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HomeMy WebLinkAbout1957-021 Council OrdinancesORDINANCE NUMBER 21 THE VILLAGE OF LINO LAKES AN ORDINANCE ESTABLISHING REGULATIONS FOR THE SUBDIVISION AND PLATTING OF LAND WITHIN THE VILLAGE OF LINO LAKES, MINNESOTA. The Village Council of the Village of Lino Lakes, Minnesota, Ordains: SECTION I. PURPOSE AND JURISDICTION. The Village Council of the Village of Lino Lakes being aware of the responsibility which they have for the adoption of ordinances, rules and regulations designed for the protection of health, safety and general welfare of this community, deems it necessary to provide regulations for platting and subdividing of property within the Village of Lino Lakes which will prevent, as far as possible, the use of land which is not feasible for this purpose, the location Of streets where such location does not fit the overall pattern of the Village, the general design of the proposed building lots in any platted area which might prevent compliance with the building code, zoning ordinance or other regulations of the Village in the future, and to make all subdivisions of property conform as nearly as poss- ible with a future overall plan, does hereby order that all subdi- visions hereafter planned within the limits of the Village, of Lino Lakes shall, in all respects, fully comply with the regulations hereinafter set forth. This action is taken by the Village Council pursuant to the authority contained in Minnesota Statutes, Section 412.221, as amended, which regulations the Village Council deems necessary. SECTION II. DEFINITIONS. For the purpose of this ordinance, certain words and terms are hereby defined as follows: Subdivision or Plat is a parcel of land divided into smaller parts such as blocks or lots, also means a tract of land which is redivided anew after first division. Right-of-way is the land covered by a public road or other land dedicated for public use or for certain private use such as land over which a power line passes. Boundary Lines are lines indicating the bounds or limits of any tract or parcel of land. Topography is the detailed description of the features of a relatively small area, also the relief features or surface con- figuration of an area. Contour Map a map on which irregularities of land surface are shown by lines connecting points of equal elevations. Contour interval is the vertical height between contour lines. Building Line also referred to as setback line means the line beyond which property owners or others have no legal or vested -2- right to extend a building or any part thereof without special permission and approval of the proper authorities. Frontage is the width of a lot or building site measured on the line separating it from a public street or way. Natural Water Way as mentioned in this code shall mean any natural passageway in the surface of the earth so situated and having such a topographical nature that surface water flows through it from other areas before reaching a final ponding area. The term also means to include any and all drainage structures that have been constructed or placed for the purpose of conducting water from one place to another. Owner includes his duly authorized agent or attorney in fact, a purchaser, divisee, fiduciary and a person having a vested interest in the property in question. Zoning is the reservation of certain specified areas within the municipality for buildings and structures for certain purposes with other limitations such as height, lot coverage and other stipulated requirements. Corner Lots is the lot or lots within a plat and situated at the corners thereof so that they are bounded on two sides by streets. This term applies to any lot within the plat at street intersections and bounded on two sides by streets. Out -Lots are those which are so situated within the boundaries of a block that the:side line coincides with back lines of a lot or lots facing another street. Double Frontage Lots are those which have a front line abutting on one street and a back lot or rear line abutting on another street. Reserve Strips are narrow strips of land usually withheld from the street right-of-way to form a barrier between certain property and the public street or thoroughfare. Lot is a portion of a subdivision or other parcel of land intended for building development or for transfer of ownership. Design Standards are the specifications to landowners or subdividers for the preparation of preliminary plans indicating among other things the optimum minimum or maximum dimensions of such features as rights -of -ways and blocks, as set forth in Section 4C, Preliminary Plan is a tentative map or plan of a proposed subdivision as described in Section A. Final Plat is a map or plan of a subdivision and any accompanying material, as described in Section 19. Street is a public or private right-of-way which affords primary access by pedestrians and vehicles to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane or however otherwise designated. -3- Street Width is the shortest distance between lines of lots delineating the street. Thoroughfare is a public right-of-way with a high degree of traffic continuity and serving as an arterial traffic -way between the various districts of the Village of Lino Lakes. Alley is the public right-of-way that affords a secondary means of access to abutting property. Pedestrian Way is a public or private right-of-way across a block or providing access within a block, to be used by pedestrians and for the installation of utility lines. Easement is a grant by a property owner for the use of a strip of land by the general public, a corporation, or a certain person or persons, for a specific purpose or purposes. Village is the Village of Lino Lakes, Minnesota. Village Council is the Village Council of Lino Lakes, Minnesota. Planning Commission is the Planning Commission of the Village of Lino Lakes, Minnesota. Clerk Minnesota. is the Village Clerk of the Village of Lino Lakes, SECTION III. CONFORMANCE WITH EXISTING CODES AND REGULATIONS. The provisions of this ordinance are in addition to and not in re- placement of provisions of the existing Village Building Code and the existing "Zoning Ordinance." Any provisions of said Building Code and Zoning Ordinance relating to platting shall remain in full force and effect except as they may be contradictory to the provision hereof. SECTION IV. PRELIMINARY PLAT. Before dividing any tract of land into two or more lots or parcels. an owner or subdivider shall submit four copies of a preliminary plat, The Preliminary plat or plan shall include the following data; a) Identification and Description 1) Proposed name of subdivision, which name shall not duplicate the name of any plat theretofore recorded in the County. 2) Location by section, town and range, or by other legal description 3) Names and addresses of the owner, or subdivider having control of the lands included in said plan, the designer of the plan and the surveyor. 4) Graphic (engineering) scale not less than one inch to one hundred feet. 5) North -point (designated as true North). 6) Date of Preparation. -4- Existing Conditions. 1) Boundary line of proposed subdivision, clearly indicated. 2) Existing zoning classification. 3) Total approximate acreage in said plan. 4) Location, width, and names of all existing or previously platted streets or other public ways, showing types of improve- ments, if any, railroad and utility rights -of -way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the tract and and to a distance of one hundred feet (100') beyond the tract. 5) Location and size of existing sewers, watermains, culverts, or other underground facilities within the tract and to a dis- tance of one hundred feet(100') beyond the tract. Such data as grades, invert elevations, and locations of catch basins, manholes and hydrants. 6) Boundary lines of adjoining unsubdivided or subdivided land, within one hundred feet (100') of proposed plat. 7) Topographic data, including contours at vertical intervals of not more than two feet (2'), except that contour lines shall be no more than one hundred feet (100') apart horizontally. Water courses, marshes, rock outcrops and other significant features shall also be shown. c) Subdivision Design Features. 1) Layout of streets, showing right-of-way widths and names of streets. The name of any street heretofore used in the Village or its environs shall not be used, unless the proposed street is an extension of an already named street, in which event the name shall be used. 2) Location and widths of utility easements. 3) Indication of the proposed storm water runoff through use of arrows or notes. 4) Layout, numbers and typical dimensions of lots to the nearest foot. 5) Minimum front and side -street building setback lines, indicating deminsions of same. 6) Areas, other than streets, and utility easements, in- tended to be dedicated or reserved for public use, including the size of such area or areas in acres. SECTION V. FEE TO ACCOMPANY PRELIMINARY PLAT. When submitting a preliminary plat for approval by the Village Council, the owner or developer shall be required to pay a fee, the money will be accepted by the Village Clerk and he will place it in the General Fund. This money will be used to defray the expense incurred by the Village in the consideration of the proposed develop- ment. A minimum cash fee of $25.00 shall be charged if the plat con- tains less than 15 lots. For plats containing more than 15 lots, an additional charge of $0.50 per lot will be made. QUALIFICATIONS GOVERNING APPROVAL OF PRELIMINARY PLAT. a) The Planning Commission may recommend and the Village Council may require such changes or revisions as deemed necessary for the health, safety and general welfare and convenience of the Village. -5- b) The approval of a preliminary plan by the Planning Commission and the Village Council is tentative only, involving merely the general acceptability of the layout as submitted. c) Before any preliminary plan is approved by the Village Council, the information furnished with said plan must show conclusively that the area proposed to be subdivided is drainable and that the land is of such nature as to make its intended use practical and feasible. If these features are not apparent the owner shall be required to enter into an agreement guaranteeing that all adverse conditions will be corrected and that drainage will be accomplished in a satisfactory manner. The final decision in this matter shall be made by the Village Council acting upon the advice and recommendations of its Engineer or other authorized representative. SECTION VI. LOT STANDARD 1) The minimum lot dimensions in subdivisions designed for single- family detached dwelling developments shall be: bb) not less than sixty (60) feet at the front lot line. cc) not less that Eleven Thousand, Two Hundred Fifty (11,250) square feet in area. 2) The minimum corner lot dimensions for single-family detached dwelling developments where permitted under the zoning ordinance shall be: aa) One hundred (100) feet wide at the established building set back line. bb) Not less than one Hundred (100) feet in depth, and cc) Not less than eleven thousand, two hundred fifty (11,250) square feet. 3) The minimum dimensions at the rear lot line of any line shall be thirty (30) feet. 4) Butt lots shall be platted at least five (5) feet wider than the average interior lots in the block. 5) All lots shall abutt on a publicly -dedicated street. 6) Side lines of lots shall be substantially at right angles or radial to the street lines. 7) Double -frontage lots shall not be permitted except: aa) Where lots back upon a thoroughfare in which case vehicular and pedestrian access between the lots and the thouroughfare shall be prohibited, and bb) Where topographic or other conditions render sub -dividing otherwise unreasonable. Such double -frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for a protective screen -planting along the back lot line also in such instances vehicular and pedestrian access between the lots and the thoroughfare shall be prohibited. 8) Lots abutting upon a water course, drainage way, channel, or stream shall have an additional depth or width, as required, to assure house sites that are not subject to flooding. 9) In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, water courses, historic spots, or similar conditions, which if preserved will add attractiveness and value to the proposed development. -6- SECTION VII SETBACK LINES A setback line shall be shown on each lot in every subdivision hereafter recorded in the Village of Lino Lakes. This line shall be at least thirty (30) feet from the property line and shall be con- tinuous around each entire block. SECTION VII. ALLEYS AND CROSS -WALKS The length of any block in a subdivision shall be not more than one thousand, three hundred twenty (1,320) feet. The use of cross -walks through any block or the placing of alleys in any block is to be per- mitted only when absolutely necessary in the opinion of the Village Council. SECTION IX. SOIL TESTS The Village Council may require soil tests prior to the final approval of any plat. These soil tests shall consist of test holes to a depth necessary to determine the various types of soil to be encountered before reaching a stable base. Such test holes when ordered by the Village authorities, shall be drilled at the expense of the owner or developer and the information disclosed shall be furnished to the Village Council together with a copy of the proposed plat showing the location of each test hole. The information required by the Village Council shall include a report as to various types of soil encountered and their depths, the level of the ground water and a seepage test, and may include additional information. The number of test holes to be drilled and their location on the property which is proposed to be platted, will be as directed by the Village Council or their authorized representatives. In questionable cases, the owner shall be required to furnish to the Village Council a report from a recognized engineering laboratory as to the safety and practicability of the use of the area for building construction, including the frasibility for installation of sewage facilities. SECTION X. CUL-DE-SAC Cul-de-sacs, when used, shall be held to as short as distance as possible between the origin or main street and the end of the cul-de-sac. Each cul-de-sac shall have a terminus of nearly circular shape with a minimum diameter of one hundred (100) feet. SECTION XI. HALF WIDTH STREETS The use of half width streets shall be prohibited, except where essen- tial to the reasonable development of the subdivision in conformity with the other requirements of these regulations and the overall plan of the neighborhood in which the plat is situated. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. SECTION XII RESERVED STRIPS Reserved strips controlling access to streets is prohibited. -6- SECTION XIII ALLEYS AND PEDESTRIAN WAYS a) Where permitted by the Village Council, alleys shall be at least twenty (20) feet wide in residential areas and at least twenty four (24) feet wide in commercial areas. The Village Council may require alleys in commercial areas where adequate off street loading space is not available. b) Pedestrian ways, where permitted, shall be at least fifteen (15) feet wide. SECTION XIV. EASEMENTS a) Easements at least a total of twelve (12) feet wide, centered on rear lot lines, shall be provided for utilities where necessary. They shall have a continuity of alignment from block to block, and at deflection points, easements for pole -line anchors shall be pro- vided. b) Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such water courses, together with such further width or construction, or both, as will be adequate for the storm water drainage of the area. SECTION XV ZONING Unless a specific request is received with the final plat for zoning of the property or parts of the property into other classifications described in the zoning ordinance of the Village, the Village Council shall immediately,upon the recording of such plat, proceed to rezone all of the property in the platted area as residential property. It is further provided that requirements for altering zoning classification - as provided in the zoning code of the Village of Lino Lakes is hereby waived with respect to area recently platted as herein described. SECTION XVI CONSTRUCTION AND IMPROVEMENTS All of the construction or improvement of any kind to be done within the dedicated street right-of-way shall be done by the Village under a Village contract after the owner or developer has petitioned for such work. The procedure for starting and handling any of this work shall beiir.accordance with the provisions of the Village of Lino Lakes regulations for construction and the work shall be in accordance with the specifications contained therein. SECTION XVII PRELIMINARY PLAN APPROVAL Approval of a preliminary plan shall be null and void unless within ninety (90) days after receiving the last required approval of the preliminary plan, there shall be submitted to the Clerk of the Village a final plat or plats in accordance with the conditions upon which such approval was granted by the Council SECTION XVIII FINAL PLAT Within ninety (90) days from the time that the preliminary plat is approve by the Village Council, the developer shall submit for approval a copy of the final plat which is to be recorded. At the same time -7- four (4) prints of said plat shall be furnished to the Village for Village records and purposes. SECTION XIX NECESSARY DATA FOR FINAL PLAT. a) General: All information, except topographic data and zoning classifications required on the preliminary plan shall be accurately shown. b) Additional delineation to be shown: 1) Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets easements, areas to be reserved for public use, and other important features. Lot lines to show dimensions infect and hundredths. 2) An identification system for all lots and blocks. 3) True angles and distances to the nearest established street lines or official monuments (not less than two (2), which shall be accurately described in the plat). 4) Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles. 5) Radii, internal angles, points and curvatures, and lengths of all areas. 6) Accurate location of all monuments. Pipes or steel rods shall be placed at the corners of each lot and at each inter- section of street centerlines. 7) Accurate outlines, legal descriptions of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision with the purposes indicated therein. 8) Certification by a registered land surveyor, to the effect that the plat represents a survey made by him and that monuments and markers shown thereon exist as located and that all dimensional and geodetic details are correct. 9) Notorized certification by owner, and by any mortgage holder of record, of the adoption of the plat and the dedication of streets and other public areas. 10) Approval by signature of Village and County officials concerned with the approval of the plat. 11) Form for approval of the Village Council as follows: Approved by the Village Council of the Village of Lino Lakes, this day of ,19 Signed SECTION XX STREET PLAN The arrangement, character, extent, width and location of all streets shall conform to the approved Standard Street Sections, and relation to existing and planned streets, to reasonable circulation of traffic to topographical conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. No full width street shall be less than sixty (60) feet wide. - 8 - SECTION XXI REQUIRED LAND IMPROVEMENTS AND CONSTRUCTION /"''vaN No final plat shall be approved by the Village Council without first receiving a report signed by the Village Engineer and the Village Attorney certifying that the improvements and construction of the land and streets together with all other necessary facilities in the plat have been com- pleted and satisfactorily arranged in accordance with provisions of the regulations for land improvement and construction. Before a final plat is approved by the Village Council, the owner and subdivider of the land covered by said plat shall execute and submit to the Village Council an agreement, which shall be binding on his or their heirs, personal representatives and assigns stipulating that he will cause no private construction to be made on any lots in said plat or file or cause to be filed any application for building permits for such construction on such lots, until all improvements required under the Village regulations for street construction have been made or arranged for in the manner provided herein and in the ordinance establishing street construction (see Village standards for street construction.) SECTION XX. VILLAGE PROCEDURE, a) The Village Clerk shall deliver to the Village Treasurer:for deposit any monies received as fees herein required with preliminary plans. The treasurer shall credit same to the general fund of the Village, All monies so received shall be used to defray the expense of engineering legal, Planning Commission or any other expense incurred in connection with such proposed plat. The Village Council shall refer one copy of the preliminary plat to the Planning Commission, one to the Village Engineer and•one to the Village Attorney for recommendations. A report from the Planning Commission shall be due within thirty (30) days after receipt thereof by said Commission. Reports of the Village Engineer and Village Attorney shall be due within fifteen (15) days after date of receipt of said plan. If any plan involves special problems or is not recommended by the Engineer, Attorney or Planning Commission or if for any reason is unacceptable, the Village Clerk shall be directed by the Council to notify the owner or subdivider as to the time and place of a Village Council meeting at which he will be afforded an opportunity to be heard. b) Within ninety (90) days of the approval of a preliminary plan by the Village Council, there shall be submitted to the Council an original and three (3) copies of a final plat, which may embrace all or part of the area shown on the preliminary plat. The Village Council shall refer one copy of the plat to the PPlanning Commission for its examination and report, and shall refer one copy to the Village Engineer for his examination and report. The remaining copy shall be filed in the Village files by the Clerk. The report of the Planning Commission shall be due within thirty (30) days after the plat is received by said Commission; otherwise the Village Council may take action without a Commission report. The report of the Vi114ge Engineer shall be due within fifteen (15) days from receipt of said plat. Whenever a plat is not approved by the Village Council, the Clerk shall notify the owner or subdivider of the time and place of a Village Council meeting at which he will be afforded an opportunity to be heard, unless he has pre- viously been heard by the Council. Whenever a final plan is approved by the Village Council, the Clerk shall sign such plat certifying approval. c) Following final approval by the Village Council, the Clerk shall notify the owner of the subdivider of the Council action, and within Sixty (60) days thereafter, the final plat, as approved shall be re- corded with the Register of Deeds or the Registar of Titles of the County. Failure to record the plat withing this sixty (60) day period shall nullify the approval of the Council unless application has been made in writing for an extension of time and such extension has been granted by the Council. SECTION XXIII BUILDING PERMITS No building permit shall be _issued for the construction of any build- ing, structure or improvement to the land or any lot within a subdivision as defined herein which has been approved for platting, until all require- ments of this ordinance and all provisions for street construction and land improvements have been complied with in full. SECTION XIV VARIATIONS AND EXCEPTIONS The Planning Commission may recommend variations from these requirements in specific case, which, in its opinion, do not affect a general plan or the intent of this oridnance. Such recommendations shall be communicated to the Council in writing, substantiating the recommended variations. The Council may approve variantions from the requirements of this oridnance in specific cases which, in its opinion, do not adversely affect the plan and spirit of this ordinance. SECTION XXV. VALIDITY If any section, subsection, sentence, 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. SECTION XXVI VIOLATIONS PENALTY Anyone violating any of the provisions of the ordinance shall be guilty of a misdemenanor, punishable by a fine of not more than one hundred dollars ($100.00) for each and every day that such violation continues. SECTION XXVII ORDINANCES REPEALED Ordinance No. 5, adopted July 11, 1955, and all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION XXVIII EFFECTIVE DATE This ordinancee shall be in full force and effect from and after its passage and publication according to law. Adopted by the Village Council of the Village of Lino Lakes, Minnesota this 14th day of October, 1957. /s/ Arnold A. Kelling, Mayor ATTEST: Harry Proulx, Clerk Published in the Anoka Herald October 24, 1957