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Home My WebLink About2003 [03] Mar 10 {Book 27} . . ~W.d~l"Ph.,~m ify of.5t. !Joseph· I ¡ St. Joseph City Council and Planning Commission 25 College Avenue No h i March 10,2003 PO Box 668 I 6:00 PM St.Joseph, MN 56374 (320) 363-7201 Fax: (320) 363-0342 ADMINISTRATOR 1. 6:00 PM - Call to Order Judy Weyrens ¡ 2. . ! . MAYOR Revle~ Proposed Subdivision Ordinances Larry J, Hosch 3. '" I Adjourn COUNCILORS Alan Rassier Ross Rieke Gary Utsch Dale Wick . . . . ~ . . .. ¡ M U N IC I PAL i DEVELOPMENT GROUP, INC. 1 , i ¡ DAT March 6, 2003 I I TO: Mayor Hos(;h City Coyncll Planning Commission I City Admini¡strator Weyrens j FRO Joanne Foûst Cynthia Smith-Strack I RE: sUbdivisiol Ordinance Proposed Amendments Purpose of the propose~ zoning ordinance: The~urposeOfthe st.)sePh Sub~ivision Ordinance update is to harmonize new subdivisions with ~he overall development objectives of the City ,of St. Joseph, encourage well-planned subdivisions through the, establishment of development standards.ançto provide for the health, . safet~ and general welfate of the citizens of St. Joseph. The proposed amendments to the zonin~ ordinance ensure subdivision regulations are in conformance with the City's recently adopted Comprehensive 1lan. I , Sum ary of proposed a,mendments... 1. Scope of Regulations - Establishes the City's authority to adopt subdivision standards \.. I and review, amend and approve proposed subdivis,ions or portions of subdivisions already recorded which,are partially or entirely undeveloped. 2. Exceptions - Ite+izes items which,are exempt from subdivision regulations, including: cemetery/burial pl9ts, a division of land by court order or laws of decent and a parcel that was the subject o~ a written agreement (e.g. purchase agreement) prior to the effective date of the subdivision ordinance. , , , , 3. Flood Prone lands - Language required by Statute as developed byMn DNR. Allows City to deny subdivision of land if found to be 'unsuitable' by reason of flooding. Requires' lots wit~in shoreland areas to be, at elevations above the regulatory flood protection elevatiqn, roadways to be a minimum of two feet below flood protection elevation and utilities/facilities to be flood proofed in accordance with the Mn. Building I Code. i , 4. Definitions - a n~mber of new definitions have been added to clarify various sections within theordinar¡tce. These include but are not limited to; access, way, applicant, . attorney, base lot, best management practices, bikeway, bluff, bluff impact zone, boulevard, bUildir' building setback line, caliper, ce[lificale of survey, cluster St. Joseph Subdivision Ordinan¢e Amendments March, 2003 MDG, Inc. Page 1 i I · · · i . development, co~mon interest community, conditional approval, contour map, conveyance, cop~, design standards, developer, development,. double frontage lot, dra,inage course, èscrow, final approval, flood, flood fringe, flood hazard areas, flood plain, flood proofing, floodway, regulatory flood protection elevation, improvements, land disturbance, keYl11ap, lot line,lot of record, ,lot width, metes & bounds description, minor subdivision, multiple family dwelling, natural waterway, official map, ordinary high water level, outlot, parcel, planned ,unit development, preliminary approval, public improvement, pub'lic water, pU,blication, reserve strip"" right-of-way, roadway, setback, . ' " I ., shore Impact zone, shoreland, sketch plan, cul-de-sac, dead end, half street, structure, surveyor tangent, track, trail, urban service area, variance, vertical curve, zoning district and zoning ordinatce. 5. Minor Subdivisions - This section is proposed for expansion and allows for the I waiving of the full ~ubdivision review process in very specific circumstances: (1) Split of one lot to permit the expé;3nsion of an abutting lot to create two conforming lots but no additional lot. (2) Request to combine two lots. (3) Request todivide one larger tract of land to create no more than two conforming lots, provided the parcel was not involved in a minor SUbdivisi9n within the past five years. (4) Request to divide a lot of record which has constructed on it a two-family dwelling, town home or quad where the lot division is to permIt individual private ownership on a single dwelling unit within the two- four family dwelling, providing new lots will conform to the city zoning &, subdivision ordiné;3nces and the building code. Minor subdivision approved by City Council resolution following submissicm of certificate of survey and other application materials. , I 6. Common Interest Communities (CIC) - This section covers the review of proposed . CIC's (a parcel, parts of which are owned or occupied by individµals but who all contribute to the, " payment of taxes, insurance . maintenance and constructionl repair/maintenancè/replacement of improvements including roads, sanitary sewer facilities, drinking ~ater facilities, etc. located on one or more of the parcels other than the parcel .or, part the person owns or occupies). The section subjects CIC's to all subdivision ordina~ce requirements and all standards contained in the zoning ordinance including, but notqmited to use, density, setback and height requirements. 7. Premature Subdivisions - This is a new section which affords the City an opportunity to deny Platapprotal based on findings of fact, including: a. Lack of adequate drainage. I b. Lack of adequate water supply. c. Lack of adèquateroads or highways. d. Lack of adèquate waste disposal.system. e. Inability of It he City to provide adequate public improvements (e.g. recreational facilities,s~reet/utilities) which must be provided at public expense and cannot be provided within two years. f. Threat to,e111ViromnentallY sensitive areas. g. Inconsiste cy with the Comprehensive Plan. , It is noted the burden of proof to show the subdivision is not premature lies with the Developer. . I S1. Jo eph Subdivision OrdinanceAmendments March, 2003 MDG, Inc. Page 2 I , ! , i , ¡ · · · i , . 8. DisqualificationlDønial of Plats -This is a new section, which further affords the City an opportunity to deny plats based on, factors other' than 'premature subdivision' including: a. Physical c~aracteristics of the site (e.g. soils, topography, drainage, erosion potential, e,ç;) are not suitable for the type of development, design, density or use contemplated. b. The site d,E!sign is likely to cause serious public health problems and/or substantial. environmental damage. c. The site de~ign will conflict with easements of record. d. The propos¡E!d subdivision is inconsistent with policies, and standards of State- defined shoneland districts and wetlands. i I 9. Pre-application rrineting/sketch plan - Section expanded to include language that defines the purpos1e of the process as allowing informal and confidential review of the sketch or concept plan. This review does not constitute the filing of a plat with the City which, upon completion of application, would start the statutory review period (Le. 60 day rule). : i I 6. Ghost Plat- BuildI Out Plan Required - This proposed section requires a build out plan be submitted in accordance with standards defined when: a. A parcel' of land is subdivided and the plat shows one or more lots or outlots that may eventu'ally be subdivided into smaller lots. b. When a deyeloper is platting only a portion of the property in which they have title to or legal interest in and the balance of the property is adjacent to the subject . , property. i c. Clustersubd.ivisions or open space design subdivisions that preserve open spaceforfJture development. I 7. Preliminary Plat, Ç)ata Requirements - This section is proposed to be expanded to require proposed Isubdivisionplat information includes: date of preparation, legal description of the ¡land contained within the subdivision, total acreage included in the subdivision, indication of which lands are registered torrens property or abstract property, existing jand/or proposed covenants, liens and/or encumbrances, elevation bench marks used for the topo survey, results of site evaluations, including percolation tests and soil borings, boundary lines including bearings, distances and curve data, existing zoning clcÌssifications for land in and abutting the subdivision, 1 00 year flood elevations, a stateH1ent certifying the environmental' condition of the site, information on subsurface soilsknd groundwater, areas which have been designated shoreland, wetlands and/or fldod plains along a review of existing vegetation and sedimentation and a review of the éxtent of anticipated vegetation and topographic alterations within shoreland, wetlanqs and flood plains, building pads/elevations intended for construction, a landscape plan, I proof of title and any ,(all) applications for variances to Subdivision and/or zoning standards. 8. Final, PlatAPprov1all Procedures - This is a new sectionwhic;h outlines the preparation and approval of fi~al plats. The section specifies the drafting requirements of the final plat and the, review process by the Planning Commission and City Council. This section also requires the applicant to file the approved final plat with the County Recorder within . 60 days of approv$11 or the approval is considered null and void. Building permits are not to be issued until tpe plat is recorded. i SI. Josepo Subdlvlslòn Ordinan~eAii1endn1ents MarcO,2Q03 MDG, Inc. Page 3 I i I í ¡ í I · · · I 1 I i I , i I · I 9. Final'PlatData Requirements - Proposed additions to this section include: a financial guarantee (cash, kscrow or letter of credit), a complete set of construction plans, and , upon project com11etion filing of three complete sets of as-build plans with the city. 1 I. Design Require"1ents: Streets - Proposed revisions applicable to this section include a requirement that temporary dead-ends are designed as cul-de-sacs (permanent dead- ends prohibited); $treet intersection offset requirements (less than 200' at intervals not exceeding.~ mile)!, and, a curb/gutter requirement. 1 ,Design' ReqUire~ents: Lots- Proposed revisions require residential corner lots to be 15' wider thanzo~ing standards (all other zoning requirements are the same), lot pad elevation requirerllents (12 - 35" above grade of crown of front street) and new language addresses controlled' accesses to public waters and riparian recreational lot standards as dictated by Mn.i Rules. I 1 . Required Improvements - Proposed additional~tandards require lighting as specified by the City, traffic signs, identification of lots/blocks and entrance plantings/seeding. 1 . Park Land Dedidation - It is proposed the schedule for dedication of public land in areas zoned resid~mtial be increased from eightto ten percent of all property subdivided. Several additional general requirements are also proposed, including: ,lands proposed for dedication be, rßasonably suitable for the intended use and convenient to public to be served; park landi proposed is consistent with Comprehensive Plan, cityhas option of · deciding if a comb,ination of land/fee should be required, the Developer is responsible for grading and initial ¡seeding of parkland to City specifications, and that lands dedicated as parks are deededi to' the, City and maintained by. the City. This' section. also outlines criteria for. maintemance, by, property owners of private parkland/open space for the use of residents within the, development. 1 . Schedules of Administrative Fees, Charges and Expense~- This is a newsection which allows the c;:ity to be reimbursed for costs associated with review of subdivision requests. 1 I i The ext step: I The lanning COll1missiqn and City Council should set a date fora public hearing on the Subd vision, Ordinance Update, The City Engineer is in the. process of reviewing the proposed ordin nee. Additional cOTmentsshall be inserted as recommended. , , ¡ · I St. Joseph Subd;v;s;on örd;nan~eAn\endments March. 2003 MDG, Inc. Page 4 I , ! · · · I I I I I , I. i ORDI ANCE 54: SUBDIVISION REGULATIONS I I , I ! 1 Section 54.1: TITLEIANDCONTENTS. I I Subd. 1: This ordinance shall hereafter be known, cited, and referred to as the Subdivision ) Ordinance of the City of St. !Joseph, Stearns County, Minnesota. ] ! Subd. 2: I I lITLE AND CONTEr .......................... ....... .........,. .......,............."....... ....... Section 1 PURPOSE .....,... .... ........................,........ ........ .......... .................... ........... section 2 ¡ JURISDICTION, APPLICATION, COMPLIANCE AND VALIDITY..................... Section 3 I ¡ DEFINITIONS....... .1.. ......... ... ........... ... .;...... ... ............... .......... ..'...... ...... .......... Section 4 I GENERAL REQUIREMENTS .;;; ....... ....... ........... ........ ........... ............. ..... ........ Section 5 I PLATTING PROCEIDURES..... ......... ........ ................. ..... .:.... ...;....................... Section 6 I MINIMUM DESIGN STANDARDS ................................................................. Section 7 I ' ' ., , I ¡. REQUIRED IMPROVEMENTS ...... ......... ...... ................;........... ...;............... ... Section 8 I' , ! PUBLIC LAND DEDICATION ........................................................................ Section 9 , ' I , I ADMINISTRATION [ND ENFORCEMENT .........,.........,............................... Section 10 Section '54.2: PURROSE. ¡ Pursuantto the authbrity contained in Minn, Stat. ' 462.358, this Ordil1,ance is adopted for the fOllowing purposes: I ' ] l Subd. 1: Assure th~new $ddnlo~SwlII harmonize wit~ overall d~veioPlJ1e!)l objectllles"fthe comm oity. i , Subd. 2: En~ura¡¡1 well planned subdivisions by establishing oplimu'Í' developmenl standards. Subd. 3: Secure the! rights of the general public with respect to public land and water. ! Subd. 4: Improve lard records by establishing standards for surve s and plats. ! , Subd. 5: Place the costs of improvements against those ) benefi tng therefrom. I, i Subd.6: Assure tha,f public improvements such as streets, utilities and drainage are constructed j to sati factory standards.¡, ' Subd. 7: Provide co~mon grounds of understanding between prospective I· subdiv ders-developers and <pity officials. I Subd. 8: Provide f~r the health, safety and welfare of ' residents byrequidng the necessary City of 1. JosephSubdivisionO(dinance 2003 Page 1 of 1 I ì services such as properly designed streets and adequate sewage and water service. Recommend Adding: · Section XXXX: SCOPE OF LEGAL AUTHORlrf Ä. This Ordinance is. not intended to repeal, annul, or in any way impair or interfere with existing provisions of other laws, ordinances or with restrictive covenants mnning with the land except those specificaUy repealed by or in conflict with this Ordinance. ,Every division of land for the purpose of lease or sale into two or more lots, parcelS or tracts within the incorporated area ofthe City of St. Joseph or any combination of two or more lots shall proceed in compliance with this ordinance. It is the purpose ofthis Ordinance to I make certain regulations and requirements for the platting of land within the City pursuant to the authority contained in Minnesota Statutes chapters 412, 429, 411, and 505, which regulations the City Council deems necessary for the health, safety, general welfare, I convenience and good order of this community. I B. The City shall have the power and authority to review, amend and approve subdivisions of land already recorded and on file with Stearns County if such plats are enti,rely or partiaUy j undeveloped. C. The City of St. Joseph has adopted a comprehensive plan for the future physical development and improvement of the City pursuant to Minnesota Statutes, MSA 462.351- 432.3535, and finds it necessary to regulate the division of land for future development and use. The City finds that the public health, safety and general welfare require that the I division of land into two or more· parcels requires regulation to,.assure adequate space, light and air; to provide proper ingress .andegresstoproperíy; to facilitate adequate provision for water, waste disposal, fire protection, 'open space,schooIS, public uses and adequate streets and highways; and to . assufé uniform monumenting, legal description I and conveyance- of subdivided land. The Minnesota Statutes authorizé municipalities to · so regulate the subdivision and platting of land pursuant to MSA 412.221 Subdivision 32; and 462.358. ) Section XXXX SHORT TITLE. This ordinance shan be known as the "5,ubdivision Ordinance of the City of St. Joseph" and is referred to herein as "Subdivision Ordinance." Section 54.3: JURISDICTION. APPLICATION. COMPLIANCE AND VALIDITY Subd. 1: Jurisdiction. The regulations herein governing plats and subdivision of lands shall apply I within the corporate limits of the City and the unincorporated area within two miles of its limits; provided that where a municipality lies less than four miles from the limits of S1. Joseph, these regulations shall ¡ apply only to a line equidistant from S1. Joseph and said municipality; and provided further, that the ¡ governing body or bodies of unincorporated areas adjacent to the City have not adopted ordinances for the regulation of subdivision of land or platting. Subd. 2: Application. Any plat hereafter made fOf each sub-division or each part thereof lying ) within the jurisdiction of this Ordinance, shall be prepared, presented for approval, and recorded as herein prescribed. The regulations contained herein shall apply to the subdivision of a lot, tract or parcel of land into two or more lots, tracts, or development, whether immediate or future, including the re-subdivision or I re-platting of land or lots; éxcept, the City Cmmcil may exempt the division of a single previously platted lot from the application of ttle Ordinance and condition the division upon application of the ordinance and condition the division upon Council approval enly,where the Council finds that full compliance 'Nith ttle platting procedl:lres is not necessary to meet the purposes of this Ordinance, where the subdivision or j re-subdivision meets the requirements of a ,Minor Subdivision or is listed as an exception. Subd. 3: Compliance. No plat of any subdivision shall be entitled to record in the County 1 Recorder's Office or have any validity until the plat thereof has been prepared, approved and · acknowledged in the manner prescribed by this Ordinance. No building permits will be issued by the City City of S1. Joseph Subdivision Ordinance 2003 Page 2 of 2 I ¡ I I I of St. Joseph for the constn~ction of any building, structure or improvement to the land or to any lot in a '. subdivision, as defined her¡in, until all requirements of this Ordinance have been fully complied with. \ ' 1 Subd. 4: Validitv., $houldany section or provision of this Ordinance be declared by a court of compp'tent jurisdiction to bel invalid, suchdecision shall not affect the validity of the Ordinance as a whole I or any part thereof other than the part so declared to be invalid. i ~ Sub<!. 5. A!>mJ necessll!Jl fonu:ceøtanœ ofsùbdivision alats. Before any plat 0' I ¡ subd vision of rànd slJatl[ be 'e",,~ or be of any vajdlty,it slJatl beieffmed to tbe Planning I Com, ission and approved by the' City Council of St. Joseph as having fu'fiUed the. requirements of thi Ordinance. I I Subd. 5. Con<i1lloJis for Recon:lino. No pla1 m subd;iñsion,"aU be __ to bo_ m tÞì SieamsCounty RecordKs Qffice pr Þave any vatmity unlÜlÞe platt_ Þas been prep - __,and rde _preseribedby_ _nee. ) Recommend Adding: , sectiîn XXXX:EXCEPTlONS 1 The rovisions· of thisord~nance shan. not apply to: ! 1. Acemeterycir buriaJpfot whi.le used for that purpose; \ I 2. Any divisionlof land. made by testamentary provision, the laws of descent, or upon courtorder,j . .,' ' I. 3. A parcel wh"ch was the subject of a written agreement to convey (such as a purchaseag~ement);enteredintopriorto the effective date of this Ordinance; ! ! 4. The Planning Commission or theCouncii must find each lot created through ¡ subdivision 5uitabJeforland,subdivision in its noooalstate fartJteproposed ,use I with minima~ altemtian~ ..,.' Suitability analysis by the City shalt consider ftooding, existenceatrætlands.inadequate drairrage"steepslapes,rockfoooatians, arother \ features with¡ severe Umitations far development; servere erosion potential, steep topagra.phy ; important fish and wildlife, habitat, .near..shore aquatic canditions unsuitable tor water-based ,recreation. preselJce of significant ,historic sites, o,r any otherteature jof the natural land likely to behaoofutto tbesafety, welfare or geneml health of fut~re residents, or land which cauld not be. adequately. served. by utiliti~s arotherpubl~cfacifities or public access; sucb land shall not be subdivided unless adequate . ,methods are, provided far overcoming such conditions; or··the land is ¡ platted asautlots; I 5. This Ordinan~e sbafl not repeal, annul or in any way impair orinterfere with existing provisionsof¡otber laws ar, 'ordinances except those. specifically repealed by or in j conftict with this Ordinance; 6. This OrdinaJce shaUnot interfere with private restrictions placed upon property by ¡ deed. co"en~nt or other, private agreement, or with" restrictive covenants running with the land, to whicb theCityisaparty; I ~I 7. Where this Ordinance impasesa,greaterrestrictionupon land than is imposed or requiredbYSuchexistingprovisionsofthelaw,Ordin~nCe,col)tmctor deed, the provisians o~ this Ordinance shalf. control. The Owners shall enforce. c,ovenants to ¡. the best oftheirabiJity; the City shall assume no responsibility for t.beenforcement thereof. ' Any Irestrictive covenant sball not conftict or invalidate ci,ty ordinances; I City of · t. Joseph Subdivision Ordinance 2003 Page 3 of 3 I ¡ , I I ! I I 8. Divisions of land where the division is to permit the adding of a parcel of land to an ¡ i abutting lot or to create two (2) lots and the newly created property line wiil not · cause 'the land or any structure to be in violation of this Ordinance or the Zoning Ordinance, provided Minor Subdivision Platting Requirements of Section XXX)( are followed. Section XX: FLOOD PRONE LANDS. A. Warning and Disclaimer of Uability for Flooding: This Ordinance does not imply that areas outside flood plain areas or land uses permitted within such districts will be free from 'flooding ¡ or flood damages. This Ordinance shaH not create liability on the part of the City of St. Joseph I ! or any officer or employee thereof for any flood damages that result from reliance.' on this Ordinance or any administrative decisions lawfully made thereunder. I No responsibility or liability shall arise from the design or operation of subdivision drainage I facilities dedicated to the City of St. Joseph until the City has accepted such dedication. B. Subdivision Flooding and FioodControl: No land shailbesubdivided if the City Council finds the land unsuitable for subdividing due to flooding and/or inadequate drainage,' water supply, or sewage treatment facilities in accordance with the Ordinance and the Zoning I Ordinance. Any building sites on lots within the flood plain district shall be at or above the regulatory flood protection elevation in accordance with this Ordinance and the Zoning, Ordinance. All subdivisions shall have water supply and sewer disposal facilities that comply with the provisions of this Ordinance and any applicable building, health or safety codes, 1 including the Minnesota State Bui.lding Code. AU subdivisions shall have road ac.cess both to the subdivision and to the individual building sites no ,lower than . two. (2}feet be/ow the regulatory flood protection elevation. Each of the above requirements., shall. takê into ¡ consideration thè tOO-year flood profile and other supporting material data in . the Flood Insurance Study and the Flood Insurance Rate Map. · I ) C. Public Utilities: AU public utilities and facilities such as gas, electrical, telephone, sewer, and water supply systems to be located in the flood plain shall be elevated or floodproofed in accordance with the Minnesota State Building Code to an elevation no lower than the regulatory I flood protection elevation, in accordance with state. and federal.agencyregulationsand the City's Zoning Ordinance Floodplain District. D. Public Transportation facilities: Railroad, tracks, roads and bridges to' be located within ) the shoreland Overlay District, as defined by the City Zoning Ordinance, shall comply with this Ordinance and the Zoning Ordinance. Elevation to the regulatory flood protection elevation shall beprovidedwbere failure and interruption of these transportation facilities would result in ¡ danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor orauxiliaryraiiroad tracks, roads, or bridges may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety andaslongassuchconstructionisinaccordance,^,iththerul~sand ¡ regulations of the Minnesota Department of Natural Resources or other state agencies; the federal Emergency Management Agency or other federal agencies; and/or. the City Zoning Ordinance Floodplain District. ¡ Section 54.4: DEFINITIONS. I INTERPRETATION. The language set forth in the text of this OrdinanceshaU be interpreted in accordance with the following rules of construction: · I A. Except for those words and phrases defined below, the words and phrases used in City of St. Joseph Subdivision Ordinance 2003 Page 4 of 4 I I ¡ I , this ordinance shaU be ¡hterpreted to be given the meaning' in common usage, so as to give this .. Ord nance its. most reas~nabïe application. B. The~ingu+ number includes the plum!, an!! the plutal tOØ· slnQlllar. I i C. The present tense includes the past and the future . tenses, and the future the I pre ent. I , D. The word "khan" is mandatory while the ward "may" is permissive. I E.. Where thern!!ltions Imp....." by any provision of thísc Or<1inan!'" !If<! eiIIJs more I restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, code,· statute" resolution or regulation, the regulations which are more , restrictivear impose higher standards or requirements shall prevail. I I F. All measurC!d distances shall be exp,ressed in feet and decimals o.f feet. I I I , ACCESS WAY: A JUbliC o.rprivate right-of-way across a bl,ock or withi,n a block to provide ¡ non-v hicular access, to bb used by the general public. . Subd. 1: Allev - is alPUbliC right-of-way usually 20 feet or less which affords a secondary means .1 of veh cular access to abuttll)g property. 1 I , ALLEY. A public or priva.œ right-of-way primar'ily designed to serve as secandaryaccess to t e side or rear of those praperties whose principal frontage is an a street. I ¡. APPLICANT. The, bwner,their' agent, ' ar,' Citherperson having legal control, awnership I and or interest in the land proposed ,to be subdivided. I I ATTORNEY. The att:amey.employedor retained by the City, unless otherwise'stated. ! I BASE LOT. A lot ineeting all the specifications within its zoning district prior to being ] Tinto a "~of $ingIe Iamily - ....Its. . BEST MANAGEME'~T PRACTt~ES ,(BMPs) - Best management practices as described in curr~nt Minnesota Pollution Control Agency's manual, and other sources as approved by the City and I Cou ty. I BIKEWAY. APUbli~right-Of-Wayoreasement across a block, or within a, block to provide j acces for bicyclists and in which a'patb or traU, may be installed. I Subd.2: Block - is a'n area of.land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of theabove with a j rivet O[ I~ke'i BLUFF. A toPOgfa~hiCal feature such as a hin, cliff, or embankment havin!J the following ! cha cteristies, (an area with an. average slope of tessihan 18 perœntovera. distance .of500r mo feet shatl not be coþsidered Pêtrt ofthe bluff): 1.. Part 10raUofthefeature is located in a sborefanc:larea; 2. The ISlape rises at least 25 feet above the ordinary high water leve,l o.f the I j waterbody; . 3. Thegrade of the slop,efrom the toe of the bluff to a point' 25 feet ,or more abo~ the ordinary highwaterlevelaverages30per'centorgreater; and, ¡. 4. The slope must drain toward the waterbody. 1 , , City of 1. Joseph Subdivision Otdinance 2003 Page 5 of 5 I \ I I i , , I BLUFf IMPACT ZONE. A bluff and land located within twenty (20) feet from the top ot a I bluff. · BOULEVARD. The portion of the street right-of-way between the curb line and the line. BUILDiNG. Any structure built for the support, shelter or enclosure of persons,animals, chattel or movable property of any kind, and includes any structure. BUILDING SETBACK LINE: A line parallel to the street right-ot-way line, and ordinary high water!evel, ¡fapplicable, at its closest point to any story level of a buiiding and representing the minimum distance,which ail.or part of the buiiding is set back from said right-of-way line,>or ordinary high waterievel. ¡ CALIPER - The diameter ofrepiacement .or new trees measured at a height of tWo above the ground level. ] CERTIFICATE OF SURVEY. A document prepared by a Registered Engineer or Registered Land Surveyor which precisely describes area, dimensions and location of a parcel or parcels of land. Subd.3: City - is the CityofSt. Joseph, Stearns County, Minnesota, and also, means City Council. ! Subd. 4: City Council - is the governing body of the City of St. Joseph. CLUSTER DEVELOPMENT: The development pattern and technique whereby structures I are arranged in closely related groups to make the most efficient use .of the natural amenities of · the land, while providing a unified network of open space and aesthetically pleasing areas and meeting theoveran density, regutationsof this Ordinance and the ,Zoning Ordinance. ¡ COMMON INTEREST COMMUNITY: Aicontiguou!¡' or noncontiguous realestateV\fit~in Minnesota that is subject to an instrument which o.bligates persons owninga,sef)aratety described parcel of the, real, estate, or o.ccupying a. part of the real estate. pursuant, to., a j proprietary lease, by reason of their ownership or occupancy, to pay for (i) real estate , taxes levied against; (ii) insurance premiums payable with, respect to; (iii) maintenance øf;" or (iv) construction, maintenance, repair or replacement of improvements Io.cated on one <or more parcels or parts of the real estate other than the parcel or part that the person owns or occupies ¡ (MSA515B.1..103). Subd.5: Comprehensive Plan- refers to the groups of maps, charts, and text ~hatmakeupthe ¡ comprehensive long-range plan of the City; , CONDITIONAL APPROVAL: An affirmative action by the City indicating that approval wiU be forthcoming upon satisfaction of certain specified stipulations. ] CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points of equal elevations. "Contour interval" shall mean the vertical height between contour lines. ) CONVEYANCE: The sale, trading, donation,oroffer of sale or other transfer of. land. j COPY. A print or reproduction made from a tracing. Subd. 6: Cul-de-sac - a local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. (move to Streets) · j City ofSt. Joseph Subdivision Ordinance 2003 Page 6 j i ì I J I I DESIGN. ST AN.DARDS~ The specifications to landowners or those proposing to subdivide I Ie iandf r the preparation o~Plats, both preliminary and final, indicating among other things, the optim m, minimum or mahnum dimensions of such items as rights-of-way, blocks, easements and 10. , ,I, ' ~ $ubd. 7: Detention Basin - a facility designed tQ lemporarily store runoff from rainfall or snow melt, r leasing the stored water ata controlled rate until the basin. is empty. The outlet or control i structure is located at the bottom of the facility so thatthe basin is dry after the runoff event. (See also ! i Detent on Pond, Retention B~sin, andRetention Pond). I I \ Subd. 8: Detention 1)ond - a facility designed to temporarily store runoff from rainfall or snow I melt, rleasing the stored wa~er ata controlled rate until the water has been brought down to a predet rmined level. The outlet or control, structure is located in such a way that some water remains in I the faility. The bottomofthþ facility is usually below water table, or is otherwise constructed in such a I way th tstanding water rem~ins in the pond year round (See also Detention Basin, Retention Basin and Retent on Pond). '" I I Subd. Q: Design Standards ) , I DEVELOPER: An I individual, firm,association, syndicate,co-partnership,corporation, 'or other legal enti'y submitti.ng an application "for the purpose. of land subdivision as d herein. ,The cleve oper may,be the owner or authorized ,agent of the owner of the'land to I bdivided. DEVELOPMENT. AÇtS relating tosubdividingland,platted land, building ,structures and I. inst lling site improvements,. ' I I, " DOUBLE FRONTAGE LOT. A lot other than a corner lot which has a property line abutting e street and an oppøsite property ,line abutting ,on another non-intersecting street. ¡ , RAINAGECOURSE. A water course or surface area for the drainage or conveyance of surfac water. I " I Subd. 10:" Easementj- is a grant by a property owner for the u~e of a defined piece of land, either on a te porary or a perpetual basis for the purpose of access, surface drainage, storm water or snow melt d~tention, snow storage,lorthe construction and maintenance of utilities including, but not limited to, ¡ sanita and storm sewers, water mains, storm drainage ways, gas lines, electric lines, and cable t. V. lines. \ ) , ¡ ESCROW: The deposition oHunds in an account maintained by the City for the purpose of ensuri 9 fulfillment Ofceitainiobligations pursuánt to this Ordinance.' , FINAL APPROVAL: ¡Approval of the final plat by the City Council, as indicated by certification of I the pia 'by the mayor of the city, constitutes authorization to, record', a 'plat. Subd.11: Final Plat,~, is a drawing. or map of a subdivision, meeting all the requirements of a City I and in uch form as required' by the County for purposes of recording. FLOOD RELATED. ¡ Accessory Use or Äêcessory Strucmre. A use or structure in the same lot with, and of a natu customarily Ìl'u:rdental'and subordinate to, the principal use or structure. Ie I Equal Deg,reeofEn~roachment.' Method of determining the locatioß of encroachment lines I so thatthehYdraUli~ capacity offlood plain lands on each side of a stream are reduced by , I City of st. Joseph Subdivision Ordinance 2003 Page? of 7 an equal amaunt when calculating the increases in flaad stages due to. fload, plain encroachments. . FEMA. The U. S. Federal Emergency Management Agency. Flood. A temporary rise in stream flow or stage that results in inundatian of the areas adjacent to. the channel. Fload Frequency. The average frequency, statistically determined, for which it is expected that a specific flaad stage ar discharge may be equaled 0.1' exceeded. Flood Fringe. That portian af the flaad plain outside of the flaodway. Fload fringe is synanymaus with the term "flaadway fringe" used inth~ Flaad Insurance Study af theC¡ty. I Flaad Hazard Areas. The areas included in the flaadwayand flaadfringe as indicated an I the afficial zaning map and the Flaad Insurance Study and Flaad Insurance Rate Map which have been afficially adapted by the 'City. I Flaad Insurance Rate Map. The mast recent Flaad Insurance Rate Map prepared by FEMA ! far the City, and as applicable and allawed by law, the FlaadlnsuranceRateMapprepared by I FEMA far the Caunty af Steams, as may be amended. I Flaad Insurance Study. The mastrecentFlaad'lnsuranc.e Study prepared far th~City by FEMA and, as applicable and allawed by law, the Flaad,lnsurance Study prepared byFEMA far ¡ theCaunty of Steams, as may be amended. Flaadplain. The areasadjaining a watercaurse which have been ar he~aftermay be I covered by the 1 DO-year flaadas determined by the use af the tOO-year flaadprofile and ather . supparting technical data in the Flaad Insurance Study, 0.1' in any ather afficially adapted City flaad study. ! Flaadpraafing. A cambinatian afstructural pravisians, changes aradjustments ,to. prapertiesand structures sUbject tafloodingprimarUy far the reductian 0.1' elimination af flaad damages to. praperties, water and sanitary facilities. structures and cantentsaf buildings in a I flaad hazard area in accardance with the MinnesataState Building Cade. Flaadway. The channel af the watercaurse and thase partians afthe adjaining flaad plains which are reasanablyrequired to. carry and discharge the regianal flaad determined by the use ¡ af the 1 DO-year flaad profile and ather supparting technical data in the Flaad Insurance Study, arinanyather afficiallyadapted Cityflaad study. ¡ Obstructian. Any dam, wall. wharf. embankment. levee, dike. pile, abutment. prajection, excavatian, channel rectificatian, culvert, building, wire,fence, stackpile,; refuse,fill,structurear matter in, alang, acrass 0.1' prajecting into. any channel. watercaursearregulatary flaod hazard area which may impede, retard 0.1' change the directianaf the flaw af water, either by, itself or by j catching 0.1' caUecting debris carried by such water. ar that is placed where the flaw of water might carry the same dawnstream to. the damage af life ar property. j 1 DO-Year Flaad. A flaod which is representative af large regianal flaads knawn to. have accurredgenerallyin Minnesataandreasanably characteristic afwhatcan be expected to. accur an an average frequency in the ma.gnitude af the 100-year recurrenCe interval as determined by the use af the 1 OO-yearflaad profile and ather supporting tecnnical data in' the Flood Insurance j Study, ar in any ather afficially adapted City fload study. Reach. A hydraulic engineering term to. describe a langitudinal segment af a stream or river influenced by a natural or man made abstruction. In an urban area, the se,gment af a stream . \ or rjver between two. (2)cansecutive bridge crassings would be typical af a reach. City of St. Joseph Subdivision Ordinance 2003 Page 8 of 8 ¡ ! I I I i . Regulatory Flood ftrotection Elevation. A point not less than one. (11 foot above the water sud ce profile associateij·withthe100-yearflood,asdeterminedby the useoUhe 100-yearflood pro ,Ie and supporting technical data in the Flood Insurance Study plus any increase in flo()d heights attributable to øncroachments on the flood plain. the ,elevation to uses ,eg¡-ted by this Ordim!""" a... required to ~e ~. or !l0Qdp~. i Strpcture.Anythinderected with a fixed loc3tlonon the ground, or ,atta~héð. to something havig 3 fixed location on the ground or in the ground in the case of earth sheltered buildings. I Am "ngotherthings, stru,ctures include buildings, factories, sheds, detacttedgarag,es, cabins, man factured homes, walls, fences, billboards, poster panels and, other simnar items. I I HYDRIC SOIL Forbepurposes,oUhiS Ordinance, hydric soils shaUinclude: 1 a. Hydric sOill as shown on, the Steams County Geographic Information System (GIS); or ,I I b. Land inside! the 100 year floodplain area, as determined by the County, using two (2,) foot contoursurwysof relevant areas; or , I I ! c. A field df!lineationof the hydric soils by a, Registered Soil Scientist foUowingíhe criteria ,fou~din the United States Army Corps .. of Engineers .,WettandDelineation Manual'(19~7 Manual) or the. Natural Resource. Conservation ServicepubUcation Field Indicators of Hydric$oils in · the United States. ! I IMPROVEMENTS: .1 Pavement. curbs, gutters, s,idewalks, seweranô·, water 'faciiities, drai·nagefaciliíies, ,street signs, street ,lightil19, 'pfantingsandother items for the' weffareof - I . ',' ,I, ", . 1e proper¡ty owners and/or th~ general public. IIN"fEN5NE~ATIONCLEARlNG: The complete """oval of tiees or _ubsin a conti tOUS patch. strip, ~ or ~Iock. I I LAND· DISTURBANCE: Any area in wtt;ich movement of earth, alteration in topog.raphy, soil cmpadjoo, _ptio!' qf yegetation. change in soil chem~, o~ any other change In the ¡ natura cbaracter of tbeland occurs as a result of the site preparation, grading, building constr. dion or other construction activity. \ KEY MAP .Asman~calemap vvhich definitively shows the area proposed tobepfatted in I Æ1ú1 to~own _~ _~ .(~ ~ ~~ re~ communüy ce_, ~~_ stree ). : I , , \ ¡ Subd. 12: Lot - is a portion of a subdivision or other parcel of land intended for building develQrel)! Qr for transfe, Qfownership. lOT LINE, SIDE: AÒy boundary of a . lot tbat, is not a front tot tine or a. rear lot Une. I ·¡.OTOFRECORD: ~pa<ce ofland,wbether~ .!".~ 1egaHy__, 0$ ¡ qf t1:-1'" date of th\S Q...unance, or approved by the cttyO$ a lot subsequent t<> sueh date, and '. ' ich is occupied by ,or intended for occupancy byone.(1) principal use, togetber with any acce sory buildings or S~Ch open spaces ,as required by this Ordinance and having its principal ~ "" a _,ora proposed S!reeIapprovedby the council. I ...' lOT, WIDTH: The ~orizontal distance between the side lot Unesof a lot measured at the buil-'ine, løçalion of the pTincipaI-ing and, if appIic-,ordiAary Irigh- ¡e level . 9'comer lots, tot wicIIIISha" be -.mined by measuring ~ IIori2<mtaI distance Joetween aside ot liae and the applieable opposite front lot line. ; City of at. Joseph Subdivision Ordinance 2003 Page 9 of 9 , I METES .4.ND BOUNDS DESCRIPTION. A description of real property which is not · described by reference to a lot or biockshown on a map, but is described by starting at a known poiot and describing the bearings and distances of the lines forming the boundaries the property or delineating a fractional portion of a section, lot or, area by, described,. [¡nes portions thereof. MINOR SUBDIVISION: The division of a single parcel, lot, or tract, into two separate parcels, lots, or tracts. MULTIPLE FAMILY DWELLING. A dwelling containing more than two (2) separate living units. I NATURAL WATER WAY. A naturaipassa,geway on the 5urfa,ce of the earth. so situated and I I having such a topographical nature that surface water flows through it from other areas before reaching afinalponding area. The term also shall include all drainage structures that have been I constructed or placed for the purpose of conducting water from one place to another. I OFFICIAL MAP: The map adopted by the City Council showing the streets. highways, I blocks and lots theretofore laid out resulting from the approval of subdivision plats and the subsequent filing of such approved plats. I ORDINARY HIGH WATER lEVEL: The boundary of public waters and wetlands. and shalt I be an elevation delineating the highest water level ,which as been maintained for, a sufficient period of time to leave evidence upon the landscape, commonly that point where. the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercounieS, ¡ the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowage. the ordinary high water level is the operating elevation of the normal · i summer pool. j OUTLOT. A lot remnant or parcel of land left over after platting. which is intended as open space or other future use, for whi,ch no building permit shail be i,ssued. ¡ Subd. 13: Owner - includes the plural as well as the singular, and where appropriate shåll include a natural person, partnership, firm, association, public or quasi-public corporation, private corporation, or a combination of any of them. I PARCEL. An individual lot or tract of land. J I Subd. 14: Parks and Plavarounds - are public lands and open spaces in the City of S1. Joseph J dedicated or reserved for and usable for recreation purposes. Subd.15: Pedestrian Way - is a public or private right-of-way across a block or with a block to I provide access, to be used by pedestrians and which may be used for the installation of utility lines. ¡ Subd. 16 Percentaae of Grade - on street centerline, means the distance vertically (up or down) from the horizontal in feet and tenths of a foot for each 100 feet of horizontal distance. ¡ ¡ Subd. 17: Plannina Commission - is the Planning Commission of the City of S1. Joseph. ¡ PLANNED UNIT DEVELOPMENT: A tract of land planned and developed to encourage a more creative and efficient development of land, while at the same time meeting the standards and purposes of the Comprehensive Plan for preserving the health, safety and welfare oUhe City · ofSt. Joseph, to allow fora mixture of residential units or residential and commercial units in an ¡. integrated and well-planned area and to ensure the concentration of open space into more usable City of St. Joseph Subdivision Ordinance 2003 Page 10 of 10 ¡ j I I I I , , areas nd preservation of ¿aturai resources of the site including wetiands" steep slopes, . .... .... I··. . . .... .' \feget tieD, and scenic .areas. , I Subd. 18: Planned Unit Residential Development - a tract of land containing not less than 20 acres nd which contains or rill contain two Of more principal residential. buildings, developed or to be differe t character than that Of th"e surrounding areas, including but not limited to the provision of common , open s ace for use by allresjdents ofthe tract. . I . . i PRELIMINARY APPROVAL: Approvaloftheprefiminary plat by the City Council which I . ' , ' constitutes authorization to proceed with final engineering plans and final plat preparation, taking intoCJ! nsideration any con:ditions forapprovai. ' I .. Subdc W prelimina~ Pial - isa t~ntalive drawinQ or ma" of a proposed "ubdivision meetinQ the , requirlments herein enumerated. I Subd. 20: protectivJ Covenants- are contracts madê between private parties as to the manner I in whi9h land may be used, ~ith the viewto protecting and preserving the physical and economic integrity I of anyr-ivenarea. The City ,hall not be' Æsponsible for enforcing protective covenants. , PUBUCIMPROVEMENT. Any drélinage ditch, roadway,parkway,street, sanitary sewer, I stonn 1"""""water sysIemt -'~""-Y. tree. _.Qti-slreet ,"""in9 area, tot improIementorother facil~ty for which theCityma,y ultimately assume ownership" responsibility for ma¡intenance and operation, or which may effect an improvement, for which local government j responsibility is or may be ¡established. PUBUCWATERS. Any waters as defined in Minnesota.,Statutes, section 105.31, I . subdiisions14and 15, as :may be amended. \ . PUB ICA nON: An OffiCi~1 notice as presc,ribed by Minnes,ota Statutes. , i I QU'DRAMINIUMS. Singlc:tstructuÆswhichcontain tour (4) subdivided dweUirt,g units, allot whi h, have individually separate entrances from the exterior of the structure. I ¡,RESERVE STRIPS. r narrow strip of land placed .betweenlotUnesand streets to control , acces . ' Subd. 21: Retention Basin - a facility designed to store runoff from rainfall or snowmelt with no ¡ outlet. The stored water is allowed to percolate into the ground. (See also Detention Basin, Detention \ pond'lnd Retention Pond). ! I i Subd. 22:' Retêntion Pond - a'facility designed to store runoff from rainfall or snowmelt with no j outlet. The bOttom QfthefacjläY is usually below water table, Qr is otherwise constructed in such a way that st nding water remains if! the pond year round. (See also Detention Basin, Detention Pond, and RetentJon Basin). I ! RIGHT-OF-WAY. Lapdacquired by reservation or dedication intended for pub.lic use,and intendrd to be occupied orlwhich is occupied by a street, trail, raitroad, utility lines, oU or gas ) pipeU e,water tine, sanitary sewer, storm sewer or other similar uses. j ROADWAY. The, pO~ionOfstreetright-of.;.waYimprovedforvehicular travel.. I I ¡ Subd.23: Rural Deslon,:. astreetdesign where adjacent property and right-of-way are graded to . fo~ a I itch section along th~ shoulder of the road. Surface drainage is primarily carriêd by the ditch section. i I . SETBACK. The distance between a building and the property line. nearest thereto. \ City of t. Joseph Subdivision Ordinance 2003 Page 11 of 11 SHORE iMPACT ZONE: Land located between the ordinary high water level of a public . , water and a line parallel to it at a setback of Fifty (50) percent of the structure setbac&<:. ì I SHORELAND. Land located within the following distances from public waters: '1,000 feet i from the ardinary high water level af a ~ake, pond or flowage; and 300 'feet from a river 101" stream, or, the !andwardextent of a floodplain designated by ordinance on a river or stream, whichever is greater. SINGLE FAMILY DETACHED DWELLING. A dwelling which is designed ,and constructed i for and occupied by not more than one family and surrounded by open space or yard,s and I I which is not attached to any other dwelling by any means., I SKETCH PLAN. A drawing showing the proposed subdivision of property. ThisplanshaU be drawn to scale and dimensioned; however, exact accuracy is not a requirement i Subd.24: Street - is a public right-of-way affording primary access by pedestrians and vehicles I to and through property within and adjacent to the community. Streets are divided into four functional I classifications according to the character of service they provide: a) Principal arterial: Carries the major portion of trips entering and leaving the community, I as well as the majority of through movement. Serves the major centers of activity, the j longest trips, and carries a high proportion of urban travel on minimum mileage. Emphasizes mobility and is usually characterized by restricted access to abutting property. ¡ b) Minor arterial: carries the largest percentage of intracommunity travel interconnecting with and augmenting the principal arterial system. Serves smaller centers of activity, but I ideally should not penetrate identifiable neighborhoods. Servës trips of moderate length . I and provides a lower level of mobility. Access to abutting property is usually not restricted. I c) Collector: carries traffic from the arterial systems to local street destinations, and vice I versa. Provides traffic circulation within neighborhoods, and within commercial and I industrial areas. A collector street is designed to carry approximately _ vehicle I trips per day. CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. I DEAD END: A street, or a portion thereof, with only one vehicular traffic outlet. I HALF STREET: A street having only one-half of its intended roadway width I developed to accommodate traffic. d) Local: primary purposes to provide direct access to abutting property. Offers the lowest I level of mobility and through traffic movement is deliberately discouraged. e) Frontaae road: a street directly adjacent to a principal arterial used to control access to ¡ the arterial while also serving adjoining property. Serves to segregate local traffic from higher speed through traffic and intercept driveways of residences and commercial establishments along the arterial. Can carry a functional classification of collector or local street depending on projected use. Also, a street directly adjacent to railroad right-of-way ) where access to abutting property is only necessary on one side. PRIVATE. A street serving as vehicular access to two (2) or more parcels of land which J is not dedicated to the public and is owned by one or more p.rivate parties. .. City of St. Joseph Subdivision Ordinance 2003 Page 12 of 12 1 I I I I. Subd.25: Street Width - is the shortest distance between lines of lots delineating the street ngh~o~way. i I ~TRUC!URE:.Anytring.erected with a fixed ~ocation on the ground, ota.tta~hed to ' I I SO~f'nghavmg a fl~ j)oatlOQ on the ground or rothe ground. Antong oth<wilnngs, structures inclu e buildings, manufattured homes, walls,fences, biiiboards, swimming pools, and poster I panel ·$Ubd. 26: SUbdiViSL",. described tra(;( of land which 1510 be gr has been dlvid~ Inlo two or '! j more lots or parcels, any of which resultant parcels is less than two and one-half acres in area, for the purpo e of transfer of ownership or building development, or" if a new street is involved, any division of a parcel of land. The term includes re-subdivision and, where it is appropriate to the context, relates either to the rocessof subdividing: or to the land subdivided. I SURVEYOR. A iandsurveyorregistered under Minnesota State Statutes. TANGENT: A trme mat~ pe~~uw tn memdins åtå cueva ~ a pmnt on the curve I I TOWNHOUSES. ,Strudure housing three (3) 'or more,.dwel.ling units .contiguous to each other I nly by the sharin9cff one (1) common waU,such structures to be ofthetoWR or row house I type as contrasted to multiple apartment structures. I i I TRACT: A defined area of land, similar toalot orparcel,thatis occupieàor will be I occup¡ied by a building ~nd its acc,essory buildings, together with such 0Pt!'n spaces as are I requiTd under the provistonSofthe current City zoning regulations, having noUessthan the minimum area required by said zoning regulations for a building site in the district in which such lot is ituatedand having its principal frontage on a street. I 1. ¡ TRAIL-A Unear component of the community's park system. ! i TWO.;FAMILY' DWELLING. A dwelling designedexciusively for occupancy by two (2) I famifies living independen~ly, of each other. Subd. 27: Urban Delian. A street design where adjacent property and right-of-way are graded to J j the ed e of pavement or to the top of a curb without need for ditch construction. Surface drainage is pnma Iy carried by the paved street section. ) I URBAN SERVICE A,REA. That portion of the City, as geographicaUy defined by the I Comprehensive Plan, whic~isor has the future potential for development' at, urban densities ) andlor: urban uses and in '^(hich urban improvements may be required. I I VARIANCE: ',A,rel.a~ationofthetermsofthis· Ordinance where such deviation will not be ¡ cnnt:rto the spirit and i,"- ofibe Compre\1ensive Plan and _ 0rdi\Jance, _ public __ and W ereduetophysical1conditions unique to the ,individual property and notttte result of the action~ of the applicant, " a \ literal enforcement of the' Ordinance wou:ld result inlJnnecessary and I UR1hardship. . VERnCALCURVE:11 The surface curvature ona street centerlinelocated between lines of ) djfferentpercentageofgra~s. ,\ Subd. 28:, Wetlands.1 The City adopts the definition of "Wetlands" as contained in Minn. Stat. I 103 .005, Subd. 19. Designations of the Stearns County Environmental Services Office of wetlands I shall b presumed as accurate when determining the location of wetlands. I I I I- ZONING DISTRICT: An area as described by the official zoning ordinance of the City of St. Joseph. ! ' City of 1 Joseph SubdMslon ofdlnance2003 Page 13 of 13 I I I ZONING ORDINANCE. The Ordinance or resolution controlling the use of land as adopted 1 by the City. ..< i I Section 54.5: GENERAL REQUIREMENTS. Subd. 1: Established Monuments. All Federal, State, County and other official monuments, \ bench marks, triangulation points, and stations shall be preserved in their precise location; and it shall be I the responsibility of the subdivider-developer to insure thatìhese markers are mai~tained in g08d condition during construction and development. All section, quarter section, and, sixteenth section covers shall be duly described and tied. ' I i \ Subd. 2: Preservation of Natural Features. The Planning Commission may dedicate or establish I any existing natural features in order to preserve any trees, groves, water courses and falls, beaches, ) historic sites, vistas and similar irreplaceable assets which add value to all developments and to the City as a whole. I Subd.3: Land Subiect to Floodina. No plat shall be approved for any subdivision 'Nhich covers an area subject to periodic flooding or which, is otherwise poorly drained unless the subdividf}r-developer agrees to make improvements which will, in the opinion of the City Council, make the area completely safe for occupancy, and provide adequate street and lot drainage and conform to applicable regulations I of other agencies such as the U.S. Corps of Engineers and the Department of Natural Resources. In addition, such plats may not be approved if the cost of providing essential services to protect the flood I plain area would impose an unreasonable economic burden upon the City. I Subd. 4: Convevance bv Metes and Bounds. No conveyance of land in which the land conveyed ! is described by metes and bounds, or by reference to an unapproved registered land survey made after the effective date of Laws, .1961, Chapter 626, shall be made or recorded ,unless the parcel described in the conveyance: - j . a) Was a separate parcel of record at the effective date of this Ordinance, or I b) Was the subject of a written recorded agreement to convey that which was entered into J prior to such a date, or ¡ c) Is a single parcel of land not less than two and one-half acres in area and 150 feet in width. The City, may refuse to take, over tracts as' streets or roads or to. improve, repair,. rnaintain any I tracts which have been subdivided in this manner. I Subd. 5: Variances. Whenever it is found that the land included in a subdivision plat, presented I for approval, is of such size or shape or is subject to, or is affected by such topographical location or conditions, or is to be devoted to such usage that full conformity to the provisions of this Ordinance is impossible or impractical, the City Planning Commission may recommend to the City Council by letter of transmittal that said Council authorize variations or conditional exceptions in the final plat so that j substantial justice may be done and the public interest secured. In recommending such variations or conditional exceptions, the City Planning Commission and j the City Council shall find the following: a) That there are special circumstances or conditions affecting the property. ¡ b) That the variation or exception is necessary for reasonable and acceptable development of the property in question. I . I ¡ City of S1. Joseph Subdivision Ordinance 2003 Page 14 of 14 ¡ I I I c) That the granting of the variation or conditional exception will not be detrimental to the .. public welfare or injurious to other property in the vicinity in which the particular property is situated. I I I I d) The variatidn or exception does not adversely affect the Comprehensive Plan. i ! I , I SE TiON xxxx . MINOR $USDfVISI.oNS A. T~ s_ shaH rp1Y to tire following appJkatù)os: I 1. In the case of a request to divide a portion ofa lot where the division is to permit the adding 01a parcel of land to an abutting lot 50 that no additional lots are created and both new lots conform to Zoning .ordinance lot size minimum standards. j , 2. In the case of~ request to combine two (2) existing platted lots. In the case of l request to divide a lot from a larger tract of land and thereby creating 3. no more .than\two lots.,bGth of which conform to Zoning, .ordinance minimum standards. To qualify, the parcel of land shan not have been part of a minor subdivision within the last five (5) years. I ) I 4. In the case of ~ request to divide a base lot which is a part of a recorded plat on which has been constructed atwo-familydweUing, townhouse orquadraminium, where the ¡ division is to permit individual private ownership of a single dwelling unit within such a structure anct the newly created ,property lines will not cause any of the, unit lots or the structure. to be in· violation of this .ordinance, the, Zoning .ordinance, or the State Building Code. \ - ¡. B. Content and Data Requirements ! 1. The requested Iminor subdivision shall be prepared by a registered land surveyor in j I, :.. the form of a C~rtJficate of Survey. ! 2. The dataandsu,pportiveinformatio.n' detailingthepropo.sed subdivision shall be as , j follows: I A. CERTllilCATE.oFSURVEY: If thepro.pertyaffected is registered land" a Registered Land Survey shall be required. Ten (10) copies oUhe survey shaUbe submitted to the City Administrator ROt less than two. 'weeks prior to. the. next ¡ Planning CÓmmission meeting. Contents of the Certificate of Survey shall include: 1. 'No.rthar!row 2. Lot sizes in square feet, p,rior to and after the proposed split. I 3. Existingibuildings and sefba,cks frompropo.sed Io.tlines. 4. Tree cover. 5. Legal dtiscriptionsfor the parcels . to be created. 6. Streets åndeasements I B. AOD.TtONAL'INF.oRMATlON: In addition ",to the "Certificate. of"survey, the applicant 'shall submit: \ 1. A special' assessment search 2. Property owners names and addresses and proof of ownership 3. Zoning of aUaffèctedparoels I I 3. The 'minor ,subdivision, shall confòrm to. aU ,'design standards a,s s,pecified in this ,.ordinance. Any Ip,roposed deviation from saidstandardsshaU require the pro.cessing of a. variance re1uest. . C. Processing I i City of t. Joseph Subdivision Or~inance 2003 Page 15 of 15 i \ 1 I .. If the ,land division involves property which has been previously platted, or the total i. · property area included is greater than ten (10) acres, the City Administrator may l approve the subdivision, provided that it complies with applicable provisions of this ,ordinance. I 2. In the case of applications involving property lying within the Urban Service Area, i which has not been previously platted, and is less than ten (10) acres in total area, the applicable processing ¡>rovision of~ection 1103.02 (Preliminary Plat) shall be followed. I I 3. in the case of applications involving property lying within the Rural Service ~re'!aVVhic~ I has not been previously platted and is less than ten (10) acres in total area, the City j Administrator may approve the subdivision, provided it compties with applicable provisions of this Ordinance. 4. Upon execution of the Council's resolution approving ,the petition for a minor ¡ subdivision, the City Administrator shall be authorized to sign the deed, or registered land survey as meeting the requirements of the'! City. , ,Theeertificate of Survt}yor Registered Land Survey shall be filed,> and recorded at the Offic(! of the County I Recorder within thirty (30) days of approval. SECTION XXX COMMON INTEREST COMMUNITIES I A. COMMON INTEREST COMMUNITIES (CIC) APPROVAL A Common Interest Community shall be evaluated and considered for approval in the same manner as, a standard plat and shall - be subject to the site coverage standards 1 contained within the City of St. . Joseph Zoning 9rciifJaoce. · B. REQUIREMENTS. I Common Interest Communities shall be, subject to all use, residential density, setback and" " height requirements of the applicable zoning district and any other applicable standard contained in the City of St. Joseph Zoning Ordinance. ) C. CONVERSIONS OF COMMON INTEREST COMMUNITIES. The conversion of existingcommoninterestco01ß1u"ities;resons, mobile,nomepélrkso;r I other similar types' of developments',from,privatelyowned.structures.,.on.leased.or fflnted land, or the division of several, commonly owned structures on a single ¡)étrceloflandto individually owned parcels containing separate structures, shall be by a standard plat I pursuant to the requirements of this Ordinance and the applicable" requirements of Minnesota Statutes, Chapter 515A and Chapter 5158, or successor statutes, and shall be further subject to the following: I 1. SEWAGE TREATMENT. When considering approval of conversions the Planning Commission shaUconside~ the. devetopmentasawhoJe,ffltativeto tt¡e 'provisionf()r sewer and, on-site" sewage treatment systems, '. and· shall. require .connedioos to;, the 1 municipal system where they are avaitable. In areas where municipal services are not available, design plans shall be presented and approved for a community wastewater treatment system as an integral element of the Common Interest Communityapprova,l. A timeline to implement the approved wastewater treatment plan and/or eliminate aU j identified failing sewage treatment systems shall be established by a subdivision or development agreement. 2. CONFORMITY. The developer sh~lI. make every effort to. minimize" the, degree af · I nonconfonnity with existing ,lot and area requirements and setback requirements. lot City of St. Joseph Subdivision Ordinance 2003 Page 16 oU6 ¡ i 1 i i ¡ lines shall be arranged to provide the largest possible setbacks between structures I I , ¡- that will becqme the principal structures on the newly created lots. Accessory I buildings shan be moved or removed when and where possible to create the lowest, : most uniform density possible. 3. DENSITY. Th~ conversion shall not result in an increase in residential density, unless , the residentìa~density requirements at the applicable zoning dislrict are met. , I ¡ 4. U IFIED AND EFFiCI NT USE OF SPACE. To the extent possible, the common open space, i dividual properties and other elements of the common interest community shan be so I panned that they will rChieve a unified scheme of planning and efficient distribution of uses. I 5. 5 ECIAl CONDITIONS fOR SHORELAND AREAS: , 1 a. Inconsiste~cies between existing features of development and those required by this ordinance and Ordinance 52 (zoning ordinance) shari be identified. However, ¡ existing d~emng unit or dwelling site densities that exceed standards of Ordinance ¡52 (Zoning Ordinance) may be allowed to continue but must not be allowed to ¡be increased either at the time of conversion or in the future. Efforts, must be m~de during the conversion to limit impacts of high densities by requiring , ¡ seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems or by other means. Deficiencil involving structure color, impervious coverage, open space and shore b. ¡ recreationfaciUties must be corrected as part of the conversion. Shore ami ~ impact zone deficiencies must be evaluated and reasonable c. Ie improveme made as part of the conversion. These improvements must include, where appH¡cable, the following: i. Removal of extraneous buildings, docks or other facilities that no longer need to be located in shore or bluff impact zones. ! ii. Reniedial measures to correct erosion s.itesand improve vegetative cover and ¡screening of buildings and other facilities as viewed from the water. m. If e~isting dwelling units are located in shore or bluff, impact zones, . I conditions are attached to approvals of conversions that preclude exterior ex~nsions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, wheR! feasible to oth~r locations, meeting aU setback and elevation req:uirements when they I are iebuilt or replaced. ' 'SEe ION xxx PREMA. TURE SUBDIVISIONS. Any preliminary plat of a proposed subdivision 1 dee ed premature for d~elopment shan be denied by the City Council. i A subdivision may be debmed premature should anyone or more of the conditions set forth in . the tI Uowing provisions exist: I 1. Lack of adequate d1inage: A condition of inadequate drainage shall be deemed to exist if: a. Surface or I subsurface water retention/detention and runoff is such that it I constitutes ~ danger to the structural security of the proposed development, or flood ofthe subdivision or downstream property. b. The proposéd subdivision will cause pollution of water sources or damage from erosion and isiltation on downhill or downstream land. I c. The proposed site g,rading and development will cause siltation on downstream land. \ · ¡. Factors to be considered in making these determinations shan include, but shall not be I fimited to: average rinfall for the area; the relation of the land to flood plains; the nature i t Joseph Subdivision Ordinance 2003 Page 17 of 17 , I I I ¡ of soils and subsoils and their ability to adequately support surface water runoff and I I waste disposal systems; the slope of the land and its effect on effluents; and the presence · ! of streams as reiated to effluent disposal. I 2. Lack of ,"-\dequate Water Supply: A proposed subdivision shall be deemed to lack an adequate water supply if the proposed subdivision does not have adequate SOurces of i water to serve the proposed subdivision if developed to its maximum permissible density \ without causing an unreasonable depreciation of existing water supplies for surrounding I areas. I 3. Lacl( of Adequate Roads or Highways to Serve the Subdivision: A proposed subdivision shall be deemed to lack: adequate roads or highways to serve the subdivision when: I a. Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare, or aggravate an already hazardous condition, and I when, with due regard to the advice of the City Engineer, Steams County Highway j Engineer and/or the Minnesota Department of Transportation, said roads are inadequate for the intended use; or ¡ b. The traffic volume generated by the proposed subdivision would create unreasonable traffic congestion or unsafe conditions on highways existing at the time of the application or proposed for completion within the next two (2) years. \ 4. Lack of Adequate Waste Disposal Systems: A proposed subdivision shall be deemed to I lack adequate waste disposal systems if: 1 a. In subdivIsions for which sewer lines are proposed, there is inadequate sewer capacity in the presen~ system to support the subdivision if developed to its maximum · pennissible density indicated in the St. Joseph Comprehensive Plan, as may be amended. I b. Soil tests, drain field areas or other such factors relating to on-site waste disposal I systems are judged as inadequate for the use proposed. I 5. Providing Public Improvements: If public improvements, such as recreational facilities, streets and utilities, reasonably necessitated by the subdivision, which must be provided at pUblic expense, cannot be provided within the next two (2) fiscal years. I 6. Threat to Environmentally Essential Areas: The proposed subdivision is inconsistent with I policies and standards of the City, the County, the State, or Federal Government relating to environmentally sensitive areas and protections. I 7. Inconsistency With Comprehensive Plan: The proposed subdivision is inconsistent with the purposes, objectives and recommendations of the duly adopted Comprehensive Plan of St. Joseph, as may be amended. I The burden shall be upon the applicant to show that the proposed subdivision is not premature. 1 SECTION XXX DISQUALIFICATION/DENIAL OF PLATS. The City Council may deny the subdivision if it makes anyone or more of the following findings: 1 A. That the proposed subdivision is in direct conflict with adopted applicable general and specific comprehensive plans of the City, County, or Region. · I B. That the physical characteristics of the site, including but not limited to topography, City of St. Joseph Subdivision Ordinance 2003 Page 18 of 18 I I 1 ,\ . 1 , ',. - - . , . d "Jtat" fbTt t 1 percolation r~te,soii cond.itions,susceptlblhty to erosion an ,Sl lon, suscep IllY 0 J flooding, wat:t:st~rage, drainage and retention, are such that the site is not suitable. for .. the type of de elopment, design, or use contemplated. I ! C. That the site 1110tPhYSiCany suitable the proposed density of development I , D. That ,the des.iJn of the subdivision, or the type of improvements are likely to cause serious , public heaithproblems. " \ \ ! That the design of the subdivision 'or the proposed improvements are likely to cause I SUbstantialent,"onmentai damage. i That the design of the subdivision o.r the type of improvements will co.nflict with ¡ easements of~cord o.r with easements established by judgment o.facourt. I That the, propo~ed subdivision, its site, or its design adversely affects the flood-carrying I capacity' of the~o.odway, increases flood stages and velocities, orincrease~flood hazards within the f(001waYfringe or within other areas of the City. Theproposed~ubdivision is inconsistent with the policies and standards of ) the Síate-defined Shoreland Districts and Wetland Districts. I ¡ Se· ion 54.6: PLATTING. PROCEDURES ¡- ¡. Subd.1: Pre~ADPlication MeetinQ; Prior to the submission of any plat for consideration by the Pia I ning Commission, th~Ubdivider~developer shall meet with the PlanningCom1fJission (same ; caflmunities have the s \. tcn plan phase caardinated by the City Administrator; public works staff an city engineer- with their option to ,refer it to fhe PlanningCommissionj and introduce himself! ¡ as a\ potential subdivider-developer and learn what shall be expected of him in such a, capacity and to det5rmine the relationShip\ofhiS proposed subdivision with the Policy or Land Use Plan for the affected area. At ,least 23 days Prior to this meeting, or at subsequent informal with the, Planning, Commission the ¡ sUb;ider-developer shall¡submit,15 copies ofa general. sketch plan of the proposed subdivision and preli inary proposals for essential services. The sketch plan shall be presented' in simple form showing any ~oning changes w~ich r-'0uld berequired,and showing that consideration has been given to existing. ~mrty fadlniesthat 1U1d se~e It, to ne~hbori~~~iv~lons and developmem, to the. to~æ~s ¡ of th, area, and to plans fo the area. The City Administrator shall distribute copies of the sketch plan to I all in erested,City officialsfrr review and comment prior to the meeting. ¡ The subdivider-dev~loper is urged to avail, himself of the advice and assistance of the Planning com~ ission and staff at this point in order to save time and effort and facilitate the approval of the preli, ¡nary plat. \ ] I. · . . . ¡ Such sketch plans wUl be cansidered as submitted for informal and confidential disc'ssion be.tween the dbwloper and theC¡ty~Submission"ofasketchpian shall not constitute foRllæ filing of a />JaI witþ tile City.. The City shall arrange a _pticatioø meeting wíIÞ tke ¡ devel ,per, the CityEngin~er,PublicWol'k:s Staff" City Planner and other departme.nts are deemed nece, sary in order to. provfde the developer with input on the proposed sketch pian. ,The Planning Com, lission andCityCo~ncil mayaiso, review the sketch plan and provide advice. Any advice, com~ents or recommendations for mo.dificationsmade,by the City,orthe Planning Cammission j are advisory only and shall ,notconstiWte approval ora commitment to approve. \ As far as may be ~ ,m the basis of a ..- plan, tke City will infOnnaIIy _ the I- deve'øperas, promptly as possibieofthE!extent towàiCh the proposed subdivision conforms to the de ¡gn standards of this. Ordinance and will discuss possible plan modifications necessary to' City of t.Joseph Subdivision oJdinance .2003' ' , Page 19 of 19 \ secure conformance. ¡ GHOST PLAT: · I A. A build out plan (ghost plat) shall be required for the following subdivision applications: I i. Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots or outlots that may eventually be subdivided into smaller lots. 2. Whenever a developer or property owner is platting only a portion of the property ¡ in which, they have title to or a legal interest in and the balance of the unplatted I property is adjacent to the subject property, a build out plan of the entire area shail i , be submitted. ! ¡ 3. Cluster subdivisions or open space design subdivisions that preserve open space I for future development. I 8. Design Requirements: The build out plan (ghost plat) shall illustrate the following: 1. Lot design consistent with the long term planning for the area (Comprehensive Plan). ¡ 2. The layout of future streets. Local streets shall be planned to provide street connections to adjoining parcels, neighborhoods, or future development open spaces as a means of discouraging the reliance on j County and State roads for local trips. 3. Easement locatìons for utilities and storm water drainage. ¡ 4. Locations of building' pads on the lots to accommodate future · subdivision. \ The build out plan may be required to provide information demonstrating how public utilities may be extended to the subdivision to accommodate future urban development. ¡ Subd. 2: PreliminalV Plat Approval. a) There will be required a cash fee in an amount established by City Council Resolution. Ordinance. This fee will be used for expenses in connection with approval or disapproval ¡ of said plat and any final plat which may thereafter be submitted. b) The subdivider-developer shall engage a qualified land planner, registered land surveyor, ! or engineer to prepare a preliminary plat of the area to be subdivided. c) Subdivider-developer shall review proposed utility easements with utility companies and submit letters thereof from each company. ! d) The subdivider-developer shall submit sixteen copies of the Preliminary Plat to the I Administrator at least 14 days prior to the public hearing considering the Preliminary Plat. I The subdivider-developer shall include a written statement along with the Preliminary Plat describing the proposed subdivision. The written statement shall include the anticipated development schedule, a table showing total number of lots and sizes. utilization of existing natural features and vegetation, etc. j e) The Administrator shall submit copies of the Preliminary Plat to the Planning Commission, one copy to the City Engineer. one copy to the City Attorney, one copy to · j the City Council, one copy to the City Building Inspector, one copy to the County Engineer if the plat borders a county road and one copy to the District Engineer of the City of St. Joseph Subdivision Ordinance 2003 Page 20 of 20 ¡ I I I I I I I I Minnesota ,Highway Department if the plat borders a Fedèral, State or é! State Aid . Highway. · \1 f) All agencies; persons or bodies receiving copies of the Preliminary Plat shall transmit a report of th1eir reaction together with any supporting materialto the Planning Commission at least on~ 'Neek prior to the meeting preferably at least one week prior to the meeting ,a~ which such Plat is to be considered, but no later than 60 days upon ¡ receipt. jhe subdivider-developer shall be, required to pay the cost of such services. g) The Planning Commission may require qualified,technica,' and staff services such as , ... . I . :.. :.. ..... ...... .. . I economic, rngineering and legal review ofthe Preliminary Platandadvise on its I suitability regarding general planning; conformity with plans of other private and public , organizations and agencies; adequacy of proposed water supply, sewage disposal, i drainage a~d flood control, special assessl11ent procedures and other features. The \ SUbdivider-reveloper may be required to pay the cost of such services. h) The Planniqg Commission shall hold a public hearing on the Preliminary Plat within 45 ¡ days of its filing date and .the Administratorwill publish notice of th~ time and place I thereof in t~eofficial newspaper and send notice to property owners within 350 feet of the exterior boundary ofthe proposed plat.. In addition, the developer shall submit to the City ¡ Administrato" r the names and a, ddresses O"f said property owners; Notices will be ma, de at least ten (10) days prior to the day of such hearing. Faiture ota property owner to receive said noticesha'lnot'invalidateany snch'proceedingsas set forth within this Section provided.a bona fide attempt has been made to ,comply with the notice ¡ requireme1s of this Section. A Planning Commission meet,ing may serve as a public hearing profded the legal requirements pertaining to the same are met. i) At the public hearing, the subdivider-developer and all interested persons have the ! . opportunity 10 be heard.· The Commission shall then prepare a report recommending approval, di~approval, or approval with conditions and submit it to the City Council along with a copy being sent to the subdivider-developer within 14 days of the public hearing. ¡The SUbd, iVid,: er-developer may proceed with the final plat upon approval by the City Council. \ 'I j) Upon rec,eipof the recomm, end, ation of the Plan, n,ing co, rrimission, the C,ity Council, shall consider the application and, after holding such public hearings as it deems desirable, shall approve or disapprove the application with such changes or conditions, if any, as it may deem a'ppropriate. ¡ The Planni~.,' 9 COl1}mission, at the public hearing,shaU recommend to the City Council one of the foUowing courses of action: ' 1. APp~ova'ofthepreliminaryPiat,as presented. ! 2. Approval of the preliminary plat, with conditions. 3.0ema' of the preliminary pfat, with ,reasons. t The PlanniJg Commission may, at its discretion and with the approval of the I apPlicant,~b'ethematterpendingfurther informationfromtheappficant that will help it render a recommendation to the City Council , I ," , I Prior to consideration of the Preliminary Plat by the City C()uncil, the subdivider- ) developer shall submit an additional five copies of the Preliminary Plat for Council review at least 7 days prior to Council consideration. I k. City Council Acti~n: I . 1. The rep~rtsandrecommendationsofC¡ty staff and the Planning Commission , shall be ~mteted in and made part of the, permanent written record, of the City City of St. Joseph Subdivision Ordinance 2003 Page 21' of 21 I , , , i I , I I I I I i Council meeting. i · 2. The Council shall approve or disapprove the preliminary piat within sixty (GO) days following delivery of an application completed in compliance with this Ordinance unless an extension of the review period has been agreed upon by the applicant and the City. i 3. if the preliminary plat is not approved by the City Councii, the reasons for such ! action shail be recorded in the proceedings of the Council and shall be transmitted to the applicant. if the preliminary plat is approved, suchapprovai I shall not constitute final acceptance of the design and layout. Subsequent I ! approval will be required of the engineering proposals and other features and requirements as specified by this Ordinance to be indicated on the final plat. \ The City Council may impose such conditions and restrictions as it deems 1 appropriate or require such revisions or modifications in the preliminary plat or final plat as it deems necessary to protectthe health, safety, comfort, general welfare and convenience of the City. I 4. The City Council reserves the right to decline approval of a preliminary plat if due regard is not shown for the preservation of all natural features, such as ¡ topography, trees, water courses, scenic points, prehistoric and historical spots, and similar community assets which, if preserved, will add I attractiveness and stability to the proposed development of the property. 5. FolI~wing City Council approval of a preliminary plat, the applicant must submit a final plat to the City within one hundred twenty (120)' days of preliminary approval unless otherwise specified as part of a Development I Agreement. If this procedure is not followed, then approval of the preliminary · plat shall be considered void, unless the applicant submits a request for time extension in writing thirty (30) days prior to the lapse of approval and subsequently approved by the City Council. I 1 6. Should the applicant desire to amend a preliminary plat as approved, an ) amended preliminary plat may be submitted. The City may require the applicant ¡ to follow the same procedure as a new preliminary plat. No public hearing will be required unless the amendment, in the opinion of the City Council, is of such scope as to constitute a new preliminary plat. A filing fee as established by the City shall be charged for the amendment processing. I k) In case the Plat is disapproved, the subdivider-developer shall be notified of the reason ¡ for such action and what requirements will be necessary to meetthe approval of the Planning Commission or City Council. The approval of the Preliminary Plat does not constitute an acceptance of the subdivision, but is deemed to be an authorization to proceed with the preparation of the final plat. This approval of the Preliminary Platshall j be effective for a period of one year, unless an extension is granted by the City Council. If the final plat has not been submitted for approval within this period, a Preliminary Plat must again be submitted to the Planning Commission and the City Council for approval. ¡ I) The City may require an escrow deposit for a subdivision for the purpose of technical and legal review of the proposed plat. The amount of said escrow deposit is to be determined by the Planning Commission based upon anticipated cost of review. Such escrow j deposit when required will be over and above the fee required in 54.06.02 of this Ordinance. Escrow amounts indicated may not limit the City's analysis of the proposed plat, nor the subdivider-developers liability to pay for each technical or legal review. · Subd. 3: Preliminary Plat Reauirements. The Preliminary Plat shall contain the following information: j City of S1. Joseph'Subdivision Ordinance_2003 Page 22 of 22 . j I ! ì \ i \ ( a) PfQP1 name 01 subdivision. Names shall not duplicate or too closeiy resemble names ,e of existin subdivisions. j ! Location of boundary lines in relation to section, quarter section or quarter-quarter sectioh Î b) ¡ lines and bny adjacent corporate boundaries, comprising a legal description of the ! I PfQPertY'1 . , Names a d addresses 01 the developer and !he desìgner making the Plat í c) ) d) i Scale of Pi'at, not less than one inch to 100 feet. Scale of plat (the scale to be shown I I graPhiCallrand in feet per inch). ì f) Date and ¡orth point. I .1 g) Date of preparation. I I , h. The lega.1 description of the land, contained within" the subdivision including the I tota'acre~ge, of thepfoposedsubdivision. ¡ i. An indicJtion as to which lands are registered torrens property Of abstract property. "ilf ,land is registered property, a registered land survey shall be required. ' Existillj ar proposed covenants, lieÐs or encumbraMeS. j. ¡ K. Elevation benchmarks· used for the topographic survey and datum on which they are based.11 ¡. I. R:efer~nce¡to the coordinate system use for the survey . Results 0t¡œ evaluation, including pen:o/ation tests and soil borings. m. ¡ f) Existing' conditions. ¡ 1. BoundJry lines to include bearings, distances, curve data, and total acreage of propos~dp'at,deadyindicated. ¡ 2. E¡<istint zuning Classifications for land in and abutting lI1e subdivisJon. 3. Tota'ar,eaof the proposed plat. ! (1) Locatio~, width and name of each existing or plattedstreetor other publicway, railroad andlutilityright~of-ways, public and private easements, parks and other public open spaces, and permanent buildings, within and adjacentto the proposed subdivision. Where a stréet is improved"the location, type, and width of the improved section shall be ¡ shown. I (2) All eJdstiF utilities, both ovemead and underg",und withi.. and adjacent 10 !he plat \ -- Sanitary sewers, stormsewers and culverts, including manhole invert and top casting elevations,c~lvert entrance and outlet elevations, and pipe sizes and locations. Water mains including hydrant locations and pipe sizes. ! . I ~- Overhead ~nd underground electrical, telephone,·and gas lines. Manholes, pedestals, ¡- and similar arurtenances shall be shown. City of t. Joseph Subdivision o~diriance 2003 Page 23 of 23 ! ì (3) Names of adjacent subdivisions and owners of adjacent parcels of unsubdivided ¡ land, within 150 feet, including all contiguous land owned or controlled by the · applicant. (4) Topography with contour intervals of not more than two feet related to USGS Datum. Topographic maps developed from aerial topography shall be verified with spot i elevations taken in the field; a minimum of four spot elevations taken at the outer limits of i the plat (four comers) shall be required along with one additional elevation for each five I acres of area to be covered by the plat. Topography shall include the location and limits I of water courses, marshes, low wet areas, drainage ways, bodies of open water including I the highest known water level, ravines, quarries, bridges, culverts and other surface í i structures, wooden areas, rock out crops, and other natural features as may be pertinent to the subdivision. I I The City may require additional topographic data on the area to be platted or on I surrounding properties where necessary to properly evaluate drainage considerations. I 5. Subsurface conditions on tracts for subdivisions utilizing individual water and I sewage disposal systems; location and results of tests to ascertain subsurface J soil, rock and groundwater conditions and availability; location and results of soil I percolation tests. i ) 6. 100-year flood elevations, the regulatory flood protection, and boundaries of floodway and flood fñnge areas, if known, taking into consideration the Flood ¡ Hazard Boundary Map or Flood Insurance Study and Flood Insurance Rate Map. 7. A statement certifying the environmental condition of the site including the I Optional presence of any hazardous substance as defined in Minnesotã Statutes 115B.02, - strict Subd. 8. Such statement may be required to be based upon an environmental · ! require- assessment of the site by an environmental engineeñng firm acceptable to the ments City. j 8. Geotechnical data prepared by a qualified soils engineer showing surface and ¡ subsuñace soils and groundwater in sufficient detail to show the site to be ¡ suitable for the development proposed. 9. In shoreland overlay districts as indicated in the City's zoning ordinance, extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, ) including depths, types of bottom sediments and aquatic vegetation. 10. All existing survey monuments that have been found. ¡ 11. Areas in the plat which have been designated 'as shoretand, wetlands and/or floodplains by the Department of Natural Resources and the City of St. Joseph's Shoreland Overlay Distñctas setforth within the City's zoning ordinance, including j the high water mark of all wetlands. g) Proposed Development. ¡ (1) The location and width of proposed streets, roadways, alleys, pedestrian ways and easements. I (2) The location and character of all proposed public utility lines including gas lines, power lines and telephone lines. ¡ (3) Layout numbers and approximate dimensions of lots and a number or letter of · each block. City of St. Joseph Subdivision Ordinance 2003 Page 24 of 24 j I i I I LoLi?n and size of proposed park$, playgrounds, churches,or school siles or I . (4) other special uses of land to be considered for dedication to public use, or to be , reserved by deed of covenant for the use of all property owners in the subdivision ant any conditions or such dedication or reservation. , (5) Building set-back lines with dimensions. I I I ¡ (6) Indication of any lots on which use other than residential is proposed by the I su~divider. I ! I (7) The zoning districts, if any, on and adjacent to the tract. I ¡ j f8} BUi,lding pads intended for construction. SUPPleme!ry Requirements. TWo copies of each of Ihefolluw"'9 submittals shall ¡ h) accompanYlthe Preliminary Plat. J i (1) Plah and profile sheets showing the layout of each, street, the existing centerline ! surface grades, propo~ed centerline grades including gradients. PVllocations and! elevations, and length of vertical curves. Existing grades may be developed from the topographic map. , ] (2) Typical sections for each different streettype. Sections shall show the width of the ~aved surface (distance between gutter lines whe~e concrete curb and gutter is tOi be provided), street crown, boulevard wìdth a~d slope in cut and fill sections, ¡ and\back slopes in cut and fill sections. The full section shall show grading to I. eac~ property line. ' 'i (3) A"&ainage and utility plan" showing the approximate location and proposed size j , of sanitary sewers, water mains, and facilities for handling surface runoff (storm sewers, detention or retention facilities, ditches or,$wayles, culverts, etc.). The plantshall be drawn on a reproducible copy (mylar) of the Preliminary Plat j complete with all topographic information. Proposed manhole inverts shall be shown for sanitary and storm sewers along with the invert. elevations of culvert entrånces and outlets. If a lift station is contemplated for the sanitary sewer J system, the service area shall be deJil1eated on a vicinity map provided sepairately or inset on the plat. Where detention, or retention facilities are contemplated, their location and approximate size shall be shown on the plan; before the final plat is accepted, a detailed preliminary design must be provided I for t~e ponds or basin as set forth elsewhere herein. J I i (4) A vicinit~ map at a legible scale (one inch equals 1 ,000 feet or larger) shall be j provided ¡separately or inset on the Preliminary Plat. The map shall show the surrounding area within one-half mile of the proposed plat in all directions, shall show the arterikl and collector streets near the proposed plat, and shall show utility connectiqns too remote to be shown on the Preliminary Plat. ! (S) The applicant shall supply proof of title and the legal description of the property] for which the subdivision is requested, consisting of an 'abstract of I title ,orregisteœdpropeftyabstractcurre.nflycertifiedtogether with any , unrecor~ed documents whereby the petitioners acquire a ,Iegalowoership or equitabfe,ownership interest and as appficabfe, supply documented . authorization. from the, owner(s) of the property ÎI'1 question to proceed"with the fe,questedsubdivision. I City of S .. Joseph S!,.Ibdivision Ordinance 2003 Page 25 of 25 i I , , I (6) Landscape plan. I (7) The location of any wetlands lying within the proposed plat. . I ( 8) The applicant shall submit any necessaf'J and requested applications for variances from the provisions of this Ordinance and the St. Joseph Zoning Ordinance as set forth in Section XXX}{ oUhis the St. Joseph Zoning Ordinance. ; I 9) Additional data may be required when, in the opinion of the City, it is necessary to I make a proper determination of site suitability for the type of development intended, ¡ or when the City or property owners outside of the area to be platted may incur costs I for improvements generated by development. Such additional data may include, but j not be limited to: soil surveys and borings, water table determinations, location of flood plain or flood fringe areas, additional drainage analyses, estimates of costs for proposed improvements, and other data as the City may require. I 10) The preliminary plat shall be considered as being officially submitted only I when all of the information requirements are complied with and the appropriate fees paid. ) Subd. 4: Final Plat Approval. ¡ a) The owner shall engage a registered land surveyor to prepare a Final Plat which shall constitute that portion of the Preliminary Plat which the owners propose to record, and develop at the time. The scale of the Final Plat shall be not less than j one inch to 100 feet. - b) The owner shalt submit sixteen or more copies of the Final Plat to the City . Administrator at least (16) days before the Planning Commission meeting at which \ such Plat is to be considered. Such Final Plat shall be submitted within one year I of Preliminary Plat approval;, otherwise such approval shall become null and void. The owner shall also submit a title opinion disclosing title to the property and any j interests of other parties in the property. j c) The Administrator shall transmit one copy of the Final Plat to each member of the Planning ,Commission, one copy to the City Engineer and one copy to the City j Attorney, for comment~ d) The City Engineer and City Attorney,shall review the Final Plat and shall transmit a ) report of his opinions to all Planning Commission members at least one week prior ¡ to the meeting at which such Plat is to be considered. e) The Planning Commission shail study the Final Plat, considering the reports of the ¡ City Engineer, City Attorney, and other departments and/or employees and then shall transmit its action to the City Council within thirty (30) days after submittal to the City Administ(ator. I f) The City Council shall act upon the Final Plat within thirty (30) days of Planning I j Commission approval, whereupon the Administrator shall notify the owner of the City Council's action. ¡ g) The owner shall file the approved Final Plat with the County Recorder within sixty (60) days of Final Plat approval, otherwise such approval shall be considered null . I and void. A certified my,lar copy of the plat evidencing filing of the plat with the 1 County within sixty (60) days after approval by the City. No building permits shall' ¡ City of St. Joseph Subdivision Ordinance 2003 Page 26 of 26 j ! I ¡ ¡ i I I I I \ I ! I be approved for c,onstructionofany structure on any lot in said plat until the City I,' . . ., ',,"'., ", ".','" , "''1 '. has receivßd evidence of thepiat being recorded by Stearns County. in addition .to the above requirements, the owner shall trIe with the City Administrator four I full-sizedtompietelyexecuted myiarofthe Final Plat, two fuil-sizedblue ffne I ¡;opies of the Final Plat, and one reduced mylar and layout ata size I t oteievenTches by severneeninches{11" I Subd. 5: Final PlatiReQuirements. The Final Plat shall contain the following information: I ! a) The Final Plat prepared for recording purposes shall be prepared in, accordance with I provisions of state statutes 'and county regulations. I , Name of subdivision <not to duplicate or too closely approximate the name of any existing b) I subdivision). c) Location bylsection, township, range, county and state, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear I dimensions !which must mathematically close. The allowable error of closure on any portion of a ¡Final Plat shall be one foot in five thousand feet. , 1 d) The locatio~of monuments shall be sh{)wn and describedon the Final Plat. Locations of such monurrents shall be shown in reference to existing. official monuments or the nearest established street lines, including true angles and distances to such reference , points or mQf'luments. Permanent markers shall be placed at each corner of every block or portion o~ a block, points of curvature and points of tangency on street lines, and at eaph angle point on the boundary of the subdivision. A permanent marker shall be deemed tobea steel rod or pipe, one-half inch or larger in diameter extending at least ¡. three feet below the finished grade. In situations where conditions prohibit the placing of markers in the locations prescribed above, off-set markers will be permitted. The exact location,of a,lI markers shall be shown on the Final Plat, together with accurate interior angles, bea~ings and distances. Permanent monuments shall be placed at all quarter I section' points within the subdivision or on its perimeter. I e) Location of Ipts, streets, public highways, alleys, parks and other features, with accurate 1 dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, , and with all'other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points and points of curve to lot lines. ! I 1) Lots shall b~ numbered clearly and legibly. If blocks are to be numbered or lettered, these should be shown clearly in the center of the block. A tabulation showing the !.. ... computed a~ea In square feet of each lot, outlot, and park area shall be shown on the j plat.' I I g) The exact. locations, widths, and names of all streets to be dedicated. ¡ 1 h) Location and: width of all easements to be dedicated. i) Boundary linês ,and description. of boundary lines of any areas other than streets and ) alleys which are to be dedicated or reserved for public use. i j) Building set-back lines on . front and side streets with dimensions. I ¡ k) Name anda~dressof developer and ,surveyor making the Plat. i I) Scale of Plat ¡<the scale to be shown graphically and in feet per inch) date and· north pOint. ,. City of t. Joseph Subdivision O~dinance 2003 Page 27 of27 i J , i , ! ¡ I ) m) Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the . strips marked "utility easements," "drainage easements," or "drainage and utility i easements. " I n) Statement dedicating all streets, alleys and other public areas not previously dedicated I as follows: Streets, alleys and other public areas shown on this Plat and not heretofore dedicated to public use are hereby so dedicated. 0) Statement establishing building set-back, lines as follows: Building set-back lines are I hereby established as shown on the accompanying plat and no building or portion thereof shall be built between this line and a street line. I p) Certification required on Final Plats. I (1) Notarized and certification by a registered land surveyor, to the effect that the Plat represents a survey made by him and that monuments and markers shown I thereon exist as located and that all dimensional and geodetic details are tracted. j (2) Certification showing that alltaxes and special assessments due on the property I have been paid in full. (3) Space for Certificates of Approval to be filled in by the signatures of the Chairman of the Planning Commission and the Mayor and Administrator of the ) City Council. The form of approval by the Planning Commission is as follows: Approved by the Planning Commission of the City of S1. Joseph this _ day of , 20_ - ) . Chairman ATTEST: j Secretary I The form of approval by the City Council is as follows: Approved by the City Council of S1. Joseph, Minnesota, this _ day of ,4-92o_. 1 ¡ Mayor ATTEST: I City Administrator I q) Supplementary documents and information. (1) Copies of any private restrictions affecting the subdivision or any part thereof. ) (2) Developers Agreement covering proposed improvements. (3) A preliminary design shall be submitted for any storm - water detention basin or j pond contemplated in the subdivision. The submittal shall include the design . criteria used, a watershed map, approximate size of inlet and outlet pipes, City of St.,Joseph Subdivision Ordinance 2003 Page 28 of 28 ¡ I I I , I vol~me of water to be stored, normal ground and water elevation and enough ,. typical sections to enable the City to determine what the facility will look like, what the effect on adjacent property will be and to insure that enough land has I beén set aside. ReLse street, utility and drainage layout. (4) I I J (5) Firiancialgúarantee of cash escrow or le'f;ter of credit, as provided for in Sechion XXXX of this Ordinance. I i 6. A9omptete. set of construction plans containing plans and specifications to I'!on~truct the required pubtic improvements and to make the subdivision sUi~ble,for development, wbich · ,conform to the City requirements. These I documents will be prepared by the City for projects foUowingthe publicly nn~nced public improvement process. I I 7. Three, complete. sets of 11" x 11" reproducible as-built construction ) dra~ingsfor any public improvements constructed in tbesubdivisionshall be furnished to the C,ity for the City files and City Engineer, within one hurtdred and twenty (120) days after the, construction is'complete' and ¡ ap~roved by the City. In addition one digital GISf,orm~tted copy and one scanned copy for imaging shall be submitted totheCity~ I 8. Upqn adoption and, filing of a ,final (3lat, ,the City shall prepare a street ) address map and distribute ,it to the applicant, utility companies, police dep1artment, ambulance, fire department, post office and County. , - ¡. 9. A ~iskoftherecordedplat in AutoCaddorotherapproved format for inclusion in the City's base map. \ I Section 54.7: MINIMUM DESIGN STANDARDS. I I Subd. 1: General Standards. ¡ ¡ a) Design standards shall assure that the layout of the subdivision is in harmony with the existing ado~ted plans affecting the development of its surroundings and shall be in harmony wit existing development unless the proposed development is part of a larger I ¡ redevelopment plan. I b) Land which the Planning Commission finds to be unsuitable for a subdivision or a j development due to flooding, improper drainage, steep slòpes, rock formations, adverse earth formations or topography, utility easements, or other features Which will reasonably be harmful ,to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided, or developed j unless adeq~atemethods are formulated by the subdivider-developer and approved by the Planning I Commission and City Council to solve the problems created by the , unsuitable lard conditions. Such land shall be set aside for uses as shall not involve ¡ such a dangE(r. i c) AU subdivisions are to be laid out in such manner that all lots or building sites make optimum use: of a south-facing exposure such that solar heating and cooling is not ! eliminl:Jted as a result of subdivision layout. Do you wish to retain this???? , , . d) The rigid rec~angular grid iron street' pattern need not necessarily be adhered to, ,and the useofcurvilirear streets and U-shaped streets, typical of cluster type subdivision layout , , City of t. Joseph Subdivision O~dinance 2003 Page 29 of 29 I I I I I I I I shall bè enèo~¡'aged where such use will result in a more desirable and efficient use of I the land. · I e) In subdivision of land, due regard shall be shown for all natural features which, if ¡ preserved, will add attractiveness and stability to the proposed development and which shall alter normal lot planning. Due regard shall be shown for existing wetlands and their I protection. The size of proposed lots shall take into consideration setback requirements I established by the S1. Joseph Zoning Ordinance with regard to wetlands Subd. 2: Blocks. I I a) Block Length - in general, intersecting streets, determining block lengths, shall be provided at such intervals as to serve cross-traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions shall normally not exceed 1,300 feet in length nor be less than 300 feet in length, except where topography or other conditions justify a departure from this maximum. In blocks longer than 800 feet, pedestrian ways and/or easements through the block may be \ required near the center of the block. Blocks for business or industrial use should normally not exceed 600 feet in length. b) Block width - the width of the block shall normally be sufficient to allow two tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. ! Subd. 3: Streets and Allevs. I a) Arrangements of Arterials and Collectors. The arrangement of arterial and collector · streets shall conform as nearly as possible to the St. Joseph Comprehensive Plan.' Except for cul-de-sacs, streets normally shall connect with streets already dedicated and adjoining or adjacent subdivisions, or provide for future conneètions to adjoining ¡ unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of arterial and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to run-off j of storm water, to public convenience and safety and in their appropriate relation to the proposed uses of the area to be served. b) Arrangement of Local Streets., Local streets should be so planned as to discourage their I use by non-local traffic. Dead end streets are prohibited, but cul-de-sacs will be permitted ) where topography or other conditions justify their use. Jogs at intersections shall be avoided wherever possible. ¡ c) Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative' plan of a proposed future street system for the unsubdivided portions shall be prepared, and submitted by the subdivider. A temporary I tum-around facility shall be provided at the closed end, in conformance with cul- de-sac size requirements. ! d) Out Lots and Oversized Lots. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and opening of future streets and appropriate subdivision, with provision for adequate utility connections for such re-subdivision. ) e) Intersections. Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify · variations. j City of St. Joseph Subdivision Ordinance 2003 Page 30 of 30 I J I I ¡ I f) AmmQemjnt of FrontageRoads. Whereverthe proposed subdivision contains or is adjacent t the right-of..wayof a railroad or a limited access arterial, provision shall be ,. made for ~,frontage road adjacent to and more or less parallel with' said right-of-way, or ¡ for astree~ at a distance suitable for the appropriate use of land between the street and said right-öf-way. The frontage road shall be designed with'due consideration for outer pavement þeparation, traffic storage at cross streets, and approach connections to future I grade separations. I g) Arrangem~nt of Alleys. Alleys shall be provided in commercial and industrial districts, I excepUha~ thisrequirement may be waived where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent I with and ' a~equate for the, uses proposed. Except where justified by special conditions; , such as thi continuation of an existing alley in the same block, alleys will not be I approved in residential districts. Dead end alleys shall be avoided wherever possible, but ¡ if unavoidaþle, such dead end alleys may be approved if adequate turn around facilities are, provided at the closed end. ' ) h) Hoff Sire,. Dedication of half streels will not be allowed. i) General D~Sign Standards. The following design standards shall be observed as j minimum (1 quirements. Where in the opinion of the Planning Commission sound engineering judgment dictates more stringent requirements in a given situation, the minimum requirements shall be adjusted accordingly. I , ' I (1) Right-of-Way - Urban Design: Where the streets in a proposed subdivision are to ' be tonstructed ,as an Urban Design, the fOllowing minimum right-of-way I dimiensions shall be observed: ¡. Street Feet ReQuired pri~ciPal Arterial Special Design I Minor Arterial 100 ColI~ctor 80 Local 66 j Frontage 50 Alley , 20 Pedestrian Way 10 I (2)Ri9ht,"of~Way - Rural Design: Where the streets in a proposed subdivision are to be constructed ~sa Rural Design, the following minimum right-of-way dimensions shall be observed: Additional right-of-wayandroadwaywidtbs may be required by the ' j Council top,romote public safety and convenience when spe'Cia,1 conditions require it~1 ,'.,'. ", ¡ Feet ReQuired Street Paved Riaht-of-Wav ¡ prinbiPal Arterial Special Design Special Design Minqr Arterial 100 44 ColI~ctor 80 44- Local 80 32 or 36 Frontage 50 24 ' AlleYI ,,' 20 16 ¡ Pedestrian Way. 10 (3) cul-de-sacs: Cul-de-sacs shall normally not b'e lònger than 500 feet measured ,. along the street centerline from the intersection of origin to the center point of I City of t. Joseph Subdivision O~dinance 2003 ' Page 31 of 31 \ , I I the turn-around. The turn-around shall have a minimum curb radius of 50 feet and a minimum right-of-way radius of 60 feet. . I Private streets shall be prohibited and no public improvements shall be I approved for any private street. All streets shall be dedicated for public use. if any person applies to subdivide or replat any land or parceis adjoining an existing private street, the private street shail be required to be dedicated for pUblic use and scheduied for improvement to public street standards at the time of final plat. i (4) Intersections: The minimum angle of intersection of streets shall be 80 degrees. I Street intersection jogs with an off-set of less than 125 feet shall be prohibited. ¡ (5) Street Grades: The grades on streets in the proposed subdivision shall fall within the following range: I Street Minimum Maximum j Principal Arterial 0.04% 5% Minor Arterial 0.04% 5% I Collector 0.04% 8% Local 0.04% 8% Frontage 0.04% 8% Alley 0.04% 8% 1 Pedestrian Way 0.04% 5% ¡ Street grades exceeding 2% will not be allowed within a distance of 50 feet from the near curb line or pavement èdge of any intersection. - I (6) Horizontal Radii: Where existing buildings do not restrict site distance and design . speed is 30 miles per hour or less, the following minimums for centerline radius shall ¡ apply: Street Minimum ¡ Principal Arterial Special Design Minor Arterial Speciál Design Collector 375 j Local 200 Frontage 200 ! Centerline radii design considerations for all arterials and for other streets where design speeds exceed 30 miles per hour shall include proper site distance and superelevation. [l) Vertical Curves: Vertical Curves shall be designed based on proper site distance. In ¡ no case will centerline vertical curves shorter than 50 feet be allowed. (8) Storm Sewers, Culverts, Ditches: Storm sewers, culverts and ditches shall be designed to accommodate at least a three year frequency storm. At low points in the I collection system or where damage potential warrants, the design frequency shall be I ) increased as necessary. ¡ (9) Detention or Retention Facilities: Detention ponds or basins shall, as a minimum, be designed to accornodate the critical duration 100 year frequency rainfall event. Retention ponds or basins shall, as a minimum, be designed to accomodate the critical duration 100 year runoff event whether it be from rainfall, snowmelt, or a combination thereof. All . ponds or basins shall have a one foot freeboard located entirely within the outlot set City of St. Joseph Subdivision Ordinance 2003 Page 32 of 32 ¡ , I I ! aside for the pond or basin. Where additional protection is warranted, the above . frequencies or freeboard shall be increased as the Engineer designing the facilities deems necessary. ! ' Irregula~ shapes for ponds or basins are desirable and encouraged. Basin bottoms shall have at least a 2% slope to the outlet. Pond or basin side slopes shall not be steeper ! than 6:1 (six horizontal to one vertical) except that slopes adjacent to permanent standing , water shall not be steeper than 1 0: 1 (ten horizontaLto one vertical) for a minimum I distance\ of 20 feet from the edge of the standing water. Ponds or basins deeper than six feet (det?th to dry bottom or permanent standing water) shall be terraced with 20 foot wide surfaces no steeper than 10:1 (ten horizontal to one vertical). A 20 foot access I easeme* shall be provided from a near street to the pond area for maintenance i purposes. Ponds shall have a normal water depth otat least 4 feet and shall have enough surface area to ensure good water quality year round. , I j)AII pro~ed streets shall be, offered for dedication as public streets. NfJ private I . streets Will be allowed. ¡ k) Street In1ersectionOffsets: Street Intersection jogs with centerline offsets of less . lbantwo!htmtIIed (2O&lfoet shaH beproh-.In!Jenera~ provisions shan be made at intervals not ex;ceedingone-half(112) mile for through streets (streets running throug.h the subdivision in a fairly direct manner). Where any street ¡intersection wiflinvolveearth banks or existing vegetation inside aylot comer that would create, a traffic hazard by limiting visibility. thé developer shan cut such groundand/orvegeta1jon (including . trees) in connection with the grading of the j public right-of-way to the extent deemed necessary to provide an adequate sight I I) ::;:t, bdiV,'.isionabu, 1$ or contains anexiSlÏn!l "!-' of ¡..-q- -, .' sufficient!radditional width shall be provided to meet thestan,dardsof this Ordinance. I'm) Restriction of Access: Access oflocalstreetsomoarte" rial and . conector streets shaff be discouraged at intervals of less than five hundred (500) feet. I n) Curb and Gutter: AU urban streets, and all streets in commercial and industrial j areas, shall, have curb and gutter in compliance with established City standard detailplatès. I , ¡ Stre t Designation: StrJ~ts shalt be 'desi,gna.ted 'pursuant to established' City standards in com liance with these~ndardsandasapproved by theCityCouncit ThefoUowing poJicies may be gneraUy applied when designating awkward street and avenue configurations: . r I I 1.Cul...<fe-sacs"leSs thantbree hundred (300) feet snaUassume the designation of the \ street or avenJe they abut. ' . I 2. Loops." öe\d,es, ignatedinamannerconsistent with the surrounding area; however, short loops Sh~11 be designated with the desc.rìptiveterm "circle". , 3. Names ,of new ¡¡streets ishaU not dupUcate, existing or platted >street names, unless a I new stre, et is a ., continuation of, or in alignment Vi'itb, the existing Of platted street. In J that event. it shall bear the same name oftheexisting or platted street.<Street names sball conform to the City's street naming and property numbering system as ¡ applicable. Street I in Flood Ha,zard ArEfas: No ,street shan be approved if its finafsurface ¡slower than two (2) . feet~lowtheregulatoryflpodprotectionelevation.TheCityCouncil may require profiles and I, . elevations of finished stree~s,for areas subject to flooding,., Fin may be, used for streets. provided City of ~t. Joseph Subdivision O~dinance 2003 page 33 of 33 \ , I ! I I such fill does not unduly increase flood heights and provided any such fill would not result in a stage increase violating the requirements of Minnesota Statutes Chapters 104 and 105, as such . chapters may be amended, supplemented, or replaced from time to time, and any applicable requirements imposed by FEMA pursuant to its rules and regulations. Drainage openings shall not restrict the flow of water so as to unduly increase flood heights and provided any such drainage opening wouìd not violate the requirements of Minnesota Statutes Chapters 104 and 105, as such chapters may be amended, supplemented, or replaced from time to time, and any applicable requirements imposed by FENlA pursuant to its rules and regulations. Subd. 4: Lots. a) Size and Dimension. The minimum width of a lot for residential development shall be 75 feet for a rectangular lot and not less than 75 feet at the front building set-back line for I lots whose side lines are radial to the curved streets, except in unusual situations. The I minimum depth of a lot for residential development shall be 125 feet for a rectangular lot and not less than 125 feet at the center of the lot for lots whose front lines are radial to the curved streets, except in unusual situations. In no case shall a lot in a residential , district contain less than 11,000 square feet in a R-1 Zone. I I b) Corner Lots. Corner Lots for residential use shall have sufficient width to permit ! appropriate building set back from both streets and be a minimum 15 feet wider than the required minimum lot width for the respective zoning district. c) Side Lines. Side lines of lots shall ,be approximately at right angles to street lines or ¡ radial to curved street lines. Double Frontage Lots. Double frontage lots shall be avoided except where lots back on a d) I thoroughfare or other arterial streets, or where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall have an additional . depth of at least 20 feet in order to allow space for screen planting along the back lot line. I e) Required Frontage. Every lot must have at least the minimum required frontage on a public dedicated street other than an alley. j f) Building Lines. Set-back or building lines shall be shown on all lots intended for residential use and shall not be less than the set-back required by the Zoning Ordinance. On those lots which are intended for business use, the set-back shall be at least that required by the Zoning Ordinance. ¡ g) Natural Features. In the subdivision of land, due regard shall be sho~n for all natural features which, if preserved, will add attractiveness and stability to the proposed ¡ development and which may alter normal lot planning. h) Lots Along Arterial Streets/Railroads. Residential lots shall be separated from highways, arterial streets and railroad right-of-waysby a 15 foot buffer strip, which may be in the ! form of added depth or width of lots backing on or siding on the arterials or railroad right-of-ways. h) Lot Remnants. Lot remnants which are below the minimum lot size must be added to ¡ adjacent or surrounding lots rather than be allowed to remain as an unusable outlot or parcel unless the subdivider-developer can show plans for the future use of such remnant. ¡ i) Controlled Access or Recreational Lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the following standards: ) 1. They must meet the width and size requirements for residential lots, and be . City of St. Joseph Subdivision Ordinance 2003 Page 34 of 34 ! I I ¡ ¡ suitable for the intended uses of controlled access lots. i i~ docking. mooring or over-water storage of more than six (6) watercraft is \. 2. I fo be allowed at a controlled access lot, the width of the lot (keeping the ' I ~ame lot depth) must be increased by the percent of the requirements for, riparian residential lots for each watercraft beyond six, consistent with the \ ' ' , i fpUowing table: ' I ¡ J II Ratio of Lake Size (acres) Required h'¡crease to Shore LenQth (miies) in Frontaae {%} \ Less than 100 25 I I 100-200 ,20 201-300 15 ¡ 301-400 10 More than 400 5 3. They must be jointly owned by aU purchasers of lots in the subdivision or I by aU purchasers of nonriparian lots in the subdivision who are provided I "¡arian access .rights on the access lot; and, '_ l 4. Covenants or other equaUy effective legal instruments must be developed thkit specify which lot owners have authority to use the access lot and what a~tivities are aUowed. The activities may include watercraft launching, loading; storage. beacbing, mooring or docking. They must also include ,¡ other òutdoor recreational activities that do not significantly conflict , general ,public use of the public water ortbe enjoyment of normal property, - rights by adjacent property owners. Examples of the non-significant I. copflictactivities include swimming, sunbathing or picnicking. The corenants must limit the total number of vehicles allowed to be co~tinuously moored. parked or stored over water and must require ¡ ,ceftratizatian of all common facilities and activities in the most suitable 10 ions on the lotto minimize topographic and vegetation alterations. Thby must also require an parking areas, storage buildings and other facilities to be screened by vegetation or topography as much as practical 1 from view from the public water, assuming summer, leaf-on conditions. I ' ' j) Buildable Lots. I Buildable Lots are those,lots that are multiples of the minimum lot. As such building sUes SrUld be ioealed on buildable lots such that at a later date the buildable lot ¡ may be broken nto minimum lots that contain suitable building sites. ' k) Lot pads: The top of the foundation and the garage floor of an structures shall be a ¡ minimum of 12" inches and a maximum of 36" above the grade of the crown of the I street upon which the property fronts. Exceptions to this standard may be approved by the City Amninistratorfor special circumstances such as increased setback, site topography. flqoding potential, septic system operation and the like, provided that j propersitean~ area drainage is maintained and the elevation of the structure is in keeping with t~e character of the area. The City Administrator may require a certificate of survey priorfo buUding permit issuance to assure compliance with this section if lot j pads are not installed as part of the subdivision process. f) Re-SUbdivision\ of lots: When a tract is subdivided into larger than normal building ~ lots or parcels, ~uch lots or parcels shall be so arranged as to permit the logical ! location and op~nings of future streets and appropriate re-subdivision, with provision for adequate utility connections for such re-subdivision. . ' I,' m) Political Boundaries: No singular plat shall extend over political jurisdictional boundaries. \ City of t: Joseph' Subdivision O~ inance 2003 Page 35 of 35 ) ¡ I n) Frontage on Two Streets: Double-frontage, or lots with frontage on two (2) parallel or . , non-intersecting streets shail not be permitted except: i 1. Where lots back on arterial streets or highways; or where topographic or other conditions render subdividing otherwise unreasonable. 2. Such doubie-frontage lots shall have an additionai depth or at leasUen (10) feet ; or a reserve strip shail be created in order 10 allow space for screen planting i I along the rear !ot line. (0) Turn-Around Access: Where proposed residential lots abut a collector street, they shail I be platted in such a manner as to encourage turn-around access and egress on each I lot and discourage direct access onto such streets. I Subd. 5: Easements. I I a) General Requirements: Perpetual Easements shall be provided in such a way as to provide continuity of alignment from block to block. The subdivider shall provide I temporary construction easements where determined necessary by the City. Perpetual I Easements shall be kept free of vegetation or structures which would interfere with the free movement of utility service vehicles. Where easements are provided for city utilities j (sanitary sewer, watermain, storm sewer, and related service connections) or for watercourses, the size of lots on which the easements are placed shall be increased so that minimum dimension and area requirements are met exclusive of the easement areas. Easements shall be provided over natural drainage or ponding areas for I management of stormwater and significant wetlands. b) Utility Companies: Easements for Telephone, Gas, Electric Power, Cable Television, and i related utilities shall be provided where necessary to accomodate the existiñg . subdivision, and to provide for future growth. Easements along side or rear lotlines shall be at least 20 feet wide and shall be centered on the lotlines; where the side or rear lotlines abut the edge of the plat, half of the easement, or 10 feet shall be provided, with ¡ the additional 1 0 feet projected to come from future development of the adjacent land, unless the City determines that the entire 20 foot easement must be provided on the current plat. Where necessary, additional utility easements 10 feet wide shall be ¡ provided adjacent to street rights-of-way. c) City Utilities: Easements for sanitary sewer, watermain, storm sewer, and for related service connections shall be provided as determined necessary by the City. Minimum j easement requirements for a single utility are as follows: Depth of Utility Required Easement Width, ( o - 1 0 feet 20 feet 10 - 15 feet 30 feet 15 - 20 feet 40 feet I Where two or more utilities are to be installed in the same easement area, a determination of width shall be made by the City. ¡ d) Watercourses: When a subdivision is traversed by a watercoruse, ditch, swayle, drainageway, channel, or stream, a drainage easement shall be provided conforming sUbstantially with the lines of such watercourse. The easement shall be of sufficient ¡ width to permit free flow of anticipatedsurfacewater, with additional room required for access by maintenance vehicles. Where determined necessary by the City, additional easement width shall be provided to accomodate surface water anticipated from future . J development adjacent to or otherwise upstream of the current subdivision. City of St. Joseph Subdivision Ordinance 2003 Page 36 of 36 ¡ ì I ¡ r e) Detention pr Retention Facilities: Where the subdivider proposes to use a pond or basin ìe \. .... '" .. ", ...... - to control ftormwater runoff, the following requirements shall be met: , I ! 1. Thearéa containing the pond or basin shall be platted as an outlot and dedicated to I ! the public for drainage purposes. ,The outlot shall include the area necessary to accomodate the anticipated stormwater runoffincluding one foot offreeboard, a 20 foot I wide access easement from a near street, and, such area. as may be determined I necessary Ito provide an emergency overflow to an established outlet. 2.. On 10ts\surroUnding the pond or basin, a drainage easement shall,be provided to I , include all)ot area within one foot of vertical elevation from the edge of the outlot. I ! Section 54.8: REQUIRED IMPROVEMENTS Prior to approval of a Final Plat, the I subd vider-developer shall be required to provide the following improvements for subdivisions unless the City lects to giveapprova\ upon being presented with financial guarantees assetfort~in this section. Subd,. 1: Monume~ts. Steel monuments shall be placed within six inches of final elevation at all ' I bloc 'edcorners, angle points, points of curves in streets and at intermediate pOints as shown on the Final ! Plat. Such installation shall be the subdivider-developer'sexpense and responsibility. All U.S., State, Cou ty or other official ben~h marks, monuments, or triangulation stations in or adjacent to the property , ¡ shall be preserved in precise position. , Subd. 2: ' Street Im~rovements. a) The full width of the right~of-way shall be graded, including the sub-grade of the areas to j be paved, ihaccordance with standards and specificationsJor street construction as approvedbr the City Council. , I.' b) All streetsshall be improved with pavement in ,accordance with the standards and specificatiops forconstruction as approved by the City Council. , c) All stre,ets tò be paved shall be of an over-all width in accordance with the standards and j speèificatio~s for construction as approved by the City Council. ¡ d) Concrete cJrb'and gutter shall be provided and shall be constructed in accordance with standards ard specifications .for street construction as approved by the City Council. e) Storm, sewers. culverts,' storm water inlets, and other drainage facilities will be required j where. in the opinion of the City they are necessary to insure adequate storm water drainage fo~ the subdivision. Where required the drainage facilities shall be constructed in accordance with, the standards and specifications for drainage and street construction ¡ as approved by the City Council. , i f) Complete plbns for any proposed street and drainage improvements shall be submitted ¡ for the appr~val of the· CitYi Council before construction. Subd. 3: SanitarvSêwerlmprovements. Sanitary sewers shall be installed as required by stand~rdS and specificationsias approved by, the City Council. Complete plans for any proposed sewer syste ' shall be submitted forthe approval of the City Council before construction. ¡ I Subd. 4: Water supblv Improvements. Water distribution facilities, including pipe fittings, hydrants, etc., shall be, installed in accordance with the standards and specificationsJor such construction I as appiroved by the City,CounciLComplete plans for these systems shall be subJ1itted to the City Council for ap roval.) . Subd. 5: Public Utilities. , , \ City of t. Joseph Subdivision 0ídinance 2003 Page 37 of 37 I ! I i i ¡ ¡ a) All public utilities shall be underground. ) b) Where telephone, electric and/or gas service lines are to be placed underground entirely, . I conduits or cables shall be placed within easements or dedicated public ways, in such a manner so as not to conflict with other underground services. All drainage and other underground utility installation which traverse privately owned property shall be protected I by easements. i I c) Where telephone, electric, and/or gas service lines are to be placed underground in ¡ dedicated public streets or alleys which are to receive concrete or bituminous surfacing, said service lines shall be installed prior to installation of the concrete or bituminous I ! surfacing. The Public Utility may. at its option, defer installation of service lines provided it installs casings at proposed crossing locations prior to installation of the concrete or j bituminous surfacing. All casings shall be buried with a minimum of two feet of cover, and shall extend to a point at least four feet beyond the edge of pavement or back of curb. Casing materials shall be approved by the City. I Subd. X STREET LIGHTING REQUIREMENTS. The minimum requirement for street lighting facilities shall be required to be provided by the Developer and shall be as approved by the City. ¡ Subd. X TRAFFIC SIGNS, The developer shall purchase and install traffic signs as directed and reviewed/approved by the City within the proposed subdivision. ¡ Subd. X IDENTIFICATION. Every buildable lot shalt be identified by a sign that indicates the lot and block number and address, if available. which is approved by City staff prior to issuing any building pennits. These signs can be removed as lots are developed. ¡ 5ubd. X PLANTING, GATEWAYS, ENTRANCES. Entrance areas shall be improved with . weed free sod or the area shall be controlled with hay bales or riprap to avoid erosion, as approved by the City Engineer. The planting of trees, the type and spacing on public property will be subject to, the regulations of the City Council. No planting, gateways, entrances and' similar I improvements may be made on public property except with pennission and approval of the ¡ Council. - ¡ Subd. 6: Specifications/Inspections. Unless otherwise stated, all the required improvements shall conform to engineering standards and specifications as required by the City Council. Such improvements shall be subject to inspection and approval by, and shall be made in sequence as determined by the City. ¡ Subd. 7: Review and Inspection. The subdivider-developer shall pay for all costs incurred by the City for subdivision review and inspection. This would include preparation and review of plans and [ specifications by technical assistants and costs incurred by the Attorney, as well as other costs of similar nature. Subd. 8: Financina. The subdivider-developer shall be required to pay for all or a portion of the 1 above required improvements according to the following schedule: a) Sanitary Sewers - Benefit rates will be based on the total cost of constructing the sanitary ¡ sewer necessary to serve the development site together with any area or district-wide benefits of prior construction. b) Water Mains - Benefit rates will be based on the total costs of constructing water mains to ¡ selVe the development site together with any area or district-wide benefits of prior construction. I c) Storm Drainage - Benefit rates will be based on the cost of constructing storm sewers . necessary to provide adequate drainage of the development site together with any area City of St. Joseph Subdivision Ordinance 2003 Page 38 of 38 \ I I I , j ì I \ I I \ , or district-~ide benefits of prior construction. Where a larger watershed or drainage area , ¡. can be defined and when that area will benefit from the installation of storm sewer, benefit rat~s shall be determined for that defined area by the City Council. Subd. 9: paymenJ City/Developer Aareement. Financial Guaranty a) Payment -I The required improvements to be furnished and installed by the j subdivider¡developer, which are I~ed and desClibed in 54,.8 01 through 548: 08, are to J be furnished and installed, at the sole expense of the subdivider-developer and at no I expense to thepuþlic. If any improvement installed within the subdivision will be of I sUbstantiall benefit to lands beyond the boundaries of the subdivision, the City Council , may make i a provision for causing a portion of the cost of the improvement, representing thebenefit!to such lands,to be assessed against the same, or the City Council may I choose to pay the increased cost and assess for improvements when future development takes Plac~. In such case the subdivider-developer will be required only to pay for such ) portions ot¡the whole cost of said improvements as it will represent the benefit to the property wi_hin the subdivision. I ! , b) City/Developer Agreement - Prior to the installation of, required improvements and prior to I approval of the Final Plat, the subdivider-developer shall enter into a contract with the ¡ City requiring that the subdivider-developer furnish and construct said improvements at his ,or her éxpense and in accordance with plans and specifications to be approved by the \ City Engin~er. The Cìty/Developercontract s~all stipulate the type and extent of the ¡ improve meets to be constructed, the cost of construction, the construction time schedule,' the City's a thority to inspect the construction and the amount of the escrow deposit performanbe bond, warranty bond and làborand materialman bond to be furnished. The City/DevelôperAgreement shall be in substantially similar form and content as the t. attached City/Developer Agreement in Appendix "B" of this Ordinance. As an alterryative to paragraph a) above, the owner ofthe property included in a preliminary 'plat may petition the City to install certain improvements required within ¡ and/or to thþ Plat. Said petition shall be ¡naccordance with Minnesota Statutes Chapter 429. The City Council reserves the right to reject a petition and refuse to order the project throLgh' the City:... Any petitioner for improvements to the City must be received by ] January 1 stl each year for improvements requested during the year. Otherwise, the City may refuse~o construct said improvements until the following year. \ c) Financial GIJarantees- With the execution of the City/Developer Agreement, providing ¡ that the dev\eloper will construct the required' improvements for the Plat at his expense, the owner or developer, as the case may require, shall furnish a corporate completion bond, with good and sufficient sureties thereon, or a cashier's check, escrow account or j irrevocable !etterof credit in favor of the City in an amountequal to 125% of all costs,to include con~tructionengineering, legal, fiscal and administrative, as estimated by the City, of prov¡iding and installing all required improvements. Such bond, escrow, or letter of ,credit sh~1I be in the form approved by the City Attorney; shall be conditioned upon the I approval of the Final Plat and shall be further conditioned as to guarantee the actual completion ~nd installation of such required improvements within a specified period of time from the date of Final Plat approval. In order to guarantee and secure the j correction of any defect in material or workmanship furnished for such improvements, latent inch~acter, and not discernible at the time of final inspection or acceptance by the City or any amage to such improvements by reason of a settling of the ground, base or foundation t~ereof, the City will require that for a period of twelve (12) months after final ~ acceptan~e Xf the requir~d improvements by the City, the. proponent shall maintain a bond, escro '.' account or irrevocable letter of credit, in the amount of1 00% of the ¡e construction;costs oftne in-place, improvements which will be owned and maintained by the City. If during that 12 month period any such ,defects develop, the deposit in escrow, I , City of . Joseph Subdivision O:rdinance,2003 Page 39 of 39 I ¡ I \ I I ! ! ! ) bond, or letter of credit may be applied by the City for any amounts incurred to correct ¡ such defects. . , Subd. 10: Construction Plans and As-Builts. ! a) Construction plans for the required improvements conforming in all respects to the standards of the City and applicable ordinances, shall be prepared by the City Engineer or such other professional engineer as may be appointed by the City. Costs and expenses incurred by the City for the preparation of constructions plans, and related expenses, shall be paid by the developer. , í b) City Engineer shall furnish the City with as-built drawings showing the improvements as- I built or in-place. ) I Section 54.9: PUBLIC LAND DEDICATION. Subd. 1: Reservation of Land. Where a proposed park, playground, school site or other public site shown on an adopted plan or official map is embraced in part or in whole by a boundary of a proposed subdivision, and such public sites are not dedicated to the County or Board of Education, such public grounds shall be shown as reserved land on the preliminary plat to allow the County-State Agency ¡ or the Board of Education the opportunity to consider and take action toward acquisition of such public ground or park or school site by purchase or other means prior to approval of the Final Plat. Subd. 2: Dedication of Land. The City shall require all subdivisions to dedicate a percentage of ! the growth area of all property subdivided for parks, playgrounds, or other public use. Such percentage ) shall be in addition to the property dedicated for streets, alleys, waterways, pedestrian ways or other public ways. I Schedule for dedication of public land ~n areas zoned: . I Residential 8% 10% ) Commercialllndustrial- 2% I No areas may be dedicated as parks, playgrounds, or public lands until such areas have been approved ¡ for that purpose to which they are to be dedicated by the City Council. The subdivider-developer shall leave such dedicated land in a condition suitable to the City Council. I ¡ ¡ j ¡ ! ¡ . ! ¡ City of S1. Joseph Subdivision Ordinance 2003 Page 40 of 40 ì ¡ ¡ ¡ Subd. 3: Cash in, Lieu of Land. 1.1 in thejudgmentofthe CityCouncil, the area proposed to be I de icated is not suitable ,rdesirable forparklplayground purposes, because of location, sizeor any other .. rea on, the City Council Xay require in lieu of land dedication, a payment to the City of a sum equal to i ¡ the percentage Iistedabo1e ofthe average value of the land to besubdivided. The aforementioned value I shal" be the value of the land upon approval of the preliminary plat, yet prior to the installation of I im~ovements, and shaUbe determined jointly by the City Councilor its agent and the ' , ! I subl ivider-developer. If the City Council and subdivider,.developer cannot agree on land value, then the , i lan~ values shaU be establ~ed on the basis .olthree independenl .ppraisal~ by professional appraise.., I one to be selected by the City, one to be selected by the subdivider-developer, and the third to be sel cted by the two previously appointed appraisers; and the cost of the City's appraiser shall be paid by I the ~ity the cost of the S~bdivider-developer's appraisershall be paid by the subdivider~developer and i , I the ost of the third appra ser shall be borne by the City and subdivider-developer in equal shares. i Pay! ent of the cash in lien of land shall be completed prior to approval of the final plat ofthe subdivision. ¡, ' ,,' ,,'.',',' " I No mal platshall be approved unless the payment is made or an estimated amount determined by the I Cit is placed into an escrbw account for payment upon completion of the appraisal. . , ", I " ' , Sue dedication of land for publicuse'shall.be without restrictions or reservations and shall be transferred I tot e City.! AditionalRequirementS j 1. land to be, deditated shall be reasonably suitable for its intended use as determined by the, Cityandsha~1 be ata location ,convenient to the public, to be served. Factors used ,by the City Council ¡in evaluating the adequacy of proposed park and recreation areas shall includesize"sha~e, topography,geology" hydrology, tree cover, access, and ,location. ¡ I , . The appUcantsh.!... confer with City Staff and the City Council at the time the preliminary ptatis undercons.ideratãon. to secure a recommendation as to the tocatiònof any property I. that should be dedicated to the public, such as parks, playgrounds or other public property . The pr~liminary' plat shall show thelociition' and dimensions "of all areas ,~o be dedicated in this I manner~Such contribution requirement recommf.!ndationfs) will be sent t;o the Plannmg rmisskm foTrev_ and comment and ~uePtlyto the city Council ¡ for its approval.. . j . Whenapropose~park.ptayground. tecreationaiarea, or other public ground has been j indicated in the City~s official, map or Comprehensive Pian and is located in whole or i.n " , pal1witttin a proposed plat, itshaU be dedicatedtottte approximategovemmental'unit. if the applicant elects not to dedicate an area in excess, of the land required hereunder for a proposed public $ite that the Cityfeeis is in the public interest to acquire, the City may; ¡ con.ide, acq1- .-.. land through purchaae, condemnation, or negotiatron. 4. land area cO'nveed or dedicated to the City shall not be used incal,culatingdensity ¡ requirements of the City Zoning Ordinance and shall be in additiO'n to' and in I,ieu O'f open spacerequireme~forplanned unit developments." ' 5.. Where private opkn space for park and recreatiøn purpO'ses is provided ,in a prøposed ¡ j subdivision"suchlareasshalinot' beuse'å for cædi:t,againsttherequirementøf dedication for park' and recreatiO'n purpO'ses, unless the City Council, finds it in the public interest to do so.' \' , " ' , . ¡ ! 6. The City, upon consideration of the particular type of deve,IO'pment, may require that a lesser parœlof lartdshould ibededicated due to particular featuresoUhe development. In such cases, a cash, contribution, shall be required above the land dedication to insure that ¡ compensatjonisteceived for the full amountO'f the.impact on the City's park and trail system, ,\ I- 7. The CIty may ¡elect at its sole discretion to receive a combination of cash, land. and development of the land for park ,use. The potential cash donation generated by the City of St.Joseph Subdivision d,rdìnance 2003 Page 41 of 41 j i \ I ¡ dedicated land and/or the value of the development of land shall be calculated. That amount shall be subtracted from the cash contribution required by the Subsection I above. . I \ 8. Planned 'unit developments with - mixed land uses shall make cash and/or land contributions in accordance with this Section based upon the percentage of land devoted to the various uses. 9. Park cash contributions are to be caìcuiated and established at the time of final plat approval. The Council may require the payment at the time of final plat approval or at I a later time under tenns agreed upon in the development agreement. Delayed i I payment may include interest at a rate set by the City. i 10. Cash contributions for parks and trails shall be deposited in either the City's Park Fund or multi-purpose trail fund and shall only be used for park acquisition or development, and trail acquisition or development as detennined by the City. Additionally, said funds may be utilized anywhere within the City park and trail ¡ systems. ) 11. Wetlands, ponding areas, and drainageways accepted by the City may not be i 'considered in the park land and/or cash contribution to the City. 12. Property being replatted with the same number of lots and same number of dwelling units shall be exempt from all park land dedication requirements. If the number of lots ¡ or the number of dwelling units is increased, of if ,land outside the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional lots and on the additional land being added to the ¡ plat. If the additional land does not create additional lots, then each one-third (1/3) acre added shall be considered a new lot for purposes of calculating the dedication . requirements. - ¡ 13. When land is dedicated and deeded to the City for park purposes, it shall be the responsibility of the City to maintain such dedicated property. ¡ 14. Land dedication to the City shall be in thetonn of lots or outlots with approved lot and block numbers. ) ¡ 15. Parks bordered on one (1) or more sides by existing creeks or streams shall ensure i access to the park is provided from an arterial roadway or collector street and that pathways that allow emergency motorized vehicle traffic within the park are present. ¡ 16. Parking areas shall be established on land adjacent to the required parkland area, sized to meet the needs of the planned facilities. Criteria reviewed shall include the area the park is intended to serve (neighborhood, entire city), the nature of the park j (passive rec~tion, specific use) and the facilities contained within the park (e.g. ball fields, picnic areas, tennis courts, play areas, etc). Said parking areas shall be dedica~d to public use and shall be included in the required land dedication. The I City may complete improvement of said parking area. 11. The Developer shall be responsible for grading and seeding of required parkland, to City specifications. ) MAINTENANCE OF PRIVATE OPEN SPACE. In the event certain land areas or structures are ¡ provided within the subdivision for private recreational use or as service facilities, the owner of . such land, and buildi~gs shall enter into an agreement with the City to assure the continued I ¡ City of St. Joseph Subdivision Ordinance 2003 Page 42 of 42 I J ì \ ! I ration and maintenll1ce to. a predetermined reaso.nable standard. These co.mmon areas may I. 013 be placed under tne\ownerShiP o.f one of foUowing depending upon which is most ap ropriate: \ A. public where a community-wide use I i '\1 ¡ B. AppUcant'sowne~hip and I , Property ownerslassociation ownership and co.ntrol, ¡provided all of the i C. ì fo.llowing Co.nditio.ns are met: I 1. ,The ¡properyo.wnerSaSSo.ciation must be established prio.rto the sale o.fany Io.t. I 2. Membership must be mandato.ry for each owner and any successo.r in interest; \ ¡ I , 3. Theo.pen~,pacerestrictio.ns, must be in perpetuity, Botror a given periodo.f years. I 4. The asso.ciation mu,st. be resp,onsibte for liability insurance, local taxes and the maintenance o.f therec:reatio.nalarea and facifities. landowne~ (homeowners) must pay"their prorated share of.the cost, and any j 5. assessment levied by the association then can become a lien on the property in acco.rdancé with law. i 6. \ ... ..' , " , ", ,I j Theassociationmustbeabfe to adjust the assessment to meetèhanged needs. I ¡. Section 54.10: ADMINISTRATION AND ENFORCEMENT I Subd. 1: Responsible Official. It shall be duty of the City Council to see that the provisions of this Ordin nee are properly enfo~ced. ¡ Subd. 2: Sui/dine P~rmiL No building permit shall be issued by any governing official forthe constr~ction of any buildings\structures, or improvements on land henceforth subdivided until a'll ¡ applicable requirements of this Ordinance have been fully complied with. -d I M' S J... (\ . lAor U IVISlons. "C . . I c: \ . , to ) a ì ~ \ cð (V) ..... I 0 a 0 Planni~g Commission after s~bmi8sion of asurvey by a Registered Land Surveyør showing the original ..... "C (\ lot and ¡proposed division. \ > 0 :ã Subd. 4 . AMENDMEN,TS. The provisions of this, Ordinance shall, be amended by the City þouncil foUowing a I'egally advertised public hea,ring before the Planning Commission and in aCfordance with the læIv' including the rules and regulationsofanyappl,icablestate or federal agency. i \ Subd. 8: Violation. Any person violating any provision of this Ordinance shall be guilty of a misde"1eanor. Each day during wh'ich compliance is delayed or such violation continues or Qccurs . -ia.se¡¡æaœ.ofense and maybe __ ..such. SECn N XXXX SCHEDULES OFADMINISTRA nVE FE.ES, CHARGES ANDEXPEi\tSES. I. .., " City of S . Joseph Subdivision Ordinance 2003 Page 43 of 43 , 1 I ! A. Fees and charges, as well as expenses incurred by the City for engineering, planning, · legal, and other services related to the processing of applications under this Ordinance shall be established by the Councii and collected by the City Administrator for deposit in the City's accounts. Fees shall be established for the processing of requests for platting, major and minor subdivisions, review of pians, and such other subdivision-related procedures as the Councii may from time to time establish. The Council may also establish charges for public hearings, special meetings, or other such Council actions as are necessary to process applications. B. Such fees, charges and estimated expenses (as well as a deposit, if so required by the City ¡ Administrator) shall be collected prior to City action on any application. All such applications ¡ shail be accompanied by a written statement between the City and the apprïcantllandowner (when the applicant is not the same person or entity as the landowner, both the landowner and I the applicant must sign the agreement) whereby the applicant/landowner agrees to pay all applicable fees, charges and expenses as set by Council resolution as provided above, and which allows the City to assess the above fees,charges and expenses against the landowner if such monies are not paid within thirty (30) days after a bill is sent to the applicant/landowner. I C. These fees shall be in addition to building permit fees, inspection fees, trunk storm water facility costs, zoning fees, charges, expenses and other such fees, charges and expenses j currently required by the City or which may be established in the future. Updated 9/1999 Updated 1/2003 ¡ ¡ I · ¡ J ¡ I j ) ) j · City of S1. Joseph Subdivision Ordinance 2003 Page 44 of 44 j .