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HomeMy WebLinkAbout0113 SUBDIVISION AND PLATTING REGULATIONS ORDINANCE NO. 113 TABLE OF CONTENTS Page Section 1 General Provisions 1 Section 2 Rules 2 Section 3 Definitioru 3 Section 4 Procedures for Filing and Review 6 Section 5 Premature Subdivisions 9 Section 6 Plat and Data Requirements 11 Section 7 Design Standards 18 Section 8 Pork Land Dedication Requirements 23 Section 9 Required Basic Improvements 26 Section 10 Non-Platted Subdivisions 30 Section 11 Variances, Planning Commission Recommendations, Standards 31 Section 12 Violations and Penalty 34 Section 13 Enactment 35 ORDINANCE NUMBER 113 AN ORDINANCE ESTABLISHING REGULATIONS FOR THE SUBDIVISION AND PLATTING OF LAND WITHIN THE CITY OF LAKEVILLE, DEFINING CERTAIN TERMS USED THEREIN; PROVIDING FOR THE PREPARATION OF PLATS; PROVID- ING FOR THE INSTALLATION OF STREETS AND OTHER IMPROVEMENTS; PROVIDING FOR THE DEDICATION OF CERTAIN LAND FOR PARKS AND PLAY- GROUNDS; ESTABLISHING PROCEDURES FOR APPROVAL AND THE RECORDING OF PLATS; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; AND REPEALING ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH. THE COUNCIL OF THE CITY OF LAKEVILLE DOES ORDAIN: SECTION 1. GENERAL PROVISIONS Subd. A Short Title. This Ckdinance shall be known as the "SUBDIVISION ORDINANCE OF THE CITY OF LAKEVILLE", and will be referred to herein as "this Crdinance". Subd. B Purpose. In order to safeguard the best interests of the City of Lakeville and to assist the wbdivider in harmonizing his interests with those of the City at large, the following Ordinance is adopted so that the adherence to same will bring results beneficial to both parties. It is the purpose of this Ordinance to make certain regulations and requirements for the platting of land within the City of Lakeville pursuant to the authority contained in Minnesota Statutes Annotated, which regulations the City Council deems necessary for the health, safety and general welfare of this community. Subd. C Approvals Necessary for Acceptance of Subdivision Plats. Before any plat shall be recorded or be of any validity, it shall be referred to the City Planning Commission and approved by the City Council of Lakeville as having fulfilled the requirements of this Ordinance. Subd. D Conditions for Recording. No plat of any subdivision shall be entitled to record in the Dakota County Recorder's Office or have any validity until the plat thereof has been prepared, approved, and acknowledged in the manner prescribed by this Ordinance. Subd. E Building Permits. No building permits shall be considered for issuance y t e~ City of Lakeville for the construction of any building, structure or improvement to the land or to any lot in a subdivision as defined herein, until all requirements of this Ordinance have been fully complied with. Subd. F Exceptions. When requesting a subdivision, if the following condition exists, the City Administrator shall bring the request to the attention of the Planning Commission and City Council whereupon, the said request shall be reviewed and the City Council, following receipt of a recom- mendation from the Planning Commission, may exempt the subdivider from complying with any procedural requirements of this Crdinance that are deemed inappropriate. 1 . In the case of a request to divide a lot which is a part of a recorded plat where the division is to permit the adding of a porcel of land to an abutting lot or to create two lots and the newly created property line will not cause the other remaining portion of the lot or any structure to be in violation with this Ordinance or the zoning ordinance. Subd. G Separability. If any section, subsection, sentence clause or phrase of this Ordinance is for any reason found to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. Subd. H Conflict. Whenever there is a difference between minimum standards or dimensions specified herein and those contained in other official regulations, resolutions or ordinances of the City, the most restrictive standards shall apply. Subd. I Repeal . Ordinances No. 11, 69, 97 and 108 are hereby repealed in their entirety. SECTION 2. RULES For the purpose of this Ordinance, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular; and the word shall is mandatory and not discretionary. 2 SECTION 3. DEFINITIONS For the purpose of this Ordinance, certain words and terms are hereby defined as set forth in the subdivisions which follow. Subd. A Alley. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street. Subd. B Applicant. The owner of land proposed to be subdivided for his repre- sentation. Consent shall be required from the legal owner of the premises. Subd. C Block. An area of land within a subdivision that is entirely bounded by streets, or by streets and the entire boundary or boundaries of the sub- division, or a combination of the above with a river or lake. Subd. D Boulevard. The portion of the street right-of-way between the curb line and the property line. Subd. E Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and includes any structure. Subd. F City. The City of Lakeville. Subd. G City Council . The governing body of the City of Lakeville. Subd. H Comprehensive Plan. The group of maps, charts and texts that make up the Comprehensive long-range plan of the City. Subd. I Design Standards. The specifications to land owners 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 and lots. Subd. J Easement. A grant by a property owner for the use of a strip of land and for the purpose of constructing and nwintaining drives, utilities, including, but not limited to, wetlands, ponding areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage waysandgaslines. Subd. K Final Plat. A drawing or map of a subdivision, meeting all of the require- ments of the City and in such form as required by Dakota County for the purpose of recording. 3 Subd. L Individual Sewage Disposal System. Aseptic tank, seepage the sewage disposal system, or any other approved sewage treatment device. Subd. M Lot. Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of the current Lakeville zoning regulations, having not less than the minimum area required by said Zoning Ordinance for a building site in the district in which such lot is situated and having its principal frontage on a street. Subd. N Lot, Comer. A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding 135 degrees. Subd. O Lot Improvement. Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations. Subd. P Outlot. A lot remnant or parcel of land left over after platting, which is intended as open space or other use, for which no development is intended and for which no building permit shall be issued. Subd. O Owner. Includes the plural as well asthe singular, and where appropriate shall include a natural person, partnership, firm association, public or quasi-public corporation, private corporation, or a combination of them. Subd. R Parks and Playgrounds. Public land and open spaces in the City of Lakeville dedicated or reserved for recreation purposes. Subd. S Percentage of Grade. On street center line, means the distance vertically from the horizonta in feet and tenths of a foot for each one hundred (100) feet of horizontal distance. Subd. T Pedestrian Way. A public right-of-way or private easement across a block or within a block to provide access for pedestrians and which may be used for the installation of utility lines. Subd. U Planning Commission. The Planning Commission of the City of Lakeville . Subd. V Preliminary Plat. A tentative drawing or map of a proposed subdivision meeting the requirements herein enumerated. 4 Subd. W Protective Covenants. Contracts made between private parties as to ' t e manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area. Subd. X Public Improvement. Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement, or other facility for which the City may ultimately assume The responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. Subd. Y Setback. The distance between a building and the property line nearest thereto. Subd. Z Street. A public right-of-way affording primary access by pedestrian or vehicles or both, to abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard. Subd. AA Streets -Thoroughfares, Arterial Streets. Those streets carrying larger volumes of traffic and serving as links between various subareas of the community. Thoroughfares or arterial streets are intended to provide for collection and distribution of traffic between highways and collector streets; hence regulation of direct access to property is critical. Subd. BB Streets -Collector Street. Those streets which carry traffic from local streets to the major system of arterials and highways. Collector streets primarily provide principal access to residential neighborhoods, including, to a lesser degree direct land access. Subd. CC Streets -Local Street. Those streets which are used primarily for access to abutting properties and for local traffic movement. Subd. DD Streets -Marginal Access Street. Those local streets which are parallel and adjacent to Thoroughfares and highways; and which provide access to abutting properties and protection from through traffic. Subd. EE Streets - Cul-de-sac. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. Subd. FF Street Width. The shortest distance between lines of lots delineating the streets right-of-way. 5 Svbd. GG Subdivider. Any individual, firm, association, syndicate, co-partners, corporation, trust or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Ordinance. Subd. HH Subdivision. The division of land resulting in a parcel of land less than five acres in area or less than 300 feet in width, for the purpose of transfer of ownership or building development or, if a new street is in- volved, any division of land. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. SECTION 4. PROCEDURES FOR FILING AND REVIEW Subd. A Sketch Plan. In order to insure that all applicants are informed of the procedural requirements and minimum standards of this Ordinance and the requirements or limitations imposed by other City Ordinances or Plans, prior to the development of a preliminary plat, all applicants shall present a sketch plan to the City Administrator prior to filing a preliminary plat. Subd. B Preliminary Plat . 1. Filing. Ten (10) copies of the preliminary plat and list of property owners located within three hundred fifty feet (350) of the subject property obtained from and certified by Dakota County, shal I be submitted to the City Administrator. The required filing fee as established by City Council resolution shall be paid and any necessary applications for variances from the provisions of this Ordinance shall be submitted with the required fee. The proposed plat shall be placed on the agenda of the first possible Planning Commission meeting occurring after ten (10) days from the date of submission. The plan shall be considered as being officially submitted when all the infor- mation requirements are complied with. 2. Hearing. The Planning Commission upon receipt of said application shall instruct the City Clerk to set a public hearing for public review of the preliminary plat. Said hearing shall be established once adequate time has been allowed for staff and advisory body review of the plat. The Planning Commission shall conduct the hearing, and report its findings and make recommendations to the City Council . Notice of said hearing shall consist of a legal property description, ' description of request and map detailing property location, and be published in the official newspaper at least ten (10) days prior to the hearing and written notificotion of said hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty feet (350) of the boundary of the property in question. 6 3. Technical Assistance Reports. After the public hearing has been set, the City Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the City Council. 4. Review by Ofher Commissions or Jurisdictions. The City Administrator shall refer copies of the preliminary plat to the Park and Recreation Committee, Natural Resources Committee, County, Metropolitan, State or other public jurisdictions for their review and comment, where appropriate and when required. 5. Planning Commission Action. The Planning Commission shall make a recommendation to t e City Council immediately following the close of the public hearing. If the Planning Commission has not acted upon the preliminary plat within sixty (60) days from the opening of the public hearing, the Council may act on the pre- liminary plat without the Planning Commission's recommendation. 6. City Council Action. a. If all requirements of this Ordinance and as.additionally imposed by the Planning Commission are complied with, the Council shall act upon the preliminary-plat and may impose conditions and restrictions which are deemed nec- essary within sixty (60) days of the date of the close of the Planning Commission's public hearing. b. If the preliminary plat is not approved by the City Council, the reasons for such action shall be recorded in the proceedings of the Council and transmitted to the applicant. If the preliminary plat is approved, such opproval shall not constitute final acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this Ordinance to be indicated on the final plat. The City Council may require such revisions in the preliminary plat and final plot as it deems necessary for the health, safety, general welfare and convenience of the City of Lakeville. c. If the preliminary plat is approved by the City Council, the subdivider must submit the final plat within one hundred (100) days after said approval or approval of the preliminary plat shall be considered void, unless a request for time extension is sub- mitted in writing and approved by the City Council. 7 Subd. C Final Plat. 1 . Filing. After the preliminary plat has been approved, final plat shall be submitted for review as set forth in the subdivisions which follow. 2. Approval of the Planning Commission. Ten (10) copies of the final plat shall be submitted to the City Administrator for distribution to the Planning Commission, City Council and appropriate City staff, twenty (20) days prior to a Commission meeting at which consideration is requested. During the said twenty (20) days, the City staff shal I examine the final plat and prepare a recommendation to the Planning Commission. Nature of approval, disapproval, or any delay in decision of the final plat will be conveyed to the subdivider within ten (10) days after the meeting of the City Planning Commission at which such plat was considered. In case the plat is disapproved, the subdivider shall be notified in writing of the reasons for such action and what requirements shal I be necessary to meet the approval of the Commission. 3. Approval of the City Council . After review of the final plat by the Planning Commission, such final plat, together with the recom- mendations of the Planning Commission shall be submitted to the City Council for approval. If occepted, the final plat shall be approved by resolution, which resolution shall provide for the acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the City Council. If disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for such approval. 4. Special Assessments. When any existing special assessments which have been levied against the property described be divided and allocated to The respective lots in the proposed plat, the City Administrator shall estimate the clerical cost of preparing a revised assessment roll, filing the same with the County Auditor, and making such division and allocation, and upon approval by the Council of such cost the same shall be paid to the City Clerk before the final plat approval . 5. Street Addresses. With submission of the final plat, ten (10) copies of the p at map showing all addresses correctly labeled in confor- mance with all applicable Dakota County and City ordinances and policies shall be supplied to the City Administrator for subsequent distribution to the utility compariies and local school districts. 8 b. Recording Final Plat. If the final plat is approved by the City Council, the subdivider shall record it with the Dakota County Recorder within one hundred (100) days after said approval or approval of the final plat shall be considered void, unless a re- quest for time extension is submitted in writing and approved by the City Council . The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording . No building permits shall be let for construction of any structure on any lot in said plat until the City has received evidence of the plat being recorded by Dakota County. SECTION 5. PREMATURE SUBDIVISIONS Any preliminary plat of a proposed subdivision deemed premature for development shall be denied by the City Council of the City of Lakeville. Subd. A Condition Establishing Premature Subdivisions. A subdivision may be deemed premature should any of the conditions set forth in the provisions which follow exist. 1. Lack of adequate drainage. A condition of inadequate drainage shall be deemed to exist if: a. Surface or subsurface water retention and runoff is such that it constitutes a danger to the structural security of the proposed structures. b. The proposed subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or down- stream land. c. The proposed site grading and development will cause harmful and irreparable damage from erosion and siltation on downhill or downstream land. d. Factors to be considered in making these determinations may include: average rainfall for the area; the relation of the land to flood plains; the nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems; the slope of the land and its effect on effluents; and the presence of streams as related to effluent disposal. 9 2. Lack of Adequate Water Supply. A proposed subdivision shall be deemed to lack an adequate water supply if the proposed sub- division does not have adequate sources of water to serve the proposed subdivision if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas. 3. Lack of Adequate Roads or Highways to Serve the Subdivision. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when: a. Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare, or seriously aggravate an already hazardous condition, and when, with due regard to the advice of Dakota County and/or the Minnesota Department of Highways, said roads are inadequate for the intended use. b. The traffic volume generated by the proposed subidivsion would create unreasonab?e highway congestion or unsafe conditions on highways existing at the time of the application or proposed for completion within the next two (2) years. 4. Lack of Adequate Waste Disposal Systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems if in sub- divisions for which sewer lines are proposed, there is inadequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five (5) years; or if in subdivisions where sewer lines are neither available nor proposed, there is inadequate on-site sewer capacity potential to support the subdivision if developed to the maximum permissible density indicated in the Lakeville Comprehensive Plan, as may be amended. 10 5. Inconsistency with Comprehensive Plan. The proposed sub- division is inconsistent with the purposes, objectives, and recommendations of the duly adopted Comprehensive Plan of Lakeville, as may be amended. 6. Providing Public Improvements. If public improvements, such as recreational facilities, or other public facilities, reasonably necessitated by the subdivision, which must be provided at public expense, cannot be reasonably provided for within the next two (2) fiscal years. 7. MEQC Policies. The proposed subdivision is inconsistent with the policies of MEQC 25, as may be amended, and could adversely impact critical environmental areas or potentially disrupt or destroy historic areas which are designated or officially recognized by the City Council in violation of Federal and State historical preser- vation laws. Subd. B Burden of Establishing. The burden shall be upon the applicant to show that the proposed subdivision is not premature. SECTION 6. PLAT AND DATA REQUIREMENTS Subd. A Sketch Plan. Sketch Plans shall contain, at a minimum, the following information: 1 . Plat boundary 2. North arrow 3. Scale 4. Street layout on and adjacent to plat 5. Designation of land use and current or proposed zoning 6. Significant topographical or physical features 7. General lot locations and layout 8. Preliminary evaluation by the applicant that the subdivision is not classified as premature based upon criteria established in Section 5 of-this ordinance. Subd. B Preliminary Plat. The subdivider shall prepare and submit a preliminary plat, together with any necessary supplementary information. The preliminary plat shall contain the information set forth in the subdivisions which follow. 1. General Requirements. a. Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions. b. Location of boundary lines in relation to a known section, quarter section or quarter-quarter section lines comprising a legal description of the property. c. Names and addresses of all persons having property interest, the developer, designer, and surveyor together with his registration number. d. Graphic scale or plat, not less than one (1) inch to one hundred (100) feet. e. Data and north arrow. 2. Existing Conditions. a. Boundary line and total acreage of proposed plat, clearly indicated. b. Existing zoning classifications for land within and abutting the subdivision. c. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any, railroad and utility rights-of-way, parks and other pub?ic open spaces, permanent buildings and structures, easements and section and corporate lines within the tract and to a distance of three hundred fifty (350) feet beyond the tract. d. Location and size of existing sewers, water mains, culverts or other underground facilities within the tract and to a distance of one hundred (100) feet beyond the tract. Such data as grades, invert elevations, and locations of catch basins, man- holes and hydrants shall also be shown. e. Boundary lines of adjoining unsubdivided or subdivided land, within three hundred fifty (350) feet, identified by name and ownership, including all contiguous land owned or controlled by the subdivider. f. Topographic data, including contours at vertical intervals of not more than two (2) feet. Water courses, wetlands, rock outcrops, power transmission poles and I fines, and other significant features shall also be known. 12 g. In plats where public water and sewer are not available, the subdivider shall file a report prepared by a registered civil engineer on the feasibility of individual on-site sewer and water systems on each lot, and shall include soils boring analysis and percolation tests to verify conclusions. 3. Proposed Design Features. a. Layout of proposed streets showing the right-of-way widths, centerline gradients, typical cross sections, and proposed names of streets in conformance with City and County street identification policies. The name of any street heretofore used in the City or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. b. Locations and widths of proposed alleys and pedestrian ways. c. Locations and size of proposed sewer lines and water mains. d. Location, dimension and purpose of all easements. e. Layout, numbers, lot areas, and preliminary dimensions of lots and blocks. f. Minimum front and side street building setback lines. g. When lots are located on a curve, the width of the lot at the building setback line. h. Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres. i. Water Supply. Water mains shall be provided to serve the sub- division by extension of an existing community system wherever feasible. Service connections shall be stubbed into the property line and all necessary fire hydrants shall also be provided. Extensions of the public water supply system shall be designed so as to provide public water in accordance with the standards of the City of Lakeville. In areas where public water supply is not available, individual wells shall be provided on each 13 lot, properly placed in relationship to the individual sewage disposal facilities on the same and adjoinint lots. Well plans must comply with the Minnesota State Well Code, as may be amended, and be submitted for the approval of the City Engineer. j. Sewage Disposal, Public. Sanitary sewer mains and service connections shall be installed in accordance with the standards of the City of Lakeville. k. Sewage Disposal, Private. All on-site septic systems shall be installed in accordance with all applicable State Pollution Control Agency regulations and City ordinances. 4. Supplementary Information. a. Any or all of the supplementary information requirements set forth in this subdivision shall be submitted when deemed necessary by the City staff, consultants, advisory bodies and/or City Counci I . b. Proposed protective covenants. c. An accurate soil survey of the subdivision prepared 6y a qualified person. d. A survey prepared by a qualified person identifying tree coverage in the proposed subdivision in terms of type, weakness, maturity, potential hazard, infestation, vigor, density, and spacing. e. Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the development on traffic, fire hazards, and congestion of population. f. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any rights in the applicant. g. Provision for surface water disposal, ponding, drainage, and flood control. 14 h. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, it shall be required that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be required to relate well with existing or potential adjacent subdivisions. i. Where structures are to be placed on large or excessively deep lots which are subject to potential replat, the preliminary plat shall indicate a logical .way in which the lots could possibly be resubdivided in the future. j . A plan for soil erosion and sediment control both during con- struction and after development has been completed. The plan shall include gradients of waterways, design of velocity and erosion control measures, design of sediment control measures, and landscaping of the erosion and sediment control system. k. A vegetation preservation and protection plan that shows those trees proposed to 6e removed, those to remain, the types and locations of trees and other vegetation that are to be planted. I. When the City has agreed to install improvements in a develop- ment, the developer sha?I furnish the City a Financial State- ment satisfactory to the City. When the City has not undertaken to install improvements, the City may, at the City's option, require the developer to furnish a Financial Statement satis- factory to the City. m. Such other information as may be required. Subd. C Final Plat. The owner or subdivider shall submit a final plat together with any necessary supplementary information. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of Minnesota State Statures and Dakota County regulations, and such final plat shall contain the following information: 1. Names of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision. 2. Location by section, township, range, county and state, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. The allowable error closure or any portion of a final plat shall be one (1) foot in seventy-five hundred (7,500). 15 3. The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments. 4. Location of loss, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of mdii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shal? be shown. Dimensions shall be shown from all angle points of curve to lot lines. 5. Lots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the 61ock. 6. The exact locations, widths, and names of all streets to be dedicated. 7. Location and width of al I easements to be dedicated. 8. Name and address of surveyor making the plat. 9. Scale of plat (the scale to be shown graphically on a bar scale), date and northarrow. 10. Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the strips marked "utility easements". 11 . Statement dedicating all streets, alleys and other public areas not previously dedicated as follows: Streets, alleys and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated. Subd. D Address Map. The Address Map shall be prepared in accordance with City and County policy and shall include all addresses of lots as platted. Subd. E Certification Required. 1 . Certification by registered surveyor in the form required by Section 505.03, Minnesota Statutes, as amended. 16 2. Execution of all owners of any interest in the land any holders of a mortgage thereon of the certificates required by Section 505.03 Minnesota Statutes, as amended, and which certificate shall include a dedication of the utility easements and other public areas in such form as approved by the City Council . 3. Space for certificates of approval and review to be filled in by the signatures of the Chairman of the City Planning Commission and the Mayor and City Clerk. The form of certificate by the Planning Commission is as follows: Reviewed by the Planning Commission of the City of Lakeville This day of 19 Signed: Chairman Attest: Secretary The form of approval of the City Council is as follows: Approved by the City of Lakeville, Minnesota This day of 19 Signed: Mayor Attest: City Clerk 17 SECTION 7. DESIGN STANDARDS Subd. A Blocks. 1. Block Length. In general, intersecting streets, determining block lengths, shall be provided at such intervalsso as to serve cross-traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions should not exceed one thousand three hundred twenty five (1325) feet nor be less than four hundred feet in length, except where topography or other conditions justify a departure from this maximum, In blocks longer than eight hundred (800) feet, pedestrian ways and/or easements through the block may be required near the center of the block. 2. Block Width. The width of the block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. Subd. B Lots. 1. Area. The minimum lot area, width and depth shall not be less than that established by the Lakeville Zoning Ordinance in effect at the time of adoption of the final plat. 2. Comer Lots. Comer lots for residential use shall have additional width to permit appropriate building setback from both streets as required in the Zoning Ckdinance. 3. Side Lot Lines. Side lines of lots shall be approximately at right angles to street I Ines or radial to curved street I Ines. 4. Frontage. Every lot must have the minimum frontage on a City approved street other than an alley, as required in the Lakeville Zoning Ordinance. 5. Setback Lines. Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the Lakeville Zoning Ordinance, as may be amended. 6. Water Courses. Lots abutting a water course, wetland, ponding area, or sire` am s) an have additional depth and width, as required under the provisions of the Lakeville Zoning Ordinance. 18 7. Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, water courses, historic spots or similar conditions which if preserved will add attractiveness and stability to the proposed development. 8. Lot Remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels. 9. Political Boundaries. No Singular plat shall extend over a political oun ary or sc oo district line without document notification to affected units of government. 10. Frontage on Two Streets. Double-frontage, or lots with frontage on two (2) parallel streets, shall not be permitted except: where lots back on arterial streets or highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double- frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for screen planting along the back lot I ine . 11 . Turn Around Access. Where proposed residential lots abut a collector or arterial street, they should be platted in such a manner as to encourage turn-around access and egress on each lot. Subd. C Streets and Alleys. 1 . Streets, Continuous. Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to run-off of storm water, to public con- venience and safety, and in their appropriate relation to the proposed uses of the area to be served. 2. Local Streets and Dead-End Streets. Loeal streets should be so planned as to discourage their use by non-local traffic. Dead-end streets are prohibited, but cul-de-sacs shall 6e permitted where topography or other physical conditioru justify their use. Cul-de-sacs shall not be longer than five hundred (500) feet, including a terminal turn- around which shall be provided at the closed end, with aright-of- way radius of not less than sixty (60) feet. 3. Street Plans for Future Subdivisions. Where the plat to be sub- mitted includes only part of the tract owned or intended for develop- ment by the subdivider a tentative plan of o proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. 4. Temporary Cul-De-Sac. In those instances where a street is ter- minated pending future extension in conjunction with future sub- division, atemporary turn around facility shall be provided at the closed end, in conformance with cul-de-sac requirements. 5. Provisions for Resubdivision of Large Lots and Parcels. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. 6. Street Intersections. Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. Under normal conditions, the minimum angle of intersection of streets shall be eighty (80) degrees. Street intersection jogs with an offset of less than one hundred twenty-five (125) feet shall be avoided.. 7. Subdivisions Abuttin Major Rights-of-way. Wherever the proposed subdvision contains or is adjacent to the right-of-way of a U.S. or State Highway or thoroughfare, provision may be made for a marginal access street approximately parallel and adjacent to the boundary of such right-of-way, provided that due consideraFion is given to proper circulation design, or for a street at a distance suitable for the appropriate use of land between such street and right-of-way. Such distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separations, or for lot depths. 8. Sidewalks. In those cases where the City Council deems appropriate an~essary, sidewalks of not less than four (4) feet in width shall be provided. Where a proposed plat abuts or includes an arterial street; sidewalks, of not less than four (4) feet in width on both sides of the paved surface shall be provided. Where the proposed plats abuts or includes a collector street, sidewalks of not less than four (4) feet in width, shall be required on one side of the street. In all cases where sidewalks are provided provisions shall be mode for handicapped access. 20 9. Service Access, Alle s. Service access shall be provided in commer- cia and industrial districts for off-street loading, unloading and parking consistent with and adequate for the uses proposed. Except where justified by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in resi- dential districts. Alleys, where provided, shall not be less than thirty (30) feet wide. Deadend alleys shall be avoided wherever possible, but if unavoidable, such deadend alleys may be approved if adequate turnaround facilities are provided at the closed end. 10. Half Streets. Dedication of half streets shall not be considered for approv~cept where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations or where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided. 11. Compliance with the Dakota County Thoroughfare Plan. All subdi- visions incorporating streets w is are identified in t e Dakota County thoroughfare Plan as amended shall comply with the mini- mum right-of-way, surfaced width and design standards as outlined in said plan. 12. Street Grades. Except when, upon the recommendation of the City Engineer,tTiat the topography warrants a greater maximum, the grades in all streets, thoroughfares, collector streets, local streets, and alleys in any subdivision shall not be greater than ten (10) percent. In addi- tion, there shall be a minimum grade on all streets and thoroughfares of not less than .SO percent. 13. Curb Radius. The minimum curb radii for thoroughfares, collector stree~ocal streets and alleys shall be as follows: a. Arterial Streets, Collector and Local Streets 10 feet b. Alleys 4 feet 14. Reverse Curves. Minimum design standards for collector and arterial streets sFiaT( comply to Minnesota State Aide Standards. 15. Reserve Strips. Reserve strips controlling access to streets shall be pro Phi ited except under conditions accepted by the City Council. 16. Street Right-of-Way Width. Street right-of-way widths shall conform wit fo owing standards: a. Arterial street 100 feet b. Collector Street 80 feet c. Local Street 60 feet 21 Subd. D Easements. 1 . Width and Location. An easement for utilities at least ten (10) feet wide, shal be provided along all lot I Ines. If necessary for the extension of main water or sewer lines or similar utilities, easements of greater width may be required along lot lines or across I ots . 2. _Continuous Utility Easement Locations. Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Council after a public hearing. 3. Guy Wires. Additional easements for pole guys should be provided, where appropriate, at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along side lot lines. Subd. E Erosion and Sediment Control. 1 . The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion . 2. Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control erosion. 3. Land shal I be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. When soil is exposed, the exposure shall be for the shortest feasible period of time, as specified in the development agreement. 5. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. Top soil shall be restored or provided to a depth of four (4) inches and shall be of a quality at least equal to the soil quality prior to development. 6. Natural vegetation shall be protected wherever practical . 7. Runoff water shall be diverted to a sedimentation basin before being allowed to enter the natural drainage system. ?7 Subd. F Storm Drainage. 1 . All subdivision design shall incorporate adequate provisions for storm water runoff consistent with the Lakeville Storm Drainage Plan, as amended, and be subject to review and approval of the City Engineer. Subd. G Protected Areas. 1 . Where land proposed for subdivision is deemed environmentally sensitive by the City, due to the existence of wetlands, drainage ways, water courses, floodable areas or steep slopes, the design of said subdivision shall clearly reflect all necessary measures of pro- tection to insure against adverse environmental impact. Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether said protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form of outlots. In general, measures of protection shall include design solutions which allow for construction and grading involving a minimum of alteration to sensitive areas. Where these areas are to be incor- porated into lots within the proposed subdivision, the subdivider shall be required to demonstrate that the proposed design will not require construction on slopes over 18 percent, or result in signi- ficant alteration to the natural drainage system such that adverse impacts cannot be contained within the plat boundary. SECTION 8. PARK LAND DEDICATION REQUIREMENTS Subd. A Subdividers as a prerequisite to approval of a subdivision shall dedicate to the City or dedicate to the public use, for park or playground purposes, for public open space or trail systems a reasonable part of the land being subdivided or in lieu thereof a cash equivalent. The form of contribution, cash or land, (or any combination) shall be decided by the City. Subd. B Land to be dedicated shall be reasonably adaptable for use for active park and recreation purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. Subd. C The Park and Recreation Committee shall recommend to the City Council the location of the land and the amount of land to be conveyed or dedicated within a proposed subdivision. 23 Subd. D When a cash contribution is made in lieu of a dedication of land, the Park and Recreation Committee shall recommend to the City Council the amount of cash that should be so contributed, which recommendation shall be based upon the fair market value of the unimproved land. "Fair Market Value" shall be determined as of the time of filing the final plat in accor- danee with the following: ~1 . The City and developer may agree as to the fair market value, or 2. The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider's expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies. 3. If the City disputes such appraisal the City may, at the subdivider's expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land. Subd. E Where a proposed park, playgroundor other recreational areas, proposed school site or other public ground that has been indicated in the official map and/or comprehensive plan is located in whole, or in part, within o proposed subdivision such proposed public site should be designated as such and should be dedicated to the City, School District or other proper governmental unit. If the subdivider chooses not to dedicate an area in excess of the land required hereunder for such proposed public site, the City shall not be required to act to approve or disapprove the preliminary plat of the subdivision for a period of sixty (60) days after the subdivider meets all the provisions of the subdivision ordinance in order to permit the Council, School Board or other appropriate governmental unit to consider the proposed plat and to consider taking steps to acquire, through purchase or condemnation, all or part of the public site proposed under the official map or master plan. Subd. F Land area conveyed or dedicated hereunder may not be included by a subdivider as an allowance for purposes of calculating the density requirements of the subdivision as set out in the City Zoning Ordinance and shall be in addition to and not in lieu of open space requirements for Planned Unit Developments pursuant to the City Zoning Ordinance. Subd. G Where private open space for park and recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do so and that the fol I ow ing standards are met: 24 1 . That yards, court areas, setbacks and other open space required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and 2. That the private ownership and maintenance of the open space is adequately provided for by written agreement; and 3. That the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council; and 4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, hydrological, geology, access and location of the private open space land; and 5. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the comprehensive plan, and are approved by the City Council; and b. That where such credit is granted, the amount of credit shall not exceed twenty-five (25%) percent of the park land dedication requirements for the development. Subd. H The City shall maintain a separate fund into which all cash contributions received from owners or developers in lieu of conveyance or dedication of land for park or playground, public open space or trail purposes shall be deposited and shall make, from time to time, appropriations from such fund for acquisition of land for park and playground purposes, for developing existing park and playground sites, for public open space and trails, or for debt retirement in connection with land previously acquired for parks and playgrounds, which will benefit the residents of the City. Subd. I Time of Payment or contribution: The scheduling of dedication and/or cash payments shall be established in a development agreement between the City and subdivider. Subd. J Subdividers shall dedicate to the City at least the following percentage of gross land area of the proposed subdivision or a cash equivalent: 1 . Residential Development (including single and multiple family) - five (5%) percent per unit per acre. 25 2. Business and Commercial Development -Five (5°k) percent per acre. 3. Industrial Development -Two (2°l0) percent per acre. 4. Mixed Developments -The percentage shall be determined by the percentage of the development which comes within the above categories . 5. The City upon consideration of the particular type of development may require larger or lesser parcels of land to be dedicated if the City finds that present or future residents would require greater or lesser land for park and playground purposes. Subd. K Changes in density of approved plats shall be reviewed by the Park and Recreation Committee for reconsideration of Park Dedication requirements. SECTION 9. REQUIRED BASIC IMPROVEMENTS Subd. A General provisions. 1. Before a final plat is delivered by the City to the subdivider, the subdivider of the land covered by said plat shall pay all applicable fees and execute and submit to the City Council a developer's agreement which shall be binding on his or their heirs, personal representatives and assigns, a part of which agreement shall be set forth that the subdivider will cause no private construction to be made on the lands within said plat, nor shall the subdivider file or cause to be filed any application for building permits for such construction until all improvements required under this Ordinance have been made or arranged for in the manner and conforming to the requirements as set forth herein. 2. Prior to the delivery of the approvedfinal plat, the subdivider shall deposit with the City Treasurer an amount equal to a minimum of one hundred twenty five (125) percent of the City Engineer's estimated cost of the required improvements within the plat, either in a cash escrow fund performance and indemnity bond, or letter of credit. The surety involved in said financial guarantees shall be approved by the City. The said cash escrow letter of credit or performance and indem- nity bond shall be conditioned upon: a. The making and installing of all of the improvements required by the terms and conditions set forth by the City within one (1) year. 26 b. Satisfactory completion of the work and payment therefore, which work was undertaken by the subdivider in accordance with the developer's agreement referred to above. c. The payment by the subdivider to the City of all expenses incurred 6y the City, which expenses shall include but not be limited to expenses for engineering, fiscal, legal, construction and administration. In instances where a cash escrow is sub- mitted in lieu of a letter of credit or performance and indemnity bond, there shall be a cash escrow agreement which shall provide that in the event the required improvements are not completed within one year, all amounts held under the cash escrow agreement shall be automatically turned over and delivered to the City and applied by the City to the cost of completing the required improvements. If the funds available within said cash escrow agreement are not sufficient to complete the required improvements, the necessary additional cost to the City steal I be assessed against the subdivision. Any balance remaining in the wsh escrow fund after such improvements have been made and all expenses therefore have been paid, shall 6e returned to the subdivider. In instances where a letter of credit is used in lieu of a cash escrow or performance and indemnity bond, the said letter of credit shall be in a form satisfactory to the City and the terms thereof shall substantially comply with the procedure as set forth for a cash escrow fund. In instances where a performance and indemnity bond is used in lieu of a cash escrow or letter of credit, the said bond shall be in a form acceptable to the City and steal I comply wRh all requirements as set forth in Minnesota Statutes as amended, which Statutes relate to Surety Bonds. 3. No final plat shall be approved by the Council without first receiving a report signed by the City Engineer and the City Attorney certifying that the improvements described therein together with the agreements and documents required under this Section of the Ordinance, meet the requirements of the City. The City Treasurer shall also certify that all fees required to be paid to the City in connection with the plat have been paid. 4. The City of Lakeville shall where appropriate require of a subdivider submission of a Warranty/Maintenance Bond in the amount equal to the original cost of the improvements, which shall be in force for one year following the final acceptance of any required improvements and shall guarantee satisfactory performance of the said improvements. 27 5. Reproducible "as built drawings" as required by the City Engineer shall be furnished to the City by the subdivider of all required improvements. Such "as built drawings" shall 6e certified to be true and accurate by the registered engineer responsible for the installation of the improvements. 6. All of the required improvements to be installed under the provisions of this C>rdinance shall be approved by and subject to the inspection of the City Engineer. All of the City's expenses incurred as the result of the requirement improvements shall be paid either directly, indirectly or by reimbursement to the City by the subdivider. Subd. B Monuments. 1 . Official monuments, as designated and adopted by the Dakota County Surveyor's Office and approved by the Dakota County District Court for use as judicial monuments, shall be set at each corner or angle on the outside boundary of the final plat or in accordance with a plan as approved by the City Engineer. The boundary line of the property to be included with the plat to be fully dimensioned; all angles of the boundary excepting the closing angle to be indicated; all monuments and surveyor's irons to be indicated, each angle point of the boundary perimeter to be so monumented. 2. Pipes or steel rods shall be placed at each lot and at each inter- section of street center lines. All United States, State, County or other official bench marks, monuments or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat. All lot and block dimensions shall be shown on the plat and all necessary angles pettaining to the lots and blocks, as an aid to future surveys shall be shown on the plat. No ditto marks will be permitted in indicating dimensions. 3. To insure that all irons and monuments are correctly in place follow- ing the final grading of a plat, a second monumentation shal I be required. Proof of the second monumentation shall be in the form of a surveyor's certificate and this requirement shall additionally be a condition of certificate of occupancy as provided for in the Lakeville Zoning Ordinance, as may be amended. 28 Subd. C Street Improvements. 1. The full width of the right-of-way shall be graded, in ac~or- dance with the provisions for construction as outlined in Section 7, Design Standards. 2. All streets shall be improved in accordance with the standards and specifications for street construction as required by the City Council. 3. All streets to be surfaced shall 6e of on overall width in accordance with the standards and specifications for construction as approved by the City Council . The portion of the right-of-way outside the area surfaced shall be sodded or riprapped by the developer if deemed necessary. 4. Where required, the curd and gutter shall be constructed in t accordance to the standards and specifications for street con- struction as set forth and approved by the City Council . 5. The grade and drainage requirements for each plat shall be approved by the City Engineer at the expense of the applicant. Every plat presented for final signature shall be accompanied by a Certificate of the City Engineer that the grade and drainage requirements have been met. In an area not having municipal storm sewer trunk the applicant shall be responsible, before platting, to provide for a storm water disposal plan, without damage to properties outside the platted area, and said storm water disposal plan shall be submitted to the City Engineer, who shall report to the City Council on the feasibility of the plan presented. No plat shall be approved before an adequate storm water disposal plan is presented and approved by the City Engineer and City Council . The use of dry wells for the purpose of storm water disposal is prohibited. 6. Trees and boulevard sodding shall be planted in conformance with the standards and specifications as required by the City Council . 7. Street signs of the design approved by the City Council shall be installed at each street intersection. 8. Driveway approaches and sidewalks of standard design or pedestrian pathways as may be required by the City Council shall be installed. 29 r 9. Street lighting fixtures as may be required by the City Council, shall be installed. Subd. D Sanitary Sewer and Water Distribution Improvements. 1 . Sanitary sewers and water facilities shall be installed in accordance with the standards and specifications as required by the City Council and subject to the approval of the City Engineer. 2. Where City sewer and water facilities are not available for extension into proposed subdivision, the Council may permit the use of individual water and sewer systems in accordance with all appropriate state and local regulations. Subd. E Public Utilities. Telephone, electric and/or gas service lines are to be placed underground in accordance with the provisions of all applicable City Ordinances. Subd. F Election by City to Install Improvements. In accordance with Lakeville City policy, it is the subdivider's responsibility to install all required improvements except that the City reserves the right to elect to install all or any part of the improvements required under the provisions of this C>rdinance in lieu of requiring the subdivider to install such improvements, pursuant to MSA 429, as amended. Subd. G Railroad Crossings. No street dedications will be accepted which require a crossing of a railroad unless sufficient land as determined by the City Council is dedicated to insure a safe view. SECTION 10. NON-PLATTED SUBDIVISION Subd. A Registered Land Surveys. It is the intention of this Ordinance that all registered land surveys in the City of Lakeville should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this Ordinance for preliminary plats and that the Planning Commission sholl first approve the arrangement, sizes, and relationships of proposed tracts in such registered land surveys, and that tracts to be used as easements or roads should be so dedicated. Unless a recommendation and approval have been obtained from the Planning Commission and City Council respectively, in accordance with the stondards set forth in this Ordinance, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved. 30 Subd. B Conveyance by Metes and Bounds. No division of one {1) or more parcels in which the land conveyed is described by metes and bounds shall be made or recorded if the parcels described in the conveyance are five (5) acres or less in area and three hundred (300) feet or less in width unless such parcel was a separate parcel of record at the effective date of this Ordinance. Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method and the City may refuse to take over tracts as streets or roods or to improve, repair or maintain any such tracts. SECTION 11. VARIANCES, PLANNING COMMISSION RECOMMENDATIONS, STANDARDS Subd. A Findings. The Planning Commission may recommend a voriance from the minimum standards of this Ordinance (not procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In recom- mending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds: 1 . That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land. 2. That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated. 3. That the variance is to correct inequities resulting from an extreme physical hardship such as topography, etc. After considerations of the Planning Commission recommendations, the City Council may grant variances, subject to 1, 2 and 3 immediately above. 31 Subd. B Procedures. 1 . Requests for a variance or appeal shall be filed with the City Administrator on an official application form. Such opplication shall be accompanied by a fee as established by City Council resolution. Such application shall also 6e accompanied by ten (10) copies of detailed written and graphic materials necessary for the explanation of the request. 2. Upon receiving said application, the City Administrator shall refer the application, along with all related information, to the City Planning Commission for a report and recommendation to the City Council. 3. The Planning Commission shall consider the variance at its next ' regular meeting unless the filing date falls within fifteen (15) days of said meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The City Administrator shall refer said application, along with all related infc~^~ation to the City Planning Commission for consideration and a report and recommendation to the City Counci I . 4. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed variance request. 5. The variance application shall be referred to the City staff for a report and recommendation to be presented to the Commission. A preliminary draft of the City staff's report and recommendations shall be given to the City Planning Commission at least seven (7) days prior to the meeting at which said report and recommendations are to 6e presented. The final report and recommendations to the City staff is to be entered in and made part of the permanent written record of the Planning Commission meeting. 6. The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning the variance or to retain expert testimony with the consent and at the expense of the applicant concerning said variance where said information is declared necessary to insure preservation of health, safety and general welfare. 32 7. The Planning Commission shall request the City Administrator to set a date for a publ is hearing. Notice of such hearing shall be published in the official newspaper at least ten (10) days prior to said hearing, and individual notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within three hundred fifty (350) feet of the parcel included in the request. 8. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Ordinance. 9. The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of the Ordinance. Such recommendation shall be in writing and accompanied by the report and recommendation of the City staff. 10. The City Council shall not grant a variance until they have received a report and recommendation from the Planning Commission and the City staff or until sixty (60) days after the first regular Planning Commission meeting at which the request was considered. 11 . Upon receiving the report and recommendation of the Planning Commission and City staff, the City Council shall ploce the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. 12. Upon receiving the report and recommendation of the Planning Commission and City staff, the City Council shall make a recorded finding of fact and impose any condition it considers necessary to protect the public health, safety and welfare. 13. The City Council shall decide whether to approve or deny a request for a variance or an appeal within thirty (30) days after the public hearing on said request. 14. A variance of this Subdivision Ordinance or grant of an appeal shall be by majority vote of the full City Council. 15. The City Administrator shall notify the originator of the variance request or appeal of the City Council's decision in writing. 33 SECTION 12. VIOLATIONS AND PENALTY 5ubd. A Sale of Lots from Unrecorded Plats. It shall be unlawful to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in con- formity with any plan, plat or replat of any subdivision or area located within the jurisdiction of this Ordinance unless said plan, plat or replat shall have first been recorded in the Office of the Recorder of Dakota County. 5ubd. B Receiving or Recording Unapproved Plats. It shall be unlawful for a private individua to receive or record in any public office any plans, plats of land laid out in building lots and streets, alleys, or other portions of the same intended to be dedicated to public or private use, or for the use of purchasers or owners of lots fronting on or adjacent thereto, and located within the jurisdiction of this Ordinance, unless the same shall bear thereon, by endorsement or otherwise, the approval of the City Council. 5ubd. C Misrepresentation as to Corutruction, Supervision, or Inspection of Improvements. It shall be unlawful for any person, firm or corporation owning an addition or subdivision of land within the City to represent that any improvement upon any of the streets, alleys or avenues of said addition or subdivision or any sewer in said addition or subdivision has been constructed according to the plans and specifications approved by the City Council, or has been supervised or inspected by the City, when such improvements have not been soconstructed, supervised or inspected. 5ubd. D Penalty. Anyone violating any of the provisions of this Ordinance shall be guilty of an offense punishable by a fine of not more than five hundred dollars ($500.00) or by a commitment to jail for a period of not to exceed ninety (90) days. Each month during which compliance is delayed shall constitute a separate offense. 34 SECTION 13. ENACTMENT This Ordinance shall take effect upon its adoption and publication. Adopted this 19th day of December, 1977. CITY OF LAKEVILLE (~j Edward Mako, Mayor ATTE f atrick E. McGa vey, Jerk 35 La" kevi e Times 1.11.78 E OF MINNESOTA ) r NTY OF DAKOTA ) SS AN ORDINANCE ESTABLISHING : SECTIONS. REGULATIONS '-FOR" THE SUB• ' DIVISION AND'PLATTING OF ; LAND WITHIN THE :CITY ' OF LAKEVILLE, DEFINING,CERTAIN TERMS USED THEREIN PROVID- ING FOR THE PREPARATION OF . _ y PLATS: PROVIDING, FOR THEINSum; A Ale STALLATION OF.,STREETS SAND `right of -way °prii OTHER IMPROVEMENTS: PRO a` serve'as'seed'nda VIDING FOR THE DEDICATION or rear'of$ thds OF CERTAIN LAND FOR PARKS principal fronfa AND PLAYGROUNDS:-,ESTAB ' .rzs LISI-IING PROCEDURES FOR AP' PROVAL AND THE RECORDING., OF PLATS: PROVIDING PENAL TIES FOR VIOLATION .OF THIS ORDINANCE ANDRPFA[ TNG ORDINANCES' OR PARTS OF OR- DINANCES -INCONSISTENT`.• HEREWITH, •r 4 " THE COUNCIL OF THE CITY OF LAKEVILLE DOES ORDAIN r r SECTION 1 GENERA PROVISIONS tiµ. Subd ",A. Short Title This dinance shall The known as "SUBDIVISION ORDINANCE ` O THE CITYe OF LAKEVILLE"; art will be referred .to. herein as "this dinance." Subd. ` B r' Purpose.'.:n order to safeguard the best interests of the City of Lakeville nand, to assist' the subdivider in harmonizing, his in-' terests with Those of the City at large, the following Ordinance is `adopted s ` so that the . adherence to' sanie will bring results beneficial fo both par- ties.' It is the purpose of this Ordinan- ce to make :certain regulations and requirements for the platting of land within the City of Lakeville pursuant to the authority contained "in' Min- nesota. Statutes Annotated, which regulations the City :Council deems necessary for the health, safety and general welfare of this' community: Subd. 'C*,. Approvals' Necessary for Acceptance of -Subdivision Plats. Before any plat shall be recor- ded or be of any validity, it shall be referred to the City Planning Com mission and,y approved by the'` City Council of Lakeville as having fulfilled the requires ents of this Ordinance, Subd D. Conditions "for. Recor din No)ilat df ani ibdivisfoii`shall` libdi}B.1 delmann, being duly sworn, on oath says he is and during all times ted has been the publisher and printer of the newspaper known as THE LE TIMES and has full knowledge of the facts herein stated as follows: ewspaper is printed in the English language in newspaper format and and sheet form equivalent in printed space to at least 900 square inches. newspaper is a weekly and is distributed at least once each week. ewspaper has 50% of its news column devoted to news of local interest munity which it purports to serve and does not wholly duplicate any Iication and is not made up entirely of patents, plate matter and adver- . (4) Said newspaper is circulated in and near the municipality which it to serve, has at least 240 copies regularly delivered to paying rs, has an average of at least 75% of its total circulation currently paid or than three months in arrears and has entry as second class -matter in st - office. (5) Said newspaper purports to serve the Village of Lakeville my of Dakota and it has its known office of issue in the City of Lakeville in y, established and open during its regular business hours for the gather - land `proposed_ - rrw s, sale of advertisements and sale of subscriptions and maintained by •her or persons in his employ and subject to hs direction and control dur- his resentaliot ch regular business hours and at which said newspaper is printed. wired from ses. Sub •within a'subdivis bounded i;` stree the, entire boon e silSbdMSi'on';" e above with a' Subd. D Bo of the'street right- 'turbine and the s ereto attached as a part hereof was cut from the columns of aper, and was printed and published therein in the English language, week OVII, successive weeks that was first so on Wednesday the _day of 19 7g newspaper files a copy of each issue immediately with the orical Society. (7) Said newspaper has complied with all the foregoing for at (east two years preceding the day or dates of publication below. (8) Said newspaper has filed with the Secretary of State of prior to January 1, 1966 and each January 1 thereafter an affidavit .in escribed by the Secretary of State and signed by publisher of said news - d sworn to before a notary public stating that the news- egal newspaper. (9) Said newspaper was on May 20, 1965 qualified as a official and legal publication and has continually thereafter met the onditions. / AA i er states on oath that the printed Cl 1 fl1 1 i iii /13 ;Subd. E. •Bull built'i*or'• the sup closure `of persons or movable'p • includes any strut Lakeville. Subd. G. Cit governing rbody Lakeville. : day of ,19_ and that after l printed and published on every Wednesday to and in- 1 LPX day of rd/1t Ci , 19 nand 'lowing is a printed copy of the lower case alphabet fromA to Z. ve. and is hereby acknowledged as being the size and kind of- type he composition and publication of said notice, to - wit: abcdefghijklmnopqrstuvwxyz Subd. H. Comp The group of maps that make up long-range plan of Subd. 1 Design specifications to lan dividers for the pr and both preliminary an among other thing., minimum or maximi' such •items as : right easement's and lots. Subd. J. Easem property owner for of land and for the strutting and,; mai utiiities lnduding, wetlands, ' ponding:: sworn to before me this ;25 day of `1"'d` 19�� 'NOTARY Public, Dakota County, Mn. My Commission expires