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Home My WebLink About07/24/070 Andover Planning and Zoning Commission Meeting Agenda July 24, 2007 Andover City Hall Council Chambers 7.00 n.m. 1. Call to Order 2. Approval of Minutes — June 26, 2007. 3. PUBLIC HEARING: Conditional Use Permit Amendment (06 -09) to extend mining permit for property located at 16689 Hanson Boulevard NW. 4. Work Session: a. Animal Control Ordinance b. Subdivision Ordinance 5. Other Business 6. Adjournment E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US • • T Y O F OV. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - June 26, 2007 DATE: July 24, 2007 Request The Planning and Zoning Commission is asked to approve the minutes from the June 26, 2007 meeting. • NDOVEO�_ PLANNING AND ZOA'ING COMMISSION MEETING — JUAT 26, 2007 • 0 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on June 26, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others APPROVAL OFMINUTES. May 8, 2007 Motion by Casey, seconded by Kirchoff, to approve the minutes as presented. Motion carved on a 7 -ayes, 0 -nays, 0- absent vote. PUBLIC HEARING: LOT SPLIT (07 -02) TO CREATE A NEW R URAL RESIDENTIAL PARCEL FROM PROPERTY LOCATED AT 16090 K4KAH STREET NW. Mr. Bednarz stated the applicant is proposing to split the subject property. Commissioner Kirchoff stated the cul -de -sac and easements are used to calculate the requirements for the size of the lots but when a person comes in for a building permit later on, will it affect the size of the lot. Mr. Bednarz indicated a building permit would not affect this situation. Regular Andover Planning and Zoning Commission Meeting Minutes —June 26, 2007 Page 2 Commissioner Cleveland asked if the drainage problem on 160 affect this property or the neighboring properties on the north and south side. Mr. Bednarz stated it was his understanding it was more of an issue to the properties to the west and primarily property to the south and west. Commissioner Cleveland wondered if the drainage pond will eliminate that Mr. Bednarz indicated it would. Motion by Walton, seconded by Casey, to open the public hearing at 7:05 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. No one wished to address the Commission. Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:06 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Falk wondered if by putting in the cul -de -sac on the one parcel did it affect the size of the parcel. Mr. Bednarz indicated it did not Motion by Walton, seconded by Casey, to recommend to the City Council approval of the proposed lot split. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the July 3, 2007 City • Council meeting. PUBLIC HEARING: VARIANCE (07 -01) TO VARY FROM SIDE YARD SETBACK REQUIREMENTS FOR PROPERTY LOCATED AT 15924 XEONSTREET NW. Mr. Bednarz explained the applicant is seeking approval of a variance to allow a deck to be constructed in the side yard or their comer lot. Mr. Bednarz discussed the staff report with the Commission. Commissioner Walton wondered if they have seen issues like this with special use decks on the sides of homes. Mr. Bednarz stated they have seen requests like this in the past. Motion by Falk, seconded by Kirchoff, to open the public hearing at 7:12 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Michael Tupy and Mrs. Beth Tupy, 15924 Xeon Street, stated when they purchased the property in August 2006, one of the features they looked at was the 16 foot ledger board along with the door going out the side of the house and it implies to them that a deck could be constructed at that location and they are asking for the Commission support on this. He stated when they approached the Building Department they talked • about it being an aesthetics issue with the twenty -five foot setback and they have support of their neighbors to have a deck put on the home. He stated the character of the deck Regular Andover Planning and Zoning Commission Meeting Minutes —June 26, 2007 Page 3 would be a cedar deck, similar to others in the neighborhood. He stated they want this for their family to be used as useable space. Commissioner Walton asked if the twelve foot the full deck width or would it be fourteen foot wide with a two foot overhang. Mr. Tupy indicated it would be twelve feet with the footings at the edge of the deck. Motion by Walton, seconded by Casey, to close the public hearing at 7:15 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Walton thought this was a prime example why they need to ghost plat the decks in the future. Chairperson Daninger concurred. Commissioner Holthus indicated she went out and looked at the house and they had considered the option to run a small walkway along the side of the house to the back yard but there is also an issue with setbacks in the back yard which may also be another hardship as well and she would be for granting the variance. Motion by Walton, seconded by Casey, to recommend approval of the variance to vary from side yard setback requirements for property located at 15924 Xeon Street NW. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the July 3, 2007 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT (06 -09) TO EXTEND MIMNG PERMIT FOR PROPERTY LOCATED AT 16689 FIANSON BOULEVARD NW. Mr. Bednarz stated the applicant is requesting an extension of the mining permit that was initially issued in 1989. The permit was previously extended in 1991, 1996 and 2001. At this time the applicant is requesting that the permit be extended for two additional years. Mr. Bednarz discussed the staff report with the Commission. It was noted the applicant was not at the meeting. Chairperson Daninger asked if the applicant was notified that this would be on this evenings agenda. Mr. Bednarz indicated they were. Commissioner Kirchoff asked if anyone gets credit for the wetlands. Mr. Bednarz stated they could potentially be for the property owner. • Commissioner Falk asked in the grading plan if the staff report is referring to the second pond. Mr. Bednarz indicated it was. He showed an aerial of the property. Regular Andover Planning and Zoning Commission Meeting Minutes — June 26, 2007 Pace 4 Commissioner Walton asked if with the additional traffic on Hanson Boulevard, did they have any transportation concerns in or out of this site. Mr. Bednarz explained it has not been an issue in the past. He stated it is somewhat infrequent where they are taking material from the site.. Commissioner Falk wondered by creating a bigger pond, how will it effect surrounding properties. Mr. Bednarz explained there are not many properties around. He showed the site map showing a few of the residents around the property. Motion by Falk, seconded by Kirkoff, to open the public hearing at 7:23 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Byron Westlund asked if there is an amendment to the plan will this need to go back to the Lower Rum River Watershed District for approval. Mr. Bednarz stated they would. • Mr. James Selmer, 17000 Ward Lake Drive, asked if this is the black dirt being taken out to create a larger pond. Mr. Bednarz indicated that was correct. Mr. Selmer asked how big the pond will get. Chairperson Daninger explained there was a map showing the size of the pond. • Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:25 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Falk wondered if they needed to add a clause regarding the applicant needing to get a permit from the Watershed District. Mr. Bednarz explained it is actually in item five. Chairperson Daninger stated he was here in 2001 when this was extended and he has some concerns with this. Right now the pond is already larger than what the permit says and they have already has extended the permit several times and he wondered when the mining activity will end. He stated he was going to vote against this because of those concerns. Commissioner Walton asked if the customary time for a CUP is one year and then it is reviewed to see if it will be approved or extended again. Mr. Bednarz explained that was not necessarily the case. The City determines how long a CUP can run and this one has been 5 years in the past. Commissioner Walton asked if there was a requirement for signage on Hanson Boulevard because he did not recall seeing truck delivery signs along Hanson Boulevard and traffic goes very fast north of 161` and he thought they were setting themselves up for a • potential mishap in the future if this were allowed to continue. Commissioner Cleveland stated he drove along there today and there were not any signs up. Mr. Bednarz indicated Regular Andover Planning and Zoning Commission Meeting Minutes —June 26, 2007 . Page S signs are only required when they are hauling. Commissioner Walton wondered if they could get signs posted permanently for while the mining is allowed on the parcel. Commissioner Kirchoff did not think that would be wise because after time people do not see permanent signs and may be more of a hazard. Commissioner Walton thought that was a good point. Mr. Bednarz indicated they can make sure signs are posted while they are hauling. Commissioner Walton wondered if they could amend the resolution, if approved, to one year instead of two. Mr. Bednarz indicated they could. Commissioner Holthus wondered if the CUP extension is not granted what happens to the size of the ponds. Mr. Bednarz stated if the permit is denied, they will be asking the applicant to restore the property to the previously approved grading plan. Commissioner Holthus wondered how that was enforced. Mr. Bednarz explained the course of action they will take. Commissioner Cleveland wondered if the shape of the pond has to do with where the black dirt is located because it does not look like the grading plan. Mr. Bednarz tended to agree that the aerial photograph did not look like the grading plan submitted and there would need to be some modification in the area to meet the proposed plan. Commissioner Kirchoff asked how much over they exceeded their mining of the area. Mr. Bednarz stated it was difficult to put a number on it but he guessed the second pond was twice the size of the previously approved grading plan. Commissioner Walton wondered if they could table this item until they would be able to get the applicant before them. The Commission indicated they did not have a problem with tabling this. Motion by Walton, seconded by Casey, to table this item until July 10, 2007 to allow the applicant to be present for questions. Chairperson Daninger indicated he would like the applicant to be ready with answers to their questions brought up at this meeting. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz indicated this item will be brought back to the July 10, 2007 meeting. PUBLIC HEARING: REZONING (07 -01) TO CHANGE THE ZONING • DESIGNATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R -1) TO SINGLE FAMILY URBAN RESIDENTLAL (R-4) FOR 0UTL0IS A. B AND C OF WOODLAND ESTATES SECOND ADDITION. Regular Andover Planning and Zoning Commission Meeting Minutes —June 26, 2007 Page 6 • Mr. Bednarz explained the Planning Commission is asked to review the proposed rezoning to allow the Woodland Estates 3Td Addition to move forward. Mr. Bednarz discussed the staff report with the Commission. Commissioner Falk asked in the future, if this development expands will there be emergency access through Veterans Memorial. Mr. Bednarz indicated the street would connect if the development were expanded in the future. Motion by Casey, seconded by Walton, to open the public hearing at 7:42 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Ms. Carol McCormick, 15172 Uplander Street NW, stated having seen the development in the community, she was noticing a variance in what the allowances were for where houses would be placed on lots once developed fully. She wondered how far back from the street a house must be placed. Mr. Bednarz stated the setback from the property line minimum is thirty-five feet and additionally there is a boulevard area from the property line to the curb that is typically about 13 '/z feet. Ms. McCormick asked if the cul -de -sac will be placed past the last set of homes. Mr. Bednarz indicated that was correct. • Ms. McCormick asked when the developer is authorized to develop the land and get it ready for construction. Mr. Bednarz indicated after the preliminary plat is approved the developer has a grading plan pre- construction meeting with staff and the utility companies and then after that point work should be able to begin. Ms. McCormick indicated work has already begun. She also wondered what the retaining wall will look like. Ms. Chris Warra, 2358 151 Avenue, stated she will be happy to see this addition develop because over the years they have seen people shoot potato guns and fire works there and they have released their newly caged rabbits and squirrels. She stated she would rather see homes there than what she has seen. Commissioner Walton wondered what the width and depth was of lot 1, block 2. Mr. Byron Westlund, developer, showed a layout of the proposed development and stated it was roughly 130 feet from lot corner to Iot comer across the front and 40 feet in the back yard at the end of the triangle piece. He noted the pad does meet the City ordinance and the new one with the additional 110 foot requirement. Commissioner Walton asked if a house plan would fit on the lot. Mr. Westlund indicated the grading plan shows a full basement lot and he did not have the house designed at this time. • Regular Andover Planning and Zoning Commission Meeting Minutes — June 26, 2007 • Page 7 Commissioner Walton stated that lot concerns him a lot. His concern is there is not a side yard in order to put a deck on the house, many of the houses in this development have decks. They will also run into some issues on this lot and it concerns him. Mr. Westlund indicated they could provide a drawing with the house plans during the final plat. Commissioner Walton wondered what the timetable was for the continuation through Veterans Memorial. Mr. Westlund indicated part of the reason this was not being continued as part of that is because it is in the Rural and Agricultural Preserve and does not come out until 2010. Chairperson Daninger asked for an explanation of the retaining wall. Mr. Westlund stated this would be a continuous retaining wall made out of keystone block. He explained the reason for this. Chairperson Daninger wondered what the intent was to move pedestrians on the street. Mr. Westlund stated there was not a staff comment regarding trails but it is a typical street section within the City of Andover. Mr. Bednarz stated the street would be thirty - three feet wide which is the urban standard. He stated the trail is located in Woodland Estates god and 0 up to Veterans Memorial Boulevard Chairperson Daninger asked if they have started developing this. Mr. Westlund stated they have not. He stated with the sixth addition it required a lot of mining. He explained what they were doing now to get the subdivision ready. He stated there are stakes out there to -make sure they are not overfilling or under filling areas. Commissioner Walton stated lot 1, block 1 has a jog to it which can create problems in the future with who owns it and he wondered if this can be adjusted. Mr. Westlund stated he would have to look at that. The property to the west of the jog is not theirs so there would be a little remnant of a piece of property that would be adjacent to lot 1, block 4 that would be in limbo if cut off. Ms. McCormick stated living right behind lot five on the east side, the retaining wall is still not clear to her. She wondered if it would be located behind the existing trees toward the front of the lot. Chairperson Da stated if they went to the west fifteen feet of the property line would be where the retaining wall is and it would be located on the new lot. Motion by Walton, seconded by Casey, to close the public hearing at 8:02 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Walton indicated he was still concerned with lot 1, block 1 because of the setbacks and also a concern with lot 1, block 2 and he thought that maybe they can come • up with a plan to show what it will look like and there is probably a couple of homes that will work there. Regular Andover Planning and Zoning Commission Meeting Minutes —June 26, 2007 Pane 8 • Mr. Westlund stated they do have outlot A on the north end of that lot and he thought they can accommodate it by shifting lot lines down and making Outlot A smaller. He thought this could address their concern. Commissioner Walton was hoping this would be recommended without requiring it Chairperson Daninger wondered when the street will be in and done once approved. Mr. Westlund stated their goal is to have it done by the end of October. Motion by Vdalton, seconded by Casey, to recommend approval of the rezoning request changing from Residential R -1 to R-4. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the July 3, 2007 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT OF WOODLAND ESTATES 3 RD ADDITION, A SINGLE FAMILY URBAN RESIDENTIAL DEVELOPMENT CONTAINING THIRTEEN URBAN LOTS LOCATED ON 0UTL0TS A, B AND C OF WOODLAND ESTATES SECOND ADDITION. Mr. Bednarz explained the Planning Commission is asked to review the proposed • Preliminary Plat of Woodland Estates P Addition. Mr. Bednarz discussed the staff report with the Commission. Motion by Casey, seconded by Walton, to open the public hearing at 7:42 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Opened with previous item. Motion by Walton, seconded by Casey, to close the public hearing at 8:02 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Motion by Walton, seconded by Casey, to recommend approval of the Preliminary Plat for Woodland Estates 3` Addition with the understanding the applicant will address lot 1, block 2 in terms of widening and see what they will do with Iot 1, block 1 to avoid the jog. Chairperson Da stated there is a cul-de -sac and they have had previous discussion talking about safety and unofficially there is not an road through the one end so from the road north there is not an official emergency road but if need be they could set up a perimeter for fire. He wondered if there was any issue with the cul -de -sac variance. Commissioner Walton stated he understood the Chair's concern and agreed but he . thought in this particular development since they have Agricultural Preserve land to the Regular _Andover Planning and Zoning Commission Meeting Minutes —June 26, 2007 • Page 9 north which boxes them in, he did not think they had much choice in this development and any alternative basically stymies his development. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Be dnarz stated that this item would be before the Council at the July 3, 2007 City Council meeting. PUBLIC HEARING: PRELIhfVAR Y PLAT OF TIMBER TRAILS 2' ADDITION, A SINGLE FAMILYRURAL RESIDENTIAL DEVELOPMENT CONTA'AWVG SIX R URAL RESIDENTIAL LOTS LOCATED AT 17700 TULIP STREET NW. Mr. Cross explained this 18 -acre property was the subject of an abatement process over the last two years. The house was left abandoned, declared a hazardous structure, and removed under direction from the City Council. The land has been purchased and the new owners have submitted this six -unit preliminary plat. Mr. Cross discussed the staff report with the Commission. Motion by Walton, seconded by Kirchoff, to open the public hearing at 8:14 p.m. Motion carved on.a 7 -ayes, 0 -nays, 0- absent vote. Ms. Julie Sidell, 3712 178 Lane, asked if the road was approved coming from the cul- de -sac out to 158 Mr. Cross indicated it was. Ms. Sidell asked if they would only be putting in a right hand turn lane coming south on 158 but no by -pass for the people turning left into the development. Mr. Cross indicated that was correct. Ms. Sidell indicated that was a concern to her because most people come north on Round Lake Boulevard and the majority of the traffic into the development will be going left, not right into the development and will really back up traffic going into the development along with problems for the neighbors along there. She noted the road does also crest a hill and is hard to see people coming down the road that direction so it would be nice to see a bypass lane on the left side. Mr. Rick Olson, Ruud Land Surveying, stated to address the bypass lane, their site line distance coming out onto Tulip Street meet the County requirements. Ms. Sidell asked who the new developer was. Mr. Olson stated the development is still owned by the original developer but he is in the process of selling pending preliminary and final plat approval. They will be selling to a Summit Development. Ms. Sidell asked if they were still under the same home size as the current developer has. • Mr. Olson stated he was given a house plan of the type of home that will be in the Regular Andover Planning and Zoning Commission Meeting Minutes —June 26, 2007 Page 10 development. He stated there will be two builders and the homes will start around • $400,000 and go up to $600,000. Commissioner Walton asked what the foundation size was of the shown home. Mr. Olson stated the first floor foundation would be 1500 square feet. Motion by Walton, seconded by Casey, to close the public hearing at 8:21 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Chairperson Daninger wondered if it mattered who owned the property when they approve the plat. Mr. Cross indicated it would not as long as they had the property owners signature on the application. Chairperson Daninger wondered if there is any mention of the trail in the resolution. Commissioner Kirchoff indicated there is a trail fee listed. Mr. Cross referred to item 2 regarding this. Chairperson Daninger indicated there was nothing listed for screening of this development from other residents. Commissioner Kirchoff thought if they made this a requirement, the developer would need to do the screening on the existing owners property and he did not think they could require this. Motion by Walton, seconded by Casey, to recommend approval of the preliminary plat • subject to the conditions of the attached resolution and request the developer bring forth a plan to assist or talk with the resident across from 177 and to have an answer for Council. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the July 3, 2007 City Council meeting. PUBLIC HEARING: ORDINANCE AMENDMENT TO CITY CODE 4 --3 TO REDUCE THE MAXIMUMALLOWED GRASS HEIGHT ON URBAN LOTS TO EIGHT INCHES. Mr. Vrchota explained based on input from a number of residents, the City Council has indicated that they would like the maximum allowable height for grass to be lowered from 12 to 8 inches on urban sized lots. Mr. Bednarz discussed the staff report with the Commission. Commissioner Holthus wondered how many complaints does the City receive each year regarding long grass. Mr. Vrchota thought there were five calls average per each week during the summer, not all of them are violations. • Regular Andover Planning and Zoning Commission Meeting Minutes — June 26, 2007 • Page 11 Commissioner Falk asked instead of urban lots, can they say "within the MUSA". Mr. Vrchota stated the way this is written it deals with lot size so there are lots outside of the MUSA that are less than one acre. He did not think that wording would work. Motion by Falk, seconded by Kirchoff, to open the public hearing at 8:29 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Ms. Sidell stated she has a concern with this because the ordinance only covers urban lots and they have a neighbor that does not maintain their yard outside of the fence line. She stated she has contacted staff several times regarding this and she would like to see more responsibility put on the homeowner. She thought an 8 inch height would be a lot more controllable than 12 inches. She stated she is a rural lot and she would like to see this in all platted subdivisions. Commissioner Holthus wondered what the standard was for three acre lots. Mr. Vrchota referred to the Resolution indicating this included the entire set of standards. He reviewed the standards with the Commission. Motion by Walton, seconded by Falls, to close the public hearing at 8:33 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. • Commissioner Walton thought that with the advent they are seeing in the housing market, they will see more forclosures and see more new construction homes sit longer with yards not being maintained and it will affect the urban lots along with the outlying lots and he wondered if they should make this going to 8 inches for more residents then just urban. He thought they should model this after what Anoka does. Commissioner Kirchoff stated he would not support what the other cities in the area does. He stated he would like to stick with and support as it stands. Commissioner Walton stated he did not want this done 6 inches City wide but he would like it dropped from 12 inches to 8 inches for the urban lots also. Chairperson Daninger thought going from 12 inches to 6 inches may be too big of a jump. He asked if there was anything that addressed the residents needs. Mr. Vrchota indicated they did and was in the standards he indicated. Chairperson Daninger asked what the enforcement or penalty would be in the change. Mr. Vrchota stated with lawn mowing they will send a certified letter to the property owner and give them ten days to mow it and if they have not done it within that time the City has an abatement contractor that will come out and mow it and then the City will bill them for the cost and if they do not pay it, it will get assessed to their takes. • Motion by Walton, seconded by Falk, to recommend approval of the proposed changes to the City Code. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Regular Andover Planning and Zoning Commission Meeting Minutes —June 26, 2007 Page 12 Mr. Bednarz stated that this item would be before the Council at the July 3, 2007 City • Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Chairperson Daninger stated 3 1/5 or 4 years ago there was a development across from City Hall called Clock Commons and he wondered where the Clocktower is at. Mr. Bednarz stated they have been in contact with the developer regarding some of the site improvements and their communication back was they would like to wait until the pads were developed. He noted the proposed future restaurant pad would contain a Clocktower and the City is holding a performance bond to ensure it is completed at sometime. Chairperson Daninger thought this should be brought to the Council to see what their feelings are regarding this and see if they would like the Planning Commission help with this. ADJOURNMENT. • Motion by Walton, seconded by Kirchoff, to adjourn the meeting at 8:44 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver OffSite Secretarial, Inc. • C A I T Y O F ND OVE • 1685 CROSSTOWN BOULEVARD N.W. a ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -8923 a WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne* SUBJECT: PUBLIC HEARING: Conditional Use Permit Amendment (06 -09) to extend mining permit for property located at 16689 Hanson Boulevard NW. DATE: July 24, 2007 INTRODUCTION This item was tabled at the last meeting to allow the applicant to be present to answer questions. Please note that a new grading plan has been provided since the last meeting (attached). The applicant is requesting an extension of the mining permit that was initially issued in 1989. The permit was previously extended in 1991, 1996 and 2001. At this time the applicant is requesting that the permit be extended for two additional years. DISCUSSION The Planning Commission had a number of questions and concerns at the last meeting. The minutes from the meeting are attached. • Purpose of Conditional Use Permit As a part of the permit, a grading plan is required. The purpose of the grading plan is to ensure that city and watershed district requirements are met and to show how the site will look when completed. The permit also allows review of the route and method of transportation, measures to prevent displacement from wind, hours of operation, length of the permit and site restoration. Grading Plan Since the last meeting, the applicant has submitted a revised grading plan. The previously approved grading plan is also attached. It should be noted that this pond already exceeds the size shown on the previously approved grading plan as shown in the attached photograph. The Engineering Department and Lower Rum River Watershed Management Organization (LRRWMO) need to review the revised grading plan. A permit from the watershed district is required due to the size of the ponds. Transportation The applicant intends to continue to use the existing access to Hanson Boulevard. Conditions from previous approvals requiring signage and watering of the roadway on the site are included in the attached resolution. Displacement The ponds are located a significant distance away from adjacent homes and roads as shown on the attached grading plan and location map. Material is not stockpiled on the site, so the only • area of exposed earth is in and around the ponds. Upon completion, turf will be required to be established above the normal ground water level. Staff Recommendation Staff had previously recommended approval of the time extension subject to the conditions of the attached resolution. This would allow a limited period of time for the ponds to be completed in • compliance with city and watershed district requirements. ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the proposed Conditional Use Permit. Please note that the attached resolution will need to be modified to reflect the Commission's recommendation. The conditions in the attached resolution should be included if the Commission recommends approval. Attachments Resolution Location Map Previously Approved Grading Plan Aerial Photograph. Proposed Grading Plan Planning Commission Minutes Respectful submitt� Co ar Cc: Jim Kuiken, 8535 Central Ave #103 Blaine, MN 55434 • • • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING/DENYING A CONDITIONAL USE PERMIT TO EXTEND MINING PERMIT ON PROPERTY LOCATED AT 16689 HANSON BOULEVARD (P.I.D. 16- 32- 24 -42- 0001), LEGALLY DESCRIBED AS; The Southwest 1/4 of the Southwest 1/4 of Section 11, Township 32, Range 24 except the South 660 feet of the West 687 feet thereof, also except roads subject to easements of record. WHEREAS, the applicant has requested an amendment to the existing Conditional Use Permit to extend the time allowed for mining of the subject property; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12 -8 -4; and WHEREAS, the Planning and Zoning Commission finds and recommends to the City Council approval/denial of the Conditional Use Permit Amendment; and • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit Amendment to extending the time allowed for mining of the subject property subject to the following conditions: 1. The permit shall be limited to two years from the date of approval and shall expire in December of 2009. 2. The site shall be graded to conform to the grading plan dated November 10, 2006. Mining of other areas of the site shall be prohibited. 3. This permit shall be subject to annual site inspection to determine compliance with the City Code and the conditions of this permit. 4. The hauling of material is limited to Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 4:00 P.M. 5. The applicant shall obtain all necessary permits, including, but not limited to, the following organizations: Department of Natural Resources, U.S. Army Corps of Engineers, and Lower Rum River Watershed Management Organization. 6. Safety precautions shall be taken at the end of each working day to prevent injury to anyone who may be near the mined area. 7. Signs shall be placed on both sides of the driveway at Hanson Boulevard to signal the presence of trucks hauling. • 8. The roadway on the subject property shall be regularly watered to control dust. 9. Upon completion, turf shall be provided over all disturbed areas above the normal ground water level. Adopted by the City Council of the City of Andover on this _ day of , 2007. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor C1 p x_RifoTt�h1: �w % bF 5w %y cF 5��• fl, TW(' �Z� r-A,? Z OIN NU!•7}%]G�; �({ '3Z zaj ° J'�J OOOi P;;'OP�>•LT'•( OWhlc(L; (�IL1C T = L.f�J:J.� KUItCEN r r / r . i � r r �t'T Y'1 �I I Por�t7 11 � J j� LD LEV E� :69p,� M4X. DtPTH. 1 9 % =L1 boo. � �•' ,J 0 S Co 1 r Ll - Ea�rs�+' �o4ti - -! S•,i�lQ F am il T u r a + Prepssed P.-i CNa c.( vAe-) f N =I CJ 0 RD P656;--t7 • 0 �J POND AS-BUILT NORLEX TURF Andover, Minnesota 1 I f I I r r I wf �I 0 d.l of 0 z a j,J W J 0 I m z f In z = I ROW S_88 "E ! ! 1313.21 G GRAPHIC SCALE / I I zoo o o 100 200 400 I / 1 1 I \ ( / \ ( IN FEET) ! I s - zoo tt ! * *EXISTING P DING AND CONTOUR DUCH I INFORMATION PROVIDED BY OTHERS P PIP LlIy`�� 1 WATFR I I II�� L ag 1111 1 , , 1 MA w w i g 687' 1 \ I 1 ElC1ENT OF MON& POlD I I I ,- 11 II 1 1\ �� aD MM 0E Ir Sm SLOPE 4.1 yj I I I 1 1 1 1 1 1313. AS IXCAVAIED 'IIIF Nil! ENT OF PROP POND ;! N�II1 2 0 0 VFK LIIEMW SW 114 OF SW 114 OF SE'CMV 11, TONNSHP 3Z R 4012E PROPER7Y ONNM DICK & ELAINE NE A?AA )V P/N NUU®PR6 R11 32 24 33 0001 PLAT & MMM NUUEiER• 65911 6000 m aAEaaa as�io I how* artily Hint Mb p1m s pwpo by mr or under iW ab et ap rwrbD and 6d / m a d * LltinNd Pm— !lrriarMd £npiwr �aiaY• m Am of of IM�rnEa CMU G. ScHlUcHlw w w aye AVLEAM r to M L A / 4120 Regular Andover Planning and Zoning Commission Meeting Minutes —June 26, 2007 Page 4 PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT (06 -09) TO EXTEND MINING PERMIT FOR PROPERTY LOCATED AT 16689 HANSON BOULEVARD NW. Mr. Bednarz stated the applicant is requesting an extension of the mining permit that was initially issued in 1989. The permit was previously extended in 1991, 1996 and 2001. At this time the applicant is requesting that the permit be extended for two additional years. Mr. Bednarz discussed the staff report with the Commission. It was noted the applicant was not at the meeting. Chairperson Daninger asked if the applicant was notified that this would be on this evenings agenda. Mr. Bednarz indicated they were. Commissioner Kirchoff asked if anyone gets credit for the wetlands. Mr. Bednarz stated they could potentially be for the property owner. Commissioner Falk asked in the grading plan if the staff report is referring to the second pond. Mr. Bednarz indicated it was. He showed an aerial of the property. Commissioner Walton asked if with the additional traffic on Hanson Boulevard, did they have any transportation concerns in or out of this site. Mr. Bednarz explained it has not • been an issue in the past. He stated it is somewhat infrequent where they are taking material from the site. Commissioner Falk wondered by creating a bigger pond, how will it effect surrounding properties. Mr. Bednarz explained there are not many properties around. He showed the site map showing a few of the residents around the property. Motion by Falk, seconded by Kirkoff, to open the public hearing at 7:23 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Byron Westlund asked if there is an amendment to the plan will this need to go back to the Lower Rum River Watershed District for approval. Mr. Bednarz stated they would. Mr. James Selmer, 17000 Ward Lake Drive, asked if this is the black dirt being taken out to create a larger pond. Mr. Bednarz indicated that was correct. Mr. Selmer asked how big the pond will get. Chairperson Daninger explained there was a map showing the size of the pond. Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:25 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. n u Regular Andover Planning and Zoning Commission Meeting Minutes —June 26, 2007 Page 5 • Commissioner Falk wondered if they needed to add a clause regarding the applicant needing to get a permit from the Watershed District. Mr. Bednarz explained it is actually in item five. Chairperson Daninger stated he was here in 2001 when this was extended and he has some concerns with this. Right now the pond is already larger than what the permit says and they have already has extended the permit several times and he wondered when the mining activity will end. He stated he was going to vote against this because of those concerns. Commissioner Walton asked if the customary time for a CUP is one year and then it is reviewed to see if it will be approved or extended again. Mr. Bednarz explained that was not necessarily the case. The City determines how long a CUP can run and this one has been 5 years in the past. Commissioner Walton asked if there was a requirement for signage on Hanson Boulevard because he did not recall seeing truck delivery signs along Hanson Boulevard and traffic goes very fast north of 161 and he thought they were setting themselves up for a potential mishap in the future if this were allowed to continue. Commissioner Cleveland stated he drove along there today and there were not any signs up. Mr. Bednarz indicated signs are only required when they are hauling. Commissioner Walton wondered if they • could get signs posted permanently for while the mining is allowed on the parcel. Commissioner Kirchoff did not think that would be wise because after time people do not see permanent signs and may be more of a hazard. Commissioner Walton thought that was a good point. Mr. Bednarz indicated they can make sure signs are posted while they are hauling. Commissioner Walton wondered if they could amend the resolution, if approved, to one year instead of two. Mr. Bednarz indicated they could. Commissioner Holthus wondered if the CUP extension is not granted what happens to the size of the ponds. Mr. Bednarz stated if the permit is denied, they will be asking the applicant to restore the property to the previously approved grading plan. Commissioner Holthus wondered how that was enforced. Mr. Bednarz explained the course of action they will take. Commissioner Cleveland wondered if the shape of the pond has to do with where the black dirt is located because it does not look like the grading plan. Mr. Bednarz tended to agree that the aerial photograph did not look like the grading plan submitted and there would need to be some modification in the area to meet the proposed plan. Commissioner Kirchoff asked how much over they exceeded their mining of the area. Mr. Bednarz stated it was difficult to put a number on it but he guessed the second pond was twice the size of the previously approved grading plan. Regular Andover Planning and Zoning Commission Meeting Minutes —June 26, 2007 Page 6 Commissioner Walton wondered if they could table this item until they would be able to get the applicant before them. The Commission indicated they did not have a problem with tabling this. Motion by Walton, seconded by Casey, to table this item until July 10, 2007 to allow the applicant to be present for questions. Chairperson Daninger indicated he would like the applicant to be ready with answers to their questions brought up at this meeting. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz indicated this item will be brought back to the July 10, 2007 meeting. PUBLIC HEARING: REZONING (07 -01) TO CHANGE THE ZONING DESIGNATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R -I) TO SINGLE FAMILY URBANRESIDENT1AL (R-4) FOR 0UTLOTSA. B AND C OF WOODLAND ESTATES SECOND ADDITION. • Mr. Bednarz explained the Planning Commission is asked to review the proposed • rezoning to allow the Woodland Estates 3` Addition to move forward. Mr. Bednarz discussed the staff report with the Commission. Commissioner Falk asked in the future, if this development expands will there be emergency access through Veterans Memorial. Mr. Bednarz indicated the street would connect if the development were expanded in the future. Motion by Casey, seconded by Walton, to open the public hearing at 7:42 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Ms. Carol McCormick, 15172 Uplander Street NW, stated having seen the development in the community, she was noticing a variance in what the allowances were for where houses would be placed on lots once developed fully. She wondered how far back from the street a house must be placed. Mr. Bednarz stated the setback from the property line minimum is thirty-five feet and additionally there is a boulevard area from the property line to the curb that is typically about 13 'h feet. Ms. McCormick asked if the cul -de -sac will be placed past the last set of homes. Mr. Bednarz indicated that was correct. Ms. McCormick asked when the developer is authorized to develop the land and get it ready for construction. Mr. Bednarz indicated after the preliminary plat is approved the • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT DATE: Planning and Zoning Commissioners Chris Vrchota, Associate PlannerJ Work Session: Animal Control Ordinance July 24, 2007 INTRODUCTION Based on input from a resident, the City Council has directed the Planning Commission to consider whether or not changes are needed to the City's Animal Control code. The City Council would like the Planning Commission to consider whether changes or clarifications are needed to address the following issues: • Nuisance Dogs /Barking • Potentially Dangerous Dogs • Restraint • Basic Care DISCUSSION In checking with our law enforcement staff, they feel there that Andover's Animal Control Code is better than the other cities that they work for. However, the City Council thought that the issues stated above might need to be clarified or addressed with stronger language. Nuisance DogsBarking Excessive /constant barking is covered in section 5 -1A -1 of the City Code, under the definition of "Nuisance ". It has been suggested that this section does not adequately define a nuisance dog or nuisance barking, and that additional language might be necessary. The City of Plainview (code attached) has a more refined definition of what constitutes a habitually barking dog: "Habitual barking shall be defined as barking for repeated intervals of at least five minutes with less than one minute of interruption" Potentially Dangerous Dogs Potentially dangerous dogs are also defined in 5 -1A -1. While it is fairly detailed, the word "unprovoked" is undefined, which could lead to it being interpreted differently by different readers. The City of Plainview Code (attached) includes a definition of "unprovoked ", which could fin clarify this section. Restraint The question has been raised of whether or not invisible fencing constitutes a suitable restraint for a dog when no other restraint (leash, physical fence, etc...) is present. The definition of "Restraint" is also in City Code 5-lA -1. Up to this point, staff and the Anoka County Sheriffs Department have interpreted this definition to include invisible fencing as a permissible method of restraint. That interpretation has been called into question. A more specific definition might be needed to clarify what constitutes "restraint ". The City of Lakeville Code (attached) has a very good definition of "restraint ", that may be worth considering as language that could be amended into our City Code. Under this definition, invisible fencing would be permissible. Basic Care It was also suggested that a section on `Basic Care" found in the Plainview Code be adopted. Upon review of Andover's Animal Control Code, staff feels that this issue is addressed satisfactorily by section 5-lA -9: Improper Care and Treatment Prohibited. This section could potentially be renamed "Required Basic Care and Prohibited Treatment" or something similar to further clarify what is included in the section. Attachments City Code 5 -IA: Animal Control: Dogs and Cats Exhibit A- City of Plainview Code- Nuisance Dogs/Barking Exhibit B- City of Lakeville Code- Definition of "Unprovoked" Exhibit C- City of Lakeville Code- Restraint Exhibit D- City of Plainview Code- Basic Care 05.22.07 City Council Workshop Minutes 06.26.07 City Council Workshop Minutes ACTION REQUESTED The Planning Commission is requested to read over the available information and determine if there • is a need to modify the Animal Control Code. Respe l / Submitted, Chns Vrchota 0 Z ^f4oJer" CHAPTERI ANIMAL CONTROL ARTICLE A. DOGS AND CATS is SECTION: 5 -1A -1: Definitions 5 -1A -2: Dog Licensing Requirements; Exemptions 5 -1 A -3: Number Of Dogs And Cats Restricted 5 -1A-4: Violations 5 -1A -5: Control Of Animal; Excrement Removal Required 5 -1A -6: Obligation To Prevent Nuisances 5 -1A -7: Impoundment And Redemption Provisions 5 -1A-8: Permissible Return Of Unrestrained Dogs And Cats 5 -1A -9: Improper Care And Treatment Prohibited 5- 1A -10: Muzzling Proclamation 5- 1A -11: Dangerous And Potentially Dangerous Dogs And Cats 5- 1A -12: Summary Destruction Of Certain Dogs 5- 1A -13: Dog Kennels 5- 1A -14: Dog Enclosures 5 -1 A -15: Enforcement Officials 5 -1 A -16: Citations 5- 1A -17: Abatement Of Nuisance Conditions 5- 1A -18: Violation; Penalty 5 -1A -1: DEFINITIONS: ANIMAL SHELTER: Any premises designated by the City Council for the purpose of impounding and caring for the dogs and cats held under the authority of this article. BITING DOG: Any dog which, without being provoked, has bitten, scratched, or caused other injury or threatens such injury to a person or another domestic animal, under circumstances where, at the time of the threat of attack, the person or domestic animal was lawfully on the premises upon which the victim was legally entitled to be, or the victim was on the premises owned or controlled by the owner of the dog, at the express or implied invitation of the owner. DANGEROUS DOG /CAT: Any dog /cat that has: A. Without provocation, inflicted substantial bodily harm on a human being on public or private property; or B. Without provocation, killed or inflicted substantial bodily harm on a domestic animal while off the owner's property; or C. Been found potentially dangerous, and after the owner has been notified that the dog /cat is potentially dangerous, the dog /cat aggressively bites, attacks, or endangers the safety of humans or domestic animals. DOG ENCLOSURE: An enclosure (of sufficient size) constructed for shutting in or enclosing dogs. The enclosure shall be surrounded and covered with fencing material of at least six feet (6) in height and of sufficient gauge to ensure the dog's confinement. A cement pad of four inches (4 ") in thickness shall be present that covers the inside and perimeter of the enclosure. C� KENNEL Any place where a person accepts dogs from the COMMERCIAL': general public and where such animals are kept for the purpose of selling, boarding, breeding, training, or grooming, except for a veterinary clinic. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein 2 KENNEL; PRIVATE': A place where more than three (3) dogs over six (6) months of age are kept for private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which they are kept. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein °. See also section 12 -2 -2 of this code, definition of "dog kennel, commercial ". 2 See title 12, chapter 7 of this code for fence requirements and restrictions. 3 See also section 12 -2 -2 of this code, definition of "dog kennel, private" 4 See title 12, chapter 7 of this code for fence requirements and restrictions. 9 0 NUISANCE: It shall be considered a nuisance for any animal: A. To bite, attack or endanger the safety of humans or domestic animals; B. To run at large; to habitually or frequently bark or cry; C. To frequent school grounds, parks, or public beaches while unrestrained; D. To chase vehicles; to molest or annoy any person if such person is not on the property of the owner or custodian of the animal; E. To molest, defile, destroy any property, public or private; or F. To leave excrement on any property, public or private. • OFFICER: Any law enforcement officer of the city and persons designated by the city to assist in the enforcement of this article. OWNER: Any person, firm, partnership or corporation owning, harboring, or keeping dogs or cats. POTENTIALLY DANGEROUS DOG /CAT: Any dog /cat that: A. When unprovoked inflicts bites on a human or domestic animal on public or private property; B. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog /cat owner's property, in an apparent attitude of attack; or C. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. 0 J RESTRAINT: A dog or cat shall be deemed to be under restraint if it is on the premises of its owner or if accompanied by an individual and under that individual's effective control. (Amended Ord. 233, 11-4 -1997; amd. 2003 Code) 5 -1A -2: DOG LICENSING REQUIREMENTS; EXEMPTIONS: A. License Required: No person shall own, keep, harbor or have custody of any dog over six (6) months of age without first obtaining a license from the City Clerk. No license shall be issued to any person other than the owner except upon the written request of owner. B. Application For License: Applications for license shall be made on forms prescribed by the City Clerk, which form shall set forth the following: 1. The name, address and telephone number of the owner; 2. The name and address of the person making the application, if other than the owner; and 3. The breed, sex, and age of the dog for which a license is sought. C. Rabies Vaccination Required: Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies to cover the licensing period. No license shall be granted for a dog that has not been vaccinated against rabies for a time sufficient to cover the licensing period. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. (Amended Ord. 233,11-4-1997) D. License Fee; Expiration Of License: The license fee shall be in such amount as set forth by ordinance' and shall expire in accordance with the date shown on the license receipt. (Amended Ord. 233, 11-4 -1997; amd. 2003 Code) E. Nonresidents Exempt: This section shall not apply to nonresidents of the city; provided, that dogs of such owners shall not be kept in the city longer than thirty (30) days without a license and shall be kept under restraint. (Amended Ord. 233,11-4-1997) See subsection 1 -7 -3A of this code. • I • 5 -1A -3: NUMBER OF DOGS AND CATS RESTRICTED: No person, firm or corporation shall harbor more than three (3) dogs over the age of six (6) months in any one - family residence unit or place of business except pursuant to Section 5 -1 A -13 of this article, and no person, firm or corporation shall harbor more than three (3) cats over the age of six (6) months in any one - family residence unit or place of business that is located on a parcel of land three (3) acres or less. (Amended Ord. 233, 11-4 -1997) 5 -1A-4: VIOLATIONS: A. Nuisance Dogs And Cats: No dog /cat shall be permitted to be a nuisance within the limits of the city. Any person who owns, keeps, harbors or is in physical control of a dog /cat that is a nuisance shall be in violation of this article. (Amended Ord. 233,11-4-1997) B. Revoked Licenses: Any person who owns, keeps or harbors or is in physical custody of any dog within the city, for any period of time, which dog has had its license revoked, shall be in violation of this article. (Amended Ord. 233,11-4-1997; amd. 2003 Code) • 5 -1A -5: CONTROL OF ANIMAL; EXCREMENT REMOVAL REQUIRED: A. Control Required: 1. The restriction imposed by Section 5-1A-4 of this article shall not prohibit the appearance of any dog or cat upon streets or public property when such dog or cat is on a leash and accompanied by an individual or accompanied by and under the control and direction of an individual so as to be as effectively restrained by command as by leash. 2. Dogs or cats that are on or directly adjacent to all athletic fields must be leashed. B. Removal Of Excrement: Owners are required to clean up and dispose of their pet's excrement. (Amended Ord. 233, 11-4- 1997; amd. 2003 Code) 5 -1A-6: OBLIGATION TO PREVENT NUISANCES: It shall be the obligation and responsibility of the owner or custodian of any animal in the city, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance. Failure on the part of the owner 7 or custodian to prevent his or her animals from committing an act of nuisance • shall be subject to the penalty herein provided. (Amended Ord. 233, 11-4 -1997) 5 -1A -7: IMPOUNDMENT AND REDEMPTION PROVISIONS: A. Impoundment Of Dogs And Cats: 1. Unrestrained Dogs And Cats: Unrestrained dogs and cats may be taken by any "officer" as hereinbefore defined and impounded in an animal shelter and there confined in a humane manner. Impounded dogs and cats shall be kept for not less than five (5) regular business days unless reclaimed prior to that time by their owner as provided hereafter. 2. Dangerous Dogs And Cats: a. Whenever any owner of a dog /cat shall learn that such dog /cat has bitten, attacked, or threatened any other human being or domestic animal, such owner shall immediately impound said dog /cat in a place of confinement where it cannot escape or have access to any other human being or animal, and it shall also immediately notify any peace officer, dog /cat catcher, or other person authorized by the City Council. Whenever such authorized person, peace officer or dog /cat catcher shall learn that any human being has been bitten by any dog /cat within the city, he /she shall ascertain the identity of such dog /cat and the persons who might meet the definition of owner as found elsewhere in this article, and shall immediately direct such person to forthwith impound such dog /cat as required herein. If in the opinion of such peace officer, dog /cat catcher, or other authorized person, the owner of such a dog /cat cannot or will not so impound the dog /cat, such peace officer, dog /cat catcher, or other authorized person shall transport such dog /cat to the pound under contract to the city. Any dog /cat so impounded shall be kept continuously confined for a period of fourteen (14) days from the day the dog /cat bit a human being. The cost of such impounding and confinement shall be borne by the owner of the dog /cat, if such owner can be found, which costs shall be as stated for impounding and confinement elsewhere in this article. b. Upon learning that a dog /cat has bitten a human being, the peace officer, dog /cat catcher, or other authorized person shall immediately notify the City Health Officer and inform him /her of the place where the dog /cat is impounded. It shall be the duty of the City Health Officer to inspect said dog /cat from time to time during its period of fourteen (14) days' confinement, and to determine whether or not such dog /cat may be infected with rabies. For this purpose, he /she shall have access to the premises where such dog /cat is kept at all reasonable hours, and may take possession of the dog /cat and confine it at such r • place as he /she deems appropriate at the expense of the owner. c. If an owner has impounded a dog /cat pursuant to the request of a peace officer, dog /cat catcher, or other authorized person, the owner shall promptly transport said dog /cat to the pound under contract to the city for the purposes stated above. If the owner refuses to do so, and refuses to allow a peace officer, dog /cat catcher or other authorized person to transport the dog /cat to the contract pound, the owner shall be in violation of this article. B. Notice Of Impoundment: 1. Posted Notice: Upon taking up and impounding any dog or cat, the animal control officer shall, within one day thereafter, have posted in the City Hall a notice of impounding in substantially the following form: NOTICE OF IMPOUNDING DOG /CAT.' Date 1 20 . To whom it may concern: We have this day taken up and impounded in the pound of the city at • a dog/cat answering the following description: sex color breed approximate age name of owner (if known) Notice is hereby given that unless said dog /cat is claimed and redeemed on or before o'clock_ .M., on the day of 20_, the same will be sold or humanely destroyed as provided by ordinance. Signed. Animal control officer /city official 2. Written Notice: If the owner of said dog or cat be known, written notice of impounding, in lieu of posted notice, shall be given to the owner thereof either by mail or personal service. 3. Effect Of Notices: The date of sale or humane destruction of the dog or cat shall be the sixth day after posting of the notice or giving notice unless the animal shelter at which the dog or cat is impounded is closed to the public, in which case, it shall be the following day. (Amended Ord. 233, 11-4 -1997) i C. Redemption Of Impounded Dogs And Cats: Any dog or cat may be • reclaimed from the animal shelter by its owner within the time specified in the notice by the payment to the City Clerk or his /her designate of the license fee (if not paid for the current period) with an impounding fee as set by contract with the city's animal control officer. Notwithstanding this subsection, the owner shall remain subject to all penalties contained in this article. (Amended Ord. 233,11-4-1997; amd. 2003 Code) D. Disposition Of Unclaimed Dogs And Cats: 1. Sale: Any dog or cat which is not claimed as provided in Subsection B of this section, within five (5) days, after posting of the impoundment notice, may be sold for not less than the expenses incurred for impoundment, if not requested by a licensed educational or scientific institution under Minnesota state law. All sums received from the sale of dogs or cats under this subsection shall be deposited into the general fund of the city. 2. Destruction: Any dog or cat which is not claimed by the owner or sold or transferred to a licensed educational or scientific institution shall be painlessly and humanely destroyed and buried by the animal control officer. (Amended Ord. 233, 11-4 -1997) 5 -1A -8: PERMISSIBLE RETURN OF UNRESTRAINED DOGS AND CATS: Notwithstanding the provisions of Subsection 5 -1 A -7A of this article, if an animal is found unrestrained and its owner can be identified and located, such animal need not be impounded but may, instead, be taken to the owner. In such cases, however, proceedings may be taken against the owner for violation of this article. (Amended Ord. 233, 11-4- 1997) 5 -1A -9: IMPROPER CARE AND TREATMENT PROHIBITED: A. No owner shall fail to provide any animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. B. No person shall beat, treat cruelly, torment or otherwise abuse any animal, or cause or permit any dog or cat fight. No owner of a dog or cat shall abandon such animal. (Amended Ord. 233,11-4-1997) 5- 1A -10: MUZZLING PROCLAMATION: Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a dog to muzzle it securely so that it cannot bite. No person shall violate such • y • proclamation, and any unmuzzled dog unrestrained during the time fixed in the proclamation shall be subject to impoundment as heretofore provided, and the owner of such dog shall be subject to the penalty hereinafter provided. (Amended Ord. 233, 11-4 -1997) 5- 1A -11: DANGEROUS AND POTENTIALLY DANGEROUS DOGS AND CATS: A. Dangerous Dogs And Cats: In the event that a complaint is received which, in the judgment of the City Clerk, occurred under circumstances which would justify the classification of the dog /cat as a dangerous dog /cat under this article, the City Clerk shall place the issue on the next available agenda of the City Council and shall notify the owner of the dog /cat, in writing, of the time and place of the Council meeting at which the matter shall be heard. The notice shall inform the owner that a request has been made to classify the dog /cat as a dangerous dog /cat and the City Council shall hear such facts as any interested parties may wish to present, and shall, by resolution, determine whether or not to classify the dog /cat as a dangerous dog /cat. Such a determination shall be made upon the basis of whether or not the criteria as found in Section 5-1A-1 of this article, definition of the term "dangerous dog /cat ", have been met. No variances shall be permitted from the strict terms of said definition. In the event a dog /cat is classified as a dangerous dog /cat, the following shall apply: 1. The owner of the dogicat shall be notified in writing and by certified mail or personal service, that the dog /cat has been classified as a dangerous dog /cat and shall be furnished with a copy of the resolution. 2. If the dog /cat was impounded and photographs or other identifying characteristics obtained, such photographs or other identifying materials shall be placed in a permanent file indexed under the owner's name. If the dog /cat is not impounded, the owner shall be notified that the dog /cat license shall be revoked unless, within ten (10) days after receipt of the notice, the owner furnishes to the city suitable photographs or other identifying materials of the dog /cat, or makes the dog /cat available for the taking of photographs by city staff for insertion in the permanent files. 3. The City Clerk shall maintain a permanent file of all dogs /cats classified as dangerous dogs /cats indexed under the owner's name. 4. No person may own a dangerous dog /cat in the city unless the owner complies with this section. Compliance with the registration requirement of Minnesota Statutes Section 347.51 shall constitute compliance with this article. The owner of the dangerous dog /cat must present sufficient evidence that: • a. A proper enclosure exists for the dangerous dog /cat and a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children that there is a dangerous dog /cat on the property; and b. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable by the city in the sum of at least fifty thousand dollars ($50,000.00) payable to any person injured by the dangerous dog /cat, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least fifty thousand dollars ($50,000.00), insuring the owner of any personal injuries inflicted by the dangerous dog /cat. The requirements for the warning sign or warning symbol shall be those as set forth in Minnesota Statutes Section 347.51. (Amended Ord. 233, 11-4- 1997) c. The owner of a dangerous dog /cat shall keep the dangerous dog /cat, while on the owner's property, in a proper enclosure. If the dog /cat is outside the proper enclosure, the dog /cat must be muzzled and restrained by a substantial chain or leash and under the physical restraint of an individual. The muzzle must be made in a manner that will prevent the dog /cat from biting any person or • animal but that will not cause injury to the dog /cat or interfere with its vision or respiration. d. The animal control authority for the city shall immediately seize any dangerous dog /cat if: 1) after fourteen (14) days after the owner has been notified that the dog /cat has been declared a dangerous dog /cat, the dog /cat is not validly registered as set forth herein; 2) after fourteen (14) days after the owner has been notified that the dog /cat has been declared a dangerous dog /cat, the owner does not secure the proper liability insurance or surety coverage as applied by this article; 3) the dog /cat is not maintained in the proper enclosure; or 4) the dog /cat is outside the proper enclosure and not under physical restraint of an individual. (Amended Ord. 233, 11-4- 1997; amd. 2003 Code) 5. The following are exceptions to the dangerous dog /cat classification: a. The provisions of this section do not apply to dangerous dogs /cats used by law enforcement officials for official work. b. Dogs /cats may not be declared dangerous if the threat, injury, or damage was sustained by a person: 1) who was committing a willful trespass or other tort upon the premises occupied by the • �Z- • owner of the dog /cat; 2) who was provoking, tormenting, abusing or assaulting the dog /cat or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog /cat; or 3) who was committing or attempting to commit a crime. 6. Nothing in this chapter, nor the enactment of any other procedures herein enumerated, shall be deemed to limit, alter, or impair the right of the city or any person to seek enforcement through criminal prosecution of any violation of this article, and the fact the city may be pursuing classification of a dog/cat under this article shall prevent or prohibit the prosecution at the same time of an owner of a dog /cat for violation of this chapter under facts arising from the same occurrence as that which generated classification procedures. The classification procedures shall be in addition to, and not in place of, criminal prosecution under other portions of this chapter or other ordinances. (Amended Ord. 233, 11-4- 1997) B. Potentially Dangerous Dogs And Cats: In the event that a complaint is received which, in the judgment of the City Clerk, Sheriffs Deputy, animal control officer, or other duly authorized person, occurred under circumstances which would justify the classification of the dog /cat as potentially dangerous under this article, the City Clerk shall notify the owner of the dog /cat, in writing, that the dog /cat has been classified as potentially dangerous under this article. Said notice shall further inform the owner that should the dog /cat again aggressively bite, attack, or otherwise endanger the safety of humans or domestic animals, the city may declare the dog /cat to be a dangerous dog /cat and be subject to the restrictions thereon, including abatement. Said authorization shall forward a copy of the notice of potentially dangerous dog /cat to the City Clerk. (Amended Ord. 233,11-4-1997; amd. 2003 Code) 5- 1A -12: SUMMARY DESTRUCTION OF CERTAIN DOGS: Whenever an officer has reasonable cause to believe that a particular dog presents a clear and immediate danger to residents of the city because it is infected with rabies (hydrophobia) or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound such dog, may summarily destroy said dog. (Amended Ord. 233, 11-4 -1997) 5- 1A -13: DOG KENNELS: A. Licensing Requirements: 1. Licenses Required: No person, firm or corporation shall operate or maintain a commercial or private kennel without first securing a kennel license therefore from the City Council and meeting the criteria as set forth • 13 in this article and /or the zoning ordinance t 2. Applications For Licenses; Fees: a. Application for a kennel license shall be made on forms provided by the city. Such application shall contain the following information: (1) Location, on premises, of the kennel. (2) Location of structures for housing the dogs. If the dogs are to be kept primarily within the home or other building of the residence of the applicant or of any other person, the application shall so state. (3) The maximum number of dogs to be kept on the premises. (4) The location, size, and height of dog enclosures, if present. (5) The location and type of fencing (if present); fencing to be of such quality, design and height so that it will contain the dogs z . (6) Method to be used in keeping the premises in a sanitary condition. (7) Method to be used in keeping dogs quiet. • (8) An agreement by the applicant that the premises may be inspected by the city at all reasonable times. b. The City Council may impose additional requirements to be stated in the application or more restrictive requirements than those listed in Subsection Ala of this section to protect the health, safety, general welfare and morals of the general public. (Amended Ord. 233, 11-4 -1997) c. Application for such license shall be made to the City Clerk and shall be accompanied by a specified license fee that shall be as set in Subsection 1 -7 -3A of this code. 3. Approval Or Denial Of Licenses: The City Clerk shall refer private kennel license applications to the City Council and commercial kennel license applications to the Planning and Zoning Commission as set forth in the zoning ordinance. In both cases, the City Council may grant or deny the license. 4. Renewal Of Licenses: All kennel licenses shall be renewed annually. 1 See section 12 -15-6 of this code. 2 See title 12, chapter 7 of this code for fence regulations and restrictions. • • Application for such license renewal shall be made to the City Clerk and shall be accompanied by a specified license fee, which annual license fee shall be in such amount as set forth by ordinance'. The City Council shall review and approve all license renewal applications, provided no revocation of the license is made as specified in Subsection A6 of this section. 5. Requirements For Private /Commercial Kennel Licenses: A minimum of two and one -half (2.5) acres in a residentially zoned district is required for a private /commercial dog kennel license (provided that the adjacent lot sizes are predominately similar in size). A private /commercial dog kennel license shall not be issued unless a Conditional Use Permit has been granted by the City Council in accordance with the zoning ordinance. Amended Ord. 233,114-1997; amd. 2003 Code) 6. Revocation Of Licenses: Any kennel license may be revoked by the City Council by reason of any violation of this article or by reason of any other health or nuisance ordinance, order, law or regulation. a. Private Kennel License: Before revoking a private kennel license, the licensee shall be given notice of the meeting at which such . revocation is to be considered. Notice of the meeting shall be given in writing five (5) days prior to said meeting. The licensee, if present at said meeting, shall be given the opportunity to be heard. b. Commercial Kennel License: A commercial kennel license may be revoked by the City Council by the procedure established and defined in the zoning ordinance. B. Kennel Regulations: Kennels shall be kept in a clean and healthful condition at all times, and shall be open to inspection by any health officer, sanitarian, animal control officer, or the person charged with the enforcement of this article, or any health or sanitary regulation of the city, at all reasonable times. (Amended Ord. 233, 11-4 -1997) . ' See subsection 1 -7 -3A of this code. 15- • 5- 1A -14: DOG ENCLOSURES: A. Purpose: It is the purpose of this section to abate existing nuisances and to prevent nuisances created by site, odor, noise and sanitation due to construction and placement of dog enclosures on private property. B. Screening: Dog enclosures must be screened from view of adjacent properly. C. Location: A dog enclosure shall not be placed closer than forty feet (40') from an adjacent residential dwelling or principal structure and at least ten feet (10') from side and rear lot lines. No dog enclosure shall be placed in the front yard in all residential districts; and in the R-4 single - family urban district, no dog enclosure shall be placed in the side yard. D. Sanitation Requirements: No person shall permit feces, urine, or food scraps to remain in an enclosure for a period that is longer than reasonable and consistent with health and sanitation and the prevention of odor. E. Applicability And Effect Of Provisions: This section shall be applicable to all dog enclosures constructed after July 18, 1995. Any preexisting dog • enclosure for which the city receives a complaint that it is not kept in a clean and sanitary condition or is a nuisance to an adjacent property owner shall be required to comply with this section by a notice of compliance being given by the City Administrator or his/her duly authorized agent. Failure to comply with such notice within thirty (30) days of issuance shall be a violation of this article. (Amended Ord. 233, 11-4- 1997) 5- 1A -15: ENFORCEMENT OFFICIALS: The City Council may from time to time appoint such persons as may be necessary to assist the police officers of the city in the enforcement of this article. Such persons shall have police powers insofar as is necessary to enforce this article, and no person shall interfere with, hinder, or molest them in the exercise of such powers. (Amended Ord. 233, 11-4- 1997) 5- 1A -16: CITATIONS: The animal control officer, or his /her designee, shall be authorized to issue citations for violations of this article. (Amended Ord. 233, 11-4 -1997) 5- 1A -17: ABATEMENT OF NUISANCE CONDITIONS: A. Nuisances Subject To Abatement: The following are declared nuisances subject to immediate abatement by resolution of the IL • City Council: 1. Any dog /cat that has, without provocation, inflicted "substantial bodily harm" as defined by Minnesota Statutes Section 609.02, Subdivision 7a, on any person; or 2. Any dog /cat that has engaged in conduct resulting in three (3) or more established violations of this article for nuisance. An "established violation" is any violation for nuisance declared as "established" by the City Council, or which results in a conviction in a court of competent jurisdiction; or 3. Any established violation of this article for nuisance preceded by a declaration by the City Council, based upon a prior incident, that the dog /cat is a "dangerous dog /cat' as defined by this article. B. Placement On Council Agenda; Notice Requirements: Upon determination by the City Clerk of the existence of a nuisance subject to abatement as set forth above, the City Clerk shall place the matter on the agenda for the next regular meeting of the City Council for public hearing and abatement consideration. Notice of the hearing and a copy of this article shall be provided to the owners of the dogs /cats by regular mail not later than seven (7) days prior to the hearing. The City Clerk may also • notify other concerned or interested parties. C. Hearing For Abatement: Upon application and notice set forth above, a public hearing shall be held before the City Council. The owners shall have the opportunity to be heard and present relevant witnesses and evidence. The City Council may also accept relevant testimony or evidence from other interested persons. D. Decisions By City Council: The City Council may, in its discretion, approve or disapprove the application for abatement. If approved, the City Council may order any of the following: 1. The dog /cat be forthwith confiscated and destroyed in a proper and humane manner, and the costs incurred in confiscating, confining and destroying the animal paid by the owner. Any costs unpaid after thirty -(30) days of the order shall be assessed against the owner's property. (Amended Ord. 233,11-4-1997) 2. The dog /cat shall be removed permanently from the city limits within forty-eight (48) hours of notice of the order. The dog license shall be permanently revoked. 3. Should the owner fail to comply with the order to abate, the city, in addition to any other legal remedy, shall have the civil remedy of injunctive Is R relief and may apply to a court of competent jurisdiction for an order • compelling compliance with the abatement order. (Amended Ord. 233, 11- 4 -1997; amd. 2003 Code) 5- 1A -18: VIOLATION; PENALTY: Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. (Amended Ord. 233, 11-4- 1997) • E �ch,bt,1- ?laMoto confined in the city pound for a period of not less than ten days, at the expense of the owner. The animal may be released at the end of the time if . healthy and free from symptoms of rabies, and by the payment of all costs by the owner. However, if the owner of the animal shall elect immediately upon receipt of notice of need for the confinement by the officer to voluntarily and immediately confine the animal for the required period of time in a veterinary hospital of the owner's choosing, not outside of the county in which this city is located, and provide immediate proof of confinement in the manner as may be required, the owner may do so. If, however, the animal has been inoculated with a live modified rabies vaccine and the owner has proof of the vaccination by a certificate from a licensed veterinarian, the owner may confine the dog or other animal to the owner's property. 503.5.3 Reclaiming. All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regular business days, unless the animal is a dangerous animal, in which case it shall be kept for seven regular business days, and except if the animal is a cruelly- treated animal in which case it shall be kept for ten regular business days, unless sooner reclaimed by their owners or keepers as provided by this section. In case the owner or keeper shall desire to reclaim the animal from the pound,'the following shall be required, unless otherwise provided for in this code or established from time to time by resolution of the City Council: A Payment of the release fee and receipt of a release permit as established by the City Council B Payment of maintenance costs, as provided by the pound, per day or any part of day while animal is in the pound; and C If a dog is unlicensed, payment of a regular license fee and valid certificate of vaccination for rabies and distemper shots is required. 503.5.4 Unclaimed animals. If an animal has not been reclaimed within the time allotted in accordance with the provisions of this section, the officer appointed to enforce this section may let any person claim the animal by complying with all provisions in this section, or the officer may sell the animal to the University of Minnesota, or cause the animal to be destroyed in a proper and humane manner and shall properly dispose of the remains thereof. Any money collected under this section shall be payable to the City Clerk. 503.6 Nuisances 503.6.1 Habitual barking. It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries. Habitual barking shall be defined as barking for repeated intervals of at least five minutes with less than one minute of interruption. The barking must also be audible off of the owner's or caretaker's premises. 503.6.2 Damage to property. It shall be unlawful for any person's dog or other animal to damage any lawn, garden, or other property, whether or not the owner has knowledge of the damage. 503.6.3 Cleaning up litter. The owner of any anima or person having the custody or control of any anim shall be responsible for cleaning up any feces of the anima and disposing of the feces in a sanitary manner whether on their own property, on the property of others or on public property. 503.6.4 Entering Premises. An Animal Control officer or Police Officer may enter a property of the owner of an animal described in this section if it is deemed necessary to search for and seize the anima 503.6.5 Other. Any animals kept contrary to this section are subject to impoun 503.7 Seizure of Animals. Any police officer or Animal Control Officer or Police Officer may enter upon private property and seize any animal with or without the permission of the owner of the property, if that person is also • the owner of the animal, provided that the following exist: A There is an identified complainant other than the police officer or Animal Control Officer or Police Officer making a contemporaneous complaint about the anima B The officer reasonably believes that the animal meets either the barking dog criteria or the criteria for an at large animal. C The officer can demonstrate that there has been at least one previous complaint of a barking dog; inhumane treatment of the animal; or that the 11 E 0 0ri l l hit 6-LA6VI k POTENTT -kLLY DANGEROUS AN::JILkL. An animal which has: A Bitten a human or a domestic animal on public or pr 3 when unprovoked, chased or approached a person upon sidewalks, or any public property in an apparent attitude C Has engaged in unprovoked attacks causing injury or the safety of humans or domestic animals. Lvate property; the streets, • of attack; or otherwise threatening PROPER ENCLOSURE. A structure with securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications: A Have a minimum overall floor size of 32 square feet. B Sidewalls shall have a minimum height of five feet and be constructed of 11 gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts shall be 13 -inch or larger steel pipe buried in the ground 18 inches or more. when a concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches in the ground. C A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two inches. D An entrance /exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. • '(UNPROVOKED. The condition in which the animal is not purposely excited, L stimulated, agitated or disturbed. 503.10.4 Designation as potentially dangerous animal. The Animal Control Officer or Police Officer shall designate any animal as a potentially dangerous animal upon receiving evidence that the potentially dangerous animal has, when unprovoked, bitten, attacked, or seriously threatened the safety of a person or a domestic animal. When an anima is declared potentially dangerous, the Animal Control Officer or Police Officer shall cause one owner of the potentially dangerous animal to be notified in writing that the animal is potentially dangerous. 503.10.5 Evidence justifying designation. The Animal Control Officer or Police Officer shall have the authority to designate any animal as a dangerous anima upon receiving evidence of the following: A That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal B That the anima has been declared potentially dangerous and the animal has then bitten, attacked, or seriously threatened the safety of a person or domestic animal. 503.10.6 Authority to order destruction: The Animal Control Officer, upon finding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the anima be destroyed based on a written order containing one or more of the following findings of fact: A The anima is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or B The owner of the anima has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other anima 503.10.7 Procedure. The Animal Control Officer, after having determined • that an animal is dangerous, may proceed in the following manner: the Animal Control Officer or Police Officer shall cause one owner of the animal to be notified in writing or in person that the animal is dangerous and may order the anima seized or make orders as deemed proper. This owner shall be notified as to dates, times, places and parties bitten, and shall be given 14 days to appeal this order by requesting a hearing before the City Council 10 Z: 44 �)Of-- C. - LA rev, Ire ?OTENT =kLLY D_MGEROUS DOG: Any dog treat: n When unprovoked, inflicts bites on a human or domestic animal on nublic or private property; B. when unprovoked, chases or approaches a person, including a person upon a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or C. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. QUARANTINE: Isolating an animal to prevent the spread of a contagious disease. ( Fly TRASNT: A dog is under restraint if: a) controlled by a leash not eeding twenty five feet (25') in length; a retractable leash, when extended, cannot exceed twenty five feet (25') in length; or b) n a vehicle; or c) within a secure fence or building, or if I tethered to a leash not exceeding twenty five feet (25') in length that is secured to a stake or other immobile object; or d) under voice control on private property, or within the limits of a designated dog exercise and training area; or e) controlled by an electronic training collar; or f) the dog has passed the canine good citizen test certification program or its approved equiv VICIOUS DOG: Any dog which has a propensity or tendency towards acts which might endanger the safety of persons or property. This definition is not limited to biting dogs, but includes those dogs which have a natural fierceness or disposition to mischief. VOICE CONTROL: A dog is under voice control when it is accompanied by a competent person, who is the dog's handler and is responsible for the dog's behavior, and is immediately obedient to that person's command issued by vocal utterance or other means of signaling. (Ord. 133, sec. 1, 1 -2 -1979; amd. Ord. 406, sec. 1, 3- 19 -199D; Ord. 406, sec. 2, 3 -19 -1990; Ord. 442, sec. 1, B -5 -1991; Ord. 450, sec. 1, 1D -7 -1991; Ord. 559, sec. 1, 9 -16 -1995; Ord. 633, sec. 1, 7 -20 -1996; Ord. 6B0, secs. 1, 2, 11 -2D -2000, eff. 6 -1 -2001; Ord. 721, sec. 1, 10 -7 -2002) Dear Members: The City of Andover has recently had an issue that involves reviewing or updating our "Animal Control Ordinance'. The Council wanted us to research what other cities may have related to a detailed well written ordinande that gives the City the control it needs over vicious or nuisance dogs. Does anyone out there have a good ordinance that we should look at that may give us more detailed descriptions of what constitutes a dangerous or vicious dog? • please direct all responses to me at: wneumeister %ci.andovsr.mn.us Thanks! ZI 503.11.2 Seizure. As authorized by M.S. 347.54, as it may be amended from time to time, the Animal Control Officer or Police Officer shall immediately s=eize any dangerous animal if the owner does not meet each of the above requirements within 14 days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to district court by serving a summons and petition upon the city and filing it with the district court. 503.11.3 Reclaiming anima A dangerous animal seized may be reclaimed by the owner of the animal upon payment of impounding and boarding fees and presenting proof to animal control that each of the requirements under 503.11.1 is fulfilled. An animal not reclaimed under this section within 14 days may be disposed of as provided, and the owner is liable to the city for costs incurred in confining and impounding the animal. 503.11.4 Subsequent offenses. If an owner of an animal has subsequently violated the provisions with the same animal, the animal must be seized by animal control. The owner may request a hearing. If the owner is found to have violated the provisions for which the anima was seized, the Animal Control Officer or Police Officer shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the anima If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the anima under the provisions of 503.11.3 If the anima is not yet reclaimed by the owner within 14 days after the date the owner is notified that the anima may be reclaimed, the animal may be disposed of and the owner is liable to the animal control for the costs incurred i confi ning, impounding and disposing of the animal. 12 Basic Care. All animals s, kind treatment, housing in the winter, their comfort. Any person not treating - aub'lect to the pena nroyi dPd in rrl�receive from their owners or keepers and sufficient food and water for their pet in a humane manner will be is section. — 503.13 Breeding Moratorium. Every female dog or female cat in heat shall be confined in a building or other enclosure in a manner that it cannot come in contact with another dog or cat except for planned breeding. Upon capture and failure to reclaim the animal, every dog or cat shall be neutered or spayed prior to being transferred to a new owner. 503.14 Enforcing Officer. The Council is hereby authorized to appoint an animal control officer(s) to enforce the provisions of this section. In the officer's duty of enforcing the provisions of this section, he or she may from time to time, with the consent of the City Council, designate assistants. 50.15 Pound. Every year the Council shall designate an official pound to which anima found in violation of this chapter shall be taken for safe treatment, and if necessary, for destruction. 503.16 Interference with Of No person shall in any manner molest, hinder, or interfere with any person authorized by the City Council to capture dogs, cats or other anima and convey them to the pound while engaged in that operation. Nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt to take from any agent any animal taken up by him or her in compliance with this chapter, or in any other manner to interfere with or hinder the officer in the discharge of his or her duties under this chapter. 503.17 Multiple Pets. In order to own three or more of any one species, a multiple pet permit is required. In addition to the Multiple Pet Permit, the owner must obtain a regular license for each area as required by other City Code Provisions. Applications for Multiple Pet Permits shall be processed and approved through the City Clerk. 503.17.1 Issuance Of Multiple Pet Permits. An annual Multiple Pet Permit shall be issued at a fee as determined by the City Council pursuant to resolution. Permits shall be pro -rated monthly. If an owner acquires a new pet, which would require obtaining a Permit, then the owner will only be charged for the number of months remaining in the year including the month Z� L J 0 0 Regular Andover City Council Warlahop Meeting Minutes —May 22, 2007 Page 5 are going to dredge the ar--...k but the City cannot male them meet requirements but the Federal Gov can require that Mr. H eilin g, wondered if he will get for doing maint.-aance on the eas.°ment on his property. Mayor Gamache indicated he would no Mr. Berkowitz indicated they have a two -year warranty on all of their pro,)ects. ` ANLVAL CONTROL ORDINANCE DISCUSSION Councilmember Jacobson suggested they send this to the Planning Commission and have them look at "invisible fencing" and see if there are any other changes they can think of and have staff contact the individual who has been contacting the Councilmembels of the Planning Commission date. Councilmember Orttel stated the resident's issue is not the fe ncing, it is the dog barking incessantly. Councilmember Knight wondered if an invisible fence is considered an adequate barrier. Councilmember Trade thought they should send a few different issues to the Planning Co 1) What constitutes a restraint and how does an invisible fence fit in- Should dogs be kept in the front yard with an invisible fence. 2) What constitutes a nuisance: 3) What type of dogs should the City list as dangerous and should they list any. Mayor Gamache stated the only thing they have in the ordinance is regarding rest-dint He would like to find out what that means. He thought the invisible fence would be covered in that section. Councilmember Jacobson thought they should have the Planning Commission look at that for the invisible fencing. Councilmember Trade asked what specifically they want the Planning Commission to look at Councilmember Jacobson thought the Planning Commissi should look at technology such as the invisible fence. Mr. Neumeister stated the Planning Commission is going to want more information in order to discuss this. Mayor Gamache stated he would like more of a definition for restraint Councilmember Trade thought they need to look at the nuisance area in the ordinm= to define it and make it more enforceable. Mayor Gamache thought Section 5A -1A -1 in the ordinance covers the problem and stated he does not want to get into any morn restrictions. Councilmember Jacobson wondered if a report should be written even if the CSO officer does not see the dog barkizig He thought maybe they should have it in the ordinance that after so many reports, it should be considered a nuisance. Mr. Neummster thought the ordinance should Z3 Reg uular Andover City Council Forlahop Meeting Minutes — May 22, 2007 Page 6 be changed to define it a little better. Council consensus was to seek law enforcement input and bring it back to Council- Councilmember Jacobson stated he was suggesting there be a trigger mechanism in the ordinance for the Sheriff s Department to go by. I& N eister showed photos of two homes on 133` indicating these homes were built 18 months ago and in foreclosure and wondered what they can do because the City does not have any way to get the wo ne. Councilmember bson wondered if the City should get a deposit when someone applies for a building permit to the homes will get finished in a timely manner. lair. Berkowitz indicated homes shown have also defaulted on the escrow payment to the City and the City Clerk is dealing this. I& Neumeister explained when a house goes into default or foreclosure there is reaUY no we can do until the bank gets the house. • Councilmember Knight suggested it is in default or foreclosure they wait it out until it goes to the bank and then go after the bank. Councilmember Jacobson thought if staff out what bank holds the lien they should send them a letter indi cating the homes need w get fixed or they will have an abatement proms put on them- DISCUSS DUUG4 TIONA GREEA NT . • . - - . . - •y.... •J -"i-1. - 11 .. - • Is Councilmember Trude thought the agreement looks good way it was written by stat£ Mr. Berkowitz thought the agreement would get the City to Comm 'cate better with the associations. Councr Jacobson stated his concern is with the smaller ons. W. Berkowitz thought it may be a minimum of a S 100 fine and go from there. He if the Council wants to see something addressed in the fee schedule to address this. Council thought that would be a good idea. la1r. Berkowitz wondered if the City Attorney indicates they cannot charge per what they should do. The Council thought he should check on what would be allowed and it back' • with the fee schedule changes. DISCUSS REQUEST FOR AUTIS77C CHID SIGRrS lvlr. Berkowitz explained there have been several requests for Autistic Child signs in the .%(4 • Special Andover City Council Workshop Meeting Minutes — June 26, 2007 Page 9 1 2 Councilmember Trude suggested under 1.08 Preparation of Program and Budget that the City 3 Finance Director should work with the City liaison to handle the budget. Mr. Dickinson offered to 4 reword this section taking into account the finance department overseeing it. 5 6 Councilmember Trude questioned the handling of land acquisitions by the Open Space Commission. 7 8 Councilmember Knight asked if a party wants to donate land would the area be named for that 9 person. Councilmember Trude stated the land donation and name should have a policy because this 10 will become an issue. She suggested there should be a policy of how to handle gifts of land and be a 11 plan to inform the public. 12 13 Councilmember Knight stated these are called legacy gifts. 14 15 Councilmember Trude commented that new Commission members should have a verbal review of 16 policies because they will be dealing with public funds. 17 18 ANIMAL CONTROL ORDINANCE DISCUSSION (CONTINUED) - PLANNING 19 20 Mr. Neumeister stated at the May 22 " workshop, requests were made to review restraint and 21 nuisance and to hold a discussion of dangerous dogs. He reported that the law enforcement Staff of 22 the Sheriff s office feels the Ordinance is better than most. 23 24 Councilmember Orttel stated that having invisible fence restraint has been an issue. Councilmember 25 Knight stated a child or anything else can enter the yard and dogs can leave the yard with the 26 invisible fence. 27 28 Councilmember Jacobson stated the issue is about barking. He questioned page 23 of the Lakeville 29 policy where restraint is explained. Mr. Neumeister stated the policies need to be identified. 30 31 Councilmember Trude stated that law enforcement has additional rules that are not part of the Code. 32 Mayor Gamache stated that the policy relies on neighbors accurately reporting what they see. 33 34 Councilmember Knight stated there should be a policy about threatening dogs. He mentioned that 35 page 26 of the Lakeville Ordinance has a more extensive definition of dangerous dogs than the City's 36 Ordinance on page 12. Mayor Gamache stated people have to go to court to keep their dogs when 37 three complaints are made. 38 39 Mr. Neumeister reviewed conditions that should go to the Planning Commission; 1) barking, 2) 40 nuisance and 3) potentially dangerous dogs and 4) restraint. Councilmember Knight questioned if 41 an electronic fence is considered a restraint. He suggested that a policy be considered where a dog is 42 not allowed outside without being under the control of a person. 43 44 Councilmember Trude commented that dogs are not required to be fenced. She commented that ;S Special Andover City Council Workshop Meeting • Minutes —June 26, 2007 Page 10 1 humane treatment of an animal should be included which is on page 3 5 under basic care. 2 3 Mr. Neumeister stated on page 33 a dangerous animal is defined and steps to be taken are outlined. 4 5 SUBDIVISION CODE UPDATE DISCUSSION — PLANNING 6 7 Mr. Neumeister stated that changes have been made after reviewing the Code with Bill Hawkins. He 8 commented there are policy questions on page 33. When land is used for a designated purpose they 9 can use it for a park, playground or open space. Mr. Dickinson stated that a developer creating a 10 park is using his park dedication allowance. He is challenging the terminology and offered to 11 provide other Ordinances to support his position. This will be reviewed by the attorney. 12 13 Councilmember Jacobson stated on page 34 the question of park dedication applies. Mr. Neumeister 14 stated this could affect how much land is dedicated. 15 16 Councilmember Orttel suggesting contacting a third party such as the League to help with the policy. 17 Mr. Dickinson stated much of the Park information and open space use is taken from a recent fact 18 19 sheet with the most recent findings from the League. 20 Councilmember Jacobson questioned credit for private space. If park land is obtained and given 21 over for private use, policy should be reviewed. Discussion was made to delete section E on page 22 38 from the policy. This was agreed upon by the Council. 23 24 Councilmember Trude questioned D where it is stricken through and suggested that it continue to be 25 included and not be included twice. Mr. Neumeister stated he would check the PUD ordinance to be 26 sure this is covered. 27 28 Councilmember Orttel questioned the outcome on discussion of G. Mr. Neumeister stated that this is 29 a change and it can be done. 30 31 Councilmember Tmde stated the cul -de -sac length is in the code. She proposed increasing the length 32 to 750 feet from 500. Mr. Neumeister stated that the fire department hose length is 650 feet and they 33 do not like to have cul -de -sacs extend beyond this. 34 35 Mr. Neumeister stated he will make all the policy changes and send out copies with changes 36 highlighted in red. They will be given time to respond before it goes forward to the Planning 37 Commission workshop. He stated that Mr. Hawkins suggested using a checklist by reference. He 38 suggested numbering on the bullet points and that fees are per City fee Codes by year. Items in gray 39 have been in use but are not in the Ordinance. 40 41 2008 -2012 CIP PROGRESS REPORT - ADMINISTRATION 42 43 Mr. Dickinson stated that this is a first review. He stated that the tax capacity rate and their 44 commitment to keeping it to a constant level will be tough. Debt service will be correlated to the W • TO: Planning and Zoning Commissioners FROM: Andy Cross, Associate Planner A CC: Courtney Bednarz, City Plane& SUBJECT: Work Session: Subdivision Ordinance DATE: July 24, 2007 INTRODUCTION For the last six months, City staff has been revising the Subdivision Ordinance, the section of City Code that determines the requirements and review criteria for new subdivisions. Like the Zoning Code, much of the language dates back to the original 1974 ordinance. We have attempted to simplify the Subdivision Ordinance, remove outdated material, and update it to conform to policies and regulations that are currently being used. This report summarizes the issues identified as significant changes related to the Subdivision Code update. The Council has reviewed and commented on the changes at two workshops. DISCUSSION Summary of proposed changes: 1. Park Dedication: a. The methodology for figuring the cash payment or land contribution has been reworked to follow State Statute. If a cash dedication is required, then the justification for the per -lot fee must be based on a Park Study instead of 10% of the market value of the land. b. Credit can now be given for certain park improvements made by developers (previously missing from code). c. Formally establishing a trail fee for regional trails and referencing the Code's Fee Ordinance (previously missing from code). d. The City will collect money for regional trails and the developers will construct sidewalks and internal trails (previously missing from code). 2. Required Improvements a. Utilities: The revised subdivision ordinance will require developers to construct utilities to the edge of the development, or at least into an easement that reaches the edge of the development. Current Code does not require this, so some buildable tracts within the current sewer stage can not begin to develop until others finish developing. b. Intersection Improvements: The Code outlines a process for collection of funds for on- and • off -site intersection and roadway improvements. c. Street Lights: The code will specifically state that the developer must install street lights. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US d. Lot Splits: The Code now provides differentiation between the requirements for lot splits and subdivisions. e. Trunk Oversizing: Oversizing trunk utility lines may now be required following the City's • Development Guidelines for infrastructure costs. f. Costs for Trunk Oversizing: Credit will be given to developers for oversizing trunk utility lines as per current City policy. g. Overhead Utilities: A section has been added that requires developers to bury existing overhead lines as determined by staff review. h. Dead or Diseased Trees: A section has been added to the Subdivision Code that requires developers to remove all dead or diseased trees. Previously this requirement appeared in a different section of the City Code. 3. Traffic Impact Study: This requirement has been added to the Code and will only be used on major developments to determine what transportation improvements may be required. 4. Sketch Plan Process and Fee: An escrow is required whether the project moves forward or not. 5. Preliminary and Final Plat Application / Checklist: Lists of requirements for both preliminary and final plats previously appeared within the Subdivision Code. They have been pulled out and made into external documents that will be adopted annually. This will allow the checklists to be updated quickly and easily and it also shortens the code (see attached checklists). 6. Time Between Meeting Dates (Title 11- 2- 2 -B -6): This section creates processing and legal issues and needed to be rewritten. Staff currently uses a "Meetings and Applications Deadlines" handout that tells applicants when their items will move forward. 7. Major & Minor Collector Streets: Definitions based on traffic counts were added to differentiate the two. Minor collectors would be permitted to have driveway access. 8. Sodding of County Rights -of -Way: The Subdivision Ordinance regulates the installation of . boulevard sod. Changes include sodding boulevard areas of both sides of double - frontage lots to the property line. 9. Rural Street Widths: The City's policy for rural street construction has required a 31 -foot width for over five years. This, however, has never appeared in Code. This requirement has been added to the Revised Subdivision Code. 10. Minimum Lot Frontage: The Code previously had no reference to required frontage. This has been changed to require a minimum 50 -foot frontage on a publicly dedicated street for all lots. Please note that we have many more small changes that are recommended. This includes small word changes in the definitions, updating references to State Statute, and replacing other outdated or obsolete language. An attached draft shows all these proposed changes, and a second draft is also attached without all the strikeouts and underlining. ACTION REQUESTED The Planning Commission is invited to keep the revised Code for one month for review. Another workshop can be held at the August 28 Planning Commission meeting to hold more discussion. The Commission can decide if it would like to review the Code on a topic -by -topic basis, or undertake a line- by -line review. Respectfully submitted, Attachments s Revised Subdivision Code (with edits) Andy Cross Revised Subdivision Code (without edits) • Preliminary Plat Checklist (proposed) Final Plat Checklist (proposed) 9 S C I T Y 0 F 1Y • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US PRELIMINARY PLAT APPLICATION CHECKLIST All preliminary plat submittals are reviewed for completeness using this checklist. Applications found to be incomplete will be returned to the applicant. No public hearing will be scheduled until a complete application has been reviewed for compliance with applicable regulations. Name of Proposed Development: Date of Submittal: Complete: Yes No Submittal Review Conducted by: REQUIRED PRELIMINARY PLAT DATA. ❑ A complete Preliminary Plat application and application fee. ❑ A complete preliminary plat submittal contains 8 full size plan sets, one 11x17 and one 8x11 reduction of the following drawings: • Preliminary Plat • Grading, Drainage, Erosion Control, and Tree Protection Plan • Preliminary Street and Utility Plan • Landscaping Plan (If Required) ❑ A complete preliminary plat submittal also contains three signed and bound copies of each of the following documents: • Geotechnical (Soils) Report • Storm Water Management Plan (Hydrology Report)- See the Water Resource Management Plan Developer's Requirements handout (attached). ❑ An Abstract of Title or Registered Property Abstract, certified to date, covering the property to be subdivided. These plans and documents must contain all the information described below to constitute a complete preliminary plat submittal: ALL SHEETS: ❑ Proposed name of subdivision. whisk The name shall not duplicate nor be alike in pronunciation to the name of any plat previously "°.�.etef recorded in the county. ; ❑ Name and appropriate certification of the preparer of the I.p an, p{at. ❑ Graphic scale of not smaller than one inch to fifty feet (1" = 50'). ❑ North point, designated as true north. ❑ Date of preparation and revision(s), along with revision descriptions 0 zi Layout of pFopesed streets, shGWiRg Fight of way widths and pi:epased r n-ti• F t t Th f a street heretofore ,.cart in the niter er i4e• p ,v-rry r n r n l c all t he used unless. the pFepased street iA AR ev4enc.ien Af an sh alFeady named stFeet, in whiGh event, said name shall be . Layout of proposed streets, including street centerlines, curb and gutter, and showing right -of -way widths and proposed names of streets. The name of any street heretofore used in the city or its environs shall not be used, unless the proposed street is an extension of an already named street, in which event said name shall be used. ❑ 1 n t r. r! w idths of r nedestrian _ways and utility ea emeRtr• Locations > > and widths of proposed trails, sidewalks, trail easements and drainage and utility easements. ❑ Layouts of lots and blocks with numbers of each. ❑ A legend providing symb and labels for each feature indicated on the plan sheets. ❑ Location and names of existing or platted streets and other public ways (including type of surfacing), railroads, parks and public open spaces, permanent buildings and structures, easements, sanitary sewers, water mains, storm sewers, gas, telephone, electric, cable TV, culverts, grades, invert elevations and locations of catch basins, manholes and hydrants and any underground facilities and section and municipal boundary lines within the plat and to a distance of one hundred feet (100') beyond. (AFRended QW 10 7 15 1 977) ❑ Location of designated building pad for lots without municipal water and sewer. The building pad must provide a minimum of 3,600 square feet of contiguous buildable land area. ❑ For lots without municipal sewer, provide the location of two 5,000 square feet areas designated for the primary and secondary on -site septic drain field based on design criteria for a four (4) bedroom home and in compliance with Chapter 7080 as amended. The design specifications for the drain fields shall be submitted in a repor at the time of the submittal of the preliminary plat. ❑ Location of all delineated wetlands and the floodplain boundary (flood fringe and floodway areas). Any areas of flood plain proposed to be removed and /or revised must alse be indicated. • ❑ The ffelimi;a,i: plat °III shG The location of all area identification signs. 2 n d' n (Amended QFd 10 , 7 15 1072) • o Location of Existing Trees. PRELIMINARY PLAT: ❑ Full legal description and property identification numbers) of the land involved in the plat. ❑ Names and addresses of the owner and subdivider of the land. If the subdivider is not the fee owner of the land, the subdovideF shall submit the vm i # + f th f filiRg Ge pFelimin.�n, plat rccrt rr$cn ern —r�-c F +h f the r � owner shall be reauired to sign the preliminary plat application along with the subdivider ❑ Statement of proposed use of lots, i.e., whether residential, commercial, industrial or combination thereof. If residential, state type and number of dwelling units. Furnish sufficient details for all types of usage in order to reveal the effect of the subdivision development on traffic, fire protection and density of population. If zoning changes are contemplated, rp ovide the proposed zoning plan for the area. ❑ A location map showing the plat location in the city. The 'Q—A--Rt Fnap shall have n + I h k a inn eq uals nne th ousand five rr • n .- i i neh n _ hURdFed feet 2,9999 and shall be ef suffiGient size to IeGate the plat F9!atmve to the ReaFes and the layout of all existing stFeets platted eF unplatted, within one half (IQ) mile Gf the PF9pesed plat. The stFeets and FOadways shall be labeled with ' the' c. r r a r p d '+' g names. Adianen4 platted aFeas shall he '^`T' laheled with theip plat name ❑ Total acreage, calculated to the nearest 0.1 acre. ❑ Plat area shown as follows: total area, area of dedicated county road right - of -way, park area, wetland area (including 16.5 foot buffer strip), storm water pond area below the 100 year flood elevation and including the 16.5 foot buffer strip. ❑ The nreliminany plat shall shoo, The number of linear road miles within the plat. ❑ Existing zoning classifications for tract of land in and within three hundred feet (300') of the preliminary plat. ❑ If the preliminary plat is a rearrangement or a re -plat of any recorded plat, the lot and block arrangement of the original plat, its original name, and all revised or vacated roadways shall be shown by dotted line. (Amended 9fd 3 • AIEWAMT Ml ❑ All boundary line surveys, including measured distances and angles, which shall be tied into the nearest quarter section or section line by traverse. ❑ Boundary lines of land within one hundred feet (100') of the tract of land within the plat, and the name of the owner thereof, but and including all contiguous land owned or controlled by the subdivider or owner outside of the tract proposed to be platted. ❑ Square footage of lots and lot dimensions scaled to the nearest foot. ❑ Minimum front and side yard building setback lines as required by the C Code. o Areas, other than streets, pedestrian -ways and drainagel easements, intended to be dedicated or reserved for public use. irid udi^^ the of s n^ as. ❑ Source of water supply. ❑ Facilities for sewage disposal. ❑ Fleedplain Fria ement area 19GURdlaFies f9F Ggeri Greek, GedaF Greek, the R Rover Identify the location of the proposed plat as either in • the Coon Creek Watershed District or the Lower Rum River Watershed Management Organization. ❑ Whenever a portion of a tract of land is proposed for subdividing, the entire parcel shall be required to be included in the preliminary plat. A sketch plan for all adjacent undeveloped land shall also be required as part of the preliminary plat. Potential locations for future right -of -way and roadway extensions shall be provided. Such future subdivision shall include: proposed lots, road easements for cross streets, utility easements, and such other data as required for future subdivisions. thp lonmfinn ef th pF o p gaed st ,nt„re ^n the let s^ that .t will he I G909 m aRGe --ith the prepesed re sub division street pa#eFos The shall be PlaGed -so that it will Ret be OR GeRfliGt With the PFGpesed street GRADING, DRAINAGE, EROSION CONTROL, AND TREE PROTECTION PLAN: ❑ Topographic data, including contours at vertical intervals of not more than two feet (2'); except, that where the horizontal contour interval is one hundred feet (100') or more, a one -foot (1) vertical interval shall be shown. Watercourses, lakes, marshes, delineated wetlands, wooded areas, rock outcrops, drainage tile, and other significant physical features shall be shown. U-a- geedetis Anoka County Coordinates and survey datum shall 4 be used for all topographic mapping where available. • ❑ An overall grading /drainage /erosion control plan showing existing contours at two foot (2') intervals in dashed lines and proposed contours in heavier solid lines. Minimum basement floor elevations of all proposed buildings shall be shown. Maximum slope areas shall be four to one (4:1) or as approved by the City Engineer. Note: On urban plats, a development plan identifying each lot shall show proposed elevations at all lot corners and intermediate proposed elevations along all lot lines or any additional location as deemed necessary by the Engineer and shall be submitted and accepted by.the city prior to the issuance of building permits. • The buildable area of lots without municipal sewer and water shall be required to have a finished grade of at least six (6') feet above the seasonal high water mark and shall also require the lowest floor to be a minimum of three (T) feet above the seasonal high water mark or two feet (2) above the designated or designed one hundred (100) year flood elevation whichever is higher. • Proposed lots with municipal water and sewer shall provide a lowest floor at least three feet above the seasonal high water mark or two feet above the designated or designed one hundred year flood elevation whichever is higher. • ❑ Proposed method of disposing of surface water drainage within and beyond the limits of the plat. ❑ A 16.5 -foot wetland buffer shall be shown adjacent to the delineated edge of all wetlands and the normal water level of all storm water ponds. ❑ The first 110 feet of each lot shall be buildable. The 110 -foot buildable area must be outside of the 16.5 -foot wetland buffer and above the 100 -year flood elevation. ❑ Sight distance triangles for all intersections on city streets as required per the MNDOT Road Design Manual. Any city, street that intersects with a County road shall meet the requirements of the Anoka County Highway Department. ❑ A Tree Protection Plan shall be required showing all information as defined by the Tree Preservation Policy as adopted by the City Council. and en file ❑ All proposed lots shall be shown in a table on the grading plan labeled "Lot by Lot Tabulation" containing minimum basement floor elevations, the 100 year flood elevation, the mottled soil elevation or the highest anticipated . water level, type, proposed garage floor elevation, and percent grade of driveway. In addition, the street centerline elevation, lookout elevation, lowest opening elevation, top of window well elevation, and emergency overflow elevation must be included in the Lot by Lot Tabulation. 5 PRELIMINARY STREET AND UTILITY PLAN: ❑ Profiles of existing and proposed centerline grades of streets, storm sewers, drainage ditches and culverts; also sanitary sewers and water mains where required by the platting authority. LANDSCAPING PLAN (IF REQUIRED): ❑ A landscaping plan showing proposed landscaping and /or screening from public roadways for double frontage lots, Planned Unit Developments, and urban lots that abut permanently rural areas, as required by City Code 11-3 - 1-F. ADDITIONAL INFORMATION TO BE FURNISHED: ❑ Three signed and bound geotechnical reports with recommendations. The report must also include SCS soil types, mottled soil elevations or highest anticipated water table, existing ground water level, and all soil borings must be performed to a minimum depth of 20 feet. ❑ Three signed and bound storm water management plan reports which include the proposed method and calculations for disposing of surface water • drainage within and beyond the limits of the plat as required in the City of Andover Water Resource Management Plan and/or the requirements of the appropriate watershed management organization or watershed district. ❑ A copy of the restrictive covenants, if any, concerning the property being platted. o Upon completion of the first review, the City Engineer may, at their discretion, require a traffic impact study. ❑ Such other information as shall be requested by the City Council, Planning and Zoning Commission, or Engineer. 0 l A ^ f, 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US FINAL PLAT APPLICATION AND CHECKLIST Name of Development: Date of Submittal: Street Location of Property: Legal Description of Property: Is property Abstract or Torrens Note: If legal description is not provided the application is incomplete. If legal description is longer than a few lines, please submit electronically. Final Plat Application Fee = $150.00 Date Paid: Property Owner: • Address: Signature: Receipt: Phone: Fax: Note: If property owner has not signed the application, the application is incomplete. Applicant: Phone: Contact Person: Address: Phone: Fax: Required Final Plat Data: It shall be a condition to the approval of a final plat that the following data shall be shown on said plat or shall be furnished therewith: ❑ Municipal, township, county or section lines accurately tied to the boundaries of the subdivision by distances and angles. ❑ Accurate angular and lineal dimensions for all lines, angles and curvatures used to describe boundaries, streets, easements, areas reserved for public use, and other important features shall be shown. Complete curve data shall be shown including radii, internal angles, points and curvatures, tangent bearings, and lengths of all • arcs. Dimensions of lot lines shall be shown in feet and hundredths of feet. No ditto work shall be permitted in indicating dimension. NDOVER ❑ Official monuments as designated and adopted by the County Surveyor and approved by the district court for use as judicial monuments shall be set at each • corner or angle of the outside boundary of the final plat. Location of all monuments shall be shown. ❑ Official survey markers: The location of all survey markers shall be shown on the final plat. Pipes or steel rods shall be placed at each corner of each lot, and the location thereof shall be shown. ❑ An identification system for all lots and blocks shall be shown. ❑ Streets shall be named, and all names shall be shown. A sequence of street naming shall be followed consistent with the pattern that has been established for the Ci ❑ In the event the final plat is a re -plat of an earlier subdivision, the original platting of the subdivision shall be shown and identified by dotted lines. ❑ Judicial and county ditches shall be shown by dimensions and angles as determined from county records. ❑ Floodplains and wetlands shall be indicated by an identification symbol. ❑ The maximum high water level as defined in the Department of Natural . Resources' Statewide Standards and Criteria for Management of Shoreland Areas of Minnesota shall be shown. ❑ All utility and drainage easements, and the dimensions thereof, shall be shown. ❑ The names and platting of adjoining subdivisions shall be shown and identified by dotted lines to a distance of one hundred feet (100) from the boundaries of the subdivision under consideration. Lot, block and street arrangements of such adjoining subdivisions shall be shown. Where adjacent land is unplatted, it shall be so indicated. ❑ The plat shall be on Anoka County coordinates and Anoka County survey datum. ❑ Before any residential plat may be approved and before any permit may be issued for a residence therein, the subdivider shall first present competent proof that the natural ground water level at all times in said subdivision is not less than three feet (3') below the level of the lowest portion of the proposed structure, or that a satisfactory system of ground water control will be constructed as an integral part of the proposed residential subdivision. A TITLE 11 REVISED SUBDIVISION REGULATIONS Subject Chapter General Subdivision Provisions ... ..............................1 Subdivision Plats And Procedures ............................. 2 Design Standards ........................ ..............................3 Required Improvements ............... ..............................4 1 0 0 • 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) 1 2 11 -1 -2: INTERPRETATION, SCOPE AND APPLICATION OF 3 PROVISIONS: 4 A. Interpretation And Scope: All land subdivisions within the city shall 5 equal or exceed the standards set forth in this title. The standards 6 established by this title are not intended to repeal, abrogate, annul or 7 impair private agreements or restrictive covenants, including state and 8 county regulations running with the land, which are equal to or more 9 restrictive than the standards hereby established; except, that the most 10 restrictive shall apply. 11 B. Application Of Provisions: The provisions of this title shall apply to all 12 Registered Land Surveys within the city, and the standards, regulations 13 and procedures hereof shall govern the subdivision of land by 14 Registered Land Survey. Building permits shall be withheld on tracts that 15 have been subdivided by unapproved Registered Land Surveys, and the 16 City shall decline to accept tracts as streets or roads or to improve, 17 repair or maintain such tracts within an unapproved Registered Land 18 Survey. (Amended Ord. 10, 2 -15 -1972) 2 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 11 -1 -3: PLATTING AUTHORITY: The Council shall serve as the platting • 4 authority in accordance with Minnesota 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 ommunity Development PeliseEPublic 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 edge 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 bloGk located between two (2) corner lots. 40 3 �J i n L-A 1 CITY: The City Administrator or his/her designee. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 pFepafed and maintnaRM adopted by the Gammunity Planning and Zg AiRg G9FA f 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, slopes sidewalks. g rade transitions utilities, including, but not limited to, electric and telephone lines, sanitary and storm sewer lines, water lines, surface drainageways, cable TV , 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, 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 Survey or Auditor's 4 i Subdivision, or other similar recorded dedicatory document. • 2 3 MAINTENANCE 4 ACCESS: An access for the use of a portion of land and/or 5 easement for the express purpose of maintaining 6 municipal watermain, sanitary sewer, storm sewer, and 7 other municipal facilities. 8 9 OPEN SPACES: Areas set aside for the preservation of natural open spaces 10 to counteract the effects of urban congestion and 11 monotony. 12 13 OWNER: Any combination involving a person; firm; corporation, 14 including a foreign, domestic or nonprofit corporation; a 15 partnership, including a limited partnership; a trust; a 16 political subdivision of the state; or other legal entity or 17 business organization, having sufficient legal proprietary 18 interest in the land sought to be subdivided to commence 19 and maintain proceedings to subdivide the same under 20 this title. 21 22 PARKS AND 23 24 PLAYGROUNDS: Public lands and open space in the city dedicated for use for recreation purposes. 25 26 pC 066Tp1AN 27 TRAIL A public a right -of -way or easement within or across 28 a block or blocks to provide access for pedestrians and 29 multi-users which also may be used for underground 30 public and private utilities. 31 32 PLANNING AND 33 ZONINIQ 34 COMMISSION: The Planning and &RiFiq Commission of Andover. 35 36 PRELIMINARY 37 PLAT: The tentative drawing or chart indicating the proposed 38 layout of the subdivision to be submitted hereunder in 39 compliance with the Comprehensive Plan and those 40 regulations including required supporting data. 41 42 PROTECTIVE 43 COVENANTS: Contracts made between private parties as to the manner in 44 which land may be used, with the view of protecting and 45 preserving the physical and economic integrity of a given 46 area. 5 i t 1 • 2 REQUIRED 3 PUBLIC 4 IMPROVEMENTS: Those improvements in any proposed subdivision, 5 including streets, water and sanitary sewer systems, 6 storm water drainage systems, sidewalks, trails. and 7 others which are required in connection with the approval 8 of any plat or other subdivision. 9 10 RIGHT -OF -WAY: 11 SWO00 Alg hthm A th ION asdes#ian Way-, 12 A strio of land acquired by dedication. 13 reservation, prescription or condemnation occupied or 14 intended to be occupied by a street sidewalk, trail, 15 snow storage, traffic control signs and devices, 16 utilities and utility structures and drainage. (Amended 17 Ord. 314,10-4-2005) 18 19 SEASONAL 20 HIGH WATER 21 MARK: The elevation of mottled 22 soils or is-the highest anticipated rg ound water table. • 23 24 SKETCH PLAN: An informal drawing or sketch of the proposed development 25 submitted to the OIsrk Cit for consideration prior to 26 submittal of the preliminary plat. 27 28 STREET: 29 , 30 , 31 . 32 A public or private roadway intended to be used for the 33 passage or travel by vehicles, pedestrians. bicyclists 34 and related maintenance equipment (Amended Ord. 35 314,10-4-2005) 36 37 Arterial Streets Res: The major traffic carriers feeding to the state highway 38 system. City arterials are comprised mostly of existing 39 county roads in the City as defined in the Comprehensive 40 Plan. h4inimulmine-A ;g shall be six hundFad 41 si fe et (660'}: 42 43 N#+nef Local 44 Rural City 45 46 Street: A F wral Feadwe street located in the rural area that whiish serves abutting properties and the local needs for a 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 neighborhood. Miner 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. Major Collector Street: Collector street with more than 2.500 average daily trios ( AD T). Minor Collector Street: Collector street with 2.500 or fewer average daily trips A( DT). 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 A street which is adjacent to a thoroughfare and which provides access to abutting properties and protection from through traffic. - - STREET WIDTH: delaReafiRg the The distance between the back of the curb to the back of the curb or from the edge of_ pavement to edge of pavement if curbing 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 parcels of land for the purpose of transfer of ownership or • • 7 . . - MANCeTs 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 A street which is adjacent to a thoroughfare and which provides access to abutting properties and protection from through traffic. - - STREET WIDTH: delaReafiRg the The distance between the back of the curb to the back of the curb or from the edge of_ pavement to edge of pavement if curbing 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 parcels of land for the purpose of transfer of ownership or • • 7 • I building development. The term includes resubdivision and, 2 when appropriate to the context, shall relate to the process 3 of subdividing or to the land subdivided. 4 5 TOPSOIL 6 BORROW: For general use as a turf growing medium shall meet the 7 requirements outlined in the most current MNDOT standard 8 specifications for construction and be in accordance with 9 MNDOT 3877 topsoil borrow or as approved by the City 10 Engineer. (Amended Ord. 10, 2 -15 -1972; amd. 2003 Code; 11 Ord. 273, 9 -2 -2003) 12 13 TRAFFIC IMPACT 14 STUDY: A study of existing traffic and anticipated traffic 15 conditions with and without the traffic impacts of the 16 development The study should include proposed 17 mitigation of impacts and resulting traffic conditions. 18 19 11 -1 -5: EASEMENTS TO BE DEDICATED: 20 21 A. Dedication Of Easements: The Gity shall 22 Final plats shall identify 23 and dedicate all easements for utilities, drainage, street rights -of -way, 24 surface water ponding and such other public uses as shall be found 25 necessary, convenient or desirable by the City to ensure the timely 26 extension of utilities to adjacent properties Lots served by municipal 27 services shall have 5 -foot drainage and utility easements along the 28 side lot lines and 10 -foot drainage and utility easements along the 29 front and rear lot lines. Lots without municipal services shall have 30 10 -foot drainage and utility easements along all property lines. i€# 31 32 Easements 33 for trails and maintenance access will be dedicated on a separate 34 document 35 36 B. Submission To City Council: Prior to the submission of a final plat, 37 Registered Land Survey or land subdivision to the City Council for 38 approval, the subdivider shall furnish the City with all easements for 39 , trails. 40 maintenance access, and such other public uses as shall be found to be 41 necessary, convenient or desirable by the City. Said easements shall be 42 in proper form for recording in the office of the County Recorder. 43 Duplicate certificates of title shall be made available for the filing of 44 easements on registered land. No final plat shall be approved by the City 45 Council until there has been full compliance with this section. 46 8 I C. Necessity of Easement Determined: In the case where the land 2 subdivision is to be approved administratively and the city determines that • 3 an easement is necessary as stated in this section, the City Council shall 4 act on the subdivision to determine the need and extent of the easement 5 to be dedicated. The subdivider shall furnish the City with all easements 6 found to be necessary by the City Council. (Amended Ord. 10, 2 -15 -1972) 7 8 11 -1-6: RESTRICTIONS ON FILING AND RECORDING CONVEYANCES: 9 10 A. Restrictions On Filing And Recording: 11 12 1. No conveyance of land to which these regulations are applicable shall 13 be filed or recorded if the land is described in the conveyance by metes 14 and bounds or by reference to an unapproved Registered Land Survey 15 made after April 21, 1961, or to an unapproved plat made after such 16 regulations became effective. This provision does not apply to a 17 conveyance if the land described: 18 19 a. Was a separate parcel of record April 1, 1945, or the date of 20 adoption of subdivision regulations under Laws 1945, Chapter 287, 21 whichever is the later, or of the adoption of subdivision regulations 22 pursuant to a home rule charter; or 23 24 b. Was the subject of a written agreement to convey entered into 25 prior to such time; (Amended Ord. 10, 2 -15 -1972) 26 27 c. Was a separate parcel of not less than two and one -half (2 1/2) 28 acres in area and one hundred fifty feet (150') in width on January 29 1, 1966, or is a single parcel of land not less than five (5) acres in 30 area and having a width of not less than three hundred feet (300'), 31 and its conveyance does not result in the division of the parcel into 32 two (2) or more lots or parcels, any one of which is less than five (5) 33 acres in area or three hundred feet (300') in width, except land that 34 is in the Rural Reserve area and is further restricted by the 35 subsection that follows; and except as allowed by City Code 36 Section 13-1.. 37 38 d. Is located in the Rural Reserve area (as designated in the 39 Andover Comprehensive Plan) and is residential or agricultural land 40 of not less than forty (40) acres or less than five hundred feet (500') 41 in width and its conveyance does not result in the division of the 42 parcel into two (2) or more lots or parcels, any one of which is less 43 than forty (40) acres in area or five hundred feet (500') in width. The 44 following exception is allowed, excluding minor parcels that will not 45 allow for additional building units that will not impede future 46 development of the Rural Reserve upon approval of the City 7 • 1 Council. (Ord. 274, 9 -2 -2003) 2 3 e. When a property owner, either residential or commercial, wishes 4 to move interior lot lines and by doing so does not create any 5 additional buildable lots by moving said property lines, and the 6 moving of said property lines does not create any lot which is below 7 the standards for the applicable zoning district in which it lies, such 8 new property descriptions may be approved administratively by 9 the Ci if the resulting configuration will 10 have no adverse effects on surrounding property. Should the 11 Codetermine the moving of interior lot lines 12 may have an adverse effect on either adjoining property or may 13 circumvent other applicable zoning restrictions, the Adff&istatef 14 City then shall require the request be processed ' 15 macaw as a variance to this title by both the Planning 16 Commission and the City Council. Any lot so re- aligned shall be 17 accompanied by a certificate of survey. 18 19 B. Hardship: In any case in which compliance with the foregoing restrictions 20 will create an unnecessary hardship and failure to comply does not 21 interfere with the purpose of this title, the Council may waive such 22 compliance by adoption of a resolution to that effect. The conveyance may 23 24 then be filed or recorded. 25 C. Penalty: Any owner or agent of the owner of land who conveys a lot or 26 parcel in violation of the provisions of this section shall forfeit and pay to 27 the City a penalty of not less than one hundred dollars ($100.00) for 28 each lot or parcel so conveyed. The City may enjoin such conveyance or 29 may recover such penalty by a civil action in any court of competent 30 jurisdiction. (Amended Ord. 10, 2 -15 -1972) 31 32 11 -1 -7: RESTRICTIONS ON ISSUANCE OF PERMITS: 33 34 A. Improvements: All electric cable TV, telephone, communications 35 equipment and gas distribution lines or piping, €eadways streets, 36 side and other similar improvements shall be constructed 37 only ORa6t€ee# within public right -of -way 38 easwfl Q-Rt which is designated on an approved plat, or properly indicated 39 on the official map of the City, or which has otherwise been approved by 40 the Council. (Amended Ord. 10, 2 -15 -1972) 41 42 B. Access: No permit for the erection of any building shall be issued unless 43 such building is to be located upon a parcel of land abutting a public 44 street right -of -way which has been accepted and is currently maintained • 45 by the City, or which has otherwise been approved by the City Council. This 46 limitation on issuing permits shall not apply to Planned Unit 10 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 -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 and 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 PENALTY: A. Unless approved as a final plat as provided herein, no latat shall be entitled to record in the County Recorders 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 z EM-72 -- - 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 and 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 PENALTY: A. Unless approved as a final plat as provided herein, no latat shall be entitled to record in the County Recorders 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 I 2 ems the Development Guidelines for publicly or privately installed infrastructure improvement requirements have been met. 3 4 B. Any firm, person, or corporation who violates any of the provisions of 5 these regulations, , 6 7 , shall be charged with owilty of a 8 misdemeanor and, upon conviction thereof, shall be punished as defined 9 by state law. 10 aara�#®as� 11 12 C. The platting, replatting, subdividing or conveyance of land not in 13 accordance with the requirements of this title may be enforced by 14 mandamus, injunction, or any other appropriate remedy in any court of 15 competent jurisdiction. (Amended Ord. 10, 2 -15 -1972) 16 16 0 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 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 wW ZQR Commission and the City Council. A public hearing by the Planning Commission shall be held in accordance with Chapter 12- 14-8. Cewpeil- No A Sketch Plan Fee fee shall be required of the subdivider for the submission of a sketch plan. HeweveF, Any review time by the ARC shall be billed towards the subdivider. prejes B. Compliance With City Provisions; Modifications: On the basis of the subdivision sketch plan, the ARC, Planning 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. r%--- 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 by Ordinance by the City Council. 4 2. The subdivider shall submit ten (10) copies of the sketch plan to the C� 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. i 0 11 13 . 1 rti o 2 3 4 5 6 3. After the public hearing and the UpGR Planning Commission review 7 and comment, the sketch plan shall be placed on the next available City 8 Council agenda for Council review and comment 9 10 JA nmonc l og j Q CC J 21A , 11 12 D. Required Information: The subdivider shall provide the information as 13 listed on the Sketch Plan application. The a-i-d-ad- shall proved@ the 14 15 16 17 18 , 19 , 20 21 22 23 24 25 26e 27 28 29 30 E. Additional Requirements: The subdivider sap shall be required to 31 show adjacent property and any other property as determined 32 necessary for proper review as required by the ARC, Planning aad 33 ZORORg Commission, and City Council. (Amended Ord. 10, 2 -15 -1972) 34 35 11 -2 -2: PRELIMINARY PLAT: 36 37 A. Minimum Lot Size: There shall be no conveyance of land described by 38 metes and bounds if the conveyance is less than five (5) acres in area and 39 three hundred feet (300) in width except as allowed by City Code 40 Section 13 -1. 41 42 B. Procedure: Prior to platting and subdividing any tract of land into two 43 meets more than two lots the following procedures shall be 44 followed: • 45 46 1. ARC Review: 14 a. • The subdivider shall file ten (10) copies of the preliminary plat with the Cit ait+y for review by the Andover Review Committee. We pF@liFAiAaFV plat shall be Qed 9 b. The Andover Review Committee shall review preliminary plat 10 submissions pursuant to Minnesota State Statutes and the 11 City Code. 12 13 W&OR thiFty I— 44� p 1 61 4 @F 0 14 , 15 16 17 18 GaFAFAM96i 19 20 21 99FR6 of t-0- 22 23 10 1 ) 11 c 1072 • 24 25 26 2. Fee: At the time of the filing of the preliminary plat, the subdivider shall 27 pay a preliminary plat fee as defined in the Fee Schedule adopted by 28 Ordinance by the City Council. 29 _ fQF PlatS i RVGlViRq Fes late @Rly, a fee-as 30 68i IRYU19 4, 31 plury a fee s6A by Title 4, 32 ; 33 34 35 36 37 38 39 40 FGIPQFI to the 41 , 42 43 44 . 45 3. Required Data: Preliminary plat applications shall not be • 46 15 • 1 considered complete until the requirements listed on the Preliminary 2 Plat Checklist have been met The Preliminary Plat Checklist is on 3 file with the City. 5 4. The City staff shall submit a written report to the Planning 6 Commission, which shall deal with drainage, streets, and other 7 planning and engineerina matters pertinent to said preliminary plat 8 Said report shall be submitted to the Planning Commission prior to 9 the public hearing prescribed in this section. 10 11 5. Public Hearing 12 Process Public Hearings shall be held pursuant to Minnesota State 13 Statute 462.358 and 14 the 15 . The 16 -according to GhapteF City Code Title 12 -14 17 46 -8. At said hearing, all persons interested in the plat shall be heard. 18 (Amended Ord. 314,10-4-2005) 19 20 6. Council Action: 21 22 a. After the Planning Commission act on th e preliminary plat. 23 the Council shall approve, disapprove, or modify the • 24 preliminary plat The date of the meeting shall be at the 25 discretion of the City and in adherence to the 120 -Day Rule as 26 defined in Minnesota State Statute 462.358 Subd. 3b. P#ere 27 28 G the GOWRG* , , 29 30 31 32 33 34 Go—Wasia-Mast-Ag hold an U-se Twesday shall be 35 36 37 38 39 40 41 , 42 43 44 , • 45 46 M88iiRg Of the f6ligWiRg FRO IL' i • 2 b. If the Council should deny shal4disappFeve the plat, the 3 grounds for any such Viral denial shall be set forth in the 4 proceedings of the Council and reported to the subdivider within 5 fourteen (14) days thereafter. 7 c. Approval of a preliminary plat by the Council is tentative only, 8 subject to the compliance with all requirements and 9 recommendations in the preliminary plat resolution as a basis 10 for preparation of the final plat. 11 12 6.4. Petition To Rezone: At the time of the filing of the preliminary plat, 13 the subdivider shall submit to the Gle City a petition for rezoning to the 14 proposed future use of said land if the land is not already so zoned. The 15 owner of said land shall join in said petition. 16 17 18 shall be Faquired Gf all engineegng GonsideFafiens presented On the 19 , 20 easemeRts, wat9F SUPPIY, sewage disposal, 21 steFage, gas and eI8GWG sewiGes, Fead gFadients and widths, and the 22 suFfaGing of stFeets, 23 • 24 25 th as 26 , 27 28 y plats 29 • 30 31 32 33 Gf a pFelirnffinaFy plat appliGation filed with the Glerk that said plat Shall 34 35 36 37 1. ldentifleatien And DesGApfiefil 38 39 a. PFeposad narne of R iladiv whirh name shall not dup"Gate 40 Ror ha Rieke a n pronunGiation to the name of any plat he.re-to-fe-Fe 41 ; aFnd. 2903 42 Cede) 43 44 . 45 • 46 , 17 • d _ vl r and sup e F o ._. _. sha t -_ r,bdiyider is nn# I afl� ,-- �f#e -�laf. If t he sn�.,QC, -.T.o� 2 the f f +h Ia d the lad' 'der shall c.,,hmi# the written 3 n n f h fee wner Fe the filing of the preliminwy plat vm� c # t nc -m--n�c n nccv�rrTC,zvir�c- ,mr� n,c I ............ ....., r ...�.. 4 d a f # han on nh Ay 5 o� G h ' ss ,�,� o, „o� sa3a „er t m�ne�r�,rte _ feef 1 " - 6 7 e Aledh ndin# des tn,e nadh as , 9 f !late of preparatien 10 11 12 e€ saavey. 13 14 Cvic.#ipg P`nndi #iAns. 15 16 All h da 1' I d m ac d dictan e eu rannd a. nc.7V,7crolr,vrvvnl9 , , ,c . ...... .... ................ a ...._ 17 angles, whon-h shall -be- twAd intg the nearest quarteF SPQfiGR G 18 seration line J , traveme. 19 20 bo T tal a .may_, nln e nIated to thegreet Q . 4 anre . ......_ .. _ _ 21 22 n E zon la ssi f na t _ s, far +rant of land in and within three . 23 hundred feet /499'\ of the nrelirninap• plat 24 25 d 1 a#' a name of exis ar platted streets and other 26 , permaRent buildings 27 al Rd , 28 M AR 'th' th p lat .+ d fn .+ d' 4anne of one hundred feet (1 GO') vr,v, Fed ..... 29 beyond !Amended nrd 40 7'15 4977\ , 30 If th I' 'nani plat is a rearrangement or a replat of any 32 Fergr4ded plat, 33 909 name, and all revised or wanat 34 b d tt d I' /e d d n d 40 7 454977• a md 20 Gee 35 36 37 ma 38 , 39 , 40 41 one huRdpe 42 43 n BoundaF l o land within ene hundred feet (400') of the +raGt 44 of band mAthin the plat, and the R;arnA of he cmuner theFeef, but • 45 46 18 10 i_ A GOPY of Fhe ranbirthota noyenants if ami �.nnneminn +he 11 pmpedy be platted. 12 13 j. Sails 14 15 4 C,,oh other data as m ay be requested by the Cnnineer 16 17 3. Des Featums; 18 19 20 pmposed R-;a.m.A-R- of st-re-ets. The name of any street h in 21 in the G 9F fts envirom shall not be used, unless the pr4oposed 22 street an Wons of an already named street in whinh event , , 23 24 • 25 . 26 27 , 28 stoFFA sevmFs, 29 and mater main e. where required by the nladiinn a, QFho4ty 30 31 32 (2' intepoelle on dashead lines; and proposed 33 34 35 36 uFban plats, Anch lot shall show pmposed ealf at all lot 37 38 39 40 building perms: 41 42 P-. A. Tree Pro-fe-n-tion Plan shall be Fequ;Fed sho4ng all infoFmation 43 am &AAA-d- by the Tree Pre-s-e-rum-tion PoloeAgag adonted by the GOP 44 }- 45 See Title 4, chapter 3 of this code. • 19 • I f La ,ts of let =. ed to the nearest foot d bleGks with n„mbere of eaoh Square fogtage 2 n lets and Igt dimeneinne coal _ _ oc ,ovc NO 8 b Mm 'm,,rrm front a d side vard building sethan knee ae reguired 9 . 10 11 12 an beyond the ImMits of the plat 13 14 15 am s aid - traGt is 1a a enough or ie intended f -r future Subdivision 16 17 18 Shall ORGlude. pmpased lets, r4oad easements for nrnru; 19 stmets, ut easements, 20 21 suGh a let, he shall submit m- A-calRd site plan showing the InnatimA a 22 the proposed &urture on the lot so that it vAll be loGated in 23 rm-nfew.m.amn-e- with the pF4qpqRPd rag MOW *9R stFeet pattems. The • 24 hnrne shall be planed eo that it vrill not be in Genfliot w th� 25 26 27 k. The ARdeveF Rev*ew Committee shall MAXbOAF All PRWROORR to the 28 pFeliminary plat. if the Fevision is signifiGant, it w"! be fopmaMed to 29 nb D �az-P l am i ng andi� -vrrrn ('` 'ceinn andlnr thee f iii rn, moil fnr 30 fev+e 31 32 d Additional lnfnrmr Rtion To Be Fumiehed� 33 34 , 35 , state 36 type and nu.m.-her of durem units. FuFnwsh A' 'ffiQwRRt details for- all 37 types 9f usage in 9FdeF te re-veal the effe4rut of the A-uh-dGivon-im 38 39 40 b. SourGe of wateF supply-. 41 42 fbF sewage d 43 44 d. If manoRg rahanges aFe Gmtemplated, the pr-ep9sed z9ning plan • 45 for th rte: 2 See title 12, chapter 5 of this code. OR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 affe • I e ra M AM - 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 by the Fee Ordinance adopted by the City Council. 2.4Filing of Final Plat: Within one year following approval of the preliminary plat, unless an extension of time is requested in writing by the . ' See section 12 -15-6 of this code. 21 • I subdivider and granted by the Council, the subdivider shall file seven (7) 2 copies of the final plat with the Cit and shall pay a filing fee 3 efe as set fadh by ordinance . The final plat shall incorporate all 4 changes required by the Council, and in all other respects, it shall conform 5 to the preliminary plat as approved. If the final plat is not filed within one 6 year following approval of the preliminary plat, the approval of the 7 preliminary plat shall be considered void unless an extension is applied 8 for and granted by the Council. 9 10 3. Plat Phasing: The final plat may constitute only that portion of the 11 preliminary plat which the subdivider proposes to record and develop at 12 that time; provided, that such portion shall conform to all requirements of 13 this title, and provided further, that the remaining portions of the 14 preliminary plat not proposed to be recorded, developed and submitted as 15 a final plat, or granted an extension, shall be subject to the right of the City 16 to adopt new or revised platting and subdivision regulations as provided 17 in Minnesota State Statute 462.358 Subdivision 3c (Amended Ord. 10, 18 2 -15 -1972; amd. 2003 Code) 19 20 4 2. Filing Of Plat And Abstract: At the time of filing the final plat with the 21 City , the subdivider shall also file with the City GIs* an abstract of 22 title or registered property abstract, certified to date, evidencing ownership 23 of the premises involved in the plat. 24 25 5. Reguired Final Plat Data Final Plat applications shall not be 26 considered complete until the requirements listed on the Final Plat 27 Checklist have been met. The Final Plat Checklist is on file with the 28 C 29 30 31 32 33 4. RBPGFW . ThS fi-b. @ ..'. an d -. aftmay shall suh—m-it _P9146 34 35 Ma R 36 37 a#01 k1iG QRiRiQR a s to Mile of &e pmmiserm Woe 38 39 G 40 41 Oat- 42 43 6. Compliance With Law: The final plat shall be prepared in accordance 44 with all applicable laws and • 45 regulations of controlling govemmental agencies. 2 See subsection 1 -7 -3H of this code. 22 1 2 B. Council Action: The Council shall act on the final plat within sixty (60) days • 3 of the date on which it was filed with the City. Per State Statute 462.358 4 Subd. 3b. 61. The final plat shall not be approved if it does not conform 5 to the preliminary plat, including all changes required by the Council, or 6 does not meet the engineering and design standards and specifications of 7 the City. 8 9 C. Recording Final Plat: Following approval of the final plat by the Council, 10 the City G4" shall promptly notify the subdivider of said approval. 11 Pursuant to Minnesota State Statute 462.358, the applicant shall 12 have two Years to file the Plat with the County Recorder. If the Plat 13 has not been recorded with the County within two years of City 14 Council approval, then the City may request that the subdivider 15 resubmit an apolication and any changes in the City's 16 comprehensive Plan or subdivision controls may apply to the plat. 17 , 18 The subdivider shall forthwith furnish the City 19 with a receipt from the County showing evidence of the recording- 20 the final plat The subdivider shall submit a digital copy of the final 21 plat to the Citv Engineer. 22 espies. Failure of 23 24 the subdivider to comply with the requirement of recording shall be cause for rescission of approval. . 25 26 27 a fiRal plat that the fellewiRg data ahall be shovm aR said plat a 28 29 30 31 32 33 , 34 , amas 35 Formewed fQF PWbl WGQ, 36 GOMPIOW QWPOQ_ 6_ G -be , i palwd i Ag Fadii, Wawa! aRglars, 37 - 38 39 , 40 a 4 5 4 wa) 41 42 43 44 • Gods) • 46 armed, 2993 23 I p lai sk e p ow 0 ozI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CHAPTER 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 and AsRiRg 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 aW ZeRiag Commission in consideration of rural and urban differences, the zoning ordinance and the Comprehensive Plan. 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 0 0 0 041 W 1 allowed in the area designated on the Comprehensive Plan as "Rural • 2 Reserve" unless storm sewer, sanitary sewer and a municipal water 3 supply are constructed to serve the area being divided. (Ord. 274, 9 -2- 4 2003) 5 6 F. Required Buffer Area From Rural Areas or Neighborhoods All 7 residential developments constructed with municipal sewer and water may 8 be required to provide buffering from rural neighborhoods outside of the 9 City's Municipal Urban Service Area (MUSA) except when adjacent areas 10 outside of the existing MUSA that are planned for future urban 11 development. 12 13 1. Buffer Area Location: Buffer areas shall be located as close to 14 property lines between proposed urban and existing rural properties 15 as practicable. 16 17 2. Buffer Area Requirements: Buffer areas shall provide a consistent 18 level of physical separation and/or visual screening to provide a 19 transition between urban and rural developments. The extent of 20 the requirements shall be determined by the City Council at the 21 time that the preliminary plat is reviewed. These requirements shall 22 be based on the existing and proposed topography and vegetation • 23 within and surrounding the proposed development and may include 24 one or more of the following: 25 26 a. Additional lot width or depth to provide physical separation 27 b. Tree save areas to provide visual screening 28 C. Tree planting areas to provide visual screening 29 d. Relocation of drainage areas to preserve existing trees 30 and /or area for new trees to be planted. 31 e. A combination of the above or others as needed to provide a 32 significant and consistent buffer area. 33 34 3. Exemption: In the event that a significant and consistent buffer is 35 provided by existing trees, wetlands, floodplain or other topographic 36 or hydrologic features, the Council may determine that no additional 37 requirements are necessary. (Amended Ord. 331, 6-6 -2006) 38 39 11 -3 -2: STREET PLAN: 40 41 A. Compliance With Comprehensive Plan: The arrangement, character, 42 extent, width, grade and location of all streets shall conform to the 43 Comprehensive Plan, the approved standard street specifications, and all 44 applicable ordinances; and all streets shall be considered in their relation • 45 46 to existing and planned streets, to reasonable circulation of traffic, to topographical convenience and safety, and in their appropriate relation to W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the proposed uses of the area to be served. B. Continuation Of of Existing Aad 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 major collector €earls streets Such lots may front on service roads with entrances to the above or at intervals as determined by the County or City. of hwRdFad si* feet (669') foF -a-1-a-Fialra and th rara thil;hs feet (33G9 ferule. (Amended Ord. 10, 2 -15 -1972) 11 -3 -3: STREETS: A. Widths: 1. All right of way and €eadwa+} street widths shall conform to the following minimum dimensions: 2. Additional r ight -of -way and street widths may be required va y depending upon anticipated traffic volume, planned function of street and character of abutting land use and fire code requirements • n 11 27 Typical Readeray Right of Way street Width Back of Classification Width Curb to Back of Curb e _e Arterial 120 feet Variable 80 -120 feet as Collector — ma* )r #wA4KMpW determined by Variable the Ci state -" Engineer Collector — minor 66 -100 feet as determined by the Ci En ineer MiROF aa): Local urban 60 feet -#sei 33 feet city street Local rural city 60 feet 244set 31 feet street Cul -de -sac 120 -foot 93 foot diameter diameter Service 60 feet 33 feet 2. Additional r ight -of -way and street widths may be required va y depending upon anticipated traffic volume, planned function of street and character of abutting land use and fire code requirements • n 11 27 I B. Horizontal Curve Radius: The minimum horizontal curve radius on minor • 2 streets shall be fifty feet (50') or as required by the City Engineer. 3 (Amended Ord. 10, 2 -15 -1972) 4 5 C. Grades: Streets grades shall not exceed seven percent (7 %) for local 6 mia and collector streets and four percent (4 %) for arterials 7 thMM hi2rar,, and in no case shall they be less than one -half percent 8 (0.5 %) on streets with concrete curb and gutter_; 9 . Grades within thirty feet (30') of street 10 intersections shall not exceed two percent (2 %). (Amended Ord. 10, 2- 11 15 -1972; amd. 2003 Code) 12 D. Vertical Curves: Different connecting street gradients shall be 13 connected with vertical curves. Vertical curves shall be designed in 14 accordance with MNDOT guidelines with a minimum design speed of 15 thirty (30) miles per hour or as required by the City Engineer. 16 E. Street Jogs: Street jogs in local pia®€ and service streets shall have a 17 centerline offset of not less than one hundred fifty feet (150'). Street jogs 18 shall be avoided in all other streets. 19 F. Local Moos Streets: Local Imo€ streets shall be so aligned that 20 their use by through traffic will be discouraged. 21 G. Cul -De -Sacs: The maximum length of cul -de -sac streets shall be five 22 hundred feet (500') measured along the centerline from the intersection to 23 the center of the cul-de -sac area. Each cul-de -sac shall have a terminus of 24 nearly circular shape, with a minimum right -of -way diameter of one 25 hundred twenty feet (120.0'), and a minimum roadway diameter of ninety 26 three feet (93.0') in the urban service area and the rural service area. 27 Temporary cul-de -sacs shall be required in all new subdivisions to make 28 provision for the continuation of future streets in adjoining areas when the 29 length of the street exceeds two hundred ten feet (210.0') from the 30 centerline of the intersecting streets. Each temporary cul-de -sac shall be 31 required to have a minimum roadway diameter of eighty feet (80.0') and 32 constructed with concrete curb and nutter. 33 Prope 34 owners/developers benefiting from the street continuation shall be 35 responsible for the removal of the temporary cul-de -sac and shall be 36 required to replace the street in accordance with current city requirements 37 and standards. The property line at the intersection of the turnaround and 38 the straight portion of the street shall be rounded at a radius of not less 39 than twenty feet (20.0'). I 40 s 41 H. Service Streets: In those instances where a subdivision abuts or contains 28 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 an existing or planned maior collector or arterial streets theFewohfam or • a railroad right -of -way, the City Council 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. The requirements of approach grades and future grade separations shall be considered in establishing the separation distance between said service streets and the street thaFew9hfae or railroad right -of -way. 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 not be planned so as to provide proper access to adjoining property. • M. Intersections: The angle formed by the intersection of streets shall not be less than sixty degrees (60 °), with ninety degree (90 °) intersections preferred. Intersections of more than four (4) comers are prohibited. N. Any driveway a ccess to a street shall be at least PaWass4haa sixty feet (60) from an intersection as measured from the intersecting rights - of_way. . O W. Boulevard Sodding: 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. Hydroseeding is approved in lieu of seed and mulch. shall be spFead, aseded, does aRshe PG. Tangent: A tangent of at least one hundred feet (100) in length shall be introduced between reverse curves on arterial thaFaughfaFe and collector streets, and a tangent of at least fifty feet (50) in length shall be See also sections 9 -1 -5A, 9 -10 -3 and 11-4 -8 of this code. P ILI I introduced between reverse curves on all streets except selected minor 2 streets and lanes. 3 4 P. Corners: Rights -of -way ed alcoad i ta=eefinpc where any two local 5 city streets intersect shall be rounded by a radius of not less than 6 twenty feet (20'). Any rights of way where a city street and a county 7 road intersect shall be rounded by a radius of not less than thirty 8 30 feet 9 10 , 11 12 13 14 15 11 -3-4: EASEMENTS: 16 17 A. Utility Easements: Easements at least twenty feet (20') wide or as 18 determined by the City Engineer centered on rear and side lot lines, 19 shall be provided for utilities where required by the platting authority. 20 Utility easements shall have continuity of alignment from block to block 21 and lot to lot. Lots served by municipal services shall have a 22 minimum 5 -foot drainage and utility easements along the side lot 23 24 lines and a minimum 10 -foot drainage and utility easements along the front and rear lot lines. Lots without municipal services shall 25 have a minimum 10 -foot drainage and utility easements along all 26 property lines. 27 28 29 B. Drainage Easements: Where a subdivision is traversed by a wetland. 30 watercourse, drainageway or stream, a drainage easement conforming 31 substantially with the lines of such watercourse shall be provided, with 32 further width as shall be adequate for storm water drainage of the 33 areas. (Amended Ord. 10, 2 -15 -1972) 34 35 11 -3 -5: BLOCKS: 36 37 A. Lengths: The maximum length of blocks shall be one thousand three 38 hundred twenty feet (1,320'). RedeatsaR4Trail via" easements at 39 least ten twen feet k$94 (20 wide may be required at the 40 approximate center of blocks over six hundred sixty feet (660') in 41 length. Provisions for additional accessways to schools, parks, and 42 other public grounds may be required. 43 44 B. Off Street Areas: Blocks intended for commercial, industrial, or uses other • 45 than single - family dwellings shall be so designed to provide adequate off be 46 street areas for parking, loading, and such other facilities as shall ILI 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 required by the ;= 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 eFlia- City Code. B. Buildability Requirements: All Residential-lots shall have the lowest floor a minimum of three feet (3) above the seasonal high water mark or eae feet (4') two feet (21 above the designated or designed 100 -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 ') one hundred ten 1( 10 of depth of the lot at a minimum width of the lot as required for that zoning district by the aeni iaaaesr 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 • See sections 12 -14 -10 and 12 -14 -11 of this code. 31 . I than five percent (5 %) organic material by volume. 2 25 3 d. There shall be two (2) 5,000- square foot areas designated and 4 staked for the primary and secondary on site septic drainfield based 5 on design criteria for a four (4) bedroom home. The designated 6 drainfield locations as stated above shall comply with ladividual 7 City Code Title 10-4 8 "Individual Sewage Disposal Systems" as amended. 9 10 e. The location of the primary and secondary sites shall be 11 indicated on the preliminary grading plan and the design 12 specifications for the drainfields shall be submitted at the time of 13 the submittal of the preliminary plat for proposed developments and 14 at the time of building permit application for new homes. 15 sac are allowed to be platted. 16 T-101869 PFO-1-46-00-06 0-ha-11-Rat apply to plate appFaved by the a 17 , 18 Butt Lots: The use of butt lots shall be avoided wherever possible. 19 C. Location: All lots shall have 20 pisiblisly dadis at least 50 (fifty) feet of frontage on a 21 publicly dedicated and constructed street Lot widths are a 22 separate reauirement that is measure at the front yard setback. 23 24 D. Comer Lots: Corner lots shall be platted at least ten feet (10') wider than 25 interior lots on all lots of less than three hundred feet (300') in width at 26 the building setback line. Corner lots shall be a minimum of one 27 hundred feet (100') wide as measured at the building setback line or 28 ninety feet (90') wide for back to back lots. 29 30 E. Cul -De -Sac Lots: The minimum lot width at the front setback line for cul- 31 de-sac lots lacking municipal sanitary sewer is one hundred sixty feet 32 (160'). A maximum of t wo (2) lots lacking sanitary sewer pe cul -de- 33 sac are allowed to be platted. 34 35 F. Butt Lots: The use of butt lots shall be avoided wherever possible. 36 37 G. Watercourses: Lots abutting upon a watercourse, drainageway, or 38 stream shall have such additional depth or width as may be required to 39 protect house sites from flooding and shall be subject to restrictions of 40 the Department of Natural Resources &W U.S. Army Corps of 41 Engineers the Coon Creek Watershed District. the Lower Rum 42 River Watershed Management Organization, or any other regulatory 43 agency. 44 45 H. Double Frontage Lots: Lots with frontage on two (2) parallel streets shall 46 not be permitted except where lots back on manor collectors, arterial 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 streets or highways. Double frontage lots shall have an additional depth for screen planting along the rear lot line of ten feet (10') as regulated by City Code Title 12 -13-5 Access To They fares Arterials or Major Collectors In those instances where a plat is adjacent to a limited access arterial or major collector, no direct vehicular access shall be permitted from individual lots to such highways 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 one hundred ten (1101 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 • U 0 33 . I playgrounds. Any park cash contributions based on market value for 2 commercial /industrial zoned property is to be determined as identified in 3 Subsection C of this section are to be calculated and established based 4 on the land value at the time of final plat. Any park cash contributions for 5 residential zoned property are to be determined as identified in Subsection 6 C of this section. The form of contribution (cash or land) shall be decided 7 by the City based upon need and conformance with the approved City 8 Park Comprehensive Plans. 9 10 B. Dedicated Lands: 11 12 1. Requirements: Any land to be dedicated as a requirement of this 13 section shall be reasonably adaptable for use for active park and 14 recreation purposes and shall be at a location convenient to the people to 15 be served. Factors used in evaluating the adequacy of proposed park 16 and recreation areas shall include size, shape, topography, geology, tree 17 cover, access and location. 18 19 Also land dedication shall be selected based on the parkland need defined 20 by the Andover Park System Plan. Active parkland areas shall be 21 exclusive of wetlands, slopes exceeding twelve percent (12 %), ponding 22 areas, or other features unsuitable for active park development. The City • 23 24 may accept natural open space or passive park containing unique natural environmental features as part of the parkland dedication. Selection of 25 park land for dedication shall be at the discretion of the City Council, 26 based on the policies and recommendations of the Comprehensive Plan 27 and the Comprehensive Park System Plan. The Council may'vary from 28 these requirements if a development demonstrates unique attributes 29 sufficient for parks and open space included in the development 30 31 2. Maximum Area of Dedicated Land: Developers of land within the 32 City of Andover shall be required to dedicate 10% of land to the city 33 for park, or open space and playground Purposes. 34 35 36 37 38 39 GQMPF8h8R6iNIQ 122* DOWER 40 , 41 , 42 43 chapoes 44 45 46 34 7 1 2 I 3 4 5 6 7 8 - 9 10 C. Cash Contribution In Lieu Of Lands: 11 12 1. Amount Determined: 13 14 a made by 15 16 17 the Gk-i 18 19 20 21 F dedoested. 22 23 a b. In lieu of land dedication, the City may require from the • 24 developer or owner a cash contribution which is based on a fee per 25 lotfunit basis for the development of residentially zoned property. In 26 the case of the development of commercial/industrial zoned 27 property, the City may require a cash contribution from the 28 developer or owner which is based on a maximum of ten percent 29 (10 %) of the market value of the land or as established by the 30 park dedication study These fees' are established and adopted 31 by the City Council and are effective for any plat that has not 32 received preliminary plat approval after the date of publication of 33 this title. The fees would also apply to plats that have received 34 preliminary plat approval, but have not received final plat approval 35 by the City Council 36 date- s€4#is itlQ. If an extension is requested of the preliminary plat 37 beyond the twelve (12) months, the fee that is in effect at the time 38 of the extension is the fee that is to be contributed. Park cash 39 contributions are to be paid to the city prior to the recording of the 40 final plat at the county. The City Council may require the payment 41 at a later time under terms agreed upon in the development 42 agreement. Delayed payment may include interest at a rate set by 43 the city. 44 45 b.a< If the applicant or developer does not believe that the See subsection 1 -7 -3G of this code. 35 36 1 �s fees contained in the city fee schedule (pursuant to this 2 park dedication analysis) fairly and accurately represent the effect 3 of the subdivision on the park or trail system of the city, the 4 applicant or developer may request that the city prepare an in- 5 depth study of the effect of the subdivision on the park and trail 6 system and an estimate of that effect in money and/or land. All 7 costs of said study shall be borne by the developer or applicant. If 8 the developer or applicant requests the preparation of such a study, 9 aaplat application may proceed as if the fee had been paid, 10 pending a decision on the appeal of dispute over the proposed 11 fee in lieu of dedication if: 12 13 1. The applicant puts the City on written notice of the 14 proposed fee in lieu of dedication. 15 2. Prior to the City's final decision on the application, the fee 16 in lieu of dedication is deposited in escrow, and 17 3. The applicant appeals under Minnesota State Statute 18 462.361 within 60 days of approval of the application. 19 20 If such appeal is not filed by the deadline, or the applicant 21 does not prevail on the appeal then the funds paid into the 22 escrow must be transferred to the City. no-aiea-foF 23 24 25 26 27 28 c. d. If a combination of cash and land dedication is required, the 29 cash contribution to the city would be determined as follows for 30 residential zoned property: 31 32 Step 1: Total acreage of plat multiplied by ten percent (10 %) 33 (minimum required land dedication) yields the required land to be 34 dedicated. 35 36 Gliap 2! Apatual acres of pa-Fk to _W the FeqwiFed 37 38 39 40 Step 3 2: 'Total park dedication fee" will be determined by 41 establishing the ultimate number of residential lots that can be 42 achieved r if no park land was dedicated 3 43 multiplied by the park dedication fee per unit as per the fee 44 schedule. • 45 46 Step A- 3: Divide the "total park dedication fee" from Step 2 by the 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 required land to be dedicated from Step 1 . This yields the "fee per acre ". Step 5= 4: Multiply the "fee per acre" from Step 3 by the acres of park to be dedicated which is to include one half (112) of the street right- of-way adiacent to the park. The land must be exclusive of wetlands, slopes exceeding 12 %. ponding areas, or other features unsuitable for park land. This yields the dollar value of credit for land boin@ - dedisatad and for the right -of -way being dedicated. Step 6 5: ' " The "total park dedication fee" from Step 2 minus the dollar value of credit for land and right -of -way being dedicated from Step 5 yields the dollar amount and/or balance due in park dedication fee. Step 6: Credit will be given towards the park dedication fee that is required for areas within the park that were required to be improved by the City and agreed to by the developer or owner. Those improvements may include grading of the park, which must be graded a minimum of two feet above the 100 - year flood elevation or three feet above mottled soil or highest anticipated water level, whichever is higher. Improvements may also include, but are not limited to.installation of Playground 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 , (3) 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 ". 0 C - Al is 37 4 46 38 I 1 8 G. Metes And Bounds Lot Splits: 9 10 11 12 The Park and Recreation Commission 13 may recommend to the City Council a cash Payment in lieu of park 14 land on metes and bounds lot splits less than twenty (201 acres in 15 size Where a cash contribution is required, the owner will be 16 requested to contribute on a fee per lot or fee per unit as required 17 by City Code 1 -7-4 for the lot that is being split. The City will have 18 the right to require Park dedication for any future subdivision of the 19 property. Credit shall be given for Previously paid park dedication. 20 21 22 23 . 24 , 25 26 11 -3 -8: TRAILS: 27 28 Cash Contribution for Trails: The City shall have the authority to 29 require a trail fee that will be charged at the time of subdivision. The 30 fee shall be established annually with the City Fee Ordinance and is 31 separate and distinct from the Park dedication fee. The fee's intent is 32 to fund regional trails as shown in the Comprehensive Plan. 33 34 35 • 39 .l I 2 CHAPTER 4 3 4 REQUIRED IMPROVEMENTS 5 6 SECTION: 7 8 11 -4-1: General Conditions 9 11 -4 -2: Development Contract 10 11 -4 -3: Financial Security 11 11 -4-4: Construction Plans 12 11 -4 -5: Inspections 13 11 -4-6: Preexisting Improvements 14 11 -4 -7: Completed Improvements Documented 15 11 -4 -8: Street Improvement Standards 16 11 -4 -9: Drainage Facilities 17 11 -4 -10: Subsurface Conditions 18 11 -4 -11: Water And Sewer Systems 19 11 -4 -12: Sidewalks And Pedestrianways 20 11 -4 -13: Public Utilities 21 11 -4-14: Dead and / or Diseased Trees 22 11 -4 -15 Nonconforming Provisions 23 24 11 -4 -16: Official survey markers 25 11 -4-1: GENERAL CONDITIONS: 26 27 , 28 , 29 , 30 , BaRits 31 saweF syrAerns , 32 of Q2*d r o l- 11 L-- --pj@Fffiity With 8P 33 34 , 35 36 Upon receipt of preliminary Plat approval by the Council and Prior to 37 Council approval of the final Plat, the subdivider shall make Provision. in 38 the manner hereinafter set forth, for the installation of all improvements 39 required by the City. The improvements may include but are not limited to. 40 streets. sidewalks / trails. Public water systems, sanitary sewer systems. 41 surface and storm drainage systems. and Public utility services. The 42 improvements shall be at the sole expense of the subdivider, with the 43 exception of Trunk Sanitary Sewer Trunk Water Main and Regional Trail 44 Improvements. The installation of said improvements shall be in 45 conformity with approved construction plans and specifications and all 46 agoplicable standards and ordinances. Such improvements can be installed .l 41 • f 1 publicly or privately as identified in the City's Development Guidelines for 2 Infrastructure Improvements. • 3 4 11 -4 -2: DEVELOPMENT CONTRACT: Prior to the installation of any 5 required improvements and prior to anal release of the final plat for 6 recording the subdivider shall enter into a contract with the city to construct said 7 improvements at the sole expense of the subdivider with exception to Trunk 8 Sanitary Sewer Trunk Water Main. and Regional Trail improvements and in 9 accordance with approved construction plans and specifications and all 10 applicable standards and ordinances. Said contract shall provide for the 11 supervision of construction by the Engineer, and said contract shall require that 12 the city be reimbursed for all costs incurred by the city for engineering and legal 13 fees and other expenses in connection with the making of such improvements. 14 The performance of said contract shall be financially secured by a cash escrow 15 deposit or irrevocable letter of credit as hereinafter set forth. (Ord. 1 OFF, 8-5- 16 2002) 17 18 11 -4-3: FINANCIAL SECURITY: The development contract shall require 19 the subdivider to make a cash escrow deposit or, in lieu thereof, to furnish a letter 20 of credit in the following amounts and upon the following conditions: 21 22 A. Escrow Deposit and / or Letter of Credit The subdivider shall deposit 23 with the Finance Directorlfreasurer a cash amount as required by the development with the total cost of sum improvements as • 24 city contract 25 estimated by the Engineer and / or identified in the contract In lieu 26 of a cash escrow deposit the subdivider may furnish an 27 irrevocable letter of credit with a banking institution acceptable to 28 the City. The amount shall include + the estimated expenses 29 of the city for engineering and legal fees and other expenses incurred 30 by the city in connection with the making of such improvements. 31 32 866Few deposit, the owbdividsF may 33 34 35 by the @RgiRe 0 --XwArme of the oily OR 36 d legal fees and 64148F GNPORsers *Rr5,wFmd by the city 37 38 39 B. C Conditions: The development contract shall provide for a completion date 40 on which all of the required improvements shall be fully installed, 41 completed and accepted by the city. The completion date shall be 42 determined bathe engineer and the 43 subdivider, and shall be reasonable in relation to the construction to be 44 performed, the seasons of the year and proper correlation with 45 46 construction activities in the subdivision. The development contract shall provide that in the event the required improvements are not completed 41 \_ J • 0 1 within the time allotted, the city shall be allowed to exercise its power to 2 me2nitor no the redeem the letter of credit or utilize the cash escrow 3 deposit to complete the remaining construction to city standards and 4 specifications. In the event the amount of funds recovered is insufficient to 5 cover the cost of construction, the Council may assess the remaining cost 6 to the lands within the subdivision. (Ord. 1 OFF, 8 -5 -2002) 8 11 -4-4: CONSTRUCTION PLANS: Preliminary c onstruction plans and 9 specifications for the required improvements conforming in all respects with the 10 standards and ordinances of the city shall be prepared at the expense of the 11 subdivider by a registered professional engineer licensed fsqia� by the 12 state. In urban areas, final construction plans and specifications will be 13 prepared by the City Engineer at the expense of the subdivider and shall 14 follow the Development Guidelines for Infrastructure Improvements. Such 15 plans and specifications shall become a part of the development 16 contract. 17 (Amended Ord. 10, 2 -15 -1972) 18 19 11 -4 -5: INSPECTIONS: All required improvements shall be inspected 20 during the course of construction by the Engineer or their representative and 21 acceptance of said improvements by the city shall require the prior written 22 certification by the Engineer that said improvements have been constructed in 23 compliance with the plans and specifications. (Amended Ord. 10, 2 -15 -1972) 24 25 11 -4-6: PRfirMXiST COMPLETED IMPROVEMENTS: Improvements 26 which have been completed prior to application for final plat approval or 27 execution of the performance contract shall be accepted as equivalent 28 improvements, provided the Engineer shall certify in writing that said 29 improvements conform to city standards. (Amended Ord. 10, 2 -15 -1972) 30 31 11 -4 -7: COMPLETED IMPROVEMENTS DOCUMENTED: Upon 32 completion of installation of all required improvements in a rural development 33 the subdivider shall file with the City Engineer one molar drawing. one 34 paper drawing, and one digital copy of plans 35 (2) GGIR Of PIGIas and specifications showing all improvements as finally 36 constructed and installed If the completed improvements were constructed 37 as an urban development the City will prepare the final copies of plans and 38 specifications as 'finally constructed and installed at the expense of the 39 owner or developer. (Amended Ord. 10, 2 -15 -1972) 42 V 1 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 11 -4 -8: STREET IMPROVEMENT 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 ado b 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 adopted approved by the City Council. 3. ; Erosion Control The portion of 4 skmat OgM of Way the right -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_ 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 signs -@4 a- desicjR sign plan will be designed and approved by the city as per the Minnesota Manual on Uniform Traffic Control Devices. shall be 614stallsd-at-��W 7. Screening: Screen planting shall be as required by City Code Title 12 -14-5 8. Street Lights: The subdivider shall be responsible for the installation of lights as identified in the Development Agreement. 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 adopted by Fe approved by the City Council. ' See also sections 9-1-5,9-10-3 and 11 -3 -3N of this code. 43 1 2. Pavina: All streets shall be Daved with concrete or bituminous 2 surfacing in accordance with the standards and specifications that • 3 have been approved by the City Council. 4 5 3. Qinddema Qr& Erosion Control 6 The portion of the rig ht -of -wav between the street and 7 the property line shall receive a minimum of four inches (4 ") of 8 approved topsoil and shall be sodded or seeded with the appropriate 9 seed mixture and application rate., a mulched and the mulch =MW disc 10 anchored as required in the city standards. 11 12 4. Driveways: Driveways shall be hard surfaced from the street to the 13 property line. 14 15 5. Street Signs: A street signs plan 16 will be designed and approved 17 by the City as per the Minnesota Manual on Uniform Traffic Control 18 Devices. 19 20 6. Screening: Screen planting shall be as required by tie- plait+r@ 21 a utheFO City Code Title 12 -14-5 22 23 7. Street Lights: The subdivider shall be required to install street • 24 25 lights as identified in the Development Agreement 26 C. Required Intersection Improvements on City or County Roads: 27 28 1. The subdivider shall be required to pay a proportionate share of 29 all costs associated with required intersection improvements along 30 County roads and City streets when new developments trigger the 31 need for uparades (i.e. right and left turn lanes, bypass lanes. and 32 deceleration lanes). 33 2. The subdivider shall make the required improvements as a part of 34 the street improvements for the new development as identified in the 35 preliminary plat approval. 36 3. The City Council may elect to construct such improvements as an 37 assessment project in which the subdivider shall accept an 38 assessment for a proportionate share of the improvements as 39 identified in the preliminary plat approval. 40 41 42 D. Phased Construction Requirements: To enable adjacent properties 43 to develop in a timely manner. the City shall have the riaht to require as a 44 part of the final plat of any phase the dedication of appropriate easements 45 and / or riaht of way and extension of streets and / or utilities through 46 future phases to such an extent as to assure that the extension of utilities 47 to adjacent properties will be completed with the first phase. See also sections 9-1 -5, 9 -10 -3 and 11 -3-3N of this code. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 C51 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 ard apagificatiqRs- by the ei%o the City of Andover's Water Resource Manaaement Plan and / or the Coon Creek Watershed District or Lower Rum River Watershed Management Organizations' 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: GEOTECHNICAL REPO aity. (Amended 94, 19. 2 I 1 0721 The subdivider shall submit a standard geotechnical report with a history and recommendations regarding the site. In addition, the report shall include SCS soil types, mottled soil elevations or highest anticipated water table, existing groundwater elevation, and soil borings 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 40 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 pedesMaa 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 ' f ) wide in a location determined by the City Engineer and shall be a meets the definition and location of a regional trail, then the City will fund such improvements. If an intemal trail is required through the platting process and does not meet the definition and location of a regional 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 45 x s U 0 1 equipment electric and gas service lines shall be placed underground 2 within dedicated public ways or recorded easements in such manner as 3 not to conflict with other underground services and in accordance with city 4 standards. All underground installation of service lines within street rights - 5 of -way shall be completed as determined by the City Engineer i 6 7 , M 10 B. Utility Poles: All utility poles, except those providing street lighting, shall be 11 placed in rear lot line easements. 12 . C. Easements: All underground utility service lines, including water, 13 drainage and sanitary sewer systems, which traverse private property 14 shall be installed within recorded easements. (Amended Ord. 10, 2- 15 15 -1972) 16 D. Overhead Utilities: All existing overhead utilities within the plat shall 17 be buried at the expense of the subdivider. 18 19 E. Phased Construction Requirements: As part of any phase of 20 development the City shall have the right to require the dedication of 21 appropriate easements and the construction of streets and utilities to 22 the edge of the development through future phases. Extension of 23 streets and utilities will enable adjacent properties to develop in _a_ 24 timely manner. 25 26 11 -4-14: DEAD AND / OR DISEASED TREES: Dead and / or diseased 27 trees shall be required to be treated and /or removed as per City Code Title 28 4-3 and as identified in the Development Agreement 29 30 11- 444 NONCONFORMING PROVISIONS: Nonconformance with the 31 standards and ordinances of the city in the development of property by the 32 subdivider or his/her agents shall be cause for the Engineer or the Administrator 33 to order cessation of all construction within the subdivision. In such event, no 34 further construction shall be allowed until written authorization is obtained from 35 the city. (Amended Ord. 10, 2 -15- 1972). 36 37 11 -4 -16: OFFICIAL SURVEY MARKERS: Official survey markers or iron 38 monuments shall be placed at the corner of each lot The locations of each 39 shall be shown on the final plat. Weed at @ash 40 41 42 43 44 ', m e TITLE 11 REVISED w/o EDITS SUBDIVISION REGULATIONS Subject Chapter General Subdivision Provisions ... ..............................1 Subdivision Plats And Procedures .............................2 • Design Standards ........................ ..............................3 Required Improvements ............... ..............................4 0 1 R 11 1 CHAPTER1 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) 1 2 11 -1 -2: INTERPRETATION, SCOPE AND APPLICATION OF 3 PROVISIONS: 4 A. Interpretation And Scope: All land subdivisions within the city shall 5 equal or exceed the standards set forth in this title. The standards 6 established by this title are not intended to repeal, abrogate, annul or 7 impair private agreements or restrictive covenants, including state and 8 county regulations running with the land, which are equal to or more 9 restrictive than the standards hereby established; except, that the most 10 restrictive shall apply. 11 B. Application Of Provisions: The provisions of this title shall apply to all 12 Registered Land Surveys within the city, and the standards, regulations 13 and procedures hereof shall govem the subdivision of land by 14 Registered Land Survey. Building permits shall be withheld on tracts that 15 have been subdivided by unapproved Registered Land Surveys, and the 16 City shall decline to accept tracts as streets or roads or to improve, S 17 repair or maintain such tracts within an unapproved Registered Land 18 Survey. (Amended Ord. 10, 2 -15 -1972) • 0 • .i 1 2 11 -1 -3: PLATTING AUTHORITY: The Council shall serve as the platting 3 authority in accordance with Minnesota State Statutes Chapter 462.358. No plat, 4 replat, subdivision of land or Registered Land Survey shall be filed or accepted 5 for filing by the County Recorder unless it is accompanied by a certified copy of a 6 resolution adopted by the affirmative vote of a majority of the members of the 7 Council approving such plat, replat, subdivision of land or Registered Land 8 Survey. (Amended Ord. 10, 2 -15 -1972) 9 10 11 -1-4: DEFINITIONS: For the purpose of this title, certain words and 11 terms are hereby defined as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 Community Development 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 edge of street that has no curb and the property line. 35 BUILDABLE LOTS: Lots that conform to the requirements of Section 11 -3-6 of 36 this title. 37 BUTT LOT: A lot located between two (2) comer lots. 38 CITY: The City Administrator or his/her designee. ki 4 1 2 CITY COUNCIL: Council of the City of Andover. 3 COMPREHENSIVE 4 PLAN: Unless otherwise stated, it is the general plan for land use, 5 transportation, and community facilities adopted by the 6 City Council. 7 DESIGN 8 STANDARDS: The specifications to landowners or subdividers for the 9 preparation of plats, both preliminary and final, indicating 10 among other things, the optimum, minimum or maximum 11 dimensions of such items as rights -of -way, blocks, 12 easements, lots, etc. 13 14 EASEMENT: A grant by a property owner for the use of a portion of 15 land for the express purpose of constructing and 16 maintaining streets, trails, slopes, sidewalks, grade 17 transitions, utilities, including, but not limited to, electric 18 and telephone lines, sanitary and storm sewer lines, 19 water lines, surface drainageways, cable TV, and gas 20 lines. 21 22 ENGINEER: Denotes the City Engineer unless otherwise stated. 23 24 FINAL PLAT: A drawing or map of a subdivision that meets all of the 25 requirements of the City and is in such form as meets state 26 and county requirements for purposes of recording. 27 28 GRADE, SLOPE 29 OR GRADIENT: The rate of vertical rise or drop from any fixed horizontal line 30 or point. 31 32 IMPROVEMENTS: The construction or installation of public or private utilities 33 including, but not limited to, potable water, sanitary sewer 34 systems, storm sewers, roads and other thoroughfares, 35 sidewalks, trails, curbs and gutters, paving, barricades, trees 36 and other plantings, lighting, fuel or energy and the 37 transmission thereof, transportation systems or facilities 38 connected therewith and communication systems which are 39 necessary, desirable or convenient in the maintenance of the 40 health, safety and the general welfare. 41 42 LOT: A parcel of land delineated upon and thereafter described by 43 reference to a plat, Registered Land Survey or Auditor's 44 Subdivision, or other similar recorded dedicatory document. 45 46 MAINTENANCE 4 5 1 ACCESS: An access for the use of a portion of land and /or easement • 2 for the express purpose of maintaining municipal 3 watermain, sanitary sewer, storm sewer, and other 4 municipal facilities. 5 6 OPEN SPACES: Areas set aside for the preservation of natural open spaces 7 to counteract the effects of urban congestion and 8 monotony. 9 10 OWNER: Any combination involving a person; firm; corporation, 11 including a foreign, domestic or nonprofit corporation; a 12 partnership, including a limited partnership; a trust; a 13 political subdivision of the state; or other legal entity or 14 business organization, having sufficient legal proprietary 15 interest in the land sought to be subdivided to commence 16 and maintain proceedings to subdivide the same under 17 this title. 18 19 PARKS AND 20 PLAYGROUNDS: Public lands and open space in the city dedicated for use 21 for recreation purposes. 22 23 24 TRAIL: A public right -of- -way or easement within or across a block or 25 blocks to provide access for pedestrians and multi -users 26 which also may be used for underground public and private 27 utilities. 28 29 PLANNING 30 COMMISSION: The Planning Commission of Andover. 31 32 PRELIMINARY 33 PLAT: The tentative drawing or chart indicating the proposed 34 layout of the subdivision to be submitted hereunder in 35 compliance with the Comprehensive Plan and those 36 regulations including required supporting data. 37 38 PROTECTIVE 39 COVENANTS: Contracts made between private parties as to the manner in 40 which land may be used, with the view of protecting and 41 preserving the physical and economic integrity of a given 42 area. 43 44 REQUIRED 45 PUBLIC 46 IMPROVEMENTS: Those improvements in any proposed subdivision, 5 I • 1 including streets, water and sanitary sewer systems, storm 2 water drainage systems, sidewalks, trails, and others 3 which are required in connection with the approval of any 4 plat or other subdivision. 5 6 RIGHT -OF -WAY: A strip of land acquired by dedication, reservation, 7 prescription or condemnation occupied or intended to be 8 occupied by a street, sidewalk, trail, snow storage, traffic 9 control signs and devices, utilities and utility structures and 10 drainage. (Amended Ord. 314,10-4-2005) 11 12 SEASONAL 13 HIGH WATER 14 MARK: The elevation of mottled soils or the highest anticipated 15 groundwater table. 16 17 SKETCH PLAN: An informal drawing or sketch of the proposed development 18 submitted to the City for consideration prior to submittal of . 19 the preliminary plat. 20 21 STREET: A public or private roadway intended to be used for the 22 passage or travel by vehicles, pedestrians, bicyclists and 23 related maintenance equipment. (Amended Ord. 314, 10 -4- 24 2005) 25 26 Arterial Streets: The major traffic carriers feeding to the state highway system. 27 City arterials are comprised mostly of existing county roads 28 in the City as defined in the Comprehensive Plan. 29 30 Local 31 Rural City 32 Street: A street located in the rural area that serves abutting 33 properties and the local needs for a neighborhood. 34 35 Local 36 Urban City 37 Street: A street located in the urban area used primarily for access 38 to the abutting properties and the local needs for a 39 neighborhood. 40 41 Major Collector 42 Street: Collector street with more than 2,500 average daily trips 43 (ADT). 44 45 Minor Collector 46 Street: Collector street with 2,500 or fewer average daily trips 31 7 1 (ADT). 2 3 Cul -De -Sac: A street with only one outlet and having an appropriate 4 terminal for the safe and convenient reversal of traffic 5 movement. 6 7 Service Street: A street which is adjacent to a thoroughfare and which 8 provides access to abutting properties and protection from 9 through traffic. 10 11 STREET WIDTH: The distance between the back of the curb to the back of 12 the curb or from the edge of pavement to edge of 13 pavement if curbing does not exist. 14 15 SUBDIVIDER: Any person, firm or corporation having sufficient 16 proprietary interest in land in order to subdivide the same 17 under this title. 18 19 SUBDIVISION: The division of a tract of land into two (2) or more lots or 20 parcels of land for the purpose of transfer of ownership or 21 building development. The term includes resubdivision and, 22 when appropriate to the context, shall relate to the process • 23 24 of subdividing or to the land subdivided. 25 TOPSOIL 26 BORROW: For general use as a turf growing medium shall meet the 27 requirements outlined in the most current MNDOT standard 28 specifications for construction and be in accordance with 29 MNDOT 3877 topsoil borrow or as approved by the City 30 Engineer. (Amended Ord. 10, 2 -15 -1972; amd. 2003 Code; 31 Ord. 273, 9-2 -2003) 32 33 TRAFFIC IMPACT 34 STUDY: A study of existing traffic and anticipated traffic conditions 35 with and without the traffic impacts of the development. The 36 study should include proposed mitigation of impacts and 37 resulting traffic conditions. 38 39 11 -1 -5: EASEMENTS TO BE DEDICATED: 40 41 A. Dedication Of Easements: Final plats shall identify and dedicate all 42 easements for utilities, drainage, street rights -of -way, surface water 43 ponding and such other public uses as shall be found necessary, 44 convenient or desirable by the City to ensure the timely extension of 45 utilities to adjacent properties. Lots served by municipal services shall 46 have 5 -foot drainage and utility easements along the side lot lines and 10- 7 Y t • 1 foot drainage and utility easements along the front and rear lot lines. Lots 2 without municipal services shall have 10 -foot drainage and utility 3 easements along all property lines. Easements for trails and maintenance 4 access will be dedicated on a separate document. 5 6 B. Submission To City Council: Prior to the submission of a final plat, 7 Registered Land Survey or land subdivision to the City Council for 8 approval, the subdivider shall furnish the City with all easements for trails, 9 maintenance access, and such other public uses as shall be found to be 10 necessary, convenient or desirable by the City. Said easements shall be 11 in proper form for recording in the office of the County Recorder. 12 Duplicate certificates of title shall be made available for the filing of 13 easements on registered land. No final plat shall be approved by the City 14 Council until there has been full compliance with this section. 15 16 C. Necessity of Easement Determined: In the case where the land 17 subdivision is to be approved administratively and the city determines that 18 an easement is necessary as stated in this section, the City Council shall 19 act on the subdivision to determine the need and extent of the easement 20 to be dedicated. The subdivider shall furnish the City with all easements 21 found to be necessary by the City Council. (Amended Ord. 10, 2 -15 -1972) 22 23 11 -1-6: RESTRICTIONS ON FILING AND RECORDING CONVEYANCES: • 24 25 A. Restrictions On Filing And Recording: 26 1. No conveyance of land to which these regulations are applicable shall 27 be filed or recorded if the land is described in the conveyance by metes 28 and bounds or by reference to an unapproved Registered Land Survey 29 made after April 21, 1961, or to an unapproved plat made after such 30 regulations became effective. This provision does not apply to a 31 conveyance if the land described: 32 33 a. Was a separate parcel of record April 1, 1945, or the date of 34 adoption of subdivision regulations under Laws 1945, Chapter 287, 35 whichever is the later, or of the adoption of subdivision regulations 36 pursuant to a home rule charter; or 37 38 b. Was the subject of a written agreement to convey entered into 39 prior to such time; (Amended Ord. 10, 2 -15 -1972) 40 41 c. Was a separate parcel of not less than two and one -half (2 112) 42 acres in area and one hundred fifty feet (150') in width on January 43 1, 1966, or is a single parcel of land not less than five (5) acres in 44 area and having a width of not less than three hundred feet (300'), • 45 and its conveyance does not result in the division of the parcel into five 46 two (2) or more lots or parcels, any one of which is less than (5) 11 I f 1 acres in area or three hundred feet (300') in width, except land that 2 is in the Rural Reserve area and is further restricted by the 3 subsection that follows; and except as allowed by City Code 4 Section 13 -1. 5 6 d. Is located in the Rural Reserve area (as designated in the 7 Andover Comprehensive Plan) and is residential or agricultural land 8 of not less than forty (40) acres or less than five hundred feet (500') 9 in width and its conveyance does not result in the division of the 10 parcel into two (2) or more lots or parcels, any one of which is less 11 than forty (40) acres in area or five hundred feet (500') in width. The 12 following exception is allowed, excluding minor parcels that will not 13 allow for additional building units that will not impede future 14 development of the Rural Reserve upon approval of the City 15 Council. (Ord. 274, 9 -2 -2003) 16 17 e. When a property owner, either residential or commercial, wishes 18 to move interior lot lines and by doing so does not create any 19 additional buildable lots by moving said property lines, and the 20 moving of said property lines does not create any lot which is below 21 the standards for the applicable zoning district in which it lies, such 22 new property descriptions may be approved administratively by the 23 City if the resulting configuration will have no adverse effects on 24 surrounding property. Should the City_determine the moving of 25 interior lot lines may have an adverse effect on either adjoining 26 property or may circumvent other applicable zoning restrictions, the 27 City then shall require the request be processed as a variance to 28 this title by both the Planning Commission and the City Council. 29 Any lot so re- aligned shall be accompanied by a certificate of 30 survey. 31 32 B. Hardship: In any case in which compliance with the foregoing restrictions 33 will create an unnecessary hardship and failure to comply does not 34 interfere with the purpose of this title, the Council may waive such 35 compliance by adoption of a resolution to that effect. The conveyance may 36 then be filed or recorded. 37 38 C. Penalty: Any owner or agent of the owner of land who conveys a lot or 39 parcel in violation of the provisions of this section shall forfeit and pay to 40 the City a penalty of not less than one hundred dollars ($100.00) for 41 each lot or parcel so conveyed. The City may enjoin such conveyance or 42 may recover such penalty by a civil action in any court of competent 43 jurisdiction. (Amended Ord. 10, 2 -15 -1972) 44 45 11 -1 -7: RESTRICTIONS ON ISSUANCE OF PERMITS: . 46 10 I A. Improvements: All electric, cable TV, telephone, communications 2 equipment and gas distribution lines or piping, streets, sidewalkshrails 3 and other similar improvements shall be constructed only within public 4 right -of -way, which is designated on an approved plat, or properly 5 indicated on the official map of the City, or which has otherwise been 6 approved by the Council. (Amended Ord. 10, 2 -15 -1972) 7 8 B. Access: No permit for the erection of any building shall be issued unless 9 such building is to be located upon a parcel of land abutting a public 10 street right -of -way which has been accepted and is currently maintained 11 by the City, or which has otherwise been approved by the City Council. 12 This limitation on issuing permits shall not apply to Planned Unit 13 Developments approved by the City Council pursuant to Title 13, Chapter 14 3 of this code. (Amended Ord. 10, 2 -15 -1972; amd. 2003 Code) 15 16 C. Limitations: No building permit shall be issued for the erection of any 17 building on any land conveyed in violation of the provisions of this title. No 18 permit shall be issued for the erection of any building on any tract of land 19 described by metes and bounds and consisting of less than five (5) acres 20 and having a width of less than three hundred feet (300'). (Amended Ord. 21 10, 2 -15 -1972) 22 23 11 -1 -9: VARIANCES: 24 25 A. Hardship: The Council may grant a variance from the requirements of this 26 title as to speck tracts of land where it is shown that by reason of 27 topography or other physical conditions strict compliance with these 28 requirements could cause an exceptional and undue hardship to the 29 enjoyment of a substantial property right; provided, that a variance may 30 be granted only if the variance does not adversely affect the adjacent 31 property owners and Comprehensive Development Plan or the spirit and 32 intent of this title. 33 34 B. Procedure: Written application for a variance shall be filed with the Clerk, 35 and shall state fully all facts relied upon by the applicant. The application 36 shall be supplemented with maps, plans or other data that may aid in an 37 analysis of the matter. The application shall be referred to the Planning 38 Commission for its recommendation and report to the Council. 39 40 C. Council Action: No variance shall be granted by the Council unless it shall 41 have received the affirmative vote of a majority of the full Council. 42 (Amended Ord. 10, 2 -15 -1972) 43 44 11 -1 -10: ENFORCEMENT AND PENALTY: • 45 46 A. Unless approved as a final plat as provided herein, no plat shall be entitled 10 r • I to record in the County Recorder's office or have any validity, and the City 2 shall not issue building permits for any structure on a lot in any proposed 3 subdivision. The City shall not permit any public improvements to be 4 installed unless the preliminary plat is approved and the Development 5 Guidelines for publicly or privately installed infrastructure improvement 6 requirements have been met. 7 8 B. Any firm, person, or corporation who violates any of the provisions of 9 these regulations, shall be charged with a misdemeanor and, upon 10 conviction thereof, shall be punished as defined by state law. 11 12 C. The platting, replatting, subdividing or conveyance of land not in 13 accordance with the requirements of this title may be enforced by 14 mandamus, injunction, or any other appropriate remedy in any court of 15 competent jurisdiction. (Amended Ord. 10, 2 -15 -1972) 16 16 C� E 11 i 12 I CHAPTER 2 • 2 3 SUBDIVISION PLATS AND PROCEDURES 4 5 SECTION: 6 7 11 -2 -1: Sketch Plan 8 11 -2 -2: Preliminary Plat 9 11 -2 -3: Final Plat 10 11 11 -2 -1: SKETCH PLAN: 12 13 A. Procedure: Prior to platting any tract of land, the subdivider may prepare 14 a subdivision sketch plan for review and comment by the Andover 15 Review Committee (ARC), Planning Commission and the City Council. A 16 public hearing by the Planning Commission shall be held in accordance 17 with Chapter 12 -14 -8. A Sketch Plan Fee shall be required of the 18 subdivider for the submission of a sketch plan. Any review time by the 19 ARC shall be billed towards the subdivider. 20 21 B. Compliance With City Provisions; Modifications: On the basis of the 22 subdivision sketch plan, the ARC, Planning Commission and the City 23 24 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 25 ordinances of the city, county, and state. There will be discussion on 26 possible modification necessary to secure approval of the plan. (Amended 27 Ord. 10, 2 -15 -1972; amd. 2003 Code) 28 29 C. Submission And Review: The sketch plan shall be submitted and reviewed 30 in accordance with the following procedures: 31 32 1. The applicant shall submit a Sketch Plan Review fee as defined in the 33 Fee Schedule adopted by Ordinance by the City Council. 34 35 2. The subdivider shall submit ten (10) copies of the sketch plan to the 36 City for review by the Andover Review Committee (ARC). The ARC shall 37 review and comment on the sketch plan within ten (10) days of the 38 submittal by the subdivider. 39 40 3. After the public hearing and the Planning Commission review and 41 comment, the sketch plan shall be placed on the next available City 42 Council agenda for Council review and comment. 43 44 D. Required Information: The subdivider shall provide the information as . 45 listed on the Sketch Plan application. 46 12 • I E. Additional Requirements: The subdivider shall be required to show 2 adjacent property and any other property as determined necessary for 3 proper review as required by the ARC, Planning Commission, and City 4 Council. (Amended Ord. 10, 2 -15 -1972) 5 6 11 -2 -2: PRELIMINARY PLAT: 7 8 A. Minimum Lot Size: There shall be no conveyance of land described by 9 metes and bounds if the conveyance is less than five (5) acres in area and 10 three hundred feet (300') in width; except as allowed by City Code Section 11 13 -1. 12 13 B. Procedure: Prior to platting and subdividing any tract of land into more 14 than two lots, the following procedures shall be followed: 15 16 1. ARC Review: 17 18 a. The subdivider shall file ten (10) copies of the preliminary plat 19 with the City for review by the Andover Review Committee. 20 21 b. The Andover Review Committee shall review preliminary plat 22 submissions pursuant to Minnesota State Statutes and the City 23 24 Code. 25 2. Fee: At the time of the filing of the preliminary plat, the subdivider shall 26 pay a preliminary plat fee as defined in the Fee Schedule adopted by 27 Ordinance by the City Council. 28 29 3. Required Data: Preliminary plat applications shall not be considered 30 complete until the requirements listed on the Preliminary Plat Checklist 31 have been met. The Preliminary Plat Checklist is on file with the City. 32 33 4. The City staff shall submit a written report to the Planning Commission, 34 which shall deal with drainage, streets, and other planning and 35 engineering matters pertinent to said preliminary plat. Said report shall be 36 submitted to the Planning Commission prior to the public hearing 37 prescribed in this section. 38 39 5. Public Hearing Process: Public Hearings shall be held pursuant to 40 Minnesota State Statute 462.358 and according to City Code Title 12 —14 41 -8. At said hearing, all persong interested in the plat shall be heard. 42 (Amended Ord. 314, 10-4 -2005) 43 44 6. Council Action: 45 46 a. After the Planning Commission acts on the preliminary plat, the 13 14 I Council shall approve, disapprove, or modify the preliminary plat. 2 The date of the meeting shall be at the discretion of the City and in 3 adherence to the 120 -Day Rule as defined in Minnesota State 4 Statute 462.358 Subd. 3b. 5 6 b. If the Council should deny the plat, the grounds for any such 7 denial shall be set forth in the proceedings of the Council and 8 reported to the subdivider within fourteen (14) days thereafter. 9 10 c. Approval of a preliminary plat by the Council is tentative only, 1 l subject to the compliance with all requirements and 12 recommendations in the preliminary plat resolution as a basis for 13 preparation of the final plat. 14 15 6. Petition To Rezone: At the time of the filing of the preliminary plat, the 16 subdivider shall submit to the City a petition for rezoning to the proposed 17 future use of said land if the land is not already so zoned. The owner of 18 said land shall join in said petition. 19 20 11 -2 -3: FINAL PLAT: 21 22 A. Procedure: Prior to Council approval of a final plat, the following • 23 24 procedures shall be followed: 25 1. Application: The Final Plat Fee shall be paid at the time of Final Plat 26 Application. The fee is determined by the Fee Ordinance adopted by the 27 City Council. 28 29 2. Filing of Final Plat: Within one year following approval of the preliminary 30 plat, unless an extension of time is requested in writing by the subdivider 31 and granted by the Council, the subdivider shall file seven (7) copies of 32 the final plat with the City and shall pay a filing fee as set by ordinance 2 . 33 The final plat shall incorporate all changes required by the Council, and in 34 all other respects, it shall conform to the preliminary plat as approved. If 35 the final plat is not filed within one year following approval of the 36 preliminary plat, the approval of the preliminary plat shall be considered 37 void. 38 39 3. Plat Phasing: final plat may constitute only that portion of the 40 preliminary plat which the subdivider proposes to record and develop at 41 that time; provided, that such portion shall conform to all requirements of 42 this title, and provided further, that the remaining portions of the 43 preliminary plat not proposed to be recorded, developed and submitted as 44 a final plat, or granted an extension, shall be subject to the right of the City • 45 to adopt new or revised platting and subdivision regulations, as provided 2 See subsection 1 -7 -3H of this code. 14 I i in Minnesota State Statute 462.358 Subdivision 3c. (Amended Ord. 10, 2- 2 15 -1972; amd. 2003 Code) 3 4 4. Filing Of Plat And Abstract: At the time of filing the final plat with the 5 City, the subdivider shall also file with the City an abstract of title or 6 registered property abstract, certified to date, evidencing ownership of the 7 premises involved in the plat. 8 9 5. Required Final Plat Data: Final Plat applications shall not be 10 considered complete until the requirements listed on the Final Plat 11 Checklist have been met. The Final Plat Checklist is on file with the City. 12 13 6. Compliance With Law: The final plat shall be prepared in accordance 14 with all applicable laws and regulations of controlling governmental 15 agencies. 16 17 B. Council Action: The Council shall act on the final plat within sixty (60) days 18 of the date on which it was filed with the City, per State Statute 462.358 19 Subd. 3b. The final plat shall not be approved if it does not conform to the 20 preliminary plat, including all changes required by the Council, or does not 21 meet the engineering and design standards and specifications of the City. 22 23 C. 24 Recording Final Plat: Following approval of the final plat by the Council, the City shall promptly notify the subdivider of said approval. Pursuant to 25 Minnesota State Statute 462.358, the applicant shall have two years to 26 file the plat with the County Recorder. If the plat has not been recorded 27 with the County within two years of City Council approval, then the City 28 may request that the subdivider resubmit an application and any changes 29 in the City's comprehensive plan or subdivision controls may apply to the 30 plat. The subdivider shall forthwith furnish the City with a receipt from the 31 County showing evidence of the recording of the final plat. The 32 subdivider shall submit a digital copy of the final plat to the City Engineer. 33 Failure of the subdivider to comply with the requirement of recording shall 34 be cause for rescission of approval. 35 36 37 r1 LJ 15 16 I CHAPTER 3 . 2 3 DESIGN STANDARDS 4 5 SECTION: 6 7 11 -3 -1: General Requirements 8 11 -3 -2: Street Plan 9 11 -3 -3: Streets 10 11 -3-4: Easements 11 11 -3 -5: Blocks 12 11 -3 -6: Lots 13 11 -3 -7: Parks, Playgrounds, Open Space And Public Uses 14 11 -3 -8: Trails 15 16 11 -3 -1: GENERAL REQUIREMENTS: 17 18 A. The Planning Commission, in its review of a preliminary plat, shall 19 determine whether the proposed subdivision is in conformity with the 20 Comprehensive Plan and shall take into consideration the requirements of 21 the City and the best use of the land. Particular attention shall be given to 22 the arrangement, location and widths of streets, drainage and lot sizes 23 24 and arrangements. 25 B. The preliminary plat shall cover all of the owner's contiguous land or any 26 other property of the owner as deemed necessary by the Planning 27 Commission in consideration of rural and urban differences, the zoning 28 ordinance and the Comprehensive Plan. 29 30 C. Where the parcel of land is subdivided into tracts larger than required for 31 building lots, such tracts shall be divided so as to allow for the opening of 32 streets and ultimate extension of adjacent streets. 33 34 D. Unplatted portions of land (outlots) or private easements controlling 35 access to public ways shall not be approved within the plat. (Amended 36 Ord. 10, 2 -15 -1972) 37 38 E. Minnesota Statutes 462.358, Subdivision 2A, authorizes the City to 39 condition approval of the subdivision of property on the construction and 40 installation of certain utilities. The intent of this section is to specifically set 41 out the required improvements that promote and protect the public health, 42 safety and general welfare. The City reserves the right to require 43 additional improvements if deemed necessary by circumstances and 44 conditions unique to these particular lands. No subdivision of land is • 45 allowed in the area designated on the Comprehensive Plan as "Rural 46 Reserve" unless storm sewer, sanitary sewer and a municipal water 16 . I supply are constructed to serve the area being divided. (Ord. 274, 9 -2- 2 2003) 3 4 F. Required Buffer Area From Rural Areas or Neighborhoods: All residential 5 developments constructed with municipal sewer and water may be 6 required to provide buffering from rural neighborhoods outside of the City's 7 Municipal Urban Service Area (MUSA) except when adjacent areas 8 outside of the existing MUSA that are planned for future urban 9 development. 10 11 1. Buffer Area Location: Buffer areas shall be located as close to 12 property lines between proposed urban and existing rural properties 13 as practicable. 14 15 2. Buffer Area Requirements: Buffer areas shall provide a consistent 16 level of physical separation and/or visual screening to provide a 17 transition between urban and rural developments. The extent of 18 the requirements shall be determined by the City Council at the 19 time that the preliminary plat is reviewed. These requirements shall 20 be based on the existing and proposed topography and vegetation 21 within and surrounding the proposed development and may include 22 one or more of the following: 23 24 a. Additional lot width or depth to provide physical separation 25 b. Tree save areas to provide visual screening 26 C. Tree planting areas to provide visual screening 27 d. Relocation of drainage areas to preserve existing trees 28 and /or area for new trees to be planted. 29 e. A combination of the above or others as needed to provide a 30 significant and consistent buffer area. 31 32 3. Exemption: In the event that a significant and consistent buffer is 33 provided by existing trees, wetlands, floodplain or other topographic 34 or hydrologic features, the Council may determine that no additional 35 requirements are necessary. (Amended Ord. 331, 6-6 -2006) 36 37 11 -3 -2: STREET PLAN: 38 39 A. Compliance With Comprehensive Plan: The arrangement, character, 40 extent, width, grade and location of all streets shall conform to the 41 Comprehensive Plan, the approved standard street specifications, and all 42 applicable ordinances; and all streets shall be considered in their relation 43 to existing and planned streets, to reasonable circulation of traffic, to 44 topographical convenience and safety, and in their appropriate relation to 45 the proposed uses of the area to be served. 46 17 • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 B. Continuation of Existing 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 major collector streets. Such lots may front on service roads with entrances to the above or at intervals as determined by the County or City. (Amended Ord. 10, 2- 15 -1972) 11 -3 -3: STREETS: A. Widths: 1. All right of way and street widths shall conform to the following minimum dimensions: 9 18 19 20 21 22 23 24 25 26 Classification Right of Way Width Typical street Width Back of Curb to Back of Curb Arterial 120 feet Variable Collector — major 80 -120 feet, as determined by the City Engineer Variable Collector — minor 66 -100 feet, as determined by the City Engineer Local urban-city street 60 feet 33 feet Local rural -city street 60 feet 31 feet Cul-de -sac 120 -foot diameter 93 foot diameter Service 60 feet 33 feet 2. Additional right -of -way and street widths may be required depending upon anticipated traffic volume, planned function of street and character of abutting land use, and fire code requirements. 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) 27 C. Grades: Streets grades shall not exceed seven percent (7 %) for local 28 and collector streets and four percent (4 %) for arterials, and in no case is 29 shall they be less than one -half percent (0.5 %) on streets with concrete 30 curb and gutter. Grades within thirty feet (30) of street intersections 18 • I shall not exceed two percent (2 %). (Amended Ord. 10, 2 -15 -1972; amd. 2 2003 Code) 49 • 3 D. Vertical Curves: Different connecting street gradients shall be 4 connected with vertical curves. Vertical curves shall be designed in 5 accordance with MNDOT guidelines with a minimum design speed of 6 thirty (30) miles per hour or as required by the City Engineer. 7 E. Street Jogs: Street jogs in local and service streets shall have a 8 centerline offset of not less than one hundred fifty feet (150'). Street jogs 9 shall be avoided in all other streets. 10 F. Local Streets: Local streets shall be so aligned that their use by 11 through traffic will be discouraged. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 gutter. 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 an existing or planned major collector or arterial streets or a railroad right - of -way, the City Council 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. The requirements of approach grades and future grade separations shall be considered in establishing the separation distance between said service streets and the street 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. IL] • I K. Private Streets: Private streets shall not be approved. All proposed streets 2 shown on the plat shall be offered for dedication as public streets. 3 L. Adjoining Property: Street right -of -way shall be planned so as to 4 provide proper access to adjoining property. 5 M. Intersections: The angle formed by the intersection of streets shall not be 6 less than sixty degrees (60 with ninety degree (90 °) intersections 7 preferred. Intersections of more than four (4) corners are prohibited. 8 9 N. Any driveway access to a street shall be at least sixty feet (60) from an 10 intersection as measured from the intersecting rights -of -way. 11 12 O Boulevard Sodding': In subdivisions where municipal sewer and water are 13 going to be installed, four inches (4 ") of topsoil and boulevard sodding 14 shall be required. In subdivisions without municipal sewer and water, a 15 minimum of four inches (4 ") of approved topsoil is required on the 16 boulevard. The boulevard shall be sodded or seeded. If seeded, then the 17 seed shall be mulched and disc anchored. Hydroseeding is approved in 18 lieu of seed and mulch. 19 20 P. Tangent: A tangent of at least one hundred feet (100) in length shall be 21 introduced between reverse curves on arterial and collector streets, and a 22 tangent of at least fifty feet (50) in length shall be introduced between 23 reverse curves on all streets except selected minor streets and lanes. 24 25 Q. Corners: Rights -of -way where any two local city streets intersect shall 26 be rounded by a radius of not less than twenty feet (20'). Any rights of 27 way where a city street and a county road intersect shall be rounded by 28 a radius of not less than thirty (30) feet. 29 30 11 -3 -4: EASEMENTS: 31 32 A. Utility Easements: Easements at least twenty feet (20) wide or as 33 determined by the City Engineer, centered on rear and side lot lines, shall 34 be provided for utilities where required by the platting authority. Utility 35 easements shall have continuity of alignment from block to block and lot 36 to lot. Lots served by municipal services shall have a minimum 5 -foot 37 drainage and utility easements along the side lot lines and a minimum 38 10 -foot drainage and utility easements along the front and rear lot lines. 39 Lots without municipal services shall have a minimum 10 -foot drainage 40 and utility easements along all property lines. 41 42 B. Drainage Easements: Where a subdivision is traversed by a wetland, 43 watercourse, drainageway or stream, a drainage easement conforming See also sections 9 -1 -5A, 9 -10 -3 and 11 -4-8 of this code. 20 • I substantially with the lines of such watercourse shall be provided, with 2 further width as shall be adequate for storm water drainage of the 3 areas. (Amended Ord. 10, 2 -15 -1972) 4 5 11 -3 -5: BLOCKS: 6 of three feet (3) above the seasonal high water mark or two feet (2) 7 A. Lengths: The maximum length of blocks shall be one thousand three 8 hundred twenty feet (1,320'). Trail easements at least twenty feet (20') 9 wide may be required at the approximate center of blocks over six 10 hundred sixty feet (660') in length. Provisions for additional accessways 11 to schools, parks, and other public grounds may be required. 12 (3') can be achieved and is warranted. 13 B. Off Street Areas: Blocks intended for commercial, industrial, or uses other 14 than single - family dwellings shall be so designed to provide adequate off 15 street areas for parking, loading, and such other facilities as shall be 16 required by the City Code. 17 material by volume for the front one hundred ten (110') of depth of the lot 18 C. Width: All blocks shall be so designed to provide for two (2) tiers of lots 19 unless conditions exist to render this requirement undesirable. 20 (Amended Ord. 10, 2 -15 -1972) 21 2. Residential Lots Lacking Municipal Sanitary Sewer: No plats within the 22 11 -3-6: LOTS: 23 24 A. Minimum Lot Size: The minimum lot area and dimensions shall be 25 as specified in the respective zoning districts of the City Code. 26 27 B. Buildability Requirements: All lots shall have the lowest floor a minimum 28 of three feet (3) above the seasonal high water mark or two feet (2) 29 above the designated or designed 100 -year flood elevation, whichever is 30 higher unless evidence is submitted and certified by a geotechnical 31 engineer that shall be reviewed and certified by an independent 32 geotechnical engineer hired by the city at the expense of the developer 33 and approved by the City Council that a separation of less than three feet 34 (3') can be achieved and is warranted. 35 36 1. Residential Lots Served By Municipal Sanitary Sewer. Lots served by 37 municipal sanitary sewer shall remove all organic material and replace 38 with granular material with no more than five percent (5 %) organic 39 material by volume for the front one hundred ten (110') of depth of the lot 40 at a minimum width of the lot as required for that zoning district by the City 41 Code. 42 43 2. Residential Lots Lacking Municipal Sanitary Sewer: No plats within the 44 Metropolitan Urban Service Area (MUSA) shall be approved unless • 45 municipal sanitary sewer, municipal water and storm sewer are 46 constructed to serve the proposed development. All lots lacking municipal 21 r • 1 sanitary sewer shall adhere to the following: 2 3 a. A building pad shall be created for each lot with a minimum size 4 of three thousand six hundred (3,600) contiguous square feet. The 5 building official shall determine that the dimensions of the building 6 pad are adequate to locate a house in compliance with all 7 applicable requirements. 8 9 b. The building pad shall be required to have a finished grade of at 10 least six feet (6) above the seasonal high water mark. 11 12 c. All organic material shall be removed from the designated 13 building pad area and replaced with granular material with no more 14 than five percent (5 %) organic material by volume. 15 16 d. There shall be two (2) 5,000- square foot areas designated and 17 staked for the primary and secondary on site septic drainfield based 18 on design criteria for a four (4) bedroom home. The designated 19 drainfield locations as stated above shall comply with City Code 20 Title 10-4 "Individual Sewage Disposal Systems" as amended. 21 22 e. The location of the primary and secondary sites shall be 23 indicated on the preliminary grading plan and the design 24 specifications for the drainfields shall be submitted at the time of 25 the submittal of the preliminary plat for proposed developments and 26 at the time of building permit application for new homes. 27 28 C. Location: All lots shall have at least 50 (fifty) feet of frontage on a 29 publicly dedicated and constructed street. Lot widths are a separate 30 requirement that is measured at the front yard setback. 31 32 D. Comer Lots: Comer lots shall be platted at least ten feet (10') wider than 33 interior lots on all lots of less than three hundred feet (300') in width at 34 the building setback line. Corner lots shall be a minimum of one 35 hundred feet (100') wide as measured at the building setback line or 36 ninety feet (90') wide for back to back lots. 37 38 E. Cul-De -Sac Lots: The minimum lot width at the front setback line for cul- 39 de -sac lots lacking municipal sanitary sewer is one hundred sixty feet 40 (160'). A maximum of two (2) lots lacking sanitary sewer per cul-de -sac 41 are allowed to be platted. 42 43 F. Butt Lots: The use of butt lots shall be avoided wherever possible. 44 45 G. Watercourses: Lots abutting upon a watercourse, drainageway, or 46 stream shall have such additional depth or width as may be required to 22 I protect house sites from flooding and shall be subject to restrictions of 2 the Department of Natural Resources, U.S. Army Corps of Engineers, the 3 Coon Creek Watershed District, the Lower Rum River Watershed 4 Management Organization, or any other regulatory agency. 5 resubdivision by which lots may be resubdivided to meet the size and 6 H. Double Frontage Lots: Lots with frontage on two (2) parallel streets shall 7 not be permitted except where lots back on major collectors, arterial 8 streets or highways. Double frontage lots shall have an additional depth 9 for screen planting along the rear lot line of ten feet (10') as regulated by 10 City Code Title 12 -13 -5. 11 code a one rod (16.5 feet or 5 meters) wide area abutting a wetland and /or 12 I. Access To Arterials or Major Collectors: In those instances where a 13 plat is adjacent to a limited access arterial or major collector, no direct 14 vehicular access shall be permitted from individual lots to such streets 15 unless no access can be provided by other means. 16 17 J. Natural Features: In the subdividing of land, regard shall be shown for all 18 natural features, including tree growth, watercourses, historic places and 19 similar amenities of the area which, if preserved, will add attractiveness 20 and stability to the area. 21 all owners or developers, as a prerequisite to approval of a plat, 22 K. Lot Remnants: Lot remnants which are below the minimum lot area or 23 dimension must be added to adjacent or surrounding lots rather than 24 be allowed to remain as an unusable outlot or parcel. 25 26 L. Resubdivision: The preliminary plat shall show a feasible plan for future 27 resubdivision by which lots may be resubdivided to meet the size and 28 dimension standards of lots in areas served by municipal sewer where 29 the city deems it necessary in those areas that can be served in the 30 future. 31 32 M. Wetland / Stormwater Pond Buffer: Pursuant to Title 13, Chapter 6 of this 33 code a one rod (16.5 feet or 5 meters) wide area abutting a wetland and /or 34 stonTmater pond that shall be left undisturbed or in its natural condition 35 during the development, building and landscaping phases. The buffer strip 36 shall not be included within the preceding one hundred ten (110') 37 buildability requirement. (Ord. 273, 9 -2 -2003) 38 39 11 -3 -7: PARKS, PLAYGROUNDS, OPEN SPACE AND PUBLIC USES: 40 41 A. Lands For Public Use Required: Pursuant to Minnesota Statutes Section 42 462.358, as amended, the City Council of the City of Andover shall require 43 all owners or developers, as a prerequisite to approval of a plat, 44 subdivision or development of land, to convey to the City or dedicate to . 45 the public use for park or playground purposes, a reasonable portion of 46 the area being platted, subdivided or developed as hereinafter specked. 23 I Said portion to be approved and acceptable to the City, or in lieu thereof, 2 the owners or developers shall, at the option of the City, pay to the City for 3 the use in the acquisition of public parks, open space and playgrounds, 4 development of existing public park and playground sites, and debt 5 retirement in connection with land previously required for public parks and 6 playgrounds. Any park cash contributions based on market value for 7 commercial/industrial zoned property is to be determined as identified in 8 Subsection C of this section are to be calculated and established based 9 on the land value at the time of final plat. Any park cash contributions for 10 residential zoned property are to be determined as identified in Subsection 11 C of this section. The form of contribution (cash or land) shall be decided 12 by the City based upon need and conformance with the approved City 13 Park Comprehensive Plans. 14 15 B. Dedicated Lands: 16 17 1. Requirements: Any land to be dedicated as a requirement of this 18 section shall be reasonably adaptable for use for active park and 19 recreation purposes and shall be at a location convenient to the people to 20 be served. Factors used in evaluating the adequacy of proposed park 21 and recreation areas shall include size, shape, topography, geology, tree 22 cover, access and location. 23 24 Also land dedication shall be selected based on the parkland need defined 25 by the Andover Park System Plan. Active parkland areas shall be 26 exclusive of wetlands, slopes exceeding twelve percent (12 %), ponding 27 areas, or other features unsuitable for active park development. The City 28 may accept natural open space or passive park containing unique natural 29 environmental features as part of the parkland dedication. Selection of 30 park land for dedication shall be at the discretion of the City Council, 31 based on the policies and recommendations of the Comprehensive Plan 32 and the Comprehensive Park System Plan. The Council may vary from 33 these requirements if a development demonstrates unique attributes 34 sufficient for parks and open space included in the development. 35 36 2. Maximum Area of Dedicated Land: Developers of land within the City of 37 Andover shall be required to dedicate 10% of land to the city for park, or 38 open space and playground purposes. 39 40 C. Cash Contribution In Lieu Of Lands: 41 42 1. Amount Determined: 43 44 a. In lieu of land dedication, the City may require from the 45 developer or owner a cash contribution which is based on a fee per 46 lottunit basis for the development of residentially zoned property. In 24 1 the case of the development of commercial /industrial zoned 2 property, the City may require a cash contribution from the 3 developer or owner which is based on a maximum of ten percent 4 (10 %) of the market value of the land or as established by the park 5 dedication study. These fees' are established and adopted by the 6 City Council and are effective for any plat that has not received 7 preliminary plat approval after the date of publication of this title. 8 The fees would also apply to plats that have received preliminary 9 plat approval, but have not received final plat approval by the City 10 Council. If an extension is requested of the preliminary plat beyond 11 the twelve (12) months, the fee that is in effect at the time of the 12 extension is the fee that is to be contributed. Park cash 13 contributions are to be paid to the city prior to the recording of the 14 final plat at the county. The City Council may require the payment 15 at a later time under terms agreed upon in the development 16 agreement. Delayed payment may include interest at a rate set by 17 the city. 18 transferred to the City. 19 b. If the applicant or developer does not believe that the fees 20 contained in the city fee schedule (pursuant to this park dedication 21 analysis) fairly and accurately represent the effect of the 22 subdivision on the park or trail system of the city, the applicant or 23 developer may request that the city prepare an in -depth study of 24 the effect of the subdivision on the park and trail system and an 25 estimate of that effect in money and/or land. All costs of said study 26 shall be borne by the developer or applicant. If the developer or 27 applicant requests the preparation of such a study, a plat 28 application may proceed as if the fee had been paid, pending a 29 decision on the appeal of dispute over the proposed fee in lieu of 30 dedication if: 31 32 1. The applicant puts the City on written notice of the proposed fee 33 in lieu of dedication, 34 2. Prior to the City's final decision on the application, the fee in lieu 35 of dedication is deposited in escrow, and 36 3. The applicant appeals under Minnesota State Statute 462.361 37 within 60 days of approval of the application. 38 39 If such appeal is not filed by the deadline, or the applicant does not 40 prevail on the appeal, then the funds paid into the escrow must be 41 transferred to the City. 42 43 c. If a combination of cash and land dedication is required, the cash 44 contribution to the city would be determined as follows for 40 45 residential zoned property: See subsection 1 -7 -3G of this code. 25 26 1 2 Step 1: Total acreage of plat multiplied by ten percent (10 %) 3 (minimum required land dedication) yields the required land to be 4 dedicated. 5 6 Step 2: "Total park dedication fee" will be determined by 7 establishing the ultimate number of residential lots that can be 8 achieved if no park land was dedicated multiplied by the park 9 dedication fee per unit as per the fee schedule. 10 11 Step 3: Divide the "total park dedication fee" from Step 2 by the 12 required land to be dedicated from Step 1. This yields the "fee per 13 acre ". 14 15 Step 4: Multiply the "fee per acre" from Step 3 by the acres of park 16 to be dedicated, which is to include one half (1/2) of the street right - 17 of -way adjacent to the park. The land must be exclusive of 18 wetlands, slopes exceeding 12 %, ponding areas, or other features 19 unsuitable for park land. This yields the dollar value of credit for 20 land and for the right -of -way being dedicated. 21 22 Step 5: The "total park dedication fee" from Step 2 minus the dollar 23 value of credit for land and right -of -way being dedicated from Step 24 5 yields the dollar amount and/or balance due in park dedication 25 fee. 26 27 Step 6: Credit will be given towards the park dedication fee that is 28 required for areas within the park that were required to be improved 29 by the City and agreed to by the developer or owner. Those 30 improvements may include grading of the park, which must be 31 graded a minimum of two feet above the 100 -year flood elevation or 32 three feet above mottled soil or highest anticipated water level, 33 whichever is higher. Improvements may also include, but are not 34 limited to,installation of playground equipment, installation of 35 individual sanitary sewer and water service (not the main lateral 36 lines), and any other item that would relate to development of the 37 park. 38 39 2. Market Value Of Lands: "Market value ", for the purposes of calculating 40 the commercialfindustrial park dedication fee as required by this title shall 41 be determined as of the time of the final plat approval without 42 improvements in accordance with the following: 43 44 a. The Parts and Recreation Commission and owners or developers 45 may recommend to the City Council the market value. The City 46 Council, after reviewing the Park and Recreation Commission's 26 I 4 , , ) E 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 • recommendation, may agree with the owner or the developer as to market value, or b. The owner or the developer may select 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 ". 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 code. The land shall be in addition to-and not in lieu of, open space requirements for Planned Unit Developments pursuant to Title 13, Chapter 3 of this code. E. Metes And Bounds Lot Splits: 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 being split. The City will have the right to require park dedication for any future subdivision of the property. Credit shall be given for previously paid park dedication. 11 -3 -8: TRAILS: Cash Contribution for Trails: The City shall have the authority to require a trail fee that will be charged at the time of subdivision. The 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 regional trails as shown in the Comprehensive Plan. 27 I 2 CHAPTER 4 3 4 REQUIRED IMPROVEMENTS 5 6 SECTION: 7 8 11 -4-1: General Conditions 9 11 -4-2: Development Contract 10 11 -4-3: Financial Security 11 11 -4-I: Construction Plans 12 11 -4 -5: Inspections 13 11 -4-6: Preexisting Improvements 14 11 -4-7: Completed Improvements Documented 15 11-4-8: Street Improvement Standards 16 11 -4-9: Drainage Facilities 17 11 -4 -10: Subsurface Conditions 18 11 -4 -11: Water And Sewer Systems 19 11 -4 -12: Sidewalks And Pedestrianways 20 11 -4 -13: Public Utilities 21 11-4 -14: Dead and / or Diseased Trees 22 11 -4-15 Nonconforming Provisions 23 11 -4 -16: Official survey markers 24 25 11 -4 -1: GENERAL CONDITIONS: 26 Upon receipt of preliminary plat approval by the Council and prior to Council 27 approval of the final plat, the subdivider shall make provision, in the -manner 28 hereinafter set forth, for the installation of all improvements required by the City. 29 The improvements may include, but are not limited to, streets, sidewalks / trails, 30 public water systems, sanitary sewer systems, surface and storm drainage 31 systems, and public utility services. The improvements shall be at the sole 32 expense of the subdivider, with the exception of Trunk Sanitary Sewer, Trunk 33 Water Main, and Regional Trail Improvements. The installation of said 34 improvements shall be in conformity with approved construction plans and 35 specifications and all applicable standards and ordinances. Such improvements 36 can be installed publicly or privately as identified in the City's Development 37 Guidelines for Infrastructure Improvements. 38 39 11 -4-2: DEVELOPMENT CONTRACT: Prior to the installation of any 40 required improvements and prior to release of the final plat for recording, the 41 subdivider shall enter into a contract with the city to construct said improvements 42 at the sole expense of the subdivider, with exception to Trunk Sanitary Sewer, 43 Trunk Water Main, and Regional Trail improvements and in accordance with 44 approved construction plans and specifications and all applicable standards and 45 ordinances. Said contract shall provide for the supervision of construction by the 46 Engineer, and said contract shall require that the city be reimbursed for all costs 28 1 incurred by the city for engineering and legal fees and other expenses in 2 connection with the making of such improvements. The performance of said 3 contract shall be financially secured by a cash escrow deposit or irrevocable 4 letter of credit as hereinafter set forth. (Ord. 1 OFF, 8 -5 -2002) 5 6 11 -4 -3: FINANCIAL SECURITY: The development contract shall require 7 the subdivider to make a cash escrow deposit or, in lieu thereof, to furnish a letter 8 of credit in the following amounts and upon the following conditions: 9 10 A. Escrow Deposit and / or Letter of Credit: The subdivider shall deposit 11 with the Finance Director/Treasurer a cash amount as required by the 12 city development contract with the total cost of improvements as 13 estimated by the Engineer and / or identified in the contract. In lieu of a 14 cash escrow deposit, the subdivider may furnish an irrevocable letter of 15 credit with a banking institution acceptable to the City. The amount 16 shall include the estimated expenses of the city for engineering and 17 legal fees and other expenses incurred by the city in connection with 18 the making of such improvements. 19 20 B. Conditions: The development contract shall provide for a completion date 21 on which all of the required improvements shall be fully installed, 22 completed and accepted by the city. The completion date shall be 23 determined by the engineer and the subdivider, and shall be reasonable in 24 relation to the construction to be performed, the seasons of the year and 25 proper correlation with construction activities in the subdivision. The 26 development contract shall provide that in the event the required 27 improvements are not completed within the time allotted, the city shall be 28 allowed to exercise its power to redeem the letter of credit or utilize the 29 cash escrow deposit to complete the remaining construction to city 30 standards and specifications. In the event the amount of funds recovered 31 is insufficient to cover the cost of construction, the Council may assess the 32 remaining cost to the lands within the subdivision. (Ord. 1 OFF, 8 -5 -2002) 33 34 11 -4-4: CONSTRUCTION PLANS: Preliminary construction plans and 35 specifications for the required improvements conforming in all respects with the 36 standards and ordinances of the city shall be prepared at the expense of the 37 subdivider by a registered professional engineer licensed by the state. In urban 38 areas, final construction plans and specifications will be prepared by the City 39 Engineer at the expense of the subdivider and shall follow the Development 40 Guidelines for Infrastructure Improvements. Such plans and specifications shall 41 become a part of the development contract. (Amended Ord. 10, 2 -15 -1972) 42 43 11 -4-5: INSPECTIONS: All required improvements shall be inspected 44 during the course of construction by the Engineer or their representative, and 45 acceptance of said improvements by the city shall require the prior written 46 certification by the Engineer that said improvements have been constructed in 29 c , L " ) 1 1 compliance with the plans and specifications. (Amended Ord. 10, 2 -15 -1972) 2 3 11 -4 -6: COMPLETED IMPROVEMENTS: Improvements which have been 4 completed prior to application for final plat approval or execution of the 5 performance contract shall be accepted as equivalent improvements, provided 6 the Engineer shall certify in writing that said improvements conform to city 7 standards. (Amended Ord. 10, 2 -15 -1972) 0 30 1 2 11 -4 -7: COMPLETED IMPROVEMENTS DOCUMENTED: Upon 3 completion of installation of all required improvements in a rural development, the 4 subdivider shall file with the City Engineer one mylar drawing, one paper 5 drawing, and one digital copy of plans and specifications showing all 6 improvements as finally constructed and installed. If the completed 7 improvements were constructed as an urban development, the City will prepare 8 the final copies of plans and specifications as finally constructed and installed at 9 the expense of the owner or developer. (Amended Ord. 10, 2 -15 -1972) 10 11 12 11 -4 -8: STREET IMPROVEMENT STANDARDS: 13 14 A. With Municipal Sanitary Sewer And /Or Water. 15 16 1. Grading: The full width of the right of way of each street shall be 17 graded, including the sub -grade of the areas to be paved, in accordance 18 with the standards and specifications which have been approved by the 19 City Council. 20 21 2. Paving: All streets shall be paved with concrete or bituminous surfacing 22 in accordance with the standards and specifications that have been 23 approved by the City Council. 24 25 3. Erosion Control: The portion of the right -of -way between the street and 26 the property line shall receive a minimum of four inches (4 ") of approved 27 topsoil and shall be sodded or a cash escrow provided prior to issuance of 28 a certificate of occupancy by the city. 29 30 4. Curb And Gutter. Concrete curb and gutter shall be installed on both 31 sides of the paved surface of all streets. 32 33 5. Private Driveways: All private driveways providing access to public 34 rights -of -way shall be hard surfaced and, if serving two (2) adjoining lots 35 abutting the public right -of -way, shall be of a width designated by the city. 36 37 6. Street Signs: A street sign plan will be designed and approved by the 38 city as per the Minnesota Manual on Uniform Traffic Control Devices. 39 40 7. Screening: Screen planting shall be as required by City Code Title 12- 41 14 -5. 42 43 B. Street Lights: The subdivider shall be responsible for the installation of 44 lights as identified in the Development Agreement. 45 46 B. Without Municipal Sanitary Sewer And /Or Water: 47 48 1. Grading: The full width of the right -of -way of each street shall be 49 graded, including the sub - grade, in accordance with the standards and 31 32 1 specifications which have been approved by the City Council. • 2 3 2. Paving: All streets shall be paved with concrete or bituminous surfacing 4 in accordance with the standards and specifications that have been 5 approved by the City Council. 6 7 3. Erosion Control: The portion of the right -of -way between the street and 8 the property line shall receive a minimum of four inches (4 ") of approved 9 topsoil and shall be sodded or seeded with the appropriate seed mixture 10 and application rate, mulched, and the mulch disc anchored as required in 11 the city standards. 12 13 4. Driveways: Driveways shall be hard surfaced from the street to the 14 property line. 15 16 5. Street Signs: A street signs plan will be designed and approved by the 17 City as per the Minnesota Manual on Uniform Traffic Control Devices. 18 19 6. Screening: Screen planting shall be as required by City Code Title 12- 20 14-5. 21 22 7. Street Lights: The subdivider shall be required to install street lights as 23 identified in the Development Agreement. • 24 25 C. Required Intersection Improvements on City or County Roads: .26 27 1. The subdivider shall be required to pay a proportionate share of all 28 costs associated with required intersection improvements along County 29 roads and City streets when new developments trigger the need for 30 upgrades (i.e. right and left turn lanes, bypass lanes, and deceleration 31 lanes). 32 33 2. The subdivider shall make the required improvements as a part of the 34 street improvements for the new development as identified in the 35 preliminary plat approval. 36 37 3. The City Council may elect to construct such improvements as an 38 assessment project in which the subdivider shall accept an assessment 39 for a proportionate share of the improvements as identified in the 40 preliminary plat approval. 41 42 D. Phased Construction Requirements: To enable adjacent properties to 43 develop in a timely manner, the City shall have the right to require as a 44 part of the final plat of any phase the dedication of appropriate easements 45 and / or right of way and extension of streets and / or utilities through 46 future phases to such an extent as to assure that the extension of utilities 47 to adjacent properties will be completed with the first phase. 48 49 32 a 1 11 -4 -9: DRAINAGE FACILITIES: Storm sewers, culverts and water 2 drainage facilities shall be required when, in the opinion of the Engineer, such 3 facilities are necessary to ensure adequate drainage for the area. All such 4 drainage facilities shall be constructed in accordance with the City of Andover's 5 Water Resource Management Plan and / or the Coon Creek Watershed District 6 or Lower Rum River Watershed Management Organizations' plans. Drainage 7 facilities shall be provided to convey surface water to publicly owned or controlled 8 drainage facilities. (Amended Ord. 10, 2 -15 -1972) 9 10 11 -4 -10: GEOTECHNICAL REPORT: The subdivider shall submit a 11 standard geotechnical report with a history and recommendations regarding the 12 site. In addition, the report shall include SCS soil types, mottled soil elevations or 13 highest anticipated water table, existing groundwater elevation, and soil borings 14 to a minimum depth of 20 feet. 15 16 11 -4 -11: WATER AND SEWER SYSTEMS: Where connection with the city 17 water and sanitary sewer system is deemed feasible by the Council, the 18 subdivider shall be required to install water and sanitary sewer mains and 19 services in the subdivision in addition to permanent streets at the sole expense of 20 the subdivider with exception to Trunk Sanitary Sewer and Water Main 21 improvements as identified in the City's Assessment Manual. The Trunk costs 22 will be reviewed by the City per the City's Development Guidelines for 23 Infrastructure Improvements. (Amended Ord. 10, 2 -15 -1972) 24 25 11 -4 -12: SIDEWALKS AND TRAILS: Where sidewalks and trails are 26 required by the City Council and pursuant to Minnesota State Statute, they shall 27 be hard surfaced in accordance with city standards. Grades shall be approved by 28 the Engineer. Sidewalks shall be placed in the public right -of -way in a location 29 determined by the City Engineer and shall be a minimum of five feet (5') wide. 30 Regional Trail improvements (8' to 10' in width) are identified in the City's 31 Transportation Plan. If a trail within a plat meets the definition and location of a 32 regional trail, then the City will fund such improvements. If an internal trail is 33 required through the platting process and does not meet the definition and 34 location of a regional trail, then the improvements shall be at the sole expense of 35 the subdivider. (Amended Ord. 10, 2 -15 -1972) 36 11 -4-13: PUBLIC AND REGULATED PRIVATE UTILITIES: 37 A. Underground Utilities: All telephone, cable television, communications 38 equipment, electric and gas service lines shall be placed underground 39 within dedicated public ways or recorded easements in such manner as 40 not to conflict with other underground services and in accordance with city 41 standards. All underground installation of service lines within street rights - 42 of -way shall be completed as determined by the City Engineer. 43 B. Utility Poles: All utility poles, except those providing street lighting, shall be 44 placed in rear lot line easements. 45 C. Easements: All underground utility service lines, including water, 33 1 • 3 E 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 existing 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 right to require the dedication of appropriate easements and the construction of streets and utilities to the edge of the development through future phases. Extension of streets and utilities will enable adjacent properties to develop in a timely manner. 11 -4 -14: DEAD AND / OR DISEASED TREES: Dead and / or diseased trees shall be required to be treated and /or removed as per City Code Title 4 -3 and as identified in the Development Agreement. 11 -4-15: 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 comer of each lot. The locations of each shall be shown on the final plat. 34