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HomeMy WebLinkAboutChapter 12 - SUBDIVISION REGULATIONS - PLATTINGCHAPTER 12 Section 12.01 12.02 12.03 12.04 12.05 12.06 12.07 12.08 12.09 12.10 12.11 12.12 12.13 12.14 Title Page SUBDIVISION REGULATIONS (PLATTING) Purpose 12-1 Scope 12-1 Definitions 12-1 Platting Procedure 12-7 Preliminary Plat and Final Plat Requirements 12-11 Minimum Plat Design Standards 12-16 Engineering and Construction Standards 12-22 Required Improvements and Financial Arrangements 12-27 Public Parks, Trails and Open Space Dedication 12-31 Other Subdivision Methods 12-36 Modifications, Exceptions and Variances 12-37 Findings of Fact 12-37 Compliance 12-38 Violation a Misdemeanor 12-38 CHAPTER 12 SUBDIVISION REGULATIONS (PLATTING) SECTION 12.01. PURPOSE. The process of dividing raw land into home sites, or separate parcels for other uses, is one of the most important factors in the growth of any community. Few activities have a more lasting effect upon its appearance and environment. Once the land has been subdivided into urban lots, and the streets, homes, and other structures have been constructed, the basic character of this permanent addition to the City has become firmly established. It is then virtually impossible to alter its basic character without substantial expense. In most subdivisions, roads and streets must be maintained and various public services must be provided. The welfare of the entire City is seriously affected. Consequently, it is in the interest of the general public, the developer, and the future owners that subdivisions be conceived, designed, and developed in accordance with sound rules and proper standards. All subdivisions of land hereafter submitted for approval shall fully comply, in all respects, with the regulations set forth herein. It is the purpose of these regulations to: (1) encourage well planned, efficient, and attractive subdivisions by establishing adequate standards for design and construction; (2) provide for the health and safety of residents by requiring properly designed streets, storm sewer facilities, sanitary sewer facilities and water distribution facilities (3) place the cost of improvements against those benefiting from their construction; (4) secure the rights of the public with respect to public lands and waters; and (5) set the minimum requirements necessary to protect the public health, safety, morals, comfort, convenience, and general welfare. SECTION 12.02. SCOPE. The rules and regulations governing plats and the subdivision of land contained herein shall apply within the City and other land as permitted by State Statutes. In the event of overlapping jurisdiction within the prescribed area, the extent of jurisdiction shall be determined and agreed upon between the City and other communities concerned. Except in the case of resubdivision, this Chapter shall not apply to any lot or lots forming a part of a subdivision recorded in the office of the Goodhue County Recorder prior to the effective date of this Chapter, nor is it intended by this Chapter to repeal, annul or in any way impair or interfere with existing provisions of other laws or ordinances except those specifically repealed by, or in conflict with this Chapter; or with private restrictions placed upon property by deed, covenant, or other private agreement, or with restrictive covenants governing the land. Where this Chapter imposes a greater restriction upon the land than is imposed or required by such existing provisions of law, City Code provisions, contract or deed, the provisions of this Chapter shall control. SECTION 12.03. DEFINITIONS. The following terms, as used in this Chapter, shall have the meanings stated - 12 -1 (updated 12/26/2017) 1. "Alley" - a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street and not intended for general traffic circulation. 2. "Arterial Street" - see Major Thoroughfare in the Zoning Chapter. 3. "Block" - the enclosed area within the perimeter of roads, property lines or boundaries of the subdivision or a combination of the above and a lake, stream, or river. 4. "Boulevard" - the portion of the street right-of-way between the curb line and the property line. 5. "Cluster Development" - a pattern of subdivision development which places detached housing, duplexes, or townhouse units into compact groupings while providing a network of commonly owned or dedicated open space. 6. "Collector Street" - a street which carries traffic from minor streets to thoroughfares or from thoroughfare to thoroughfare. It includes the principal entrance streets of a residential development and for circulation within such a development. 7. "Comprehensive Plan" - the policies, statements, goals, and interrelated plans for private and public land and water use, transportation and City facilities, including recommendations for planned execution, documented in texts, City Code provision and maps, which constitute the guide for the future development of the City or any portion of the City. 8. "Contour map" - a map on which irregularities of land surface are shown by lines connecting points of equal elevations. Contour interval is the vertical height between contour lines. 9. "Construction Season" - the period of time from spring through fall of one calendar year after State road weight limits have been removed, when exterior construction with heavy machinery may logically occur. 10. "Copy" -a print or reproduction made from a tracing. 11. "Cul-de-sac" - a minor street with only one outlet and having a permanent traffic turnaround. 12-2 (updated 12/26/2017) 12. "Development" - the construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new one. 13. "Disposal Area - On -Site Sewage Treatment" — that ground within the confines of the lot that does not contain buildings and has an elevation of at least 80 inches above the highest known or calculated water table or bedrock formation; does not slope in excess of 13 percent; and meets the requirements of permeability as determined by the rate of water percolation in the soil. 14. "Double Frontage Lots" - tots which have a front line abutting on one street and a back or rear line abutting on another street. 15. "Drainage Course" - a water course, swale, or other indenture for the drainage of surface water. 16. "Dwelling Unit" - a building, or portion thereof, designed for occupancy by one family for residential purposes and having private cooking facilities. 17. "Easement" - a grant by an owner of land for a specific use by persons or governmental agencies, other than the owner. 18. "Floodplain" - see definition and standards in the Zoning and Floodplain Chapters. 19. "Key Map" - a map drawn to comparatively small scale which definitely shows the area proposed to be platted in relation to known geographical features, i.e., town centers, lakes, roads. 20. "Lot" - a parcel of land occupied, or intended to be occupied, by a principal building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this Chapter or other related City Code provisions. 21. "Lot, Buildable" - a single tract of land, under separate ownership, which at time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon. Said buildable lot shall meet or exceed all of the requirements of this Chapter as it relates to area, size, dimensions, and access frontage as required for a new lot located in the same zoning district. 22. "Lot Butt" - a lot at the end of a block and located between two corner lots. 12-3 (updated 12/26/2017) 23. "Lot, Corner" - a lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purpose of this Chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meets the curve or the straight street line extended, form an interior angle of less than 135 degrees. 24. "Lot, Interior" - any lot other than a corner lot. 25. "Lot, Through" - any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required. 26. "Lot Area" - the total horizontal area within the lot lines of the lot. 27. "Lot Coverage" - the part or percent of the lot occupied by a building including accessory buildings, and other non -porous surfaces. 28. "Lot Depth" - the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines. 29. "Lot Lines" - the lines bounding a lot as defined herein: (a) "Front Lot Line" - in the case of an interior lot, is that line separating said lot from the street. In the case of a corner lot, or double frontage lot, is that line separating said lot from either street. (b) "Lot Corner" - angle or curve point of any lot. (c) "Rear Lot Line" - that lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel the front lot line, not less than ten feet long lying farthest from the front line and wholly within the lot. (d) "Side Lot Line" - any lot line or other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line. 30. "Lot of Record" - a lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Goodhue 12-4 (updated 12/26/2017) County; or a parcel of land, the deed to which was recorded in the office of said County Recorder prior to the adoption of this Chapter. 31. "Lot Width" - the horizontal distance between the side lot lines, measured at the two points where the building line, or setback line intersects the side lot line. 32. "Metes and Bounds Description" - a description of real property which is not described by reference to a lot or block shown on a map, but which is described in writing by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineates a fractional portion of a section, lot or area by described lines or portions thereof. 33. "Minimum Subdivision Design Standards" - the guides, principles and specifications for the preparation of subdivision plans indicating among other things, the minimum and maximum dimensions of the various elements set forth in the plan. 34. "Minor Street" - a street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood. 35. "Natural Water Way" - a natural passageway in the surface of the earth so situated and having such a topographical nature that surface water flows through it from other areas before reaching a final ponding area. The term also includes all drainage structures that have been constructed or placed for the purpose of conducting water from one place to another. 36. "Service Road" - a minor street parallel to and adjacent to high volume arterial streets and highways, which provide access to abutting properties and protection from through traffic. 37. "Outlot" - a non -buildable lot included within the boundary of a recorded plot which has been set aside as a park or other land dedicated to public use or reserved for private sale. 38. "Owner" - an individual, firm, association, syndicate, co -partnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations. 39. "Pedestrian Way" - a public right-of-way across or within a block, to be used by pedestrians and which may be used for the installation of underground utility lines. 12-5 (updated 12/26/2017) 40. "Preliminary Plat" - the map or drawing indicating the proposed layout of the subdivision to be submitted to the Planning Commission and Council for their consideration, in compliance with the Comprehensive Development Plan and these regulations along with required supporting data. 41. "Plat, Final" - a map or drawing which graphically delineates the boundary of land parcels for the purpose of identification and record of title. The plat is a recorded legal document and must conform to all Minnesota State laws. 42. "Private Street" - a street serving as vehicular access to two or more parcels of land which is not dedicated to the public but is owned by one or more private parties. 43. "Protective or Restrictive Covenants" - contracts entered into between private parties and constituting a restriction on the use of private property within a subdivision for the benefit of the property owners, and providing mutual protection against undesirable aspects of developments which would tend to impair physical, social, and/or economic integrity of any given area. 44. "Reserve Strips" - a narrow strip of land placed between lot lines and streets to control access. 45. "Right -of -Way" - the land covered by a public road or land dedicated for public use or for certain private use such as land over which a power line passes. 46. "Setback" - (Defined in the Zoning Chapter). 47. "Sketch Plan" - a drawing showing the proposed subdivision of property. This plan is not necessarily drawn to scale and exact accuracy is not a requirement. 48. "Street" - a publicly dedicated right-of-way for vehicular traffic, whether designed as street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, drive, court, or otherwise designated which provides the principal means of access to abutting property. 49. "Street Width" - the shortest distance between the line delineating the right-of-way of a street. 12-6 (updated 12/26/2017) 50. "Subdivider" - the owner, agent, or person having control of such land as the term is used in this Chapter. 51. "Subdivision" - the division of a parcel of land after the effective date of this Chapter into two or more lots or parcels, for the purpose of transfer of ownership or building development. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. 52. "Surveyor" - a land surveyor registered under Minnesota State laws. 53. "Thoroughfare, Major" - an arterial street which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term on the major thoroughfare plan used to identify those streets comprising the basic structure of the major thoroughfare plan. 54. "Tracing" - a plat or map drawn on transparent paper or cloth which can be reproduced by using regular reproduction procedures. SECTION 12.04. PLATTING PROCEDURE. Subd. 1. Preparing and Filing the Preliminary Plat. A. When the subdivider is ready to prepare the preliminary plat, the subdivider shall have a surveyor and/or planner draw one which is in conformity with the requirements of this Chapter. B. The subdivider shall fill out a general zoning application form or other application blanks as may be required, and submit them to the Zoning Administrator. C. No grading, tree cutting, structures, utilities or other improvements shall be installed, constructed, or moved onto or off the proposed platted area from the date on which the original general zoning application form is submitted to the Zoning Administrator until such time as the final plat is approved, denied or voided by the Council, unless specifically authorized by the Council. D. The subdivider shall furnish the Zoning Administrator with six copies of the preliminary plat and with proof of ownership or control over the land contained within the preliminary plat. E. Prior to consideration of the proposed preliminary plat by the City authorities, the subdivider shall pay the appropriate fee. Such fee shall 12-7 (updated 12/26/2017) be set, by ordinance, under such terms and conditions as the Council may, from time to time, deem appropriate. F. The fee will be used to cover public expenses incurred in connection with the review of the preliminary plat and notification for the required public hearing. Subd. 2. Review of the Preliminary Plat. A. When the subdivider is ready to submit a preliminary plat they shall contact the Zoning Administrator to set up a staff review meeting. The purpose of the staff review meeting is to provide an opportunity for city staff to make comments and suggestions about the preliminary plat. B. After the staff review meeting, the subdivider may submit the preliminary plat and application to the Zoning Administrator who will refer copies to the Engineering Department, Public Works Department, and the Fire Department for review and comment. The Planning Commission Chairman shall place the preliminary plat on the next regularly scheduled Planning Commission agenda provided such meeting is at least 15 days hence. C. If the proposed subdivision abuts any State or Federal highway, the Zoning Administrator shall also refer one copy to the Minnesota Department of Transportation District 6 Office for review as required by State law; if it adjoins a public body of water one copy shall be referred to the State Commissioner of Natural Resources for review; if it abuts a County highway, one copy shall be referred to the Goodhue County Public Works Department. D. The Zoning Administrator shall prepare a staff report representing all affected departments and regulatory authority and submit this report to the Planning Commission expressing recommendations for approval, disapproval or revisions. E. The Planning Commission shall hold a public hearing on the preliminary plat with notice given as follows: 1. Newspaper of General Circulation. The Zoning Administrator shall publish notice of the time and purpose of the public hearing at least once, not less than ten calendar days prior to the hearing in the City's Official Newspaper. 2. Affected Property Owners. The Zoning Administrator shall mail notice, not less than calendar days prior to the hearing, to all owners of record of property located in whole or in part within 500 feet of the 12-8 (updated 12/26/2017) boundaries of the subject property, as identified by the appropriate records. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this Section has been made. F. The subdivider or their representative shall appear before the Planning Commission in order to answer questions concerning the preliminary plat. The subdivider may be required to accompany the Planning Commission for an on-site review of the site conditions and may be required by the Zoning Administrator to stake and/or flag the center lines and proposed elevations of all streets at intervals of not more than 200 feet. G. The report of the Planning Commission should be submitted to the Council after the public hearing on the preliminary plat. If the Planning Commission fails to make a report, the Council shall proceed without said report. Failure to receive a report from the Planning Commission as herein provided shall not invalidate the proceedings or actions of the Council. H. Approval of the preliminary plat is an acceptance of the concept and general layout and indicates to the subdivider that the subdivider may proceed toward fulfilling the necessary steps for approval of the plat in accordance with the terms of approval. Such approval shall not constitute final acceptance of the subdivision. I. The Council may require modifications, changes and revisions of the preliminary plat, as it deems necessary to protect the health, safety, morals, comfort, convenience and general welfare of the City. J. If the preliminary plat is not approved by the Council the reasons for such action shall be recorded in the proceedings and transmitted to the applicant. The subdivider may reapply 180 days after denial of said preliminary plat by the Council. K. Should the subdivider desire to amend the preliminary plat as previously approved the subdivider may submit an amended preliminary plat which shall follow the same procedure as a new preliminary plat. L. A preliminary plat shall be valid for a period of two years from the date on which it was approved by Council. After two years, unless extensions are granted by the Council, the preliminary plat shall be considered null and void and the subdivider shall be required to refile the plat request and begin the subdivision process over in its entirety. 12-9 (updated 12/26/2017) Subd. 3. Preparing and Filing the Final Plat. A. After approval of the preliminary plat, the final plat may be prepared. It shall incorporate all changes, modifications, and revisions required, otherwise, it shall conform to the approved preliminary plat. B. In the case of large subdivisions to be platted in phases, the subdivider will be required to prepare a final plat encompassing the entire preliminary plat boundary with future phases being platted as outlots. C. All plats shall comply with the provisions of Minnesota State Statutes and the requirements of these regulations. D. The subdivider shall file six copies of the final plat with the Zoning Administrator not later than two years from the date of approval of the preliminary plat by the Council. If this is not done, the approval of the preliminary plat will be considered null and void unless an extension is requested in writing by the subdivider and granted by the Council. E. The subdivider shall submit, for review by the City Attorney, proof of ownership including a current Abstract of Title or a Registered Property Certificate along with any unrecorded documents and an Opinion of Title by the subdivider's attorney or, at the City's option, a Title Insurance Policy, the amount to be determined by the City, with the City named as an additional insured. All costs incurred in providing any Abstract, Certificate, Opinion, Title Insurance Policy, or other documents required herein, shall be paid by the subdivider. Subd. 4. Review of the Plat. A. The Zoning Administrator shall, upon receipt of the final plat and final plat application, provide copies to the Engineering Department; the Public Works Department; and the Fire Department. The Planning Commission Chairman shall place the final plat on the next regularly scheduled Planning Commission agenda provided such meeting is at least 15 days hence. B. The Zoning Administrator shall present a report on the final plat to the Planning Commission. Upon action by the Planning Commission, a report shall be prepared to City Council expressing the Commission recommendation for approval, disapproval or revisions. C. The Council shall take action on the final plat. This shall be done no more than 120 days after the final plat is filed with the Zoning Administrator unless an extension has been granted. If said plat is not approved, the reasons for such action shall be recorded in the official proceedings and transmitted to the subdivider. 12-10 (updated 12/26/2017) D. After final approval by the Council, the county surveyor shall review the plat for approval. E. Upon receiving the final plat as approved by the county surveyor, the Council may direct the Mayor, City Clerk and Planning Commission Chair to sign the plat and the subdivider shall then record it with the Goodhue County Recorder within 120 days of Council approval or the approved plat shall be considered null and void, unless extended by the City Council. F. The subdivider shall immediately upon recording, furnish the City Engineering Department with a reproducible copy, either a mylar or its equivalent, of the recorded final plat. Failure to furnish such copies shall be grounds for refusal to issue building permits for the lots within this plat. G. A subdivider may file a final plat in stages or phases. When each successive stage is presented for final approval the City shall recognize the original preliminary plat and shall not require the subdivider to reapply for preliminary plat approval except where: 1. More than two years has passed since preliminary plat approval. 2. There are substantial changes on the final plat in comparison to the original, approved preliminary plat. 3. A zoning amendment has been adopted which requires a change in use or lot size for land not yet platted or recorded. SECTION 12.05. PRELIMINARY PLAT AND FINAL PLAT REQUIREMENTS. Subd. 1. Data Required for the Preliminary Plat. Information shall be provided in the most current digital High Accuracy Reference Network (HARN) coordinate system as follows: A. Identification and Description: 1. Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation of the name of any plat theretofore recorded in the county. 2. Legal description of property. 12-11 (updated 12/26/2017) 3. Name and address of the record owner, and any agent having control of the land, subdivider, land surveyor, engineer and designer of the plan. 4. Graphic scale not less than one inch to 200 feet. 5. North point and key map of area showing well known geographical points for orientation within one-half mile radius. 6. Date of preparation. 7. A completed City planning request form. B. Existing conditions to be presented on preliminary plat or other document: 1. Boundary lines shall be shown clearly and to such a degree of accuracy that it conforms to the plat so that no major changes are necessary in preparing said plat. 2. Existing zoning classifications for land in and abutting the subdivision. 3. Approximate total acreage of the plat and total square feet of each lot and outlot shall be shown. Also, the approximate lot dimensions shall be shown for all lot lines. 4. Location, right-of-way widths, and names of existing or platted streets or other publicways, parks, and other public lands, permanent, private and public buildings and structures, easements and sections, municipal and school district lines within the plat and to a distance one hundred (100) feet beyond shall also be indicated. 5. Location and size of existing sewers, water mains, culverts or other underground facilities within the preliminary plat area and to a distance of 100 feet beyond. Grades and locations of catch basins, manholes, hydrants, and street pavement width and type, shall also be shown. 6. Boundary lines of adjoining unsubdivided or subdivided land, within 100 feet, identified by name and ownership, and also including all contiguous land owned or controlled by the subdivider. 7. Topographic data including contours at vertical intervals of not more than one foot , except when approved by the Engineering Director shall be shown. Water courses, marshes, wooded areas, rock 12-12 (updated 12/26/2017) outcrops, power transmission poles and lines, and other significant features shall also be shown. 8. A copy of all proposed private restrictions shall be submitted. 9. Percolation test and soil boring reports shall be required and prepared by a properly licensed professional for all on-site sewage disposal systems proposed. 10. If severe soil limitations for the intended use are noted in the percolation test and soil boring reports plan or statement indicating the soil conservation practice or practices to be used to overcome said limitation shall be made part of the permit application. 11. The 100 and 500 year Flood Plain lines if applicable and the height above the 100 year Flood Plain which is considered buildable by the Flood Plain provisions of the City Code shall be shown and labeled on the preliminary plat. The flood way and flood fringe within the regulatory flood plain shall also be shown. A readily identifiable elevation benchmark shall be noted on the preliminary plat. 12. Slopes of 25 percent or more as measured over any segment of 50 horizontal feet shall be designated on the preliminary plat . 13. All vegetation types shall be labeled and located on the preliminary plat using categories of vegetation such as forest, cultivated, prairie, grass, or other specific vegetative types. C. Preliminary Plat Design Features shall include: 1. Locations and widths of proposed right-of-ways, streets, alleys, pedestrian ways, utility easements, curb lines and curb cuts. 2. Proposed street names shall be shown. 3. Layout numbers and preliminary dimensions of lots and blocks. 4. Proposed front and side street building setback lines. 5. Location and size of proposed sanitary sewer lines, stormwater management systems, and water main. 6. Profiles of proposed streets, sewer lines and water mains. 12-13 (updated 12/26/2017) 7. Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use shall include the size of such area or areas in acres or square feet. 8. Location, elevation, and orientation of a typical housing unit on each lot in residential areas and where a driveway should be located. D. Other Information: 1. Statement of the proposed use of lots including the type of residential buildings with number of proposed dwelling units; type of business or industry so as to reveal the effect of the development on traffic, fire hazards, and congestion of population. 2. Source of water supply. 3. Provisions for sewage disposal, surface water or storm sewer drainage and flood control. 4. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions. 5. Such other information as may be requested by the City Engineering Director, Zoning Administrator, Planning Commission or City Council. 6. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the Planning Commission may require that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and future subdivision. In any event, all subdivisions must be shown to relate well with existing or potential adjacent subdivisions and land use. Subd. 2. Data Required for the Final Plat. A. The final plat shall be prepared by a land surveyor who is registered in the State of Minnesota and shall comply with the provisions of Minnesota State Statutes and of these regulations. B. Form for approval by signature of County officials concerned with the recording of the plat - 12 -14 (updated 12/26/2017) 1. 1 hereby certify that I have reviewed this plat and found it to be in compliance with Chapter 505 Minnesota Statutes. By Date Goodhue County, MN County Surveyor 2. 1 hereby certify that all delinquent taxes or tax certificates are paid or assigned and transferred, entered this day of 20 By Date Goodhue County, MN County Auditor 3. 1 hereby certify that this instrument was filed in the office of the County Recorder for record this day of , 20 , at o'clock _.m. and was duly recorded in Book of plats on page By Goodhue County, MN County Recorder C. Form for approval by signature of City officials concerned with the recording of the plat: Approved by the City Council of the City of Red Wing, Minnesota this day of , 20 Signed: Mayor Attest: City Clerk D. Form for identification of highwater mark: as determined by the Minnesota Department of Natural Resources the highest known surface water elevation on this site is feet above mean sea level, and the 100 year flood elevation on this site is feet above mean sea level. An elevation benchmark has been established on , located at with an elevation of feet above mean sea level. 12-15 (updated 12/26/2017) SECTION 12.06. MINIMUM PLAT DESIGN STANDARDS. Subd. 1. Conformity With the Comprehensive Plan and Zoning Regulations. The proposed subdivision shall conform to the Comprehensive Plan and Zoning Regulations as adopted by the City. Subd. 2. Land Requirements. (Reserved) Subd. 3. Street Plan. A. Proposed streets shall conform to transportation plans adopted by the State, County and City. B. Streets shall be logically related to the topography so as to produce usable lots and reasonable grades. C. Access shall be given to all lots and portions of the tract in the subdivision, and to adjacent unsubdivided parcels unless the topography clearly indicates that such connection is not feasible. Reserved strips and land -locked areas shall not be created. D. The arrangement of streets in new subdivisions shall make provisions for the appropriate continuation of the existing streets in adjoining areas. E. Where adjoining areas are not subdivided, but may be subdivided, the arrangement of streets in a new subdivision shall make provisions for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations. F. Minor streets shall be laid out to discourage their use by through traffic. Thoroughfares shall be reserved for through traffic by providing marginal access streets, interior streets for serving lots, or other means. G. Half or partial streets shall be permitted where essential to reasonable subdivision of a tract in conformance with the other requirements and standards of these regulations provided satisfactory assurance for dedication of the remaining part of the street can be secured. No improvements shall be placed in said half street until the entire right-of- way has been dedicated to the City. H. Wherever a tract to be subdivided adjoins an existing half, or partial street, the part of the street within such tract shall be platted. I. Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts. The City may require that barriers 12-16 (updated 12/26/2017) be placed at the end of the pavement or temporary paved cul-de-sacs be constructed on such streets. J. Private roads without public utility easements shall be prohibited. (Private roads with public utilities may be approved by the City as part of a Planned Unit Development meeting the requirements of Chapter 11, Division 55-080). K. Where a subdivision abuts or contains an existing or planned major thoroughfare or a railroad right-of-way, a street approximately parallel to and on each side of such thoroughfare and right-of-way may be required for adequate protection of residential properties and separation of through and local traffic. Such service streets shall be located at a distance from the major thoroughfare or railroad right-of-way suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial use and industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. L. The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. Subd.4. Cul -De -Sac Streets. Cul-de-sac streets, permanently designed as such, shall not exceed 1,000 feet in length, unless an exception is approved by City Council. Such an exception may be granted if it can be clearly shown that by reason of unfavorable land form, or the irregular shape of the land from which the subdivision is being made, a normal street pattern cannot be established, or that land would be wasted by not granting such an exception. Such an exception may be approved as part of the plat approval process. Subd. 5. Street Design. A. Minimum right-of-way widths and pavement widths (face-to-face of curb) for each type of public street or road shall be as follows: Type of Street Thoroughfare (Arterial) Collector Street Commercial or Industrial Service Street (Collector) Right -of -Way Width 100 feet 60 feet 60 feet 12-17 Roadway Width As determined by traffic needs 32 feet 36 feet (updated 12/26/2017) Minor Street (local) 60 feet 30 feet Cul-de-sac 60 feet 40 feet turnaround radius turnaround radius B. Where a subdivision abuts or contains an existing street of inadequate width, sufficient additional width shall be provided to meet the above standards. C. Additional right-of-way and roadway widths may be required to promote public safety and convenience when special conditions require it or to provide parking space in areas of intensive use. D. Extensions of existing streets with less right-of-way than prescribed above may be permitted by exception in special cases. E. Street Jog. Street jogs with centerline offsets of less than 150 feet shall be discouraged. F. Geometrics. All horizontal and vertical geometric street alignments shall be subject to approval by the City Engineering Director. G. Grades. Centerline gradients of less than 0.4 percent and greater than 10 percent shall be discouraged. H. Size of Intersection. Intersections of more than four corners shall be prohibited unless developed as a round -about. I. Corner Radii. Roadways of street intersection shall be rounded by a radius of not less than 15 feet. Roadways of alley -street intersections shall be rounded by a radius of not less than 6 feet. Corners at the entrances to the turnaround portions of cul-de-sacs shall be rounded by a radius of not less than 15 feet. J. Curb and Gutter. Curb and gutter shall be included as part of the required street surface improvements and shall thus be designed for installation along both sides of all roadways except on permanently non - buildable lots which may require extensive earth moving as determined by the Engineering Director. Subd. 6. Alley Design. A. Except in the case of a planned unit development, either a public or private alley may be provided in a block where commercially zoned 12-18 (updated 12/26/2017) property abuts a major thoroughfare or a major street. An alley shall not be considered a public street frontage for any new lot. B. An alley right-of-way and pavement widths shall conform to the following minimum standards - Right -of -Way Classification Width Pavement Industrial or Commercial 24 feet 22 feet Residential (two-way) 20 feet 18 feet Residential (one-way) 16 feet 14 feet C. Geometrics. All horizontal and vertical geometric alley alignments shall be subject to approval by the City Engineering Director. D. Grades. Centerline gradients of less than 0.4 percent and greater than 10 percent shall be discouraged. Subd. 7. Sidewalk Widths. All sidewalks shall be installed at a minimum width of five feet, or as determined by the City Engineering Director. Subd. 8. Public Utilities. A. Water Supply. Extensions of the public water supply system shall, when available, be designed so as to provide public water service to each lot. B. Sewage Disposal. Extensions of the public sanitary sewer system shall, when available, be designed so as to provide public sewer service to each lot. C. New public utilities shall not be shared facilities on private property without written easement agreements. Subd. 9. Drainage. A complete and adequate drainage system design shall be required for the subdivision and may include a storm sewer system or a system of open ditches, culverts, pipes and catch basins, and ponding areas, or both systems. Safety covers and/or grates shall be installed on all open storm sewer pipe inlets. Subd. 10. Easements. A. Provided for Drainage and Utilities. Five -foot -wide drainage and utility easements shall be provided along all rear and side lot lines. A ten -foot 12-19 (updated 12/26/2017) wide drainage and utility easement shall be provided along all street frontages. The City Engineering Director may require larger and/or additional drainage and utility easements. B. Dedication. Utility and drainage easements shall be dedicated to the City for the required use. C. Conservation Easements. Conservation easements dedicated to the City may be required within a plat to protect soil, drainage patterns, vegetation, or natural aesthetics, from disruption or damage due to new structures, utilities, roads, grading, or tree cutting. A conservation easement shall not be utilized for public access or occupation. D. Controlled Access Easements. Controlled access easements dedicated to the State, County, or City may be required within a plat on lots adjacent to a major thoroughfare, limited access highway, or collector street. The purpose of said easement is to eliminate lot owner driveway access to a public street where driveway access from a lot would be a second access on to the lot and where such driveway access is considered a safety, aesthetic, or drainage problem by the City or other units of government. Subd. 11. Street Trees. Street trees shall be required and shall not be more than 80 feet apart nor closer than 40 feet apart with a minimum of 1 per lot. Trees shall be placed not closer than 10 feet to any driveway curb cut, nor closer than 40 feet to any corner. All trees and tree location plans shall be approved by the City Forester (See Subdivision 9 of Section 12.07). The City Forester shall have the authority to vary the standards described herein when, in their opinion, circumstances prohibit compliance with said standards. Subd. 12. Street Names. Names of new streets shall not duplicate existing or platted street names unless a new street is a continuation of or in alignment with the existing or platted street. In that event it shall bear the same name of the existing or platted street so in alignment. Street names shall conform to the City of Red Wing Street Naming and Property Numbering System as applicable. Subd. 13. Block Design. A. Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lots required in the area by the Zoning Chapter and to provide for convenient access, circulation control, and safety of street traffic. B. In residential areas, other than water frontage, blocks shall not be less than 300 feet nor more than 1200 feet in length measured along the 12-20 (updated 12/26/2017) greatest dimension of the enclosed block area, unless minor variances are necessitated by topography or conformance with an adjoining plat. C. In blocks over 900 feet long, or in areas of multiple cul-de-sacs, 10 foot wide pedestrian parkways with sidewalks may be required through the blocks in locations deemed necessary to public health, convenience and necessity. Suitable paving and fencing shall be provided by the developer. D. Blocks for commercial and industrial areas may vary from the elements of design contained in this Subdivision if the nature of the use requires other treatment. In such cases, off-street parking for employees and customers shall be provided along with safe and convenient limited access to the street system. Space for off-street loading shall also be provided with a similar access. Extension of roads, railroad access right-of-way, and utilities shall be provided as necessary. E. Blocks shall be wide enough to allow two tiers of lots with a minimum depth as required by the Zoning Chapter except adjoining a lake, stream, railroad or thoroughfare or where one tier of lots is necessary because of topographic conditions. Subd. 14. Lot Requirements. A. Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines or radial to lake or stream shores unless topographic conditions necessitate a different arrangement. B. Each lot shall front upon a public street. C. No lot shall have less area or width than is required by zoning regulations applying to the area in which it is located, except as herein provided. D. Lots designed for commercial or industrial purposes shall provide adequate off -the -street service, loading, and parking facilities. E. Building Sites. Each lot shall provide an adequate building site at least one foot above the street grade or have a complete grading plan illustrated storm/surface drainage. F. Through or Double Frontage Lots. Such lots shall not be permitted except where such lots abut a thoroughfare or major highway. G. Water Courses. Lots abutting upon a water course, drainageway, channel or stream shall have an additional depth or width, as required to 12-21 (updated 12/26/2017) assure building sites that meet the Zoning Chapter lot size requirements exclusive of areas which may be inundated by a 100 year flood. H. Natural Features. In the subdividing of any land, regard shall be shown for all natural features, such as tree growth, water courses, historic spots, or similar conditions, which if preserved will add attractiveness and stability to the proposed development. I. Lot Remnants. All remnants of lots below minimum size left over after subdividing of larger tract must be added to adjacent lots, or a plan shown as to future use and platted as an outlot. J. Access to Thoroughfares. In the case where a proposed plat is adjacent to a limited access highway, other major highway, or thoroughfare, there shall be no direct vehicular access from individual lots to such streets and roads. In the platting of small tracts of land fronting on limited access highways or thoroughfares where there is no other alternative a temporary entrance may be granted; as neighboring land becomes subdivided and better access arrangements become possible, such temporary access permits shall become void. Other jurisdictions may control access on limited access highways or major roadways. K. Political Subdivision Lines. No lot shall extend over a political subdivision boundary or school district line. L. Large Lot Planning. In any area where lots are platted in excess of 24,000 square feet or 160 feet in width at the building setback line, a preliminary re -subdivision plan may be required showing a potential and feasible way in which the lot or lots may be resubdivided in future years for more intensive use of the land. The placement of buildings or structures upon such lots shall allow for potential resubdivision. M. Safety Fencing For Steep Slopes. On slopes of greater than 25%, the City may require the developer to place a construction -limit safety fence and/or a permanent four foot high safety cyclone or other suitable safety fence after construction is completed but before occupancy has occurred. SECTION 12.07. ENGINEERING AND CONSTRUCTION STANDARDS. Subd.1. Monuments. A. All lot corner pipes or iron rods shall be a minimum of one-half inch in diameter, 18 inches in length, and shall be inscribed with the license 12-22 (updated 12/26/2017) number of the land surveyor making the survey as prescribed in Minnesota Statutes, Chapter 389. B. Perimeter monuments shall be placed at all quarter -quarter section points within the subdivision or on its perimeter. At all section, quarter section, meander, or witness corners of the government survey within the subdivision, on its perimeter or otherwise shown on the face of the plat, a Goodhue County cast iron monument shall be placed. The notation "Goodhue County Monument" shall be placed on the face of the subdivision or plat by each monument so shown. In addition, a Goodhue County Monument shall be placed and shown on the plat or a certificate of survey filed for each government survey corner necessary to survey the boundaries of the plat if such monument has not been set and a certificate of survey filed. C. All U.S., State, County and other official benchmarks, monuments or triangular stations in or adjacent to the property shall be preserved in position unless a relocation is approved by the controlling agency. D. The Zoning Administrator and the County Surveyor may, when the subdivision is essentially complete, require the developer to have the plat restaked to replace those original monuments destroyed or obliterated during the construction process. Subd.2. Streets. A. Street Grading. Streets shall be graded in accordance with a plan or stages as approved by the City Engineering Director. The grading shall include the entire width of the right-of-way and shall provide a boulevard section, in addition to the minimum pavement width. B. Street Pavement. The design of street pavement for all streets covered by this regulation shall be in accordance with the State of MnDOT Road Design Manual for flexible pavements. The designed thickness of the surfacing elements shall be in accordance with the flexible pavement design standard for road classifications as follows: Classification Thoroughfare, Collector Street And Commercial or Industrial Service Streets Minor Streets and Marginal Access Streets 12-23 Pavement Design; Axle Load As determined by traffic needs FAIXeToTW0TrW,u (updated 12/26/2017) C. Rural Street Improvements. 1. Streets in an agricultural (A, AC, AR) district shall be surfaced with 8 inches of stabilized gravel to a surface width of 24 feet with a 4 foot shoulder on each side if the Council determines it would cause an undue hardship because of the lot sizes to require a concrete or bituminous surface. 2. The requirements as set forth in item 1 above may be waived in lieu of a private road by the Council provided the subdivider enters into a binding agreement with the City regarding: (a) Granting the City an option to acquire the full right-of-way otherwise required by this Chapter for public street purposes along the entire length of such private road, at such time as the Council in its sole discretion determines that it is in the public interest to acquire title to the same, and without any cost to the City; (b) Granting the City the right to use such private road for any reasonable public purpose including, but not limited to, travel by emergency vehicle; and installation of public utilities and conveniences; and, (c) Containing a covenant enforceable by the City and running with the land whereby subdivider and subsequent owners of land abutting said private road are bound to maintain such road, at all times, in a condition suitable for a use by emergency vehicles. (d) The City and the subdivider shall establish in writing an assessment procedure for all abutting, benefiting land in case public dedication and/or upgrading of the previously existing private road is officially petitioned for by abutting property owners or ordered in by the Council for public health, safety, welfare, or convenience purposes. D. Gravel Surface. Streets that at the present time will only have a gravel surface shall be designed so the base and sub -base requirements as set forth in MnDOT Road Design Manual for flexible pavement are met. In all cases at least the top eight inches of the street surface shall be of class 5 gravel or a material as approved by the City Engineering Director. E. Soils Test. To determine subgrade soil classifications, soil samples shall be collected and analyzed by a reputable testing laboratory. Reports of the soils analysis shall be submitted to the City Engineering 12-24 (updated 12/26/2017) Director with the pavement plans. Soil samples shall be taken along the center line of the proposed road at intervals not exceeding 300 feet. F. Curb and Gutter. Concrete curb and gutter shall be constructed on both sides of streets. The construction shall be in accordance with Standard Specification for Highway Construction, MnDOT Spec. No. 2531. G. Boulevards. All boulevards shall have six inches of top soil (black dirt) placed on them and then be seeded or sodded by the subdivider. H. Sidewalks. All required walks shall be concrete four inches thick (except on driveway crossings, it shall be at least six inches thick) placed on a four inch gravel or sand base. Grades shall be as approved by the City Engineering Director. Sidewalks shall be placed in the public right-of- way. Subd. 3. Public Utilities. A. Water Main. A minimum water main of six inch ductile iron pipe or other pipe as approved by the City Engineering Director shall be required. Mains over eight inches in size may be required by the City Engineering Director and the additional cost may be borne by the City. B. Sanitary Sewer. Unless otherwise required by the City Engineering Director, a sanitary sewer of eight inch poly vinyl chloride (PVC) pipe shall be installed as the minimum size placed at grades approved by the Engineer. Mains over eight inches in size may be required by the City Engineering Director and the additional cost may be borne by the City. Service ways shall be six inches. C. House Services. Each house service shall run from the main to the property line where a cap or plug shall be placed until the service is extended to the structure. The City Engineering Director shall specify the size and type of water and sewer service. Subd.4. Sanitation. A. Where lots cannot be connected with a public sewage system, provisions shall be made for sanitary sewage facilities, consisting of a central treatment plant or individual disposal devices for each lot as required by pertinent rules of the Minnesota Pollution Control Agency. B. Any subdivision or lot not provided with off-site sewer facilities may be subject to soil and percolation tests being done to determine whether the lot size proposed will meet minimum standards of health and sanitation if required by the Community Development Director or City 12-25 (updated 12/26/2017) Engineering Director due to limitations of soils as shown on existing soils maps. The lot area and topography shall be such that it will accommodate an adequate disposal system or systems to serve the residence for the estimated unsewered years as determined by the Council. Such tests shall be made at the expense of the subdivider, and a sketch map shall be submitted to identify the specific locations where tests were made. C. All proposed sewage disposal systems shall comply with the regulations and recommended standards of the City, Goodhue County, the Minnesota Department of Health, and the Minnesota Pollution Control Agency. Subd. 5. Water Supply. An individual well shall produce at least ten gallons per minute, have a well casing at least four inches in diameter and be grouted to provide a safe, portable water supply. Such wells shall meet or exceed all Goodhue County and Minnesota Department of Health requirements concerning wells and well installers. Wells within the urban services district may be required to have a City water meter installed. Subd. 6. House Plumbing. When an individual sewage system is used and the septic tank is placed on a side other than that from which the public sewer line would connect, the City Engineering Director may require a capped sewage disposal line be extended from the point of ground entrance of basement or house to a point five feet beyond and to the side from which the future sewer connection will be made. Inside the basement the elbow shall be set up to be easily reversed for connection to the capped line. Subd. 7. Stormwater Management. All surface and underground drainage systems shall be installed in accordance with an approved stormwater management plan as required by Division 57 of the Zoning Chapter. Subd. 8. Street Signs. All public street signs shall be provided and installed by the City at the expense of the subdivider. Private street signs shall be installed by the subdivider at their expense. All street signage shall require approval by the City Engineering Director. Subd. 9. Street Trees. The type or species of trees planted shall be approved by the City Forester. Trees with root structures that are less likely to interfere with utility lines, break up sidewalks, and cause other nuisance damage are desirable. Trees shall have a trunk diameter (measured 12 inches above ground level) of not less than two inches and shall be placed, staked and wrapped, unless otherwise determined by the City Forester. Said trees shall not be planted in less than one cubic yard of good growing soil with a suitable amount of fertilizer. Approved multiple varieties shall be used alternately as per the City Forester's recommendation. 12-26 (updated 12/26/2017) Subd. 10. Utilities Location. All utilities shall be placed underground. All underground work shall be completed prior to street surfacing. All utility lines for telephone, electrical service and fiber optic shall be placed in underground easements, unless located within the right-of-way (ROW) as approved by the City Engineering Director. Subd. 11. Street Lighting. Street lighting shall be installed by either the City or the subdivider at the expense of the subdivider. Subd. 12. Inspection. All required improvements shall be inspected by the City Engineering Department during construction at the expense of the subdivider. SECTION 12.08. REQUIRED IMPROVEMENTS AND FINANCIAL ARRANGEMENTS. Subd. 1. Improvements Required. Prior to the approval of a plat by the Council, the subdivider shall have agreed, in the manner set forth below, to install, in conformity with approved construction plans and in conformity with all applicable standards and City Code provisions, the following improvements on the site prior to occupancy or final building inspection: A. Survey Monuments. All subdivision boundary corners, block and lot corners, road intersection corners and points of tangency and curvature shall be marked with survey monument meeting the minimum requirements of State law. All U.S., State, County and other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position unless a relocation is approved by the controlling agency. B. Grading. The full width of the right -of way of each street and alley dedicated in the plat shall be graded. Erosion control recommendations for such grading shall be implemented. C. Pavement. All streets and alleys shall be improved with concrete or bituminous surface except as may be approved by action of the Council. D. Curb and Gutter. There shall be concrete curb and gutter with curb cuts installed along both sides of all streets that are of an urban design. E. Sidewalks. Sidewalks shall be required along both sides of all streets in areas zoned R-1, R-2, R-3, RM -1, and RM -2. Planned unit development (PUD) shall have neighborhood walking systems as approved by the City Council. 12-27 (updated 12/26/2017) F. Water Mains. In the case where mains from a public water system are available, the subdivider shall be required to install water mains in the plat and connect the same to such public water system. G. Public Sanitary Sewer. In all cases where trunk line sanitary sewer facilities are available, the subdivider shall be required to install sanitary sewers in the plat and connect the same to such trunk line sewers. H. Stormwater Management Facilities. Such facilities and easements shall be installed as will adequately provide for the drainage of surface waters; a stormwater management system may be required. Drainage way easements or land dedication may be required when such easements or land is needed in the public interest for purposes of flood plain management, proper drainage, prevention of erosion, pedestrian access to water bodies, or other public purpose. The subdivider may be required by the Council to pay an appropriate share of any off-site drainage system or structure necessary to handle the additional run-off from the subdivider's property. I. Erosion Control. The subdivider shall meet all of the erosion control requirements as provided for in the Division 57 of the Zoning Chapter. J. Street Trees. There shall be street trees installed within the boulevard along both sides of all streets that are of an urban design. Such trees shall be installed in the proper planting season as determined by the City Forester. Subd.2. Payment For Installation of Improvements. The required improvements and the engineering drawings, specifications and bid forms, as listed elsewhere shall be furnished and installed at the sole expense of the subdivider. This may be done by the subdivider's own installation of the improvements with approved plans meeting site specifications; or by petitioning the City to draw up engineering plans and specifications, bidding and constructing said improvements. However, if the cost of an improvement would by general policy be assessed only in part to the improved property and the remaining cost paid out of general tax levy, provision may be made for the payment of a portion of the cost by the City. Further, if an improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement, representing the benefit to such lands, to be assessed against the same. In such a situation the subdivider will be required only to pay for such portion of the whole cost of said improvement that will represent the benefit to the property within his subdivision. Subd. 3. Agreement by the Subdivider Providing For the Installation of Improvements. 12-28 (updated 12/26/2017) A. Prior to the installation of any required improvements and as a condition of the final approval of the plat by the Council, the subdivider shall either - 1 . ither: 1. Enter into a petition for assessment or written contract with the City on each lot within the new development by which the Council may order in the necessary utility, street lighting, street signs, sidewalk, street improvements, stormwater management and street tree planting The City Engineering Director shall then prepare or cause to be prepared contract drawings and specifications for such improvements. The City Engineering Director may also prepare such bidding documents as are necessary. The City Engineering Director shall also supervise the construction and surveying work of the successful bidder on the project. All City engineering costs involving design and preparation of documents, specifications, bidding, construction, and supervision shall be included in the cost of the improvement and shall be assessed as part of the project cost. 2. Enter into a contract in writing with the City requiring the subdivider to furnish plans and construct part or all of said improvements at his cost in accordance with plans and specifications as approved by the City Engineer. The City Engineering Director shall have the authority to inspect all construction and supervise specific details of said construction. The City Engineering Director shall also have the authority to coordinate the work to be done under said contract or any duly authorized subcontract with any other work being done or contracted by the City in the vicinity. This written contract may require the subdivider to make an escrow deposit with the City Clerk. The amount of the deposit being set equal to the City Engineering Director's estimate of the total cost of the project including engineering drawings and specifications if necessary. The City Engineering Director's estimate shall equal at least 100 percent but no more than 125 percent of the cost of the project depending upon the expected initiation and completion of construction. The subdivider may also deliver to the City a letter of credit. Such letter of credit shall be from a national or state bank approved by the Council, shall be unconditional and irrevocable, shall be for the full amount of the unpaid improvement costs, and shall provide that funds will be paid to the City upon written demand from time to time of the City to the extent of any default by the developer in the payment of the special assessments pursuant to the agreement. 3. In case the subdivider does not pay invoices for work completed by the City, the contract with the subdivider shall provide that the City may assess those costs to property located within the subdivision 12-29 (updated 12/26/2017) together with interest on the outstanding balance as determined by the Red Wing Assessment Policy and Practices for Public Improvements; the subdivider shall waive any right to contest the assessment. B. No subdivider shall be permitted to start work on any other subdivision without approval of the Council if the subdivider has previously defaulted on City work or commitments concerning other projects within the City. C. In cases where the subdivider has petitioned for assessments, no construction shall occur on a proposed subdivision prior to approval of the final plat by the Council; the recording of the plat with the County Recorder; and the ordering in of the improvements. D. In all cases, no building permits shall be issued within a subdivision prior to installation and approval of the functioning sanitary sewer and water systems by the City Engineering Director. The City may approve a building permit for model homes with the stipulation that no occupancy permit shall be issued until installation and approval of a functioning sanitary sewer and water system. Subd. 4. Construction Plans and Inspection. The subdivider's construction plans for the required improvements, conforming in all respects with the standards of the City and City Code provisions, shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Minnesota, and said plans shall contain the Engineer's certificate. Such plans together with estimates of the quantities of construction items shall be submitted to the City Engineering Director for approval and for an estimate of the total costs of the required improvement. Upon approval, such plans together with estimates of the quantities of construction items shall become a part of the required contract. Once the final plans are approved by the City Engineering Director the subdivider shall submit two physical copies of the plans and specifications and a digital copy in AutoCAD format. Subd. 5. Trunk Facilities. Where a larger size water main, sanitary sewer, storm management facility or similar facility is required to serve areas outside the subdivision, the larger facility required must be constructed. Additional cost is to be borne by the benefiting properties and the assessment rate to be determined accordingly by the Council after recommendations by the City Engineering Director. Subd. 6. Alternate Installation and Incomplete Improvements. A. The Council may elect to install any portion of the required improvements pursuant to the cash escrow agreement or other finance arrangements with the subdivider. 12-30 (updated 12/26/2017) B. Full and complete utility systems shall be installed in all needed areas as soon as is practicable and feasible. The City and subdivider shall proceed as soon as it is practicable after final approval of a subdivision with installation of required improvements within the subdivision. 1. In the event of small subdivisions or in subdivisions on which development may proceed slowly, or where the construction of required improvements is clearly not feasible immediately following the approval of the plat, the Council may elect to commence assessment proceedings, utilize funds of a cash escrow agreement, or otherwise move to finance and install improvements where warranted. 2. Such improvements shall be required in order to provide greater assurance of public health, assure reliability of water supply, provide for economy of installation, provide more effective fire fighting through hydrants, and otherwise protect the public health, safety, convenience and general welfare. SECTION12.09. PUBLIC PARKS, TRAILS AND OPEN SPACE DEDICATION. Subd. 1. Parks, Trails and Open Space. A. Purpose. This Section is adopted for the purpose of providing for the recreation, health, safety and welfare of the public through the orderly development of recreation areas and the conservation of natural resources and scenic beauty in the City. The City Council finds that the dedication requirements of this Section are necessary to meet the needs for parks, trails, wetlands and open space resulting from development of the uses subject to this Section. B. Waiver of Requirements. Upon a request by a subdivider, the City Council, in its discretion, may waive or reduce the requirements of this Section for City assisted development or redevelopment projects that achieve public objectives or for reasons based upon other development priorities or policies of the City. C. Initial Dedication Consideration. The subdivider shall consult with the Community Development Director at the time the preliminary plan is under consideration, to secure a recommendation as to the location of any property that should be dedicated to the public, such as parks, scenic easements, trails, playgrounds or other public property. The plan shall show the location, dimensions, and total square feet of all areas to be dedicated in this manner. 12-31 (updated 12/26/2017) D. Conformance with the Comprehensive Plan. Land dedicated under this Section shall reasonably conform to the City's Comprehensive Plan. The Planning Commission shall recommend to the City Council to adopt as part of the Comprehensive Plan the location of land for future parks, trails and open spaces in the City. If the Comprehensive Plan for the parcel of land to be subdivided calls for public property in excess of that required by Section 12.09, Subdivision 2, the Planning Commission and City Council shall, before approval or disapproval of the preliminary plat, consider the Comprehensive Plan and determine whether to take the necessary steps to acquire all or part of the additional public property as called for by the Comprehensive Plan. If the City's trail plan shows a trail within a development, it must be dedicated by the owner. E. Cash in Lieu of Land. The City shall have the option to require cash contributions in lieu of accepting dedication of land under this Section, or the City may require a combination of land dedication and cash payment. Contributions of cash in lieu of land shall be placed in a special reserve park fund which shall be held and used by the City to acquire land for or to improve parks, playgrounds, trails, or open space. The City shall require a cash payment in lieu of park, trail and open space dedication whenever the proposed dedication of land for public use is not suitable for the intended use, is too small for practical maintenance, or whenever cash payment would be more beneficial to the development of the overall park system that dedication of the land within the property to be developed. F. Timing. The requirements of this Section for dedication of land or for contribution of cash in lieu of land shall apply at the time of final plat approval, replat, minor subdivision, or waiver of platting and shall apply to any plat, replat, subdivision, waiver of platting, or development which receives final approval after January 1, 2011. G. Determination of Cash Payment. The cash payment in lieu of land dedication shall be set by ordinance under such terms and conditions as the Council may from time -to -time be appropriate. H. Dedication Process. Prior to the dedication of the required property pursuant to this division, the subdivider shall provide the City with evidence of title in a form acceptable to the City Attorney or a title insurance policy insuring the City's interest in the property. In any dedication of required land, the subdivider must have good and marketable title to the land, free and clear of any mortgages, liens, encumbrances or assessments, except easements or minor imperfections of title acceptable to the City. 12-32 (updated 12/26/2017) I. Trail Construction. When the City's Comprehensive Plan identifies a trail to be constructed in the land to be subdivided, the subdivider shall be required to pay for the construction of the trail improvements. J. Other Conditions: 1. Grading in the park shall conform to the grading plan as approved by the Engineering Director. 2. Rocks that are two inches or greater in diameter shall be removed from the land by the subdivider. 3. A minimum of six inches of top soil shall be provided by the subdivider. 4. Grass shall have been seeded, mulched and established in accordance with specifications approved by the City Engineering Director. Subd. 2. Land Dedication. A. General Requirements. In every plat, replat, or subdivision of land allowing development for residential, commercial, industrial or other uses or any combination thereof, but excluding single lot line adjustments, which do not create additional lots, a reasonable portion of such land shall be set aside and dedicated by the subdivider to the general public for parks, trails or public open space. In accordance with Minnesota Statutes, Section 462, it is reasonable to require dedication of an amount of land equal in value to that percentage of the undeveloped land as set forth in Subdivision 3 of this Section. The land to be dedicated shall be suitable for public use as parks, trails and open space as shall be determined in the sole discretion of the City, and the City shall not be required to accept land which will not be usable for parks, trails or open space or which would require extensive expenditure on the part of the City to make them usable. All land dedicated for park, trails and/or open space shall be designed to incorporate natural features such as, rivers, streams, wild life habitat, woodlands, natural communities, wetlands and ponding areas. Said lands shall also incorporate cultural features such as landmarks and archeological sites. This dedication shall be in addition to the land dedicated for streets, alleys, stormwater management systems or other public purposes. Subd. 3. Dedication Formula. The amount of land to be dedicated by the subdivider for park, trail or open space shall be based upon the net area (gross area minus area required for 12-33 (updated 12/26/2017) public streets and stormwater management systems) of the land to be subdivided, which could be developed for residential, commercial, industrial or other non-residential purposes. Said dedication shall be determined at the time of preliminary plat approval and shall be calculated as follows: A. Residential and Mobile Home Park Development. The calculation for residential development shall be as follows: Dwelling Units/Net Acre 0-2.5 2.6-4.0 4.1-8.0 8.1-12.0 12.1-16.0 Percentage of net land to be dedicated 10 12 13 14 15 For each additional 2.5 units over 16 per acre, add 0.25 percent. If a lot which was a platted lot before January 1, 2011, is split into two lots, the land to be dedicated shall be five percent of the original lot. B. Industrial Development. In industrial developments, two percent of the gross area included in the land to be subdivided shall be dedicated for trails. No park and open space land dedication shall be required. C. Commercial Development. The park, trail and open space dedication requirement of the land to be subdivided for a commercial, light industrial and/or nonresidential subdivision or development shall be five percent of the gross area included in the land to be subdivided. Subd. 4. Credit for Private Open Space and Conservation Easements. A. Where a private open space for park, recreation or trail purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, a credit of up to 25 percent of the requirements of Subdivision 3 of this Section may be given, provided that the following conditions are met: 1. Such land area is not occupied by non recreational buildings and is available for the use of all residents of the proposed subdivision. 2. Required setbacks shall not be included in the computation of such private open space. 3. The use of the private open space is restricted for park, recreational and trail purposes by recorded covenants which run with the land in favor of the future owners of the property within the subdivision and 12-34 (updated 12/26/2017) which cannot be defeated or eliminated without the consent of the City Council. 4. The proposed private open space is of an appropriate size, shape, location, topography and usability for park, recreational and trail purposes or contains unique natural features that are important to be preserved. 5. The proposed private open space reduces the demand for public recreational facilities to serve the development. B. Where subdividers dedicate conservation easements to preserve open space, natural resources and/or aesthetics, the City may reduce the amount of land to be dedicated (or cash contributions in lieu of such dedication ) by an amount not to exceed 50 percent of the normal dedication. C. In no case shall the combined total of amenities (from item A above) and conservation easements (from item B above) reduce the normally required dedication of land or cash contributions by more than 75 percent. Subd. 5. Protection of Natural Features. The Council reserves the right to decline approval of a subdivision if due regard is not shown for the preservation of all natural features such as large trees, water courses, scenic points, historic spots, archeological sites and similar City assets which, if preserved, will add attractiveness and stability to the proposed development of the property. Subd. 6. Planned Unit Developments (PUD). A. Upon receiving a report from the Planning Commission, the Council may grant exemptions from the provisions of these regulations in the case of a subdivision large enough to constitute a more or less self- contained residential neighborhood or PUD, provided that the City receives adequate safeguards to insure development according to a plan submitted by the subdivider. Said plan shall not be in conflict with the Comprehensive Plan and shall in the opinion of the Council be a desirable planned development and shall provide adequate public open space and any improvements necessary for the circulation, recreation, light, air, and service needs of the tract when fully developed and populated. B. Upon receiving a report from the Planning Commission, the Council may grant exemptions from the provisions of these regulations in the case of a planned development which mixes uses in an innovated manner as defined in the Zoning Chapter, provided that the Council shall find that 12-35 (updated 12/26/2017) the proposed development is fully consistent with the purpose and intent of these regulations. This provision is intended to provide the necessary flexibility for new land planning and land development trends and techniques. SECTION 12.10. OTHER SUBDIVISION METHODS. Subd. 1. Minor Subdivisions and Consolidations. If a request is made to subdivide unplatted land or to subdivide a lot which is part of a recorded plat, or to consolidate parcels of land, or any combination of such actions, and the proposed action will not create more than three new lots, does not create new public infrastructure with the exception of sidewalks, bike paths and trails, does not include conveyance of an interest in real property to the city, and the newly created property lines will not cause any resulting lot to be in violation of the Zoning Chapter, the Planning Commission shall review the subdivision upon submission of a final plat prepared by a registered land surveyor, and prepare a report to the City Council for their consideration. Such subdivision shall be considered a minor subdivision. Subd. 2. Administrative Subdivision and Consolidation. Notwithstanding any provisions of Subdivision 1 above, the Zoning Administrator may, in his/her discretion, without formal plat or minor subdivision approval, administratively approve for recording a conveyance which divides or consolidates parcels of land for limited purposes such as minor boundary line adjustments, where compliance with requirements of formal plat or minor subdivision approval would create an unnecessary hardship, where failure to comply does not interfere with the purpose of this Chapter, and where the newly created property lines will not cause any resulting lot to be in violation of the Zoning Chapter. In cases of subdivision, the applicant shall submit a certificate of survey from a licensed surveyor. In cases of consolidation, the applicant shall submit a sketch showing the parcels to be consolidated and provide a letter of review from the Goodhue County Surveyor. No consolidation shall be recorded by Goodhue County until the Zoning Administrator has approved the application. Subd. 3. Unapproved Subdivisions. A. No sale, trade, or other conveyance of land to which this regulation is applicable shall be filed or recorded, if the land described in the conveyance is referenced to an unapproved Registered Land Survey, or to an unapproved plat. B. The City may refuse to accept or take over metes and bounds parcels for roads, parks, or other public uses without a Certificate of Survey or a plat of said parcels. 12-36 (updated 12/26/2017) C. Any owner or agent of the owner of land who conveys a lot or a parcel in violation of the provisions of this Subdivision shall forfeit and pay to the City a penalty as provided in the fee ordinance. The City may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. D. If in a pre-existing group of two or more contiguous lots or parcels of land owned or controlled by the same person, no lot or parcel meets 60 percent of the width or area requirements of the Zoning Chapter, such individual lot or parcel cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots or parcels under the same ownership so that the combination of lots or parcels will equal one or more parcels of land each meeting the new lot width and area requirements of the Zoning Chapter. SECTION 12.11. MODIFICATIONS, EXCEPTIONS AND VARIANCES. Subd. 1. Subdivision Variance. The City Council may grant a variance from this Chapter upon receiving a report from the Planning Commission in any particular case where the subdivider can show because of exceptional topography or any other physical conditions that strict compliance with this Chapter would cause exceptional and undue hardship, provided such relief may be granted without detriment to the public welfare and without impairing the intent of this Chapter. The Planning Commission may recommend variations from the requirements of this Chapter when, in its opinion, they do not affect the Comprehensive Plan or the intent of this Chapter. Subd.2. Variance Procedures. The applicant for a subdivision variance shall follow the procedures as set forth in Division 90-110 of the Zoning Chapter. SECTION 12.12. FINDINGS OF FACT. For all subdivisions, the Planning Commission shall recommend and the City Council shall consider for approval or denial the following findings: 1. The proposed subdivisions, including the design, are consistent with any adopted component of the Comprehensive Plan. 2. The physical characteristics of the site, including but not limited to topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, stormwater management are such that the site is suitable for the type of development or use contemplated. 3. The site is physically suitable for the proposed density of development. 12-37 (updated 12/26/2017) 4. The design of the subdivision or the proposed improvements will not cause significant environmental damage 5. The design of the subdivision or the type of improvements will not cause serious public health and safety problems. 6. The design of the subdivision or the type of improvements will not conflict with easements of record. 7. Existing City infrastructure, including but not limited to, roads or highways, water supply systems, and sanitary sewer systems, are adequate to serve the proposed subdivision. SECTION 12.13. COMPLIANCE. Subd. 1. Building Permits. No building permit shall be issued for any construction, enlargement, alteration, or repair, demolition or moving of any building or structure on any lot or parcel until all the requirements of this Chapter have been fully met. Subd. 2. Public Nuisance Per Se. Any building or structure which is erected, altered or converted, or any use of premises of land which is begun or changed subsequent to January 1, 2011, and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction. Subd. 3. Each Day a Separate Offense. A separate offense shall be deemed committed upon each day during or when a violation occurs or continues. Subd. 4. Rights and Remedies are Cumulative. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law. SECTION 12.14. VIOLATION A MISDEMEANOR. Every person who violates a provision of this Chapter by performing an act thereby prohibited or declared unlawful, or failing to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. 12-38 (updated 12/26/2017)