HomeMy WebLinkAbout#18 - Subdivision Ordinance Revision STAFF REPORT
DATE: 4/17/2018
REGULAR
ITEM #: 18
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Subdivisions Regulations Update
REVIEWED BY: Ben Prchal, City Planner
BACKGROUND:
An update to the City’s Subdivision Regulations Ordinance is an item on the Planning Commission’s
2018 Work Plan. Specific areas of focus as per the Work Plan include platting for minor subdivisions,
updating subdivision submission requirements, and preparing an update to incorporate engineering
standards. The Planning Commission reviewed and made various amendments to the ordinance at its
February 26 and March 26, 2018 meetings.
ISSUE BEFORE COUNCIL:
The Council is being asked to review proposed amendments to the City’s subdivision regulations and
adopt an ordinance making those amendments.
PROPOSAL DETAILS/ANALYSIS:
The following provides explanation of the proposed amendments:
Scope. Minn. State Statute 462.352 Subd. 12 excepts the following separations from subdivision
regulations. This has been added to the Section 153.02: Generally, Subd. B in order to align with State
Statute.
(1) where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size
and 500 feet in width for residential uses and five acres or larger in size for commercial
and industrial uses;
(2) creating cemetery lots;
(3) resulting from court orders.
Metes and Bounds. The purpose of this Section is to delineate properties that have been subdivided or
platted in the past and those that may be subdivided in the future that did not receive or are not required to
receive City approval. This means that if a property was subdivided prior to the time frames outlined below,
the city could not go back now and say that because under the City’s current regulations, the subdivision
approval would have been required that it must be approved by the City. This does not mean that if the
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property is further subdivided in the future (or now) that subdivision approval is not required, unless it met
certain exceptions.
• Current Subdivision Regulations. The current subdivision regulations place the following
restrictions on filing and recording conveyances of land which is described by metes and bounds:
“(A) No conveyance of lands to which the regulations contained in this chapter are applicable
shall be made and no conveyance of land to which the regulations contained in this chapter are
applicable shall be filed or recorded, if the land is described in the conveyance by metes and
bounds or by reference to an unapproved registered land survey made after 10-3-1968, or to an
unapproved plat made after 10-3-1968.
(B) The foregoing provision does not apply to a conveyance if the land described:
(1) Was a separate parcel of record 10-3-1968, or as to lands within the jurisdictional
boundaries of the Old Village prior to its consolidation with the Town of East Oakdale if the
land was a separate parcel of record 6-4-1974;
(2) Was the subject of a written agreement to convey, entered into prior to the time;
(3) Has been divided in accordance with § 153.10(B); is a single parcel of land having not less
than 5 acres and having a width of not less than 300 feet and its conveyance does not result in
the division of a parcel into 2 or more lots or parcels any 1 of which is less than 5 acres in area
or 300 feet in width; and/or
(4) Has been approved as an exception to platting pursuant to § 153.09.”
• Minnesota Statute Regulations. State Statute 462.358 Subd. 4b. states the following:
Subd. 4b.Restrictions on filing and recording conveyances.
(a) In a municipality in which subdivision regulations are in force and have been filed or recorded
as provided in this section, no conveyance of land to which the regulations are applicable shall
be filed or recorded, if the land is described in the conveyance by metes and bounds or by
reference to an unapproved registered land survey made after April 21, 1961 or to an
unapproved plat made after such regulations become effective.
(b) The foregoing provision does not apply to a conveyance if the land described:
(1) was a separate parcel of record April 1, 1945 or the date of adoption of subdivision
regulations under Laws 1945, chapter 287, whichever is the later, or of the adoption of
subdivision regulations pursuant to a home rule charter, or
(2) was the subject of a written agreement to convey entered into prior to such time, or
(3) was a separate parcel of not less than 2-1/2 acres in area and 150 feet in width on January 1,
1966, or
(4) was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980,
or
(5) is a single parcel of commercial or industrial land of not less than five acres and having a
width of not less than 300 feet and its conveyance does not result in the division of the parcel
into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in
width, or
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(6) is a single parcel of residential or agricultural land of not less than 20 acres and having a
width of not less than 500 feet and its conveyance does not result in the division of the parcel
into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in
width.
(c) In any case in which compliance with the foregoing restrictions will create an unnecessary
hardship and failure to comply does not interfere with the purpose of the subdivision
regulations, the platting authority may waive such compliance by adoption of a resolution to
that effect and the conveyance may then be filed or recorded.
(d) Any owner or agent of the owner of land who conveys a lot or parcel in violation of the
provisions of this subdivision shall forfeit and pay to the municipality a penalty of not less than
$100 for each lot or parcel so conveyed.
(e) A municipality may enjoin such conveyance or may recover such penalty by a civil action in
any court of competent jurisdiction.
• Staff Analysis. Staff proposes the following:
o With respect to the conflict with the dates, the statute says that no conveyance that has
not been approved by a city is allowed if the land described in the conveyance by metes
and bounds or by reference to an unapproved registered land survey made after April 21,
1961 or to an unapproved plat made after such regulations became effective. It appears
from reading the City’s ordinance (paragraph (A)), that its subdivision regulations must
have been effective on October 3, 1968, and so this is why this date was used instead of
April 21, 1961. Since the statute contemplates using the date that the City’s regulations
became effective if that date is later, the October 3, 1968 date should remain.
o This is also true with paragraph (B)(1) of the ordinance (“was a separate parcel of record
10-3-1968, or as to lands within the jurisdictional boundaries of the Old Village prior to
its consolidation with the Town of East Oakdale if the land was as separate parcel of
record 6-4-1974”) and this paragraph should remain as is.
o Paragraph (B)(2) of the ordinance is consistent with the statute, so it should remain.
o Paragraph (B)(3) should be broken into two paragraphs so that it is consistent with the
statute (the statute has different exceptions applicable to commercial/industrial parcels
and residential/agricultural parcels). The statute is actually stricter than the City’s code.
o Paragrah (B) (4) should be removed because it technically states that no city approval is
needed if the parcel qualifies as exception to platting under Section 153.09. Staff believes
it was not the intention of the City to make properties that are not required to be platted not
require any City approval, as Section 153.09 still requires minor subdivision or lot line
adjustment approval by the City in those cases.
Building Permits. Because the City’s development agreement template is amended from time and time,
especially as it pertains to requirements required to be completed prior to the issuance of building permits
and certificates of occupancy. Because of this, the proposed amendment refers the release of these items as
set forth by the development agreement.
Consistency with the Comprehensive Plan and Zoning District. There is currently no language that
explicitly requires that subdivisions be executed in accordance with the City’s Comprehensive Plan and
Zoning District. The proposed amendment specifies this requirement.
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Preliminary and Final Plat Submission Requirements. There are a number of items that are required
within the checklist of the City’s Preliminary and Final Plat applications that Staff require to thoroughly
review applications that are proposed to be codified within this ordinance.
Exceptions to Platting. The current ordinance allows the following exceptions to platting:
o Minor Subdivision. The current ordinance exempts platting for minor subdivisions, which is the
division of land which results in no more than 4 parcels that comply with minimum lot dimension
and public frontage requirements.
o State Statute Requirements. State Statute requires platting for subdivision of property in to
five or more lots which are 2.5 acres in size or less. The current ordinance is stricter than
State Statute in that it requires platting for subdivision of property in to four parcels or less.
o Platting vs. Metes and Bounds. However, the County typically prefers platting, and platting
may minimize property line disputes, as monuments/markers which are referred to in metes
and bounds descriptions may move or disappear over time, and platting makes for a much
clean property description.
o Proposed Amendment. At its last meeting during which this topic was discussed, the
Planning Commission recommended that Staff draft an ordinance which required platting
for the subdivision of a property in to four parcels or less but that did not require as lengthy
or costly of a process as subdivision of a parcel in to many more parcels would require. As
presented during this last meeting, it is typical for cities to require platting of properties
when a subdivision of a property in to more than two parcels occurs. The proposed
amendment requires this, and also breaks sections down in to the following sections –
minor subdivisions, major subdivisions – sketch plan review, major subdivisions –
preliminary plat, and major subdivisions – final plat.
o Previous Requirement for Minor Subdivision. Minor subdivisions previously only required
the following:
Name, address, and telephone number of the property owner/applicant and
evidence of title;
A legal description of the parcel which is being subdivided and legal
descriptions for each of the resulting parcels;
A written description stating the reason for the request; and
A land survey prepared by and signed by a registered land surveyor
describing the minor subdivision, and/or lot line adjustment and showing
all buildings, driveways, easements, setbacks, and other pertinent
information including the legal descriptions herein required.
o Proposed Requirements. With the proposed amendment, an applicant for a minor
subdivision would now be required to submit the following:
A preliminary plat prepared by a registered land surveyor.
Drainage, grading and erosion control plans.
Existing and proposed lowest floor elevations for each lot.
Wetland delineation report and map.
Soil testing for the installation of individual subsurface sewage treatment
system.
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If driveways to a state or county highway are required, driveway permits
or a letter of intent to approve said driveways from the applicable road
authority.
A public hearing is also required, whereas it previously was not. Because
of this, a certified list of property owners within 350 feet is required.
Previously, there was no set deadline by which to record the minor
subdivision. Now, there is a 120 day deadline, which is a requirement of
platting in the existing ordinance.
A minor subdivision still does not require a landscape plan.
Time Restriction for Recording of Minor Subdivision. The proposed
amendment sets forth the requirement that the minor subdivision be
recorded within 120 days of approval. This is already a requirement for
final plats, but there currently is no such requirement for a minor
subdivision.
Lot Line Adjustment. The previous ordinance designated lot line adjustments as the division of land which
results in no more than 4 parcels which do not comply with the city’s minimum lot dimension and/or pubic
road frontage requirements for the zoning district in which the land is located.
o Clarification of Language. A lot line adjustment should be just that – an adjustment of a
lot line, not a division of land. The proposed amendment amends language to specify this.
The proposed amendment explicitly explains that lot line adjustments shall not create a
new lot or outlot. Additionally, it is also clarified that lot consolidation also requires
approval, as lot consolidation could ultimately decrease required density and pose issues
with easements (the need to vacate and create new easements, etc.).
o Re-location of Language. The proposed amendment places the lot line adjustment/lot
consolidation language before the minor subdivision language. Much of the previous
language presented at the previous Planning Commission meeting during which the
subdivision ordinance was discussed has been kept.
City Council Action for Preliminary Plat. There is added language that allows City Council to review a
preliminary plat application 60 days after the first Planning Commission meeting at which the preliminary
plat was considered, regardless of whether or not a recommendation by the Commission has been made.
The previous language allowed the Council to consider a preliminary plat application 30 days after the close
of the public hearing, but this could potentially cause delays if the Planning Commission fails to close the
public hearing within a certain amount of time and potentially cause the City to not meet the 120 day
deadline required for preliminary plat.
Design Standards, Required Improvements. The addition of language that the design of required
improvements must meet plan sheet requirements set forth by the City Engineering Design and
Construction Standards Manual will refer the applicant to those standards. Because those standards are
constantly evolving, it would not make sense to codify the particular requirements. The only other change
proposed for design standards is that lot remnants may be used as outlots for city, landscaping or trail
purposes as approved by the City. The Commission may wish to make recommendation to changes to these
standards.
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Park Land Dedication Requirements. The two tables that outline park dedication requirements for
specific zoning districts for residential subdivisions that result in 3 or more parcels and commercial
development have been consolidated. Additionally, a policy regarding the dedication of trails for parkland
dedication is outlined. The City has generally used this as a policy, but the proposed amendment outlines
this policy.
The Commission had wished the Council to review the fees associated with required fees for subdivisions
which result in subdivisions of less than three parcels and commercial subdivisions. The City requires such
fees in order to create a sufficient supply of public recreational space to accommodate the reasonable needs
of the public.
The current fee for residential subdivision resulting in 3 or fewer parcels is $3600 per new lot created, and
the current fee for commercial subdivisions is $4500 per acre. The required dedication for residential
subdivision of more than three lots is within the ordinance.
If the fees are to be amended, this can be done so through adoption of a separate Ordinance. Staff would
recommend that the Parks Commission review these fees before they are amended if directed to do so by
Council.
Security Reduction. Security reduction is as outlined per the development agreement. There was previous
language that required that the City be issued a warranty bond be issued for a time period of two years after
acceptance of improvements for 100% of the cost of the improvements within the subdivision. Currently,
the development agreement outlines security reductions, and so the proposed amendment references the
development agreement, as the template is usually ever-changing.
Planning Commission Review. As previously mentioned, the Planning Commission reviewed proposed
amendments to the City’s Subdivision Regulations ordinance at its February 26 and March 26 meetings.
The Planning Commission’s revisions are incorporated in to the Ordinance.
• Metes and Bounds. The only major outstanding concern that the Planning Commission voiced was
defining either residential or agricultural land vs. commercial or industrial land that are described
as exceptions to the standard that property cannot be conveyed that is described as metes and
bounds. Their concern was that the lack of direction on how to define these types of properties
(through the Land Use Map of the Comprehensive Plan, zoning districts, etc) and what to do in the
case of a Mixed Use land use or zoning district could make it difficult to administratively allow
conveyance of properties by metes and bounds if they met the exception. The City Attorney has
been consulted regarding this.
• Bond vs. Letter of Credit. The City generally prefers letters of credit as opposed to bonds, as letters
of credit are easier to draw upon. The Planning Commission was concerned about removing the
option of providing a bond, but understood the City’s concern, and so recommended that bonds be
accepted as approved by Council.
FISCAL IMPACT:
None.
OPTIONS:
The Council may:
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• Adopt Ord. 08-205 approving proposed amendments to the City’s Subdivision Regulations
Ordinance.
• Specify desired amendments, deletions or additions to the proposed amendments to the City’s
Subdivision Regulations Ordinance and adopt Ord. 08-205 as amended.
• Do not adopt Ord. 08-205
RECOMMENDATION:
Staff and the Planning Commission recommend that Council adopt Ord. 08-205 approving amendments to
the City’s Subdivision Regulations.
“Move to adopt Ord. 08-205 approving amendments to the City’s Subdivision Regulations.”
Additionally, Staff recommends that the Council adopt Resolution 2018- authorizing summary publication
of Ord. 08-
“Move to adopt Resolution 2018-205 authorizing summary publication of Ord. 08-205.”
ATTACHMENTS:
• Draft Ord. 08-205
• Summary Publication Resolution 2018- 037
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CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-205
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING THE SUBDIVISION REGULATIONS ORDINANCE
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 153: Subdivision Regulations by amending the following:
Section
153.01 Regulations established
153.02 Generally
153.03 Definitions
153.04 Registered land survey
153.05 Conveyance by metes and bounds and other unapproved descriptions
153.06 Platting Lot Consolidation/Lot Line Adjustment
153.07 Preliminary plat Minor Subdivisions
153.08 Final plat Major Subdivisions – Sketch Plan Review
153.09 Exceptions to platting Major Subdivisions – Preliminary Subdivision Approval
153.10 Major Subdivisions – Final Subdivision Approval
153.11 Variances; standards; platting
153.12 Variance procedures
153.13 Planned Unit Developments (P.U.D.)
153.14 Design standards; required improvements
153.15 Park land dedication requirements
153.16 Required improvements; financial arrangements
153.17 Fees
153.18 Violations
§ 153.01 REGULATIONS ESTABLISHED.
No land shall be subdivided, nor shall any land be platted, in the City except as provided by this
chapter.
(1997 Code, § 400.02) Penalty, see § 10.99
§ 153.02 GENERALLY.
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(A) Purpose. In order to provide for orderly, economic, and safe development of land,
necessary urban services and facilities, and to promote the public health, safety, morals as to the
urban services and facilities, the following subdivision regulations are adopted by the Council of
the City. It is the intent of the City to protect the right of landowners to put their land to its
highest and best use and protect each owner's right to full beneficial use of his or her land insofar
as the use and enjoyment may be accomplished without detriment to the public interest and
within the minimum standards established by this chapter.
(B) Scope. The provisions of this chapter apply to any division of a tract of land into 2 or
more parcels for the purpose of transfer of ownership, building development, or tax assessment
purposes by platting, re-platting, registered land survey, conveyance, sale, contract for sale or
any other means by which a beneficial interest in land is transferred or any means by which a
tract of land is divided into 2 or more parcels for tax assessment purposes, except those
divisions:
(1) where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size
and 500 feet in width for residential uses and five acres or larger in size for commercial and
industrial uses;
(2) creating cemetery lots; or
(3) resulting from court orders.
(C) Approval necessary for acceptance of subdivision plats. Before any plat or subdivision
shall be recorded or be of any validity, it shall be referred to the Planning Commission and
approved by the Council as having fulfilled the requirements of this chapter.
(D) Building permits. No building permits shall be issued for the construction of any
building, structure, or improvement to any land or lot in a subdivision, as defusedined in this
chapter, until all requirements of this chapter have been satisfied, with the following exceptions.
(1) Building permits may be issued for model homes after approval of the final plat by the
council upon receipt of a signed developers agreement which shall include security for
improvements, both which shall be in a form approved by the City Attorney. The issuance of
building permits for model homes shall be in accordance with the signed development
agreement.
(2) Developer shall agree in writing to indemnify and hold harmless the City for damages
that may occur as a result of the model home construction prior to the required improvements
being completed.
(3) No certificate of occupancy shall be issued by the City until the first lift of blacktop is
completed. until all applicable requirements set forth by the development agreement have been
met.
(4) Traffic and parking arrangements relating to model homes shall be subject to the City's
review and approval.
(Am. Ord. 9707, passed 5-20-1997)
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(E) Conflicts. Whenever there is a difference between minimum standards or dimensions
required by this chapter or other ordinances of the City, the most restrictive standards of
dimensions shall apply.
(F) Flood plain management.
(1) No land shall be subdivided which is held unsuitable by the Council for reason of
flooding, inadequate drainage, water supply, or sewage treatment facilities. All lots within the
flood plain shall contain a building site at or above the regulatory flood protection elevation. All
subdivisions shall have water and sewage disposal facilities that comply with the provisions of
this chapter, and have road access both to the subdivision and to the individual building sites no
lower than 2 feet below the regulatory flood protection elevation.
(2) In the general flood plain district, applicants shall provide the information required in §
152.110. The Council shall evaluate the subdivision in accordance with procedures established
in this chapter and standards contained in § 152.07.
(G) Consistency with Comprehensive Plan and Zoning District. Subdivision of property shall
be in compliance with the City’s Comprehensive Plan and zoning district in which the property
is located.
(1997 Code, § 400.03) Penalty, see § 10.99
§ 153.03 DEFINITIONS.
Unless specifically defined in this chapter, common definitions, words, and phrases used in this
chapter shall be interpreted so as to give them the same meaning as they have in common usage
throughout this code and are found in § 11.01.
(1997 Code, § 400.04)
§ 153.04 REGISTERED LAND SURVEY.
No registered land survey of lands in the City shall be recorded with the Registrar of Titles until
the registered land survey shall have has been approved by the City. The approval shall be
indicated by resolution endorsed on or attached to the registered land survey signed by the chair
of the Planning Commission, Mayor, and City Clerk Administrator. No registered land survey
shall be approved by the City or signed by the officers if the recording of the registered land
survey will result in a subdivision in violation of any provision, regulation, or requirement of this
chapter.
(1997 Code, § 400.05)
§ 153.05 CONVEYANCE BY METES AND BOUNDS AND OTHER UNAPPROVED
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+>DESCRIPTIONS.
(A) No conveyance of lands to which the regulations contained in this chapter are applicable
shall be made and no conveyance of land to which the regulations contained in this chapter are
applicable shall be filed or recorded, if the land is described in the conveyance by metes and
bounds or by reference to an unapproved registered land survey made after 10-3-1968, or to an
unapproved plat made after 10-3-1968.
(B) The foregoing provision does not apply to a conveyance if the land described:
(1) Was a separate parcel of record prior to or on 10-3-1968, or as to lands within the
jurisdictional boundaries of the Old Village prior to its consolidation with the Town of East
Oakdale if the land was a separate parcel of record 6-4-1974;
(2) Was the subject of a written agreement to convey, entered into prior to the time 10-3-
1968;
(3) Has been divided in accordance with § 153.10(B); iIs a single parcel of residential or
agricultural land having not less than 5 20 acres and having a width of not less than 300 500 feet
and its conveyance does not result in the division of a parcel into 2 or more lots or parcels any 1
of which is less than 5 20 acres in area or 300 500 feet in width; and/or
(4) Is a single parcel of commercial or industrial land of not less than five acres and having
a width of not less than 300 feet and its conveyance does not result in the division of the parcel
into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in
width;
(4) Has been approved as an exception to platting pursuant to § 153.09.
§ 153.06 LOT CONSOLIDATION/LOT LINE ADJUSTMENT.
(A) Purpose and Intent. The lot consolidation/lot line adjustment process provides a simple
administrative procedure for the consolidation of 2 or more lots into 1 parcel, or to adjust
a common lot line affecting existing parcels. In areas that are well defined and land
descriptions are simple, the City may permit the conveyance of land using metes and
bounds descriptions or without the preparation and recording of a plat. In areas which are
not well defined, or where lots are irregular in shape and/or are included in more than one
plat, the City may require that lot consolidation/lot line adjustment occur through the
major or minor subdivision platting requirements of this chapter.
(B) Criteria for Lot Line Adjustment/Lot Consolidation. Lot line adjustments exempted from
platting by Minnesota Statute 462.352, Subd. 12 and shall not require a plat or replat and
may be administratively approved, provided all of the following are met:
(1) Each resultant parcel equals or exceeds the minimum lot dimension requirements
and public road frontage requirements for the zoning district in which the property is
located or is made more conforming through the lot line adjustment;
(2) The lot line adjustment does not create additional lots.
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(3) The lot line adjustment shall not cause any structure on the property to be made non-
conforming or in violation of the Zoning Chapter or any other provisions of the City
Code.
(4) All resultant parcels shall have frontage and access on an existing improved street or
access to an existing improved street protected by a restrictive covenant approved by the
City Attorney which includes the City as a beneficiary.
(5) The resulting parcels shall generally conform to the shape, character, and area of
existing or anticipated land subdivisions in the surrounding areas.
(6) Any such lot line adjustment shall not require any public improvements.
(7) Any easements that become unnecessary as a result of the combination of parcels
must be vacated. A request to vacate easements shall be made concurrently with the
application for lot consolidation/lot line adjustment. Review of the easement vacation
request, including any public hearings and City Council action, shall be completed before
action may be taken on the application for lot consolidation/lot line adjustment.
(8) New easements shall be established as appropriate.
(C) Subdivision of Property for Public Purpose. Alternatively, the subdivision of property
resulting from acquisition by governmental agencies for public improvements or uses
may be processed in the same manner as a lot line adjustment or lot consolidation.
(D) Submittal Requirements. Requests for lot line adjustments or lot consolidation shall be filed
with the Zoning Administrator on an official application form. The applicant’s signatures shall
be provided on the application form. If the applicant is not the fee owner of the property, the fee
owner’s signature shall also be provided on the application form, or the applicant shall provide
separate written and signed authorization for the application from the fee owner. Such
application shall be accompanied by the following information. The application shall be
considered as being officially submitted and complete when the applicant has complied with all
the specified requirements. The applicant will be responsible for all expenses incurred in
obtaining the required information.
(1) A fee as set forth by the City’s adopted fee schedule.
(2) Detailed written and graphic materials fully explaining the proposed lot line
adjustment.
(3) A legal description of the parcel which is being subdivided and legal descriptions for
each of the resulting parcels; and, in regard to lot line adjustments, legal descriptions
for the adjusted or consolidated parcels;
(4) A written description stating the reason for the request; and
(5) A land survey prepared by and signed by a registered land surveyor describing the lot
line adjustment and showing all buildings, driveways, easements, setbacks, and other
pertinent information including the legal descriptions herein required.
(6) A title search showing ownership of the property and any existing deed restrictions.
(7) Other information shall be provided as may be reasonably requested by the City staff.
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(E) Review of lot line adjustment or lot consolidation. A completed application shall be
reviewed administratively by the Zoning Administrator who shall make a written finding
in regard to the provisions of division (B) above. The Zoning Administrator's approval
shall be conditioned upon recording of documents which effectuate the lot line
adjustment or lot consolidation and any other conditions deemed necessary to ensure
compliance with the Zoning Code. Unless a request for additional review time is
requested by the Zoning Administrator, action on the application shall be taken within 60
days after a complete application is submitted. Prior to the issuance of any development
permits, and no later than 60 days after administrative review and approval, the applicant
shall provide the Zoning Administrator with recorded documents or recorded document
numbers for the deeds of conveyance which effectuate the lot line adjustment or lot
consolidation. Failure to provide the required verifications within the required time shall
invalidate the Zoning Administrator's approval.
(F) Certification of Taxes Paid. Prior to approval of an application for a lot line adjustment or
lot consolidation, the applicant shall provide certification to the City that there are no
delinquent property taxes, special assessments, interest, or City utility fees due upon the
parcel of land to which the lot line adjustment or lot consolidation application relates.
(1997 Code, § 400.06) Penalty, see § 10.99
§ 153.07 MINOR SUBDIVISIONS.
(A) Purpose and Intent. The purpose of a minor subdivision process is to allow the City to
waive certain procedures and requirements of a major subdivision. The purpose is to
reduce the time and cost to the property owner for dividing land in locations and
situations that are well defined and where no new public infrastructure is required. The
minor subdivision process allows for concurrent review and approval of a Preliminary
and Final Plat.
(B) Criteria for Minor subdivision. A minor subdivision is a division of land which results in
no more than 4 parcels wherein:
(1) Each resultant parcel meets all applicable requirements of the Zoning Code, including
but not limited to density, lot size, lot width, and minimum frontage on a public road,
unless a variance has been approved according to the procedures set forth in 153.11.
(2) No new public rights-of-way or streets shall be necessary for or created by the
subdivision.
(3) Streets, utility easements, drainage easements or public park land or cash in lieu of
land shall be dedicated or fees paid in lieu of dedication as required by the City.
(4) All wetland areas and Minnesota Department of Natural Resources protected waters
shall be protected with a conservation easement up to the 100-year flood level
(5) The minor subdivision complies with all applicable requirements of the road
authority, including access spacing and location criteria for sight distances if located
adjacent to a state or county highway, and/or of the watershed district(s) in which it is
located.
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(C) Submittal Requirements. Requests for minor subdivision shall be filed with the Zoning
Administrator on an official application form. The applicant’s signatures shall be
provided on the application form. If the applicant is not the fee owner of the property, the
fee owner’s signature shall also be provided on the application form, or the applicant
shall provide separate written and signed authorization for the application from the fee
owner. Such application shall be accompanied by the following information. The
applicant shall submit a minimum of 4 large scale copies and 10 reduced scale (11” X
17”) copies of all graphics. The application shall be considered as being officially
submitted and complete when the applicant has complied with all the specified
requirements. The applicant will be responsible for all expenses incurred in obtaining the
required information.
(1) A fee as set forth by the City’s adopted fee schedule
(2) Detailed written and graphic materials fully explaining the proposed minor
subdivision
(3) List of property owners located within 350 feet of the subject property in a format
prescribed by the Zoning Administrator
(4) A preliminary plat prepared by a registered land surveyor in the form required by
M.S. Ch. 505, as it may be amended from time to time, and the name, address,
and registration number of the surveyor, which includes:
a. Graphical scale not more than 1 inch equals 100 feet.
b. North point indication.
c. Original and proposed lot boundaries.
d. Topographic data at 2 foot contours.
e. Existing and resulting parcel legal descriptions.
f. Buildable area on each lot and proposed building pad.
g. The location of existing structures on the site.
h. Existing and proposed driveway locations.
i. Existing easement locations.
j. Existing parks, streets and utility easements.
k. Delineated wetlands and water bodies including ordinary high water elevations
and floodplain boundaries as applicable.
l. Sewage treatment systems and/or well locations.
m. Location and size of existing sewers, water mains, wells, culverts, or other
underground utilities within the tract and to a distance of 150 feet beyond the
tract, the data as grades, invert elevations, and locations of catch basins, and
manholes shall also be shown;
(5) Drainage, grading and erosion control plans, if applicable.
(6) Existing and proposed lowest floor elevations for each lot.
(7) Soil testing for the installation of subsurface sewage treatment system, if
applicable.
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(8) If driveways to a state or county highway are required, driveway permits or a
letter of intent to approve said driveways from the applicable road authority.
(9) Any additional information if deemed necessary and required by the Zoning
Administrator. The Zoning Administrator may waive for good cause certain
information requirements not pertinent to the particular minor subdivision request.
(D) Review of Minor Subdivision.
(1) Review by staff and other commissions or jurisdictions. The City shall refer
copies of the preliminary plat to the City Engineer, Planner, Attorney, the Parks
Commission, and the appropriate county, state, or other public agencies for their
review and comment. The Zoning Administrator shall instruct the appropriate
staff persons to prepare technical reports where appropriate, and to provide
general assistance in preparing a recommendation on the action to the Planning
Commission and Council.
(2) Public Hearing Set. Upon receipt of a complete application, the Zoning
Administrator shall set a public hearing following proper hearing notification. The
Planning Commission shall conduct the hearing, and report its findings and make
recommendation to Council. Notice of said hearing shall consist of a legal
property description and a description of the request, which shall be published in
the official newspaper at least 10 days prior to the hearing and written notification
of said hearing shall be mailed at least 10 days prior to the hearing to all owners
of land within 350 feet of the boundary of the property in question. Failure of a
property owner to receive said notice shall not invalidate any such proceedings as
set forth within this Chapter.
(3) The Planning Commission shall make a finding of fact and recommend such
actions or conditions relating to the request as it deems necessary to carry out the
intent and purpose of this Chapter.
(4) The City Council shall not approve a minor subdivision until it has received a
report and recommendation from the Planning Commission and the City staff, or
until 60 days after the first regular Planning Commission meeting at which the
request was considered.
(5) Approval of a minor subdivision shall require passage of a resolution by a
majority vote of a quorum of the City Council.
(6) Prior to certification by the City of the approval of the minor subdivision, the
applicant shall submit the final plat for signature, supply the deed(s) granting the
City any easements required by the City and pay any required fees.
(7) Whenever an application for a minor subdivision has been considered and denied
by the City Council, a similar application for a minor subdivision affecting
substantially the same property shall not be considered again by the Planning
Commission or City Council for at least 6 months from the date of its denial
9
unless a decision to reconsider such matter is made by a majority vote of the
entire City Council.
(E) Recording of the Minor Subdivision. If the minor subdivision is approved by the Council,
the subdivider shall record it with the County Recorder within 120 days after the
approval. If not filed within 120 days, approval of the minor subdivision shall be
considered void, unless a request for time extension is submitted in writing and approved
by the Council. The subdivider shall, immediately upon recording, furnish the Zoning
Administrator with copies of the recorded documents which effectuate the minor
subdivision. No building permits shall be issued for construction of any structure on any
lot within the approved minor subdivision until the City has received evidence of the plat
being recorded by the County.
(F) Financial Guarantee. Following the approval of a minor subdivision as required by this
Section and prior to the issuing of any building permits or the commencing of any work,
the applicant may be required to guarantee to the City the completion of any
improvements as shown on the approved plans and as required as a condition of minor
subdivision approval.
(G) Certification of Taxes Paid. Prior to approval of an application for a minor subdivision,
the applicant shall provide certification to the City that there are no delinquent property
taxes, special assessments, interest, or City utility fees due upon the parcel of land to
which the minor subdivision application relates.
§ 153.08 MAJOR SUBDIVISIONS-SKETCH PLAN REVIEW PLATTING.
(A) Platting required. Except as provided in § 153.09, platting shall be required for the
subdivision of a tract of land which is to be divided into 3 or more lots or parcels for the purpose
of transfer of ownership, building development, or for tax assessment purposes.
(B) Pre-application.
(A) (1)Sketch plan Purpose and Intent. In order to ensure that all applicants are informed of
the procedural requirements and minimum standards of this chapter and the requirements
or limitations imposed by other City ordinances or plans, prior to the development of a
preliminary plat, applicants are required to submit a sketch plan to the City for review.
the subdivider shall meet with the Planning Commission and prepare a sketch plan which
explains or illustrates the proposed subdivision and its purpose. The Planning
Commission shall accept the information received, but take no formal or informal action
which could be construed as approval or denial of the proposed plat.
(B) (2) Submissionittal requirements. The owner shall prepare and submit a sketch plan,
together with any necessary supplemental information. The plan shall contain the
information set forth below. (C) General provision (pre-application) Requests for major
subdivision shall be filed with the Zoning Administrator on an official application form.
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The applicant’s signatures shall be provided on the application form. If the applicant is
not the fee owner of the property, the fee owner’s signature shall also be provided on the
application form, or the applicant shall provide separate written and signed authorization
for the application from the fee owner. Such application shall be accompanied by the
following information. The applicant shall submit a minimum of 4 large scale copies and
10 reduced scale (11” X 17”) copies of all graphics. The application shall be considered
as being officially submitted and complete when the applicant has complied with all the
specified requirements. The applicant will be responsible for all expenses incurred in
obtaining the required information.
(1) A fee as set forth by the City’s adopted fee schedule
(2) Detailed written and graphic materials fully explaining the proposed major
subdivision
(3) List of property owners located within 350 feet of the subject property in a format
prescribed by the Zoning Administrator
(4) A scaled drawing which includes:
(2) Names and addresses of all persons having property interest, the developer, the
designer, and surveyor together with the interested person's registration number;
a. Locations of boundary lines in relation to a known section, quarter section, or
quarter quarter section line comprising a legal description of the property;
b. Graphical scale not less than 1 inch equals 100 feet.
c. Data and north point.
d. (D) Existing conditions.
i. (1) Boundary line of proposed subdivision, clearly indicated;
ii. (2) Existing zoning classification for land within and abutting the
subdivision;
iii. (3) A statement on the acreage and dimensions of the lots;
iv. (4) Location widths and names of existing or previously platted streets
or other public ways, showing type, width, and conditions of
improvements, if any, railroad and utility rights-of-way, parks and other
open spaces, permanent buildings and structures, easements in section
and corporate lines within the tract and to a distance of 350 150 feet
beyond the tract;
v. (5) Location and size of existing sewers, water mains, wells, culverts,
or other underground utilities within the tract and to a distance of 350
150 feet beyond the tract, the data as grades, invert elevations, and
locations of catch basins, and manholes shall also be shown;
vi. (6) Boundary lines of adjoining unsubdivided or subdivided land,
within 350 150 feet, identified by name and ownership, including all
contiguous land owned or controlled by the subdivider;
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vii. (7) Topographic data, including contours at vertical intervals of not
more than 5 feet; water courses, marshes, rock outcrops, power
transmission poles and lines and other significant features shall also be
shown; National Geodetic Vertical Datum (N.G.V.D.) shall be used for
all topographic mapping; and
viii. (8) The subdivider may be required to file a report prepared by a
registered civil engineer or soil scientist on the feasibility of individual
on-site sewer and water systems on each lot; the report shall include a
soil borings analysis and a percolation test to verify conclusions.
ix. Buildable area on each lot and proposed building pad.
x. Existing and proposed driveway locations.
xi. Existing parks, streets and easement locations.
xii. Delineated wetlands and water bodies including ordinary high water
elevations and floodplain boundaries as applicable.
e. (E) Proposed design features.
i. (1) Layout of proposed streets showing right-of-way widths, center line
grade, typical cross-sections, and proposed names of streets in
conformance with all applicable City ordinances and policies; the name
of any street used in the City or its environs shall not be used unless the
proposed street is the logical extension of an already named street, in
which event the same name shall be used. The names and number shall
comply with the County Uniform Street Numbering System
ii. (2) Areas other than streets, pedestrian ways, utility easement, intended
to be dedicated or reserved for public use, including the size of the areas
in acres.
iii. (3) (a) Provision for surface water disposal, drainage, and flood
control within the boundaries of the proposed property division
consistent with § 150.273 of this code, storm water management and
erosion and sediment control
f. (F) Supplementary information.
i. (1) The supplementary information as shall reasonably be deemed
necessary by the Planning Commission or the Council;
ii. (2) Proposed protective covenants;
iii. (3) Statement of the proposed use of lots stating type of residential
buildings with number of proposed dwellings and type of business or
industry, so as to review the effect of the development on traffic, fire
hazards, and congestion of population;
iv. (4) If any zoning changes are contemplated, the proposed zoning plan
for the areas, including dimensions, shall be shown. The proposed
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zoning plans shall be for information only and not vest any rights in the
application for use other than residential;
v. A statement showing the proposed density with the method of
calculating said density also shown.
vi. (5) Where the subdivider owns property adjacent to that which is being
proposed for division, the Planning Commission may require that the
subdivider submit a sketch plan of the remainder of the property so as to
show the possible relationship between the proposed division and a
future subdivision. All subdivisions shall be reasonably consistent with
the existing or potential adjacent subdivisions; and
vii. (6) Where structures are to be placed on large or excessively deep lots,
which are subject to replat, the development subdivision plans shall
indicate placement of structures so that lots may be further subdivided,
in addition to a sketch plan that illustrates a way in which the lots can
possibly be resubdivided.
(C) Sketch Plan Review. The sketch plan shall be reviewed by Staff, the Planning
Commission, and Council. The Zoning Administrator may refer the sketch plan to the
Parks Commission to secure its recommendation as to the location of any property that
should be dedicated to the public, such as parks, playgrounds, trails, open space or other
public property. The City shall accept the information received, but take no formal or
informal action which could be construed as approval or denial of the proposed plat.
(1997 Code, § 400.07) (Am. Ord. 08-024, passed 4-20-2010) Penalty, see § 10.99
§ 153.079 PRELIMINARY PLAT MAJOR SUBDIVISIONS.
(A) Filing. Twenty copies of the preliminary plat and certified list of property owners located
within 350 feet of the subject property obtained from and certified by a licensed abstractor, shall
be filed with the Administrator. The required filing fee as established by Council resolution shall
be paid and any necessary applications for variances from the provisions of this chapter shall be
submitted with the required fee. The proposed plat shall be placed on the agenda of the Planning
Commission meeting no later than the second regularly scheduled meeting following the date of
filing. No application shall be accepted by the Administrator for filing unless all application
information required by this chapter is submitted with the application.
(A) Submissionttal requirements. The applicant shall prepare and submit a preliminary plat,
together with any necessary supplementary information. The preliminary plat shall contain the
following information. Requests for preliminary plat approval may be filed with the Zoning
Administrator on an official application form after the applicant has received comments on the
proposed sketch plan as outlined in Section 153.08 of this Chapter. The applicant’s signatures
shall be provided on the application form. If the applicant is not the fee owner of the property,
13
the fee owner’s signature shall also be provided on the application form, or the applicant shall
provide separate written and signed authorization for the application from the fee owner. Such
application shall be accompanied by the following information. The applicant shall submit a
minimum of 4 large scale copies and 10 reduced scale (11” X 17”) copies of all graphics. The
application shall be considered as being officially submitted and complete when the applicant
has complied with all the specified requirements. The applicant will be responsible for all
expenses incurred in obtaining the required information.
(1) A fee as set forth by the City’s adopted fee schedule
(2) Detailed written and graphic materials fully explaining the proposed major
subdivision.
(3) List of property owners located within 350 feet of the subject property in a format
prescribed by the Zoning Administrator
(4) (C) General provision (preliminary plat). (1) Proposed name of
subdivision; names shall not duplicate or too closely resemble names of existing
subdivisions; in any case, the name must be approved by the County Recorder;
(5) (2) Location of boundary lines in relation to a known section, quarter section, or
quarter quarter section lines comprising a legal description of the property;
(6) (3) Names and addresses of all persons having any interest in the property, the
developer, designer, and surveyor together with the interested person's registration
number;
(7) (4) Graphic scale of preliminary plat prepared by a registered land surveyor in
the form required by M.S. Ch. 505, as it may be amended from time to time, and
the name, address, and registration number of the surveyor not less than 1 inch to
100 feet;
(8) (5) Data and north point; and
(9) (6) Date of preparation.
(10) (D) Existing conditions.
a. (1) Boundary line of proposed subdivision, clearly indicated;
b. (2) Existing zoning classifications for land within and abutting the
subdivision;
c. (3) A general statement on the approximate acreage and dimensions of the
lots;
d. (4) Location, widths, and names of all existing or previously platted streets
or other public ways, showing type, width, and condition of improvements if
any, railroad and utility rights-of-way, parks and other public open spaces,
permanent buildings and structures, easements and section and corporate
lines within the tract and to a distance of 350 150 feet beyond the tract;
e. (5) Location and size of existing sewers, water mains, culverts, or other
underground facilities within the tract and to a distance of 350 150 feet
14
beyond the tract; the data as grades, invert elevations, and locations of catch
basins, manholes, shall also be shown;
f. (6) Boundary lines of adjoining unsubdivided or subdivided land, within
350 150 feet, identified by name and ownership, including all contiguous
land owned or controlled by the subdivider;
g. (7) Topographic data, including contours at vertical intervals of not more
than 2 feet; water courses, marshes, rock outcrops, power transmission poles
and lines, and other significant feature shall also be shown; National
Geodetic Vertical Datum (N.G.V.D.) shall be used for all topographic
mapping; and
h. (8) In plats major subdivisions where public water and sewer are not
available, the City Engineer may require the subdivider to file a report
prepared by a soil scientist or a registered civil engineer on the feasibility of
individual on-site sewer and water systems on each lot. The report shall
include a soil boring analysis and percolation tests to verify conclusions.
(11) (E) Proposed design features
a. Layout of proposed streets showing right-of-way widths, center line grade,
typical cross-sections, and proposed names of streets in conformance with
all applicable City ordinances and policies. The names and number shall
comply with the County Uniform Street Naming and Property Numbering
System, with the following exceptions:
i. Unless a newly proposed street directly extends from an existing street,
no street name that already exists in the City or its environs shall be used,
regardless if it is on the same grid as another street.
a. North-south avenues shall follow the grid system, increasing
alphabetically from east to west, but must use different names.
b. East-west streets shall follow the grid numbering system as
appropriate, but a different suffix such as Lane, Place, Way, etc. or a
different prefix such as Upper or Lower shall be used.
ii. The names of deflecting streets shall not vary; names of continual streets
shall not change, even if the street changes direction, unless an
intersection exists.
iii. The names of deflecting streets shall be determined according to their
relation to an Arterial or Collector Street if appropriate, otherwise such
names shall be determined according to their main point of entry in to a
development or as deemed appropriate by Council.
iv. If appropriate, names with the same theme (i.e. flowers, nature) are
permitted for naming streets in an entire subdivision.
v. All street names shall end with the directional suffix of North.
b. (2) Locations and widths of proposed alleys and pedestrian ways;
15
c. (3) Locations and size of proposed sewer lines and water mains;
d. (4) Layout, numbers, lot areas, and preliminary dimensions of lots and blocks;
e. (5) Building pads shall be shown to demonstrate M minimum front and side
street building setback lines;
f. (6) When lots are located on a curve, the width of the lot at the building setback
line shall be shown;
g. (7) Areas, other than streets, alleys, pedestrian ways, and utility easements
intended to be dedicated or reserved for public use, including the size of the area
or areas in acres. This shall include areas planned for trails and parks within the
City;
h. (8) Area calculations of lots, right-of-way, streets, public highways, alleys, parks
and public trails, wetland and wetland buffers and other features with accurate
dimensions;
i. (9) Water mains shall be provided to serve the subdivision by extension of any
existing community system wherever feasible. Service connections shall be
stubbed into the property line and all necessary fire hydrants shall also be
provided. Extensions of the public water supply system shall be designed so as to
provide public water in accordance with the standards of the City. In areas where
public water supply is not available, well plans must comply with applicable state
regulations and shall be submitted for the approval of the City Building Official;
j. (10) Sanitary sewer mains and service connections shall be installed in
accordance with the standards established by the City;
k. (11) All private sewage treatment systems shall be installed in accordance with
standards established by the City. Demonstration of two separate and distinct
10,000 square-foot contiguous land areas, suitable for septic drainfields, is
required;
l. (12) Surface water disposal, drainage, and flood control shall be provided within
the boundaries of the proposed property division consistent with § 150.273 of this
code, storm water management and erosion sediment control;
m. (13) Location of 100-year flood plain areas and floodway districts from
existing adopted maps or data; and
n. (14) A line or contour representing the ordinary high water level, the “toe”
and the “top” of bluffs, and the minimum building setback distances from the top
of the bluff and the lake or stream.
o. (F) Supplementary information. The following supplementary information shall
be submitted when deemed necessary by the Planning Commission City:
i. (1) Written statement explaining changes or modifications to the sketch
plan.
ii. Proposed protective covenants;
iii. (2) An accurate soil survey of the subdivision prepared by a qualified
person. In areas of questionable soil conditions, percolation tests at the
16
rate of no fewer than two successful test results for each proposed septic
disposal area (a total of four tests per proposed lot) may be required on a
lot-by-lot basis to determine the suitability of any particular site for
building.
iv. (3) A statement 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;
v. (4) Statement of the proposed use of lots stating type of residential
buildings with number of proposed dwelling units and/or type of business
or industry, so as to reveal the effect of the development on traffic, fire
hazards, and congestion of population;
vi. (5) If any zoning changes are contemplated, the proposed zoning plat for
the areas, including dimensions, shall be shown;
vii. (6) Where the subdivider owns property adjacent to that which is being
proposed for the subdivision, the Planning Commission may 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. All subdivisions shall be shown to relate well with
existing or potential adjacent subdivisions;
viii. (7) Where structures are to be placed on large or excessively deep lots
which are subject to potential replat, the subdivider shall provide in the
preliminary plat, a sketch plan which indicates minimum building setback
lines and future roadway alignments which would not interfere with
structural placement at the time of future subdivision; and
ix. (8) A vegetation preservation and protection platn, consistent with
Section 154.257 of the Zoning Code, 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;
x. Developer shall provide a landscape plan, signed by a licensed landscape
architect, which shows how a subdivision will assume a rural character
through the placement of ponding, berms, trees, and tree seedlings, shrubs,
and shrub seedlings and native grasses.
1. Landscape plans shall adhere to all requirements of Section
154.258 of the Zoning Code and shall include the City’s
Landscape Standard Notes.
2. Irrigation plans shall be submitted and be in compliance with Lake
Elmo General Irrigation Standards.
(d) Developer shall plant a minimum of 6 trees, 1 inch caliper
deciduous, or coniferous trees; 3 feet in height per acre unless a lot within
the subdivision is determined by the Zoning Administrator to be naturally
17
wooded which would, at a minimum, consist of the caliper and height of
trees required by this chapter; and
(c) Developer shall provide spaced or clustered plantings of 1 and
1/2 inch caliper deciduous trees at a rate of 2 per 100 lineal feet on both
sides of the street, between 0 feet and 5 feet to the inside of the right-of-
way for rural sections and between 5 feet and 10 feet to the inside of right-
of-way for urban sections. Four foot conifers may be substituted.(
xi. 9) If the development is an Open Space Preservation development,
architectural and performance standards shall be submitted. If applicable,
developments within the I-94 corridor and Old Village shall submit
architectural renderings in order to ensure compliance with City of Lake
Elmo Design Guidelines & Standards.
xii. (10) Any environmental review, such as an Environmental Assessment
Worksheet, as required by State Statutes. If an environmental review is
required, the Preliminary Plat application cannot proceed until the review
or study is complete;
p. (G) Other information. Other information shall be provided as may be
reasonably requested by the City staff, Planning Commission, or Council.
(B) (H) Preliminary Major Subdivision Review. by staff and other commissions or
jurisdictions.
(1) Review by staff and other commissions or jurisdictions. The City shall refer copies of
the preliminary plat to the City Engineer, Planner, and Attorney, the Park
Commission, and the appropriate county, state, or other public agencies, including but
not limited the Minnesota Department of Transportation and/or Washington County if
the application abuts a county road or highway or county state-aid highway, and/or
the Department of Natural Resources (DNR) if the application is within a Shoreland
Overlay District and/or Floodplain Management District, for their review and
comment. The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports where appropriate, and to provide general assistance in
preparing a recommendation on the action to the Planning Commission and Council.
(2) Comment must be received within 30 days or it will be assumed there are no
objections.
(C) (I) Public Hearing Set. The Planning Commission, upon receipt of the application shall
instruct Administrator to set a public hearing on the proposed preliminary plat no
later than 45 days from the date of filing of the application. Upon receipt of a
complete application, the Zoning Administrator shall set a public hearing following
proper hearing notification. The Planning Commission shall conduct the hearing and
report its findings and recommendations to the Council. The Administrator shall give
notice of the hearing. The notice shall consist of a property description and a
description of the request. The notice shall be published in the official newspaper at
18
least 10 days prior to the date of the hearing and written notification of the hearing
shall be mailed at least 10 days prior to all owners of land within 350 feet of the
boundary of the property in question. The Planning Commission, at its discretion,
may direct that notification be sent to property owners at distances of greater than 350
feet. (2) The failure of any property owner to receive notice shall not invalidate the
proceedings set forth in this Chapter.
(5) (D) (J) Planning Commission action. The Planning Commission shall make a
recommendation to the Council within 30 days following the close of the public
hearing. If the recommendations of the Planning Commission are not received
within that time, the Council may act on the preliminary plat without the
recommendations. The Planning Commission shall make a finding of fact and
recommend such actions or conditions relating to the request as it deems
necessary to carry out the intent and purpose of this Chapter. The Planning
Commission and shall have the authority to request additional information from
the subdivider concerning the proposal, as deemed necessary to formulate a
recommendation on the proposal.
(1) The Planning Commission shall recommend approval of the preliminary plat if it
in all ways conforms to the City’s Comprehensive Plan and Development Code.
The Commission shall recommend denial of the preliminary plat if it makes any
of the following findings:
a. That the proposed subdivision is in conflict with the City’s Comprehensive
Plan, Development Code, Capital Improvements Program, or other policy or
regulation.
b. That the physical characteristics of the site, including but not limited to
topography, vegetation, susceptibility to erosion and siltation, susceptibility to
flooding, water storage, and retention, are such that the site is not suitable for
the type or intensity of development or use contemplated.
c. That the design of the subdivision or the proposed improvements are likely to
cause substantial and irreversible environmental damage.
d. That the design of the subdivision or the type of improvements will be
detrimental to the health, safety, or general welfare of the public.
e. That the design of the subdivision or the type of improvement will conflict
with easements on record or with easements established by judgment of a
court.
f. That the subdivision is premature as determined by the standards of this
Chapter.
(E) (K) City Council Action.
(6) (1) The Council shall act upon the preliminary plat and may impose the
conditions and restrictions as are deemed necessary by the Council in view of the
purpose of this section and the recommendations of the Planning Commission
19
within 30 days after receiving the recommendations of the Planning Commission
or within 60 days after the close of the public hearing on the preliminary plat
should the Planning Commission fail to forward recommendations after it has
received a report and recommendation from the Planning Commission and the
City staff, or until 60 days after the first regular Planning Commission meeting at
which the request was considered. The Council shall have the option of receiving
additional testimony if it so chooses. An application for preliminary plat shall be
approved or denied within 120 days from the date of its official and complete
submission unless extended pursuant to Statute or a time waiver is granted by the
subdivider.
(2) If the preliminary plat is not approved by the Council, the reasons for the
action shall be recorded in the proceedings of the council and transmitted to the
applicant. If the preliminary plat is approved, the 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
chapter to be indicated on the final plat. The Council may require revisions in the
preliminary plat and final plat as it deems necessary for the public health, safety,
general welfare, and convenience.
(F) Effect of Approval. For one year following preliminary plat approval, unless the
subdivider and City agree otherwise, no amendment to the Comprehensive Plan or other
official controls shall apply to or affect the use, development density, lot size, or lot
layout that was approved.
(G) Effect of Denial. If a preliminary plat application is denied by the City Council, a similar
application for a preliminary plat affecting substantially the same property shall not be
considered again by the Planning Commission or City Council for at least six months
from the date of its denial.
(H) (L) Submission of final plat; request for extension. If the preliminary plat is approved
by the Council, the subdivider must submit the final plat within 180 days after the
approval, or approval of the preliminary plat shall be considered void, unless a request for
time extension is submitted in writing and approved by the council. Such request for an
extension shall include the following: 1) an explanation for why a final plat has not been
applied for, 2) what, if any, good faith efforts have been made to complete the platting
process, and 3) the anticipated completion date. The Zoning Administrator may approve
up to two such extensions of not more than one additional year per extension.
(1997 Code, § 400.08) (Am. Ord. 08-024, passed 4-20-2010) Penalty, see § 10.99
§ 153.0810 FINAL PLAT MAJOR SUBDIVISONS.
(A) After the preliminary plat has been approved, the final plat shall be submitted for
approval as follows.
20
(A) (1) Submissionttal requirements. The owner shall submit a final plat signed and
acknowledged by each person owning a legal or equitable interest in the lands platted, including
contract purchasers or those holding only a security interest such as a mortgagee. The final plat
shall contain the following information: Requests for final plat approval may be filed with the
Zoning Administrator on an official application form following approval of a preliminary plat.
The applicant’s signatures shall be provided on the application form. If the applicant is not the
fee owner of the property, the fee owner’s signature shall also be provided on the application
form, or the applicant shall provide separate written and signed authorization for the application
from the fee owner. Such application shall be accompanied by the following information. The
applicant shall submit a minimum of 4 large scale copies and 10 reduced scale (11” X 17”)
copies of all graphics. The application shall be considered as being officially submitted and
complete when the applicant has complied with all the specified requirements. The applicant will
be responsible for all expenses incurred in obtaining the required information.
(7) A fee as set forth by the City’s adopted fee schedule.
(8) A written summary of how all conditions of preliminary plat approval have been
met.
(9) Written statement explaining changes or modifications to the preliminary plat.
(10) Final plat including the following information:
i. Name of the subdivision;
ii. Location by section, township, range, county, and state, and including
descriptive boundaries of the subdivision;
iii. The location of monuments shall be shown and described on the final plat;
iv. Location and area calculations of lots, right-of-way, streets, public
highways, alleys, parks and trails, wetland and wetland buffers and other
features with accurate dimensions;
v. Lots shall be numbered clearly; blocks are to be numbered, with numbers
shown clearly in the center of the block;
vi. The exact locations, widths, and names of all streets to be dedicated;
vii. Location width and use of all easements to be dedicated;
viii. Certification by a registered land surveyor in the form required by M.S.
Ch. 505, as it may be amended from time to time, and the name, address,
and registration number of the surveyor;
ix. Scale of plat (the scale to be shown graphically on a bar scale), date, and
north point;
x. Statement dedicating all easements;
xi. Statement dedicating all streets, utility easements, and other public areas
not previously dedicated; and
xii. Certificate for approval by the City Planning Commission and the
Council. The certificate shall be prepared for the signatures of the Chair
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and Secretary of the City Planning Commission, and the Mayor and
Administrator.
(11) Final grading and drainage plan, appropriately labeled, using a copy of the
current certificate of survey as a base for the site in question and prepare and
signed by a Minnesota licensed engineer, depicting the following information:
i. North arrow and date of preparation.
ii. Graphic Scale (engineering scale only, not less than one (1) inch equals
fifth (50) feet).
iii. For each lot, provide lot and block numbers, building pad location,
building type and proposed building first floor elevation, low floor
elevation and elevation at garage slab.
iv. Stormwater Management Plan, with a narrative, including the
configuration of drainage areas and calculations that meet the
requirements of the City Code and/or applicable Watershed Standards.
v. Location of all natural features on the tract. Natural features are
considered to include, but are not limited to the following: tree lines,
wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes,
etc.
vi. All delineated Wetlands and watercourse buffers per the City and
Watershed standards; and wetland replacement plan, if needed.
vii. Location of all existing storm sewer facilities, including pipes, manholes,
catch basins, ponds, swales, and drainage channels within one hundred
fifty (150) feet of the tract. Existing pipe type, grades, rim and invert
elevations and normal and high water elevations must be included.
viii. Normal water level (NWL) and 100-year high water level (100-year
HWL) for all water bodies, existing and proposed.
ix. Spot elevations at drainage break points and emergency overflows (in
BOLD) with directional arrows indicating site, swale and lot drainage.
x. Retaining Walls (wall heights and elevations).
xi. Locations, grades, rim and invert elevations of all storm sewer facilities,
including ponds and BMP’s proposed to serve the tract.
xii. Locations and elevations of all street high and low points.
xiii. Street grades shown.
xiv. Provide phasing plan for site grading.
xv. All soil erosion and sediment control measures to be incorporated during
and after construction must be shown. Locations and standard detail plates
for each measure must be included on the plan using Lake Elmo City
standard details. Plan must meet the requirements of MPCA General
Permit Construction Activity.
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xvi. All revegetation measures proposed for the tract, including seed and
mulch types and application rates must be included on the plan.
xvii. Existing contours at two (2) foot intervals shown as dashed lines (may be
prepared by a Minnesota licensed surveyor). Existing contours shall
extend one hundred fifty (150) feet outside of the tract.
xviii. Proposed grade elevations at two (2) foot intervals shown as solid lines.
xix. Other information as required and outlined in the City Plan Sheet Format
Requirements.
(12) Final utility plan, appropriately labeled, prepared and signed by a
Minnesota licensed engineer, depicting the following:
i. Easements locations, dimensions, and purposes.
ii. Underground and overhead facilities.
iii. Proposed utility plans including sanitary sewer, watermain, and storm
sewer, all in accordance with the City Engineer Design Standards Manual.
(13) Final street and storm sewer plan, appropriately labeled, prepared and
signed by a Minnesota licensed engineer, depicting the following information:
i. Layout of proposed streets showing the proposed lot lines, right-of-way
widths, and proposed street names, in accordance with the City’s Street
Naming Policy, as outlined in 153.09 (11) (a).
ii. Locations and widths of proposed streets, alleys and pedestrian-ways.
iii. Location, dimensions and purpose of all easements.
iv. Annotation of street geometrics for all horizontal curves, tangent lengths
and corner radii.
v. Centerline profile and gradients for all streets, with vertical geometrics
annotated on the plan profiles.
vi. Typical cross section of proposed street improvements.
vii. Minimum front and side street building setback lines.
viii. When lots are located on a curve, the width of the lot at the building
setback line.
ix. For any non-single family residential development, location and number
of off-street parking spaces (guest, handicapped, bicycle, motorcycle, etc.)
including typical dimensions of each.
x. Other information as required and outlined in the City Plan Sheet Format
Requirements.
(14) Final tree preservation and landscape plans.
(15) Other written materials. The application form shall be accompanied by, or
address, the following written materials:
i. Lot size for all lots and outlots in tabular form.
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ii. Area calculations of lots, right-of-way, streets, public highways, alleys,
parks and public trails, wetland and wetland buffers and other features
with accurate dimensions;
iii. Cost estimates for grading and all public improvements.
iv. A copy of any proposed homeowners association documents, private
covenants or deed restrictions.
v. Commitment for Title Insurance.
vi. If a common interest community (CIC) is created, the developer shall
provide proof that a replacement reserve amount was created in
accordance with Minnesota Statute 515(b)(3)-1141.
(B) (2) Review of Final Plat. Approval of the City Council.
(1) The application shall be in substantial compliance with the approved preliminary plat,
including any modifications required as a condition of preliminary plat approval.
Pursuant to Minnesota Statutes, Chapter 462.358, an application for a final plat shall be
approved or denied within 60 days of the date from the date of its official and complete
submission unless extended pursuant to Statute or a time waiver is granted by the
subdivider.
(2) ) Review by staff and other commissions or jurisdictions. The City shall refer copies of
the preliminary plat to the City Engineer, Planner, Attorney, the Park Commission, and
the appropriate county, state, or other public agencies, including but not limited the
Minnesota Department of Transportation and/or Washington County if the application
abuts a county road or highway or county state-aid highway, and/or the Department of
Natural Resources (DNR) if the application is within a Shoreland Overlay District
and/or Floodplain Management District, for their review and comment. The Zoning
Administrator shall instruct the appropriate staff persons to prepare technical reports
where appropriate, and to provide general assistance in preparing a recommendation on
the action to the Planning Commission and Council.
(3) (a) Twenty copies of the final plat shall be submitted to the Administrator at least 10
days prior to the Planning Commission meeting at which consideration is
requested. Planning Commission action. After review of the final plat by the staff, the
Planning Commission shall review the final plat for substantial compliance with the
approved preliminary plat and make recommendation to Council.
(4) City Council Action. Tthe final plat shall be approved or disapproved within 60 days
after the filing of the final plat by resolution and conditioned upon the execution of the
development agreement for basic improvements, public dedication, bonding, and other
requirements determined necessary or appropriate by the 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 applicant.
(5) (b) The resolution approving the plat shall authorize the Mayor and Administrator to
execute an endorsement of approval for the City. The Mayor and Administrator shall
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not execute the endorsement until any development agreement or bonds required by the
resolution of the approval have been approved in writing by the City Attorney.
(Am. Ord. 9705, passed 5-6-1997)
(3) Special assessments. When any existing special assessments which have been levied
against the property described are to be divided and allocated to the respective lots in the
proposed plat, the Engineer shall estimate the cost of preparing a revised assessment roll, filing
the assessment roll with the County Auditor, and making the division and allocation. Upon
approval by the Council of the cost, the cost shall be paid to the CityAdministrator.
(4) Recording final plat. If the final plat is approved by the Council, the subdivider shall
record it with the County Recorder within 120 days after the approval. If not filed within 120
days, approval of the final plat shall be considered void, unless a request for time extension is
submitted in writing and approved by the Council. The subdivider shall, immediately upon
recording, furnish Administrator with 2 paper prints and 1 reproducible film positive of the plat
showing evidence of the recording. No building permits shall be issued for construction of any
structure on any lot in the plat until the City has received evidence of the plat being recorded by
the County.
(5) Lot acreage. The subdivider shall provide the City with a list of all lots, by block,
indicating the lot acreage, to the nearing 1/100. The list shall be certified by the surveyor signing
the plat.
(1997 Code, § 400.09) Penalty, see § 10.99
§ 153.09 EXCEPTIONS TO PLATTING.
(6) Minor subdivision. A minor subdivision is a division of land which results in no more
than 4 parcels wherein each resultant parcel complies with the City's minimum lot
dimension and size requirements and are more than 2.5 acres in size, and public road
frontage requirements, and all other applicable requirements for the zoning district in
which the land is located, and no new roads or other public infrastructure is needed.
(7) (B) Lot line adjustment. A lot line adjustment is a division of land which results in
no more than 4 parcels wherein each resultant parcel does not comply with the City's
minimum lot dimension and/or public road frontage requirements for the zoning
district in which the land is located. The City Council hereby waives compliance with
the City's platting regulations for lot line adjustments which satisfy 1 of the following
conditions: Lot line adjustments exempted from platting by Minnesota Statute
462.352, Subd. 12 and shall not require a plat or replat and may be administratively
approved, provided all of the following are met:
(1) Each resultant parcel, when combined with an abutting parcel through a Tax Parcel
Consolidation Procedure approved by Washington County, equals or exceeds the minimum lot
dimension requirements and public road frontage requirements for the zoning district in which
the property is located or is made more conforming through the lot line adjustment;
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(2In those cases where the City Administrator determines that it is not reasonably possible
for each resultant parcel to comply with the provisions of division (B)(1) above, each resultant
parcel, when combined with an abutting parcel through a Tax Parcel Consolidation Procedure
approved by Washington County, is less non-conforming after the lot consolidation than it was
before the lot consolidation; or
(2) The lot line adjustment does not create additional lots.
(3) The lot line adjustment shall not cause any structure on the property to be made non-
conforming or in violation of the Zoning Chapter or any other provisions of the City Code.
(4) All resultant parcels shall have frontage and access on an existing improved
street (3) In those cases where, in regard to property which is zoned agricultural or rural
residential, the City Administrator determines that each resultant parcel will equal or exceed
minimum lot dimensions for the zoning district in which the property is located, but that 1 of the
resultant parcels cannot satisfy the minimum public road frontage requirements for the zoning
district in which the property is located, or access to the noncomplying parcel to an existing
improved street is protected by a restrictive covenant approved by the City Attorney which
includes the City as a beneficiary.
(5) The resulting parcels shall generally conform to the shape, character, and area of
existing or anticipated land subdivisions in the surrounding areas.
(6) Any such lot line adjustment shall not require any public improvements.
(C) Subdivision of Property for Public Purpose. The subdivision of property resulting from
acquisition by governmental agencies for public improvements or uses.
(D) Application for minor subdivision or lot line adjustment. An application for a minor
subdivision or a, lot line adjustment shall be submitted on forms provided by the City Zoning
Administrator. The applicant will be responsible for all expenses incurred in obtaining the
required information, which includes the following:
(1) Name, address, and telephone number of the property owner/applicant and evidence of
title;
(2) A legal description of the parcel which is being subdivided and legal descriptions for
each of the resulting parcels; and, in regard to lot line adjustments, legal descriptions for the
adjusted or consolidated parcels;
(3) A written description stating the reason for the request; and
(4) A land survey prepared by and signed by a registered land surveyor describing the minor
subdivision, and/or lot line adjustment and showing all buildings, driveways, easements,
setbacks, and other pertinent information including the legal descriptions herein required.
(5) Other information. Other information shall be provided as may be reasonably
requested by the City staff, Planning Commission, or Council.
(E) Review of minor subdivision.
(1) A completed application shall be submitted to the Planning Commission for its review
and recommendation to the City Council.
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(H) The City Council may attach reasonable conditions to its approval and shall require the
conveyance of necessary street, utility, and drainage easements on forms approved by the City
Attorney.; and shall require the payment of a public use dedication fee.
(F) Review of lot line adjustment. A completed application shall be reviewed administratively
by the City Zoning Administrator who shall make a written finding in regard to the provisions of
division (B) above. The City Zoning Administrator's approval shall be conditioned upon
recording of documents which effectuate the lot line adjustment or tax parcel
consolidation. Prior to the issuance of any development permits, and no later than 60 days after
administrative review and approval, the applicant shall provide the City Zoning Administrator
with recorded documents or recorded document numbers for the deeds of conveyance which
effectuate the lot line adjustment; and/or with the verifications listed below. Failure to provide
the required verifications shall invalidate the City Zoning Administrator's approval.:
(1) Recorded documents or recorded document numbers for the deeds of conveyance which
effectuate the lot line adjustment; and/or
(2) Proof that the Washington County Assessor has approved a Tax Parcel Consolidation and
has assigned a new tax parcel number for the consolidated parcel or parcels.
(G) Review of Subdivision of Property for Public Purpose. A completed application,
accompanied by a fully executed deed that designates a governmental agency as a grantee, shall
be reviewed administratively by the City Zoning Administrator who shall make a written finding
in regard to the provisions of paragraph (C) above and if the conveyance falls within the
definition of paragraph (C), the City Zoning Administrator shall approve the subdivision. The
City Zoning Administrator’s approval shall be conditioned upon receipt of a copy of the recorded
deed. Failure to provide a copy of the recorded deed shall invalidate the City Zoning
Administrator’s approval.
(1997 Code, § 400.10) (Am. Ord. 97-98, passed 12-18-2001)
§ 153.101 VARIANCES; STANDARDS; PLATTING.
(A) Purpose. A variance may be granted from the minimum standards required by this
chapter as they apply to specific property where unusual hardship on the land exists, but
variances may be granted only upon the specific ground set forth in this section. In granting any
variance, the Planning Commission may recommend, and the Council shall prescribe, the
conditions as it deems necessary and desirable to protect the public interests. In no case shall
any of the procedural requirements of this chapter be waived nor shall a variance be deemed to
permit any waiver or avoidance of the procedural requirements.
(B) Planning Commission review. No variance shall be granted until the matter has been
considered by the Planning Commission. In making its recommendations, the Planning
Commission shall take into account the nature of the proposed use of land and the existing use of
27
land in the vicinity, 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.
(C) Findings. A variance shall be granted only where the Council finds:
(1) That there are special circumstances or conditions affecting the applicant's land that the
strict application of the minimum standards of this chapter would deprive the applicant of the
reasonable use of that land;
(2) That the granting of the variance will not be detrimental to the public welfare or
injurious to other property; and
(3) That the variance required by reason of unusual hardship relating to the physical
characteristics of the land.
(1997 Code, § 400.11)
§ 153.112 VARIANCE PROCEDURES.
(A) Application. Requests for a variance or appeal shall be filed with the Zoning
Administrator on an official application form. The application shall be accompanied by a fee as
established from time to time by resolution of the Council. The application shall also be
accompanied by 20 copies of detailed written and graphic materials necessary for the explanation
of the request. The applicant shall submit a minimum of 4 large scale copies and 10 reduced
scale (11” X 17”) copies of all graphics.
(B) Hearing. The Planning Commission shall hold a public hearing on the variance request in
accordance with the standards set forth in the zoning code.
(C) Appearance of applicant before Planning Commission. The applicant or a representative
of applicant shall appear before the Planning Commission in order to answer questions
concerning the proposed variance request.
(D) Findings. The Planning Commission shall make its findings and recommend the actions
or conditions relating to the request as they deem necessary to carry out the intent.
(E) Approval/denial. Upon receiving the report and recommendation of the Planning
Commission, the Council shall decide whether to approve or deny the request for a
variance. The Council shall not grant a variance until it has received the report and
recommendation from the Planning Commission or until 30 days after the application was
accepted by the City. The Council shall decide whether to approve or deny the request for a
variance or an appeal no later than 60 days after the filing of the application.
(F) Written findings and order. The Council shall make written finding of fact and order in
granting or denying any application for a variance or appeal. In granting any variance or making
any order related to a variance or appeal, the Council shall impose any condition it considers
necessary to protect the public health, safety, or welfare.
(G) Notification of decision. The Administrator shall notify the applicant of the Council's
decision in writing.
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(1997 Code, § 400.12)
§ 153.123 PLANNED UNIT DEVELOPMENTS (P.U.D.).
(A) Upon receiving a report from the Planning Commission, the Council may grant exceptions
from the provisions of these regulations in the case of a Planned Unit Development, provided
that the Council finds that the proposed development is fully consistent with the purpose and
intent of these regulations and in compliance with the Planned Unit Development objectives of
as identified in Article XVII of the zoning code.
(B) This provision is intended to provide the necessary flexibility for new land planning and
land development trends and techniques.
(1997 Code, § 400.13) (Am. Ord. 08-072, passed 3-5-2013)
§ 153.134 ENGINEERING DESIGN STANDARDS; REQUIRED IMPROVEMENTS.
Submittals must meet plan sheet format requirements set forth by the City of Lake Elmo
Engineering Design Standards.
(A) Blocks.
(1) In general, intersecting streets, determining block lengths, shall be provided at the
intervals as to serve cross traffic adequately and to meet existing streets. Where no existing plats
control the blocks in residential subdivisions, blocks shall not be less than 600 feet nor more than
1,800 feet in length, except where topography or other conditions justify a departure from this
maximum. In blocks longer than 900 feet, pedestrian ways and/or easements through the block
may be required near the center of the block. Blocks for business or industrial use may vary
from the elements of design contained in this section if the nature of the use requires other
treatment.
(2) The width of the block shall normally be sufficient to allow 2 tiers of lots of appropriate
depth. Blocks intended for business or industrial use shall be of the width as to be considered
most suitable for their respective use, including adequate space for off-street parking and
deliveries.
(3) Blocks for commercial and industrial areas may vary from the elements of design
contained in this section if the nature of the use requires other treatment. In those cases, off-
street parking for employees and customers shall be provided along with safe and convenient
limited access to the street system. Space for off-street loading shall also be provided with
similar access. Extension of roads, railroad access right-of-way, and utilities shall be provided as
necessary.
(B) Lots.
(1) Area. The minimum lot area, width, and depth shall not be less than that established by
the zoning code in effect at the time of adoption of the final plat.
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(2) Corner lots. Corner lots for residential use shall have additional width to permit
appropriate building setback from both streets as required in the zoning code.
(3) Side lot lines. Side lines of lots shall be approximately at right angles to street lines or
radial to curved street lines.
(4) Frontage. Every lot must have a minimum frontage on a public street accepted for
maintenance purposes by the City (or to be accepted upon completion of construction by the
applicant), other than an alley, as required in the zoning code. No subdivision shall be permitted
which will result in a lot with less than the minimum frontage on a public street as required by
the zoning code except where a variance is granted as provided by this chapter. In no case shall
a variance to this frontage requirement be granted which would permit access to a lot by means
of an easement or private road except as provided in § 153.101.
(5) Setback lines. Setback or building lines shall be shown on all lots intended for
residential use and shall not be less than the setback required by the zoning code.
(6) Water courses. Lots abutting a water course, drainage way, channel, or stream shall
have additional depth and width, as required under the provisions of the zoning code for the
shoreland and wetland system districts.
(7) Features. In the subdividing of any land, due regard shall be shown for all natural
features, such as tree growth, water courses, historic spots, or similar conditions which, if
preserved, will add attractiveness and stability to the proposed development.
(8) Lot remnants. All remnants of lots below minimum size left over after subdividing of a
larger tract must be added to adjacent lots or planned as outlots, rather than allowed to remain as
unusable parcels.
(9) Frontage on 2 streets. Double frontage, or lots with frontage on 2 parallel streets, shall
not be permitted except where lots back on arterial streets or highways, or where topographic or
other conditions render subdividing otherwise unreasonable. Double frontage lots shall have an
additional depth of at least 20 feet in order to allow space for screen planting along the back lot
line.
(10) Turn-around access. Where proposed residential lots abut a collector or arterial street,
they should be platted in a manner as to encourage turn-around access and egress on each lot.
(11) Minimum lot line. No lot shall have a total width at the front or rear lot line of less than
30 feet.
(12) Large lot planning. In any area where lots are platted in excess of 24,000 square feet
or 160 feet in width at the minimum building setback line, a preliminary resubdivision plan may
be required showing a potential and feasible way in which the lot or lots may be resubdivided in
future years for more intensive use of the land, the placement of buildings or structures upon the
lots shall allow for potential resubdivision.
(13) Shoreland.
(a) Land suitability. No land shall be subdivided which is held unsuitable by the City for
the purposed use because of flooding, inadequate drainage, soil and rock formations with severe
30
limitation for development, severe erosion potential, inadequate water supply or sewage disposal
capabilities.
(b) Inconsistent plats reviewed Review by Commissioner of Natural Resources. All plats
which are inconsistent within a shoreland district the Municipal Shoreland Ordinance shall be
reviewed by the Commissioner before approval by the City may be granted. Review shall
require that the proposed plats be received by the Commissioner at least 10 days before a hearing
is called by the City for consideration of approval of a final preliminary plat.
(c) Copies of plats supplied to Commissioner. Copies of all plats within shoreland areas
shall be submitted to the Commissioner within 10 days of final approval by the City.
(C) Easements.
(1) Width and location. An easement for utilities at least 10 feet wide, shall be provided
along all lot lines. 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. See §
150.277(A)(2)(e) of this code for other applicable easement regulations.
(2) Continuous utility easement locations. Utility easements shall connect with easements
established in adjoining properties. These easements, when approved, shall not subsequently be
changed without the approval of the Council after a public hearing.
(3) Provisions for drainage. Easements shall be provided along each side of the center line
of any water course or drainage channel whether or not shown in the Comprehensive Plan, to a
width sufficient in the judgment of the Council to provide proper maintenance and protection and
to provide for storm water runoff and installation and maintenance of storm sewers. They shall
be dedicated to the City by appropriate language in the owner’s certificate. See §
150.277(A)(2)(e) of this code for other applicable easement regulations.
(D) Erosion and sediment control. Erosion and sediment control plans shall be provided in
accordance with § 150.277(B) of this code.
(E) Drainage. A complete and adequate drainage system design, in accordance with the
Watershed District, § 150.277(A) of this code, and Local Storm Water Management Plan,
approved by the City Engineer, shall be required for the subdivision.
(F) Monuments for plats.
(1) Official monuments, as designated or adopted by the County Surveyor's Office or
approved by the County District Court for use as judicial monuments, shall be set at each corner
or angle on the outside boundary of the final plat or in accordance with a plan as approved by the
City Engineer. The boundary line of the property to be included with the plat must be fully
dimensioned, all angles of the boundary excepting the closing angle to be indicated, all
monuments and surveyor's irons to be indicated, each angle point of the boundary perimeter to
be so monumented.
(2) Twenty-four inch long pipes or steel rods shall be placed at each lot and at each
intersection of street center lines. All United States, state, county, or other official bench marks,
monuments, or triangular stations in or adjacent to the property shall be preserved in precise
position and shall be recorded on the plat.
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(3) A second monumentation shall be required following the final grading and completion
of streets, curbs and utility improvements for a plat in order to ensure that all irons and
monuments are correctly in place.
(4) (a) Proof of the final monumentation shall be in the form of a surveyor's affidavit that
the monumentations complete. The surveyor's affidavit shall be submitted to the county; and
(b) Surveyor's office and to the City within 1 year from the date of recording the plat or
prior to the issuance of building permits, whichever event occurs first.
(G) Sanitary sewer and water distribution and public utilities.
(1) Sanitary sewers and water facilities shall be installed in accordance with the standards
and specifications as provided for in the City's Comprehensive Sewer Plan and Water Supply
and Distribution Report, and other City plans, and shall be subject to the review and approval of
the City Engineer.
(2) Where City water facilities are not available for extension into the proposed subdivision.
the Council may, by ordinance, grant a franchise for the water facilities, to serve all properties
within a subdivision where a complete and adequate neighborhood water distribution system is
designed in conjunction with the subdivision, and complete plans for the system are submitted
for the approval of the Council.
(3) Where City sewer and water facilities are not available for extension into proposed
subdivision, the Council may permit the use of individual water and sewer systems in accordance
with all appropriate state and local regulations.
(4) Telephone, electric, and/or gas service lines are to be placed underground in accordance
with the provisions of all applicable City ordinances and standards. Exceptions to this
requirement may be granted by action of the Council.
(H) Streets, alleys, and curbs. The design of streets, alleys, and curbs shall conform to the
City of Lake Elmo Engineering Design Standards.
(1) Streets, continuous. Except for cul-de-sacs, streets shall connect with streets already
dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining
unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided
tracts. The arrangement of thoroughfares and collector streets shall be considered in their
relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm
water, to public convenience and safety, and in their appropriate relation to the proposed uses of
the area to be served.
(2) Local streets and dead-end streets. Local streets should be so planned as to discourage
their use by non-local traffic. Dead-end streets are prohibited, but cul-de-sacs shall be permitted
where topography or other physical conditions justify their use. Temporary and permanent cCul-
de-sacs shall be designed in conformance with the City of Lake Elmo Engineering Design
Standards. include a terminal turn-around which shall be provided at the closed end, with a
right-of-way radius of not less than 60 feet.
(a) Temporary cul-de-sacs shall comply with the following standards.
32
1. The plat shall be reviewed after 3 years, by the City Planner, in order to determine if
the cul-de-sac shall remain temporary. The City Planner shall review the status of the temporary
cul-de-sac every 3 years.
2. The street shall not exceed 1,000 feet in length in subdivisions in which lots are less
than 2.5 acres in size.
3. The street shall not exceed 2,640 feet in length in subdivisions in which lots are 2.5
acres or greater.
4. The cul-de-sac shall be designated as "temporary" on the final plat, with an easement
shown on the final plat identifying where the road will extend.
5. The cul-de-sac shall not have landscaped or natural islands within it.
6. The street shall not serve more than 20 home sites.
(b) Permanent cul-de-sacs shall comply with the following standards.
1. The street shall not exceed 600 feet in length in subdivisions in which lots are less
than 2.5 acres in size.
2. The street shall not exceed 1,320 feet in length in subdivisions in which lots are 2.5
acres or greater in size.
3. The cul-de-sac may have landscaped islands or natural open space
areas. Maintenance responsibilities of these areas shall be defined and recorded in the covenants,
on the deeds, and in developers agreements.
(c) Temporary, platted cul-de-sacs which abut land proposed for development shall be
removed by the developer.
(3) Street plans for future subdivisions. Where the plat to be submitted includes only part of
the tract owned or intended for development by the subdivider, a tentative plan for a proposed
future street system for the unsubdivided portion shall be prepared and submitted by the
subdivider.
(4) Provisions for resubdivision of large lots and parcels. When a tract is subdivided into
larger than normal building lots or parcels, the lots or parcel shall be arranged to permit the
logical location and openings of future streets and appropriate resubdivision, with provision for
adequate utility connections for the resubdivision.
(5) Street intersections. Under normal conditions, streets shall be laid out so as to intersect
as nearly as possible at right angles, except where topography or other conditions justify
variations. Under normal conditions, the minimum angle of intersection of streets shall be 60
degrees, with 90 degree intersections preferred. Street intersection jogs with an offset of less
than 125 feet 150 shall be avoided.
(6) (5) Subdivisions abutting collector or minor arterial streets. Wherever a proposed
subdivision abuts or contains an existing or planned collector or minor arterial street as
designated on the City's thoroughfare plan, the lots shall access onto local streets wherever
possible. Local streets may be existing or provided with the subdivision.
(7) (6) Alleys. Except in the case of a planned unit development, either a public or private
alley may be required in a block where commercially zoned property abuts a major thoroughfare
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or a major street. Alleys in residential areas other than those zoned for multiple family use shall
not be permitted.
(8) (7) Half streets. Dedication of half streets shall 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.
(9) Street grades. Except upon the recommendation of the engineer that the topography
warrants a greater maximum, street grades shall not exceed the following.
Minor Arterials 5%
Collector Streets 6%
Local, Marginal Access, and Cul-de-Sac Streets 8%
Minimum Grade of Not Less Than 0.5%
(10) Curb radius. The minimum curb radii for arterials, collector streets, local streets, and
alleys shall be as follows.
Arterial Streets 25 feet
Collector Streets 20 feet
Local Streets 15 feet
Alleys 6 feet
(11) Reverse curves. Tangents of at least 50 feet in length shall be introduced between
reverse curves on collector streets.
(12) Reserve strips. Reserve strips controlling access to streets shall be prohibited except
under conditions accepted by the Council.
(13) Minimum right-of-way widths.
Street Width
Principal Arterial 150 feet to 300 feet
Intermediate Arterial 100 feet to 300 feet
Minor Arterial 80 feet to 120 feet
Collector Street 80 feet
Commercial or Industrial Service Street 80 feet
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Local Street 60 feet
Marginal Access Street 50 feet
Cul-de-Sac 60 feet; turn-around radius of 60 feet
(14) (8) Adding width to existing streets. Where a subdivision abuts or contains an existing
street of inadequate width, sufficient additional width shall be provided to meet the above
standards standards set forth in the City of Lake Elmo Engineering Design Standards and/or
other applicable standards.
(15) (9) Additional right-of-way and roadway widths. Additional right-of-way and roadway
widths may be required to promote public safety and convenience when special conditions
require it or to provide parking space in areas of intensive use.
(16) (10) Street improvements for plats.
(a) The City Engineer shall determine when the full width of the right-of-way shall be
graded, including the subgrade in accordance with the provisions for construction as outlined in
the City of Lake Elmo Engineering Design Standards design standards.
(b) All streets shall be improved in accordance with the standards and specifications for
street construction established by the Council.
(17) (11) Curb and gutter. Curb and gutter shall be provided when required in accordance
with the City of Lake Elmo Engineering Design Standards.
(12) Proposed streets shall conform to the state, county, or local road plans or preliminary
plans as have been prepared, adopted and/or filed.
(I) General improvements. The following shall be installed in accordance with the City of
Lake Elmo Engineering Design Standards Manual and all other applicable City standards:
(1) Trees and boulevard sodding shall be planted in accordance with City standards.
(2) Streets signs shall be installed at each intersection in accordance with City standards.
(3) Driveway approaches, sidewalks, or pedestrian pathways shall be installed in
accordance with City standards.
(4) Street lighting fixtures shall be installed in accordance with City standards.
(5) Sidewalks are required on one side of all streets. The Council may require sidewalks
along both sides of all streets in areas where the residential density equals or exceeds 3 dwelling
units per niet acre of land or in any commercial, industrial, or other business areas if the Council
determines that sidewalks are required for public safety.
(1997 Code, § 400.14) (Am. Ord. 08-024, passed 4-20-2010) Penalty, see § 10.99
§ 153.145 PARK LAND DEDICATION REQUIREMENTS.
(A) Dedication of land for park and open space use. In all new residential subdivisions, a
percentage of the gross area of all property subdivided shall be dedicated for parks, playgrounds,
trails, public open space, or other public recreational use. For non-residential developments, the
City requires a payment in lieu of land dedication as established by resolution of the City
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Council. Such percentage or fee shall be in addition to the property dedicated for streets, alleys,
waterways, pedestrian ways or other public use pursuant to this chapter. The following schedule
describes the required dedication by zoning district. This schedule is based upon density of the
development allowed in each district and is intended to equalize the amount and value of land
dedicated for parks per dwelling unit in the various districts.
Zoning Districts Minimum Required Land Dedication
R1, R2, R3, andR4 10%
RS, V-LDR, GCC, LDR, MDR, HDR 10%
RE and OP Development 7%
RR and AG 4%
C, CC, LC, GP, BP, VMX Fees as set by Council resolution
Zoning Districts Minimum Required Land
Dedication
GB, LB, HB, BP, CB, Fee as set by Council resolution
C, CC, LC, GB, BP, VMX Fee as set by Council resolution
RR and AG with OP Conditional Use Permit OP
Development 7%
RR and AG with OP-A Conditional Use Permit 10%
(B) Land title. Public land dedications, which are not dedicated to the City on a plat, shall be
conveyed to the City by warranty deed free and clear of all liens or encumbrances. The
subdivider shall provide proof of title, in a form acceptable to the City, prior to the conveyance
of the property.
(C) Land acceptability. The City must approve the location and configuration of any park
land which is proposed for dedication and shall take into consideration the suitability of the land
and for its intended purpose; the future needs of the City for parks, playgrounds, trails, or open
space; and the recommendations of the City’s Parks Commission. The following properties shall
not be accepted for park land dedications:
(1) Land dedicated or obtained as easements for streets, sewer, electrical, gas, storm water
drainage and retention areas, or other similar utilities and improvements;
(2) Land which is unusable or of limited use; and/or
(3) Land within a protected wetland or within a flood plain area unless the Council
determines that all of the following criteria are satisfied:
(a) Would be in the best interests of the general public;
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(b) Would be valuable resource for environmental preservation, educational, or habitat
preservation purposes;
(c) Has an exceptional aesthetic value; and
(d) Would not become financially burdensome to the City as a result of maintenance or
preservation requirements.
(D) Trails. Trails constructed by a subdivider within dedicated public open space having at
least 30 feet of width are eligible for park credit. The maximum amount of trail dedication credit
shall not exceed 25% of the total dedication.
(E) Cash contribution in lieu of land dedication - residential subdivisions larger than three lots.
In lieu of the land dedication for residential subdivisions larger than three lots major
subdivisions, the City may elect to require the subdivider to contribute a cash equivalent
payment to the City’s Park and Open Space Fund, or may require the developer to satisfy the
park land dedication requirement by a combination of land and cash contribution. For all
residential subdivisions of three or more parcels major subdivisions, the required cash equivalent
payment shall be an amount equal to the fair market value of the percentage land dedication for
the zoning district in which the subdivided property is located. The City shall determine the fair
market value of the land by reference to current market data, if available, or by obtaining an
appraisal from a licensed real estate appraiser; the subdivider shall pay for the cost of the
appraisal. The fair market value determination of the appraiser shall be conclusive.
(F) Cash contribution in lieu of land dedication - minor residential subdivisions and
commercial development. Required cash equivalent payments for residential subdivisions
resulting in 3 or fewer parcels minor subdivisions or for commercial development projects shall
be as determined from time to time by Council resolution.
(G) Payment of cash contribution. Cash contribution payments shall be made to the City prior
to final plat approval for commercial developments or residential subdivision of more than 3
parcels major subdivisions, or prior to the City’s approval of the deeds of conveyance in those
cases where a residential subdivision will result in 3 or fewer lots.
(H) Previously subdivided property from which a park dedication or cash in lieu contribution
has been received, upon resubdivision with the same number of lots, is exempt from park
dedication requirements. If, as a result of the resubdivision of the property, the number of lots is
increased, the park dedication or cash in lieu contribution shall be applied only to the net
increase in the number of lots.
(F) (1) Any cash contribution so paid to the City shall be placed in a special fund. The money
shall be used only for:
(a) The acquisition and development or improvement of parks, recreational facilities,
playgrounds, trails, wetlands or open space based on the approved park systems plan;
(b) Redevelopment or rehabilitation of existing park facilities or sites; or
(c) Debt service in connection with land previously acquired or improvements thereto
previously constructed.
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(2) No funds shall be used for ongoing operation or maintenance of existing parks, or
recreational facilities or sites or City vehicles.
(I) Lands designated for public use on Comprehensive Plan or official maps. Where all or a
portion of the area included in a proposed subdivision has been designated as a park, playground,
recreational area, proposed school site, or other public ground in the City’s Comprehensive Plan
or in an official map adopted pursuant to the Comprehensive Plan, the subdivider shall notify the
appropriate governmental unit of the proposed subdivision of the property. The notice shall be
given prior to submittal of the development application to the City. Prior to the City’s review of
the preliminary plat, the subdivider shall advise the City in writing of the status of the
negotiations regarding the designated area.
(1997 Code, § 400.15) (Am. Ord. 08-072, passed 3-5-2013) Penalty, see § 10.99
§ 153.156 REQUIRED IMPROVEMENTS; FINANCIAL ARRANGEMENTS.
(A) Improvements. All sanitary sewer, water main and storm sewer facilities, streets, concrete
curb, gutters, sidewalks, sodding, drainage swales, and other public utilities ("improvements")
shall be made and constructed on or within the subdivided lands or where otherwise required and
dedicated to the City and shall be designed in compliance with City standards by a registered
professional engineer.
(B) Plans and specifications approval. Plans and specifications shall be submitted to the City
Engineer for approval prior to construction. All of the improvements shall be completed by the
developer and acceptable to the City Engineer and shall be free and clear of any lien, claim,
charge, or encumbrance, including any for work, labor, or services rendered in connection
therewith or material or equipment supplied therefor.
(C) Improvement warrantees and guarantees. Developer shall warrant and guarantee the
improvements against any defect in materials or workmanship for a period of 2 years following
completion and acceptance. In the event of the discovery of any defect in materials or
workmanship within the 2-year period, the defect shall be promptly repaired or corrected, and the
warranty and guarantee for the entire project shall be extended for 1 additional year beyond the
original 2-year period, for a period of 3 years following the completion and acceptance. Defects
in material or workmanship shall be determined by the City Engineer.
(D) Required inspections of improvements. Improvements that are to be installed shall be
inspected during the course of construction by the City Engineer, at the developer's
expense. Notice shall be given to the City Engineer a minimum of 24 hours prior to the required
inspection. Failure to provide City Engineer with required notice shall result in a stop-order
issued to the project. If developer proceeds with work within the development without required
inspection, City Engineer shall have the discretion to accept or reject all or part of the
improvement, by giving appropriate written notice to the developer.
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(E) Acceptance of improvements. Acceptance of improvements by the City Engineer may be
subject to the reasonable conditions as Engineer may impose at the time of
acceptance. Developer, through his or her engineer, shall provide for competent daily inspection
during the construction of all improvements. As-built drawing, Whitehall include service and
valve ties, on reproducible mylar shall be delivered to the Engineer within 60 days of completion
of the improvements together with a written certification from a registered engineer that all
improvements have been completed, inspected, and tested in accordance with City-approved
plans and specifications.
(F) Changes to construction plans and specifications. All changes to the construction plans
and specifications must be approved by the City Engineer.
(G) Clean-up obligations; street signs.
(1) Developer shall remove all soil and debris from and clean all streets within the lands
developed in accordance with § 150.277(B)(2)(d) of this code.
(2) In the event there are or will be constructed on the property, 2 or more streets, and if
permanent street signs have not been installed, developer shall install temporary street signs in
accordance with recommendations of the Maintenance Department, prior to the issuance of any
permit to build upon the property.
(H) Erosion control. Erosion control shall be provided with the installation of utilities and
street curbs in accordance with the City of Lake Elmo Engineering Design Standards.
(I) Developers agreement/security. Subsequent to approval by the Council and before
execution by the City of the final plat or other appropriate forms of City approval, developer
shall:
(1) Enter into a developer's agreement whereby developer shall undertake performance of
the obligations imposed by this chapter, or by Council condition, and containing the other terms
and provisions and in the form as shall be acceptable to the City Attorney, including, but not
limited to, provisions for default including fines and penalties; and
(2) Submit a bond, letter of credit, or cash deposit ("security") which guarantees completion
of all improvements within the times specified by the City Engineer. A bond to guarantee
completion of all improvements may be accepted in lieu of a letter of credit or cash deposit with
Council approval. The amount of the security shall be 125% of the estimated construction cost
of the improvements, subject to reduction thereof to an amount equal to 25% of the cost of the
improvements as outlined by the development agreement after acceptance thereof by the City
Engineer, and receipt of as-built drawings. The security shall be in the form and contain the
other provisions and terms as may be required by the City Engineer and/or City Attorney. The
developer's registered engineer shall make and submit for approval to the City Engineer, a
written estimate of the costs of the improvements. Reduction of security shall be as outlined per
the development agreement.
(J) Petitions for improvements by City. With the approval of the Council, and instead of the
obligations imposed by divisions (A) through (I) above, developer may enter into an agreement
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signed by 100% of all owners of the land to be developed, requesting the City to install some or
all of the improvements, request all of the costs be assessed against the property, and waiving the
rights to appeal from the levied special assessments. Upon approval by the Council, the City
may cause the improvements to be made and special assessments for all costs of the
improvements to be levied on the land, except any land that is or shall be dedicated to the
public. The special assessment shall be payable over a term of 5 years unless otherwise
authorized by the Council. Prior to the award of any contract by the City for the construction of
any improvement, developer shall have entered into a contract for rough grading of streets
included in the improvement to a finished subgrade elevation, and including the other terms as
required by Council. Developer's obligation with respect to the rough grading work shall be
secured by a bond, letter of credit, or the deposit which shall guarantee completion, and payment
for all labor and materials expended in connection with the rough grading. The amount of the
security shall be 125% of the cost of the rough grading and shall be in the form and contain the
further terms as may be required by the City Engineer and/or City Attorney.
(K) City Attorney approval. No final plat shall be approved by the Council without first
receiving a report signed by the City Attorney certifying that the agreements and documents
required under this chapter meet the requirements of the City. The City Treasurer shall also
certify that all fees required to be paid to the City in connection with the plat have been paid.
(L) Warranty bond. The City shall require a developer to submit a warranty bond or
equivalent in the amount equal to the original cost of the improvements, which shall be in force a
minimum of 2 years following final acceptance of any required improvements and shall
guarantee satisfactory performance of the improvements, unless waived by the Council.
(1997 Code, § 400.16) (Am. Ord. 08-024, passed 4-20-2010) Penalty, see § 10.99
§ 153.167 FEES.
(A) The Council shall by ordinance, adopted from time to time, establish fees to be paid by
the applicant to defray the administrative costs and expenses incurred by the City in processing
development applications, applications for variance or appeals under the provisions of this
chapter.
(B) Fees to be paid by the applicant shall include all administrative, engineering, legal, and
consulting fees and materials costs reasonably incurred in the review of the proposed subdivision
and the processing of the applications or appeals.
(1997 Code, § 400.17)
§ 153.178 VIOLATIONS.
(A) Sale of lots from unrecorded plats. It shall be a violation of this chapter to sell, trade, offer
to sell, trade, or otherwise convey am lot or parcel of land as part of, or in conformity with any
plan, plat, or replat of any subdivision or area located within the City unless the plan, plat, or
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replat shall first have been approved by the City in writing as provided by this chapter and in the
case of a plat, replat, or registered land survey unless the survey is recorded in the office of the
County Recorder or Registrar of Titles.
(B) Misrepresentation as to construction, supervision, or inspection of improvements. It shall
be unlawful for any person to represent that any improvement upon any of the streets, alleys, or
avenue of the addition or subdivision or any sewer in the addition or subdivision has been
constructed according to the plans and specifications approved by the Council, or has been
supervised or inspected by the City, when the improvements have not been so constructed,
supervised, or inspected.
(1997 Code, § 400.18) Penalty, see § 10.99
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-205 was adopted on this ______ day of April
2018, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ____ day of ___________________, 2018.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2018-037
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08- BY TITLE
AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-205,
an ordinance amending the City Code of Ordinances by amending the City’s provisions related to the
City Council; and
WHEREAS, the Ordinances are lengthy; and
WHEREAS, Minnesota Statutes Section 412.191, subdivision 4, allows publication by title
and summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the Ordinance; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08-205 to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-205, which amends
Chapter 153: Subdivision Regulations of the Lake Elmo City Code of Ordinances by:
• Clarifying language regarding lot line adjustment and lot consolidation.
• Amending language regarding metes and bounds to align with State Statute.
• Clarifying that release of building permits is as set forth by the development agreement.
• Adding additional application submittal requirements for Sketch Plan Review, Preliminary
Major Subdivision Review, and Final Major Subdivisions Review.
• Additional requirements for Minor Subdivisions, including preparation of a preliminary
plat prepared by a registered land surveyor in accordance with M.S. Ch. 505, drainage,
grading and erosion control plans, existing and proposed low floor elevations, wetland
delineation report and map, soil testing, public hearing, and a time restriction for recording
of a minor subdivision.
• Removing certain design standards and instead referring to those outlined in the City
Engineering Design and Construction Standards Manual.
The full text of Ordinance No. 08-205 and Ordinance No. 08-205 is available for inspection at
Lake Elmo city hall during regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City
Administrator keep a copy of the Ordinance at City Hall for public inspection and that a copy be
placed for public inspection at the Lake Elmo Public Library.
Dated: April 3, 2018.
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.