Ord 2 Land Subdivision OrdinanceVILLAGE OF MENDOTA HEIGHTS
Dakota County, Minnesota
LAND SUBDIVISION ORDINANCE
An. ORDINANCE to regulate -the. subdivision and platting of lands.
The Village Council of Mendota Heights ordains as follows:
ARTICLE I
DEFINITIONS
1.1 Subdivision. Tlie term "subdivision" means the divi.sion 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 in-
cludes 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, land, place, or however otherwise designated.
(a) Arterial streets and highways are those which are used primarily
for fast or heavy traffic.
(b) Collector streets are those which carry traffic from minor streets
to the major system of arterial streets and highways, including the
principal entrance streets of a residential development and streets
for circulation within such a development.
(c) Minor streets are those which are used primarily for access to the
abutting properties.
(d) 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.
(e) 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.
11.3 Council. The term "Council" means the Village Council of Mendota Heights.
ARTICLE JI
PROCEDURE
Pre- application Procedure
2.1 Previous, to the .filing of an application for conditional approval of the Preliminary
Plat (General Subdivision Plan), the Subdivider shall submit to the:Council plans and
data as specified in Article IV. This step does not require. formal. application, fee, or
filing of plat with the Council.
2.2 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.
Procedure for Conditional. Approval of
Preliminary Plat
Z. 3 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 a.s specified in
Article V.
2.4 Three (3) copies of the Preliminary Plat a ' nd supplementary material specified
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.
2.5 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.
2.6 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.
2.7 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 fulfill-
ment of the requirements of these regulations and the conditions of the Conditional
Approval, if any.
Procedure for Approval of Final Plat
2.8 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, how-
ever, that such portion conforms to all requirements of these, regulations.
2.9 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.
2.10 Three ' (3) copies of the Final Plat and other exhibits required for approval shall
be prepared as 'specified in.Article V, and shall be submitted to the Council within six
Plat; - otherwise such. (6) months after. approval' of the Preliminary Plat, approval shall become
null and void unless. an extension of time is applied for. and granted by the Board of
Supervisors.
a
ARTICLE I.II
DESIGN STANDARDS
Streets
3.1 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.
3.2 Minor streets shall be so laid out that their use by through traffic will be dis-
couraged.
3. 3 Where a subdivision abuts or contains an _existing or proposed -arterial street,
the Council may require marginal access streets, reverse frontage with screen plant-
ing contained in a nonaccess 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.
3.4 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 residential districts, or for commercial
or industrial purposes inappropriate districts. Such distances shall also be determined
with due regard for the requirements of approach grades and future grade separations.
3.5 Reserve strips controlling access to streets shall be prohibited except where
their control is definitely placed in the city under conditions approved by the Council.
3.6 Street jogs with centerline offsets of less than one hundred and twenty-five (125)
feet shall be avoided.
3. 7 A tangent at least one hundred (100) feet long shall be introduced between reverse
curves on arterial and.collector streets.
3.8 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.
3.9 Streets shall be laid out so as to intersect at a minimum of 600 included angle.
3.10 Property lines at street intersections shall be rounded with a radius of ten (10)
feet, or of a greater radius wher.e the Council may deem it necessary. The Council
may permit comparable cut-offs or chords in place of rounded corners.
3.11 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:
3. 11 (Cont Id. )
Street Type Right -of Way
,Arterial . . . . . . . . . . . . . . . . . . . . . 80 (90 -100)
Collector . . . . . . . . . . . . . . . . . . . . . . . 60
Minor, for row houses & apartments . . . . . . . 60
Minor, for other residences . . . . . . . . . . . . . . 60
Marginal access . . . . . . . . . . . . . . . . . . . . . 60
3.12 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 dedica-
tion 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.
3.13 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 road-
way diameter of at least 80 feet,, and a street property line diameter of at least 100 feet.
3.14 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.
3.15 Street grades, wherever feasible, shall not exceed the following, with due allow-
ance for reasonable vertical curves:
Street Type
Percent Grade
Percent
Arterial . . . . . . . . . . . . . . . . . . . . . . . . . 6%
Collector . . . . . . . . . . . . . . . . . . . . . . . . .L0'/0
Minor. . . . . . . . . . . . . . . . . . . . . . . . . . 1070
Marginal access . . . . . . . . . . . . . . . . . . . . . 1010
3.16 No street grade shall be less than .l percent.
Alleys
H
3.17 Alleys shall be provided in commercial and industrial districts, 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.
1
3.18 The width of an alley shall be a minimum of 30 feet.
3.19 Alley intersections and sharp changes in aligm -nent shall be avoided, but where
necessary, corners shall be cut off sufficiently to permit safe vehicular movement
3.20 Dead,-end alleys shall be avoided where possible, but if unavoidable, shall be
provided with adequate turn-around facilities at the dead-end, as determined by the
Council.
Easements
3.21 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.
3.22 Where a subdivision is traversed by a water course, drainage way, channel or
stream, there shall be provided a storm water easement or drainage right-of-way con-
forming substantially with the lines of such water course, and such. further width or
construction, or both, as will be.adequate for the purpose. Parallel streets or parkways
may be required in connection therewith.
Blocks
3.2.3 The lengths, 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 dimen.sions.
c. Needs for convenient access, circulation, control and safety of street
traffic.
d. Limitations and opportunities of topography.
3.24 Block lengths shall not exceed 1, 000 feet, or be less than 500 feet.
3.25 Pedestrian crosswalks, not less .than ten (10) feet wide, shall be required where
deemed essential to provide circulation, or access to schools, playgrounds, shopping
centers, transportation, and other community facilities.
Lot s
3.26 The lot size, width, 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.
3. 27 Lot dimensions shall, conform to the requirements of the zoning ordinance, and
residential lots where not served by public sewer shall not be less than 75 feet wide or
less than 10, 000 sq. ft. in area.
Public Sites and Open Spaces
3.28 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. 29 Where deemed essential by the Council, upon consideration of the particular
type of development proposed in the subdivision, and especially in large-scale neighbor-
hood 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 to the needs created by such development for schools, parks, and
other neighborhood purposes.
ARTICLE IV
PLATS AND DATA
Pre-application Plats and Data
4.1 General Subdivision Information shall describe.or outline the existing conditions
of the site and the proposed development as necessary to supplement the drawings re-
quired below. This information may include data on existing covenants, land
characteristics, and.available community facilities and utilities; and information des-
cribing the subdivision proposal such as number of residential lots, typical lot width
and depth, business areas, playgrounds, park areas, and other public areas, pro-
posed protective covenants and proposed utilities and street improvements.
4.2 Location Map shall show the relationship of the proposed subdivision to existing
community facilities which serve or influence it. Include development name and
location; main traffic arteries; title, scale,- north arrow; and date.
Plats and Data for Conditional Approval
4.3 Topographic Data required as a basis for the Preliminary Plat in Section 4. 4
below shall include existing conditions as follows except when otherwise specified by
the Council.
a. Boundry 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 lo-
cation; type, width and elevation of surfacing; any legally established
center-line elevations; walks, curbs, gutters, culverts, etc.
d. Utilities on and adjacent to the tract.
e. Ground elevations on the tract, based on a datum plane approved by the
Council; for land that slopes less than approximately 2 per cent 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 per cent either show contours with an
interval of not more than 5 feet if ground slope is regular and such informa-
tion 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 de-
tailed 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 soil, 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.
4. 3 (Cont ' d. )
h. Other conditions on adjacent land: approximate direction and gradient of
ground slope, including any embankments or retaining walls,, character and
location of buildings, railroads, power lines, towers, and other nearby
nonresidential land uses or adverse influences; owners of adjacent un-
platted 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 imp-r.ovements: highways or other major improvements
planned by public authorities for future. construction on or near the tract.
1. Key plan showing location ,of the' tract, with names and addresses of owners,
notation stating acreage, scale, northarrow, datum, bench-marks, cer-
tification of registered civil engineer or surveyor, date of survey.
4.4 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. 3, 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
public use.
f. Sites, if any, for multifamily dwellings, shopping centers, churches, industry
or other nonpublic 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.
4.5 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 beyond the limits of the proposed
subdivision; typical cross sections of the proposed grading, roadway and sidewalk; and
pr-eliminary plan .of proposed sanitary and -storm water sewers with grades and
sizes indicated. All elevations shall be based on a datum plane approved by the Council.
4.6 Draft of Protective Covenants whereby the subdivider proposes to regulate land
use in the subdivision and otherwise protect the proposed development.
Plats and Data for Final Approval
4.7 , Final Plat shall be drawn in .ink on tracing clo-Ch 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 maybe 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,
andsimilar 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.
ARTICLE V
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 se-cured; provided that such
variation will not have the effect of nullifying the intent and purpose of the General
Community "Plan or these regulations.
5.2 Large Scale Development. The standards and requirements of these regula-
tions 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 judgment 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 conditions as will, in its judgment, secure substantially the objectives of the
standards or requirements so varied or modified.
5.4 .Effective Date. This Ordinance shall . take effect and be in force from and after
its passage and publication.
Enacted and ordained into an.Ordinance this 16th day of April, 1956.
THE VILLAGE OF MENDOTA HEIGHTS
. ..... Mayor--*
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