Ord 131 Subdivision and PlattingORDINANCE NO. 301
TABLE OF CONTENTS
Page
Number
SECTION
1
General Provisions ...........................
(301) 1
SECTION
2
Rules and Definitions .........................
(301) 3
_ SECTION
3
Procedure ...................................
(301) 6
SECTION
4
Data Required for Preliminary and
Final Plats ..................................
(301) 8
SECTION
5
Design Standards .............. • ..............
(301) 14
SECTION
6
Parks, Open Space and Public Use ........ • .....
(301) 21
SECTION
7
Development Rights Transfer • ..................
(301) 22
SECTION
8
Required Basic Improvements ...................
(301) 23
SECTION
9
Variances • ..................................
(301) 25
SECTION
10
Registered Land Surveys and Conveyance
by Metes and Bounds .........................
(301) 26
SECTION
11
Compliance .................................
(301) 27
SECTION
12
Fees .... •...................................
(301) 28
SECTION
13
Violations and Penalty ........................
(301) 29
SECTION
14
Validity ....................................
(301) 30
SECTION
15
Effective Date ...............................
(301) 31
CITY. OF MENDOTA, HEIGHTS
ORDINANCE NO, 1.31
CODIFIED AS ORDINANCE NO. 301
AN ORDINANCE ESTABLISHING REGULATIONS -FOR -THE SUBDIVISION AND
PLATTING OF LAND WITHIN THE CITY OF MENDOTA HEIGHTS, DEFINING
CERTAIN'TERMS USED THEREIN; PROVIDING FORJHE PREPARATION OF PLATS;
PROVIDING FOR THE INSTALLATI;O.N 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 HERE-
WITH.
THE COUNCIL OF THE CITY OF MENDOTA HEIGHTS DO ORDAIN:
SECTION 1 GENERAL PROVISIONS
1.1 SHORT TITLE
This Ordinance shall be known as the "SUBDIVISION ORDINANCE OF THE
CITY OF MENDOTA HEIGHTS", and will be referred to herein as "This
Ordinance".
1.2 PURPOSE
In order to safeguard the best interests of the City of Mendota Heights and to
assist the subdivider in harmonizing his interests with those of the City at large,
the following Ordinance is adopted in order that 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
Mendota Heights 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.
(301) 1
1.3 SCOPE
The provisions of this Ordinance relate to any division of a tract of land into
two or more parcels by platting, replatting, conveyance, registered land survey,
or other means.
1.4 APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS
Before any plat shallbe recorded or be of any validity, it shall be referred
to the City Planning Commission and approved by the City Council of Mendota
Heights as having fulfilled the requirements of this Ordinance. -
(301) 2
SECTION 2 RULES AND DEFINITIONS
2.1 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.
2.2 DEFINITIONS
For the purpose of this Ordinance, certain words and terms are hereby defined
as fol I ows:
2.2 (1) Alley - is a public right-of-way which affords a secondary means of access
to abutting property.
2.2 (2) Block - is an area of land within a subdivision that, is entirely bounded
by streets, or by streets and the exterior boundary or boundaries of the
subdivision, or a combination of the above with a river or lake.
2.2 (3)�t - is the City of Mendota Heights.
2.2 (4) City Council - is the governing body of the City of Mendota Heights.
2.2 (5) Comprehensive Plan - refers to the group of maps, charts and texts that
make up the Comprehensive long-range plan of the City.
2.2 (6) Design Standards - are 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.
2.2 (7) Easement - is a grant by a property owner for the use of a strip of land
for the purpose of constructing and maintaining drives, utilities, including,
but not limited to, sanitary sewers, water mains, electric lines, telephone
lines, storm sewer or storm drainage ways and gas lines.
2.2 (8) Final Plat - is 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
purposes of recording.
(301)3
2.2 (9) Lot - is a portion of a subdivision or other parcel of land intended for
building development or for transfer of ownership.
2.2 (10) Owner - includes the plural as well as the singular, and where appro-
priate shall include a natural .person, partnership, firm association, public
or quasipublic corporation, private corporation, or a combination of them.
2.2 (11) Parks and Playgrounds - are public land and open spaces in the City of
Mendota Heights dedicated or reserved for recreation purposes.
2.2 (12) Percentage of Grade - on street center line, means the distance vertically
(up or down) from the horizontal in feet and tenths of a foot for each one
hundred feet of horizontal distance.
2.2 (13) Pedestrian Way - is a public or private right-of-way across a b'lock or
within a block to provide access for pedestrians and which may be used
for the installation of utility lines.
2.2 (14). Planning Commission - is the Planning Commission of the City of Mendota
Heights.
2.2 .(15) Preliminary Plot,- is a tentative drawing or map of a proposed subdivision
meeting requirements herein enumerated.
2.2 (16) Protective Covenants - are contracts made between private parties as to �+
the manner in which land may be used, .with the view. to protecting and
preserving the physical and economic integrity of any given area.
2.2 (17) Street - is a public right-of-way affording primary access by pedestrians
and vehicles to abutting properties, whether designated as a street, highway,
thoroughfare, parkway, road, avenue, boulevard, in accordance with the
Metropolitan Council Functional Classification of Transportation Facilities.
2.2 (18) Streets- Thoroughfares - Arterial Streets - are those used primarily for
heavy traffic, and serving as arterial trafficways be the various
districts of the Community, as shown on the Comprehensive Plan.
2.2 (19) Streets - Collector Street - are those that carry traffic from minor streets
to the mior system of thoroughfares and highways, including the principal
entrance streets of residential districts, as shown on the Comprehensive Plan.
(301) 4
2.2 (20) Street - Minor Streets - are those which are used primarily for access to
abutting properties.
2.2 (21) Street - Marginal Access Streets - are minor streets which are parallel
and adjacent to thoroughfares and highways; and which provide access to
abutting properties and protection from through traffic.
-� 2.2 (22) Street - Cul-de-sac - is a minor street with only one outlet and having
an appropriate terminal for the safe and convenient reversal of traffic
movement.
2.2 (23) Street Width - is the shortest distance between lines of lots delineating
the streets right-of-way.
2.2 (24) Subdivider - is any individual, firm, association, syndicate, co -partnership,
corporation, trust or other legal entity having sufficient propriertary interest
in the land sought to be subdivided to commence and maintain proceedings
to subdivide the some under this Ordinance.
2.2 (25) Subdivision is a described tract of land which is to be or has been divided
into two or more lots or parcels for the purpose of transfer of ownership or
building development, or, if a new street is involved, any division of a parcel
of land. The term includes resubdivision and, where it is appropriate to the
context, relates either to the process of subdividing or to the land subdivided.
2.2 (26) Tangent - is a straight line that is perpendicular to the radius of a curve
where a tangent meets a curve.
2.2 (27) Vertical Curve - is the surface curvature on a street center line located
between lines of different percentage of grade.
(301) 5
SECTION 3 PROCEDURE
3.1 PRELIMINARY PLAT
3.1 (1) Filing. Fifteen (15) copies of. the preliminary plat shall be filed with the
City Clerk. The required filing fee as established in Section XII shall be
paid and any necessary applications for variances from the provisions of
this Ordinance shall be filed with the required fee before the proposed
plat shall be considered officially filed. All plats shall be accompanied C
by an abstractor's certificate, properly certified, identifying the owner
of the property in question, and the owners of all properties situated
within 350 feet of the boundary of the property in question. The proposed
plat shat I be placed on the agenda of the first Planning Commission meeting
after ten (10) days from date of filing.
3.1 (2) Hearing. The Planning Commission upon receipt of said application shall
instruct the City Clerk to set a public hearing for the 'next regular meeting
of the Planning Commission. The Planning Commission shall conduct the
hearing, and report upon findings and make recommendations to the City
Council. Notice of said hearing shall be published in the official news-
paper at least ten (10) days prior to the hearing and written notification
of said hearing shall be mailed at least ten (10) days prior, to all owners
of land identified on the above mentioned abstractor's certificate.
3.1 (3) Technical Assistance Reports. After the public hearing has been set, the
City dministrator shal I instruct the staff to prepare technical reports,
(where appropriate) and provide general assistance in preparing a recom-
mendation on the action to the City Council.
3.1 (4) Review by Other Commissions or Jurisdictions. When appropriate, the City
Administrator shall file copies of the preliminary plat with the Park and
Recreation Commission and/or Dakota County for their review and comment.
3.1 (5) Report to Council. The Planning Commission shall make a recommendation
tote City Council within sixty (60) days following the public hearing.
3.1 (6) City Council Action:
(a) The Council shall act upon the preliminary plat within one hundred
twenty (120) days of the date on which it was officially filed. If
the recommendation of the Planning Commission has not been received ('
in time to meet this requirement, the Council may act on the
preliminary plat without such recommendation.
(301) 6
(b) If the preliminary plat is not approved by the Citytouincll, 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 approval 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 plat as it deems necessary for the health, safety,
.general welfare and convenience of the City of Mendota Heights and
its residents.
3.2 FINAL PLAT
After the Preliminary Plat has been approved'. the Final Plat maybe submitted
for approval as follows:
3.2 (1) Approval of the Planning Commission.
The Final Plat shall be filed with the City Clerk and submitted to the
Planning Commission at least twenty (20) day s prior to'a Commission
meeting at which consideration is requested. During the said twenty
(20) days, the City staff shall examine the final plat and prepare a
recommendation to the Planning Commission. 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 reason
for such action and what requirements shall be necessary to meet the
approval of the Commission.
3.2 (2) . Approval of the City Council.
After review of the Final Plat by the Planning Commission, such Final
Plat, together with the recommendations of the Planning Commission shall
be submitted to the City Council for approval. If accepted, the final
plat shall be approved by resolution, which resolution shall provide for
the acceptance of all agreements for basic improvements, public dedica-
tion 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 .
(301)7
SECTION 4 DATA REQUIRED FOR PRELIMINARY AND FINAL PLATS
4.1 PRELIMINARY PLAT
The Owner or Subdivider shall prepare and submit a,;Preliminary Plat, together
with any necessary supplementary information setting forth:
4.1 (1) Contents - The Preliminary Plat shall contain the following information:
(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 the developer and the designer making
the plat.
(d) Scale of plat, not.less than one (1) inch to one hundred (100) feet.
(e) Date and northpoint.
4.1 (2) Existing Conditions
(a) Boundary line of proposed subdivision, clearly indicated and to
a close degree of accuracy.
(b) Existing zoning classifications for land within and abutting the
subdivision.
(c) A general statement on the approximate acreage and dimensions
of the I ots .
(d) Location, right-of-way width, and names of existing or platted
streets, or other public ways, parks, and other public lands,
- permanent buildings and structures, easements and section and
corporate lines within the plan and to a distance one hundred fifty
(150) feet beyond shall also be indicated.
(e) Boundary lines of adjoining unsubdivided or subdivided land, within
one hundred fifty (150) feet, identified by name and ownership,
including all contiguous land owned or controlled by the subdivider.
(301) 8
(f) Topographic data, including contours at vertical intervals of
not more than two (2) feet. Water courses, marshes, rock outcrops,
power transmission poles and lines; and other significant features
shall also be shown. U.S.G.S. data shall be used for all topo-
graphic mapping where feasible.
(g) An accurate soil survey of the subdivision prepared by a qualified
person.
(h) 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.
4.1 (3) Proposed Design Features
(a) Layout of proposed streets showing the right-of-way widths, center-
line gradients, typical cross sections, and proposed names of streets.
The name of any street heretofore used in the county 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. Street names shall conform to the master street name and
numbering system as adopted.
(b) Locations and widths of proposed alleys and pedestrian ways.
(c) Layout, numbers and preliminary dimensions of lots and blocks.
(d) Minimum front and side street building setback lines.
(e) When lots are located on a curve, the width of the lot at the
building setback line.
(f) 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.
(g) Size of individual lot areas noted in square footage.
(301) 9
4.1 (4) Other Information
(a) Statement of the proposed use of lots stating type of residential
buildings with number of proposed dwelling units and type of
business or industry, so as to reveal the effect of the development
on traffic, fire hazards, and congestion of population.
(b) Provision for surface water disposal, drainage, and flood control.
(c) If any zoning changes are contemplated, the proposed zoning
plan for the areas.
(d) Where the subdivider owns property adjacent to that which is
being proposed for the subdivision, the Planning Commission shall
require that the subdivider submit a sketch plan of the remainder
of the property so as to show the possible relationships between
the proposed subdivision and the future subdivision. In any event,
all subdivisions shall be shown to relate well with existing or
potential adjacent subdivisions.
(e) Where structures are to be placed on large lots (over 30,000 square
feet), the preliminary plat shall indicate placement of structures
so that lots may be further subdivided.
(f) Potential resubdivision and use of excessively deep (over 200
feet) lots shall be shown and the preliminary plat shall indicate place-
ment of structures so that lots may be further subdivided.
(g) A plan for soil erosion and sediment control both during construction
and after development has been completed. The plan shall include
gradients of waterways, design of velocity and erosion control
measures, and landscaping of the erosion and sediment control system.
(h) A vegetation preservation and protection plan that shows those
trees proposed to be removed, those to remain, the types and locations
of trees and other vegetation that are to be planted.
(i) Such other information as may be requested by the Engineer, Surveyor
or Planning Commission.
(301) 10
4.2 FI NAL PLAT
The owner or subdivider shall submit a Final Plat together with any necessary
supplementary information.
4.2 (1) Contents
The Final Plat, prepared for recording purposes, shall be prepared in
} accordance with provisions of Minnesota State Statutes and Dakota
County regulations, and such Final Plat shall contain the following
information:
(a) Names of the subdivision, which shall not duplicate or too
closely approximate the name of any existing subdivision.
(b) 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 of closure on
any portion of a final plat shall be one (1) foot in seventy five
hundred (7500) .
(c) 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. Permanent markers shall be placed at each
corner of every block or portion of a block, points of curvature
and points of tangency on street lines, and at each angle point
on the boundary of the subdivision. A permanent marker shall be
deemed to be a steel rod or pipe, one-half (1/2) inch or larger in
diameter extending at least three (3) feet below the finished grade.
In situations where conditions prohibit the placing of markers in the
locations prescribed above, offset markers will be permitted. The
exact location of all markers shall be shown on the final plat, together
with accurate interior angles, bearings and distances. Permanent
monuments shall be placed at all quarter section points within the
subdivision or on its perimeter.
(d) Location of lots, streets, public highways, alleys, parks and other
features, with accurate dimensions in feet and decimals of feet, with
the length of radii and/or arcs of all curves, and with all other
information necessary to reproduce the plat on the ground shall be
shown. Dimensions shall be shown from all angle points of curve to
lot lines.
(301) 11
(e) Lots shall be numbered clearly. Blocks are to be numbered,
with numbers shown clearly in the center of the block.
(f) The exact locations, widths, and names of all streets to be
dedicated
(g) Location and width of all easements to be dedicated.
(h) Building setback lines on front and side street with dimensions.
(i) Name and address of developer and surveyor making the plat,
(j) Scale of plat (the scale to be shown graphically and in feet per
inch), date and north point.
(k) 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".
(1) 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,
(m) Statement establishing building setback lines as follows: Building
setback lines are hereby established as shown on the accompanying
plat and no building or portion thereof shall be built between this
line and the street line,
4.2 (2) Additional Plats
All subdividers shall submit two reproducible copies of the final plat showing
clearly lot configuration, actual dimensions and exact lot size in square
footage, as certified by a Registered Land Surveyor.
4.2 (3) Certifications required
(a) Notarized, certification by owner, and by any mortgage holder
or record, of the adoption of the plat and the dedication of streets
and other public areas.
(b) Notarized certification by a registered land surveyor, or county
surveyor, to the effect that the plat represents a survey made by
him and that monuments and markers shown therein exist as located
and that all dimensional and geodetic details are correct.
(301) 12
(c) Certification showing that all taxes and special assessments due
on the property have been paid in ful I, if requested by the City
Council.
(d) 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 Mendota Heights
this day of 19
Signed:
Chairman
Attest:
Secretary
The form of approval of the City Council is as follows:
Approved by the City of Mendota Heights, Minnesota this
day of 19
Signed: Mayor
Attest:
City Clerk
(301) 13
SECTION 5 DESIGN -STANDARDS
5.1 BLOCKS
5,1 (1) Block length - in general, intersecting streets, determining block
lengths, shall be provided at such intervals as to serve cross -traffic
adequately and to meet existing streets. Where no existing plats control;
the blocks in residential subdivisions shall normally not exceed thirteen
hundred twenty (1320) 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. Blocks for business
or industrial use should normally not exceed thirteen hundred twenty
(1320) feet in length.
5.1 (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.
5,2 LOTS
5.2 (1) The minimum lot area, width and depth shall not be less than that established
by the Zoning Ordinance in effect at the time of adoption of the Final
Plat.
5,2 (2) Corner lots for residential use shall have additional width to permit appropriate
building setback from both streets as required in the Zoning Ordinance.
5.2 (3) Side lines of lots shall be approximately at right angles to street lines or
radial to curved street lines.
5,2 (4) Every lot must have the minimum frontage as required in the Zoning
Ordinance on a City approved street other than an alley.
(301) 14
5.2 (5) 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 Mendota Heights
Zoning Ordinance. On those lots which are intended for business use,
the setback shall be at least that required by the Mendota Heights Zoning
Ordinance.
5.3 STREETS AND ALLEYS
5.3 (1) Except for cul-de-sacs, streets normally 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 convience and safety, and in their
appropriate relation to the proposed uses of the area to be served.
5.3 (2) Minor streets should be so planned as to discourage their use by non -
local traffic. Dead end streets are prohibited, but cul-de-sacs will be
permitted only where topography or other conditions justify their use.
Cul-de-sacs shall normally not be longer than five hundred (500) feet,
including a terminal turn -around which shall be provided at the closed end,
with an outside curb radius of at least forty-nine (49) feet and a right-of-way
radius of not less than sixty (60) feet.
5.3 (3) Where the plat to be submitted includes only part of the tract owned or
intended for development by the subdivider, a tentative plan of a proposed
future street system for the unsubdivided portion shall be prepared and
submitted by the subdivider.
5.3 (4) 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.
5.3 (5) 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.
(301) 15
5.3 (6) Wherever the proposed subdivision 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, 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.
5.3 (7) Alleys shall be provided in commercial and industrial districts, except
that this requirement maybe waived where other definite and assured
provision is made for service access, such as 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 residential 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 turn -around facilities
are provided at the closed end.
5.3 (8) Dedication of half streets will not be approved, except where it is essential
to the reasonable development of the subdivision and in conformity with
the other requirements of these regulations, where it is found that it will
be practical to require the dedication of the other half when the adjoining
property is subdivided, or where it becomes necessary to acquire the
remaining half by condemnation so that it may be improved in the public
interest.
5.3 (9) For all public ways hereafter dedicated and/or accepted, the minimum right-
of-way width for streets, thoroughfares, alleys, or pedestrian ways included
in any subdivision shall not be less than the minimum dimensions for each
classification as follows:
Arterial Street 80-100 feet
Collector Street 60 feet
Minor Street 60 feet
Cul-de-sac or Marginal Access
Service Streets 60 feet
Alley- 30 feet
Pedestrian Way 10 feet
*Private Common Access 30 feet
*The City Council may chose to approve private common access for P . U . D . ,
townhouse development, etc., where appropriate. Standards for said access,
however, shall comply with minimums as outlined for minor streets (except
Right -of -Way) and all other provisions as required by the City Council.
(301) 16
Where the existing or anticipated traffic on Primary and Secondary
Thoroughfares warrants greater widths of rights-of-way, these shall
be required.
5.3 (10) Street grades - except when, upon the recommendation of the City,
Engineer that the topography warrants a greater maximum, the grades
in all streets, thoroughfares, collector streets, minor streets, and
alleys in any subdivision shall not be greater than the maximum grades
for each classification as follows:
Arterial Street 6 Percent
Collector Street 6 Percent
Minor Street 6 Percent
Alley 6 Percent
In addition, there shall be a minimum grade on all streets and thorough-
fares of not less than 0.20 percent.
5.3 (11) Street alignment - the horizontal and vertical alignment standards
on all streets shall be as follows:
(a) Horizontal - radii of center line:
Arterial Street 150.feet minimum
Collector Street or Minor
Street 50 feet minimum
5.4 EASEMENTS
5.4 (1) An easement for utilities at least five (5) feet wide, shall be provided
along the side line of lots or the front or rear line of lots where necessary
to form a continuous right-of-way. A similar easement of at least five
(5) feet in width shall be provided across the front of each line of lots.
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 lots.
(301) 17
5.4 (?) 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 recommendation from the Planning Commission.
5.4 (3) Additional easements for pole guys should be provided at the outside
of turns. Where possible, lot.lines shall be arranged to bisect the
exterior angle so that pole guys will fall alongside lot lines.
5.4 (4) Where a subdivision is traversed by a water course, drainage way, channel,
or stream, a storm sewer easement, drainage right-of-way or park dedication
whichever the Planning Commission may deem the most adequate, con-
forming substantially with the lines of such water courses shall be provided,
together with such further width or construction, or both, as will be
adequate for the storm water drainage of the area. The width of such
easements shall be determined by the City Engineer.
5.5 EROSION AND SEDIMENT CONTROL
5.5 (1) The development shall conform to the natural limitations presented by
topography and soil so as to create the least potential for soil erosion.
5.5 (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.
5.5 (3) Land shall 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.
5.5 (4) When soil is exposed, the exposure shall be for the shortest feasible
period of time.
5.5 (5) Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The soil shall be restored
to a depth of four (4) inches and shall be of a quality at least equal
to the soil quality prior to development.
(301) 18
5.6 DRAINAGE
5.6 (1) Where Municipal Storm Sewer Systems do not exist, or the introduction
of said system is deemed inappropriate by the City Council, storm water
drainage shall be discharged to marshlands, swamps, retention basins or
other treatment facilities. Diversion of storm water to marshlands or
swamps shall be considered for existing or planned surface drainage.
Marshlands and swamps used for storm water shall provide for natural
or artificial water level control .
5.6 (2) No existing ditch, stream, drain, pond, or drainage canal shall be
deepened, widened, filled, rerouted or filled without written permission
from the City Council .
5.6 (3) Where artificial channels must be constructed to augment the natural
drainage system, such channels as well as the natural drainage ways
may be planned as part of a recreation system.
5.6 (4) The drainage system shall be constructed and operational during the
initial phases of construction.
5.7 WET SOILS
To facilitate storm water drainage system design, mitigate potential adverse
environmental impact, minimize detrimental and/or costly structural problems,
subdivision design shall be consistent with limitations presented by wet soils.
Approval of subdivision proposal within these delineated areas will require an
engineering analysis and assessment pertaining to soil drainage, permeability
and other engineering characteristics. The engineering analysis shall define
and recommend the extent to which grading, excavating and filling of wet
soil may be permitted without undue adverse impact upon the overall surface
water management of the delineation watershed district within the development
is proposed.
(301) 19
5.8 STEEP SLOPES
Subdivision design shall be consistent with limitations presented by steep slopes.
Subdivisions shall be designed so that no construction or grading will be con-
ducted on slopes steeper than eighteen (18) percent in grade.
Steep slopes maybe deeded to the City or an officially recognized Homeowners
Association. Upon City Council approval, deeding of steep slopes may be used
to satisfy public land dedication requirements as established in Section 6.'
(301)20
SECTION 6 PARKS, OPEN SPACE AND PUBLIC USE
6.1 Pursuant to Minnesota Statutes 1971, Section 462.358, Subdivision 2, as.
amended in Chapter 176 Minnesota Laws 1973, the City Council of the,
City of Mendota Heights shall require all developers requesting platting or
replotting of land in the City of Mendota Heights to contribute ten (10)
percent of final plat gross area to be dedicated to the public for their use.
as either parks, playgrounds, public open space, trail systems, water
ponding or to contribute an equivalent amount of cash, based upon the
conditions outlined below. The form of contribution (cash or land, or
any combination of) shall be decided by the City Council based upon
need and conformance with approved City plans.
6.2 All monies collected from cash contributions shall be placed in a special
fund from which only those public uses, as listed in 6.1 above may be con-
structed or improved, or land for those same uses may be acquired.
6.3 Upon petition by the developer, the Council may approve a delay in the
actual dedication of the cash required in lieu of land until such time as
development occurs on the property being platted provided that a proper
legal agreement is executed guaranteeing such dedication. Delayed
dedication payment shall include 8% interest per year.
6.4 Where a proposed park, playground or other recreational areas, proposed
school site or other public ground that has been indicated in the official
map and/or master plan is located in whole or in part within a proposed
subdivision such proposed public site shall 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
under this section hereof for such proposed public site, the Council shall not
be required to act to approve or disapprove the plat of the subdivision for a
period of ninety (90) days after the subdivider meets all the provisions of
the subdivision Title in order to permit the Council, School Board or other
appropriate governmental unit to consider the proposed plat and to take the
necessary steps to acquire, through purchase or condemnation al I or part of
the public site proposed under the official map or master plan.
6.5 In such cases where the developer is required to dedicate land area, the City
Council of the City of Mendota Heights, shall have the right to determine the
geographic location and configuration of said dedication.
(301) 21
SECTION 7 DEVELOPMENT RIGHTS TRANSFER
As dedication of steep slopes, drainage ways, and wetlands may substantially reduce
the total number of lots platted within a development, the City Council may consider
the transfer of development rights from that area which is to be dedicated, to an
abutting developable area within the same plat. The City Council may consider
the transfer of development rights when the following conditions exist:
7.1 The need for dedication of said environmentally significant physical features
is greater than can be accommodated through the public (park and open space)
dedication requirements of this Ordinance.
7,2 The area from which the development rights have been transferred is permanently
deed restricted to allow no development of commercial, industrial or residential
structures, where the deed is held by an officially recognized Homeowners
Association.
7,3 The proposed development must conform to the appropriate parking restrictions
as outlined in the Mendota Heights Zoning Ordinance.
7,4 The proposed development must conform to the established permitted or conditional
uses of the appropriate zoning district for which the property is so designated.
(301) 22
SECTION 8 REQUIRED BASIC IMPROVEMENTS
8,1 GENERAL
8.1 (1) Before a final plat is approved by the City Council, the owner or sub-
divider of the land covered by the said plat shall execute and submit to
the Council an agreement, which shall be binding on his or their heirs,
personal representatives and assigns, that he will cause no private con-
struction to be made on said plat or file or cause to be filed any
application for building permits for such construction until all improve-
ments required under this Ordinance have been made or arranged for in
the manner following as respects the streets to which the lots sought to
be constructed have access.
8.1 (2) Prior to the making of such required improvements, the Council shall
require the owner or subdivider to deposit with the City Clerk an
amount equal to the City's estimated cost of such improvements, either
in cash or an indemnity bond, with sureties satisfactory to the City,
conditioned upon the payment of all construction costs incurred in making
of such improvements and all expense incurred by the City for engineering
and legal fees and other expense in connection with the making of such
improvements.
8.1 (3) No final plat shall be approved by the City Council without first
receiving a report from the City Engineer certifying that the improvements
described herein, together with the agreements and documents required
herein, meet the minimum requirements of all applicable ordinances.
8.1 (4) All of the required improvements to be installed under the provisions of
this Ordinance shall be inspected during the course of their construction
by the City Engineer. All of the inspection costs pursuant thereto shall be
paid by the owner or subdivider in the manner prescribed in Paragraph (2)
above.
8.1 (5) All plans for said erosion, sediment control and vegetation preservation,
as required in Section 4.1 (4), (g) and (h), shall be approved in
conjunction with an approved time schedule for the phasing of said
protection plans during and after construction.
(301) 23
8.2 STREET, SANITARY SEWER AND WATER DISTRIBUTION IMPROVEMENTS
8.2 (1) The City of Mendota Heights currently performs all street, sanitary
sewer and water distribution improvements, however, they reserve
the right to request that developers make all necessary improvements
at any time.
8.2 (2) Street trees and boulevard sodding shall be planted in conformance with
the standards and specifications as required by the City Council.
8.3 PUBLIC UTILITIES
8.3 (1) Where feasible, in the opinion of the Engineer, all utilities lines for
telephone and electric service shall be placed in rear line easements
when carried on overhead poles.
8.3 (2) Where telephone, electric and/or gas service lines are to be placed
underground entirely, conduits or cables shall be placed within easements
or dedicated public ways, in such a manner so as not to conflict with
other underground services. All drainage and other underground utility
installations which traverse privately owned property shall be protected
by easements furnished by the subdivider.
8.4 STORM WATER DRAINAGE
8.4 (1) No final plat shall be'approved by the City Council on land subject to
flooding or containing poor drainage facilities or on land which would
make adequate drainage of the streets and lots impossible. However, 'if
the subdivider agrees to make improvements which will, in the opinion
of the City Engineer, make the area completely safe for residential
occupancy and provide adequate street and lot drainage, and conform
to applicable regulations of other agencies such as the U.S. Corps of
Engineers or the Department of Natural Resources, the final plat of the
subdivision may be approved. In addition, such plats may not be
approved if the cost of providing municipal services to protect the
flood plain area would impose an unreasonable economic burden upon
the City.
8.4 (2) Storm sewers, culverts, storm water inlets, and other drainage
facilities will be required where they are necessary to insure adequate
storm water drainage for the subdivision. Where required, such drainage
facilities shall be constructed in accordance with the standards and
specifications for street construction as required by the City Council.
(301)24
SECTION 9 VARIANCES`
9.1 GENERAL
9.1 (1) The Planning Commission may recommend a variance from the pro-
visions of this Ordinance when, in its opinion, undue hardship may
result from strict compliance. In recommending any variance, the
Commission shall prescribe only 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 pro-
posed 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:
(a) 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.
(b) That the granting of the variance will not be detrimental to the
public welfare or injurious to other property in the territory in
which property is situated.
(c) That the variance is to correct inequities resulting from an
extreme physical hardship such as topography, etc.
After consideration of the Planning Commission recommendations, the
City Council may grant variances, subject to (a), (b) and (c)
immediately above.
9.1 (2) Any recommendations for variances to the City Council in connection with
the acceptance of the Final Plat of a subdivision shall be made through the
Planning Commission.
(301) 25
SECTION 10 REGISTERED LAND SURVEYS AND CONVEYANCE
BY METES AND BOUNDS
10.1 REGISTERED LAND SURVEYS
It is the intention of this Ordinance that. all registered land surveys in the City
of Mendota Heights should be presented to the Planning Commission in the form
of a preliminary platin accordance with the standards set forth in this Ordinance
for preliminary plats and that the Planning Commission shall first approve the
arrangement, sizes, and. relationship of proposed tracts in sich, 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 standards
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 main-
tain any such tracts unless so approved.
10.2 CONVEYANCE BY METES AND BOUNDS
No conveyance of a parcel in which the land conveyed *is described
by metes and bounds shall be made or recorded'if the parcel described in the
conveyance consists of five (5) acres or less in area, and three hundred (300) feet 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 roads or to improve, repair or maintain any such
tracts.
(301) 26
SECTION 11 COMPLIANCE
11.1 CONDITIONS FOR RECORDING
No plat of any subdivision shall be entitled to record in the Dakota County
Register of Deeds Office or have any validity until the plat thereof has been
p I repared, approved, and acknowledged in the manner prescribed by this
Ordinance.
11.2 BUILDING PERMITS
No building permits will be considered for issuance by the City of Mendota
Heights 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.
11.3 EXCEPTIONS
When requesting a subdivision, if either of the two following conditions exist,
the City Administrator shall bring the request to the attention of the Planning
Commission whereupon, they shall review said request and exemp the subdivider
from complying with any inappropriate requirements of this Ordinance.
11.3 (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 parcel of land
to an abutting lot or to create two lots and the newly created property
Fine will not cause the other remaining portion of the lot to be in
violation with this Ordinance or the zoning ordinance.
11.3 (2) Such division results in parcels having an area of five (5) acres or more
with frontage on a public right-of-way measuring three hundred (300)
feet or more and when such division does not necessitate the dedication
of a public right-of-way, or if a lot which is part of a plat recorded in the
office of the Register of Deeds of Dakota County is to be divided and such
division will not cause any structure on the lot to be in violation of the
zoning ordinance or said new portions of lots to be in violation of
City Ordinances.
(301)27
SECTION 12. FEES
12.1 To defray administrative costs for processing of subdivision applications,
variances or appeals, a base fee of one hundred dollars ($100) per application
shall be paid by all applicants.
12.2 In order to defray the additional cost of processing said applications, all
applicants shall pay the total cost of staff and/or consulting time spent
exclusively in producing materials for the applicant's request, plus all
material costs for said request.
12.2(l) "Materials" shall include, but not be limited to maps, graphs,
charts, drawings, etc. and all printing or reproduction of same.
12.2(2) "Staff and/or Consulting Time" shall include anytime spent in
either researching for or actual production of materials.
12.2(3) The hourly rate for "staff and/or consulting time" shall be
established and made available to the applicant by the City Clerk
prior to production of any materials and the applicant shall be
given a reasonable estimate of projected time and/or material
costs
12.3 Fees shall be payable at the time applications are filed with the City Clerk
and are not refundable unless application is withdrawn prior to referral to �.
to the Planning Commission. A deposit to cover staff or consulting time and
materials will be established and required by the City Clerk at the time the
base fee is paid. Any portion of the deposit not spent to defray the above
mentioned costs shall be refunded to the applicant within thirty (30) days
after the application process is completed.
(301) 28
SECTION 13 VIOLATIONS AND PENALTY
13.1 SALE OF LOTS FROM UNRECORDED PLATS
It shall be unlawful to sell, trade, or otherwise convey or offer to sell,
trade, or otherwise convey any lot or parcel of land as a part of, or in
conformity 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 Register of' Deeds of
Dakota County.
13.2 RECEIVING OR RECORDING UNAPPROVED PLATS
It shall be unlawful to receive or record in any public office any plans,
plats or replats 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.
13.3 MISREPRESENTATION AS TO CONSTRUCTION, SUPERVISION, OR IN-
SPECTION 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 so constructed, supervised or
inspected.
1.3.4 PENALTY
Any one violating any of the provisions of this Ordinance shall be .guilty of an
offense punishable by a fine of not more than three hundred ($300) dollars 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.
(301) 29
SECTION 14 VALIDITY
14.1 SEPARABILITY
If any section, sub -section, sentence,
ce, clause or phrase of this Ordinance
is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance.
14.2 AMENDMENT OF EXISTING SUBDIVISION ORDINANCES
This Ordinance shall be deemed to amend in their entirety Ordinance No. 301
entitled "An Ordinance to Regulate the Subdivision and Platting of Lands"
and Ordinance No. 302 entitled "An Ordinance Providing Procedure for the
Division of Existing Platted Lots".
(301)30
SECTION 15 EFFECTIVE DATE
This Ordinance shall be in full force and effect after its passage and publication
according to law.
Adopted by the Council of the City of Mendota Heights, Minnesota
this R40 day of /Cd A) E
Signed
Attest
Published: L
7-
(301)31
lin ek 06 10 EiUTI4611
ORDINANCE NO. 301
AN ORDINANCE TO REGULATE THE SUBDIVISION AND PLATTING OF LANDS.
THE VILLAGE COUNCIL OF MENDOTA HEIGHTS ORDAINS AS FOLLOWS:
SECTION 1. DEFINITIONS
1.1 Subdivision
The term "subdivision" means the division of a parcel of land into two (2)
or more lots or parcels for the purpose of transfer of ownership or building
development, or; if a new street is involved, any division of a parcel of
land; provided that a division of land for agricultural purposes into lots or
parcels of five (5) acres or more and not involving a new street shall not
be deemed a subdivision. The term includes resubdivision and, when
appropriate to the context, shall relate to the process of subdividing or
to the land subdivided.
1.2 Streets and Alleys
The term "street" means a way for vehicular traffic, whether designated as
a street, highway, thoroughfare, parkway, .throughway, road, avenue,
boulevard, lane, place, or however otherwise designated.
Arterial streets and highways are those which are used primarily for fast
or heavy traffic.
1.2(2) Collector streets are those which carry traffic from minor streets to the major
system of arterial streets and highways, including the principal entrance
streets or a residential development and streets for circulation within such
a development.
1;2(3) Minor streets are those which are used primarily for access to the abutting'
properties.
1,2(4) Marginal access.streets are minor streets which are parallel to and adjacent
to arterial streets and highways; and which provide access to abutting
properties and protection from through traffic.
1.2(5) Alleys are minor ways which are used primarily for vehicular service access
to the back or the side of properties otherwise abutting on a street.
(301) 1
1.3 Council
The term "Council" means the Village Council of Mendota Heights.
SECTION 2. PROCEDURE
2.1 Pre -Application Procedure
2.1(1) Previous to the filing of an application for conditional approval of the Pre-
liminary Plat (General Subdivision Plan), the Subdivider shall submit to
the Council plans and data as specified in Section 4. This step does not
require formal application, fee, or filing of plat with the Council.
2.1(2) Within fifteen (15) days the Council shall inform the Subdivider that the
plans and data as submitted or as modified do or do not meet the objectives
of these regulations. When the Council finds the plans and data do not
meet the objectives of these regulations it shall express its reasons therefor.
2.2 Procedure for Conditional Approval of Preliminary Plat
2.2(1) On reaching conclusions informally as recommended above regarding his
general program and objectives, the Subdivider shall cause to be prepared
a Preliminary Plat together with improvement plans and other supplementary
material as specified in Section 5.
2.2(2) Three (3) copies of the Preliminary Plat and supplementary material spe-
cified shall be submitted to the Council with written application for
conditional approval at least ten (10) days prior to the meeting at which it
is to be considered.
2.2(3) Following review of the Preliminary Plat and other material submitted for
conformity thereof to these regulations, and negotiations with the Subdivider
on changes deemed advisable and the kind and extent of improvements to
be made by him, the Council shall, within thirty (30) days, act thereon as
submitted, or modified, and if approved, the Council shall express its
approval as Conditional Approval and state the conditions of such approval,
if any, or if disapproved, shall express its disapproval and its reasons
therefor.
(301) 2
2.2(4) The action of the Council shall be noted on two copies of the Preliminary
Plat, referenced and attached to any conditions determined. One copy
shall be returned to the Subdivider and the other retained by the Council.
2.2(5) Conditional Approval of a Preliminary Plat shall not constitute approval of
the Final Plat (Subdivision Plat). Rather it shall be deemed an expression
of approval to the layout submitted on the Preliminary Plat as a guide to the
preparation of the Final Plat which will be submitted for approval of the
Council and for recording upon fulfillment of the requirements of these
regulations and the conditions of the Conditional Approval, if any.
2.3 Procedure for Approval of Final Plat
2.3(1) The Final Plat shall conform substantially to the Preliminary Plat as approved,
and, if desired by the Subdivider, it may constitute only that portion of the
approved Preliminary Plat which he proposes to record and develop at the
time, provided, however, that such portion conforms to all requirements of
these regulations.
2.3(2) Application for approval of the Final Plat shall be submitted in writing to the
Council at least thirty (30) days prior to the meeting at which it is to be
considered.
l 2.3(3) Three (3) copies of the Final Plat and other exhibits required for approval
shall be prepared as specified in Section 5, and shall be submitted to the
Council within six (6) months after approval of the Preliminary Plat; other-
wise such approval shall become null and void unless an extension of time
is applied for and granted by the Board of Supervisors.
SECTION 3. DESIGN STANDARDS
3.1 Streets
3.1(1) The arrangement, character, extent, width, grade and location of all
streets shall conform to the General Community Plan and shall be considered
in their relation to existing and planned streets, to topographical conditions,
to public convenience and safety, and in their appropriate relation to the
proposed uses of the land to be served by such streets. All streets shall be
conveyed to public use. Private streets shall not be approved nor shall public
improvements be approved for any private streets.
3.1(2) Minor streets shall be so laid out that their use by through traffic will be
discouraged.
(301) 3
3.1(3) Where a subdivision abuts or contains an existing or proposed arterial street,
the Council may require marginal access streets, reverse frontage with
screen planting contained in a non -access reservation along the rear property
line, deep lots with rear service alleys, or such other treatments as may be
necessary for adequate protection of residential properties and to afford
separation of through and local traffic.
3.1(4) Where a subdivision borders on or contains a railroad right-of-way or limited
access highway right-of-way, the Council may require a street approximately
parallel to and on each side of such right-of-way, at a distance suitable for
the appropriate use of the intervening land, as for park purposes in residen-
tial districts, or for commercial or industrial purposes in appropriate districts.
Such distances shall also be determined with due regard for the requirement
of approach grades and future grade separations.
3.1(5) Reserve strips controlling access to streets shall be prohibited except where
their control is definitely placed in the village under conditions approved
by the council.
3.1(6) Street jogs with centerline offsets of less than one hundred and twenty-five
(125) feet shall be avoided.
3.1(7) A tangent at least one hundred (100) feet long shall be introduced between
reverse curves on arterial and collector streets.
3.1(8) When connecting street lines deflect from each other at any one point by
more than ten (10) degrees, they shall be connected by a curve with a
radius adequate to facilitate safe driving conditions and provide a pleasing
appearance.
3.1(9) Streets shall be laid out so as to intersect at a minimum of 60o included
angle.
3.1(10) Property lines at street intersections shall be rounded with a radius of ten
(10) feet, or of a greater radius where the Council may deem it necessary.
The Council may permit comparable cut-offs or chords in place of rounded
corners.
3.1(11) Street right-of-way widths shall be as shown in the General Community
Plan and where not shown therein shall be not less than as follows:
(301) 4
Street Type
Right -of -Way
Arterial .........., ...................... 80(90-100)
Collector................................ 60
Minor, for row houses and apartment ....... 60
Minor, for other residences ............... 60
Marginal access .... ... .. .. .... 0......... 60
3.1(12) Half streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements
of these regulations and where the Council finds it will be practicable to
require the dedication of the other half when the adjoining property is
subdivided. Wherever a half street is adjacent to a tract to be subdivided,
the other half of the street shall be platted within such tract.
3.1(13) Dead-end streets, designed to be so permanently, shall not be longer than
400 feet and shall be provided at the closed end with a turn -around having
an outside roadway diameter of at least 80 feet, and a street property line
diameter of at least 100 feet.
3.1(14) No street names shall be used which will duplicate or be confused with the
names of existing streets. Street names shall be subject to the approval of
the Council.
3.1(15)
3.1(16)
Street grades, wherever feasible, shall not exceed the following, with due
allowance for reasonable vertical curves:
Street Type
Percent Grade
Arterial .................................. 6%
Collector ................................. 10%
Minnr -------------------------------- 10%
Marginal Access ........................... 10%
No street grade shall be less than 1 percent.
3.2 Alleys
3.2(1) Alleys shall be provided in commercial and industrial district's, except that
the Council may waive this requirement where other definite and assured
provision is made for service access, such as off-street loading, unloading,
and parking consistent with and adequate for the uses proposed.
3.2(2) The width of an alley shall be a minimum of 30 feet.
(301) 5
3.2(3) Alley intersections and sharp changes in alignment shall be avoided, but
where necessary, corners shall be cut off sufficiently to permit safe
vehicular movement.
3.2(4) Dead-end alleys shall be avoided where possible, but if unavoidable, shall
be provided with adequate turn -around facilities at the dead-end, as deter-
mined by the Council.
3.3 Easements
3.3(1) Easements across lots or centered on rear or side lot lines shall be provided
for utilities where necessary and shall be at least 12 feet wide.
3.3(2) Where a subdivision is traversed by a water course, drainageway, channel
or stream, there shall be provided a storm water easement or drainage right-
of-way conforming substantially with the lines of such water course, and
such further width or construction, or both, as will be adequate for the pur-
pose. Parallel streets or parkways may be required in connection therewith.
3.4 Blocks
3.4(1) The length, widths, and shapes of blocks shall be determined with due regard to:
a. Provision of adequate building sites suitable to the special needs of the
type of use contemplated.
b. Zoning requirements as to lot sizes and dimensions.
C. Needs for convenient access, circulation, control and safety of street
traffic.
d. Limitations and opportunities of topography.
3.4(2) Block lengths shall not exceed 1,000 feet, or be less than 500 feet.
3,4(3) Pedestrian crosswalks, not less than ten (10) feet wide, shall be required
where deemed essential to provide circulation, or access to schools, play-
grounds, shopping centers, transportation, and other community facilities.
3.5 Lots
3.5(1) The lot size, widths, depth, shape, and orientation and the minimum building
setback lines shall be appropriate for the location of the subdivision and for
the type of development and use contemplated. All lots subdivided or parcels
to be built upon must have frontage on a dedicated public street.
(301) 6
3.5(2) Lot dimensions shall 'conform to the requirements of the zoning ordinance,
and residential lots where not served by public sewer shall have a front
footage of not less than 100 feet and an area of not less than 15,000 square
feet.. If the dividing of a parcel of land creates a lot or lots less than two
and one-half acres, or if said division requires the providing of public right-
of-way, then and in such event the division shall be made by the processing
of a plat according to the "Land Subdivision Ordinance" . The dividing of
a lot which is platted as a part of a recorded subdivision plat may be recog-
nized for purposes of issuing a building permit if a survey by a Registered
Land Surveyor of the proposed division, has been submitted to the Village
and the Village Planning Commission has found that the division is in accord
with the Village's Zoning Ordinance and Subdivision Ordinance and that such
division would not adversely affect the public interest and that the Village Council
has approved said divisions and the survey is then recorded with the deed.
3.6 Public Sites and Open Spaces
3.6(1) Where a proposed park, playground, school or other public use shown in a
General Community Plan is located in whole or in part in a subdivision, the
Council may require the dedication or reservation of such area within the
subdivision in those cases in which the Planning Commission deems such
requirements to be reasonable.
3.6(2) Where deemed essential by the Council, upon consideration of the particular
type of development proposed in the subdivision, and especially in large-
scale neighborhood unit developments not anticipated in the General
Community Plan, the Council may require the dedication or reservation of
such other areas or sites of a character, extent, and location suitable to the
needs created by such development for schools, parks, and other neighborhood
purposes.
SECTION 4. PLATS AND DATA
4.1 Pre -Application Plats and Data
4.1(1) General Subdivision Information shall describe or outline the existing con-
ditions of the site and the proposed development as necessary to supplement
the drawings required below. This information may include data on existing
covenants, land characteristics, and available community facilities and
utilities; and information describing the subdivision proposal such as number
of residential lots, typical lot width and depth, business areas, playgrounds,
park areas,' and other public areas, proposed protective covenants and
proposed utilities and street improvements.
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4.1(2) Location Map shall show the relationship of the proposed subdivision to
existing community facilities which serve or influence it. Include develop-
ment name and location; main traffic arteries; title, scale; north arrow; and
date.
4.2 Plats and Data for Conditional Approval
4.2(1) Topographic Data required as a basis for the Preliminary Plat in Section 4.2(2)
below shall include existing conditions as follows except when otherwise
specified by the Council.
a. Boundary lines: bearings and distances.
b. Easements: location, width and purpose.
C. Streets on and adjacent to the tract: name and right-of-way width and
location; type, width and elevation of surfacing; any legally established
centerline elevations; walks, curbs, gutters, culverts, etc.
d. Utilities on and adjacent to the I-ract.
e. Ground elevations on the tract, based on a datum plane approved by the
Council; for land that slopes less than approximately 2 percent show spot
elevations at all breaks in grade, along all drainage channels or swales,
and at selected points not more than 100 feet apart in all directions; for
land that slopes more than approximately 2 percent either show contours
with an interval of not more than 5 feet if ground slope is regular and
such information is sufficient for planning purposes, or show contours with
an interval of not more than 2 feet if necessary because of irregular land
or need for more detailed data for preparing plans and construction
drawings.
f. Subsurface conditions on the tract, if required by the Council: location
and results of tests made to ascertain subsurface so i I , rock and ground
water conditions; depth to ground water unless test pits are dry at a depth
of 5 feet; location and results of soil percolation tests if individual, sewage
disposal systems are proposed.
g. Other conditions on the tract: water courses, marshes, rock outcrop,
wooded areas, isolated preservable trees one foot or more in diameter,
houses, barns, shacks, and other significant features.
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h. Other conditions on adjacent land: approximate direction and gradient
of ground slope, including any embankments or retaining walls; charac-
ter and location of buildings, railroads, power lines, towers, and other
nearby non-residential land uses or adverse influences; owners of
adjacent unplatted land; for adjacent platted land refer to subdivision
plat by name, recordation date, and number, and show approximate
percent built-up, typical lot size, and dwelling type.
i . Photographs, if required by the; Council: camera locations, directions of
views and key numbers.
j. Zoning on and adjacent to the tract.
k. Proposed public improvements: highways or other major improvements
planned by public authorities for future construction on or near the tract.
(. Key plan showing location of the tract, with names and addresses of
owners, notation stating acreage, scale, north arrow, datum, bench
marks, certification of registered civil engineer or surveyor, date of
survey.
4.2(2) Preliminary Plat (General Subdivision Plan) shall be at a scale of two hundred
(200) feet to one (1) inch or larger (preferred scale of fifty (50) feet to one
( ) (1) inch). It shall show all existing conditions required above in Section 4.2(1),
Topographic Data, and shall show all proposals including the following:
a. Streets: names; right-of-way and roadway widths; approximate grades
and gradients; similar data for alleys, if any.
b. Other rights-of-way or easements: location, width and purpose.
C. Location of utilities, if not shown on other exhibits.
d. Lot lines, lot numbers and block numbers.
e. Sites, if any, to be reserved or dedicated for parks, playgrounds, or
other pub) i c use.
f. Sites, if any, for multi -family dwellings, shopping centers, churches,
industry or other non-public uses exclusive of single family dwellings.
g. Minimum building setback lines.
h. Site data, including number of residential lots, typical lot size, and
acres in parks, etc.
i. Title, scale, north arrow, and date.
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4.2(3)' Other Preliminary Plans. When required by the Council, the Preliminary
Plat shall be accompanied by profiles showing existing ground surface and
proposed street grades, including extensions for a reasonable distance be-
yond the limits of the proposed subdivision; typical cross sections of the
proposed grading, roadway and sidewalk; and preliminary plan of proposed
sanitary and storm water sewers with grades and sizes indicated. All ele-
vations shall be based on a datum plane approved by the Council.
4.2(4) Draft of Protective Covenants whereby the subdivider proposes to regulate land
use in the subdivision and otherwise protect the proposed development.
4.3 Plats and Data for Final Approval
4.3(1) Final Plat shall be drawn in ink on tracing cloth on sheets and shall be at a
scale of one hundred (100) feet to one (1) inch or larger (preferred scale of
50 feet to one (1) inch). Where necessary, the plat may be on several
sheets accompanied by an index sheet showing the entire subdivision. For
large subdivisions the Final Plat may be submitted for approval progressively
in contiguous sections satisfactory to the Council. The Final Plat shall show
the following:
a. Primary control points, approved by the Council, or descriptions and
"ties" to such control points, to which all dimensions, angles, bearings,
and similar data on the plat shall be referred.
b. Tract boundary lines, right-of-way lines of streets, easements and other
rights-of-way, and property lines of residential lots and other sites; with
accurate dimensions, bearings or deflection angles, and radii, arcs, and
central angles of all curves.
C. Name and right-of-way width of each street or other right-of-way.
d. Location, dimensions and purpose of any easements.
e. Number to identify each lot or site.
SECTION 5. VARIANCES
5.1 Hardship
Where the Council finds that extraordinary hardships may result from strict
compliance with these regulations, it may vary the regulations so that
substantial justice may be done and the public interest secured; provided
that such variation will not have the effect of nullifying the intent and
purpose of the General Community Plan or these regulations.
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5.2 Large Scale Development
The standards and requirements of these regulations may be modified by the
Council in the case of a plan and program for a complete community, or a
neighborhood unit, which in the judgement of the Council provide adequate
public spaces and improvements for the circulation, recreation, light, air,
and service needs of the tract when fully developed and populated, and
which also provide such covenants or other legal provisions as will assure
conformity to and achievement of the plan.
5.3 Conditions
In granting variances and modifications, the Council may require such con-
ditions as will, in its judgement, secure substantially the objectives of the
standards or requirements so varied or modified.
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ORDINANCE NO. 302
AN ORDINANCE PROVIDING PROCEDURE FOR THE DIVISION OF EXISTING
PLATTED LOTS.
The City Council of the City of -Mendota Heights ordains as follows:
SECTION 1. APPLICATION FOR DIVISION OF EXISTING LOTS
All applications for a division of an existing platted lot into two or more lots shall be
filed with the City Council. The application shall be accompanied by the fee herein-.
after provided and by an abstractor's certificate properly certified showing the owner of
the property in question and the owners of all properties situated within 350 feet of the
outer boundaries of the property in question.
SECTION 2. REFERRAL TO PLANNING COMMISSION
Said application for a division of a platted lot shall be referred to the Planning Commission.
SECTION 3. PLANNING COMMISSION NOTICE AND HEARING ON APPLICATION
The Planning Commission shall hold a public hearing on said application for a division
of a platted lot affording an opportunity for all parties interested to be heard, and at least
ten (10) days before said hearing shall give mailed notice to the owner or owners of the
property in question and to each of the property owners within 350 feet of the outside
boundaries of the property in question. Such notice shall contain the description of the
property in question and the proposed lot division. Failure of the Planning Commission
to mail the notice or failure of the property owners to receive the notice shall not in-
validate the proceedings. Within sixty (60) days after the date of reference by the
Council the Planning Commission shall make a written report to the Council stating its
findings and recommendations.
SECTION 4. ISSUANCE
The Council shall consider the matter within thirty (30) days after the receipt of the
report and recommendation from the Planning Commission. Failure to receive a report
from the Planning Commission as herein provided shall not invalidate the proceedings or
actions of the Council .
(302) 1
SECTIONS. FEES
The fee to be paid for an application for division of an existing platted lot into two or
more lots shall be $50.00. Such fee shall be payable at the time the application is
filed with the City Council and shall not be refundable unless said application is with-
drawn prior to its referral to the Planning Commission. There shall be no fee in the case
of applications filed in the public interest by the City Council or.by the Planning
Commission.
(302) 2