1988.06.06 ORD 1988-249 - Laserfiche WebLink

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(5)is a single parcel of commercial or tains over eight(8)inches in size may (5) acres or more in area and has a physical improvements or satisfy re- pal Plan,is embraced in part or in whole industrial land of not less than five (5) be required and the additional cost may width over three hundred (300) feet at quirements of a Subdivision develop- by the boundary of a proposed Sub- acres and having a width of not less than be borne by the City. the Building set-back Line. ment. division and such public sites are not three hundred(300)feet and its convey- (2)Sanitary Sewer.Unless otherwise (5) Curb and gutter. There shall be Subd.D.Financial Guarantee. dedicated, such sites shall be reserved ance does not result in the division of the 'required, a sanitary sewer of eight 8 concrete Curb and gutter installed along (1)The Agreement provided for in Sec- and no action taken towards approval of parcel into two or more Lots parcels,or inch pipe shall be installed as the mini- both sides of all Streets and Alleys that tion 290-12, subd. C. shall require the a Plan or Plat for a period not to exceed any one of which is less than five (5) mum size placed at grades approved by are of an urban design in Subdivision Subdivider to make a cash deposit or ninety(90)days to allow the proper gov- acres in area or three hundred(300)feet the Engineer.Mains over eight 8 inches with Lots averaging one (2) Acres or furnish a performance bond,or irrevo- ernmental agency the opportunity to in width,or in size may be required and the addi- less. cable letter of credit, or combination consider and take actions towards ac- (6)is a single parcel of residential or tional cost may be borne by the City. (6)Sidewalks.These may be required thereof. The deposit, irrevocable letter quisition of such public ground or park agricultural land of not less than twenty Service wyes shall be four (4) inches. along both sides of all Streets in areas of credit,or performance bond shall con- by purchase or other methods. (20)acres and having a width of not less Root repellent joint material is re- where residential density equals or ex- form to the requirements of this Ordi- (3)In all new Subdivisions a minimum than five hundred(500)feet and its con- quired. ceeds three (3) dwelling units per net nance and be in a form acceptable to the park dedication of seven percent(7%)of veyance does not result in the division if (3) House Services. Each house ser- acre of residentially used land,and shall City. the gross area subdivided shall be dedi- the parcel into two or more Lots or par- vice shall be run from the main to the be required in commercial areas,in res- (2)Performance Security.Performance cated for public recreation space or cels,any one of which is less than twenty property line where a cap or plug shall idential areas along major Roadways security shall be deposited with the City other public use.Park land dedications (20)acres in area or five hundred(500) be placed until the service is extended to and near schools or other public in the form specified and in accordance shall be considered in relation to other feet in width. the structure.A one(1)inch Type K cop facilities. with an Agreement meeting the require- park land in the City and should nor- Subd.B.Waiver Resolution. per water service, corporation cock, (7) Water Mains. In the case where ments of Section 290-12, Subd. C. The malty only be considered when the size In any case in which compliance with curb box and stop,and four(4)inch ex- mains from a public water system are performance security shall safeguard of the Development would provide a the foregoing restrictions of Section 290- tra heavy cast iron soil pipe sewer ser- available within five hundred(500)feet, the City against loss as a result of any park of at least five(5)acres by itself or 15.Subd.A.will create an unnecessary vice shall be the minimum requirements the Subdivider shall be required to in- default by the Subdivider. In case of in combination with future planned De- hardship and failure to comply does not and may be placed in a common trench. stall water mains to serve the Sub- default of the Subdivider under said velopments. The park dedication shall interfere with the purpose of this regula- Use of P.V.C.pipe must be approved by division and connect the same to such Agreement,the City shall be entitled to be in addition to property dedicated for tion, the Governing Body may waive the City Engineer. public water system. reimburse itself from said performance Streets,Alleys,easements,or other pub- such compliance by adoption of a Reso- Subd.D.Sanitation. (8)Public sanitary sewer.In all cases security for total costs and expenses in- lic ways and may be land within the Sub- lution to that effect and the conveyance (1)Connection shall be made to public where trunk line sanitary sewer curred or to be incurred by the City for division or otherwise.No areas may be may then be filed or recorded. sanitary sewer system when available. facilities are available within five hun- completion or correction of the defaults dedicated for public use until such areas Subd.C.Lot Penalty. (2) Where Lots cannot be connected dred(500)feet,the Subdivider shall be of the Subdivides Total costs shall in- have been approved by the Governing Any owner or agent of the owner of with a public sewerage system, required to install sanitary sewers to dude costs of inspection,legal fees and Body as suitable and necessary for the land who conveys a Lot or a parcel in provisions must be made for on-site san- serve the Subdivision and connect the costs,and administration of the City in public health,safety, convenience,and violation of the provisions of this section itary sewerage facilities.In such cases same to such trunk line sewers.If such addition to all other costs of completion general welfare.Dedication of park land shall forfeit and pay to the City a penalty .percolation tests from a testing labora- facilities are not available but it is ex- or correction. Upon completion of the may be at a location separated from the of not less than one hundred dollars tory and in a form acceptable to the En- petted they will be within five(5)years, work and termination of any liability to Subdivision if the Governing Body so ($100.00) for each parcel so conveyed. gineer shall be provided for each Lot. the Governing Body may require that the City,the City shall release any claim agrees. When the Subdivision is too The City may enjoin such conveyance or The installation of individual disposal such sewers,together with all necessary to the balance remaining,if any,of the small for practical dedication of public may recover such penalty by a civil ac- devices shall be at the expense of the laterals extending from the main sewer performance security. land or if no land in the Subdivision is tion in any court of competent jurisdic- Subdivider or the party developing the to the Street Curb shall be installed and Subd.E.Construction Plans and Inspec- suitable for such use, the Subdivider tion. Lot. capped for future connection as service tion. may be required to pay a park fee estab- 290-16.SEPARABILITY. (3)Any Subdivision or Lot that cannot becomes available. In that event the (1)Construction plans for the required lished from time-to-time for the City by It is hereby declared to be the inten- be connected to public sanitary sewer Subdivider may also install on-site dis- improvements conforming in all Resolution of the Governing Body or a tion that the several provisions of this facilities shall meet minimum stan- posal units provided they are so located respects with the standards and ordi- park fee of seven percent (7%) of the regulation are separable in accordance dards of health and sanitation.The Lot as to permit easy and the least expen- nances of the City shall be prepared at value of the land in the Subdivision, with the following: area and topography must be such that sive connection to the sewer when it be- the Subdivider's expense by a profes- whichever is larger.Market value shall (1)If any court of competent jurisdic- it will accommodate an adequate dis- comes available and usable.Where such sional engineer who is registered in the be determined by the sale price of tion shall adjudge any provision of this posal system or systems to serve the on-site units are installed, the Subdi- State of Minnesota,and said plans shall agreement for sale price, or by agree- regulation to be invalid,such judgment residence for the estimated unsewered vider shall provide underground plumb- contain his certificate. Such plans to- ment between the City and the Subdi- shall not affect any other provision of years as determined by the Governing ing to extend three (3) feet beyond the gether with the quantities of construe- vider.If Market value cannot be estab- this regulation not specifically included Body.Such tests shall be made at the ex- footing which plumbing shall be tion items shall be submitted to the En- lished,it shall be determined by an in- in said judgment. pence of the Subdivider, and a sketch plugged.The area around the vent stack gineer for his approval and for his esti- dependent appraiser agreed upon bet- (2)If any court of competent jurisdic- map shall be submitted to identify the shall be scored so that the septic tank mate of the total costs of the required ween the parties.Costs of any such ap- tion shall adjudge invalid the applica- specific locations where tests were line can be disconnected and connection improvement. Upon approval, such praisal shall be paid by the Subdivider. tion of any provision of this regulation to made. can be made with the public sanitary plans shall become a part of the re- Park dedications can be a combination a particular property,building,or struc- (4) All proposed sewerage disposal sewer system. quired agreement.The Tracings of the of dedicated land and park fee as may tore, such judgment shall not affect systems shall comply with the regula- (9)Drainage facilities.Such facilities plans approved by the Engineer plus two be agreed between the City and the Sub- other property,buildings or structures. tions and recommended standards of the and easements shall be installed as will (2)prints shall be furnished to the City divider.Lots created in any manner that 290-17.ENFORCEMENT. Metropolitan Waste Control Commis- adequately provide for the drainage of to be filed as a public record. are larger than(5)acres and three hun- Subd.A.Building Permits. sion, the Minnesota Department of surface waters; a storm sewer system (2)All required improvements on the dred(300)feet in width may be subject No building permit shall be issued for Health,the Minnesota Pollution Control may be required. Drainage way ease- site that are to be installed under the to the above requirements if in the opin- any construction, enlargement, alter- Agency,and the City. ments or land dedication may be re- provisions of this Ordinance shall be in- ion of the Governing Body the Lot will ation, repair, demolition or moving of Subd.E.Water Supply. quired when such easements or land is spected during the course of construe- not be resubdivided.All monies received any building or structure on any Lot or An individual well shall produce at needed in the public interest for pur- tion by the City Engineer at the Subdi- by the City in lieu of park dedication Parcel until all the requirements of this least ten(10)gallons per minute,have a poses of flood plain management, vider's expense,and acceptance by the shall be used by the City for acquisition regulations have been fully met. well casing at least four(4)inches in di- proper drainage,prevention of erosion, City shall be subject to the Engineer's of park land or for improvement or of Subd.B.Violation and Penalties. ameter and be grouted to provide a safe, pedestrian access to water bodies, or certificate of compliance with the agree- existing parks. Any firm,person or corporation who potable water supply. other public purpose. The applicable ment. Subd.C.Planned Unit Developments. violates any of the provisions of these Subd.F.House Plumbing. watershed district or watershed man- Subd. F. Improvements Completed Upon receiving a report from the regulations,or who sells,leases or offers When an individual on-site sewerage agement organization must approve all Prior To Approval Of The Plat. Planning Commission, the Governing for sale or lease an Lot,Block or tract of system is used and a septic tank is surface water drainage plans. Improvements within a Subdivision Body may grant a Variance from the land herewith regulated before all the placed on a side other than that from (10) Miscellaneous facilities. Tree which have been completed prior to ap- provisions of these regulations in the requirements of these regulations have which the public sewer line would con- planting, street lights, street name plication for approval of the Plat or ex- case of a Planned Unit Development,as been complied with,shall be guilty of a nect,it shall be required that a capped signs, traffic control signs, oversized ecution of the agreement for installation defined in the Zoning Ordinance, misdemeanor.Each day that a violation sewerage disposal line shall be extended utility trunk lines,pedestrian ways,and of the required improvements may be provided that the Governing Body shall is permitted to exist shall constitute a from the point of ground entrance of other improvements may be required. accepted as equivalent improvements in find that the proposed development is separate offense. basement or house to a point five(5)feet Subd. B. Payment For Installation Of compliance with the requirements only fully consistent with the purpose and in- (published in THE TIMES June 30, beyond and to the side from which the Improvement. if the Engineer shall certify that he is tent of these regulations.This provision 1988) future sewer connection will be made. The required improvements as listed satisfied that the existing improvements is intended to provide the necessary Inside the basement the elbow shall be herein are to be furnished and installed conform to applicable standards. flexibility for new land planning and set up to be easily reversed for connec- at the sole expense of the Subdivider. Subd.G.Trunk Facilities. land development trends and tech- tion to the capped line. However,if the cost of an improvement Where a larger size water main,sani- niques. Subd.G.Drainage. would be general policy be assessed only tary sewer, storm drain or similar 290-14.VARIANCES. All surface and underground drainage in part to the improved property and the facility is required to serve areas out- Subd.A.Basis For Variance. systems shall be installed to adequately remaining cost paid out of general tax side the Subdivision,the larger facility Upon receiving the report from the remove all natural drainage that ac- levy, provision may be made for the required must be constructed. Addi- Planning Commission, the Governing cumulates on the developed property. payment of a portion of the cost by the tional cost is to be borne by the benefit- Body may grant a Variance in any par- All such systems shall be in conformity City. Further, if any improvement in- ting properties and if applicable,the as- titular case where the Subdivider can to the City drainage plans and all piping stalled within the Subdivision will be of sessments are to be determined accord- show that by reason of the exceptional shall provide complete removal and a substantial benefit to lands beyond the ingly by the Governing Body. topography or other physical conditions permanent solution for the removal of boundaries of the Subdivision,provision Subd. H. Alternate Installation And In- the strict compliance to these regula- drainage water. may be made for causing a portion of complete Improvements. tions could cause an exceptional and un- Subd.H.Street Signs. the cost of the improvement, repre- (1)The Governing Body may elect to due hardship on the enjoyment of a sub- All Street signs shall be provided and senting the benefit to such lands,to be install any or all of the required im- stantial property right.Such relief may installed by the City at the expense of recovered from the same. In such a provements pursuant to a cash agree- be granted provided there is no detri- the Subdivider. situation the Subdivider will be required ment or other financial arrangements ment to the public welfare and no im- Subd.I.Utilities Location. only to pay for such portion of the whole with the Subdivider. pairment of intended purpose of this reg- When practicable and feasible, all cost of said improvement as will repre- (2)If the City elects to install any im- ulation. utilities shall be placed underground.All sent the benefit of the property within provements,it shall proceed as soon as Subd.B.Procedure. underground work shall be completed the Subdivision. it is practicable after final approval of a Application for any Variance shall be prior to Street surfacing to the extent Subd.C.Agreement Providing For The Subdivision with installation within the made in writing by the Subdivider at the practicable. All utility lines for tele- Installation Of Improvements. Subdivision of such improvements as time when the Preliminary Plat is filed phone and electrical service shall be (I)Prior to the installation of any re- may be determined to be necessary. In for consideration or at such time as the placed in rear line easements when car- quired improvements and prior to ap- the event of small Subdivision or in Sub- basis for the Variance application is dis- ried on overhead poles. proval of the Plat,the Subdivider shall divisions in which development may covered. Such application shall state Subd.J.Inspection. enter into an agreement in writing with proceed slowly, or in other events in fully all facts relied upon by the Subdi- All required improvements shall be in- the City requiring the Subdivider to fur- which the construction of surfaced vider, and shall be supplemented with spected by the Engineer during con- nish and construct said improvements Streets,Sidewalks,utility lines,or other Maps, plans or other additional data struction at the expense of the Subdi- and to bear the cost all in accordance improvements is clearly not feasible im- which may aid the Planning Commis- vider. with plans and specifications and the mediately following the approval of the sion in the analysis of the proposed Sub- 290-12. REQUIRED IMPROVEMENTS provisions of the agreement.This shall Plat,the Governing Body may elect to division.Such Variances shall be consid- AND FINANCIAL ARRANGEMENTS. include provision for supervision of commence assessment proceedings,uti- ered at the next regular meeting held by Subd.A.Improvements Required. details of construction by the Engineer lize funds of a cash escrow agreement, the Planning Commission.The plans for Prior to the approval of a Plat by the and shall grant to the Engineer author- or otherwise move to finance and install such development shall include any cov- Governing Body, the Subdivider shall ity to correlate the work to be done un- improvements when the Subdivision is enants, restrictions or other legal have agreed, in the manner set forth der said agreement by any subcontrac- developed to the point of warranting the provisions necessary to guarantee the below,to install,in conformity with ap- tor authorized to proceed thereunder improvements.Such improvements are full achievement of the proposed plan. proved construction plans and in confor- and with any other work being done or required in order to provide greater as- Any variance or modification granted or , mity with all applicable standards and contracted by the City in the vicinity. surance of public health,assure reliabil- denied by the Governing Body shall be ordinances,the following improvements The Agreement shall require the Subdi- ity of water supply,provide for economy recorded and entered in the minutes of on the site: vider to provide financial security in the of installation, provide more effective the Governing Body setting forth the (1) Survey monuments. All Sub- form of a cash deposit,irrevocable let- fire fighting through hydrants, and reasons for granting or denying the ,division boundary corners, block and ter of credit, or performance bond, or otherwise protect the public health, Variance. Lot corners, Road intersection corners combination thereof,at the option of the safety, convenience and general wel- 290-15.UNAPPROVED SUBDIVISION. and points of tangency and curvature City,the amount of the financial secu- fare. Subd.A.Recording Restricted. shall be marked with survey monu- rity to be one hundred twenty-five per- 290-13.GENERAL PROVISIONS No conveyance of land to which this ments meeting the minimum require- cent(125%) of the Engineer's estimate Subd. A. Protection Of Natural Fea- regulation is applicable shall be filed or nients of state law. All U.S., state, of the total cost of the improvements to tures. recorded by the Washington County Re- county and other official bench marks, be furnished under the agreement, in- The Governing Body reserves the corder, if the land is described in the monuments or trangulation stations in eluding the cost of inspection provided, right to decline approval of a Sub- conveyance by Metes and Bounds or by or adjacent to the property shall be however, the City can set the amount division if due regard is not shown for reference to an unapproved Registered preserved in precise position unless a higher or lower,in its discretion.On re- the preservation of all natural features Land Survey made after April 21, 1961, relocation is approved by the controlling quest of the Subdivider,the agreement such as large trees,water courses,see- or to an unapproved Plat unless such agency. may provide for completion of part or Mc points, historical spots and similar conveyance has been stamped on behalf (2) Grading. The full width of the all of the improvements covered thereby community assets which, if preserved, of the City of Hugo as acceptable for re- Right-of-way including boulevard and prior to acceptance of the Plat.In such will add attractiveness and stability to cording. The foregoing provision does side slopes of each Street and Alley dedi- event the amount of the deposit or bond the proposed development of the proper- not apply to a conveyance if the land cated in the Plat shall be graded to ap- maybe reduced in a sum equal to the es- ty. described: proved cross-sections. timated cost of the improvements so Subd. B. Public Sites And Open (1) was a separate parcel of record (3)Pavement.All Streets and Alleys completed prior to the acceptance of the Spaces. April 1, 1945 or the date of adoption of shall be improved with concrete or bitu- Plat or such other time agreed.The time (1)Consideration of the public proper- Subdivision regulations under Laws minous surface, except as may be ap- for completion of the work and the sev- ty.The Subdivider shall consult with the 1945,Chapter 287,whichever is the later, proved by action of the Governing Body. eral parts thereof shall be determined Planning Commission, at the time his or of the adoption of Subdivision regula- Subdivisions with Lots averaging one by the Governing Body upon recommen- Preliminary Plat is under consider- tions pursuant to a home rule charter,or (1)Acre or more,but less than four(4) dation of the Engineer after consultation ation, to secure their recommendation (2)was the subject of a written agree- Acres may be of rural cross-section but with the Subdivider.It shall be reason- as to the location of any property that ment to convey entered into prior to shall be bituminous surfaced. able with relation to the work to be done, should be dedicated to the public,such such time, (4) Gravel Surface. Existing Streets the seasons of the year,and proper cor- as parks, playgrounds or other public (3)was a separate parcel of not less and new streets that will be left as relation with construction activities in property.The Plan shall show the loca- than two and one-half (2-1) acres in Gravel Streets on an interim basis may the Subdivision. tion and dimensions of all areas to be area and one hundred fifty(150)feet in be improved in an Agricultural or Rosi- (2) No Subdivider shall be permitted dedicated in this manner. width on January 1,1966,or dential area may be surfaced with six to start work on any other Subdivision (2)Public sites to be reserved.Where (4)was a separate parcel of not less (6) inches of stabilized gravel to a sur- without special approval of the Govern- a proposed drainage way, park, play- than five (5) acres in area and three face width of thirty-two(32)feet,if the ing Body if he has previously defaulted ground,school site or other public site, hundred (300) feet in width on July 1, avera:e Lot abutti : the Street is five on work or commitments to perform as shown on the comprehensive Munici- 1980,or