HomeMy WebLinkAboutOrd. 355 - Revision of Title 11 "Subdivison Regulations"
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 355 SUMMARY
AN ORDINANCE REVISING TITLE II "SUBDIVISION REGULATIONS" OF THE
ANDOVER CITY CODE
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statute 462.
Policy
Title II of the Andover City Code dates back to the original 1974 draft. Much of the language is
outdated and needs to be brought in line with current use, policy, and regulations. Checklists
itemizing all requirements for preliminary and final plat submissions are a part of the approved
changes to code.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator 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.
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk.
Adopted by the City Council of the City of Andover on this 18th day of September, 2007.
AT~ .
. . I)~
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 355
AN ORDINANCE AMENDING CITY CODE TITLE 11 "SUBDIVISION
REGULATIONS"
TITLE 11
SUBDIVISION REGULATIONS
Subject Chapter
General Subdivision Provisions ................................. 1
Subdivision Plats And Procedures............................. 2
Design Standards ......................................................3
Required Improvements..... .................. ......................4
1
CHAPTER 1
GENERAL SUBDIVISION PROVISIONS
SECTION:
11-1-1: Short Title
11-1-2: Interpretation, Scope And Application Of Provisions
11-1-3: Platting Authority
11-1-4: Definitions
11-1-5: Easements To Be Dedicated
11-1-6: Restrictions On Filing And Recording Conveyances
11-1-7: Restrictions On Issuance Of Permits
11-1-8: Previously Approved Plats Exempt
11-1-9: Variances
11-1-10: Enforcement And Penalty
11-1-1: SHORT TITLE: This title shall be known as the SUBDIVISION
ORDINANCE OF THE CITY and will be referred to herein as "this title".
(Amended Ord. 10,2-15-1972)
11-1-2: INTERPRETATION, SCOPE AND APPLICATION OF
PROVISIONS:
A. Interpretation And Scope: All land subdivisions within the city shall
equal or exceed the standards set forth in this title. The standards
established by this title 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.
B. Application Of Provisions: The provisions of this title shall apply to all
Registered Land Surveys within the city, and the standards, regulations
and procedures hereof shall govern the subdivision of land by
Registered Land Survey. Building permits shall be withheld on tracts that
have been subdivided by unapproved Registered Land Surveys, and the
City shall decline to accept tracts as streets or roads or to improve,
repair or maintain such tracts within an unapproved Registered Land
Survey. (Amended Ord. 10,2-15-1972)
11-1-3: PLATTING AUTHORITY: The Council shall serve as the platting
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-1-
authority in accordance with Minnesota Laws of 1965, Chapter 670 Minn sota
State Statutes Chapter 462.358. No plat, replat, subdivision of land or
Registered Land Survey shall be filed or accepted for filing by the County
Recorder unless it is accompanied by a certified copy of a resolution adopted by
the affirmative vote of a majority of the members of the Council approving such
plat, replat, subdivision of land or Registered Land Survey. (Amended Ord. 10,2-
15-1972)
11-1-4: DEFINITIONS: For the purpose of this title, certain words and
terms are hereby defined as follows:
ALLEY: A public right-of-way which affords a secondary means of
access to abutting property. No alley shall be allowed.
ANDOVER
REVIEW
COMMITTEE
(ARC): Consists of a representative of the following departments:
Administration
Building
Engineering
Finance
Fire
PlaRRiRl!! aRB Z€lRiRl!! Community Development
Police/Public Works
BLOCK: An area of land within a subdivision that is entirely
bounded by streets, or by streets and the exterior
boundary or boundaries of the subdivision, or a
combination thereof with a stream or lake.
BOULEVARD: That portion of the street right-of-way between the curb
line or edae of street that has no curb and the
property line.
BUILDABLE LOTS: Lots that conform to the requirements of Section 11-3-6 of
this title.
BUTT LOT: A lot at the end of a blook located between two (2) corner
lots.
CITY: The City Administrator or his/her desiqnee.
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CITY COUNCIL: Council of the City of Andover.
COMPREHENSIVE
PLAN: Unless otherwise stated, it is the general plan for land use,
transportation, and community facilities prepared and
maintained adopted by the community Planning and
Zoning Commission City Council.
DESIGN
STANDARDS: The specifications to landowners or subdividers 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: A grant by a property owner for the use of a portion of
land for the express purpose of constructing and
maintaining streets, trails, slopes1.. =@F sidewalks. grade
transitions1.. =@F utilities, including, but not limited to,
electric and telephone lines, sanitary and storm sewer
lines, water lines, surface drainageways, cable TV,
communication lines, and gas lines.
ENGINEER: Denotes the City Engineer unless otherwise stated.
FINAL PLAT: A drawing or map of a subdivision that meets all of the
requirements of the City and is in such form as meets state
and county requirements for purposes of recording.
GRADE, SLOPE
OR GRADIENT: The rate of vertical rise or drop from any fixed horizontal line
or point.
IMPROVEMENTS: The construction or installation of public or private utilities
including, but not limited to, potable water systems, sanitary
sewer systems, storm sewers, roads and other
thoroughfares, sidewalks, trails, 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: A parcel of land delineated upon and thereafter described by
reference to a plat, Registered Land Surveyor Auditor's
Subdivision, or other similar recorded dedicatory document.
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MAINTENANCE
ACCESS: An acc ss f r the use f a portion of land and/or
easement for the express purpose of maintaininQ
municipal watermain. sanitary sewer. storm sewer. and
other municipal facilities.
OPEN SPACES: Areas set aside for the preservation of natural open spaces
to counteract the effects of urban congestion and
monotony.
OWNER: Any combination involving a person; firm; corporation,
including a foreign, domestic or nonprofit corporation; a
partnership, including a limited partnership; a trust; a
political subdivision of the state; or other legal entity or
business organization, having sufficient legal proprietary
interest in the land sought to be subdivided to commence
and maintain proceedings to subdivide the same under
this title.
PARKS AND
PLAYGROUNDS: Public lands and open space in the city dedicated for use
for recreation purposes.
P~IJ~~TRI.i\~1.l
TRAIL ~: A public €lr ~ri\'iilt8 right-of-way or easement '.'1itRiR €lr iil€lr€lSS
iil sl€l€lh €lr sl€l€lhs to provide access for pedestrians and
multi-users which also may be used for underQround
public and private utilities.
PLANNING ANQ
ZO~mIG
COMMISSION: The Planning iilR€ll€lRiR~ Commission of Andover.
PRELIMINARY
PLAT: The tentative drawing or chart indicating the proposed
layout of the subdivision to be submitted hereunder in
compliance with the Comprehensive Plan and those
regulations including required supporting data.
PROTECTIVE
COVENANTS: Contracts made between private parties as to the manner in
which land may be used, with the view of protecting and
preserving the physical and economic integrity of a given
area.
REQUIRED
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PUBLIC
IMPROVEMENTS: Those improvements in any proposed subdivision,
including streets, water and sanitary sewer systems,
storm water drainage systems, sidewalks. trails.
emergency access drives. and others which are required
in connection with the approval of any plat or other
subdivision.
RIGHT -OF-WAY: Tf;;ls J:ll;llelli€lly @'::RSS area leletwseR asja€lElRt J:lrivatl3
J:lrBJ:leR>J !iRes t':itf;;liR tREl limits @f a street, J:lssestriaR '.'Jay,
@r tR@rBl;I~Rfare. A strip of land acquired bv dedication.
reservation. prescription or condemnation occupied or
intended to be occupied bv a street. sidewalk. trail,
snow storage. traffic control siQns and devices.
utilities and utilitv structures and drainage. (Amended
Ord. 314. 10-4-2005)
SEASONAL
HIGH WATER
MARK: Is iRsi€lat@slely m@ttles s@ils @r The elevation of mottled
soils or is=the highest anticipated Qroundwater table. or
elevation shown bv a geotechnical study accepted bv
City Staff..
SKETCH PLAN: An informal drawing or sketch of the proposed development
submitted to the GteJ:k City for consideration prior to
submittal of the preliminary plat.
STREET: ^ J:ll;llelli€lly €lV:RSS ri~Rt @f .....ay aff€Jrsir;}~ J:lrimaPf assess Iely
J:lssestriaRs aRs v€lRislElS 'NRetRer sesi~Rat8s as a strset,
Ri~R'Nay, tR@r@l;I~Rfars, J:larlw:ay, r@as, aV@Rl;IS, @r R@',\'Sver
@tRerwise sesi~r;}ates.
A public or private roadway intended to be used for th
passage or travel bv vehicles. pedestrians. bicvclists
and related maintenance equipment. (Amended Ord.
314. 10-4-2005)
Arterial Streets R@ass: The major traffic carriers feeding to the state highway
system. City arterials are comprised mostly of existing
county roads in the City as defined in the Comprehensive
Plan. Minimum now 3ccess spaoing sh::lIl be six hundred
sixty fect (660').
Mffief Local
Rural City
Street: A relral rsas'!:ay street located in the rural area that \':RisR
6
serves abutting properties and the local needs for a
neighborhood.
Mffief Local
Urban City
Street: A street located in the urban area used primarily for access
to the abutting properties and the local needs for a
neighborhood.
Maior Collector
Street: Collector street with more than 2.500 averaQe dailv trips
(ADT).
Minor Collector
Street: Collector street with 2,500 or fewer averaQe dailv trips
(ADT).
Colleotor Streets: Feeders to the arterial roads as defined in the
Comprehensive Plan or generally with an ADT of one
thousand (1,000) or greater or a munioipal state aid street f-or
the city. Minimum new aooess spaoing shall be three
hundred thirty feet (330').
Cul-De-Sac: A street with only one outlet and having an appropriate
terminal for the safe and convenient reversal of traffic
movement.
Service Street
Or SSPJi@€l R.€Iaa: A street which is adjacent to a thoroughfare and which
provides access to abutting properties and protection from
through traffic.
n€lf€lH~Rfares: .~. maiR rl;laa €Ir I@HBIi@ Ri~R'....a'l ia€lRtifisa as e mHRi@il@el stet€l
aia @el;lRty, stete, er €ItRer limit€l€l e@@€lSS Ri~R'Ney.
STREET WIDTH: n€l SR€lRest €IisteR€l8 B€lW:€l€lR tRe let liR€lS a8IiR€letifl~ tREl
ri~Rt €If ':Jay €If e str€l€lt. The distance between the back
of the curb to the back of the curb or from the edae of
pavement to edae of pavement if curbinQ does not
exist.
SUBDIVIDER: Any person, firm or corporation having sufficient
proprietary interest in land in order to subdivide the same
under this title.
SUBDIVISION: The division of a tract of land into two (2) or more lots or
7
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 process
of subdividing or to the land subdivided.
TOPSOIL
BORROW: For general use as a turf growing medium shall meet the
requirements outlined in the most current MNDOT standard
specifications for construction and be in accordance with
MNDOT 3877 topsoil borrow or as approved by the City
Engineer. (Amended Ord. 10,2-15-1972; amd. 2003 Code;
Ord. 273, 9-2-2003)
TRAFFIC IMPACT
STUDY: A study of existina traffic and anticipated traffic
conditions with and without the traffic impacts of the
development. The study should include proposed
mitiaation of impacts and resultina traffic conditions.
11-1-5: EASEMENTS TO BE DEDICATED:
A. Dedication Of Easements: HIe City sRall r€l€fl.lire as a @sFl€litisFl sf tRe
a,.,.reval €If tRB ,.reliJ:RiFlary ,.Iat tRB €Ie€li@atisFl sf Final plats shall identify
and dedicate all easements for utilities, drainage, street rights-of-way,
surface water ponding and such other public uses as shall be found
necessary, convenient or desirable by the City to ensure the timely
extension of utilities to adjacent properties. Lots served by municipal
services shall have 5-foot drainaae and utility easements alona the
side lot lines and 10-foot drainaae and utility easements alona the
front and rear lot lines. Lots without municipal services shall have
10-foot drainaae and utility easements alona all property lines. m
as@sr€laFl@8 \"IitR 1!!)(RiBit A €If tR€I Q€I'/elsJ;JJ:RsFlt Psli@y l2l.li€leliFlEl a€lsJ;Jts€l
BY tR€I City CSl.lFl@i1 aFl€l SFl file iFl tR€I smes sf tRS City Clsrl{. Easements
for trails and maintenance access will be dedicated on a separate
document.
B. Submission To City Council: Prior to the submission of a final plat,
Registered Land SUNey or land subdivision to the City Council for
approval, the subdivider shall furnish the City with all easements for
l.ltiliti€ls, €IraiFla~s, street ri~Rts €If '.vay, sw;fass water J;J€lFl€liFl~, trails.
maintenance access. and such other public uses as shall be found to be
necessary, convenient or desirable by the City. Said easements shall be
in proper form for recording in the office of the County Recorder.
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.
8
C. NecessitY.Qf Easement Determined: 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 need and extent of the easement
to be dedicated. The subdivider shall furnish the City with all easements
found to be necessary by the City Council. (Amended Ord. 10,2-15-1972)
11-1-6: RESTRICTIONS ON FILING AND RECORDING CONVEYANCES:
A. Restrictions On Filing And Recording:
1. No conveyance of land to which these 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 became effective. This provision does not apply to a
conveyance if the land described:
a. Was a separate parcel of record April 1 , 1945, or the date of
adoption of subdivision regulations under Laws 1945, Chapter 287,
whichever is the later, or of the adoption of subdivision regulations
pursuant to a home rule charter; or
b. Was the subject of a written agreement to convey entered into
prior to such time; (Amended Ord. 10,2-15-1972)
c. Was a separate parcel of not less than two and one-half (2 1/2)
acres in area and one hundred fifty feet (150') in width on January
1, 1966, or is a single parcel of land not less than five (5) acres in
area and having a width of not less than three hundred feet (300'),
and its conveyance does not result in the division of the parcel into
two (2) or more lots or parcels, anyone of which is less than five (5)
acres in area or three hundred feet (300') in width, except land that
is in the Rural Reserve area and is further restricted by the
subsection that follows; and except as allowed bv City Code
Section 13-1. .
d. Is located in the Rural Reserve area (as designated in the
Andover Comprehensive Plan) and is residential or agricultural land
of not less than forty (40) acres or less than five hundred feet (500')
in width and its conveyance does not result in the division of the
parcel into two (2) or more lots or parcels, anyone of which is less
than forty (40) acres in area or five hundred feet (500') in width. The
following exception is allowed, excluding minor parcels that will not
allow for additional building units that will not impede future
9
development of the Rural Reserve upon approval of the City
Council. (Ord. 274, 9-2-2003)
e. 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 administratively by
tfleleAiA~ A€lmiAistrater the City if the resulting configuration will
have no adverse effects on surrounding property. Should the
leAiA~ ^€ImiAistrater City determine the moving of interior lot lines
may have an adverse effect on either adjoining property or may
circumvent other applicable zoning restrictions, the ^€ImiAistrater
City then shall require the request be processed iA tfl13 Aermel
meAAer as a variance to this title by both the Planning eA€lleAiA~
Commission and the City Council. Any lot so re-aligned shall be
accompanied by a certificate of survey.
S. Hardship: 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 this title, the Council may waive such
compliance by adoption of a resolution to that effect. The conveyance may
then be filed or recorded.
C. 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 City a penalty of not less than one hundred dollars ($100.00) for
each lot or parcel so conveyed. The City may enjoin such conveyance or
may recover such penalty by a civil action in any court of competent
jurisdiction. (Amended Ord. 10,2-15-1972)
11-1-7: RESTRICTIONS ON ISSUANCE OF PERMITS:
A. Improvements: All electric. cable TV. telephone. communications
equipment and gas distribution lines or piping, ree€lvo'ays streets.
sidewalks/trails and other similar improvements shall be constructed
only eA e street within public riQht-of-way, er etlger I3MBli€l '!o'er er
13esem€mt which is designated on an approved plat, or properly indicated
on the official map of the City, or which has otherwise been approved by
the Council. (Amended Ord. 10,2-15-1972)
S. 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.
10
This limitation on issuing permits shall not apply to Planned Unit
Developments approved by the City Council pursuant to Title 13, Chapter
3 of this code. (Amended Ord. 10,2-15-1972; amd. 2003 Code)
C. Limitations: No building permit shall be issued for the erection of any
building on any land conveyed in violation of the provisions of this title. 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 five (5) acres
and having a width of less than three hundred feet (300'). (Amended Ord.
10,2-15-1972)
11 1 11: PR~VIOlJ~lY P.PPROVIi!Q PL^.T~ Ii!XIi!MPT: 1'.lIl'lrslimiflap]' sr
fiflall'llats, Rs~istsres lafls ~~J:I.:sys, sr etRsr s~Bsivisiefls €lf lafls al'll'lr€l'J€lS BY
tRs City C€l~fl@il B~t fl€lt fil€ls 'xitR tRe C€l~flty RS@€lrs€lr ~flS€lr I'lr€lVi8~S
8rsiflElfl@@S SRElII fl€lt BS s~Bje@t t8 r8€l~ir@m€lflts €If tRis titl€l, mr tR€l tims 1'l8ri8SS
set €l~t ifl Miflfl€lS€lta Stat~t@s 1~2.:Hil1 ~~BS. J @. I'lr€l'/is€ls sais s~Bsi\'isi€lfl is
fil€ls witRiFl silt (~) m€lfltRs €lf tR€l €lffeGti\,,'8 sat€l €If tRis titls.
11-1-9: VARIANCES:
A. Hardship: The Council may grant a variance from the requirements of this
title as to specific tracts of land where it is 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 title.
B. 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 that may aid in an
analysis of the matter. The application shall be referred to the Planning
aFls Z€lFliflQ Commission for its recommendation and report to the Council.
C. 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.
(Amended Ord. 10,2-15-1972)
11-1-10: ENFORCEMENT AND PENAL TV:
A. Unless approved as a final plat as provided herein, no s~Bsi'/isi€lFl plat
shall be entitled to record in the County Recorder's office or have any
validity, and the City shall not issue building permits for any structure on a
lot in any proposed subdivision. The City shall not permit any public
improvements to be installed unless the preliminary plat is approved and
11
sRall R@t Jilsrmit aRY ssr;vi@@s ~mtil aJilw@val @ftR8 fiRal Jillat aR€l rEl@@r;€liR~
@f same the D v lopment Guidelines f r publiclv or privat Iv installed
infrastructure improvement requirements have been met.
B. Any firm, person, or corporation who violates any of the provisions of
these regulations, @r '::R@ sells, leases, @r @ff€lrs fer sale @r lease aRY I@t,
el@@I" @r traet @f laR€l R@reiR re~wlate€l e@f@m all tRe re€lWiremeRts @f tRese
re~wlatieRs Ravs eeeR @@mJillie€l '/.'itR, shall be charQed with ~wilty €If a
misdemeanor and, upon conviction thereof, shall be punished as defined
by state law. ~a@R €lay tRat a vi@latieR is JilElrmitte€l tEl ElJcist sRall @eRstitwte
a sElJilarate @ff€lRse.
c. The platting, replatting, subdividing or conveyance of land not in
accordance with the requirements of this title may be enforced by
mandamus, injunction, or any other appropriate remedy in any court of
competent jurisdiction. (Amended Ord. 10,2-15-1972)
12
CHAPTER 2
SUBDIVISION PLATS AND PROCEDURES
SECTION:
11-2-1: Sketch Plan
11-2-2: Preliminary Plat
11-2-3: Final Plat
11-2-1: SKETCH PLAN:
A. SIH~tsR PlaR P'\;ItRerizeG Procedure: Prior to platting any tract of land, the
subdivider may prepare a subdivision sketch plan for review and
comment by the Andover Review Committee (ARC), Planning ami
ZeRiR~ Commission and the City Council. A public hearinq bv the
Plannina Commission shall be held in accordance with Chapter 12-
14-8. S\;I~R shetsR !\lIaR '::ill Be seRsiGereG as Ra':iR~ BeeR s\;lBmittl3G fer
review aRG GiS8\;1Ssi8R Betv:eeR tR8 s\;IBGiviGer aRG tRe P.RG8V8r R€l',ie'.\'
C8mmittee (ARC), PlaRRiR~ aRG Z8RiR~ C8mmissi8R aRG tRe City
C8\;1RSil. We A Sketch Plan Fee too shall be required of the subdivider for
the submission of a sketch plan. However, Anv review time by the ARC
shall be billed towards the subdivider. project, provided tho projoct
continuos beyond the sketoh plan phase to tho review of the prelimin31)'
~
B. Compliance With City Provisions; Modifications: On the basis of the
subdivision sketch plan, the ARC, Planning aRG Z8RiR~ 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 title and to
other ordinances of the city, county, and state. There will be discussion on
possible modification necessary to secure approval of the plan. (Amended
Ord. 10,2-15-1972; amd. 2003 Code)
C. Pr8S8G\;Ire j;8r Submission And Review: The sketch plan shall be
submitted and reviewed in accordance with the following procedures:
1. The applicant shall submit a Sketch Plan Review fee as defined in
the Fee Schedule adopted bv Ordinance bv the City Council.
~~. The subdivider shall submit ten (10) copies of the sketch plan to the
City Community Devolopment Director for review by the Andover Review
Committee (ARC). The ARC shall review and comment on the sketch plan
within ten (10) days of the submittal by the subdivider.
~_ LJ!\l8R f.RC re':iew aRG 88mmeRt, tR8 shet8R !\lIaR sRall Be !\llaseG 8R tRQ
13
Relit 8v8il81;)Ie 8~eR€l8 ef tRe PI8RRiR~ 8R€lleRiR~ Cemmissi@R, I;)yt R@
s@@RertR8R t@R (10) €l8YS after 1;)8iR~ revie'f:@€ll;)ytR8 J\RC. TRe PI8RRiR~
C@mmissi@R sR811 R@I€l 8 Pyl;)li@ HS8riR~ iR 8@@@f(iJ8R@S '::itR CR8J3tsr 12 15
14 g I;)€lfers revie'.\' I;)y tRS City C@YR@il.
3. After the public hearina and the Ypoo Planning Commission review
and comment, the sketch plan shall be placed on the next available City
, Council agenda for Council review and comment, I;)yt R@ s@eRsr tR8R
teR (10) €l8YS 8fter BeiR~ revis'!:e€ll;)y tRe PI8RRiR~ 8R€lI@Rir;}~
C@mmissi@A. (.'\m@R€ls€l Or€l. J14, 10 4 2(05)
D. Required Information: The subdivider shall provide the information as
listed on the Sketch Plan application. TR@ syl;)€li'/i€lsr sR811 J3r@vi€le tRe
f@II@'.\'iR~ miRimym iRf@Fm8ti@A:
1. &:its 1@@8ti@A.
2. ft. SI{et@R @f tRe site SR@'NiA~ its ~eReFaI SR8J3S 8A€lI@@8ti@A @f '.V@tI8R€lS,
f@rsste€l 8re8S, J3F@J3@se€l J3@R€liR~ 1@@8ti@Rs, 8€lj8@8At rB8€lw8)'S, mYRi@iJ381
st8te 8i€l €lesi~A8tieAs, v/8terv!8YS, 8l(istiR~ I;)Yil€liA~S aA€l aRY etRer
si~Aifi@"lAt featyres ef tR8 imme€li8te 8re8.
J. TjJ3e @f €le'/el@J3mEmt J3rBJ3ese€l.
4. ^ J3relimiR8ry r@8€l18y@yt 8A€l1@t 8rF8R~8mr;.JRt iR€li@8tiA~ mir;}imym
J3r8J3@se€ll@t size.
5. .\eri81 J3R@t@ (m@st @YFreRt) 'NitR tRe SI{8t@R 13181'1 @verI8Y.
E. Additional Requirements: The subdivider GEm shall be required to
show adjacent property and any other property as determined
necessary for proper review as required by the ARC, Planning aM
leFliA~ Commission, and City Council. (Amended Ord. 10,2-15-1972)
11-2-2: PRELIMINARY PLAT:
A. Minimum Lot Size: There shall be no conveyance of land described by
metes and bounds if the conveyance is less than five (5) acres in area and
three hundred feet (300') in width: except as allowed bv City Code
Section 13-1.
B. Procedure: Prior to platting and subdividing any tract of land into tw@
(2) @r mere I@ts more than two lots, the following procedures shall be
followed:
1. ARC Review:
14
a. lJ~€lA El€l~~18ti€lA €If tREl sl~stElR ~laA rs':i€l\'J ~r€lEless as ~r€l\'i€l8€l
iA SSElti€lA 11 2 1 €If tRis ElRa~tsr, tR9 The subdivider shall file ten
(10) copies of the preliminary plat with the City C€l~~.mity
QS'JeIS~~ElAt QirsElter for review by the Andover Review
Committee. ~I€l ~reli~iAap; ~Iat sRall BEl fils€l €lr sElB~itte€l f€lr ARC
rsvie'/: t!;tat Ras A€lt El€l~~letEl€l tRe shetElR ~laA review ~reEl8ss.
b. The Andover Review Committee shall review preliminary plat
submissions pursuant to Minnesota State Statutes and the
City Code. '.vill revisV! tRe ~Iat v:itR tRe €le':el€l~er t€l eASElr@ it is
El€l~~lete iA aElEler€laAEle 'sitR City er€liAaAEl8s. ne f.RC ',viII rt3~ly
'.VitRiA tRiw)' (JO~ €lays €If tRe sElB~ittal as te ':fRstRer tREl ~Iat is €lr is
Ast Ele~~lste. If tRe ~Iat is feElA€l t€l Bel iAEl€l~~lete, tRe ~r€lEle€lElr8
stat€l€l iA SElBseElti€lA ~1 a ef tRis SEHlti€lA sRall El€lAtiAEle ElAtil sElBh
ti~s as tRs ~Iat is f€lElA€l t€l Be El€lFJl~lste. If tREl ~Iat is f€lElA€l te BEl iA
El€l~~liaAEle witR City er€liAaAEleS BY t!;te ."<A€lever Re'.:ie'::
C€l~~itt€le, tRe Ce~~ElAity Qe':el€l~~sAt QireElter ':fill f€lPil:ar€l a
~reliFJliAar'f ~Iat a~~IiElati€lA t€l tRe sElB€livi€ler f@r sElB~ittal te tREl City
Clerh. ~I€l iAEl€l~~lste ~reli~iAarf ~Iat a~~lil.atieA will Be aElEle~ts€l
BY t!;te Cip{ Clsrlc T!;te sElB€livi€ler ElaA a~~sal ite~s €If EleAteAti€lA ts
t!;te City C€lElAElil. VariaAElS r€l€lElests sRall BEl i€leAtifi€l€l em€l
~reElesse€l as SEltliAS€l iA SeEltieA 11 1 Q €If tRis title. (A~8A€le€l Or€l.
10, 2 Hi 1Q72)
2. Fee: At the time of the filing of the preliminary plat, the subdivider shall
pay a preliminary plat fee as defined in the Fee Schedule adopted by
Ordinance by the City Council. te t!;te Elity a me as S€lt BY Title 1,
CRa~ter 7 €If tRis Ele€l8~ f€lr ~Iats iAvel'fiAS resi€leAtiall€lts €lAly, a ms as
sst BY Title 1, CRa~tsr 7 ef tRis El€l€ls mr ~Iats iAvelviAS etRsr tRaA
resi€leAtiallets, ~IEls a res set BY Titls 1, C!;ta~tsr 7 ef tRis El€l€l€l fer €laElR
aElre €If laA€l iA all ~reli~iAap1' ~Iats. (A~eA€l8€l Or€l. 10, 2 1 ~ 1 Q72; a~€l.
2002 C€l€l€l)
2. QistriBElti€lA Of Ce~i8s: T!;te Clerl~ sRall r€lEleiv€I teA (1 O~ El€l~i€ls iA
a€l€liti€lA t€l tRess r€l€lEleste€l ElA€lsr SElBseElti€lA ~ 1 a ef tRis SSElti€lA aA€l remr
S€lVSA (7) El€l~iss ef tRIO ~reli~iAaPf ~Iat t€l tR€I PlaAAiAS aA€ll€lAiAS
Ce~~issieA aA€l €IAe El€l~Y t€l tRe IiASiAS€lr.
4. IiAsiAser's Re~€IR:: n€l IiAsiA8€1r sRall sElB~it a \':ritteA r€l~€IFt t€l tR€I
PlaAAiAS aA€ll€lAiAS C€l~~issi€lA, "':RiElR sRall €lsal '.'IitR €lraiAase, streets,
em€l etRsr €IAsiAe€lriAS ~attsrs ~eFtiAsAt t€l sai€l ~r€lli~iAary ~Iat. Sai€l
re~€IFt sRall Be sElB~itte€l t€l tRe PlaAAiAS aA€ll€lAiAS CeFJl~issi€lA ~ri€lr te
t!;t€l ~E1BIiEl R€lariAS ~r€lsElriB€I€l iA SElBseElti€lA ~~ €If tRis SSElti€lA.
3. Reauired Data: Preliminary plat applications shall not be
15
consid red compl te until the r Quirements listed on th Preliminarv
Plat Checklist hav b n m t. Th Pr liminarv Plat Checklist is on
file with the City.
4. The City staff shall submit a written report to the Plannina
Commission. which shall deal with drainaae. streets. and other
planninQ and enQineerinQ matters pertinent to said preliminarv plat.
Said report shall be submitted to the PlanninQ Commission prior to
the public hearinQ prescribed in this section.
~5. PlaflfliflS AfI€llefliflS Cemmissiefl J.leariflS Public HearinQ
Process: Public Hearinas shall be held pursuant to Minnesota Stat
Statute 462.358 and TRe PlaflfliflS Csmmissiefl sRal1 Rel€l a ~YBli€l
R€lariflS SfI tRe W€llimiflary ~Iat 'l:itRil9 si>Ety (@Q) €lays after sai€l €lSm~18t€l
~r13limiflary ~Iat afl€l €lsm~I€lte a~~lisatiefl are file€l 't:itR tRe Clsrh. TRs
PYBlis J.l€lariflS sRall Be Rel€l according to CRa~t€lr City Code Title 12 -14
~ -8. At said hearing, all persons interested in the plat shall be heard.
(Amended Ord. 314, 10-4-2005)
6. Council Action:
a. After the PlanninQ Commission acts on the preliminarv plat.
the Council shall approve. disapprove. or modify the
preliminarv plat. The date of the meetinQ shall be at the
discretion of the City and in adherence to the 120-Dav Rule as
defined in Minnesota State Statute 462.358 Subd. 3b. J\ftsr tRS
CSYflsil r€lseiv13s tR€l re~sR sf tRS PlaflfliflS .m€llsfliflS
CsmmissisA, tRe CSYflsil, at its fI€l)Et resYlar sSRe€lyl€l€l m€lEltiflS,
sRall a€lt ts a~~rsvEl sr €lisa~~rs'Js tREI ~relimiflar:y ~Iat. TRS rEl~SR
sf tREl Plal9l9iflS afl€llsfliflS Cemmissisl9 sRall BS ~Iase€l SfI tRS
asel9€la sf tR8 City CSYflsil ifl tRS fslIs'::iflS mal9f1er:
(1) ResemmeA€latiel9s 'frem tRe PlaflfliflS al9€llefliflS
Cemmissiel9 meetiflS Rel€l efl tRe sesefl€l TY€ls€lay sRall Bel
~Iass€l SA tRe aS€ll9€la sf tR8 City CeYflsil at tREl first TY8s€lay
m€lEltiflS sf tR€l fellsvJiAS mSfltR.
(2) R8ssmmefl€latis19s frsm tR€l PlaAAiflS afl€llsfliflS
Cemmissisl9 m€letiflS Rel€l SA tR€l fGYRR TYEls€lay sRall Be
~Iase€l SfI tRe as€m€la sf tRe City CSYfI€lil at tRe tRir€l
Tyes€lay meetiflS sf tRS fells\':iflS mel9tR, YAless tR8re are
fivEl (5) Tyes€lays ifl tR€l Si'/8f1 mSfltR frsm '.vRisR tRs
r€lssmmefl€latisl9 sf tRe Pla1919iAS afl€llel9il9S CsmmissisfI is
ma€le, ifl 'NRi€lR saS8, tR8 r8SSmm8f1€latiefl sRall BS ~Ia€le€l
SfI tRS asefl€la sf tR€I Cit'J CSYflsil at tR€I first TY€ls€lay
meetiflS €If tR€I fellevJiflS mefltR.
16
b. If the Council should deny sRall 8isal'll'lrBve the plat, the
grounds for any such 8isal'll'lfeVal denial shall be set forth in the
proceedings of the Council and reported to the subdivider within
fourteen (14) days thereafter.
c. Approval of a preliminary plat by the Council is tentative only,
subject to the compliance with all requirements and
recommendations in the preliminary plat resolution as a basis
for preparation of the final plat.
6.=#. Petition To Rezone: At the time of the filing of the preliminary plat,
the subdivider shall submit to the ~ City 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 petition.
8. .^.pproval Of Engineering Factors: Subsequent approv~:lI by the Council
sh311 be required of 311 engineering consider3tions presented in the
preliminary plat .....hich include, but which shall not be limited to,
e3sements, water supply, sewage disposal, storm drainage, surface water
stor3ge, g3S 3nd electric services, road gr3dients 3nd '....idths, 3nd the
surfacing of streets, prior to the approv31 of the final plat by the Council.
9. TifFls lifFlit OF! .^.€ltiefls: Mer a €lefFll'llste8 al'll'lliGatiefl Ras Besfl
s(,IBfFlitte8, tRS City Ce(,lflGil sRall mlle'I: tRe 8ea81ifls fer rssl'leflss as
e(,ltlifls8 ifl Minnesota Stats StaM@ 15.99. (/\fFlSF!8€l8 Or8. ~11, 1 Q 1 Q5)
c. Pf@lifFliF!arj Plat S@R88(,1ls: Pr€llifFliflarj I'llats sRall 198 fils8 ifl aG@er8aflGe
'::itR tRe SGRs8(,11e a8el'lte8 ifl tRS Q€l':elel'lfFleflt Peli@y Q(,Ii8eliflss.
E,^.fFlSfl8e8 Of€!. 1 Q, 2 Hi 1972)
D. RS€l(,lirs8 PrelifFliflarj Plat Data: It shall be 3 condition to the 3cceptance
of a preliminary plat applic3tion filed with the Clerk that said pl3t shall
include the d3t3 required hereunder. The prelimin3ry plat sh311 be
submitted in accordance with Subsection B of this section.
1. Identific3tion And Description:
a. Proposed name of subdivision, '....hich n3me shall not duplicate
nor be 3like in pronunciation to the name of any pl:)t heretofore
recorded in the county. (/\mended Ord. 10, 2 15 1972; 3md. 2003
Code)
b. Fullleg31 description of the 13nd involved in the pl3t.
c. N3mec and 3ddrecces of the O'Nner and subdi'/ider of the land,
17
and the designer and surveyor of the plat. If the subdivider is not
the fee owner of the land, the subdivider sh311 submit the written
consent of the fee owner to the filing of the preliminary plat.
d. Gr3phic s031e of not smaller than one inch to fifty foet (1" - 50').
e. North point, designated 3S true north.
f. 03te of prep3ration.
g. Certific3tion by Registered L3nd Surveyor certifying to accuracy
of survey.
2. Existing Conditions:
a. 1\11 bound3ry line surveys, including measured distances and
angles, 'lIhich sh311 be tied into the nearest quarter section or
section line by traverse.
b. Tot31 3cre3ge, c31cul3ted to the nearest 0.1 acre.
c. Existing zoning cbssific3tions for tr3ct of bnd in 3nd .tJithin three
hundred foet (~OO') of the prelimin3ry pbt.
d. Location and names of existing or pbtted streets 3nd other
public .....3ys, p3rks and public open spaces, permanent buildings
3nd structures, easements, and section 3nd municip31 boundary
lines within the pbt 3nd to 3 dist3nce of one hundred feet (100')
beyond. (.A.mended Ord. 10, 2 15 1972)
e. If the preliminary plat is a rearrangement or a replat of any
recorded plat, the lot 3nd block arrangement of the original plat, its
original name, and all revised or vacated roadways shall be sho'lm
by dotted line. (^mended Ord. 10, 2 15 1972; amd. 2003 Code)
f. Location and width of existing streets (including type of
surfncing), railroads, sanitary sewers, water mains, ctorm se'Ners,
gas, telephone, electric, cable TV, culverts, gr3des, invert
elev3tions ::md 1003tions of 03tch b3sins, m3nholes and hydrants
and any underground facilities '.vithin the pbt 3nd to 3 dist3nce of
one hundred feet (100') beyond.
g. Bound3!)' lines of 13nd within one hundred feet (100') ofthe tract
of land within the plat, and the name of the O'.vner thereof, but
including all contiguous land owned or controlled by the subdivider
or owner of the tract proposed to be platted.
18
h. Topographio data, inoluding oontours at vertioal intervals of not
more than two feet (2'); exoept, that where the horizontal oontour
interval is one hundred feet (100') or more, a one foot (1 ') vertioal
interval shall be shown. V'!ateroourses, lakes, marshes, 'Nooded
areas, rook outorops, drainage tile, and other signifioant physioal
features shall be shov.'n. U.S. geodetio survey datum shall be used
f-or all topographio mapping where available.
i. /\ copy of the restriotive oovenants, if any, oonoerning the
property being platted.
j. Soils.
k. Suoh other data as may be requested by the Engineer.
3. Design Features:
a. Layout of proposed streets, showing right of 'Nay '.vidths and
proposed names of streets. The name of any street heretof-ore used
in the oity or its environs shall not be used, unless the proposed
street is an extension of an already named street, in whioh event,
said name shall be used.
b. Looations and ',vidths of pedestrianv:ays and utility easements.
o. Profiles of existing and proposed oenterline grades of streets,
storm sewers, drainage ditchm: and oulverts; also sanitary se.....em
and water mains where required by the platting authority.
d. An o':erall grading/drainage/erosion oontrol plan shO'.'Ving existing
oontours at t\':o foot (2') intervals in dashed lines and proposed
contours in hem'ier solid lines. Minimum basement floor elevations
of all proposed buildings shall be shown. Maximum slope areas
shall be f-our to one (4: 1) or as approved by the City Engineer. On
urban plats, eaoh lot shall sho'"" propoced ele':ations at all lot
corners and intermediate proposed elevations along all lot lines or
any additionallooation as deemed nooessary by the Engineer and
shall be submitted and 3coepted by the oity prior to the issuanoe of
building permits.
e. /\ Tree Protection Plan shall be required showing all information
as def.ined by the Tree Preservation Polioy as adopted by the City
Counoil and on file in the City Clerk's offioe\
1 See Title 4, chapter 3 of this code.
19
f. Layouts of lots ::md blocks with numbers of e::lOh, square footage
of lots and lot dimensions scaled to the ne::lrest foot.
g. /\re::ls, other th::ln streets, pedestrianw::lYs and utility e::lsements,
intended to be dedicated or reserved for public use, including the
size of such ::lre::ls.
h. Minimum front ::lnd side yard building setb::lck lines ::lS required
by the zoning mdin::lnce of the citl~
L Proposed method of disposing of surface '''''::lter dr::lin::lge within
::lnd beyond the limits of the pbt.
j. V\!henever a portion of a tract of land is proposed for subdividing
::lnd S::lid tr::lct is large enough or is intended for future subdivision,
a pbn for the future subdivision of the entire tract sh::lll be
submitted to the Pbnning and Zoning Commission. Such future
subdivision eh::lll include: proposed lots, rO::ld eacements for croce
etreets, utility easements, ::lnd euch other d::lt::l as required for future
subdivisions. 'Nhen ::In individual applies for ::l building permit on
euch ::l lot, he sh::lll eubmit ::l sC::lled eito pbn sho.....ing the location of
tho proposed structure on the lot co that it will be located in
conform::lnce 'Nith the proposed resubdivision street p::ltterns. The
homo shall be placed so that it will not be in conflict 'Nith the
proposed stroot p::lttorn of s::lid resubdi':ision.
k. The Andover Review Committee shall reviO'.... all revisions to the
prelimin::lry pl::lt. If the re':ision is signific::lnt, it will be forv/::lrded to
the Planning and Zoning Commission and/-or the City Council for
re'Jio'.AJ.
'1. /\ddition::lllnform::ltion To 8e Furnished:
::l. Statement of proposed use of lots, Le., whether residential,
commercbl, industrial or combin::ltion thereof. If residentbl, state
type and number of d'J:elling units. Furnish sufficient det::lils for ::lll
types of usage in order to re'_'e::ll the effect of the subdivision
development on traffic, fire protection and density of popul::ltion.
b. Source of ""::lter supply.
c. Facilities for se.....age disposal.
d. If zoning changes are contempl::ltod, the proposed zoning pbn
for the ::Irea.
2 See title 12, chapter 5 of this code.
20
e. In areas affected by inadequate surface drainage or subjected to
periodic flooding, furnish proposals designed to make the area safe
for occupancy and to provide for adequate streot and lot drainage.
f. Floodplain managoment 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
and Zoning Commission or Engineer.
i. ^ location map showing the plat location in the city. The location
map shall have an approximate scale between one inch equals one
thousand five hundred foet (1" - 1,500') and one inch equals two
thous~md foet (1" - 2,000') 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 (1/2) mile of the
proposed plat. The streets and road'Nays 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 tho number of linear road miles
within the plat.
k. The preliminary plat shall show the location of all "area
identification" signs. Conditional Use Permit for area identification
signs shall be applied for in conjunction with the preliminary plat in
accordanco with the zoning ordinance-t. (.'\mended Ord. 10, 2 15
4-lmt
11-2-3: FINAL PLAT:
A. Procedure: Prior to Council approval of a final plat, the following
procedures shall be followed:
1. Application: The Final Plat Fee shall be paid at the time of Final
Plat Application. The fee is determined bv the Fee Ordinance
adopted bv the City Council.
2AHing of Final Plat: Within one year following approval of the
preliminary plat, unless an extension of time is requested in writing by the
1 See section 12-15-6 of this code.
21
subdivider and granted by the Council, the subdivider shall file seven (7)
copies of the final plat with the Ci~ ~ and shall pay a filing fee
tl9srsfers as set feFtR by ordinance . 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 one
year following approval of the preliminary plat, the approval of the
preliminary plat shall be considered void, unless an extension is applied
for and qranted bv the Council.
3. Plat Phasinq: 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 title, and provided further, that the remaining portions of the
preliminary plat not proposed to be recorded, developed and submitted as
a final plat, or granted an extension, shall be subject to the right of the City
to adopt new or revised platting and subdivision regulations, as provided
in Minnesota State Statute 462.358 Subdivision 3c. (Amended Ord. 10,
2-15-1972; amd. 2003 Code)
!.~. Filing Of Plat And Abstract: At the time of filing the final plat with the
~ ~, the subdivider shall also file with the City ~ an abstract of
title or registered property abstract, certified to date, evidencing ownership
of the premises involved in the plat.
5. Required Final Plat Data: Final Plat applications shall not be
considered complete until the requirements listed on the Final Plat
Checklist have been met. The Final Plat Checklist is on file with the
Citv.
3. RsfsrrElls: Tlge Cler" sl9ElII refer €l@l@iss @f tl9@ fiFlElll@lElt t@ tl9s IiFlsiFls@r
ElFl€l sl9all refer tl9s aBstra€lt t@ tl9@ Eltt@rFlElY fer tl9sir sJ€amiFlati@Fl aFl€l rel@@R.
1. RSI@@Rs: T19s ~ ElFlsiFl@er aFl€l ~ att@rFls)' sl9all sblBmit tl9sir F€l1@@RS
ts tl9s C@b1Fl€lil 'Nitl9iFl fiftssFl (18) €lays after tlge filiFlS @ftlge fiFlall@lat. T19s
BFlsiFlser sl9all state \':lgetlger tlge fiFlall@lat aFl€l t1ge iml@r€lV€lmeFlts €l@Flferm
t@ tlge eFlsiFls@riFlS ElFl€l €IssiSFl staFl€lElr€ls ElFl€l Sl@e€lifi€lati@Fls @f tlge €lily. TI9@
att@rFlsy sl9ElII stElte 19is @l@iFli@Fl as t@ titl@ @ftlge I@remis€ls iFlv@lve€l.
8. j;ees: T1ge sblB€livi€ler s19allI@ElY tlge fEles @f tlge ~ eFlsiFleer aFl€l ~
att@rFlsy fer t1geir ser:'vi€lss aFl€l rSI@@Rs r@Fl€ler@€1 iFl €l@FlFl@6!i@Fl v:itl9 tlge fiFlal
~
6. Compliance With Law: The final plat shall be prepared in accordance
with all applicable state la'/JS aFl€l €l@b1Flty @r€liFlaFl€leS laws and
requlations of controllinq Qovernmental aQencies.
2 See subsection 1-7-3H of this code.
22
B. Council Action: The Council shall act on the final plat within sixty (60) days
of the date on which it was filed with the City. per State Statute 462.358
Subd. 3b. GleFk. 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 City.
C. Recording Final Plat: Following approval of the final plat by the Council,
the ~ GIef;k shall promptly notify the subdivider of said approval~
Pursuant to Minnesota State Statute 462.358. the applicant shall
have two years to file the plat with the County Recorder. If the plat
has not been recorded with the County within two years of City
Council approval. then the City may request that the subdivider
resubmit an application and any chanqes in the City's
comprehensive plan or subdivision controls may apply to the plat.
aR€l '/.'itRiR tRiFty (JQ) €lays tRereafter, tREl fiRal ~Iat sRall Be re@sr€le€l '.\'itR
tREl CSl;lRt;,- Re@sr€lef.. The subdivider shall forthwith furnish the City GIef;k
with a receipt from the County showinq evidence of the recordinq of
the final plat. The subdivider shall submit a diqital COpy of the final
plat to the City Enqineer. a tra@iRgJ aR€l tRr@El (2) @s~i@s sf tRe fiRal ~Iat
as re@€lr€le€l, sRs'.\'iRgJ evi€lsR@e €lf iR€l r€l@€lr€liAgJ €lR sai€l @€l~ies. Failure of
the subdivider to comply with the requirement of recording shall be cause
for rescission of approval.
D. Re€lblire€l FiRell Plat gata: It sRall Be a @sR€liti€lR t€l iREl a~~f€lval €lf
a fiFlal ~Iat tRat tRe fGlle'.\'iRgJ €lata sRall Be SReV:R eR sai€l ~Iat er
sRall Bel fblrRisRe€l tRerElwitR:
1. Ml;lRi@i~al, te'/:RsRi~, @8l;lRty 8r SEl@ti8R liFl8S aeel;lrately tiEl€l t8 tREl
Bel;lFl€laries €If tREl Sl;lB€livisi8Fl BY €listaFl@es aR€l aRgJles.
2. .^.@@blrate aRgJbllar aR€lliFleal €limeRsieRs fer allliR8s, aFl~les aRe
@l;ll'Vatblres blse€l t8 €les@riBe Bel;lR€laries, streets, easemeFlts, areas
res€lr;ve€l mr ~l;lBlie l;lse, aR€! €ltAer im~€lFtaRt matl;lres sRall BEl SA€l'::R.
C€lm~letEl @l;lr;\'El €lata sRall Bel sRe'NR, iR@Il;l€!iR~ ra€!ii, iRterRal aFlgJlss,
~siRts aR€! @l;lPlat\,lres, taR~eRt BeariR~s, aR€!leRgJtRs €If all an~s.
DimeRsieRs €If let liRes sRall Be SRS'/:Fl iR feet aRe RblR€lre€ltRs sf feet. f>ls
€litts werl~ sRall Be ~Elrmitte€l iFl iFl€li@atiR~ €limelFlsisR. (.^.mElR€le€l Ore. 1 Q,
2 Hi 1Q72)
3. Offi@ial meFll;lmeRts as €l@si~Rate€l aR€l a€!e~te€l BY tREl CSl;lRty ~l;lJ?isysr
aRe a~~reve€l BY tRe €listri€lt @swt mr l;lse as jl;l€li@ial mSRblmeflts sRall Be
set at ea@R @SrRer sr aR~le sf t!;;te sl;ltsi€!s B€ll;lR€lary sf t!;;te fiRal ~Iat.
l€l@ati€lR €lf all m€lRblm8RtG GRail BS GRS'::R. (AmeR€!e€! Or€!. 1 Q, 2 1!'i 1 Q72;
am€!. 2QQ3 C8€!8)
23
1. Official sun'e': marl~ers: The location of all suwe'! marlteF6 shall
be shown on the final plat. Pi~es er st@el re€ls sAall Be ~Ia@s€l at sa@R
@8m8r ef sa@R 18t, aR€l tREl le@atieR tR8fS8f sRall Be sRe'::A.
l'i. .I\R i€leRtifi@atieR syst8m mr all18ts aR€l BIEl@I~s sRall B8 sRe'/JR.
@. ~treets sRall BEl Flame€l, aR€l all Rames sRall Bel sRe'::R. A SEl€ll;lSR@S ef
street RamiR~ sRall Be felle'J.'@€l @8RSistElRt '/.'itR tRe ~att@rR tRat Ras B@eR
8staBlisRe€l fer the Cit\'. iR tRe area.
7. IR tRe e'/ElRt t!;;t€J fiRal ~Iat is a re~lat ef aR earlier sl;lB€livisi@R, tRe erigJiRal
~lattiR~ €If tRe sl;lB€livisieFl sRall Be sRewR aRe i€lsRtifie€l BY €lette€lliRss.
8. .Jbl€li@ial aFl€l @el;lRty €lit@Res s!;;tall Be sR@'.'VFl BY €limElFlsieRs aRe aR~les
as €l€ltermiRs€l frem @@l;lRty re@@r€ls.
Q. Floodplains and \\'etlands be':! laR€l aR€l 'Nater afsas sRall Be
iR€lieat@€l BY aR i€leRtifieati@R symB@1. (^m€lR€le€l Ore. 1 Q, 2 1 l'i lIF2)
1 Q. TRs ma>dmblm Ri~R water le",el as €lsfiFle€l iR tR@ De~aR:mEmt @f f>latblral
Resel;lre€JS' ~tate'::i€le ~taR€lar€ls aR€l Criteria mr MaRa~emeRt €If
~RerelaR€l Areas ef MiFlFleseta s!;;tall Be s!;;te'/JR. (Amem€le€l Ore. 1 Q, 2 1 l'i
1 Q'?2; am€l. 2QQJ Ce€ls)
1 g 11. AIIl;ltiliv) aR€l €lraiRa~e €JasemeRts, aR€l t!;;te €limeRsieRs tRef@@f.,
sRall Be sRewR.
11 12. TR€J Rames aFl€l ~lattiR~ Elf a€ljeiRiR~ sl;lB€livisieRs sRall BEl SREl'NR
aRe i€lsRtifie€l BY €lette€lliRss te a €listaRes ef eRS !;;tl;lFl€lre€l feet (1 QQ') fr@m
tRe Bel;lR€laries €If tRs sl;lB€livisi@R l;lR€l@r e@flsi€lsratieR. let, B18el( aR€l
street arraFl~smeRts €If sl;leR a€ljeiRiFl~ sblB€livisi€JRs sRall Be SA€J\':R. 'J'.'Rere
a€ljae€lRt laFl€l is l;lR~latte€l, it sRall,"€J se iR€lieat@€l.
12. The platshall be on Anol€a Count't coordinates and Anol€a
Countv SUFVe\' datum.
13. ~Elfere aRY rElsi€leRtial ~Iat may B@ a~~r@"e€l aR€l Bsmre aRY ~ermit
may B€J iSSl;lEl€l f8r a resi€leRe@ tRer€liR, t!;;t€J sl;l,"€li'/i€lElr sRall first ~r8S€lRt
@em~st€lRt ~reef tRat tA€l Ratl;lfal ~rel;lR€l ...:ater level at all times iR sai€l
sbl,"€livisieR is R8t less tRaR tRres f@et (3') ,"elew tRe level €If tR8 le),IIElst
~ElR:i8A ef tREl ~f8~ese€l strl;l€ltl;lre, er tRat El satisfe@tBr;y system ef ~fel;lR€l
'.vat€Jr BElRtr81 't:ill,"e @BRstF\,letB€l as aR iFlte~ral ~aFt ef tA€l ~re~ese€l
resi€lsRtial sl;lB€livisieR. (.'\meR€le€l Ore. 1 Q, 2 15 1 Q72)
24
CHAPTER 3
DESIGN STANDARDS
SECTION:
11-3-1 : General Requirements
11-3-2: Street Plan
11-3-3: Streets
11-3-4: Easements
11-3-5: Blocks
11-3-6: Lots
11-3-7: Parks, Playgrounds, Open Space And Public Uses
11-3-8: Trails
11-3-1 : GENERAL REQUIREMENTS:
A. The Planning aR€l ZeRiR~ 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 City and the best use of the land. Particular attention shall 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 or any
other property of the owner as deemed necessary by the Planning aM
ZeRiA~ Commission in consideration of rural and urban differences, the
zoning ordinance and the Comprehensive Plan. TAe fiRal ~Iat may @ever
€lfll)' a ~€lFti€lR €If tR€l welimiRapj ~Iat, ~fevi€l€l€l it is iR e€lRfermity 'NitR t!;;to
a~~r@v€J€l ~relimiRary ~Iat.
C. Where the parcel of land is subdivided into tracts larger than required for
building lots, such tracts shall be divided so as to allow for the opening of
streets and ultimate extension of adjacent streets.
D. Unplatted portions of land (outlots) or private easements controlling
access to public ways shall not be approved within the plat. (Amended
Ord. 10,2-15-1972)
E. Minnesota Statutes 462.358, Subdivision 2A, authorizes the City to
condition approval of the subdivision of property on the construction and
installation of certain utilities. The intent of this section is to specifically set
out the required improvements that promote and protect the public health,
safety and general welfare. The City reserves the right to require
additional improvements if deemed necessary by circumstances and
conditions unique to these particular lands. No subdivision of land is
25
allowed in the area designated on the Comprehensive Plan as "Rural
Reserve" unless storm sewer, sanitary sewer and a municipal water
supply are constructed to serve the area being divided. (Ord. 274, 9-2-
2003)
F. Required Buffer Area From Rural Areas or Neiqhborhoods: All
residential developments constructed with municipal sewer and water may
be required to provide buffering from rural neighborhoods outside of the
City's Municipal Urban Service Area (MUSA) except when adjacent to
areas outside of the existing MUSA that are planned for future urban
development.
1. Buffer Area Location: Buffer areas shall be located as close to
property lines between proposed urban and existing rural properties
as practicable.
2. Buffer Area Requirements: Buffer areas shall provide a consistent
level of physical separation and/or visual screening to provide a
transition between urban and rural developments. The extent of
the requirements shall be determined by the City Council at the
time that the preliminary plat is reviewed. These requirements shall
be based on the existing and proposed topography and vegetation
within and surrounding the proposed development and may include
one or more of the following:
a. Additional lot width or depth to provide physical separation
b. Tree save areas to provide visual screening
c. Tree planting areas to provide visual screening
d. Relocation of drainage areas to preserve existing trees
and/or area for new trees to be planted.
e. A combination of the above or others as needed to provide a
significant and consistent buffer area.
3. Exemption: In the event that a significant and consistent buffer is
provided by existing trees, wetlands, floodplain or other topographic
or hydrologic features, the Council may determine that no additional
requirements are necessary. (Amended Ord. 331, 6-6-2006)
11-3-2: STREET PLAN:
A. Compliance With Comprehensive Plan: 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 convenience and safety, and in their appropriate relation to
26
the proposed uses of the area to be served.
B. Continuation Of of Existing AM and Future Streets: The
arrangement of streets in new subdivisions shall make provision for
the continuation of existing and future streets in adjoining areas.
C. Frontage Restrictions: No preliminary plat shall be approved wherein lots
front on the right-of-way of state, county, or city arterial or maior collector
ma€ls streets. Such lots may front on service roads with entrances to the
above or at intervals as determined by the County or City, ~
Al;lR€lr€l€l sb(ty feet (@@Q') i@r arterials aRe tRf@€l Rl;lR€lre€l t!;;tirty reet (nQ')
mr @elle@ters. (Amended Ord. 10,2-15-1972)
11-3-3: STREETS:
A. Widths:
1. All right of way and rea€l'.\'ay street widths shall conform to the following
minimum dimensions:
Typical R€la€l'::ay
RiQht of Way street Width Back f
Classification Curb to Back of
Width Curb Cl;lrB Faee Te
Cblrls Faee
Arterial 120 feet Variable
80-120 feet, as
Collector maior tml;lRiei~al determined by Variable
state ai€l the City
Enaineer
Collector - minor 66-100 feet. as
determined by
the City
Enaineer
MiRer (l;lrlsafl) Local urban 60 feet 22 feet 33 feet
city street
MiR@r (rblral) Local rural city 60 feet 21 fGet 31 feet
street
Cul-de-sac 120-foot 93 foot diameter
diameter
Service 60 feet 33 feet
2. Additional right-of-way and street widths may be required vafo/
depending upon anticipated traffic volume, planned function of street
and character of abutting land use, and fire code requirements.
27
B. Horizontal Curve Radius: The minimum horizontal curve radius on minor
streets shall be fifty feet (50') or as required by the City Engineer.
(Amended Ord. 10,2-15-1972)
C. Grades: Streets grades shall not exceed seven percent (7%) for local
~ and collector streets and four percent (4%) for arterials
tRer@bl~j;Jfar€ls, and in no case shall they be less than one-half percent
(0.5%) on streets with concrete curb and gutter;...; €lr eRe ~efe€lRt (1%)
eR miR€lr rl;lfal €lit)' street seetieRs. Grades within thirty feet (30') of street
intersections shall not exceed two percent (2%). (Amended Ord. 10,2-
15-1972; amd. 2003 Code)
D. Vertical Curves: Different connecting street gradients shall be
connected with vertical curves. Vertical curves shall be designed in
accordance with MNDOT guidelines with a minimum design speed of
thirty (30) miles per hour or as required by the City Engineer.
E. Street Jogs: Street jogs in local ~ and service streets shall have a
centerline offset of not less than one hundred fifty feet (150'). Street jogs
shall be avoided in all other streets.
F. Local ~ Streets: Local ~ 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 five
hundred feet (500') 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 feet (120.0'), and a minimum roadway diameter of ninety
three feet (93.0') 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 in adjoining areas when the
length of the street exceeds two hundred ten feet (210.0') from the
centerline of the intersecting streets. Each temporary cul-de-sac shall be
required to have a minimum roadway diameter of eighty feet (80.0') and
constructed with concrete curb and qutter. Bit\,lmiR€ll;ls @l;lfBiFl~ as
€lefiRs€l iR tR€l eity staR€lar€ls. .I\€lja€leRt ~re~8rty Property
owners/developers benefiting from the street continuation shall be
responsible for the removal of the temporary cul-de-sac and shall be
required to replace the street in accordance with current city requirements
and standards. The property line at the intersection of the turnaround and
the straight portion of the street shall be rounded at a radius of not less
than twenty feet (20.0').
H. Service Streets: In those instances where a subdivision abuts or contains
28
an existing or planned mai r coli ctor or arterial streets tR€lrebl~!;;tfars or
a railroad right-of-way, the City Council PlaRRiR~ aR€l ZeRiR~ C€lmmissi@R
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. ~l;l@R ser;\'ie€l streets
sRallls€l l€l@at€l€l at aSl;litalsle €listaRe€l frem tRs tREHEll;l~Rfar@ er railr€la€l
ri~Rt €lf 't:ay iFl 8r€ler te ~revi€lEl fer ~arl~ l;lS€l @f tRe iRter;\'eFliR~ laR€liR
r8si€l€lRtial €listriets, €lr t8 ~revi€le mr e€lmmereial er iR€ll;lstriall;lse @f t!;;te
iRts~:eRiR~ laR€l iFl @€lmm€lr6ial er iR€ll;lstrial €listriets. The requirements of
approach grades and future grade separations shall be considered in
establishing the separation distance between said service streets and the
street tR@rel;lgJRfare or railroad right-of-way.
I. Half Streets: Half streets shall be prohibited except where necessary to
complete the right-of-way of an existing half street.
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.
L Adjoining Property: Street right-of-way shall fl€lt be planned so as to
provide proper access to @ablS€l Rar€lsRi~ t€l €l'/:Flers €If adjoining
property.
M. Intersections: The angle formed by the intersection of streets shall not be
less than sixty degrees (600), with ninety degree (900) intersections
preferred. Intersections of more than four (4) corners are 'prohibited.
N. Any driveway access to a street shall be at least Ret less t!;;taR sixty feet
(60') from an intersection as measured from the intersectinQ riQhts-
of-way. fr@m aFl iRterseeti@R.
OW. Boulevard SOdding1: In subdivisions where municipal sewer and water
are going to be installed, four inches (4") of topsoil and boulevard sodding
shall be required. In subdivisions without municipal sewer and water,
a minimum of four inches (4") of approved topsoil is required on the
boulevard. The boulevard shall be sodded or seeded. If seeded.
then the seed shall be mulched and disc anchored. HydroseedinQ is
approved in lieu of seed and mulch. sRalllse s~r@a€l, see€le€l, ml;lleR€l€l
aR€l €lis@ aR@Rere€l.
PG. Tangent: A tangent of at least one hundred feet (100') in length shall be
introduced between reverse curves on arterial tRer8l;l~Rfare and collector
streets, and a tangent of at least fifty feet (50') in length shall be
1 See also sections 9-1-5A, 9-10-3 and 11-4-8 of this code.
29
introduced between reverse curves on all streets except selected minor
streets and lanes.
P. Corners: Rights-of-way ef street iRtef6eetieRs where any two local
city streets intersect shall be rounded by a radius of not less than
twenty feet (20'). Any riQhts of way where a city street and a county
road intersect shall be rounded by a radius of not less than thirty
(30) feet.
Q. C€lll€leter ~tf€l€lts: .'\10 €lefiRe€l mr tRis se€Jti8Fl, eelleeter stf€l€lts are
me€l€lrs te tR@ aFt€lrial r@a€ls as €l€lfiRe€l iR tREl C@m~reREJflsi\'€l PlaR
€lr ~eRerally wit!;;t aR .I\DT @f @Re tR@l;lsaR€l (1,QQQ) er ~rsatef., er a
ml;lRiei~al state ai€l street fer t!;;te @ity. (AmsR€le€l Or€l. 1 Q, 2 1!'i 1 Qn)
11-3-4: EASEMENTS:
A. Utility Easements: Easements at least twenty feet (20') wide or as
determined by the City EnQineer, centered on rear and side lot lines,
shall be provided for utilities where required by the platting authority.
Utility easements shall have continuity of alignment from block to block
and lot to lot. Lots served by municipal services shall have a
minimum 5-foot drainaQe and utility easements alonQ the side lot
lines and a minimum 10-foot drainaQe and utility easements alonQ
the front and rear lot lines. Lots without municipal services shall
have a minimum 10-foot drainaQe and utility easements alonQ all
property lines. liasemeFlts may Be re€lblire€l al€lR~ I@t liRes t@ ri~!;;tt @f
V':a') S€l as te ~r@vi€le fer street Ii~RtiR~.
B. Drainage Easements: Where a subdivision is traversed by a wetland,
watercourse, drainageway or stream, a drainage easement conforming
substantially with the lines of such watercourse shall be provided, with
further width as shall be adequate for storm water drainage of the
areas. (Amended Ord. 10, 2-15-1972)
11-3-5: BLOCKS:
A. Lengths: The maximum length of blocks shall be one thousand three
hundred twenty feet (1,320'). Pe€lestriaR ! Trail waye easements at
least teA twenty feet ~ (20') wide may be required at the
approximate center of blocks over six hundred sixty feet (660') in
length. Provisions for additional accessways to schools, parks, and
other public grounds may be required.
B. Off Street Areas: Blocks intended for commercial, industrial, or uses other
than single-family dwellings shall be so designed to provide adequate off
street areas for parking, loading, and such other facilities as shall be
30
required by the zeRiRgJ €lr€liRaRe8 €lf tR€l eity\ City Code.
C. Width: All blocks shall be so designed to provide for two (2) tiers of lots
unless conditions exist to render this requirement undesirable.
(Amended Ord. 10,2-15-1972)
11-3-6: LOTS:
A. Minimum Lot Size: The minimum lot area and dimensions shall be
as specified in the respective zoning districts of the eity z€lRiR~
er€liRaRe€l. City Code.
B. Buildability Requirements: All R€lsi€lemtiallots shall have the lowest floor
a minimum of three feet (3') above the seasonal high water mark or eoo
met (1 ') two feet (2') above the designated or designed 1 OO-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 feet (3') can be achieved and is warranted.
1. Residential Lots Served By Municipal Sanitary Sewer: Lots served by
municipal sanitary sewer shall remove all organic material and replace
with granular material with no more than five percent (5%) organic
material by volume for the front €IRe RblR€lre€l feet (1 QQ') one hundred ten
(110') of depth of the lot at a minimum width of the lot as required for that
zoning district by the z€lRiRgJ er€liRaR@e. City Code.
2. Residential Lots Lacking Municipal Sanitary Sewer: No plats within the
Metropolitan Urban Service Area (MUSA) shall be approved unless
municipal sanitary sewer, municipal water and storm sewer are
constructed to serve the proposed development. All lots lacking municipal
sanitary sewer shall adhere to the following:
a. A building pad shall be created for each lot with a minimum size
of three thousand six hundred (3,600) contiguous square feet. The
building official shall determine that the dimensions of the building
pad are adequate to locate a house in compliance with all
applicable requirements.
,
b. The building pad shall be required to have a finished grade of at
least six feet (6') above the seasonal high water mark.
c. All organic material shall be removed from the designated
building pad area and replaced with granular material with no more
1 See sections 12-14-10 and 12-14-11 of this code.
31
than five percent (5%) organic material by volume.
d. There shall 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 IR€livi€ll;lal
~e':Ja~e Tr€latmeRt ~taR€lar€ls CRa~ter 7Q8Q City Code Title 10-4
"Individual SewaQe Disposal Systems" as amended.
e. The location of the primary and secondary sites shall be
indicated on the preliminary grading plan and the design
specifications for the draintields shall be submitted at the time of
the submittal of the preliminary plat for proposed developments and
at the time of building permit application for new homes.
f. TRese ~revisi€lRs sRall R€lt a~~ly t€l ~Iats a~~reve€l BY tR€l eity
~ri€lrtE~ O@t@Bsr 1'7, 1Q78.
C. Location: All lots shall have at l€last t!;;te miRimblm r@€lblir@€l fr@Rta~e €lR a
~l;lIsIi@ly €le€lieate€l street at least 50 (fifty) feet of frontaQe on a
publicly dedicated and constructed street. Lot widths are a
separate requirement that is measured at the front yard setback.
D. Corner Lots: Corner lots shall be platted at least ten feet (10') wider than
interior lots on all lots of less than three hundred feet (300') in width at
the building setback line. Corner lots shall be a minimum of one
hundred feet (100') wide as measured at the building setback line or
ninety feet (90') wide for back to back lots.
E. Cul-De-Sac Lots: The minimum lot width at the front setback line for cul-
de-sac lots lacking municipal sanitary sewer is one hundred sixty feet
(160'). A maximum of two (2) lots lacking sanitary sewer per cul-de-
sac are allowed to bltilize tRe r@€ll;le€l€llet 'Ni€ltR be platted.
F. Butt Lots: The use of butt lots shall be avoided wherever possible.
G. Watercourses: Lots abutting upon a watercourse, drainageway, 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 aM ~U.S. Army Corps of
Engineers , the Coon Creek Watershed District, the Lower Rum
River Watershed ManaQement OrQanization. or any other reQulatorv
aQency.
H. Double Frontage Lots: Lots with frontage on two (2) parallel streets shall
not be permitted except where lots back on maior collectors, arterial
32
streets or highways. Double frontage lots shall have an additional depth
for screen planting along the rear lot line of ten feet (10') as r Qulated
by City Code Title 12-13-5.
I. Access To TRer@l;l~Rfar€ls Arterials or Maior Collectors: In those
instances where a plat is adjacent to a limited access Ri~R'Nay er
€ltRer maj€lr Ri~Rway er tRer@l;l~Rfare arterial or maior collector. no
direct vehicular access shall be permitted from individual lots to such
Ri~!;;t'.'Jays streets unless no access can be provided by other
means.
J. Natural Features: In the subdividing of land, regard shall be shown for all
natural features, including tree growth, watercourses, historic places and
similar amenities of the area which, if preserved, will add attractiveness
and stability to the area.
K. Lot Remnants: Lot remnants which are below the 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.
L. Resubdivision: The preliminary plat shall show a feasible plan for future
resubdivision by which lots may be resubdivided to meet the size and
dimension standards of lots in areas served by municipal sewer where
the city deems it necessary in those areas that can be served in the
future.
M. Wetland / Stormwater Pond Buffer: Pursuant to Title 13, Chapter 6 of this
code a one rod (16.5 feet or 5 meters) wide area abutting a wetland and/or
stormwater pond that shall be left undisturbed or in its natural condition
during the development, building and landscaping phases. The buffer strip
shall not be included within the preceding €IRS RblR€lr@€l melt (1 QQ') one
hundred ten (110') buildability requirement. (Ord. 273, 9-2-2003)
11-3-7: PARKS, PLAYGROUNDS, OPEN SPACE AND PUBLIC USES:
A. Lands For Public Use Required: Pursuant to Minnesota Statutes Section
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
33
playgrounds. Any park cash contributions based on market value for
commercial/industrial zoned property is to be determined as identified in
Subsection C of this section are to be calculated and established based
on the land value at the time of final plat. Any park cash contributions for
residential zoned property are to be determined as identified in Subsection
C of this section. The form of contribution (cash or land) shall be decided
by the City based upon need and conformance with the approved City
Park Comprehensive Plans.
B. Dedicated Lands:
1. 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 parkland need defined
by the Andover Park System Plan. Active parkland areas shall be
exclusive of wetlands, slopes exceeding twelve percent (12%), ponding
areas, or other features unsuitable for active park development. The City
may accept natural open space or passive park containing unique natural
environmental features as part of the parkland 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. The Council may vary from
these requirements if a development demonstrates unique attributes
sufficient for parks and open space included in the development.
2. Maximum Area of Dedicated Land: Developers of land within the
City of Andover shall be required to dedicate 10% of land to the city
for park, or open space and plaYQround purposes.
2. ~tElfl€lElr€ls Fer QetermiRati€JR: TRs Perl~ eR€l Re@reElti8R C€lmmissieR
sRall reeemmsR€l te tRe City Cel;lFl@il a€le~tieR ef tRe Cem~reReRsive Parl~
DsvelEl~m€lRt PlaR fer €l€ltermiRiR~ wRat ~ElFtieR Elf eEleR sble!;;t €le'Jel€l~meFlt
s!;;t€ll;ll€l f€Jas€lRElBly Iss re€lblir€l€l tel Ise S€l eElRvsye€l er €l€J€li@Elt€l€l. ~l;l@R
C€lm~reReRsi\'e Parh ge...eIEl~meRt PlaR mElY take iRt8 @€lRsi€leretieR tRe
zeRiR~ elassifieatiElR assi~Re€l t€l tREl IElR€l tel Is €I €le\'el€l~s€l, t!;;t@ ~artiel;llar
~re~€lse€l blS€l fer Sl;l@R lafl€l, Elm€lRities te Ise W€J'Ji€le€l aRe teeters €If
€l€lRsity aRe sit€J €le\'eI8~meRt as ~re~Els8€llsy tRe ElV.'Rers €lr €levElle~€lrs.
TR€l Perl~ aR€l RS8reatieR CElmmissiElR sRall fl;lFtRer meemmeA€l eAaFlgJes
aRe ameR€lmeRts tel tR@ Cem~r@ReRsive Parl~ Qe\'el€l~meRt PlaR t€l r@fleet
eAaR~es iR tRS l;lsa~e Elf laR€l 't:RieR may eeel;lf., e!;;taR~€lS iR ;!eRiRgJ
elassifi@atieRs aR€l e€lR@e~ts aFl€l @RaR~es iR ~laRRiRgJ aR€l €le\'€lI€l~mEmt
34
eeR@e~ts tRat relate t€l tRe €levele~meRt aR€ll;lSEl~eS te 'h'Ri@R tR@ IElfl€l may
Ise ~l;lt.
J. Parl~ .^.Rel Re@reati€lR C@mmissieR Rs@emmeFl€latiElR: T!;;tEl Parlt aFl€l
ReereatieR C€lmmissieR sRall, iR eae!;;t ease, reeemmeR€l t€l tREl City
Cel;lfleil tRe tetal area aR€ll€leatiefl sf sl;leR laR€l tRat tRe CElmmissi€lR f€lElls
SR€ll;lI€l Be se e€lRv@ye€l er €le€lieat€l€l '.\'itRiR tREl €levele~meRt mr ~arl"
~lay~r@l;lR€l, e~eR s~ae8 aRe ~E1lsliel;lS8 ~l;lr~€lSes.
C. Cash Contribution In Lieu Of Lands:
1. Amount Determined:
a. IR t!;;t€lse iRstaRe@s '::RerEl a easR e@Rtrilsl;ltieR is t€l Be ma€l@ Isy
t!;;te €l':mers €lr €lev€JIEl~ers iR li@l;l €lf a @ElRveyaR@s €lr €l€l€lieatieR ef
laR€l mr ~arh, ~lay~rel;lR€l, e~€lR s~aee er ~blBIi@ l;lse ~l;lr~eS€lS, t!;;te
Parl~ aRe R€lereatieR C@mmissieR sRall r€le@mmeR€l t€l t!;;t€J City
C€lblReil tAe amel;lRt €If eaSR sai€l C€lmmissi@R f.eels SA€ll;lI€l B@ se
eeRtriBl;lt€l€l. ~l;le!;;t rs@emmeR€latieR sRall Be Bas€l€l €lR tRS marl~et
Vall;l€l €If t!;;tEl l;lR€le\'el€l~e€llaR€l t!;;tat ':Jel;ll€l €ltRe~\fise Rave lseeR
@€lRv@ye€l er €le€lieElte€l.
!! B. 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 residentially 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 a maximum of ten percent
(10%) of the market value of the land or as established by the
park dedication study. These fees 1 are established and adopted
by the City Council and are effective for any plat that has not
received preliminary plat approval after the date of publication of
this title. The fees would also apply to plats that have received
preliminary plat approval, but have not received final plat approval
by the City Council.:.... '!:itRiR WJ@lv8 (12) meRtRs ef tRe ~l;lBlieati€lR
€late €If t!;;tis title. If an extension is requested of the preliminary plat
beyond the twelve (12) 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 recording of the
final plat at the county. The City Council may require the payment
at a later time under terms agreed upon in the development
agreement. Delayed payment may include interest at a rate set by
the city.
.Q.G. If the applicant or developer does not believe that the
1 See subsection 1-7-3G of this code.
35
sstimates fees 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 of the 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,
a plat application may proceed as if the fee had been paid,
pendinQ a decision on the appeal of dispute over the propos d
fee in lieu of dedication if:
1. The applicant puts the City on written notice of the
proposed fee in lieu of dedication,
2. Prior to the City's final decision on the application, the fe
in lieu of dedication is deposited in escrow. and
3. The applicant appeals under Minnesota State Statute
462.361 within 60 days of approval of the application.
If such appeal is not filed by the deadline, or the applicant
does not prevail on the appeal. then the funds paid into the
escrow must be transferred to the City. R€l a~~lieati€lR mr
€le'/el@~meRt sl;l6mitte€l sRall6e €leeme€l e@m~IElte l;lRtil tRe Stl;l€ly
Ras 6SEilR eem~l€lb$€l aR€l a €letermiRatiefl is ma€le as t8 t!;;te
a~~r@wiate amel;lRt €If lafl€l @r m€lRey R€l@essary t€l @ff6et t!;;te eff€lets
€If tR€l sblB€livisieFl.
!h.G. If a combination of cash and land dedication is required, the
cash contribution to the city would be determined as follows for
residential zoned property:
Step 1: Total acreage of plat multiplied by ten percent (10%)
(minimum required land dedication) yields the required land to be
dedicated.
~te~ 2: .\etl;lal a@res €lf ~ark te 6El €le€lieat@€l €li'/i€l€l€l BY tRe re€ll;lir@€l
laR€l t€l6e €le€li@ate€l yi€ll€ls tRe ~ereeRt €If 18R€l tRat ml;lst 6e
€le€li@atsel.
Step ~~: "Total park dedication fee" will be determined by
establishing the ultimate number of residential lots that can be
achieved 6eiR~ €le€li@ate€l ~if no park land was dedicated t
multiplied by the park dedication fee per unit as per the fee
schedule.
Step =4=~: Divide the "total park dedication fee" from St p 2 by the
36
required land to be dedicated from Step 1. This yields the "fee per
acre".
Step ~~: Multiply the "fee per acre" from Step 3 by the acres of
park to be dedicated. which is to include one half (1/2) of the
street riQht-of-way adiacent to the park. The land must be
exclusive of wetlands, slopes exceedinQ 12%. pondinQ areas,
or other features unsuitable for park land. This yields the dollar
value of credit for land B€liR~ ee€lieate€l and for the riQht-of-way
beina dedicated.
Step @~: "T€ltal m€l" The "total park dedication fee" from Step 2
minus the dollar value of credit for land and riQht-of-way being
dedicated from Step 5 yields the dollar amount and/or balance due
in park dedication fee.
Step 6: Credit will be aiven towards the park dedication fee
that is required for areas within the park that were required to
be improved by the City and aQreed to by the developer or
owner. Those improvements may include QradinQ of the park,
which must be Qraded a minimum of two feet above the 100-
year flood elevation or three feet above mottled soil or hiahest
anticipated water level, whichever is hiQher. Improvements
may also include, but are not limited tO,installation of
playa round equipment, installation of individual sanitary
sewer and water service (not the main lateral lines). and any
other item that would relate to development of the park.
2. Market Value Of Lands: "Market value", for the purposes of calculating
the commercial/industrial park dedication fee as required by this title shall
be determined as of the time of the final plat approval 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, or
b. The owner or the developer may select wem a list, @fle €If tAre€l
fa1 an 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".
37
D. 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 development as set out in
the city zoning er€liRiaR€ls code. The land shall be in addition to, (El}(€l€l~t
mr ~bl6se@tieR S Elf tRis Se€ltieFl), and not in lieu of, open space
requirements for Planned Unit Developments pursuant to Title 13, Chapter
3 of this code.
S. Cre€lit Fer Private O~€JR ~~a@e: '.Il.'Rere ~ri','at€l e~eR s~a€le fer ~ark aR€l
r€l€lreati8R ~l;lr~sses is ~revi€le€l iR a we~€lse€l €lev@18~meflt aRe Sl;l€lR
s~a€le is t€l 6e ~rivately @'::Re€l aRe maiRtaiRe€l6Y tAe El\':R€lr @f tRat
€le'Jels~m€lFlt, sl;l@R areas may 6El l;lse€l mr @re€lit at tR€l €lis@reti€lR Elf tRe
City C@blR€lil a~aiRst tR€l f€l€ll;liremeRt sf €le€li€latieR fer ~arl~ aRe r€l€lreati@fl
~l;lr~eses, ~revi€le€l t!;;te City CEll;lR€lil fiRes it is iFl tR€l ~l;lBli€l iRter€lst tEl €l@ ss
aR€l t!;;tat tREl mll€l\'.'iR~ stafl€lar€ls are met:
1. TRat yar€ls, @€ll;lFt areas, s€lt6a€ll~6 aRe S~€lR s~a@€l re€ll;lire€l te Be
maiRtaiRe€l BY @ity sr€liRaR€leS sRall RSt Be iR€lll;l€l€l€l iR tAS
€l@m~l;ltati€lR Elf Sl;l€lA ~rivate e~eR s~a@e;
2. .~n .~.ssoGiation '::iII be reQuired to ensure tRat tRe ~rivate
El'::FlefGRi~ aR€l maiRt€lFlaR€l€l €lf tR€l e~eR s~a€le is a€le€ll;lately
~r€lvi€l€l€l mr.i... 6Y 'I.TitteR agJre€lm€lFlt;
2. TRat tR€l ~rivate €l~eR s~a€l€J is restri€lt€l€l fer ~arl~ aRe re€lreatisR
~l;lr~€lSeS BY r€l€ler€le€l @eveRaRts '/!!;;ti€lR rl;lR '.vitR t!;;t€l laR€l iR fevsr sf
tAe €l'.':Rers €If tRe ~re~efty '/:itRiR tRe €l€J\.'els~m€lflt aR€l '/:Ri@R
€laFlR€lt Be elimiflat€l€l '.vitASblt t!;;te @€lRSeflt ef tAe City CeblR€lil;
1. TRat t!;;t€l ~re~€lse€l wivate s~eR s~a€le is rElas€lRa61y a€la~taBle
mr l;lS€l fer ~arl~ aRe re@reati8Ral ~l;lr~SS€lS, tal~iRgJ iRt€l €l€lFlsi€leratisR
Sl;l€lR feet€lrs as size, sRa~€l, te~€lgJra~!;;ty, ~eelegJY, a€l€l€lSS aRe
1€J@atieR sf t!;;te ~rivate €l~eR S~a€l8;
!'i. TRat fe€lilities ~rs~€ls€l€l mr tREl S~SR s~a@e are iR sblBstafltial
a@@8r€laR€l€l ':,'itR tRe ~r€l\'isi€lFls €lf t!;;ts r€J€lreatieRal el€JmeRt sf tRe
Cem~r€lReRsi\'@ PlaR, aR€l are a~~rsv€l€l BY tRe City CSblR€lil; aRe
@. TRat wRere Sbl€lR €lre€lit is gJraRte€l, tR€J amsblRt ef @re€lit sRall Ret
€l}(@€le€l eRe !;;tl;lR€lr€l€l ~er€leRt (1 QQ%) mr tRe €le':el€l~meRt €If tR€l
amEll;lflt €lal€ll;llate€ll;lR€ler ~l;lBse€lti€lR F @ftRis se€lti€lR.
F". MiRiml;lm ."'rea Of fJe€li@ate€l b.aR€l: DElvele~er6 sf laFl€l '/.'itRiR tAS €lity sf
AR€l€lVer sRall6El r@€lblire€l t€l €le€li€late te tR€l €lity mr ~arl~, S~ElR s~a€le
aA€l ~lay~r€lblR€l ~l;lr~eses as a miRimblm tRat ~er€l€lRtagJ€l sf ~r€lss laR€l
area asset Sl;lt Bele\'.':
38
R€l€lblir€lmeRt
Resi€lEmtial 1 Q ~er@eFlt
C€lmmer@ial IR€ll;lstrial 1 Q ~€lr@€lRt
G. Metes And Bounds Lot Splits: TRe Parl~ aFl€l Resr€JatiElR CemmissieFl
may r€l€lemmeR€l €lasR ~aymeRt iFl liel;l ef ~arh laR€l @R metes aFl€l
B€ll;lR€ls let s~lits less tRaR tI.':€lRty (2Q) a@res iR si~e. TRe ~aymeRt
am€lblRt s!;;tall6€l €let€lrmiRe€l tRrel;l~R tRe same ~re@ess Ell;ltliR€l€l iR
~l;lBse€ltieR C €If t!;;tis se@tieR. The Park and Recreation Commission
may recommend to the City Council a cash payment in lieu of park
land on metes and bounds lot splits less than twenty (20) acres in
size. Where a cash contribution is required. the owner will be
requested to contribute on a fee per lot or fee per unit as required
by City Code 1-7-4 for the lot that is beina split. The City will have
the riQht to require park dedication for any future subdivision of the
property. Credit shall be Qiven for previously paid park dedication.
H. ^€lmiRistrati'le Pre€le€lblres: TRe Parh aR€l Re@reati€lR C€lmmissi€lR
sRall estaBlisR Sbl@R a€lmiRistrative ~F€l@e€lblres as tRey may €le€lm
fl€l€l€lSSarj aRe r€l€lblire€l te im~lemeRt tR€l ~f€lvisieFls ef t!;;tis title. {Ore.
1 QHH, !'i @ 2QQ3)
11-3-8: TRAILS:
Cash Contribution for Trails: The City shall have the authority to
require a trail fee that will be charQed at the time of subdivision. Th
fee shall be established annually with the City Fee Ordinance and is
separate and distinct from the park dedication fee. The fee's intent is
to fund reaional trails as shown in the Comprehensive Plan.
39
CHAPTER 4
REQUIRED IMPROVEMENTS
SECTION:
11-4-1 : General Conditions
11-4-2: Development Contract
11-4-3: Financial Security
11-4-4: Construction Plans
11-4-5: Inspections
11-4-6: Preexisting Improvements
11-4-7: Completed Improvements Documented
11-4-8: Street Improvement Standards
11-4-9: Drainage Facilities
11-4-10: Subsurface Conditions
11-4-11 : Water And Sewer Systems
11-4-12: Sidewalks And Pedestrianways
11-4-13: Public Utilities
11-4-14: Dead and I or Diseased Trees
11-4-15 NonconforminQ Provisions
11-4-16: Official survey markers
11-4-1 : GENERAL CONDITIONS:
lJ~eFl r€l€lei~t €If ~r€llimiRalY ~Iat a~~f@val BY tRe Cel;lR€lil afl€l ~rier tE~ C@l;lR@i1
a~~r8val ef tRe fiRal ~Iat, tR€J sl;lB€livi€ler gRail mal~e ~f€lvisieR, iR tRe maRR€lr
RereiFlaft€lr set mFtR, mr tRe iRstallatiElR, at tR€l s@le e}(~eRS€l €If tR€l sl;lB€livi€ler, €lf
Sl;l@R im~r€lvemeRts as sAall6€l r€l€ll;lir@€l6Y tRe €lity, WRi€lR im~revem@Rts may
ifl€llbl€le, 6l;lt are Flet limite€l te, streets, si€l€l'l:all~s, ~l;lBli€l'l.'ater systems, saRitalY
sewer systems, SblRa€le aFl€l sterm €lraiRa~e systems, aRe ~bl6lig bltility sePi.'i€les.
TRe iflstallati€lFl €lf sai€l im~r€l'JemeFlts sRall6e iR €leRfermity v:it!;;t a~~r@'/e€l
€l€lRstr\,l@tiElR ~laFls aFl€l s~€J@ifigati@Rs aR€l all a~~Ii@aBI€l staR €lares aR€l
€lr€liRelFl€les. (.^.meR€le€l Ore. 1Q, 2 1!'i H172)
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 of all improvements
required by the City. The improvements may include, but are not limited to,
streets, sidewalks I trails. public water systems. sanitary sewer systems,
surface and storm drainaQe systems. and public utility services. The
improvements shall be at the sole expense of the subdivider, with the
exception of Trunk Sanitary Sewer, Trunk Water Main, and ReQional Trail
Improvements. The installation of said improvements shall be in
conformity with approved construction plans and specifications and all
applicable standards and ordinances. Such improvements can be installed
40
publicly or privately as identified in th City's D v lopment Guidelines for
Infrastructur Improvements.
11-4-2: DEVELOPMENT CONTRACT: Prior to the installation of any
required improvements and prior to a~W@'Jal release of the final plat for
recording, the subdivider shall enter into a contract with the city to construct said
improvements at the sole expense of the subdivider, with exception to Trunk
Sanitary Sewer, Trunk Water Main. and ReQional Trail improvements 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 as hereinafter set forth. (Ord. 10FF, 8-5-
2002)
11-4-3: FINANCIAL SECURITY: The development contract shall require
the subdivider to make a cash escrow deposit or, in lieu thereof, to furnish a letter
of credit in the following amounts and upon the following conditions:
A. Escrow Deposit and I or Letter of Credit: The subdivider shall deposit
with the Finance Director/Treasurer a cash amount as required by the
city development contract with the total cost of ~ improvements as
estimated by the Engineer and lor identified in the contract. In lieu
of a cash escrow deposit, the subdivider may furnish an
irrevocable letter of credit with a banking institution acceptable to
the City. The amount shall include iR€lIl;l€liR~ 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.
~. letter Of Cr€l€lit: IA IiSl;l €lf a @as!;;t es@re'.v €l€l~€lsit, tRe sbl6€livi€ler may
fl;lmisR aFl irr@v@@a6Ie letter €If €lre€lit, witR a Eler~erate sl;lrety as f€l€lblire€l
B)' tRe @ity €level€l~meRt €l€lFltraet 'A'it!;;t tREl t€ltal @€lst €If Sbl@R im~r@lJemeflts
as Qstimate€ll:ly tRe eR~iR€l€lr, iR@Il;lelifl~ tREl estimate€l €l}(~€lRS€l €If the @ity
mr eFl~iRe€lriR~ aR€l IQ~al ~€lS afl€l €ltR€lr €l}(~eflSeS iR@l;lrre€l BY tR€l €lity iR
@8AR€l@tieR v:itR tRe mal~iRgJ €lf Sl;l@R im~r€lvem€JRts.
B.G 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 t!;;te C€ll;lFl€lil after EleRsl;lltatieR '::itR .!rLthe 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
41
within the time allotted, the city shall be allowed to exercise its power to
r@@evsr eR tR€J redeem the letter of credit or utilize the cash 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. (Ord. 10FF, 8-5-2002)
11-4-4: CONSTRUCTION PLANS: Preliminary construction plans and
specifications for the required improvements conforming in all respects with the
standards and ordinances of the city shall be prepared at the expense of the
subdivider by a re~istered professional engineer licensed re~istere€l by the
state. In urban areas, final construction plans and specifications will be
prepared by the City En~ineer at the expense of the subdivider and shall
follow the Development Guidelines for Infrastructure Improvements. Such
plans and specifications shall become a part of the ~€lrf€lrmaR@9 development
contract. T'::€l (2) ~riRts ef sai€l ~laRs aR€l s~€l@ifi€latieRs sRall6e file€l '.\IitR tAB
Clerl~. (Amended Ord. 10,2-15-1972)
11-4-5: INSPECTIONS: All required improvements shall be inspected
during the course of construction by the Engineer or their representative, and
acceptance of said improvements by the city shall require the prior written
certification by the Engineer that said improvements have been constructed in
compliance with the plans and specifications. (Amended Ord. 10,2-15-1972)
11-4-6: PREEXISTING COMPLETED 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 the Engineer shall certify in writing that said
improvements conform to city standards. (Amended Ord. 10,2-15-1972)
11-4-7: COMPLETED IMPROVEMENTS DOCUMENTED: Upon
completion of installation of all required improvements in a rural development,
the subdivider shall file with the GIef;k City EnQineer one mylar drawinQ. one
paper drawinQ. and one di~ital copy of plans a rs~rEl€ll;l€li6Ie tra@iR~ afl€l t.....e
(2) €l€l~iss Elf ~Iafls and specifications showing all improvements as finally
constructed and installed. If the completed improvements were constructed
as an urban development, the City will prepare the final copies of plans and
specifications as finally constructed and installed at the expense of the
owner or developer. (Amended Ord. 10,2-15-1972)
42
11-4-8: STREET IMPROVEM~Ni STANDARDS:
A. With Municipal Sanitary Sewer And/Or Water:
1. Grading: The full width of the right of way of each street shall be graded,
including the sub-grade of the areas to be paved, in accordance with the
standards and specifications which have been a€le~te€l BY rEls€lll;lti€lR @f tRs
City C@l;lFl€lil. approved by the City Council.
2. Paving: All streets shall be paved with concrete or bituminous surfacing in
accordance with the standards and specifications that have been a€l€l~t€l€l BY
r@selblti@R €If tR€l approved by the City Council.
3. ~€l€l€liFl~.j. Erosion Control: The portion of tRe street ri~Rt €lf \':ay BeyeR€l
tRe ~ave€l sl;lrf.a€le the ri~ht-of-way between the street and the property
line shall receive a minimum of four inches (4") of approved topsoil and shall
be sodded or a cash escrow provided prior to issuance of a certificate of
occupancy by the city.
4. Curb And Gutter: Concrete curb and gutter shall be installed on both sides
of the paved surface of all streets~ Em€l€l~t laRes.
5. Private Driveways: All private driveways providing access to public rights-of-
way 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.
6. Street Signs: A street si~Rs €If a €l€Jsi~R si~n plan will be desi~ned and
approved by the city as per the Minnesota Manual on Uniform Traffic
Control Devices. sRall Be iRstalle€l at ea@R street iRterse€ltieR.
7. Screening: Screen planting shall be as required by t!;;t€l ~lattiR~ abltR@rity
City Code Title 12-14-5.
8. Street LiQhts: The subdivider shall be responsible for the installation
of IjQhts as identified in the Development AQreement.
B. Without Municipal Sanitary Sewer And/Or Water:
1. Grading: The full width of the right-of-way of each street shall be graded,
including the sub-grade, in accordance with the standards and specifications
which have been a€l€l~te€l BY resell;lti€lR €lf approved by the City Council.
2. Rea€l ~l;lrfa@es: T€lm~erar'J rea€l Sblrf.a@9S aR€l €lblst €l€lat sRall BS as SR@'.Vfl
iFl @ity staR€lar€ls.
2. Pavin~: All streets shall be paved with concrete or bituminous
1 See also sections 9-1-5, 9-10-3 and 11-3-3N of this code.
43
surfacinQ in accordance with the standards and pecifications that hav
been approved by the City Council.
3. ~€l€l€liFl~ Or ~e€l€liFl~ Erosion Control1: Te~sElil aR€l S€l€l Elr sEle€liR~
€l@RsistiR~ @f The portion of the riQht-of-way between the street and the
property line shall receive a minimum of four inches (4") of approved topsoil
and shall be sodded or seeded with the appropriate seed mixture and
application rate,L.aRG mulched. and the mulch =aR6 disc anchored as required
in the city standards.
4. Driveways: Driveways shall be hard surfaced from the streetto the property
line.
5. Street Signs: A street sign& R!!.n..€lf a €l€lsi~R a~~r€lve€l6Y tRe €lity sRall Be
iRstall€l€l at ea@!;;t street iRt€lrs€l€lti€lR will be desiQned and approved by th
City as per the Minnesota Manual on Uniform Traffic Control Devices.
6. Screening: Screen planting shall be as required by t!;;te ~lattiR~ al;ltR€lrity
City Code Title 12-14-5.
7. Street Liahts: The subdivider shall be required to install street liQhts
as identified in the Development AQreement.
C. Required Intersection Improvements on City or County Roads:
1. The subdivider shall be required to pay a proportionate share of all
costs associated with required intersection improvements alona County
roads and City streets when new developments triQQer the need for
uPQrades (i.e. riQht and left turn lanes, bypass lanes, and deceleration
lanes).
2. The subdivider shall make the required improvements as a part of the
street improvements for the new development as identified in the
preliminary plat approval.
3. The City Council may elect to construct such improvements as an
assessment proiect in which the subdivider shall accept an assessm nt
for a proportionate share of the improvements as identified in the
preliminary plat approval.
D. Phased Construction Requirements: To enable adiacent properties to
develop in a timely manner, the City shall have the riQht to require as a part of
th final plat of any phase the dedication of appropriate easements and I or
riaht of way and extension of streets and lor utilities throuQh future phases to
such an extent as to assure that the extension of utilities to adiacent properties
will be completed with the first phase.
1 See also sections 9-1-5, 9-10-3 and 11-3-3N of this code.
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11-4-9: DRAINAGE FACILITIES: Storm sewers, culverts and water drainage
facilities shall be required when, in the opinion of the Engineer, such facilities are
necessary to ensure adequate drainage for the area. All such drainage facilities shall
be constructed in accordance with staRelar€ls aR€l s~€l€lifi€lati€lRs €lsta6lis!;;te€l BY tRe
Gity the City of Andover's Water Resource Manaaement Plan and I or the Coon
Creek Watershed District or Lower Rum River Watershed ManaQement
Oraanizations' plans. Drainage facilities shall be provided to convey surface water
to publicly owned or controlled drainage facilities. (Amended Ord. 10,2-15-1972)
11-4-10: SUBSURFACE CONgITIOt'IS
GEOTECHNICAL REPORT: TRe sblB€li'Ji€lElr s!;;tall €lal;lS@ tests te 6@ ma€l@ @f
Sl;l6Sl;lRa€l€l €l€lR€liti€lFls t@ €letermiR8 tR€J Ratl;lre aR€l EllR€lRt €lf Sl;l6sl;lRa€le s€lil, r€l€ll~ aR€l
v:atef. T!;;ts 1€l€latieR aR€l resl;llts €If sai€l tests sRall6El ma€lEl availaBle te tRe €lity.
(.^.meR€l€l€l Orel. 1 Q, 2 1!'i 1 Q72) The subdivider shall submit a standard
aeotechnical report with a history and recommendations reQardinQ the site. In
addition, the report shall include SCS soil types. mottled soil elevations or
hiQhest anticipated water table, existinQ Qroundwater elevation. and soil
borinQs to a minimum depth of 20 feet.
11-4-11: WATER AND SEWER SYSTEMS: Where connection with the city
water and sanitary sewer system is deemed feasible by the Council, the subdivider
shall be required to install water and sanitary sewer mains and services in the
subdivision in addition to permanent streets at the sole expense of the subdivider
with exception to Trunk Sanitary Sewer and Water Main improvements as
identified in the City's Assessment Manual. The Trunk costs will be reviewed
by the City per the City's Development Guidelines for Infrastructure
Improvements. (Amended Ord. 10,2-15-1972)
11-4-12: SIDEWALKS AND TRAILS: Where sidewalks and trails
~€l€l€lstriaR'.vays are required by the City Council and pursuant to Minnesota State
Statute, they shall be hard surfaced in accordance with city standards. Grades shall
be approved by the Engineer. Sidewalks shall be placed in the public right-of-way
€IRe met (1 ') fr€lm tRs we~erty liRe aR€l sRall6e at least fiVEl feElt (!'i') \':i€ls in a
location determined by the City EnQineer and shall be a minimum of five feet
(5') wide. ReQional Trail improvements (8' to 10' in width) are identified in the
City's Transportation Plan. If a trail within a plat meets the definition and
location of a reQional trail. then the City will fund such improvements. If an
int rnal trail is required throuQh the plattinQ process and does not meet the
definition and location of a reQional trail, then the improvements shall be at the
sole expense of the subdivider.
(Amended Ord. 10,2-15-1972)
11-4-13: PUBLIC AND REGULATED PRIVATE UTILITIES:
A. Underground Utilities: All telephone, cable television, communications
eQuipm nt, 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 city
45
standards. All underground installation of service lines within street rights-of-
way shall be completed as d t rmined by the City EnQineer ~ri€lr t@ strset
sl;l/=fa€liR~. 6l~€lFl @em~letieR Elf tRs iRstallatieR €If l;lR€le~r€ll;lR€l ssp:i€l@ liRes iR
€le€li€late€l ~l;l6Ii€l '/:ays, a tra€liR~ aRe! tw@ (2~ €le~ies €If ~laRs aRe s~e€lifi€lati€lRs
sA@'::iFl~ tRe €l8m~let8€l iRstallati€lR sRall6s fil€l€l witR t!;;tEl CI€lrl~.
B. Utility Poles: 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. (Amended Ord. 10,2-15-
1972)
D. Overhead Utilities: All existinQ overhead utilities within the plat shall be
buried at the expense of the subdivider.
E. Phased Construction Requirements: As part of any phase of
development the City shall have the riQht to require the dedication of
appropriate easements and the construction of streets and utilities to the
edQe of the development throuQh future phases. Extension of streets
and utilities will enable adiacent properties to develop in a timely
manner.
11-4-14: DEAD AND / OR DISEASED TREES: Dead and / or diseased tre s
shall be required to be treated and/or removed as per City Code Title 4-3 and as
id ntified in the Development AQreement.
11-4-4415: NONCONFORMING PROVISIONS: Nonconformance with the
standards and ordinances of the city in the development of property by the subdivider
or his/her agents shall be cause for the Engineer or the Administrator to order
cessation of all construction within the subdivision. In such event, no further
construction shall be allowed until written authorization is obtained from the city.
(Amended Ord. 10,2-15-1972).
11-4-16: OFFICIAL SURVEY MARKERS: Official survey markers or iron
monuments shall be placed at the corner of each lot. The locations of each
shall be shown on the final plat.Pi~€ls @r steel r@€ls sRall Be ~Ia€l@€l at ea€lR €l@rRer
€lf ea€lR let, aR€l tRele@atieR tRer€l€lf s!;;tall6€l SR€l'.\'R.
Adopted by the City Council ofthe City of Andover on this 18th day of September, 2007.
ATTEST:
1):/;;0) 14&
Victoria Volk, City Clerk
46