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Home My WebLink AboutOrd. 010 - Subdividing and Platting CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 10 - SECTION 9.07 SUMMARY AN ORDINANCE AMENDING SECTION 9.07 OF ORDINANCE 10 (THE SUBDIVION ORDINANCE) OF THE CITY OF ANDOVER. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes 349. Policy The purpose of this ordinance to establish park dedication fees that reflect the needed park improvements as justified by the park dedication study completed by Northwest Associated Consultants and adopted as an addendum to the Comprehensive Plan. It is the iritent of this ordinance that the City will charge subdivisions ofland a park dedication fee that is commensurate with the needs from new developments in the City. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Clerk or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. A printed copy of this ordinance is available for inspection by any person during regular office hours of the City Clerk and at the Rum River Branch ofthe Anoka County Library. Adopted by the City Council of the City of Andover on this 6th day of May, 2003. ATTEST: CITY OF ANDOVER U~ (),/L Victoria V olk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 10 HH AN ORDINANCE AMENDING SECTION 9.07 OF ORDINANCE 10 (SUBDIVISION ORDINANCE) WITHIN THE CITY OF ANDOVER. THE COUNCIL OF THE CITY OF ANDOVER ORDAINS THAT THE SECTIONS THAT ARE STRICKEN OUT SHALL BE REMOVED, AND UNDERLINED SECTIONS SHALL BE ADDED TO SECTION 9.07 OF ORDINANCE 10 AS FOLLOWS: 9.07 Parks, Playgrounds, Open Space and Public Uses. (lOA, 9-13-74) 9.07.1 Lands of Public Use or Other Provisions. Pursuant to Minnesota Statute, Chapter 462.358, as amended, the City Council of the City of Andover shall require all owners or developers, as a prerequisite to approval of a plat, subdivision or development of land, to convey to the City or dedicate to the public use, for park or playground purposes, a reasonable portion of the area being platted, subdivided or developed as hereinafter specified. Said portion to be approved and acceptable to the City or in lieu thereof, the owners or developers shall, at the option of the City, pay to the City for the use in the acquisition of public parks, open space and playgrounds, development of existing public park and playground sites, and debt retirement in connection with land previously required for public parks and playgrounds. an equivalent amo1:Hlt in cash based l:Ipon ,/ ... the unde'leloped land vahle of that portieR of said land th.at would have otherwise beeR required to be dedicated. Anv park cash contributions based on market value for commercial/industrial.'" zoned property property is to be determined as identified in Section 9.07.5 are to be calculated and established based on the land value at the time of final plat. Anv park cash contributions for residential zoned property is to be determined as identified in Section 9.07.5. The form of contribution (cash or land) shall be decided by the City based upon need and conformance with approved City comprehensive plans. 9.07.2 Dedicated Land Requirements. Any land to be dedicated as a requirement of this section shall be reasonably adaptable for use for active park and recreation purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, tree cover, access and location. Also land dedication shall be selected based on the park land need defined bv the Andover Park Svstem Plan. Active park land areas shall be exclusive of wetlands, slopes exceedine: 12 percent pondine: areas, or other features unsuitable for active park development. The City may accept natural open space or passive park containine: unique natural environmental features as part of the park land dedication. Selection of park land for dedication shall be at the discretion of the City Council, based on the policies and recommendations of the Comprehensive Plan and the Comprehensive Park System Plan. 9.07.3 Standards for Determination. The Park and Recreation Commission shall recommend to the City Council adoption of the Comprehensive Park Development Plan for determining what portion of each such development should reasonably be required to be so conveyed or dedicated. Such Comprehensive Park Development Plan may take into consideration the zoning classification assigned to the land to be developed, the particular proposed use for such land, amenities to be provided and factors of density and site development as proposed by the owners or developers. The Park and Recreation Commission shall further recommend changes and amendments to the Comprehensive Park Development Plan to reflect changes in the usage of land which may occur, changes in zoning classifications and concepts and changes in planning and development concepts that relate to the development and usages to which the land may be put. 9.07.4 Park and Recreation Commission Recommendation. The Park and Recreation Commission shall, in each case, recommend to the City Council the total area and location of such land that the Commission feels should be so conveyed or dedicated within the development for park, playground, open space and public use purposes. 9.07.5 Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the owners or developers in lieu of a conveyance or dedication of land for park, playground, open space or public use purposes, the Park and Recreation Commission shall recommend to the City Council the amount of cash said Commission feels should be so contributed. Such recommendation shall be based on the market value of the undeveloped land that would otherwise have been conveyed or dedicated. In lieu of land dedication, the City may require from the developer or owner a cash contribution which is based on a fee per lot/unit basis for the development of residential zoned property. In the case of the development of commercial/industrial zoned property, the City may require a cash contribution from the developer or owner which is based on ten (10%) percent ofthe market value of the land. These fees are established and adopted by the City Council resolution and are effective for any plat that has not received preliminary plat approval after the date of publication of this ordinance. The fees would also apply to plats that have received preliminary plat approval, but have not received final plat approval by the City Council within twelve months of the publication date of this ordinance. (IOCC, 4-20-99) If an extension is requested of the preliminary plat beyond the twelve months. the fee that is in effect at the time of the extension is the fee that is to be contributed. Park cash contributions are to be paid to the City prior to the recordin!!: of the final plat at the county. The City Council may require the payment at a later time under terms a!!:reed upon in the development a!!:reement. Delayed payment may include interest at a rate set by the City. If the applicant or developer does not believe that the estimates contained in the City fee schedule (pursuant to this park dedication analysis) fairly and accurately represent the effect of the subdivision on the park or trail system ofthe City. the applicant or developer may request that the City prepare an in-depth study of the effect of the subdivision on the park and trail system and an estimate of that effect in money and/or land. All costs of said study shall be borne by the developer or applicant. If the developer or applicant requests the preparation of such a study. no application for development submitted shall be deemed complete until the study has been completed and a determination is made as to the auurouriate amount of land or money necessary to offset the effects of the subdivision. If a combination of cash and land dedication is required, the cash contribution to the City would be determined as follows for residential zoned urouertv: Steu 1 - Total acreae:e ofulat multiulied bv ten uercent (minimum required land dedication) yields the required land to be dedicated. Steu 2 - Actual acres of uark to be dedicated divided bv the required land to be dedicated yields the uercent of land that must be dedicated. Steu 3 - "Total Park Dedication Fee" will be determined bv establishine: the ultimate number of residential lots beine: dedicated (if no Park land was dedicated) multiulied bv the uark dedication fee uer unit. Steu 4 - Divide the "Total Park Dedication Fee" bv the required land to be dedicated. This yields the "Fee Per Acre". Steu 5 - Multiulv the "Fee Per Acre" bv the acres of uark to be dedicated. This yields the dollar value of credit for land beine: dedicated. Steu 6 - "Total Fee" minus the dollar value of credit for land beine: dedicated yields the dollar amount and/or balance due in Park Dedication Fee. 9.07.6 Market Value of Lands. "Market Value", for the purposes of calculatine: the commercial/industrial uark dedication fee as required bv this Ordinance shall be determined as of the time of the final plat without improvements in accordance with the following: A. The Park and Recreation Commission and owners or developers may recommend to the City Council the market value. The City Council after reviewing the Park and Recreation Commission's recommendation, may agree with the owner or the developer as to market value. (10BB, 8-4-98) B. The owner or the developer may select from a list, one of three accredited appraisers that has been approved by the City to establish the market value. The appraisal shall be at the expense of the owner or the developer. Such appraisal shall be accepted by the City Council and the owner or developer as being an accurate appraisal of "market value". (lOBB,8-4-98) 9.07.7 Density and Open Space Requirements. Land area so conveyed or dedicated for park, open space and playground purposes may not be use by an owner or developer as an allowance for development as set out in the City Zoning ordinance. The land shall be in addition to, (except for 9.07.8), and not in lieu of, open space requirements for Planned Unit Developments pursuant to the City Zoning Ordinance. 9.07.8 Credit for Private Open Space. Where private open space for park and recreation purposes is provided in a proposed development and such space is to be privately owned and maintained by the owner of that development, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do so and that the following standards are met: (lOZ, 9-16-97) A. That yards, court areas, setbacks and open space required to be maintained by City Ordinances shall not be included in the computation of such private open space; B. That the private ownership and maintenance of the open space is adequately provided for by written agreement; C. That the private open space is restricted for park and recreation purpose by recorded covenants which run with the land in favor of the owners of the property within the development and which cannot be eliminated without the consent of the City Council; (10Z, 9-16-97) D. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location ofthe private open space; E. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the Comprehensive Plan, and are approved by the City Council and; F. That where such credit is granted, the amount of credit shall not exceed one hundred (100%) percent for the development ofthe amount calculated under Section 9.07.10. (lOZ, 9-16-97) 9.07.9 Park and Recreation Commission Administrative Procedures. The Park and Recreation Commission shall establish such administrative procedures as they may deem necessary and required to implement the provisions of this Ordinance. 9.07.10 Dedicated Land, Minimum Area. Developers ofland within the City of Andover shall be required to dedicate to the City for park, open space and playground purposes as a minimum that percentage of gross land area as set out below: A. Residential Requirement 10% (10Z, 9-16-97) B. Commercial-Industrial 10% 9.07.11 Metes and Bounds Lot Splits. The Park and Recreation Commission may recommend cash navment in lieu of nark land on metes and hounds lot snlits less than twenty (20 a,) acres in size. The payment amount shall be determined through the same process outlined in Section 9.07.5. (lOP, 12-19-89; lOCC,4-20-99) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby adopt the above amendments to Ordinance No. 10 (Section 9.07). Adopted by the City Council ofthe City of Andover this 6th day of May, 2003. CITY OF ANDOVER Attest: ~~~ lchael R. Gamache - Mayor /1;t;;~ {/db Victoria V olk - City Clerk .. .;=- , c' TOWN OF GROW SUBDIVIDING AND PLATTING ORDINANCE NO. 10 INDEX Page No. 1 1 1 2 6 6 7 10 U 2. 29 33 33 Recording 3. 35 35 36 37 37 37 Section 1 Short Title Section 2 Interpretation and Scope Section 3 Platting Authority Sedion4 Definitions SectionS Enforcement and Penalty Section 6 Sketch Plan Section 7 prel iminary Plat SectionS Required Preliminary Plat Data Section 9 Subdivision Design Standards . Section 10 Construction of Improvements Section 11 Final Plat Section 12 Registered Land Surveys Section 13 Easements Section 14 Restrictions on Filing and Conveyances Section 15 Plats Previously Approved Section 16 Permits Section 17 Variances Section 18 Violation and penalty Section 19 Repeal Section 20 Effective Date Street Standards 12 pages TOWN OF GROW ANOKACOUNTy,MINNESOTA ORDINANCE NO. 10 AN ORDINANCE ESTABLISHING THE TOWN BOARD AS THE PLATTING AUTHORITY OF THE TOWN, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE SUBDIVISION AND PLATTING OF LAND WITHIN THE TOWN, AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. THE COUNCIL OF THE TOWN OF GROW ORDAINS. SECTION 1. SHORT TITLE. This ordinance shall be known as the "Subdivision Ordinance of the Town of Grow" (ordinance No. 10) and will be referred to herein as "this ordinance." SECTION 2. INTERPRETATION AND SCOPE. All land subdivision within the Town of Grow shall equal or exceed the standards set forth in this ordinance. The standards established by this ordinance are not intended to repeal, abrogate, annul or impair private agreements or restrictive covenants including State and County regulations running with the land which are equal to or more restrictive than the standards hereby established, except that the most restrictive shall apply. SECTION 3. PLATTING AUTHORITY. The Board shall serve as the Platting Authority in accordance with Minnesota Laws of 1965, Chapter 670 (Minnesota Statute Sec_ 462.358). No plat, replat. subdivision of land or registered land survey shall be filed or accepted for filing by the Registrar Of Titles or Register of Deeds of Anoka CoUnty unless it is accompanied by a certified copy of a resolution adopted by the affirmative vote of a majority of the members of the Board approving such plat. replat, subdivision of land or registered land survey. SECTION 4. DEFINIT,IONS. For the purpose of this ordinance, certain words and terms are hereby defined as follows: ALLEY is a publiC right-of.way which affords a secondary means of access to abutting property. No alleys shall be allowed. BLOC K is an area of land within a subdivision that is entirely bOunded by streets, or by streets and the exterior boundary or boundaries of the subdvision, or a combination of the above with a stream or lake. BOULEVARD is that portion of the street right.of. way between the curb line and the property line. BUTT LOT is a lot at the end of a block located between two corner lots. COMPREHENSIVE PLAN means a compilation of pOlicy statements, goals, standards, and maps for guiding the physical. social and economic development, both private and publlc, of the Community and its environs_ DESIGN STANDARDS are the specifications to land owners or sUlJdividers for the preparation of .plats, both preliminary and final, indicating among other things, the optimum. minimum or maximum dimensions of such items as rights-of.way, blocks. easements, lots, etc. EASEMENT is a grant by a property owner for the use of a portion of land for the expressed purpose of constructing and maintaining slopes or grade transitions or utilities, including but not limited to, electric and telephone lines, sanitary and storm sewer lines, surface drainage ways and gas lines. FINAL PLAT is a drawing or map of a subdivision which meets all of the requirements of the Community and is in such form as meets State and County requirements for purposes of recording. GRADE, SLOPE OR GRADIENT means the rate of vertical rise or drop from any fixed horizontal line or point. IMPROVEMENTS means the construction or installation of public or private utilities including, but not Iimi1ed to, potable water, sanitary sewer systems, storm sewers, roads and other thoroughfares, sidewalks, curbs and gutters, paving,barricades, trees and other plantings. lighting, fuel or energy and the transmission thereof, transportation systems or facilities connected therewith and communication systems which are necessary, desirable or convenient in the maintenance of the health, safety and the general welfare. LOT is a parcel of land delineated upon and thereafter described by reference to a plat, registered land surveyor auditor's subdivisions, or other similar recorded dedicatory document. OPEN S PACES are areas set aside for the preservation of natur31 open space to counteract the effects of urban congention and monotony. OWNER is any person, firm or corporation, or any other legal entity, or a c.ombination of any of them, having sufficient legal proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this ordinance. PARKS AND PLAYGROUNDS are public lands and open space in the community dedicated tor ana usaIJ1e for recreatipn pur:poS'es. PEDESTR IAN WAY is a public or private right.of- way within or across a block or blocks to provide access for pedestrians and which may be useo for utilities. PLANNING COMMISSION is the Planning Commission Of GrOIN. PRELIMINARY PLAT is the Tentative drawing or chart indicating the proposed layout of the subdivision to be subm itted hereunder in compliance with the Comprehensive Plan and these regUlations including required supporting data. PROTECTIVE COVENANTS are contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of a given area. REQUIRED PUBLIC IMPROVEMENTS are defined as those improvements in any proposed subdivision, including streets, water and sewer systems and storm water drainage systems and others which are required in connection with the approval of any plat or other subdivision. RIGHT-OF-WAY is the publicly owned area between adiacent private property lines within the limits of a street. oedestrian way, or thoroughfare. SKETCH PLAN is an informal drawing or sketch of the proposed development submitted to one or more members of the Planning Commission for consideration prior to submittal of preliminary plat. STREETS: 1. STREET is a publiCly owned right.of.way affording primary access lJy pedestrians and vehicles whether designated as a street. highway, thoroughfare, parkway, road, avenue, or however otherwise designated. la. ARTERIAL ROADS are the major traffic carriers feeding to the state highways system. Community arterials are comprised mostly of existing County roads in the Community as defined in the Comprehensive Plan. Minimum new.access spacing shall be 660 feet. lb. COLLECTOR STREETS are feeders to the arterial roads as defined in the Comprehensive Plan. Minimum new.access spacing shall be 330 feet. 1c. MINOR STREET is a street used primarily for access to the abutting properties and the local needs for a neighborhood. . ld. CUL.DE.SAC is a street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. le. SERVICE STREET, OR SERVICE ROAD is a street which is adjacent to a thoroughfare and which provides access to abutting properties and protection from through traffic. 11. LIMITED MINOR STREET shall be a narrow rural roadway which served six or fewer residences and has no on-street parking allowed. 2. STREETWIDTH is the shortest distance between the lot lines delineating the right.of-way of a street. SUBDIVIDER is any person, firm or corporation having sufficient proprietary interest in land in order to subdivide the same under this ordinance. SUBDIVISION is the division of a tract of land into two or more lots or parcels of land for the purpose of transfer Of ownership or building development. The term includes resubdivision and, when appropriate to the context. shall relate to the proc ess of subd i-..iding or to the land subdivided. ~ SECTlOM 5. ENFORCEMENT AND PENALTY. Unless approved as a final plat as provided herein, no subdivision shall be entitled to record in the County Register's office or have any validity; and the Community shall not issue building permits for any structure on a lot in any proposed subdivision. The Community shall not permit any public improvements to be installed unless the pre1iminary plat is approved and shall not permit any services until approval of the final plat and recording of same. Any firm, persons, or corporation who violates any of the provisions of these regulations, or who sells, leases, or offers for sale or lease any lot. block or tract of land herewith regulated before all the requirements of these regulations have been complied with, shall be fined not less than $15.00 and not more than $300.00 or commitment to jail for a period not to exceed 90 days; and each day that a violation is permitted to exist ahall constitute a separate offense. SECTtON &. SKETCH PLAN. Subdividers shall prepare a- subdivision sketch plan for review by the Planning Commission. Such sketch plan will be considered as having been submitted for informal discussion between the subdivider and the Planning Commission. No fee shall be required of the sutxJivider for the submission of a sketch plan. Submission of a subdivision sketch plan shall not constitute formal filing of a plan with the Community. On the basis of the subdivision sketch plan. the Planning Commission will informally advise the subdivider of the extent to which the plan conforms to the Comprehensive Community Plan, design standards of this ordinance and to the other ordinances of the Community, County, and State will discuss possible modification necessary to secure approval of the plan. The subdivider should provide the Planning Commission with the following information: a) Site Location b) A rough sketch of the site showing its general shape and adjacent roadways, waterways, and any other significant features of the immediate area. c} Type of development proposed. d) A preliminary road layout and lotting arrangement indicating minimum proposed lot size. SECTION 7. PRELIMINARY PLAT. 7.01 State law provides that "in any municipality which had platting regulations in force, there shall be no conveyance of land described by metes and bounds if the conveyance is "less than 5 acres in area and 300 feet in width' ". 7.02 Procedure. Prior to platting and subdividing any tract of land into two or more lots, the following procedures shall be followed: a. The subdivider shall file 10 copies of the preliminary plat with the Clerk at least 14 calendar days before the next regular monthly meeting of the Planning Commission at which meeting said plat shall be considered. b. At the timeof the filing of the preliminary plat. the subdivider shall pay to the Community a fee of $25.00 for plats involving residential lots only, a fee of $50.00 for plats involving other than residential lots, plus $5.00 for each acre of land in all preliminary plats. The foregoing fees shall be used to defray the administrative expenses of the Community in connection with the review of said plat. Community expense incurred in employing the services of the Engineer, Attorney, Planner, and other professional consultants in connection with the review of said plat shall be reimbursed to the Community by the subdi vider. c. The Clerk shall refer 7 copies of the preliminary plat to the Planning Commission and one copy to the Engineer. d. The Engineer shall submit a written report to the Planning Commission. which shall deal with drainage, streets, and other engineering matters pertinent to said preliminary Plat. Said report sh~1I be submitted to the Planning Commission at least seven days prior to the public hearing prescribed by the following subsection. e. The Planning Commission shall hold a public hearing on the preliminary plat within thirty. days after said preliminary plat is filed with the Clerk. At said hearing all persons interested in the plat shall be heard. Noticeof time and place of said hearing and the full legal d~cription of the area to be subdivided shall be published once in the official newspaper of the Commonity at least ten days before the day of the hearing. The subdivider shall furnish the Clerk with the names and mailing addresses of the owners of all lands within 300 feet of the boundaries of the preliminary plat. and the Clerk shall give mailed notice of said hearing to said owners at least 10 days prior to the day of said hearing, although failure of any property owners to receive such notification shall not invalidate the proceedings. f. The planning Commission shall conduct the hearing on the preliminary plat and shall make its report to the Boardwithin lOdays after said hearing. It shall be the duty of the Planning Commission to determine whether the preliminary plat is compatible with the Comprehensive Community Plan and conforms with or exceeds the design standards established by this ordinance. The decision of the Planning Commission with regard thereto, together with its recommendations, shall be included in its report to the Board. g. After the Board receives the report of the Planning Commission the Board at its next regularly scheduled meeting shall act to approve or disapprove the preliminary plat. If the Board shall disapprove said plat, the grounds for any such disapproval shall be set forlh in the proceedings of the Board and reported to the subdivider within seven days thereafter. h. Approval of a preliminary plat by the Board is tentative only, subiect to the complainace with all requirements and recommendations as a basis for preparation of the final plat. i. At the time of the filing of the preliminary plat the subdivider shall submit to the Clerk a petition for rezoning to the proposed future use of said land if the land is not already so zoned. The owner of said land shall join in said petilion. j. Subsequent approval by the Board shall be required of all engineering considerations presented in the preliminary plat which include, but which shall not be limited to easements, water supply, sewage disposal. storm drainage, surface water storage, gas and electric services, road gradients and widths, and the surfacing of streets, prior to the approval of the fjnal plat by 'he Board. k. The Board shall act on the preliminary plat within 60 days of the date on which it was filed with the Clerk. If the report of the Planning Commission has not been received within said period. the Board shall act without such report. SECTION 8. REQUIRED PRELIMINARY PLAT DATA. It shall be a condition to the acceptance of a preliminary plat for filing with the Clerk that said plat shall include the data required hereunder. 8.01 Identification and Description. a. Proposed name of subdivision, which name shall not duplicate nor be alike in pronunciation to the name of any plat therefore recorded in the county wherein said land is situated. b. Full legal description of the land involved in said plat. c. Names and addresses of the owner and subdividel of the land, and the designer and surveyor of said plat. If the subdivider is not the fee owner of the land, the subdivider shall submit the written consent of the fee owner to the filing of the preliminary plat. d. Graphic scale of not smaller than one inch to fifty feet. e. North point. designated as true north. f. Date of preparation. g. Certification by Registered Land Surveyor certifying to accuracy of survey. 8.02 Existing Conditions. a. All boundary line survey. including measured distances and angles, which shall be tied into the ~earest quarter section or section line by traverse. b. Total acreage. Calculated to the nearest 0.1 acre. c. Existing zoning classifications for tract of land in, and within. 300' of the preliminary plat. d. Location and names of existing or platted streets and other publiC ways. parks and public open spaces, permanent buildings and structures, easements. and section and municipal boundary lines within the plat and to a distance of 100 feet beyond. e. If the preliminary plat is a re.arrangement or are. plat of any recorded plat. the lot and block arrangement of the original plat, its original name, and all revised or vacated roadways shall be shown by dotted or dashed lines. f. Location and width of existing streets (including type of surfacing), railroads, sanitary sewers, water mains. storm sewers. gas, telephone, electric. cable T.V.,culverts. grades, invert elevations and locations of catch basins. manholes and hydrants and any underground facilities within the plat and to a distance of 100 feet beyond. g. Boundary lines of land within 100 feet of the tract of land within the plat, and the name of the owner thereof, but including all contiguous land owner or controlled by the subdivider or owner of the tract proposed to be platted. h. Topographic data, including contours at verl,cal intervals of not more than two feet. except that where the horizontal contour interval is 100 feet or more, a one foot vertical interval shall be shown. Water courses. lakes, marshes. wooded areas. rock outcrops, drainage tile, and other significant physical features shall be shown. U. S. Geodetic survey datum shall be used for all topographic mapping where available. i. A copy of restrictive covenants. jf any. concernino all abutting land shall be filed with the preliminary plat. j. Soils. Such other data as may be requested by the Engineer. 8.03 Design Features. a. Layout of proposed streets, 'showing right.of.way widths and proposed names of streets. The name of any street heretofore used inthe Community or its environs shall not be used, unless the proposed street is an extension of an already named street. in which event said name shall be used. b. Locations and widths of pedestrian ways and utility easements. c. Profiles of existing and proposed centerline grades of streets, storm sewers, drainage ditches an" culverts; also. sanitary sewer and watermains where required by the Platting Authority. d. An overall grading plan showing existing contours at 2' intervals in dashed lines and proposed contours in heavier solid lines. Minimum basement floor elevations of all proposed buildings shall be shown. e. Layouts of lots and blocks with numbers of each. square footage of lots and lot dimensions scaled to the nearest foot. f. Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated or reserved for publiC use. including the size of such areas. g. Minimum front and side yard building setback lines as required by the zoning ordinances of the Community. h. Proposed mothod of disposing of surface water drainage within and beyond the limits of the plat. i. Whenever a portion of a tract of land is proposed for subdividing and said tract is large enough or is intended for future enlargement. a tentative plan for the future subdivision of the entire tract shall be submitted to the Planning Commission. 8.04 Additional Information to be Furnished: a. Statement of propoSed use of lots, i.e., whether residential, commercial. industrial or combination thereof. If residential. state type and number of dwelling units. Furnish sufficient details for all types of usage in order to reveal the effect of the subdivision development on traffic. fire protection and density of population. b. Source of water supply. c. Facilities for sewage disposal. d. if zoning changes are contemplated. the proposed zoning plan for the area. e. In areas affected by inadequate surface drainage or subjected to periOdiC flooding, furnish proposalS designated to make area safe for occupancy and to provide for adequate street and lot drainage. f. Flood plain management area boundaries for Coon Creek, Cedar Creek, and the Rum River. g. Proposals for street lighting. curb, gutter, sidewalks and boulevard improvements. h. Such other information as shall be requested by the Planning Commission or Engineer. SECTION 9. SUBDtVISION DESIGN STANDARDS. 9.01 General Requirements: a. The Planning Commission in its review of a preliminary plat shall determine whether the proposed subdivision is in conformity with the Comprehensive Plan, and shall take into consideration the requirements of the community and the best use of the land. Particular attention sha!1 be given to the arrangement, location and widths of streets. drainage and lot sizes and arrangements. b. The preliminary plat shall cover all of the owner's contiguous land, but the final plat may cover only a portion of the preliminary plat provided it is in conformity with the approved preliminary plat: c. Where the parcel of land is subdivided into tracts larger Ihan required for building lols. such Iracts shall be divided so as to allow for Ihe opening of streets and ultimate extension of adjacent streets. d. Unplatted portions of land (outlols) or private easements controlling access to public ways shall not be approved wilhin the plat. 9.02 Street Plan. a. The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive Plan, the approved standard street specifications, and all applicable ordinances, and all streets shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographical conveneince and safety, and in their appropriate relation to the proposed uses of the area to be served. b. The arrangement of streets in new subdivision shall make provision for the continuation of existing and future streets in adjoining areas. c. Nopreliminary plat shall be approved wherein lots front on the right.of.way of state, county, or Community Arterial or Collector roads. Such lots may front on service roads with entrances to the above or at intervals of 660 feet for Arterials and 330 feet for Collectors. 9.03 Streets. a. Widths. All right-of. way and roadway widths shall conform to tlie fOllowing minimum dimensions: Classification Right of Way Arterial Collector Minor Cul.de.sac Service Lim. Minor Street 100 feet 66 feet so feet 60 feet radius AOfeet .to feet Roadway w parking 26feet JOfeet 26feet 50 feet radius 26 feet 22feet without divided 32 2. 50 2. 22 Different widths may be required depending upon anticipated traffic volume. planned function of street and character of abutting land use. b. Deflections. Where horizontal street lines deflect from each other at any point more than 10 degrees, said street centerlines shall be connected by a curve with a radius of not less than 200 feet for minor streets and of such greater radii in the case of other streets as the planning Commission may determine. c. Grades. Street grades shall not exceed 7 percent for minor and collector streets and 4 percent for thoroughfares, and in no case shall they be less than 0.5 percent on streets with curb and gutter ; or 1 percent on rural sections. Grades within 30 feet of street intersections shall not exceed 3 percent. d. Vertical Curves. Different connecting street gradients shall be connected with vertical curves. Minimum length, in feet, of said vertical curves shall be 20 times the algebraic difference in the percentage of grade of the two adiacent slopes. e. Street Jogs. Street jogs' in minor and service streets shall have a centerline offset of not less than 150 feet. Street jobS shall be avoided in all. other streets. f. Minor Streets. Minor streets shall be so aligned that their use by through traffic will be discouraged. g. Cul-de.sacs. The maximum length of cul-de.sac streets shall be 500 feet measured along the center line from the intersection to origin ot the end of the right.of. way. Each cul.de.sac shall have a terminus of nearly circular shape with a minimum right.of.way diameter of 120 feet and a minimum roadway diameter of 100 feet. The property line at the intersection of the turn around and the straight portion of the street shall be rounded ata radius of not less than 20teet. h. Service Streets. In those instances where a subdivision abuts or contains an existing or planned thoroughfare or a railroad right-of.way, the Planning Commission may require a service street approximately parallel to and on each side of such right.of.way in order to provide protection to residential properties and to provide separation of through and local traffic. Such service streets shall be located at a suitable distance from the thoroughfare or railroad right.of.way inorder to provide for park use of the intervening land in residential districts, or to provide for commercial or industrial use of the intervening land in commercial or industrial districts. The requirements of approach grades and future grade separations shall be considered in establ ishing the separation distance between said service streets and the thoroughfare or railroad right.of.way. i. Half Streets. Half Streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the requirements of thisordinance,-and where the Planning Commission finds that it will be practicable to require the dedication of the other half of the street when the adjoining property is subdivided. j. Reserve Strips. Reserve strips contrOlling access to streets are prohibited. k. Private Streets. Private streets shall not be approved. All proposed streets shown on the plat shall be offered for dedication as publiC streets. 1. Adjoining property. Street rights.of.way shall not be planned so as to cause hardship to owners of adjoining property. m. Intersections. The angle formed by the intersection of streets shall not be less than 60 degrees, with 90 degree intersections preferred. Intersections of more than four corners are prohibited. Access to a street shall be not less than 60 feet from an intersection. n. Boulevard Sodding. In subdivisions where sewer and water is going to be installed 4" of topsoil and boulevard sodding shall be required. In others, 4" of topsoil shall be spread and seeded. o. Tangent. A tangent of at least 100 feet in length shall be introduced between reverse curves on thoroughfare and collector streets, and a tangent of at least 50 feet in length shall be introduced between reverse curves on all other streets except selected minor streets and lanes. p. Corners. Roadways of street intersections shall be rounded by a radiusof not less than 20feet. 9.04 Easements. a. Utility. Easements at least 20 feet wide, centered on rear and side lot lines shall be provided for utilities where required by the Platting Authority. Utility easements shall have continuity of aliQnment from block to block and lot to lot. Easements may be required along lot lines to rights.of-way so as to provide for street lighting. b. Drainage. Where a subdivision is traversed by a water course, drainage way or stream, a drainage easement conforming substantially with the lines of such water course shall be provided, with further width, as Shall beadequate for storm water drainage of the areas. 9.0~ Blocks. a. Lengths. The maximum length of blocks shall be 1320 feet. Pedestrian ways at least 10 feet wide may be required at the approximate center of blocks over 660 feet in length. Provisions for additional accessways 10 schools, parks, and other publiC grounds may be requi red. b. Off-street Areas. Blocks intended for commercial, industrial, or uses other than single family dwel1ings shall be so designated to provide adequate off.street areas for parking. loading, and such other facilities as shall be required by the Zoning Ordinance of the Community. c. Width. All blocks shall be so designed to provide for two tiers of lots unless conditions exist to render this requirement undesirable. 9.06 Lots. B. Minimum Lot Sileo The Minimum lot area and dimension shall be asspecified in the respective zoning districts of the Community Zoning Ordinance, and in addition, the following standardS shall apply: a (1). Water and Sanitary Sewer Areas. In areas served by public water and sanitary sewer systems, the maximum number of lots to be permitted in a plat shall be computed by subtracting from the total gross area of the plat the total dedicated street right.of.way and dividng the area remaining after said subtraction by 15,000 to determine the maximum number of lots perm itted in said plat. In no event shall a lot contain less than 13,000 square feet nor have a frontage of less than 85 feet at the building set.back line. No lot shall be larger than twice the average size of lots in said plat. a (2). Areas Lacking Water and Sanitary Sewer. In areas which are not served by public water and sanitary sewer systems, no lot shall be developed for residential purposes unless it contains a minimum of 39.000 square feet of land area and has a frontage of at least 165 feet at the building set.back line. The preliminary plat shall show a feasible plan for future re.subdivision by which lots may be re.subclivided to meet the size and dimension standards of lots in areas served by public water and sanitary sewer systems. b. Location. All lots shall have at least the minimum required frontage on a publicly dedicated street. c. Corner lots. Corner lots shall be platted at least 15 feet wider than interior lots. d. Bun Lots. The use of butt lots shall be avoided wherever possible. e. Water Courses. Lotsabutting upon a water course, drainage way, or stream shall have such additional depth or width as may be required to protect house sites from flooding and shall be subject to restrictions of the Department of Conservation Regulations and Statewide Standards and Criteria for Management of Stloreland Areas of Minnesota. f. Double Frontage. Lots with fr",ntage on 2 parallel streets shall not be permitted except where lots back on arterial streets or highways. Double frontage lots shall have an additional depth for screen planting along the rear lot line of 10 feet. g. Access to Ttloroughfarp.s. In those instances where a plat is adjacent to a limited access highway or other major highway or thoroughfare. no direct vehicular access shall be permitted from individual lots to such highway. h. Natural Features. In the subdividing of land, regard shall be shown for all natural features, including tree growth, water courses, historic places and similar ;lmenifies of the area, which if preserved will add attractiveness and stability to the area. L lot Remnants. Lot remnants which are belOW minimum lot area or dimension must be added to adiacent or surrounding lots rather than to be allowed to remain as an unusable outlot or parcel. 9.07 Parks, playgrounds, open Space. At the discretion of the Platting Authority the Developer shall be required to either: Public Sites and Open Spaces: Where a proposed park. playground, school site, drainage way or other publiC site as shown on the Comprehensive Development Plan is embraced in part or in whole by the boundary of a proposed subdivision and such public. sites are not dedicated, such publiC ground shall be reserved and no action taken towards approval of preliminary or final plat for a period not to exceed 90 days to allow the opportunity to consider and take action towards acquisition by the comminity, county, school district or other interested governmental body of such publiC ground. park or drainageway by purchase or other causes. Dedication of Parks or School Sites: In all new subdivisions, seven percent of the gross area subdivided shall be dedicated for public recreation space or school sites, with such seven per cent being in addition to property dedicated for streets, alleys, easements. or other publ ic ways. No areas may be dedicated for publiC use until such areas have been approved as being suitable and needed for the publiC health, safety, convenience, and.or general welfare. When the subdivision is too small for practical dedication of publiC land or if no land in the subdivision is suitable for such use. the subdivider Shall be required to pay a fee of fifty doHars ($50.00) per lot created or ten per cent of the market value of the land as determined by tax assessment records and formulas that apply thereto, whichever is greater. Lots created in any manner that are larger than five acres or 300 feet in width shall not be subject to paying a fee in lieu of public land dedication but may be SUbject to dedication of land for public use. SECTION 10. IMPROVEMENTS. CONSTRUCTION 10.01 General conditions. Upon receipt of preliminary plat approval by the Council and prior to Council approval of the final plat, the subdivider shall make provision, in the manner hereinafter set forth, for the installation, at the sole expense of the subdivider, of such improvements as shall be required by the Community, which improvements may include. but are not limited to, streets, sidewalks, publi'c water systems, sanitary sewer systems, surface and storm drainage systems, and publiC utility services~ The insta lIation of said improvements shall be in conformity with approved construction plans and specifications and all applicable standards and ordinances. 10.02 Performance Contract. Prior to the installation of any required improvements and prior to approval of thefinal plat, the subdivider shall enter into a contract with the Community which contract shall require the subdivider to construct said improvements at the sole expense of the subdivider and in accordance with approved construction plans and specifications and all applicable standards and ordinances. Said contract shall provide for the supervision of construction by the Engineer; and said contract shall require that the Community be reimbursed for all costs incurred by the Community for engineering and legal fees and other expenses in connection with the making of such improvements. The performance of said contract shall be financially secured by a cash escrow deposit or performance bond as hereinafter set forth. 10.03 Financial Security. The performance contract shall require the subdivider to make a cash escrow deposit or in lieu thereof to furnish a performance bond in the following amounts and upon the following conditions: a. Escrow Deposit. The subdivider shall deposit with the Treasurer a cash amount equal to 110 percent of the total cost of such improvements as estimated by the Engineer, inCluding the estimated expense of the Community for engineering and legal fees and other expenses incurred by the Community in connection with the making of such improvements. b. Performance Bond. In lieu of a cash escrow Cleposit. the subdivider may furnish a performance bond, with a corporate surety satisfactory to the Community, in a sum equal to 110 percent of the total cost of such improvements as estimated by the Engineer, including th~ estimated expense of ihe Community for engineering and legal fees and other expenses incurred by the Community in connection with the making of such improvements. c. Conditions. The performance contract shall provide for a completion date on which all of the required improvements shall be fully installed, completed and accepted by the Community. The completion date shall be determined by the Council after consultation with the Engineer and the subdivider, and shall be reasonable in relation to the construction to be performed. the seasons of the year and proper correlation with construction activities in the subdivision. The performance contract shall provide that in the event the required improvements are not completed within the time allotted, the Community Shall be allowed to exercise its power to recover on the performance bond or utilize the escrow deposit to complete the remaining construction to Community standards and specifications. In the event the amount of funds recovered is insufficient to cover the cost of construction, the Council may assess the remaining cost to the lands within the subdivision. 10.04 Construction Plans. Construction plans and specifications for the required improvements conforming in all respects with the standards and ordinances of the Community shall be prepared at the expense of the subdivider by a Professional Engineer registered by the State of Minnesota. Such plans and specifications shall be approved by the Engineer and shall become a part of the performance contract. Two prints of said plans and specifications shall be filed with the Clerk. OF 10.05 Inspection. All required improvements shall be inspected during the course of construction by the Engineer and acceplance of said improvements by the Community shall require the prior written certification by the Engineer that said improvements have been constructed in compliance with the. plans and specifications. 10.06 Prior Improvements. Improvements which have been completed prior to application for final plat approval or execution of the performance contract shall be accepted as equivalent improvements provided' :e Engineer shall certify in writing that said improvements conform to Community standards. 10.07 As Built Plans. upon completion of installation of all required improvements, the subdivider shall file with the Clerk a reproducable tracing and two copies of piansand specifications showing all improyements as finally construc'ed and installed. 10.08 Street Improvement Standards. I. With Sewer and Water a. Grading. The full width of the right-Of-way of each streel shall be graded, including the subgrade of the areas to be paved, in accordance with,the standards and specifications which have been adopted by resolution of the Town Board. b. Paving. All streets shall be paved with concrete or bituminous surfacing in accordance with the standards and specifications which have been adopted by resolution of the Town Board. c. Sodding. The portion of the street right-af.way beyond the paved surface shall receive .4" of topsoil and be sodded. d. Curb and Gutter. Concrete curb and gutter shall be insta lied on both sides of the paved surface of all streets except lanes_ e. Private Driveways. All privatp. driveways providing access to publiC rights.of.way shall approach at grade level, shall be hard surfaced, and if serving two adjOining lots abutting the publ ic right.of. way shall beaf a width designated by the Community. 1. Street Signs. Street signs of a design approved by the Community shall be installed at each street intersection. g. Screen planting as required by the Platting Authority. II. In Subdivisions Wifhout Sewer and Water a. Grading. The full width of the right.of-way of each street shall be graded, including the subgrade of the areas to be paved, in accordance with the standards and specifications which have been adopted by resolution of the Town. Board. b. Temporary road surface and dust coat as shown in Community Standards. c. Topsoil and sod or seeding consisting of a minimum of .4" of topSOil with.4 poundsof seed per 1,000 sq. ft. Seed shall be equivalent to M.H.D. Mixture No. 15. e. Driveways need not be hard surfaced. f. Street Signs. Street signs of a design approved by the Community shall be installed al each street intersection. g. Screen planting as required by the Platting Authority. 10.09 Drainage Facilities. Storm sewers, culverts and water drainage facilities shall be required when in the opinion of the Engineer such facilities are necessary to insure adequate drainage for the area. All such drainage facilities Shall be constructed in accordance with standards and specifications established by the Community. 10.10 Subusrfdce Conditions. The subdivider shall cause tests to be made of subsurface conditions to determine the nature and extent of subsurface soil, rock and water. Tile location and results of said tests shall be made available to the Community. 10.11 Water and Sanitary Sewer Systems. Vll'here connection with the Community water and sanitary sewer systems is deemed feasible by the council, the subdivider shall be required to install wa'er and sanitary sewer mains and services in the subdivision in addition to permanent streets. 10.12 Sidewalks and Pedestrian Ways. VVhere sidewalks and pedestrian ways are required by the Community they shall be hard surfaced in accordance with Community Standards. Grades shall be approved by the Engineer. Sidewalks shall be placed in the public right.of.way one foot from the property line and shall be at least 5 feet wide. 10.13 Public Utilities. a. Underground Utilities. All telephone, electric and gas service lines shall be placed underground within dedicated publiC ways or recorded easements in such manner as not to conflict with other underground services and in accordance with Community standards. All underground installation of service lines within street rights.of.way shall be completed prior to street surfacing. Upon completion of the installation of undergroU'nd service lines in dedicated pUblic ways, a tracing and two copies of plans and specifications showing the completed installation shall be filed with the Clerk. b. Utility Poleo;. All utility poles, except those providing street lighting, shall be placed in rear lot line easements. c. Easements. All underground utility service lines, including water, drainage and sanitary sewer systems, which traverse private property shall be installed within recorded easements. 10.14. Non-Conformance. A.ny non. conformance with the standards and ordinances of the Community in the installation of the required improvements by the subdivider or his agents shall be cause for the Engineer to order cessation of all construction with the subdivision. In such event. no further construction shall be allowed. SECTION 11. FINAL PLAT. 11.01 Procedure. Prior to Council approval of a final plat, the following procedures shall be followed: a. Filing of Final Plat. Within 6 months following approval of the preliminary plat, unless an extension of time is requested in writing by the subdivider and granted by the Council, the subdivider shall file 7 copies of fhefinal plat with the Clerk and shall pay a filing fee therefor of $10.00. The final plat shall incorporate all changes required by the Council, and in all other respects it shall conform to the preliminary plat as approved. If the final plat is not filed within six months following approval of the preliminary plat, the approval of the preliminary plat shall be considered void. The final plat may constitute only that portion of the preliminary plat which the subdivider proposes to record and develOp at that time, provided that such portion shall conform to all requirements of this ordinance, and provided further that the remaining portion or portions of the preliminary plat not submitted as a final plat shall be subject to the right of the Community to adopt new or revised platting and subdivision regulations. b. Filing of Abstract. At the time of filing the final plat with fhe Clerk, the subdivider shall also file with said Clerk an abstract of title or registered property abstract, certified to date, evidencing ownership of the premises involved in the plat. c. Reference. The Clerk shall refer copies of the final plat to the Engineer, and shall refer the abstract to the Attorney for their examination and report. d. Reports. The Engineer and Attorney shall submit their reports to the Council within 15 days after the filing of the final plat. The Engineer 'shall state whether the final plat and the improvements conform to the engineering and design standards and specifications of the Community. The Attorney shall state his opinionas tothe title of the premises involved. e. Fees. The subdivider shall pay the fees of the Engineer and Attorney for their services and reports rendered in connection with the final plat. ., . f. Compliance with Law. The final plat shall be prepared in accordance with all applicable State laws and County ordinances. 11.02. Council Action. The (ounci I shall act on the final plat within 60daysof the date on which itwas filed with the Clerk. The final plat shall not be approved if it does not conform to the preliminary plat including all changes required by the Council, or does not meet the engineering and design standards and specifications of the Community. 11.03 Recording. Following approval of the final plat by the Council, the Clerk shall promptly notify the subdivider of said approval and within 30 days thereafter, the final plat shall be recorded with the Register of Deeds or Registrar of Titles of Anoka County. The subdivider shall forthwith furnish the Clerk with a tracing and 3 copies of the final plat as recorded. showing evidence of the recording on said copies. Failure of the subdivider to comply with the requirement of recording shall be cause for rescission Of approval. 11.04 Required Final Plat Data. It shall be a condition to the approvlll of a final plat that the following data shall be shown on said plat or shall be furnished therewith: a. Municipal, township, county or section lines accurately tied to the boundaries of the subdivision by distances and angles. b. Accurate angular and lineal dimensions for all lines, angles and curvatures used to describe boundaries. streets, easements, areas reserved for public use, and other important features shall be shown. Complete curve data shall be shown, including radii, internal angles, points and curvatures, tangent bearings, and lengths of all arcs. Dimensions of lot lines shalt be shown in feet and hundredths of feet. No ditto work shall be permitted in indicating dimension. c. Official monuments as designated and adopted by the County Surveyor and approved by the District Court for use as judicial monuments shall be set at each corner or angle of the outside boundary of the final plat. Location and ties of all monuments shall be shown. d. Pipes or steel rcds shall be placed at each corner of each lot and the location thereof shall be shown. e. An identification system for all lots and blocks shall be shown. f. Streets shall be named and all names shall be shown. A sequence of street naming shall be followed consistent with the pattern that has been established in the area. g. In the event the final plat is a re.plat of an earlier subdivision, the original platting of the subdivision shall be shown and identified by dotted lines. h. Judicial and county ditches shall be shown by dimensions and angles as determined from county records. 1. Low land and water areas shall be indicated by an identification symbOl. j. The maximum highwater level as defined in the Department of Conservation RegUlations and Statewide Standards and Criteria for Management of Shoreland Areas of Minnesota. k. All utility and drainage easements, and the dimensions thereof, shall be shown. L The names and platting of adjoining subdivisions shall be shown and identified by dotted lines to a distance of 100 feet from the boundaries of the subdivision under consideration. Lot, block and street arrangements Of such adjoining subdivisions shall be shown. Where adjacent land is unpiatted, it shall be so indicated. m. Before any residential plat may b.e approved and before any permit may be issued for a residence therein, the subdivider shall first present competent proof that thenatural ground water level at all times in said subdivision is not less than3 feet below the level of the lowest portion of the proposed structure, or that a satisfactory system of ground water control will be constructed as an integral part of the proposed residential subdivision. SECTION 12. REGtSTERED LAND SURVEYS. The provisions of this ordinance shall apply to all registered land surveys within the Community, and the standards, regUlations and procedures hereof shall govern the subdivision of land by registered land survey. Building permits shall be withheld on tracts which have been subdivided by unapproved registered land surveys; and the Community shall decline to accept tracts as streets or roads or to improve, repair or maintain such tracts within an unapproved registered land survey. SECTtON 13. EASEMENTS. Prior to the submission of a final plat, registered land surveyor land subdivision to the Council for approval, the subdivider shall furnish the Community with all easements for utilities, drainage, street rights. of.way, surface water ponding, and such other public uses as shall be found to be necessary, convenient or desirable by the Community. Said easements shall be in proper form for recording in the Office of the Register of Deeds or Registrar of Titles. Duplicate certificates of title shall be made available for the filing of easements on registered land. No final plat shalt be approved by the Council until there has been fult compliance with this section. SECTION 14. RESTRICTIONS ON FILING AND RECORDING CONVEYANCES. 14.01 Restrictions on Filing and Recording. In accordance with applicable State law, no conveyance of land to which the regulations are applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21. 1961 or to an unapproved plat made after such regulations become effective. The foregoing provision does not apply to a conveyance if the land described: (1) was a separate parcel of record April 1, 19.45 or the date of adoption of subdivision regulations under Laws WAS, Chapter 287, whichever is the later, or of the adoption of subdivision regulations pursuant to a home rule charter, or (2) was the SUbject of a written agreement to convey entered into prior to such ti me, (3) was a separate parcel of not less than two and one-half acres in area and 150 feet in width on January 1. 1966 or is a single parcel of land not less than five acres and having a width of not less than 300 feet. II' any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failuretocomplydoes not interfere with the purpose of the subdivision regulations, the platting authority may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions Of this subdivision shall forfeit and pay to the municipality a penalty of not less than 5300.00 for each lot or parcel so conveyed. A municipality may enjOin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. 14.02 Hardship. In any case in which compliance with he foregoing restrictions will create an unnecessary lards hip and failure to comply does not interfere with the purpose of this ordinance, the Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded_ 14.03 penalty. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this section shall forfeit and pay to the Community a penalty of not less than 5100 for each lot or parcel so conveyed. The Community may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. SECTION 15. PLATS PREVIOUSLY APPROVED. All preliminary or final plats, registered land surveys, or other subdivisions of land approved by the Town Board but not filed with the Register of Deeds under previous ordinances shall not be subject to requirements of this ordinance, provided said subdivision isfiled within 6 months of the effective date of this ordinance. SECTION 16. PERMITS 16.01 Improvements. All electric and gas distribution lines or piping, roadways, walks and other similar improvements shall be constructed only on a street, or other public way or easement which is designated on an approved plat, or properly indicated on the official map of 1he Community, or which has otherwise been approved by the Council. 16.02 Access. No permit for the erection of any building shall be issued unless such building is to be located upon a parcel of land abutting on a street or highway which has been designated on an approved plat, or on the official map of the Community, or which has been otherwise approved by the Counci I. This limitation on issuing permits shall not apply to planned unit developments approved by the Council pursuant to the Zoning Ordinancp.. 16.03 Limitations. No building permit shall be issued for the erection of any building on any land conveyed in violation of the prOVisions of this ordinance. No permit shall be issued for the erection of any building on any tract of land described by metes and bounds and consisting of less than 5 acres and having a width ot less than 330 feet. SECTION 17. VARIANCES. 17.01 Hardship. The Council may grant a variance from the requirements of this ordinance as to specific tracts of land where it is shown that by reason of topography of other physical conditions strict compliance with these requirements could cause an exceptional and undue hardship to the enjoyment of a subStantial property right; provided, that a variance may begrantedonly if the variance does not adversely affect the adjacent property owners and Comprehensive Plan or the spirit and intent of this ordinance. 17.02 Procedure. Written application for a variance shalt be filed with the Clerk, and shall state fully all facts relied upon by the applicant. The application shall be supplemented with maps, plans or other data which may aid in an analysis of the matter. The application shall be referred to the Planning Commission for its recommendation and report to the Council. 17.03 Council Action. N? variance shall be granted by the Council unless it shall have received the affirmative vote of a majority of the full Councii. SECTION 18. VIOLATION AND PENALTY. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of 8 misdemeanor, and upon conviction thereof shall be punished by a fine of not more than 5300 or by imprisonment not to exceed 90 days or both for each offense. The platting, replatting, subdividing or conveyance of land not in accordance with the requirements of this ordinance may be enforced by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. SECTION 19. REPEAL. All ordinances or portions thereof in conflict with the provisions of this ordinance are hereby repealed. SECTION 20. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Council this 15th day of February, 1972. . Lou Appleby CHAI RMAN ATTEST: Mary L. West CLERK abcdefghi ikl mnopqrstuvwxyz Published in Anoka Co. Union Feb. 25, 1972 TOW,",SHIPOFGROW COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. lOA AN ORDINANCE AMENDING ORDINANCE NUMBER 10 ADOPTED FEBRUARY 25, 1972, AND ENTITLED "AN ORDINANCE ESTABLISHING THE TOWN BOARDAS THE PLATTING AUTHORITY OF THE TOWN, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE SUBDIVISION AND PLATTING OF LAND WITHIN THE TOWN, AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE." Provisions being amended are in parentheses and bold face. The Town Board of the Township of Grow does or- dain: SECTION 1. Ordinance Number 10, adopted on February 25, 1972, and entitled "AN ORDINANCE ESTABLISHING THE TOWN BOARD AS THE PLATTING AUT-HORITY OF THE TOWN, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE SUBDiViSION AND PLATTING OF LAND WITHIN THE TOWN, AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE" is amended to read: SECTION 4. DEFINITIONS. SKETCH PLAN is an informal drawing or sketch of the proposed development submitted to the Clerk (one or more members of the Planning Commission) for consideration prior to submittal of preliminary plat. SECTION 7. PRELIMINARY PLAT. 7.01 There shall be no conveyance of land described by metes and bounds if the conveyance is less than 20 acres in area and 300 feet in width. (Less than 5 aCres in area and 300 feet in width) 7JJl.a The subdivider shall file 10 copies of the preliminary plat with the Clerk at least 23 calendar days (14 calendar days) before the next regular monthly meeting of the Planning Commission at which meeting said plat shall be considered. 7Jll-e The Planning COmmission shall hold a public hearing on the preliminary plat within sixty days (thirty days) after said preliminary plat is filed with the Clerk. At said hearing all persons interested in the platshall be heard. Notice of time and place of hearing and the full legal description of the area to be sub. divided shall be published once in the official newspaper of the community at least ten days before the day of the hearing. The subdivider shall furnish the Clerk with the names and mailing addresses of the owners of all land within 350 feet of the boundaries of the p-eJiminary plat. and the Clerk shall give mailed notice of said hearing to said owners at least ten days priortothedayof said hearing, although failure of any property owner to receive such notification shall not invalidate the proceedings. SECTION 9. SUBDIVISION DESIGN STANDARDS. 9.03-i HALF STREETS. Half streets shall be prohibited except where necessary to complete the right-of-way of an existing half street. (Half streets shall be prohibited except where essential to the reasonable development of the subdivision in con- formity with the requirements of this ordinance, and where the Planning Commission finds that it will be practicable to require the dedication of the other half of the street when the adjoining property is subdivided.) 9.00.p CORNERS. Rights-ot-way (roadways) Of street intersections sha II be rounded by a radius of not less than 20 feet. 9,(J! Dedication of Parks or School Sites: In all new subdivisions, industrial Plats, and commercial sites, (amendment adds industrial plats and commercial sites to section) ten percent (seven percent) of gross area subdivided shall be dedicated for public recreation space or school sites, with such ten percent (seven percent) being in addition to property dedicated for streets, alleys, easements, or other public ways. No areas may be dedicated for public use until such areas have been approved as being suitable and needed for the p;blic health, safety, convenience and-or general welfare. When the subdivision istoo small for practical dedication of public land or if no land in the subdivision is suitable for such use, the SUbdivider shall be ~ required to pay a fee of one hundred dollars ($100.00) ($SO.OO) per lot created or ten percent of the market value of the land as determined by tax assessment records and formulas that apply thereto, whichever i~ ~ Lots cre in any manner that are larger than five acres r 300 eet in width shall not be subiect to paying a fee in I u of public dedication but may be SUbject to dedicatior of land for public use. SECTION 10. J ~Q~STRUCTION M9f. IM- PROVEMENTS. {)I;':J. 'I..... (UJcu ~C lOG 10.(J3.a Escrow Deposit. The subdivider shall deposit with the Treasurer a cash amount equal to 150 percent (110percent) of the total cost ot such improvements as estimated by the Engineer, including the estimated expenses of the Community for engineering and legal fees and other expenses incurred by the Community in connection with the making of such improvements. 10.03.b Performance Bond. In lieu of a cash escrOW deposit, the subdivider may furnish a performance bOnd, with a corporate surety satisfactory to the Community in a sum equal to 150 percent (110 percent) of the total cost of such improvements as estimated by the 8lgineer, including the estimated expense Of the commmity for engineering and legal fees and other expenses incurred by the community in connection with the making of such improvements. 10.09 Drainage Facilities. Storm sewers, culverts andwater drainage facilities shall be required when in the opinion Of the Engineer such facilities are necessary to insure adequate drainage for the area. All such drainage facilities shall be constructed in ac- cordance with standards and specifications established by the Community. Drainage facilities shall be provided to convey surface water to publicly owned or controlled drainage facilities. (Amendment adds last sentence of section.) SECTION 11. FINAL PLAT. 11.o1.a Filing of Final Plat. Within 6 months following approval of the preliminary plat, unless an extension of time is requested in writing by the sub. divider and granted by the Council" the subdivider shall file 7 copies of the final plat and three copies Of imprCNement plans and specifications with the Clerk (file 7 copies of the final plat with the Clerk) and shall paya filing fee therefor of $10.00. The final plat shall incorporate all changes required by the Council, and in all other respects it shall conform to the preliminary plat as approved,jf,the !i,nalpl~t is nc;>t_ fiI~ ~ithln sIX~"'~.' months foll()wirfg approval of the preliminary plat,. the approv~1 ~.~he 'preliminary .PI.at.Sh~ry,.b,ec~onsid.e.reCf void. T.fui'fin~1 pl.:lJmayc~~nsfitute o,nfvl~~tportion of the preli-~inary' piat which 'the SUbdivide-': proposes 10 record-an'ddeVel?p at. ,thattirne,. f:>ro~ided that suc." pOrlipn Shal~ C~flfor~ to' aj'(requ,frerryen'ts of this or. dfnarx:e.. arid' providedfuHher. that the remaining porti~ 'Orportions of t,he prefiminari plat not sub. mit1e~,a's a final pl~t 'shan be sUbiect to the right of the Community 10. adQpt new' or revised platting and subdivision regulati6ns. SECTION 14. RESTRICTIONS ON FILING AND RECORDING CONVEYANCES. 14.01 Restrictions on Filing and Recording. No conveyance of land to which the regulations are ap. plicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after such regula~flS become effective. The foregoing proviSion doeS1jot~.apply to a conveyanoe'lf the land described:. .. (1) was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws1945 Chapter 287, whichever is the later, or of the adoption of subdivi~ons pursuant to a home rule charter, or ~ (2) was the subject of a written agreement to convey entered into prior to such time, (3) was a separate parcel of not less than two and one.half acres in area and 150 feet in width on January 1,1966 or is a Single parcel of land not less than 20 acres (not less than five acres) in area and having a width of not less than 300 feet. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the platting authority may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this subdivision shall forfeit and pay to the municip~lity a penalty of not less than $300.00 for each lot or parcel so conveyed. A muniCipality may enjOin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. SECTION 2. Ordinance21 of the Township of Grow is hereby repealed. SECTION 3. This ordinance becomes effective from and after its passage and publication. Passed by the Town Board this 10th day of Sep- tember 1974. TOWNSHIP OF GROW -s- Richard Schneider Chairman ATTEST: -s- Arthur Jaworski Clerk. abcdefghi jkl mnopqrstuvwxyz published in Anoka Co. Union sept. 13, 1974 ,J-,,"> r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. lOB AN ORDINANCE AMENDING ORDINANCE NO. lOA, ADOPTED SEPTEMBER 10, 1974, AND KNOWN AS THE SUBDIVISION AND PLATTING ORDINANCE The City Council of the City of Andover does hereby ordain: Section 1. The following sections of Ordinance lOA are amended to read as follows: Section 7. Preliminary Plat. 7.01. There shall be no conveyance of land described by metes and bounds if the conveyance is less than 5 acres in area and 300 feet in width. Section 14. Restrictions on Filing and Recording Conveyances 14.01 (3) was a separate parcel of not less than two and one-half acres in area and 150 feet in width on January 1, 1966 or is a single parcel of land not less than 5 acres in area and having a width of not less than 300 feet. Section 2. This ordinance shall take effect and be in full force after it's adoption and publication as required by law. Adopted by the Andover City Council on this ....5..t.h day of Oete13er 1976. CITY OF ANDOVER .' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10C AN ORDINANCE AMENDING ORDINANCE NO. 10, ORDINANCE NO. lOA, AND ORDINANCE NO. lOB, AN ORDINANCE KNOWN AS THE SUBDIVISION ORDINANCE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10, adopted February 15, 1972, Ordinance No. lOA, adopted September 10, 1974, and Ordinance No. lOB, adopted October 5, 1976, are hereby amended to read: (Provisions being amending are so indicated) Section 9 .... Subdivision De sign Standards Subsection 9. 06 - Lots a(l) (Wat8l'-and.) Municipal Sanitary Sewer. In areas served by municipal sanitary sewer systems (pub-li.G..wa.t-e-l"-a:aQ-sa.n.ital'y-se.wEll1 iiy-st8m,.8-,- tlae -rna;g:,im,.u-IR-:a"lunb.e-r-.oi -lQts -1:-0-18 -p6-l'-IR-itt-eQ-i-n a-Flat- slaaU 18 -GOmput 8Q -b.y. -s:ubt l1a Gt.ing- :&r4m- the. t Qta.-l- g l1Q s s -a.-r-e.a.- -oi -th-e- fllat-the t.ota.J. -dOOi-cateQ -s-t-l"-e-et -r-ight - Q:&-wa y -a.-nd. :9.-i vidin-g- the. a-l"-ea- l' (,nna.m,i:ag -b.y }, S rOO 0 --to- Q@t.e-r-n:lm @ -the-~im,"II.m,. mln:l.1 8 l1-O-f- J..ot..s- F@ l1m,.itt.e.d- -i:a..s-a.id- FJ.a.t.) no lot shall contain less than 13,000 square feet nor have a width of Ie s s than 85 feet at the building set back line. No lot shall be larger than twice the average size of lots in said plat. a(2) Areas Lacking (Wa.te-l"-a:aQ) Municipal Sanitary Sewer Within the Urban Service Area. In areas lacking (wlai-Gh ~-e-:aQt.-6-e-l"'V-eQ-1y-pu-b.l,iG watel1) municipal sanitary sewer within the Metropolitan Urban Service Area ................. a(3) Areas Lacking Municipal Sanitary Sewer Outside the Metropolitan Urban Service Area. In areas which are not served by municipal sanitary sewer and outside the Metropolitan Urban Service Area, no residential lot shall be developed for residential purposes unless it contains a minimum of 108,900 square feet, of which 39,000 square feet of land area is buildable, and has a width of at least 300 feet at the building set back line. The preliminary plat shall show a feasible plan for future re-subdivision by which lots may be re -subdivided to meet the size and dimension standard s of lots in areas served by municipal sewer. These provisions shall not apply to plats approved by the City prior to October 17, 1978. Subsection 9.06 - Lots c. Corner Lots. than interior lots set back like. Corner lots shall be platted at least 15 feet wider on all lots of les s than 300 feet in widtil at the building Section 10 - Construction of Improvements Subsection 10.08 Street Improvement Standards 1. With Municipal Sanitary Sewer and/or Water II. In Subdivisions Without Municipal Sanitary Sewer and/orWater Section 16 - Permits Subsection 16.03 - Limitations. No building permit shall be issued for the erection of any building on any land conveyed in violation of the provisions of this ordinance. No permit shall be issued for the erection of any building on any tract of land described by metes and bounds and consisting of less than 5 acres and having a width of less than 300 (.;3.;3.o~ feet. Section 17 - Variances Subsection 17.01 Hardship. The Council may grant a variance from the require- ments of this ordinance as to specific tracts of land where it is shown that by reason of topography or (o:t:.) other physical conditions strict compliance with these requirements could cause an exceptional and undue hardship to the enjoyment of a substantial property right; provided, that a variance may be granted only if the variance does not adversely affect the adjacent property owners and Comprehensive Development Plan or the spirit and intent of this ordinance. Section 18 - Violation and Penalty: Any person, firm or corporation violating any of the provisions of this ordiaance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law (a-f.m@-O-f-];loj;.=o~@-than-$JOOrOO_o.r_ -by-im.-p;r-iSO];ll:ne-Dt-];lot 1;.0. -e'X.c-e-ed- 90 -da.-~s- -O~- 90th. io~-e-a.c;h. .oi:fa.n-se-. ) Adopted by the City Council of the City of Andover this 17th day of October 1978. CITY OF ANDOVER ATTEST: .....""'((. LJ~ JetJy W' dschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10D AN ORDINANCE AMENDING ORDINANCE NO. 10 AND ORDINANCE NO. lOA, SECTION 9.07, ENTITLED PARK, PLAYGROUNDS AND OPEN SPACE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10, adopted February 15, 1972 and Ordinance No. lOA, adopted September 10, 1974, are hereby amended to read: SECTION 9. SUBDIVISION DESIGN STANDARDS 9.07 PARKS, PLAYGROUNDS; OPEN SPACE AND PUBLIC USE. 9.07.1 Lands for Public Use or Other ProVisi6ns. Pursuant to Minnesota Statute, Chapter 462.358, as amended, the City Council of the City of Andover shall require all owners or developers, as a prerequisite to approval of a plat, subdivision or development of land, to convey to the City or dedicate to the pUblic use, for park or playground purposes, a reasonable portion of the area being platted, subdiVided or developed as hereinafter specified. Said portion to be approved and acceptable to the City or in lieu thereof, the owners or developers shall, at the option of the City, pay to the City for the use in the acquisition of public parks, open space and playgrounds, development of existing public park and playground sites, and debt retirement in connection with land previously required for public parks and playgrounds, an equivalent amount in cash based upon the undeveloped land value of that portion of said land that would have otherwise been required to be dedicated. The form of contribution (cash or land) shall be decided by the City based upon need and conformance with approved City plans. 9.07.2 Dedicated'LartdRequirements. Any land to be dedicated as a requirement of this section shall be reasonably adaptable for use for active park and recreation purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, tree cover, access and location. 9;07.3 Startdardsf6rDetermination. The Park and Recreation Commission shall recommend to the City Council adoption of the Comprehensive Park Development Plan for determining what portion of each such development should reasonably be required to be so conveyed or dedicated. Such Comprehensive Park Development Plan may take into consideration the zoning classification assigned to the land to be developed, the particular proposed use for such land, amenities to be provided and facto~s of density and site development as proposed by the owners or developers. The Park and Recreation Commission shall further recommend changes and amendments to the Comprehensive Park Development Plan to reflect changes in the usage of land which may eccur, changes in zoning classifications and concepts and changes in planning and development concepts that relate to the development and usages to which land may be put. ., ., n ".",., ?, t\ '-,r," 5:Jt 9.07.4 Park andRecreati6nC6mmissi6n'Rec6mmendati6n. The Park and Recreation Commission shall, in each case, recommend to the City Council the total area and location of such land that the Commission feels should be so conveyed or dedicated within the development for park, playground, open space and public use purposes. 9.07.5 Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the owners or developers in lieu of a conveyance or dedication of land for park, playground, open space or public use purposes, the Park and Recreation Commission shall recommend to the City Council the amount of cash said Commission feels should be so contributed. Such recommendation shall be based on the market value of the undeveloped land that would otherwise have been conveyed or dedicated. 9.07.06 Market Value of Lands. "Market Value", for the purposes.,df this ordinance shall be determined as of the time of the final plat without improvements in accordance with the following: a. The Park and Recreation Commission and owners or developers may recommend as to market value. b. The City Council, after reviewing the Park and Recreation Commission's recommendation, may agree with the owner or developer as to the market value. If agreement is not reached in this manner, then the market value shall be determined by an accredited appraiser, agreed upon by the City Council and the owner or developer, at the expense of the owner or developer. Such appraisal shall be accepted by the City Council and the owner or developer as being an accurate appraisal of "market value". 9.07.7 Density-and Open Space Requirements. Land area so conveyed or dedicated for park, open space and playground purposes may not be used by an owner or developer as an allowance for purposes of calculating the density requirements of the development as set out in the City Zoning Ordinance. The land shall be in addition to, (except for 9.07.8), and not in lieu of, open space requirements for Planned Unit Developments pursuant to the City Zoning Ordinance. 9.07.8 Creditf6r Private Open Space. Where private open space for park and recreation purposes is provided in a proposed non-residential development and such space is to be privately owned and maintained by the owner of that non-residential development, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do so and that the following standards are met: a. That yards, court areas, setbacks and open space required to be maintained by City Ordinances shall not be included in the computation of such private open space; n . r"""':()e: ., .r~ ~~,. " .~ n ~f, , .. ~. ., (''\ -':": ",1'-'" ,-r~- b. That the private ownership and maintenance of the open space is adequately provided for by written agreement; c. That the private open space is restricted for park and recreation purpose by recorded covenants which run with the land in favor of the owners of the property within the non-residential development and which cannot be eliminated without the consent of the City Council; d. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space; e. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the Comprehensive Plan, and are approved by the City Council,and; f. That where such credit is granted, the amount of credi t shall not exceed one hundred (100) percent for the non-residential development of the amount calculated under Section 9.07.10. 9.07.9 Park and Recreation Commission AdmirtistrativeProcedures. The Park and Recreation Commission shall establish such administrative procedures as they may deem necessary and required to implement the provisions of this Ordinance. 9.07.10 Dedicated Lartd, Mirtimtini.Area. Developers of land within the City of Andover shall be required to dedicate to the City for park, open space and playground purposes as a minimum that percentage of gross land area as set out below: a. Residential Dwelling Units/Acre (Gross Density) Req1i.irement o - 3 10% Over 3 Add two (2) percent to dedication requirements for each additional dwelling unit over three (j) units per gross density. b. Commerical-Industrial 10% Adopted by the City Council of the City of Andover this 7th day ofA1i.g1i.st, 1979. CITY OF ANDOVER (L~/ W-' /L ~;e/ ~ y( ", c )i"L"":; , "i.) 'i;" , _.~n -; CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10E AN ORDINANCE AMENDING ORDINANCE NO. 10, EFFECTIVE FEBRUARY 15, 1972, AN ORDINANCE KNOWN AS THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10, effective February 15, 1972, is hereby amended as follows: SECTION 16 PERMITS 16.02 Access. No permit for the erection of any building shall be issued unless such building is to be located upon a parcel of land abutting a public street right of way which has been accepted and is currently maintained by the City, or which has otherwise been approved by the City Council. This limitation on issuing permits shall not apply to planned unit developments approved by the City Council pursuant to the Zoning Ordinance. Adopted by the City Council of the City of Andover this 19th day of February, 1980. CITY OF ANDOVER ATTEST: b /)LJ~:/.# J ry W . dschi tl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10F AN ORDINANCE AMENDING ORDINANCE NO. 10. EFFECTIVE FEBRUARY 15. 1972. AN ORDINANCE KNOWN AS THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10. effective February 15. 1972. is hereby amended as follows: SECTION 8.04 ADDITIONAL INFORMATION TO BE FURNISHED (i) A location map showing the plat location in the City. The location map shall have an approximate scale between 1''=1500' and 1"-2000' and shall be of sufficient size to locate the plat relative to the nearest County Roadways. The location map shall show the proposed street layout and the layout of all existing streets platted or unplatted. within one-half mile of the proposed plat. The streets and roadways shall be labeled with their proposed or existing names, Adjacent platted areas shall be labeled with their plat name, (j) The preliminary plat shall show the number of linear road miles within the plat, Adopted by the City Council of the City of Andover this 18th day of August . 1980. CITY OF ANDOVER hlAJ~ Jerry Windschitl. Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. lOG AN ORDINANCE AMENDING ORDINANCE NO. 10, EFFECTIVE FEBRUARY 15, 1972, AN ORDINANCE KNOWN AS THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10, effective February 15, 1972, is hereby amended as follows: SECTION 8.03 DESIGN FEATURES (i) Whenever a portion of a tract of land is proposed for subdividing and said tract is large enough or is intended for future subdivision, a ee~e6eive plan for the future subdivision of the entire tract shall be submitted to the Planning Commission. Such future subdivision shall include: proposed lots, road easements for cross streets, utility easements, and such other data as required for future subdivisions. When an individual applies for a building permit on such a. lot, he shall submit a scaled site plan showing the location of the proposed structure on the lot so that it will be located in conformance with the proposed resubdivision street patterns. The home shall be placed so that it will not be in conflict with the proposed street pattern of said resubdivision. Adopted by the City Council of the City of Andover this 16th day of September, 1980. CITY OF ANDOVER ATTEST: +~~ Jer~ indsch(jfl, tJ' Mayor L /.I'~/ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE No. 10ji AN ORDINANCE AMENDING ORDINANCE NO. 10 AND NO. 10C, KNOWN AS THE SUBDIVISION ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 and lOC are hereby amended as follows: Section 9 - Subdivision Design Standards Subsection 9.06 - Lots a(l) Municipal Sanitary Sewer. In areas served by'municipal sanitary sewer systems, no lot shall contain less than ~3~99911,400 square feet nor have a width of less than 8e 80 feet at the building setback line. Ne-~et-sAa~~-Be-- ~a~~e~-tAaR-tw4€e-tAe-ave~a~e-s4~e-ef-~ets-4R-sa46-~~at. Corner lots shall be a minimum of 90 feet wide with a 20 foot side yard setback and a 35 foot front setback, except for two-family lots which shall be required to be 150 percent of a single-family minimum size and dimensions. Any subdivision, lot split or replatting of existing developments shall be required to meet the standards of the original development or to meet the average size of the existing lots. Adopted by the Andover City Council this 5th day of April 1983. CITY OF ANDOVER ~~ /~/. Jerr in scnltl, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10I AN ORDINANCE AMENDING ORDINANCE NO. 10 AND 10H, KNOWN AS THE SUBDIVISION ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 and 10H are hereby amended as follows: Section 9.06 - Lots a(l) Municipal Sanitary Sewer. In areas served by municipal sanitary sewer systems, no lot shall contain less than 11,400 square feet nor have a width of less than 80 feet at the building setback line. Corner lots shall be a minimum of 90 feet wide with a 29 35 foot front setback, except for two-family lots which shall be required to be-r50 percent of a single family minimum 54~e-aR6-64ffieR54eR5 area and width. Any subdivision, lot split or replatting of existing developments shall be required to meet the standards of the original development or to meet the average size of the existing lots. On continuing streets where houses were constructed prior to the adoption or- Ordinance 10H, adopted April 5, 1983, the setback shall be 35 feet unless the existing structures would indicate a lesser setback to maintain uniformity in R-2, R-3 and R-4 districts. Adopted by the City Council of the City of Andover this 2nd day of October , 1984. CITY OF ANDOVER ~/ t:J.., L ?.aT Je y Win chitl, Mayor CITY OF .ANDOVER COUNTY OF .ANOK.A ST.ATE OF MINNESOT.A ORDIN.ANCE NO. 10.J AN ORDIN.ANCE AMENDING ORDIN.ANCE NO. 10, KNOWN .AS THE SUBDIVIDING AND PLATTING ORDINANCE OF THE CITY OF ANDOVER, ADOPTED SEPTEMBER 10, 1984. THE CITY COUNCIL OF THE CITY OF .ANDOVER HEREBY ORDAINS: Ordinance No. 10, the Subdivision and Platting Ordinance, is hereby amended as follows: SECTION 7. PRELIMINARY PLAT 7.02 Procedure b. At the time of the filing of the preliminary plat, the subdivider shall pay to the eefflffi~fi~~Y City a fee ef-$~5766 as set by Council resolution for plats involving residential lots only, a fee of $56766 as set by Council resolution for plats involving other than residential lots, plus $5766 a fee set by Council resolution for each acre of land in all preliminary plats. SECTION 11. FINAL PL.AT 11.01 Procedure a. Filing of Final Plat. Within 6 months following approval of the preliminary plat, unless an extension of time is requested .'in writing by the subdivider and granted by the Council, the subdivider shall file 7 copies of the final plat with the Clerk and shall pay a filing fee therefor ef-$~6766 as set by Council resolution. .Adopted by the City Council of the City of .Andover this 18th day of February , 19 86 CITY OF .ANDOVER ATTEST: ~ f:~o~ City DL~~ Ken'0rttel - Acting Mayor Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10K AN ORDINANCE AMENDING ORDINANCE NO. 10, KNOWN AS THE SUBDIVISION ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: Section 14. Restrictions on Filing and Recording Conveyances. 14.01 When a property owner, either residential or commercial, wishes to move interior lot lines and by doing so does not create any additional buildable lots by moving said property lines, and the moving of said property lines does not create any lot which is below the standards for the applicable zoning district in which it lies, such new property descriptions may be approved by the Zoning Administrator if the resulting configuration will have no adverse effects on surrounding property. Should the Zoning Administrator determine the moving of interior lot lines may have an adverse effect on either adjoining property or may circumvent other applicable zoning restrictions, the administrator then shall require the request be processed in the normal manner as a variance to Ordinance 10, The Subdivision Ordinance, by both the Planning Commission and the City Council. Any lot so realigned shall be accompanied by a Certificate of Survey. Adopted by the city Council of the City of Andover this 5th day of August , 1986. CITY OF ANDOVER ~ illi({ (~-<-~-e.-//tP J ry Wi schitl - Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10 L AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: SECTION 9. SUBDIVISION DESIGN STANDARDS 9.03 Streets A. Widths. All right of way and roadway widths shall conform to the following minimum dimensions: CLASSIFICATION RIGHT-OF-WAY Minor City Street Municipal State Aid Street ;9 60 feet 66 feet G. Cul-de-sacs. The maximum length of cul-de-sac streets shall be five hundred (500) feet measured along the center line from the intersection to e~~~~R ef ~he eRa ef ~he ~~~h~-ef-way the center of the cul-de-sac area. Each cul-de-sac shall have a terminus of nearly circular shape with a minimum right-of-way diameter of one hundred twenty (120) feet and a minimum roadway diameter of ninety-three (93.0) feet in the Urban Service Area and one-hundred (100) feet in rural areas. The property line at ~intersection of the turn around and the straight portion of the street shall be rounded at a radius of not less than twenty (20) feet. Adopted by the City Council of the City of Andover this day of Januarv , 1989. 17th CITY OF ANDOVER ATTEST: (\~ .;;. v ~~ ~~mes E. Elling !/ ~~ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. lO M AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: SECTION 9. SUBDIVISION DESIGN STANDARDS 9.06 Lots a(3). Areas Lacking Municipal Sanitary Sewer Outside the Metropolitan Urban Service Area. In areas which are not served by municipal sanitary sewer and outside the Metropolitan Urban Service Area, no residential lot shall be developed for residential purposes unless it contains a minimum of 108,900 square feet, of which 39,000 square feet of contiguous land area is buildable with minimum width of at least one-hundred fift (l50) feet an m1n1mum eE! of one un re 1 ty feet, and has a width of at least t~ee hundred (300) feet at the building setback line. The preliminary plat shall show a feasible plan for future re-subdivision by which lots may be re-subdivided to meet the size and dimension standards of lots in areas served by municipal sewer. These provisions shall not apply to plats approved by the City prior to October 17, 1978. (10-17-78) C. iiiteea of less setback Corner Lots. Corner lots shall be platted at least +~e+ ten (lO) feet wider than interior lots on all lots than three hundred (300) feet in width at the building line. (10-17-78) Page 2 Ordinance lO Amendment Adopted by the City Council of the City of Andover this 7th day of March ,1989. CITY OF ANDOVER ATTEST: Mayor ~iUb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10 N AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: SECTION 9. SUBDIVISION DESIGN STANDARDS 9.07 Parks, Playgrounds, Open Space. 9.07.6 Market Value of Lands B. The City Council, after reviewing the Park and Recreation Commission's recommendation, may agree with the owner or developer as to the market value. If agreement is not reached in this manner, then the market value shall be determined by an accredited appraiser, a~~eea-a~eR-aY-~Re-e~~y-€eaRe~l-aRa-~Re_ wRe~-e~-aeYele~e~ chosen b the Park and Recreation Commission, at the expense of t e owner or eve oper. Suc appralsa s al be accepted by the City council and the owner and developer as being an accurate appraisal of "Market Value". (lOD, 8-07-79) Adopted by the City Council of the City of Andover this 7th day of March , 1989. -~ CITY OF ANDOVER ATTEST: lb /d; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10 0 AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: SECTION 7. PRELIMINARY PLAT 7.02 Procedure. f. on the within The Planning and zoning Commission shall conduct the hearing preliminary plat and shall make its report to the Council ~eA-+1Q+ thirty (30) days after said hearing. g. After the Council receives the report of the Planning Commission the Council at its next regular scheduled meeting shall act to approve or disapprove the preliminary plat. The report of the plannin and Zonin Commission shall be laced on the a enda o~e City Counc~l ~n the fo ow~ng manner: ( 1 ) meetin held on the C~ty Counci month. If the Council shall disapprove said plat, the grounds for any such disapproval shall be set forth in the proceedings of the Council and reported to the subdivider within seven (7) days thereafter. Adopted by the City Council of the City of Andover this 6th day of June , 198~. CITY OF ANDOVER ATTEST: ,~& v~ctoria Volk ~ City Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA ORDINANCE NO. 10 P AN ORDINANCE AMENDING ORDINANCE NO. lO, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: Adopted by the City Council of the City of Andover this 19th day of December, 1989. CITY OF ANDOVER f~ fd; v~ctor~a Volk - City Clerk ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. lOQ AN ORDINANCE AMENDING SECTION 9.07.10 OF ORDINANCE NO. lO TO PROVIDE FOR PARK DEDICATION REQUIREMENTS FOR NEW DEVELOPMENTS. The City Council of the City of Andover does hereby ordain: Section 1. Section 9.07 .lO entitled Dedicated Land, Minimum Area, is amended to read as follows: 9.07.10 Dedicated Land, Minimum Area. Developers of land within the City of Andover shall be required to dedicate to the City for park, open space and playground purposes as a minimum that percentage of gross land area as set out below: a. Residential Dwelling Units/Acre (Gross Density) Requirement 0-3 lO% Over 3 Add two (2%) percent to dedication requirements for each additional dwelling unit over three (3) units per gross density. b. Commercial-Industrial (10D, 8/07/79) 10% -'" Notwithstanding the foregoing for all subdivisions by metes and bounds description the subdivider or developer may elect to pay in lieu of the above mentioned park dedication requirements the sum of Four Hundred and no/lOO ($400.00) Dollars for each dwelling unit that could be constructed upon the proposed subdivided property. In the event that developer elects to pay said Four Hundred and no/lOO ($400.00) Dollars charge, the City may collect additional park fees in the event developer re-subdivides the property in the future. Such future park fees shall be based upon the percentage schedule set out herein; however, developer shall receive a credit for the per unit charge paid previously. -l- Section 2. Effective Date of Ordinance. This ordinance shall take effect and be in full force after its passage and publication. Adopted this 3rd day of July , 19~. ATTEST: ~u Clerk -2- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. lOR AN ORDINANCE AMENDING ORDINANCE NO. lO, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: 9.06a(3) Areas Lacking Municipal Sanitary Sewer Outside the Metropolitan Urban Service Area. In areas which are not served by municipal sanitary sewer and outside the Metropolitan Urban Service Area, no residential lot shall be developed for residential purposes unless it contains a minimum of 108,900 square feet, of which 39,000 square feet of contiguous land area is buildable with a minimum width of at least one-hundred fifty (150') feet and a minimum depth of one-hundred fifty (150') feet, and has a width of at least three hundred (300') feet at the building setback line. For lots which abu~t a cul-de-sac, the lot width at the setback line is to be a minimum of 160 feet. Two lots maximum are allowed at the end of each cul-de-sac regarding the lot width. The preliminary plat shall show a feasible plan for future re-subdivision by which lots may be re- subdivided to meet the size and dimension standards of lots in areas served by municipal sewer. These provisions shall not apply to plats approved by the City prior to October 17, 1978. Adopted by the City Council of the City of Andover this 7rh day of lIl1'Jll"r , 1990. CITY OF ANDOVER ATTEST: ~ tfLu. Victoria Volk - City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 10S AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: 9.03g Cul-de-sacs. The maximum length of shall be five hundred (500') feet measured from the intersection to the center of the 11.Ola. Filing of Final Plat. Within si*-f6+-meRths one (1) year following approval of the preliminary plat, unless an extension of time is requested in writing by the subdivider and granted by the Council, the subdivider shall file seven (7) copies of the final plat with the Clerk and shall pay a filing fee thereof as set by Page Two Ordinance No. 10 Amendments Council resolution. The final plat shall incorporate all changes required by the Council, and in all other respects it shall conform to the preliminary plat as approved. If the final plat is not filed within s~H-f6+-meRtA5 one (1) year following approval of the preliminary plat, the approval of the preliminary plat shall be considered void. The final plat may constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at that time, provided that such portion shall conform to all requirements of this Ordinance, and provided further that the remaining portion or portions of the preliminary plat not ro osed to be recorded, develo ed and submitted as a final plat, or grante an extenslon, s a e subject to the right of the City to adopt new or revised platting and subdivision regulations. Adopted by the City Council of the City of Andover this 19th day of November, 1991. CITY OF ANDOVER ATTEST: ~i ,. U Q Ke 'et: D. rttel, 'ayor L~L Vlctorla VO~CitY Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. lOT AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: 9.03(g). Cul-de-sacs. The maximum length of cul-de-sac streets shall be five hundred (500') feet measured along the centerline from the intersection to the center of the cul-de-sac area. Each cul-de-sac shall have a terminus of nearly circular shape with a minimum right-of-way diameter of one hundred twenty (120.0') feet and a minimum roadway diameter of ninety-three (93.0') feet in the Urban Service Area and the Rural Service Area. Temporary cul-de- sacs shall be required in all new subdivisions to make provision for the continuation of future streets for adjoining areas when the length of the street exceeds eHe-A~Hefee-5i*ty-+!69L+ two hundred ten (210') feet from the centerline of the intersecting streets. Each temporary cul-de-sac shall be required to have a minimum roadway diameter of eighty (80.0') feet. Adjacent property owners/developers benefitting from the street continuation shall be responsible for the removal of the temporary cul-de-sacs and shall be required to replace the street in accordance with current City requirements and standards. The property line at the intersection of the turn around and the straight portion of the street shall be rounded at a radius of not less than twenty (20.0') feet. 9.06a(1). Municipal Sanitary Sewer. In areas served by municipal sanitary sewer systems, no lot shall contain less than 11,400 square feet nor have a width of less than eighty (80') feet at the building setback line. Corner lots shall be a minimum of ninety (90') feet wide with a thirty-five (35') foot front setback, except for two-family lots which shall be required to be one hundred fifty (150%) percent of a single family minimum area and width. Residential lots shall be required to have the lowest floor to be a minimum of three (3') feet above mottled soifs or one (1') foot above the d~signate~ or designed on~-'hu~~!_ed Jl~~l_ year flood elevation, Whlchever ishi~E.' Any slilidivision, lot split or replatting of existing developments shall be required to meet the standards of the original development or to meet the average size of the existing lots. On continuing streets where houses were constructed prior to the adoption of Ordinance 10H, adopted April 5, 1983, the setback shall be thirty-five (35') feet unless the existing structures would indicate a lesser setback to maintain uniformity in R-2, R-3 and R-4 districts. Amendments to Ordinance No. 10 Resolution February 4, 1992 9.06a(2). Areas Lacking Municipal Sanitary Sewer Within the Urban Service Area. In areas lacking municipal sanitary sewer within the Metropolitan Urban Service Area, no lot shall be developed for residential purposes unless it contains a minimum of 39,000 square feet of contiguous land with a minimum width of at least one hundred fifty (150') feet and a minimum depth of one hundred fifty (150') feet and has a frontage of at least one hundred sixty-five (165') feet at the building setback line. Said lot shall be re3uired to have a minimum finish~rade of at least six a~d_one- half (6.5') feet above the seasonarlnigh water mark and shall also require the lowest floor to be a minimum of three (3') feet above the motFred soils or one (1') foot above the desIgnated or desi.9:ned one hundred (100) year fIOod elevation, whichever is ~er. The preliminary plat shall show a feasible plan for future-re-subdivision by which lots may be re-subdivided to meet the size and dimension standards of lots in areas served by public water and sanitary sewer systems. Adopted by the City Council of the City of Andover this 4th day of February, 1992. ATTEST: CITY O~DOVE n , ((~~ Rennet D. Orttel, Mayor u~/~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. IOU AN ORDINANCE AMENDING ORbINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: 8.04 Additional Information to be Furnished. the Adopted by the City Council of the City of Andover this 4th day of August, 1992. ATTEST: Ke ,J~:t;,~ d:m Vlctorla Vo1k, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. lOV AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: SECTION 4. DEFINITIONS. BUILDABLE LOTS: SEASONAL HIGH WATER MARK is indicated by mottled soils or is the highest anticipated water table. NOTE: All other portions of Section 4 shall remain as written. Adopted by the City Council of the City of Andover this 17th day of November, 1992. ATTEST: CITYOF AND,OVER . ~. ~~ Kenhet D. rtte, Mayor LL JILL- Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. lOW AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. lO is hereby amended as follows: 9.06a(l). Municipal Sanitary Sewer. In areas served by municipal sanitary sewer systems, no lot shall contain less than 11,400 square feet nor have a width of less than eighty (80') feet at the building setback line. Corner lots shall be a minimum of one hundred (lOO') feet wide as measured at the building setba~ine or ninety (90') feet wide for back to back lots with a thirty-five 135') foot front setback, except for two-family lots which shall be required to be one hundred fifty (l50%) percent of a single family minimum area and width. Residential lots shall be required to have the lowest floor to be a minimum of three (3') feet above mottled soils or one (1') foot above the designated or designed one hundred (100) year flood elevation, whichever is higher. Any subdivision, lot split or replatting of existing developments shall be required to meet the standards of the original development or to meet the average size of the existing lots. On continuing streets where houses were constructed prior to the adoption of Ordinance 10H, adopted April 5, 1983, the setback shall be thirty-five (35') feet unless the existing structures would indicate a lesser setback to maintain uniformity in R-2, R-3 and R-4 districts. Adopted by the City Council of the City of Andover this 16th day of March, 1993. CITY OF ANDOVER ATTEST: yor t4~U Vlctorla Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " ORD NO. lOX AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: SECTION 4. DEFINITIONS. For the purpose of this Ordinance, certain words and terms are hereby defined as follows: ANDOVER REVIEW COMMITTEE consists of the following departments: , i Administration Building Engineering Finance Fire PIanning police Public Works ENGINEER denotes the City Engineer unless otherwise stated. STREETS: A2. COLLECTOR STREETS are feeders to the arterial roads as defined in the Comprehensive Plan or generally with a AnT of l,OOO or reater or a Munici al Aid Street for the Cit. Minimum new access spaclng s a e three hundre thirty (330') feet. A3. MINOR URBAN CITY STREET is a street used primarily for access to the abutting properties and the local needs for a neighborhood. A6. MINOR (RURAL) CITY STREET L~M~~E9-M~NeR-S~REE~ shall be a Ra~~ew rural roadway which serves abutting properties and the local needs for a neighborhood 5~*-+6+-e~-€ewe~- ~e5~eeRee5-aRe-Ra5-Re-5~~ee~-~ar*~R~-a~~ewee. Page 1 main state ublic state, " TOPSOIL BORROW for eneral use as a turf t e requ~rements out ined in t e most Specifications for Construction and be 3877 topsoil borrow or as approved by the rowin medium shall meet current MNDOT stan ar in accordance with MNDOT City Engineer. and as 6.03 The subdivider should provide the Planning Commission with ~following information: 7.02 procedure. Prior to platting and subdividing any tract of rano into two (2) or more lots, the following procedures shall be followed: A. The subdivider shall file ten (10) copies of the preliminary plat with the Clerk for review by the Andover Review Committee a~-leas~-~wea~y-~ft~ee-+~3+-ealeaea~-eays- ee~e~e_~fie_Re*~_~e~~la~_mee~~a~_e~_~fte_PlaaR~a~-eemm~ss~ea-a~- wft~eft-mee~~a~-sa~e-~la~-sftall-ee-eeRs~ee~ee. (lOA, 9-10-74) C. The Clerk shall receive ten (10) copies in addition to those requested under Section 7.0A and refer seven (7) copies of the preliminary plat to the Planning Commission and one (l) copy to the Engineer. D. The Engineer shall submit a written report to the Planning Commission, which shall deal with drainage, streets, and other engineering matters pertinent to said preliminary plat. Said report shall be submitted to the Planning Commission a~-leas~-seYea-+++-eays prior to the public hearing prescribed by the following subsection. E. The Planning Commission shall hold a public hearing on the preliminary plat within sixty (60) days after said complete preliminary plat and complete application is filed with the Clerk. At said hearing all persons interested in the plat shall be heard. Notice of time and place of hearing and the full legal description of the area to be subdivided shall be published once in the official newspaper of the City at least Page 2 ten (10) days before the day of the hearing. The subdivider shall furnish the Clerk with the names and mailing addresses of the owners of all land within three hundred fifty (350') feet of the boundaries of the preliminary plat, and the Clerk shall give mailed notice of said hearing to said owners at least ten (10) days prior to the day of said hearing, although failure of any property owner to receive such notification shall not invalidate the proceedings. (lOA, 9/10/74) If the Council shall disapprove said plat, the grounds for any such disapproval shall be set forth in the proceedings of the Council and reported to the subdivider within fourteen (l4) seveR-f++ days thereafter. K. The Council shall act on the preliminary plat within one hundred and twenty (120) si*~y-f6G+ days of the date on whICh it was filed with the Clerk. If the report of the Planning Commission has not been received within said period, the Council shall act without such report. 7.03 preliminar Tn-accordance guide J.nes. SECTION 8. REQUIRED PRELIMINARY PLAT DATA. It shall be a condition to the acceptance of a preliminary plat application filed fe*-fi~iR~ with the Clerk that said plat shall include the data required hereunder. The preliminary plat shall be submitted in accordance with Section 7.02 B of this ordinance. 8.03 Design Features. D. An lines Minimum shall be E. informatJ.on as a opted by the office. F. Layouts of lots and blocks with numbers of each, square footage of lots and lot dimensions scaled to the nearest foot. G. Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such areas. H. Minimum front and side yard building setback lines as required by the zoning Ordinances of the City. Page 3 I. proposed method of disposing of surface water drainage within and beyond the limits of the plat. J. Whenever a portion of a tract of land is proposed for subdividing and said tract is large enough or is intended for future subdivision, a plan for the future subdivision of the- entire tract shall be submitted to the Planning Commission. Such future subdivision shall include: proposed lots, road easement for cross streets, utility easements, and such other data as required for future subdivisions. When an individual applies for a building permit on such a lot, he shall submit a scaled site plan showing the location of the proposed structure on the lot so that it will be located in conformance with the proposed resubdivision street patterns. The home shall be placed so that it will not be in conflict with the proposed street pattern of said resubdivision. (lOG, 9-16-80) all reV1S1ons is significant it and/or the Cit SECTION 9. SUBDIVISION DESIGN STANDARDS. 9.01 General Requirements. cover of the owner's as 9.03 streets. A. widths. All right-of-way and roadway widths shall conform to the following minimum dimensions: CLASSIFICATION RIGHT OF WAY WIDTH ~~~ 120 feet 66 fe"et 60 feet 60 feet 120 foot diameter 60 feet 4~-!ee-i: 66-!ee-i: TYPICAL ROAD .d, WAY WIDTH-CURB FACE TO CURB FACE Arterial CollectorjMunicipal State Aid Minor (Urban) City Street Minor (Rural) City Street Cul-de-sac Service ~~m~-M~aef-S-i:fee-i: M~a~e~~a~-S-i:a-i:e-A~e-S-i:fee-i: (10L, 1-17-89) Variable Variable 32 feet 24 feet 93 foot diameter 32 feet €I.ASS~p~€A':F~eN R~GH':F-eF-WA~ Reaeway- w~-i:ae~-i: Page 4 w-~a~*iR~ ~6-iee~ 4G-ieet ~6-iee~ ;G-iee~-~aei~5 ~6-iee~ ~~-iee~ eivieee 3~ ~6 ;G ~6 ~~ " Biiie~eR~-wie~ft5-ffiay-ae-~eq~i~ee Right-of-way and street may vary depending upon anticipated traffic volume, function of street and character of abutting land use. widths planned Q C. Grades. streets grades shall not exceed seven (7%) percent for minor and collector streets and four (4%) percent for thoroughfares, and in no case shall they be less than 0.5 percent on streets with curb and gutter; or one (l%) percent on minor rural city street sections. Grades within thirty (30') feet of street intersections shall not exceed three (3%) percent. G. Cul-de-sacs. The maximum length of cul-de-sac streets shall be five hundred (500') feet measured along the centerline from the intersection to the center of the cul-de- sac area. Each cul-de-sac shall have a terminus of nearly circular shape with a minimum right-of-way diameter of one hundred twenty (120.0') feet and a minimum roadway diameter of ninety-three (93.0') feet in the Urban Service Area and the Rural Service Area. Temporary cul-de-sacs shall be required in all new subdivisions to make provision for the continuation of future streets for adjoining areas when the length of the street exceeds two hundred ten (210.0') feet from the centerline of the intersecting streets. Each temporary cul- de-sac shall be required to have a minimum roadway diameter of eighty (80.0') feet and constructed with bituminous curbin as defined in the C1ty standar s. A ]acent property owners/developers benefitting from the street continuation shall be responsible for the removal of the temporary cul-de~ sacs and shall be required to replace the street in accordance with current City requirements and standards. The property line at the intersection of the turn around and the straight portion of the street shall be rounded at a radius of not less than twenty (20.0') feet. (lOL, 1-17-89; 105, ll-l9~91; lOT, 2-04-92) ~ Collector. As defined for this section are feeders to the arterial roads as defined in the Comprehensive Plan or general with a AnT of 1,000 or greater or a Municipal state Aid Street for the City. p /~: Boulevard Sodding. In subdivisions where sewer and water is going to be installed four (4") inches of topsoil and boulevard sodding shall be required. In others, four (4") inches of topsoil shall be spread, aRe seeded, mulched and disc anchored. 9.06 Lots. Page 5 A1. Municipal Sanitary Sewer. In areas served by municipal sanitary sewer systems, no lot shall contain less than 11,400 square feet nor have a width of less than eighty (80') feet at the building setback line. Adequate rear yard area shall be rovided to maintain a utilizable s ace for eac ot as eterm1ne the P annin Comm1SS10n. Corner ots s a e a minimum of one un re (10') eet wide as measured at the building setback line or ninety (90') feet wide for back to back lots with a thirty-five (35') foot front setback, except for two-family lots which shall be required to be one hundred fifty (l50%) percent of a single family minimum area and width. Residential lots shall be required to have the lowest floor to be a minimum of three (3') feet above mottled soils or one (1') foot above the designated or designed one hundred year flood elevation, whichever is higher. Any subdivision, lot split or replatting of existing developments shall be required to meet the standards of the original development or to meet the average size of the existing lots. On continuing streets where houses were constructed prior to the adoption of Ordinance 10H, adopted AprilS, 1983, the setback shall be thirty-five (35') feet unless the existing structures would indicate a lesser setback to maintain uniformity in R- 2, R-3 and R-4 districts. (10C, 10-17-78; 10H, 4-05-83; 101, 10-02-84; lOT, 2-04-92; lOW, 3-l6-93) A2. Areas Lacking Municipal Sanitary Sewer Within the urban Service Area. In areas lacking municipal sanitary sewer within the Metropolitan Urban Service Area, no lot shall be developed for residential purposes unless it contains a minimum of 39,000 square feet of contiguous land with minimum width of at least one hundred fifty (150') feet and minimum depth of one hundred fifty (l50') feet and has a frontage of at least one hundred sixty-five (165') feet at the building set-back line. Said lot shall be required to have a minimum finished grade of at least six (6.0') aae-eae-fia~i-f6~;L+ feet above the seasonal high water mark and shall also require the lowest floor to be a minimum of three (3') feet above the mottled soils or one (1') foot above the designated or designed one hundred year flood elevation, whichever is higher. The preliminary plat shall show a feasible plan for future re-subdivision by which lots may be re-subdivided to meet the size and dimension standards of lots in ares served by public water and sanitary sewer systems. (10C, 10-17-78; 10M, 3-07-89; lOT, 2-04-92) A3. Areas Lacking Municipal Sanitary Sewer Outside th Metropolitan urban Service Area. In areas which are not served by municipal sanitary sewer and outside the Metropolitan Urban Service Area, no residential lot shall be developed for residential purposes unless it contains a minimum of 108,900 square feet, of which 39,000 square feet of contiguous land area is buildable with a minimum width of at least one-hundred fifty (l50') feet and a minimum depth of one-hundred fifty (ISO') feet. Said lot shall be required to have a finished grade of at least six (6.0') aae-eae-fia~i- f6~;L+ feet above the seasonal high water mark and shall Page 6 " also require the lowest floor to be a minimum of three (3') feet above the mottled soils or one (1') foot above the designated or designed one hundred (100) year flood elevation whichever is higher. Said lot shall also have a width of at least three hundred (300') feet at the building setback line. For lots which abutt a cul-de-sac" tbe lot width at the setback line is to be a minimum of one hundred sixty (160') feet. Two lots maximum are allowed at the end of each cul-de-sac regarding the lot width. The preliminary plat shall show a feasible plan for future re-subdivision by which lots may be re-subdivided to meet the size and dimension standards of lots in areas served by municipal sewer. These provisions shall not apply to plats approved by the city prior to October 17, 1978. (10C, 10-17-78; 10M, 3-07-89; lOR, 8-07-90; lOS, 11-19-91) 10.02 per~ermaBee Development Contract. Prior to the installation of any required improvements and prior to approval of the final plat, the subdivider shall enter into a contract with the city which contract shall require the subdivider to construct said improvements at the sole expense of the subdivider and in accordance with approved construction plans and specifications and all applicable standards and Ordinances. Said contract shall provide for the supervision of construction by the Engineer; and said contract shall require that the City be reimbursed for all costs incurred by the City for engineering and legal fees and other expenses in connection with the making of such improvements. The performance of said contract shall be financially secured by a cash escrow deposit or performance bond as hereinafter set forth. 10.03 Financial Security. The ~e~€e~maBee development contract shall require the subdivider to make a cash escrow deposit or in lieu thereof to furnish a performance bond in the following amounts and upon the following conditions: C. Conditions. The development ~e~€e~maBee contract shall provide for a completion date on which all of the required improvements shall be fully installed, completed and accepted by the City. The completion date shall be determined by the council after consultation ,with the Engineer and the subdivider, and shall be reasonable in relation to the construction to be performed, the seasons of the year and proper correlation with construction activities in the subdivision. The development~er€e~maBee contract shall provide that in the event the required improvements are not completed within the time allotted, the City shall be allowed to exercise its power to recover on the performance bond or utilize the escrow deposit to complete the remaining construction to city standards and specifications. In the event the amount of funds recovered is insufficient to cover the cost of construction, the council may assess the remaining cost to the lands within the subdivision. 10.07 As B~il~ Constructed plans. Upon completion of installation of all required improvements, the subdivider shall file with the Clerk a reproducable tracing and two (2) copies of plans and specifications showing all improvements as finally constructed and installed. Page 7 10.08 street Improvement standards. 3. Sodding. beyond the The portion of paved surface shall to 5. private Driveways. All private driveways providing access to public right-of-way 5fla!!-a~~~eaefl-a~-~~aee~ !eye! shall be hard surfaced, and if serving-two (2) adjoining lots abutting the public right-of-way shall be of a width designated by the city. B. Subdivisions without Municipal Sanitary Sewer and/or Water (10C, 10-17-78) 1. Grading. The full width of the right-of-way of each street shall be graded, including the subgrade, e~_~fle_a~ea5-~e-ee-~aYeeT in accordance with the standards and specifications which have been adopted by resolution of the city Council. 3. Topsoil and sod or seeding consisting of a minimum of four (4") inches of topsoil with ~e~~_+4*+-~e~Res-e~-seee- ~e~-~T~~~-S~~-~~~ the approariate seed mixture and a lication rate and mulched an disc anchored as required 1n the C1ty standards. See-Sfla !-ee-e~~~Ya eR~-~e-M~H~9~- M4:*~~~e-Ne~-~5~ 4. Driveways Reee-~e-ee-fla~e-s~~~aeee shall be hard surfaced from the street to the property line. 10.14 Non-Conformance. ARy Non-conformance with the standards and Ordinances of the City 4:R_~fle_4:a5~a!!a~4:eR-e~-~fle-~e~~4:~ee- 4:m~~eYemea~s in the development of property by the subdivider or fl4:S their agents shall be cause for the Engineer or the Administrator to order cessation of all construction within the subdivis1on. In such event, no further construction shall be allowed until written authorization is obtained from the cit . Adopted by the City Council of the City of Andover this 4th day of April , 19~ CITY OF ANDOVER ATTEST: d' { )?;uJ(d~ .E. McKelvey, M or ~~ victorla Volk, City Clerk page 8 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No.1 OY AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: Section 4. Definitions. Buildable Lots: A. In areas lacking municipal sanitary sewer. all lots or parcels shall have an area of at least 39,000 22,500 square feet with a finished grade of at least six and on half (6.~') feet above the seasonal high water mark. All organic material shall be removed and replaced with granular material with no more than five percent (5%) organic material by volume. The lowest floor shall be at least three (3') feet above the seasonal high water mark highest knO\Vfl and/or recorded ,vater table in the area of construction pursuant to Ordinance No. 17 as amended unless evidence is submitted and certified by a geotechnical engineer that shall be reviewed and certified bv an independent geotechnical engineer hired by the City at the expense of the developer and approved bv the City Council that a separation of less than three (3') feet can be achieved and is warranted. B. In areas served by municipal sanitary sewer, all lots or parcels shall have all organic material removed and replaced with granular material with no more than five percent (5%) organic material by volume for the front one hundred (100') feet of depth of the lot at a minimum width of the lot as required for that zoning district by the Zoning Ordinance. The lowest floor shall be at least three (3') feet above the seasonal high water mark highest known and/or recorded waisr table in the area of construction pursuant to Ordinance No. 17 as amended unless evidence is submitted and certified by a geotechnical engineer that shall be reviewed and certified bv an independent geotechnical engineer hired bv the City at the expense of the developer and approved by the City Council that a separation ofless than three (3') feet can be achieved and is warranted. Page Two Ordinance No. 10 Amendments September 25, 1996 Section 6. Sketch Plan. 6.03(B) A rough sketch of the site showing its general shape and location of wetlands. forested areas. proposed ponding locations. adjacent roadways, Municipal State Aid designations. waterways, and any other significant features of the immediate area. Section 8. Required Preliminary Plat Data. 8.02(1) A copy of the restrictive covenants, if any, concerning all abutting land the property being platted shall be filed with the preliminary plat. Section 9. Subdivision Design Standards. 9.03(B) Defeetisns. Where horizofltal street lines d@fl@ct from each other at any point more than ten (10) degrees, said street centerlin@s shall be connected by a cur"e with a radius of not less than 1'.YO hoodred (200') feet for minor streets and sueh a greater radius in the case of other streets as the PlaBiling Commission may determine. 9.03(B) D@f1ections. '."here horizontal street lines deflect from each other at any point more than ten (10) degrees, said street centerlines shall be connected by a curTe \vith a radius of not less than 1'\'\'0 hundred (200') feet for minor streets and such a greater radii in the case of other streets as the Planning Commission may determine. 9.03(B) Horizontal Curves. The minimum horizontal curve radius on minor streets shall be fifty (50') feet or as required bv the City Engineer. 9.06 Lots. " A. Minimum Lot Size. The minimum lot area and dimension shall be as specified in the respective zoning districts of the City Zoning Ordinance, and in addition, the following standards shall apply: Page Three Ordinance No. 10 Amendments September 25, 1996 AI. Municipal Sanitary Sewer. In areas served by municipal sewer systems, no lot shall contain less than 11,400 square feet nor have a width of less than eighty (80') feet at the building setback line. Adequate rear yard area shall be provided to maintain a utilizable space for each lot as determined by the Planning Commission. Comer lots shall be a minimum of one hundred (100') feet wide as measured at the building setback line or ninety (90') feet wide for back to back lots with a thirty-five (35') foot front setback, except for two-family lots which shall be required to be one hundred fifty (150%) percent of a single family minimum area and width. Residential lots shall be required to have the lowest floor to be a minimum of three (3') feet above the mottlsd soils seasonal high water mark or one foot above the designated or designed one hundred year flood elevation, whichever is higher unless evidence is submitted and certified by a geotechnical engineer that shall be reviewed and certified by an independent geotechnical engineer hired by the City at the expense of the developer and approved by the City Council that a separation of less than three (3') feet can be achieved and is warranted. Any subdivision, lot split or replatting of existing developments shall be required to meet the standards of the original development or to meet the average size of the existing lots. On continuing streets where houses were constructed prior to the adoption of Ordinance lOR, adopted April 5, 1983, the setback shall be thirty-five (35') feet unless the existing structures would indicate a lesser setback to maintain uniformity in R-2, R-3, R-4 districts. A2. Areas Lacking Municipal Sanitary Sewer Within the Urban Service Area. In areas lacking municipal sanitary sewer within the Metropolitan Urban Service Area, no lot shall be developed for residential purposes unless it contains a minimum 0[39,00022.500 square feet of contiguous buildable land area with a minimum width of one hundred fifty (150) feet and a minimum depth of one hundred fifty (150) feet and has a minimum lot width of at least one hundred sixty- five (165') feet as measured at the front setback line. In addition. there shall also be two (2) 5.000 square foot areas designated and staked for the primary and secondary on-site septic drainfield based on the design criteria for a four (4) bedroom home, The designated drainfield locations as stated above shall comply with Chapter 7080 as amended. The location of the primary and secondary sites Page Four Ordinance 10 Amendments September 25, 1996 shall be indicated on the preliminarv grading plan and the design specifications for the drainfields shall be submitted with the submittal of the preliminary plat. Said lot shall be required to have a minimum finished grade of at least six (6') feet above the seasonal high water mark and also require the lowest floor to be a minimum of three (3') feet above the mottled. soils seasonal high water mark or one foot above the designated or designed one hundred year flood elevation, whichever is higher unless evidence is submitted and certified by a geotechnical engineer that shall be reviewed and certified by an independentindependant geotechnical engineer hired by the City at the expense of the developer and approved by the City Council that a separation of less than three (3') feet can be achieved and is warranted. The preliminary plat shall show a feasible plan for the future resubdivision by which lots may be in areas served by municipal water and sanitary sewer systems. A3. Areas Lacking Municipal Sanitary Sewer Outside the Urban Service Area. In areas lacking municipal sanitary sewer outside the Metropolitan Urban Service Area, no lot shall be developed for residential purposes unless it contains a minimum of 108,900 square feet, of which 39,00022.500 square feet of contiguous land area is buildable with a minimum width of one hundred fifty (150') feet and a minimum depth of one hundred fifty (150') feet. In addition. there shall also be two (2) 5.000 square foot areas designated and staked for the primary and secondary on-site septic drainfield based on design criteria for a four (4) bedroom home, The designated drainfield locations as stated above shall comply with Chapter 7080 as amended. The location of the primary and secondary sites shall be indicated on the preliminary grading plan and the design specifications for the drainfields shall be submitted at the time of the submittal of the preliminary plat. Said lot shall be required to have a minimum finished grade of at least six (6') feet above the seasonal high water mark and also require the lowest floor to be a minimum of three (3') feet above the seasonal high water mark or one foot above the designated or designed one hundred year flood elevation, whichever is higher unless evidence is submitted and certified bv a geotechnical engineer that shall be reviewed and certified bv an independent geotechnical engineer hired by the City at the expen~e of the developer and approved by the City Council that a separation ofless than three (3') feet can be achieved and is warranted. Said lot shall also have a width of at least three hundred (300') feet as Page Five Ordinance No. 10 Amendments September 25, 1996 measured at the fum1 building setback line. For lots which abut a cul-de-sac, the lot width at the front setback line is to be one hundred sixty (160 ') feet. Two lots maximum are allowed at the end of each cul-de-sac regarding lot width. The preliminary plat shall also show a feasible plan for the future resubdivsion by which lots may be resubdivided to meet the size and dimension standards of lots in areas served by municipal sanitary sewer where the City deems it necessary in those areas that can be served in the future. Adopted by the City Council of the City of Andover this_2.51h September , 1996. day of ATTEST: CITY OF ANDOVER J' ~-1n~k~ J. E. McKelvey, Mayor ~ib Victoria V olk, City Clerk Page Five Ordinance No. 10 Amendments September 25, 1996 measured at the front building setback line. For lots which abut a cul-de-sac, the lot width at the front setback line is to be one hundred sixty (160') feet. Two lots maximum are allowed at the end of each cul-de-sac regarding lot width. The preliminary plat shall also show a feasible plan for the future resubdivsion by which lots may be resubdivided to meet the size and dimension standards of lots in areas served by municipal sanitary sewer where the City deems it necessary in those areas that can be served in the future. Adopted by the City Council of the City of Andover this _25th _September , 1996. day of CITY OF ANDOVER ATTEST: U~f4 VictoriaVolk, City Clerk .' CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA Ordinance No. lOZ AN ORDINANCE AMENDING ORDINANCE NO, 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: Section 9.03(D). Vertical Curves. Different connecting street gradients shall be connected with vertical curves. Minimum leagfa, in feet, of said vertioal ourve shall be twenty (20) times the alge13raie differeRee iR the penxmtage of grade ofthe two (2) adjaoeFlt sl~ Vertical curves shall be designed in accordance with MNDOT guidelines with a minimum design speed of 30 MPH or as required by the Citv Enl;!ineer. Section 9.07.08 Credit for Private Open Space. Where private open space for park and recreation purposes is provided in a proposed Hefl-fesideFltial development and such space is to be privately owned and maintained by the owner of that non resic:leRtial development, such areas may be used for credit at the discretion ofthe City Council against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do so and that the following standards are met: A. That yards, court areas, setbacks and open space required to be maintained by City Ordinances shall not be included in the computation of such private open space; B. That the private ownership and maintenance of the open space is adequately provided for by written agreement; C. That the private open space is restricted for park and recreation purpose by recorded covenants which run with the land in favor of the owners of the property within the nOR residential development and which cannot eliminated without the consent of the City Council. Page Two Ordinance No. 10Z D. that the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space; E. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the Comprehensive Plan, and are approved by the City Council; F. That where such credit is granted, the amount of credit shall not exceed one hundred (100%) percent for the ROR resideetial development of the amount calculated under Section 9.07.10. Section 9.07.10 Dedicated Land, Minimum Area. Developers of land within the City of Andover shall be required to dedicate to the City for park, open space and playground purposes as a minimum that percentage of gross land area as set out below: A. Residential D'llelliRg Units'! ..^~ere (Gross DeRsity) Requirement 10% Q-J. -l.Q% O'ler 3 .^~dd two (2%) pereeet to dedieation reEll:lireFBeets for eaek aaditionall:leit O'lef thr@@ (3) liRits per gross ac1Hsity B. Commercial-Industrial 10% Notwithstanding the foregoing for all subdivisions by metes and bounds description the subdivider or developer may elect to pay in lieu of the above- mentioned park dedication requirements the sum of four hundred ($400.00) dollars for each dwelling unit that could be constructed upon the proposed subdivided property. In the event the developer elects to pay said Four Hundred ($400.00) Dollar charge, the City may collect additional park fees in the event the developer re-subdivides the property in the future. Such future park fees shall be based upon Page Three Ordinance No. 10Z the percentage schedule set out herein; however, the developer shall receive credit for the fler Mait park fees paid previously. Section 13. Easements. The City shall require as a condition of the approval of the preliminary plat the dedication of all easements for utilities. drainage. streets right-of-way. surface ~ater ponding and such other public uses as shall be found necessary. convenient or desirable by the Citv to ensure the timely extension of utilities to adiacent properties in accordance with Exhibit A of the Development Policy Guideline adoQted by the City Council and on file in the Office of the City Clerk. Prior to the submission of a final plat, registered land surveyor land subdivision to the City Council for approval, the subdivider shall furnish the City with all easements for utilities, drainage, street rights-of-way, surface water ponding, and such other public uses as shall be found to be necessary, convenient or desirable by the City. Said easements shall be in a proper form for recording in the Office of the Recorder of Anoka County. Duplicate certificates of title shall be made available for the filing of the easements on registered land. No final plat shall be approved by the City Council until there has been full compliance with this section. All other sections of this ordinance shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover this 16th September , 1997. day of ATTEST: CITY OF ANDOVER ,[,.1.0... . E. M~Kelvey, M~ ~ duLL Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No.1 OAA AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No, 10 is hereby amended as follows: SECTION 13. EASEMENTS The City shall require as a condition of the approval of the preliminary plat the dedication of all easements for utilities, drainage, street rights-of-way, surface water ponding and such other public uses as shall be fOlmd necessary, convenient or desirable by the City to ensure the timely extension of utilities to adjacent properties in accordance with Exhibit A of the Development Policy Guideline adopted by the City Council and on file in the Office of the City Clerk Prior to the submission of a final plat, registered land surveyor land subdivision to the City Council for approval, the subdivider shall iimlishthe City with all easements for utilities, drainage, street rights-of-way, surface water ponding, and such other public uses as.shall found to be necessary, convenient or desirable by the City. Said easements shall be in proper form for recording in the Office of the Recorder of An ok a County. Duplicate certificates of title shall be made available for the filing of easements on registered land" No final plat shall be approved by the City Council until there has been full compliance with this section. In the case where the land subdivision is to be approved administratively and the City determines that an easement is necessary as stated in this Section. the City Council shall act on the subdivision to determine the necd and extent of the easement to be dedicated. The subdivider shall furnjsh the City with all easements found to be necessary by the City Council. All other sections of this ordinance shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover on this ~ day of March , 1998. CITY OF ANDOVER ATT,(tT: ~ :t;,;J ~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 10BB AN ORDINANCE AMENDING ORDINANCE NO, 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: Section 9.07.6 Market Value of Lands. "Market Value", for the purposes of this Ordinance shall be determined as of the time of the tinal plat without improvements in accordance with the following: A. The Park and Recreation Commission and owners or developers may recommend JO the Citv Council the ~ market value. The Citv COlillCil after revie\ving the Park and Recreation Commission's recommengation" may agre~ with the owner or the developer as to market value, B. The City Ce<:lReil after reyiewi~Park and Recreation Commission's reeammefldation, may agree with the owner or the deyelaper as to ffiafket value, If agreement is Ret reaehed in this manner, theE. the market v3luc shal~~ by an aeeredited awraiser ehoseR by the Park ;md Recreation Gemmissiol1;-aHhe e~(penso of the aWRer or de'/eloper. B. The owner or the developer may select trom a list. one arthr.;:.;: accredited appraisers that has been approved by the City to establish the market va11.!e, The illm@isal shall be at the expense of the owner or the developer. Such appraisal shall be accepted by the City Council and the owner or develoQer as being: an accurate appraisal of "market value", All other sections of this ordinance shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover this _4th __ day of August , 1998. CITY OF ANDOVER ATTEST: ~rJ~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA Ordinance No. lOCC AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: Ordinance No. 10 is hereby amended as follows: 9.07.5 Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the owners or developers in lieu of a conveyance or dedication of land for park, playground, open space and public use purposes, the Park and Recreation Commission shall recommend to the City Council the amount of cash said Commission feels should be so contributed. Such recommendation shall be based on the market value of the undeveloped land that would otherwise have been conveyed or dedicated. In lieu of land dedication. the City may require from the developer or owner a cash contribution which is based on a fee per lot/unit basis for the development of residential zoned property. In the case of the development of commercial/industrial zoned property. L1.e City may require a cash contribution from the developer or owner which is based on ten (10%) percent of the market value of the land. These fees are established and adopted by City Council resolution and are effective for anvplat that has not received preliminary plat approval aft~r the date of publication of this ordinance. The fees would also apply to plats that have received preliminary plat approval. but have not received final plat approval by the City Council within twelve months of the publication date of this ordinance. 9.07.10 Dedicated Land, Minimum Area. Developers of land within the City of Andover shall be required to dedicate to the City for park, open space and playground purposes as a minimwn that percentage of gross land area as set out below: Requirement A. Residential 10% 1 9.07.11 B. CommerciallIndustrial 10% Now.'itlwtaBaing the fefi~geiHg for all saeai';isiaBs BY meets ana Baanas aeserlfltiaB the sl:!eaiyieer af ae'/elefler may sleet ta pay ill. liel:! afthe a.eeyemeatisBea park eeEHeatieBreElaH-emeBts the Sl:lHl. sf fe1:lf IllmEk:ea ($499.99) aellars fer eaeh a.v:elliHg 1:IBit that eeala Be eeBStrHetea apeB the flfeflesea ~ahiaea flFefl8fty. IB the e.;eRt the aevelefler eleets te flay saia fe1:lf lHmElrea ($499.99) Elenar eliarge, the City may eeneet aElaitieBal park fees in the eyeat the aeveleper re SQBai';iEles the flrefl~' ill. the mmre. Saeh futHre park fees shall Be Basea l:!paB the pereeatage seheEhde set elit BelaiR, the ae"lsleper shall Feeeiv0 er:edit fx(3r park fees paid pr81!ieasly. Meets and Bounds Lot Splits. The Park and Recreation Commission may recommend cash payment in lieu of park land on metes and bounds lot splits less than twenty (20) acres in size. The payment amount shall be determined through the same process outlined in Section 9.07.5. All other sections of this ordinance shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover on this 20th day of April, 1999. ATTEST: CITY OF ANDOVER ~ { , . tiLL Victoria V olk, City Clerk i~fl!:~~ 2 CITY OF ANDOVER COUNTY OF ANOKA STATEOFNITNNESOTA Ordinance No. 10DD AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: SECTION 6. SKETCH PLAN. Prior to platting anv tract of land. the subdivider shall prepare a subdivision sketch plan for review by the Andover Review Committee (ARC). Planning and Zoning Commission and the City Council. Such sketch plan will be considered as having been submitted for informal review and discussion between the subdivider and the Andover Review Committee (ARC). Planning and Zoning Commission and the Citv Council. No fee shall be required of the subdivider for the submission of a sketch plan. However. review time by the ARC shall be billed towards the proiect provided the proiect continues beyond the sketch plan phase to the review of the preliminary plat. 6.01 ~ission of a subdi'lision sleeteR plan shall not cOFlstitiute Fefffial filiFlg Elf a plan vlith the City. On the basis of a subdivision sketch plan, the ARC, Planning and Zoning Commission and the City- Council will informally advise the subdivider of the extent to which the plan conforms to the Comprehensive Plan, design standards of this Ordinance and to other Ordinances of the City, County and State and will discuss possible modifications necessary to secure approval of the plan. 6.02 The subaivider ean be reEll:lirea to SRO':l aajaeeFlt }3roperty and aFl)' et-her preflerty as determieeEl Fleeessary for }3refler review as required by tRe Panning CommissieFl:. 6.02 Procedure. The sketch plan shall be submitted and reviewed in accordance with the following procedures: A. The subdivider shall submit ten (0) copies of the sketch plan to the Community Development Director for review bv the Andover Review Committee. The ARC shall review and comment on the preliminary plat within ten (0) davs of the submittal by the subdivider. B. Upon ARC review and comment. the sketch plan shall be placed on the next available agenda of the Planning and Zoning Commission. but no sooner than ten (10) davs after being reviewed by the ARC. Notification shall be sent to adiacent property owners within three hundred fifty feet (350') ten (10) days prior to the meeting- of the Planning and Zoning Commission. Failure to receiye such notification shall not invalidate the "roceedings. C. Upon Planning and Zoning Commission review and comment. the sketch plan shall be "laced on the next available City Council agenda. but no sooner than ten (10) days after being reviewed bv the Planning and Zoning Commission. 6.03 The subdivider sRel:ilEl shall provide the Plar~-HRg CemmissioR following minimum information: A. Site Location B. A fOUgh sketch of the site showing its general shape and location of wetlands, forested area,>, proposed ponding locations, adjacent roadways, Municipal State Aid designations, waterways, existing buildings and any other significant features of the immediate area. C. Type of development proposed. D. A preliminary road layout and lotting arrangement indicating minimum proposed lot size. 6.04 The subdivider can be required to show adiacent "roperty and any other propertv as determined necessary for proper review as required by the ARC. Planning and Zoning Commission. and Citv Council. Section 7. Preliminary Plat 7.02 Procedure. Prior to platting and subdividing any tract of land into two (2) or more lots, the following procedures shall be followed: A. Upon completion of the sketch plan review "rocess as provided in Section 6. the subdivider shall file ten (10) copies of the preliminary plat with the City Clerk for review by the Andover Review Committee. No preliminary plat shall be filed or submitted for ARC review that has not completed the sketch plan review process. The Andover Review Committee will review the plat with the developer to insure it is completed in accordance to City ordinances. The Committee will reply within thirty (30) days of the submittal as to whether the plat is or is not completed according to city Ordinances. lfthe plat is found to be in compliance with City ordinances, the Andover Review Committee will forward a preliminary plat application to the subdivider for submittal to the City Clerk. No incomplete preliminary plat application will be accepted by the City Clerk Plar~'1iag aHa Zeniag Cefl'lHl:ission. The subdivider can appeal items of contention to the City Council. Variance requests shall be identified on the preliminary plat and processed as outlined in Section 17 of this ordinance. All other Sections and Subsections of the Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover this 3rd August ,1999: day of CITY OF ANDOVER ATTEST: ~ !/.& Victoria V olk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA Ordinance No. 10EE AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: SECTION 6. SKETCH PLAN. Prior to platting any tract of land, the subdivider shall prepare a subdivision sketch plan for review by the Andover Review Committee (ARC), Planning and Zoning Commission and the City Council. Such sketch plan will be considered as having been submitted for informal review and discussion between the subdivider and the Andover Review Committee (ARC), Planning and Zoning Commission and the City Council. No fee shall be required of the subdivider for the submission of a sketch plan. However, review time by the ARC shall be billed towards the project provided the project continues beyond the sketch plan phase to the review of the preliminary plat. 6.01 On the basis of a subdivision sketch plan, the ARC, Planning and Zoning Commission and the City Council will iBfermally advise the subdivider of the extent to which the plan conforms to the Comprehensive Plan, design standards of this Ordinance and to other Ordinances of the City, County and State and will discuss possible modifications necessary to secure approval of the plan. 6.02 Procedure. The sketch plan shall be submitted and reviewed in accordance with the following procedures: A. The subdivider shall submit ten (10) copies of the sketch plan to the Community Development Director for review by the Andover Review Committee. The ARC shall review and comment on the preliminary plat within ten (10) days of the submittal by the subdivider. B. Upon ARC review and comment, the sketch plan shall be placed on the next available agenda of the Planning and Zoning Commission, but no sooner than ten (10) days after being reviewed by the ARC. Notification shall be sent to adjacent property owners within three hundred fifty feet (350') ten (10) days prior to the meeting of the Planning and Zoning Commission. Failure to receive such notification shall not invalidate the proceedings. C. Upon Planning and Zoning Commission review and comment, the sketch plan shall be placed on the next available City Council agenda, but no sooner than ten (10) days after being reviewed by the Planning and Zoning Commission. 6.03 The subdivider shall provide the following minimum information: A Site Location B. A sketch of the site showing its general shape and location of wetlands, forested areas, proposed ponding locations, adjacent roadways, Municipal State Aid designations, waterways, existing buildings and any other significant features of the immediate area. C. Type of development proposed. D. A preliminary road layout and lotting arrangement indicating minimum proposed lot size. E. Aerial photo (most current) with the sketch plan overlay. 6.04 The subdivider can be required to show adjacent property and any other property as determined necessary for proper review as required by the ARC, Planning and Zoning Commission, and City Council. Section 7. Preliminary Plat 7.02 Procedure. Prior to platting and subdividing any tract of land into two (2) or more lots, the following procedures shall be followed: A. Upon completion of the sketch plan review process as provided in Section 6, the subdivider shall file ten (10) copies of the preliminary plat with the City Clerk Community Development Director for review by the Andover Review Committee. No preliminary plat shall be filed or submitted for ARC review that has not completed the sketch plan review process. The Andover Review Committee will review the plat with the developer to insure it is completed in accordance to City ordinances. The C()}urnittee ARC will reply within thirty (30) days of the submittal as to whether the plat is or is not eompleted aeeording te City OrElinanees complete. If the plat is found to be incomplete the procedure stated in 7.02A shall continue until such time as the plat is found to be complete. If the plat is found to be in compliance with City ordinances,J2Y- the Andover Review Committee. the Community Development Director will forward a preliminary plat application to the subdivider for submittal to the City Clerk. No incomplete preliminary plat application will be accepted by the City Clerk. The subdivider can appeal items of contention to the City Council. Variance requests shall be identified and processed as outlined in Section 17 of this ordinance. Seeti9B 9.0(;1\2 /'~reas LaelHBg MHBieiflal SRBitary Sewer WithiB the UrhaB Serviee .\rea. IR areas laekiRg ffiWlieipai sanitary sewer ';rithiR the MetreflolitaR Urban Serviee .^..rea, FlO let shall Be aeT/elepea fur residentiai fHiifl8ses 1:lliless it eeataiRs a ffiiRiFRl:HR ef 22,500 s'i,1:1are feet ef eeRtigHeus laRa 'crith a miRiHrHm. vfidth of at least eRe ffimElrea fifty (150') feet aRd a ffiinil'ftlim. aeflth ef eRe ffimElrea fifty (150') feet aaa has a freatage ef at least ORe ffimElrea she.t)' five (HiS') feet at the ol:lilaiRg setBaek liRe. IR addition, tJ1ere shail alse 1313 tv.'<J (2) 5,0(;}(;} sEtl:lare foot are<*] aesig:eated aad stakea for the primary and seeo:eaary o:e site sefltie ElmiRneld based 0n the desigR eriteria for a fEll:1f (4) 13eElreem heme. The desigaatec! E1raiRfiels. as statea aBeve shall eomply ,,,,,4th Chapter 70&0, as amendeEL The le6atieR of the flrimary aRc! seeoRdafY sites shall be inElieated OR the preliffii:eary pacliag fllaa aad the desigR sfleeifieations for the E1rai:efields shall13e submitted with the S1:113ffiittal of the preliHliRary fllat. SaiEllet shall be Feq1:1ifes. to have a miRiffi-l:lm. finisheEl grade of at least sbe (6') feet aBeT/e the seasoaal high ,vater mark EIfld shall alse Fe'i,aire the leTsest floor to be a FRiRiml:HR of tMee (3') feet above the seasonal high water mark, er ene (1 ') feet aBEl,;e the designateS. Elf aesignes. eFle ft1:1flElred year fleea ele';.ation, T;:hieheyer is higher 1:1flless eyidenee is submittes. aaa sertifies. 13y a geoteeh:risal eagiReer that shall be Fede.;:eEl and eertified by aB. iRa6flenaeRt geElteehnieal engiReer hired BY the City at the e](fleRSe efthe developer and apflreyea 13y the City CCHIDeil that a seflaratioR of less thaR tMee (3') feet san be aehieyea aaa is v;arranted. The preliffiil1ary plat shall show a feasible plan for the future Fe subaiT/isioR by T,vmeh lets may 1313 sl:1bdiT/idec! iR lIfeas servea 13y pl:1blie water and saaitw:y sewer systeFRs. Note: Section 9.06A3 will be renumbered to 9.06A2. All other Sections and Subsections of the Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover this 6th 2000. day of June, ATTEST: CITY OF ANDOVER . f '- K~.fJ/ . E. McKelvey, May~/' tL:t.w d;Lt Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10 FF AN ORDINANCE AMENDING ORDINANCE 10, ESTABLISHING THE DEVELOPMENT CONTRACT AND LEVEL OF FINANCIAL SURETY REQUIRED TO GUARANTEE COMPLETION OF WORK. THE COUNCIL OF THE CITY OF ANDOVER ORDAINS: Ordinance 10, An Ordinance establishing the City Council as the platting authority of the City, establishing regulations and procedures for the subdivision and platting ofland within the City, and providing penalties for the violation of this ordinance of the City of Andover, is hereby amended as follows: (Strike out indicates words to be deleted, underlining represents words to be added.) SECTION 10. CONSTRUCTION OF IMPROVEMENTS. 10.02 Development Contract. Prior to the installation of any required improvements and prior to approval of the final plat, the subdivider shall enter into a contract with the City whieh cofltraet shall req1:1ire the sl::lbdiyider to construct said improvements at the sole expense of the subdivider and in accordance with approved construction plans and specifications and all applicable standards and Ordinances. Said contract shall provide for the supervision of construction by the Engineer; and said contract shall require that the City be reimbursed for all costs incurred by the City for Engineering and legal fees and other expenses in connection with the making of such improvements. The performance of said contract shall be financially secured by a cash escrow deposit or irrevocable letter of credit performance bona as hereinafter set forth. (10X, 6-6-95) 10.03 Financial Security. The development contract shall require the subdivider to make a cash escrow deposit or in lieu thereof to furnish a performance bona Letter of Credit in the following amounts and upon the following conditions: (lOX, 6-6-95) A. Escrow Deposit. The subdivider shall deposit with the Treasurer a cash amount equal to one lnmdrea fifty (150%) percent of as required by the City Development Contract with the total cost of such improvements as estimated by the Engineer, including the estimated expenses of the City for engineering and legal fees and other expenses incurred by the City in connection with the making of such improvements.(lOA, 9-10- 74) B. PerforBlllnce Band Letter of Credit. In lieu of a cash escrow deposit, the subdivider may furnish an Irrevocable Letter of Credit performance bond, with a corporate surety satisfaetory to the City in a sum eq1:1al to one ffiH:!dred fifty (150%) percent of as required by the City Development Contract with the total cost of such improvements as estimated by the Engineer, including the estimated expense of the City for engineering and legal fees and other expenses incurred by the City in connection with the making of such improvements. (lOA, 9-10-74) C. Conditions. The development contract shall provide for a completion date on which all of the required improvements shall be fully installed, completed and accepted by the City. The completion date shall be determined by the Council after consultation with the engineer and the subdivider, and shall be reasonable in relation to the construction to be performed, the seasons of the year and proper correlation with construction activities in the subdivision. The development contract shall provide that in the event the required improvements are not completed within the time allotted, the City shall be allowed to exercise its power to recover on the performance bond Letter of Credit or utilize the escrow deposit to complete the remaining construction to City standards and specifications. In the event the amount of funds recovered is insufficient to cover the cost of construction, the Council may assess the remaining cost to the lands within the subdivision. (lOX, 6-6-95) Adopted by the City Council of the City of Andover on this 5th day of August, 2002. CITY OF ANDOVER ~q?~~ Michael R. Gamache, Mayor ATTEST: ~#~ Victoria V olk, City Clerk Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Page No. 1 1 1 1 5 5 5 6 6 8 8 8 8 9 lO CITY OF ANDOVER SUBDIVIDING AND PLATTING ORDINANCE NO. 10 INDEX Short Title Interpretation and Scope Platting Authority Defini tions Enforcement and Penalty Sketch Plan ---------~---- Preliminary Plat 7.01 Conveyance by Metes & Bounds 7.02 Procedure 7.03 Preliminary Plat Schedule Required Preliminary Plat Data 8.0l Identification & Description 8.02 Existing Conditions 8.03 Design Features 8.04 Additional Information to be Furnished Subdivision Design Standards 9.01 General Requirements 9.02 Street Plan 9.03 Streets 9.04 Easements 9.05 Blocks 9.06 Lots 9.07 Parks, Playgrounds, Open Space and Public Uses Construction of Improvements lO.Ol General Conditions 10.02 Performance Contract 10.03 Financial Security 10.04 Construction Plans 10.05 Inspection lO.OS Prior Improvements 10.07 As Built Plans 10.08 Street Improvement Standards 10.09 Drainage Facilities lO.lO Subsurface Conditions lO.ll Water & Sanitary Sewer Systems 10.12 Sidewalks & pedestrian Ways 10.13 Public Utilities 10.14 Non-Conformance 11 11 11 12 14 14 15 l7 20 20 20 20 21 21 21 21 21 23 23 23 23 23 23 Section II Section 12 Section l3 Section 14 Section 15 Section 16 Section 17 Section 18 Section 19 Section 20 Final Plat ll.0l Procedure 11.02 Council Action 11.03 Recording 11.04 Required Final Plat Data Registered Land Surveys 23 24 24 25 25 26 26 26 26 27 27 27 27 28 28 28 28 28 28 28 28 28 29 Easements Restrictions of Filing and Recording Conveyances 14.01 Restrictions on Filing & Recording 14.02 Hardship 14.03 Penalty Plats Previously Approved Permits 16.01 Improvements 16.02 Access 16.03 Limitations Variances 17.01 Hardship 17.02 Procedure 17.03 Council Action Violation and Penalty Repeal Effective Date Amended thru lOX (6-6-95) , CITY OF ANDOVER SUBDIVIDING AND PLA TTlNG PROCEDURE FOR ORDINANCE 10 The following is a brief summary ::>f platting procedure as enacted into ordinance by the City of Andover, This summary is intended to be a guide to platting procedures, and together with Subdivi<;ling and Platting Ordinance 10, will assist the developer in meeting all ordinance requirements. Platting procedures in the City ::>f Andover inv::>lv'e submission ::>f three distinctly different sets of plans for review and approval by the Planning and Zoning Commission and the City Council. The plans and procedures for submission are as follows: 1. Sketch Plan a. The subdivider shall submit a sketch plan to the Planning Commission for review. b. The sketch plan is an informal presentation which allows the Planning Commission to advise the subdivider as to the extent the proposed plat corresponds to c::>mmunity standards. c. Required information for sketch plan review is as follows: 1) Rough sketch of site including site location 2) Type of development proposed 3) Preliminary lot and road layout in<:luding minimum proposed lot size d. Since the sketch plan is informal, it may be submitted at any time. Th~ Planning Commission aaks, however, that the sketch be submitted ( 12).'days prior to the meeting at which the developer wishes to discuss the plan, if possible, e. The Planning Commission will act on the sketch plan by accepting it when it c'::>nforms to community standards and development plans. The developer will then be allowed to submit a prelimLnary plat,' for the subdivision area. f. The sketch plan review will be completed at no cost to the developer. -1- ; ,J" ..,. . 2. Preliminary Plat The subdivider should submit ~opies of the preliminary plat to the City Clerk at least 23 calendar days prior to the Planning and Zoning meeting at which the plat is to be considered. He shall pay the City, at that time, an amount as set by Ordinance 10, Section 7.02 (b). a. b. A public hearing is required for the review :)f the preliminary plat and will be called by the Clerk within 60 days of the filing .:)f the preliminary plat. c. The Planning and Zoning Commission will conduct the hearing to determine if the plat conforms to the established community design standards, development plans, and zoning classifications. d, The engineer shall submit a report to the Planning Commis sion seven days prior to the public hearing. This report shall deal with drainage, streets, and other pertinent engineering matters. e. The public hearing may be adjourned and continued at a future meeting to allow the developer to make changes, supply additional information or comply to other Planning Commission requests. f, The required preliminary plat data is outlined in Section 8 :)f the' Subdivision and P1~tting Ordinance 10, g. The dedication of park and school sites, :)r payment :)f fees in lieu thereof, shall be discussed with the Planning Commission at the public hearing to determine how the ordinance requirements will be met, h. The Planning Commission will submit its recommendation concerning the plat to the City C ounc il, 5.. The City Council will act to approve or disapprove the plat at the next scheduled meeting. The approval of the preliminary plat is tentative only, subject to the compliance with all requi rements and recommendations as a basis for preparation of the final plat. j, The engineering and legal costs incurred for preliminary plat review will be paid by the developer. - 2- I""', , .i6--,< ~ 3, Final Plat a. Within six (6) months ,::>f the approval ::>f the preliminary plat, unless an ext~nsion of time is granted in writing by the City Council, the subdivider shall file 10 c'::>pies ::>f the finalplat with the Clerk and shall pay a filing fee of $10, 00. b, Also at the time of filing, the developer E/hall supply a copy of the abstract of title or registered property abstract certifying :)wnership of the platted land. c. The Engineer will submit a report as to the conformance of the plat to the community standards, and will also prepare and submit a cost estimate for proposed plat improvements. d. The Attorney will verify the ownership of the platted parcel and submit a r~port of his opinion. e. The subdivider will pay all engineering "and legal costs incurred in reviewing the final plat prior to City Council approval ::>f the plat. f. The reports of the Engineer and Attoney will be reviewed by the City Council at a regularly schedule Council Meettng at which the Council will approve or disapprove the final plat. g. The subdivider shall enter into a performance contract for constructbn of improvements and provide the city with a perbrmance bond or escrow deposit in amount of Engineer's estimate as a c:mdition for approval of the final plat. h. The subdivider shall meet the larnd dedication, or, in lieu thereof, the fee payment requirements of Section 9. 07::>f Ordinance 10, Park Land Dedication, prior to approval of the final plat. i. The Council will act on the final plat within sixty (60) days of the filing of the final plat, j. Following approval ::>f the final plat, the Clerk shall promptly notify the subdivider of said approval, and within thirty (30) days, the final plat shall be recorded with the Register of Deeds, Anoka County. k. The required final plat data is as listed in Sectbn 11.09 of Ordinance 10. The contents of this summary shall not be interpreted to alter, negate, or supercede any portions of Ordinance 10, and if any conflict in language or procedure could be interpreted, the provisions of Ordinance 10 /Shall supply. - 3- ./' .,' ~-... ----- -- -- -~~ .~l .ua. .u<:: d.HCLCnea AndOver Or inance No. lOB is a true and actual copy of an ordinance adopt d by the Andover, City Council on October 7, 1976, to become ffective upon publication date of October 15, 1976. 454704 Attachment \ , I , , ~, 11 f I, .,.., Or ,q'tI'" , ,".,,\ ........:00 ". .,. ,,' ~'......... "", ./- -~~ :: (J . ,'. ~ ~ ; t~.f' "':, 7~ ~ ': : iJ?C#1C''''JiM'ij E ~ . . ~ \11114 :"2 -"" ...- 0." $ .i~g'J:~~" ....". ,::. '.';'h;.,....~... Qi.~ \.,,'" "l,tV::$O' \\\~\' . , ~ .. , ,,, , 9.06 Lots. A. Minimum Lot Size. The minimum lot area shall be as specified in the respective zoning the City zoning Ordinance, and in addition, standards shall apply: AI. Municipal Sanitary Sewer. In areas served by municipal sanitary sewer systems, no lot shall contain less than 11,400 square feet nor have a width of less than eighty (80') feet at the building setback line. Corner lots shall be a minimum of one hundred (100') wide as measured at the building setback line or ninety (90') feet wide for back to back lots with a thirty-five (35') foot front setback, except for two-family lots which shall be required to be one hundred fifty (150%) percent of a single family minimum area and width. Residential lots shall be required to have the lowest floor to be a minimum of three (3') feet above mottled soils or one (1') foot above the designated or designed one hundred year flood elevation, whichever is higher. Any subdivision, lot split or replatting of existing developments shall be required to meet the standards of the original development or to meet the average size of the existing lots. On continuing streets where houses were constructed prior to the adoption of Ordinance lOH, adopted April 5, 1983, the setback shall be thirty-five (35') feet unless the existing structures would indicate a lesser setback to maintain uniformity in R-2, R-3 and R-4 districts. (lOC, 10-17-78; 10H, 4-05-83; 101, 10-02-84; lOT, 2-04-92; lOW, 6-16-93) and dimension districts of the following A2. Areas Lacking Municipal Sanitary Sewer Within the Urban Service Area. In areas lacking municipal sanitary sewer within the Metropolitan Urban Service Area, no lot shall be developed for residential purposes unless it contains a minimum of 39,000 square feet of contiguous land with minimum width of at least one hundred fifty (150') feet and minimum depth of one hundred fifty (150') feet and has a frontage of at least one hundred sixty-five (165') feet at the building set-back line. Said lot shall be required to have a minimum finished grade of at least six and one-half (6.5') feet above the seasonal high water mark and shall also require the lowest floor to be a minimum of three (3') feet above the mottled soils or one (1') foot above the designated or designed one hundred year flood elevation, whichever is higher. The preliminary plat shall show a feasible plan for future re-subdivision by which lots may be re-subdivided to meet the size and dimension standards of lots in ares served by public water and sanitary sewer systems. (10C, 10-17-78; 10M, 3-07-89; lOT, 2-04-92) A3. Areas Lacking Munici~al Sanitary Sewer Outside the Metropolitan Urban Service Ar~a. In areas which are not served by municipal sanitary sewer and outside the Metropolitan Urban Service Area, no residential lot shall be developed for residential purposes unless it contains a minimum of 108,900 square feet, of which 39,000 square feet of contiguous land area is buildable with a minimum width of Page 14 at least one-hundred fifty (150') feet and a minimum depth of one-hundred fifty (150') feet. Said lot shall be required to have a finished grade of at least six and one-half (6.5') feet above the seasonal high water mark and shall also require the lowest floor to be a minimum of three (3') feet above the mottled soils or one (1') foot above the designated or designed one hundred (100) year flood elevation whichever is higher. Said lot shall also have a width of at least three hundred (300') feet at the building setback line. For lots which abutt a cul-de-sac, the lot width at the setback line is to be a minimum of one hundred sixty (160') feet. Two lots maximum are allowed at the end of each cul-de-sac regarding the lot width. The preliminary plat shall show a feasible plan for future re-subdivision by which lots may be re-subdivided to meet the size and dimension standards of lots in areas served by municipal sewer. These provisions shall not apply to plats approved by the city prior to October 17, 1978. (10C, 10-17-78; 10M, 3-07-89; lOR, 8-07-90; lOS, 11-19-91) B. Location. All lots shall have at least the minimum required frontage on a publicly dedicated street. C. (10' ) three line. Corner Lots. Corner lots shall feet wider than interior lots on hundred (300') feet in width (lOC, 10-17-78; 10M, 3-07-89) be platted at least ten all lots of less than at the building setback D. Butt Lots. The use of butt lots shall be avoided wherever possible. E. Water Courses. Lots abutting upon a water course, drainage way, or stream shall have such additional depth or width as may be required to protect house sites from flooding and shall be subject to restrictions of the Department of Natural Resources and U.S. Corps of Engineers. F. Double Frontage. Lots with frontage on two (2) parallel streets shall not be permitted except where lots back on arterial streets or highways. Double frontage lots shall have an additional depth for screen planting along the rear lot line of ten (lO') feet. G. Access to Thoroughfares. In those instances where a plat is adjacent to a limited access highway or other major highway or thoroughfare, no direct vehicular access shall be permitted from individual lots to such highway. H. Natural Features. In the subdividing of land, regard shall be shown for all natural features, including tree growth, water courses, historic places and similar amenities of the area, which if preserved will add attractiveness and stability to the area. I. Lot Remnants. Lot remnants which are below minimum lot area or dimension must be added to adjacent or surrounding lots rather than be allowed to remain as an unusable outlot or parcel. Page 15 SECTION 17. VARIANCES. l7.0l Hardship. The Council may grant a variance from the requ~rements of this Ordinance as to specific tracts of land where it 1S shown that by reason of topography or other physical conditions strict compliance with these requirements could cause an exceptional and undue hardship to the enjoyment of a substantial property right; provided, that a variance may be granted only if the variance does not adversely affect the adjacent property owners and Comprehensive Development Plan or the spirit and intent of this Ordinance. (lOC, lO-17-78) 17.02 Procedure. Written application for a variance shall be filed with the Clerk, and shall State fully all facts relied upon by the applicant. The application shall be supplemented with maps, plans or other data which may aid in an analysis of the matter. The application shall be referred to the Planning Commission for its recommendation and report to the Council. 17.03 Council Action. No variance shall be granted by the Council unless it shall have received the affirmative vote of a majority of the full Council. SECTION 18. VIOLATION AND PENALTY. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by state Law. (10C, 10-17-78) The platting, replatting, subdividing or conveyance of land not in accordance with the requirements of this Ordinance may be enforced by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. SECTION 19. conflict with repealed. REPEAL. All Ordinances the provisions of this or portions thereof in Ordinance are hereby SECTION 20. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after its passage and publication. Passed by the Council this 15th day of February, 1972. Lou Appleby CHAIRMAN ATTEST: Mary L. West CLERK Amended thru lOW, 3-16-93 Page 27 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. lOGG AN ORDINANCE ESTABLISHING THE CITY COUNCIL AS THE PLATTING AUTHORITY OFTHE CITY, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE SUBDIVISION AND PLATTING OF LAND WITHIN THE CITY, AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: SECTION 6. SKETCH PLAN. Prior to platting any tract of land, the subdivider shall may prepare a subdivision sketch plan for review by the Andover Review Committee (ARC), Planning and Zoning Commission and the City Council. Such sketch plan will be considered as having been submitted for review and discussion between the subdivider and the Andover Review Committee (ARC), Planning and Zoning Commission and the City Council. No fee shall be required of the subdivider for the submission of a sketch plan. However, review time by the ARC shall be billed towards the project provided the project continues beyond the sketch plan phase to the review of the preliminary plat. (lODD, 8-3-99; 10EE, 6-6-00) 6.01 On the basis of the subdivision sketch plan, the ARC, Planning and Zoning Commission and the City Council will advise the subdivider of the extent to which the plan conforms to the Comprehensive Plan, design standards of this Ordinance and to other Ordinances of the City, County, and State will discuss possible modification necessary to secure approval of the plan. (IODD, 8-3-99; lOEE,6-6-00) 6.02 Procedure. The sketch plan shall may be submitted and reviewed in accordance with the following procedures: (1 ODD, 8-3-99) A. The subdivider shall submit ten (10) copies of the sketch plan to the Community Development Director for review by the Andover Review Committee. The ARC shall review and comment on the sketch plan within Fifteen (15) business days of the submittal by the subdivider. (10DD, 8-3-99) (lOFF, 7-16-2002) B. Upon ARC review and comment, the sketch plan shall be placed on the next available agenda of the Planning and Zoning Commission, but no sooner than ten (10) days after being reviewed by the ARC. (lODD, 8-3-99) C. Notification shall be sent to adjacent property owners within three hundred fifty feet (350') ten (10) days prior to the meeting of the Planning and Zoning Commission. Failure to receive such notification shall not invalidate the proceedings. (1 ODD, 8-3-99) D. Upon Planning and Zoning Commission review and comment, the sketch . plan shall be placed on the next available City Council agenda, but no sooner than ten (10) days after being reviewed by the Planning and Zoning Commission. (lODD, 8-3-99) Adopted by the City Council of the City of Andover on this 6th day of November, 2002. ATTEST: ~/UU Vicki V olk, City Clerk CITY OF ANDOVER /Y~~ Mfchael R. Gamache, Mayor