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HomeMy WebLinkAbout1988.06.06 ORD 1988-249!FP ORDINANCE NO. 88-249 AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE DESCRIBED REAL PROPERTY. The City Council of the City of Hugo, Washington County, Minnesota, hereby ordains: The Zoning classification of the Real Property described as follows, to-wit: 1. The eastern 1/2 of the SE 1/4 of Section 33, T31N, R21W; and 2. The western 1/2 of the SW 1/4 of Section 34, T31N, R21W shall be changed from its existing classification in the Agriculture District to a zoning in the Rural Residential 2 District. The official zoning map on file in the office of the city clerk shall be corrected and amended to show the changes in Zoning District Classification for the above described property, as set forth in this ordinance. EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication. Upon roll call the following members voted AYE: Olson, Potts, Vail, Atkinson Upon roll call the following members voted NAY: Peltier ADOPTED AND PASSED THIS 6TH DAY OF JUNE, 1988. c eor�,•� ' ns:P ayor ATTEST: Mary ' i Creager, City C1 k Publ shed in the Forest Lake Times this Iand Piday of March, 1989. L_ r AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ss COUNTY OF WASHINGTON Duane A. Rasmussen being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as The Times, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements con- i stituting qualification as a legal newspaper, as provided by Minnesota ICity of Hugo Statute 331A.02, 331A.07 and other applicable laws, as amended. ORDINANCE NO.88-249 (B)The printed public notice AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED"ZONING"BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE DESCRIBED REAL PROPERTY. which is attached was cut from the columns of said newspaper, and The City Council of the City of Hugo, Washington County,Minnesota,hereby ordains: was printed and published once each week, for two successive The Zoning classification of the Real Property described as follows,to-wit: 1. Thursday 2 The eastern 1/zofthe SE /e ofSection 33, weeks; it was first published on , the day T31N,R21W; and 2. The western I/2 of the SW 1/4 of Section 34, T31N, R21W h Marc198 shall be changed from its existing classi- Of , �, and was thereafter printed and published fication in the Agriculture District to a zoning in the Rural Residential 2 Dis- each week to and including Thursday the e day trict. The official zoning map on file in the March 19x9 office of the city clerk shall be corrected O f and amended to show the changes in • Zoning District Classification for the above described property,as set forth in //�� theordinance. BY6,«,y,� n-�. .A--� EFFECTIVE DATE. This Ordinance (�( shall become effective from and after its adoption and publication. Publisher Upon roll call the following members TITLE: voted AYE:Olson,Potts,Vail,Atkinson Upon roll call the following members voted NAY:Peltier ADOPTED AND PASSED THIS 6TH Subscribed and sworn to before me on DAY OF JUNE,1988. /s/George Atkinson fourteenth George Atkinson,Mayor this ATTEST: March , 19 8 /s/Mary Ann Creager dayof 9 Mary Ann Creager,City Clerk 9 (Published in THE TIMES 2 March 2,9,1989) dc 0,,,u,.6.4164 044 .....,,...........,........ Ngtarc C ,c ItEhatiETl+atRv+s i4(t1ARY Pug!I:"MINNfSOTA (Notorial Seat) M. d mat' (1)Lowest classified rate paid by commercial users for comparable space $ 4.40 col.inch (2)Maximum rate allowed by law for the above 4. 57 , matter $ col.inch (3)Rate actually charged for the above matter $ 4.40 col.inch (4)Rate actually charged for additional insertions $ 2.20 col.inch RECEIVED JUL - 5 1CS8 • AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ss COUNTY OF WASHINGTON wane A. ttasmussen, being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as The Times, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements con- stituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws,as amended. (B)The printed public notice which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Thursday , the 3Oth day of lune , 19 Sia,and was thereafter printed and published each week to and including Thursday , the 30th day of u une 19 88 Ersli44704i TITLE: Publi sher • Subscribed and sworn to before me on this thirtieth day of June 1988 Oe 142-4A4usati estv Notary . • (Notori.', T PUBl.IGMINNESOTA `' l MISSioN EXPIRE$ SEPTEMBER to t983 (1)Lowest classified rate paid by commercial users for comparable space $ 4.15 col.inch (2)Maximum rate allowed by law for the above matter $ 4.35 col.inch (3)Rate actually charged for the above matter $ 4.15 col.Inch (4)Rate actually charged for additional insertions $ 2.08 col.Inch I CHAPTER 290-SUBDIVISION OF PROPERTY A 290-1.PURPOSE. The process of dividing raw land into . separate parcels for home sites or sepa- rate parcels for other uses,is one of the PAGE 19--THE TIMES--Thursday,June 30,1988 most important factors in the protection Y of the environment and development of ing to scale correctly showing the legal (40)Minimum Subdivision Design (71)Survey.See Certified Survey and nance is made and demonstrated as Ownership to the City Attorney; 1 copy a community. Few activities have a description of the Parcel of unplatted Standards. The guides, principles and Registered Land Survey. may be required by the Governing Body. to the County Planning Coordinator,un- more lasting effect upon the appearance land represented and all Parcels delin- specifications for the preparation of (72)Surveyor.A land surveyor regis- (3)No building permit shall be issued less receipt of such copy is waived; 1 of the community,the requirements for eated therein,each of said Parcels being Subdivision plans indicating among tered under Minnesota State Laws. for any structure on any parcel of land copy to the County Surveyor -public services, the growth potential, designated consecutively beginning with other things, the minimum and maxi- (73)Thoroughfare. A Street primarily without access to a Gravel Street or Copies shall be provided to the appli- and property values.Once the land has the letter"A,"and including an indica- mum dimensions of the various ele- designated to carry large volumes of Hard Surface Street. 1 cable School District,utility companies, been divided into Lots and the Streets, tion of North direction and represents- ments set forth in the Plan. traffic and provide for vehicular move- (4)Any Subdivision of Property in- governmental agencies and the Metro- homes,and other structures have been tion of all monuments placed on the (41)Minor Street.A Street of limited ment between and among large areas. eluding the establishment of a new politan Council as their respective inter- constructed,the basic character of that ground which in no case shall be less continuity used primarily for Access to (74)Topographical Survey. A Survey Street shall require platting as herein est appears. portion of the community has become than appropriate monuments placed at the abutting properties and the local showing lines connecting points of pm- provided. Subd. C. Reports And Recommenda- firmly established. It.is then virtually the corners of each Parcel,and shall be needs of a neighborhood. mon elevation. Subd.H.Use Of A Sketch Plan. tions. impossible to alter its basic character certified by a registered land Surveyor., (42)Minor Subdivision.A division of (75)Topography. The configuration of (1)For purposes of preliminary dis- The Engineer,school board,Attorney, without substantial expense.In most de- (9)City.The City of Hugo. property into two or more parcels,but the surface of land including elevations cussion only,a Subdivider may request County Planning Coordinator, and the veloped areas roads and Streets must be (10)City Council.See Governing Body less than four,where a Plat is waived by and natural features. that the Planning Commission consider district highway engineer, if appropri- maintained and various public service of the City of Hugo. the City. (76)Tracing.A Plat or Map drawn on a Sketch Plan,which in its sole discre- ate, shall be requested to review the must be provided.The welfare of the en- (11)Cluster Development. In a Plat- (43)Natural Water Way. A natural transparent media which can be repro- tion can grant or refuse such a request.' Preliminary Plat within fifteen (15) tire community is thereby affected in ted Subdivision of Property,a develop- passageway in or on the surface of the duced by using regular reproduction Subject to granting the request,the Sub- days,submit written reports and recom- many important respects. It is, there- ment planned and constructed so as to earth so situated and having such a topo- procedures. divider may prepare or have his Sur- mendations to the Planning Commission fore,to the interest of the general pub- group housing units into relatively tight'graphical nature that surface water {77)Variance. A deviation from re- veyor and/or planner draw a Sketch expressing recommendations for ap- lie, developers, and the future owners patterns while providing a unified net- flows through it from other areas before quirements of this Ordinance. Plan. proval,disapproval or revisions. If no that divisions of property be conceived, work of open space and wooded areas, reaching a final ponding area.The term (78)Zoning Ordinance. An Ordinance (2)No formal action shall be taken by report is received within fifteen (15) designed,and_developedwith attention and meeting the overall density regula- also includes all drainage structures adopted by the City controlling the use the Planning Commission on any Sketch days, it may be assumed by the Plan- to planning and in accordance with tions of this Ordinance and the Zoning that have been constructed or placed for of land. Plan. Any such consideration shall be ning Commission that there are no ob- sound rules and proper standards. Ordinance. the purpose of conducting water from 290-4. REQUIREMENTS FOR SUB- limited to planning review and recom- jections to the Preliminary Plat as sub- All divisions of land hereafter submit- (12)Collector Street. A Street which one place to another. DIVISION OF PROPERTY. mendations concerning the Sketch Plan. mitted.The Administrator shall advise ted for approval shall fully comply, in carries traffic from Minor Streets to (44)Ordinance. A local regulation Subd. A.Limitation Of Subdivision Of (3)The Subdivider shall furnish the the Planning Commission of any entity all respects,with the regulation set forth Thoroughfares or from Thoroughfare to enacted by the City. Property. City Clerk with such copies of the Sketch that has declined to review the Prelimi- herein.It is the purpose of these regula- Thoroughfare.It includes the principal (45)Outlot.Any Lot within a Plat not (1)From and after the effective date Plan as the Planning Commission may nary Plat. tions to: entrance Streets of residential develop- intended for building construction of this Ordinance, no Parcel of real require. Subd.D.Public Hearing And Notice. (1)Encourage well planned,efficient, ments and for circulation within such thereon without further subdivision. property within the corporate limits of (4)The City will not expend any City (1)Within forty-five (45) days after and attractive divisions of property by developments. (46)Owner. A Person having suffi- the City shall be divided into two(2)or funds for professional staff to review a the Application and Preliminary Plat is establishing adequate standards for (13)Comprehensive Municipal Plan. cient proprietary interest, in all cases more Lots, including any residual Lot, Sketch Plan unless the Subdivider filed, the Planning Commission shall • design and construction; A comprehensive plan prepared by the including the fee owner, in the land without complying with the require- agrees to pay all such costs and makes hold a public hearing on the Preliminary (2)Provide for the health and safety City including a compilation of policy sought to be divided to commence and ments of this Ordinance. adequate provisions, such as cash de- Plat. ' of residents by requiring properly statements,goals,standards and maps maintain proceedings to subdivide the (2)The procedures for division of real posit,to do so. (2)Notice of the purpose, time and designed Streets and adequate sewage, indicating the general locations recom- same under these regulations. property into Lots shall be as defined in 290-5. APPLICATION FOR SUB- place of such public hearing shall be drainage and water service; mended for the various functional clas- (47)Parcel.See Lot. this Ordinance. DIVISION. published in the official newspaper at (3)Place the costs of planning,review sen of land use,places and structures, (48)Pedestrian Way. A Right-of-way (3)Any Variance(s) from the strict Subd.A.Application Form. least ten(10)days prior to the day of the and improvements against those bene- and for the general physical develop- across or within a Lot to be used by pe- requirements of this Ordinance that To initiate a Subdivision of Property, hearing, and the Subdivider shall be fitting; ment of the City and includes any unit or destrians. may be desired by the Subdivider,shall the Subdivider shall complete an Appli- given ten(10)days notice of said public (4)Secure the rights of the public with part of such plan separately adopted and (49)Person.Any individual,firm,as- be requested at the time of application cation Form provided by the City and hearing. respect to parks, public lands and any amendment to such plan or parts sociation,syndicate or partnership,cor- for Division of property,or at such other shall include all required information (3)Notice of the public hearing shall waters;and thereof, adopted by the City and ap- poration,trust,or any other legal entity. time as may be permitted by the City in specified in the Application Instructions. be mailed to the owners of property (5)Set the minimum requirements proved by the Metropolitan Council. (50)Planning Commission.The Plan- its discretion, and shall meet the re- An incomplete or inaccurate Application situated within 300 feet of the proposed necessary to protect the public health, (14)Contour Map. A Map on which Hing Commission of the City. quirements for granting any Variance Form need not be accepted by the City Subdivision, but failure of any such safety, morals, comfort, convenience, water surface elevations and surface (51)Plan. The Map or drawing in- specified in this Ordinance. administrative staff. owner to be notified shall not invalidate and general welfare. elevations are shown by contour lines dicating the proposed layout of the Subd.B.Platting Required. Subd.B.Signature(s)Required. any proceedings or action taken hereun- 290-2.SCOPE. connecting points of equal elevation. division of property to be submitted to (1)Platting shall be required for the The Application Form must be signed der. Subd.A.Applicability. Contour interval defines the vertical the Planning Commission and Govern- Subdivision of any Parcel of Property by the Subdivider prior to submission to (4)The Subdivider or his representa- The rules and regulations governing height between contour lines. Also see ing Body for their consideration,in corn- that would do any one or more of the fol- the City. Any Application Form not tive shall appear before the Planning division of land contained herein shall Topographical Survey. pliance with the Comprehensive Munici- lowing: properly signed may be rejected at any Commission at any meeting, including apply within the City and other land as (15)Conveyance. A written instru- pal Plan and these regulations along (a)create two (2) or more Lots, in- time it is determined that the required the public hearing,pursuant to notice to permitted by State Statutes. ment transferring an interest in Prop- with required supporting data. eluding any residual Lot,unless Minor signatures are not affixed. appear stating the time and place,in or- Subd.B.Overlapping Jurisdictions. erty from one Person to another. (52)Planned Unit Development. A Subdivision is permitted by the Govern- Subd.C.Proof of Ownership. der to answer questions concerning the In the event of overlapping jurisdic- (16)Copy. A print or reproduction clustered development of land meeting ing Body or unless Land Division is ap- At the time of filing the Application Preliminary Plat.If no notice to appear tion within the prescribed area,the ex- made from a master document or Trac- the requirements and standards of plicable; - . Form,or at such other time as the City is given to the Subdivider,he need not tent of jurisdiction shall be determined ing. Chapter 320,Zoning,referenced as the (b)establish any new public Street; may permit, the Subdivider shall file (but may)appear at any such meeting. and agreed upon between this City and (17)Corner Lot.A Lot bordered on at Zoning Ordinance. (c)create or require any new public Proof of Ownership in a form acceptable Failure of the Subdivider or his repre- the other municipality or municipalities least two (2) sides by intersecting (53)Plat.A Map or drawing in record- utility;or to the City.The City may require Proof sentative to appear as required shall be concerned. Streets. able form which graphically delineates (d)create any Lot of less than twenty of Ownership including a current Ab- sufficient cause for postponement of any Subd.C.Inapplicable To Existing Plat- (18)County.Washington County,Min- the boundary of land Parcels for the (20)acres,unless Minor Subdivision is stract of Title or a Registered Property hearing including the public hearing and ted Subdivisions. nesota. Purpose of identification and record of permitted by the Governing Body. Certificate along with all applicable un- shall be considered as waiver by the Except in the case of resubdivision, (19)County Board. The Washington title.The document conforming to all re- Subd.C.Minor Subdivision. recorded documents affecting title,and Subdivider of the forty-five (45) day this- ` e shall not apply to any Lot County Board of Commissioners. quirements of the City and state Law (1)In any case of Subdivision of a Lot an Opinion of Title by the Subdivider's time limit specified in 290-6 Subd.D.(1). or Lots forming a part of a platted Sub- (20)Covenant. A promise or under- may be designated in actions relative into three(3)or fewer Lots,where any attorney. Failure to file the required Subd.E.Planning Commission Recom- division recorded in the office of the taking. thereto as the Final Plat.The Plat is a residual Lot is included in the Lot count, Proof of Ownership shall be a basis for mendation. Register of Deeds prior to the effective (21)Cul-De-Sac.A minor Street with legal document to be recorded after ap- situated in a locality where conditions the City to deny the Application or to dis- (1)The Planning Commission shall date of this Ordinance. only one common inlet and outlet and proval by the City and must conform to are platted or otherwise well-defined, continue processing the Application un- submit to the Governing Body not later Subd. D. Inapplicable To Existing having a turnaround. all Minnesota State Laws. the Governing Body may at the request til such Proof of Ownership is submitted. than fifteen (15) days after the public Rights. (22)Curb.A structure at the edge of a (54)Preliminary Plan.Map or draw- of the Subdivider in those circumstances Subd.D.Base Application Fee. hearing on the Preliminary Plat a report This Ordinance shall not repeal,annul surfaced Street defining a course for ing,to scale,showing the layout of the referencing the preceding Subd.B.,ex- The Subdivider shall pay to the City at and recommendation to grant,deny or or in any way impair or interfere with surface water drainage. proposed division of property,together empt the Subdivider from complying the time of filing the Application Form, partially grant the Application,stating existing provisions of other laws or ordi- (23)Design Standards.Criteria estab- with required supporting data for Sub- with some of the formalities of platting the appropriate Base Application Fee findings and reasons for such recom- nances, except ' those specifically lished in this Ordinance setting mini- divisions, to be submitted to the Plan- established by this Ordinance, but for the type of Subdivision requested. mendation.The report and recommen- repealed by or in conflict with this Ordi- mum requirements for Developments. Hing Commission for consideration.The design standards shall be met. The Base Application Fee for each type dations may include conditions to be met nance.Private restrictions placed upon (24)Development.The act of dividing Preliminary Plan shall be in the form (2)The Governing Body may at its of Subdivision shall be established from by the Subdivider.The report and rec- property by deed,covenant,or other pri- Property into Lots for the purpose of and detail required in this Ordinance for discretion,after reviewing such Appli- time-to-time by Resolution of the Gov- ommendations shall be.included in the vote agreement, and Protective Cove- building structures thereon and/or the the applicable process of platting,Minor cation and supporting materials as it erning Body.An Application Form need Minutes of the Planning Commission or nants governing the use of land,are not installation of improvements to service Subdivision,or Land Division,and in ap- may require, approve a Minor Sub- not be accepted if the Base Application if separately written, shall be refer- replaced by this Ordinance, but they the Lots. propriate cases shall be designated as division after or on condition of submis- Fee is not paid. enced in the Minutes. shall not be used in any way in interpret- (25)Development Agreement. An Preliminary Plat or Preliminary Sur- sion of a Certified Survey or Registered Subd.E.Cost Recovery. (2)If the Planning Commission fails ing or construing this Ordinance. Agreement between the City and a De- vey. Land Survey as applicable, by a Sur- It is the intent of the City to recover all to make a report within said fifteen(15) Subd.E.Controlling Effect. veloper specifying the types of improve- (55)Preliminary Plat.A Preliminary veyor showing the original Lot and the expenses incurred in the review and ap- day period, the Governing Body may Where this Ordinance imposes a ments to be made, the schedules for Plan for Property to be divided by Plat. proposed Lots,when: proval process. The Subdivider shall proceed without said report and recom- greater restriction upon the division of completion, performance guarantees, (56)Preliminary Survey. A Prelimi- (a)the request is to divide a Lot that reimburse the City for any expenses in- mendation. land than is imposed or required by ex- and any other conditions and Covenants nary Plan for Property to be divided by is part of a recorded Plat;or carred over the amount of the Base Ap- (3)Failure to receive a report from isting provisions of law,ordinance,con- pertaining to the Development. Survey. (b)The Subdivision is to permit the plication Fee.At the initial review,the the Planning Commission as herein tract or deed,the provisions of this Ordi- (26)Double Frontage Lots. Lots (57)Private Street.A Street providing adding of a parcel of land to an abutting professional staff shall estimate the cost provided shall not invalidate the nance shall control. which have one Lot Line abutting on one vehicular Access to one or more Lots, Lot;or to the City. If the estimated costs of proceedings or actions of the Governing 290-3.WORD INTERPRETATIONS. Street and a second Lot Line abutting on which is not dedicated to the public,but (c)not more than three(3)new Lots review exceeds the Base Application Body. Subd.A.Rules Of Interpretation. another non-intersecting Street. is owned by one or more Persons,and including any residual Lot are to be Fee,the Subdivider shall be notified and Subd.F.Additional Public Hearing. The following Rules shall apply in in- (27)Drainage Course.A water course may include a common driveway. created,provided that no newly created shall deposit with the City an additional In special or unusual situations, the terpreting this Ordinance: or way designated for the drainage of (58),Property. Land subject to the Lot will be in violation of this Ordinance sum of money equal to the difference Governing Body may at its discretion (1)The word"shall"is mandatory. surface water. regulation of this Ordinance. or the Zoning Ordinance. between the estimate and the Base Ap- hold another public hearing on the (2)The word"may"is permissive. (28)Easement.A grant of rights in re- (59)Protective Covenants. Restric- Subd.D.Resubdivision. plication Fee. In the event the cost of Preliminary Plat following notice in the (3)Measurement of time excludes the cordable form by an Owner of land for a tions on the use of property established In the case of a request to divide a Lot review actually incurred further ex- same manner provided in 290-6,Subd.D. first day and includes the last day. specific use by the City or persons other of record by private parties and con- other than an Outlot,which is a part of a ceeds the estimate,the Subdivider shall A record of any such public hearing (4)The words"herein"and"hereof" than the Owner. stituting a restriction on the use of pri- recorded Plat where the Subdivision is deposit with the City a sum of money shall be made either by minutes,audio refer to the entire Ordinance,unless spe- (29)Engineer. The registered engi- vate property within a defined area, to permit the adding of a parcel of land equal to the additional expenses prior to recording,verbatim transcript or com- cific words of limitation are applied. neer employed by the City unless other- such as a Subdivision,for the benefit of to an abutting Lot,or to create two Lots final action on the Application by the bination thereof as determined by the (5)In reference to numbers,the sin- wise stated,also known as the City Engi- the property owners,and to provide mu- where the newly created property line Governing Body:In the event the actual Governing Body. gular number includes the plural, and neer. tual protection against undesirable as- will not cause the remaining portion of cost of review is less than the estimate, Subd. G. Action On The Preliminary the plural number includes the singular, (30)Governing Body. The Hugo City pests of development. , any Lot to be in violation with this Ordi- the City shall refund to Subdivider the Plat. unless specific words of limitation are Council. (60)Registered Land Survey. A Sur- nance or the Zoning Ordinance,the Sub- difference between the actual cost and (1)The Governing Body shall take ac- applied. - (31)Gravel Street. A Street graded vey meeting the requirements of Minne- division may be approved by the Gov- the amount of money actually deposited tion on the Preliminary Plat not more (6)In reference to tense,the present and improved with gravel or other gran- sota Statutes 508.47 and as it may be erring Body after submission of a Cer- by Subdivider.In no case shall the Base than sixty(60) days after the Prelimi- tense includes the past tense and the fu- ular material on the surface used for ve- amended, and used primarily for tified Survey or a Registered Land Sur- Application Fee, or any part of it be nary Plat is filed with the City Clerk. tore tense,unless specific words of limi- hicular traffic,and accepted and main- describing registered Property. vey,as applicable by a registered land refunded. Failure to receive any report or recom- tation are applied. tained by the City or other governmental (61)Reserve Strip.A narrow parcel of Surveyor showing the original Lot and 290-6.PLATTING PROCEDURE. mendations as designated in this Section (7)In reference to gender,any gender entity. land placed between Lot lines and the proposed Subdivision. For those Subdivisions requiring a 290-6,shall not invalidate the action of reference includes the masculine, the (32)Hard Surface Street. A Street Streets to control Access. Subd.E.Land Division. Plat as specified herein,the procedures the Governing Body. feminine and the neuter. graded and improved with bituminous, (62)Right-of-way.The land available (1)In any case where the Subdivision specified in this Section shall be follow- (2)The Engineer, Attorney, and (8)In the event of conflicting concrete or other similar material, for or used for a public Street,or land of land into two (2) or more parcels, ed: county planning coordinator shall sub- provisions of this Ordinance, the more meeting minimum design standards,on dedicated for public use,or for certain where any residual Parcel is included in Subd.A.Filing The Preliminary Plat. mit a report to the Governing Body restrictive shall apply. the surface used for vehicular traffic, private uses such as for private utilities. the Lot count,for any purpose including The Subdivider shall file— within fifteen(15)days of receipt of the Subd.B.Definitions Of Words. and accepted and maintained by the (63)Road or Roadway.The improved but not limited to transfer of ownership (1)Eighteen(18)copies of the Appli- Preliminary Plat expressing their rec- Unless otherwise defined,words used City or other governmental entity. Right-of-way over which vehicular traf- or building improvement,that does not cation and Preliminary Plat with the ommendations. in this Ordinance shall have their corn- (33)Key Map.A Map drawn to corn- fic can travel.Also see Street. come within the terms of Subd.B.,Subd. City Clerk to complete the Application. (3)The Governing Body may require monly defined meanings. For the pur- paratively small scale which definitely (64)Sidewalk.A paved way for pedes- C,,or Subd.D.of this Article 290-4,the (2)One (1) copy of the Application modifications,changes and revisions of pose of this Ordinance certain terms and shows the area proposed to be platted in trians. Subdivider shall provide a legal descrip- and Preliminary Plat with the Minne- the Preliminary Plat,and may set con- words shall have the meanings and be relation to known geographical features. (65)Sketch Plan.A drawing showing tion and Survey or Map of the proposed sota Department of Transportation for ditions on approval,as it deems neces- defined as follows: (34)Land Division.Division of a Par- the proposed Subdivision of property. Land Division.Prior to approval or as a review as required by State Law if the sary to protect the health, safety, (1)Access. A way of ingress and cel of land into two or more Lots under This drawing is not necessarily drawn to condition of approval of the Land proposed Subdivision abuts any State or morals,comfort,convenience and gen- egress to a Lot. circumstances where a Plat is not re- scale and exact accuracy is not a re- Division the City shall require that a Federal Trunk Highway. eral welfare of the City. ' (2)Alley. Any dedicated public quired. quirement. Certified Survey or Registered Land (3)One (1) copy of the Application (4)The Governing Body shall state Right-of-way providing a secondary (35)Lot. A parcel of land separated (66)Street. Unless otherwise Survey,as applicable,be submitted. and Preliminary Plat with the State reasons for its actions and conditions as means of access to abutting Platted from other Parcels of land by separate specified, a public way for vehicular (2)No building permit shall be issued Commissioner of Natural Resources for part of the record,and if the Prelimi- Lots, legal description. traffic, whether designated as Street, for any construction, enlargement, al- review as required if the proposed Sub- nary Plat is not approved by the Govern- .(3)Appeal.A proceeding by which a (36)Lot Line. A boundary line of a highway, Thoroughfare, parkway, teration,repair,demolition or moving of division includes a protected wetland is ing Body,the findings and reasons for cause is brought from an inferior to a su- Lot. through-way, road, avenue, boulevard, any building or structure on any Lot or subject regulation as shoreland pursu- such action shall be recorded in the perior authority for review or re-exami- (37)Map. A drawing indicating the lane, place, drive, court, or otherwise Parcel resulting from such Land ant to the duly adopted Ordinance of the proceedings and transmitted to the Sub- nation and possible modification or layout of boundaries and features of a designated. Division,until such division has been ap- City as it may be amended from time- divider. reversal. division of property, and shall include (67)Street Surface Width.The short- proved by the Governing Body. to-time regulating the use of shoreland. (5)Action on the Preliminary Plat (4)Attorney. The attorney employed indication of North, applicable legal est distance between the lines delineat- Subd.F.Registered Land Surveys. (4)One (1) copy of the Application shall be by majority vote of a Quorum of by the City unless otherwise,stated,also description(s), placement of monu- ing the improved traveled way of a A Registered Land Survey shall not be and Preliminary Plat with the applica- the Governing Body. known as the City Attorney. ments and reference points,when avail- Street. used to divide a Parcel of Property into ble watershed district. Subd. H. Amending The Preliminary (5)Blocks.The enclosed area of Prop- able. (68)Street Width. The shortest dis- Lots for any purpose, unless the Failure to file any of the copies as re- Plat. erty within the perimeter of Roads, (38)Marginal Access Street (Service tance between the lines delineating the provisions of one of Subd.C.,Subd.D.or quired by this Section shall constitute a Should the Subdivider desire to amend Property Lines or other boundaries in a Road). A Minor Street parallel to and Right-of-way of a Street. Subd.E.of this Section 290-4 are satin- basis for rejection of the Application by the Preliminary Plat as approved, he platted Subdivision. adjacent to high volume arterial streets (69)Subdivider.The Owner,together fied. The standards and requirements the City. may submit an amended Preliminary (6)Boulevard. The portion of the and highways,which provides access to with such other agent or person having set forth in these regulations shall apply Subd. B. Review Of The Preliminary Plat which shall follow the same proce- Street Right-of-way between the Curb abutting properties and protection of control of such land as the term is used to all Subdivisions by Registered Land Plat. dure as set forth in this Section 290-6,ex- line and the abutting Lot line, and the through traffic. in this Ordinance. Surveys. The City Clerk after receipt of the Ap- cept for the public hearing and fee un- portion of Right-of-way between Streets (39)Metes and Bounds Description.A (70)Subdivision.The division of a par- Subd.G.Metes And Bounds. plication,Base Application Fee,Proof of less the amendment is in the opinion of having Traffic flowing in opposite direc- description of real property which is not cel of land after the effective date of this (1)Conveyance by Metes and Bounds Ownership and the requisite number of the Governing Body of such scope tions. described by reference to a Lot or Block Ordinance into two(2)or more Lots or for purpose of Subdivision of any Lot is copies,shall on a timely basis distribute beyond that heard at the public hearing, (7)Building Set-back Line.The mini- shown on a Plat, but is described by Parcels,according to any of the proce- prohibited unless the provisions of one of copies of the Application and Prelimi- so as to constitute a new Preliminary mum Set-back distance for Lots in un- starting at a known point and describing dures whether it be by Plat,Minor Sub- Subd. C.,Subd. D. or Subd. E. of this nary Plat for review,comment,and res- Plat, in which case a new Application developed areas or the Setback common the bearings and distances of the lines division or Land Division, specified in Section 290-4 are satisfied. ommendation as follows: 1 copy to the fee, and hearing shall be required and to the area in developed areas for front forming the boundaries of the property, this Ordinance. The term includes (2)No building permit shall be issued City Administrator;1 copy to each City the procedure of this Section 290-6 shall yard Set-backs,and the minimum side or delineates a fractional portion of a resubdivision and,when appropriate to for any structure to be built or placed on Council member; 1 copy to each Plan- be followed. Yard and rear yard. section,Lot or area by described lines or the context,shall relate to the process of any Lot created in violation of this Ordi- ning Commission member;1 copy to the Subd.I.Staged Development. (8)Certified Survey.A Map or draw- portions thereof. subdividing or to the land subdivided. nance until compliance with this Ordi- City Engineer;1 copy including Proof of In the case of a Subdivision to be de- rvice was on J R PAGE 20--THE TIMES--Thursday,June 30,1988 veloped in stages, the Subdivider may on-site sewage disposal systems, if the 290-9.LAND DIVISION PROCEDURE. Thoroughfares shall be reserved for face improvement and shall thus be is located. be granted permission to prepare a area being Subdivided does not have If an Application satisfying the through traffic by providing Marginal designed for installation along both (4) Lots designed for Commercial or Preliminary Plat for only the portion of municipal sanitary sewer available to it. criteria of Section 290-5 is filed and if the Access Streets,interior Streets for serv- sides of all Roadways.MN DOT Design Industrial purposes shall provide ade- the Property which he proposes to de- (j)If severe soil limitations for the in- criteria of Section 290-4. Subd. E. are ing Lots,or other means. B-618 curb and gutter shall be required. quate off-the-street service,loading and velop at that time,provided such portion tended use are noted in the Soil Hand- satisfied and Land Division is appropri- (7)Half or partial Streets will not be The use of surmountable curbs may be parking facilities. conforms with all the requirements of book on file in the Washington County ate for the requested Subdivision, the permitted, except where essential to allowed if approved by the Governing (5) Building Sites. Each Lot shall these regulations. The Subdivider may Planning Department and the Washing- procedure specified in this Section shall reasonable Subdivision of land in confor- Body. provide an adequate building site at be required,as a condition of approval, ton County Soil and Water Conservation be followed: mance with the other requirements and Subd.H.Alley Design. least one(1)foot above the Street grade. to submit an estimated time schedule District Office,a plan or statement in- Subd.A.Preliminary Survey. standards of this Ordinance and where, (1)Alleys in residential areas other (6)Minimum Lot Lines. No Lot shall for further staging of the development dicating the soil conservation practice of The Subdivider shall file a Prelimi- in addition, satisfactory assurance for than those constructed for multiple fam- have a total width at the front or rear and its platting. practices to be used to overcome said nary Survey and as many copies as may dedication of the remaining part of the ily use shall not be permitted. Lot line of less than thirty(30)feet. Subd.J.Compliance With Law. limitation shall be made part of the Ap- be specified in the Application Instruc- Street can be secured. (2)All Alley Rights-of-way and pave- (7) Corner Lots shall be platted at All Plats shall comply with the plication. tions,with the City Clerk. (8)Wherever a Parcel to be Subdi- ment widths shall conform to the follow- least twenty(20)feet wider than interior provisions of Minnesota State Statutes (k)Relationship of the Subdivision Subd. B. Review Of The Preliminary vided adjoins an existing half,or partial ing minimum standards: Lots unless interior Lots are platted one and the requirements of this Ordinance. with existing and potential subdivisions Survey. Street,the part of the Street within such Classification, Right-of-way Width, hundred(100)feet or more in width. Subd.K.Improvements. and land uses shall be shown. The City Clerk after receipt of the Ap- parcel shall be platted. Pavement (8)Through or Double Frontage Lots Prior to approval of the Preliminary (3)Subdivision design features: plication,Base Application Fee,Proof of (9)Dead-end Streets shall be prohib- Industrial or Commercial,24 feet,20 shall not be permitted except where Plat or as a condition of such approval, (a)Layout of proposed Streets,show- Ownership and the requisite number of ited, except as stubs to permit future feet such Lots are adjacent to a Thorough- the Subdivider shall have installed all ing Right-of-way widths and proposed copies,shall on a timely basis distribute Street extension into adjoining Parcel or Residential(two-way),20 feet,16 feet fare or major highway.Such Lots shall required improvements or signed an names of Streets. The name of any copies of the Application and Prelimi- when designed as Cul-De-Sac Streets. Residential(one-way),16 feet,12 feet have an additional depth of ten(10)feet Agreement with the Governing Body-for Street shall conform to the Washington nary Survey to the City Administrator, (10)Private Streets and Reserve (3)Grades. All centerline gradients for screen planting. their installation. Required improve- County Uniform Street Naming and each City Council member,each Plan-, Strips shall be prohibited and no public shall be at least 0.4 percent and shall not (9)Lots abutting upon a water course, ments shall conform to approved engi- Property Numbering System as applica- ping Commission member,the City En- improvements shall be approved for any exceed eight(8%)percent. drainageway, channel or stream shall neering standards established by the ble.The Name of a new Street shall not gineer and the City Attorney. Copies private street.All Streets shall be dedi- Subd.I.Sidewalk Design. have an additional depth or width,as re- City Engineer or any applicable State, duplicate an existing or platted Street shall be made available to such other cated for public use. (1)Sidewalks shall be required along quired to assure building sites that are County,or regulatory agency,and be in name unless the new Street is a continu- governmental bodies and agencies as be (11)Where a Subdivision abuts or con- both sides of Thoroughf res, Collector not subject to flooding. compliance with these regulations. ation of or in alignment with the existing appropriate from the property being tains an existing or planned major Thor- Streets,and Commercial Industrial Ser- (10)Lots with lakeshore frontage shall Subd. L. Plat Review; Approval; And or platted Street,in which case the new subdivided. oughfare or a railroad Right-of-way, a vice Streets. be designed so that the Lot lines ex- Filing. Street shall be so named. Subd.C.Planning Commission Review. service Street approximately parallel to (2)Widths.All sidewalk widths shall, tended shall maintain the closest ap,- (1)If no modifications are required (b)Locations and widths of all The procedural review with reports and on each side of such Thoroughfare when installed,conform to the following proximation to riparian right. for the Preliminary Plat,it shall become proposed alleys, pedestrian ways, and and recommendation of Section 290-6, or Right-of-way may be required for ad- minimum standards: (11) Natural features shall be the Plat.If modifications are required, utility and drainage easements. Subd.D.through Subd. G.shall be fol- equate protection of residential proper- Classification, Width: Single Family protected,and in the Subdivision of any the Subdivider shall cause all such modi- (c)Layout numbers and preliminary lowed except that the public hearing and ties and separation of through and local Area,4 feet;Multiple Family Area and Parcel, regard shall be shown for all, fications to be made, and as modified dimensions of Lots and Blocks,with des- notice of 290-6,Subd.D.shall be discre- traffic.Such service Streets shall be lo- Public Building Sites,6 feet; Commer- natural features, such as tree growth, shall become the Plat. ignation of corner monuments placed on tionary with the Planning Commission cated at a distance from the major Thor- cial Areas, 10 feet; Industrial Areas,6 water courses,historic spots,or similar (2)The Plat in its final form shall be the Property. rather than mandatory. A public hear- oughfare or railroad Right-of-way feet conditions,which if preserved will add submitted,prior to signing by the Gov- (d)Proposed front yard and side yard ing should only be ordered in excep- suitable for the appropriate use of the in- (3)Grades. Sidewalks shall slope 1/4 attractiveness and stability to the erning Body,to the County Surveyor for building setback lines,if different from tional situations. tervening land,as for park purposes in inch per foot away from the property proposed development. approval. required setbacks. Subd.D.Certified Survey Or Registered residential districts,or for commercial line and the profile grade shall not ex- (12)Access to Thoroughfares.Individ- (3)Upon receiving the Plat as an- (e)Location and size of proposed sani- 'Land Survey. and industrial purposes in appropriate ceed eight(8)percent. ual Lots shall not have direct vehicular proved by the County Surveyor,the Gov- tary sewer lines and water mains or (1)The Governing Body shall take ac- districts. Such distances shall also be Subd.J.Public Utilities. access to a limited access highway, erring Body may sign the Plat and the proposed City sewer and water systems. tion on the Application within one hun- determined with due regard for the re- (1)Water supply. Extensions of the other major highway,or Thoroughfare. Subdivider shall then record it with the (f)Locations at which sewer and dred twenty (120) days after its filing, quirements of approach grades and fu- public water supply system shall when In the platting of small tracts of land County Recorder within one hundred- water service will extend to the Lot lines unless timing is waived by the Subdi- ture grade separations. available be designed so as to provide fronting on limited access highways or twenty(120)days,or the approved Plat to be serviced. vider. (12)The Street arrangements shall g public water service to each Lot. Thoroughfares where there is no other shall be void. (g)Gradients of proposed Streets, (2)A Certified Survey or Registered not be such as to cause hardship to (2)Sewage disposal.Extensions of the alternative,an access may be granted. (4)The Subdivider shall,immediately sewer lines and water mains, if re- Land Survey shall be prepared by the owners of adjoining property in platting public sanitary sewer system shall when (13) Political Subdivision Lines. No upon recording, furnish the City Clerk quested. Subdivider pursuant to the require- their own land and providing convenient available be designed so as to provide Lot shall extend over a political Sub- with an approved reproducible media, (h)Areas,other than Streets,Alleys, ments and conditions established in the access to it. public sewer service to each Lot. division boundary or school district line. either Mylar or its equivalent,of the re- Pedestrian Ways and utility Easements, review and approval of the Preliminary Subd.F.Cul-De-Sac Streets. Subd.K.Drainage. (14)Large Lot Planning.In any area corded Plat and two(2) prints.Failure intended to be dedicated or reserved for Survey. (1)Cul-De-Sac Streets, permanently A complete and adequate drainage where Lots are platted in excess of twen- to furnish such copies shall be grounds public use, including the size of such (3)The Certified Survey or Regis- designed as such, shall not exceed six system design shall be required for the ty-four thousand(24,000)square feet or for refusal by the City to issue building area or areas in acres. tered Land Survey shall be recorded hundred (600) feet in length,except as Subdivision and may include a storm one hundred sixty(160)feet in width at permits for the Lots within the Plat. (4)Other information: with the Washington County Recorder Variances are permitted. Such a Vari- sewer system or a system of open the Building Set-back Line, a prelimi- (5)Upon receiving approval of the (a)Statement of the proposed use of after approval by the Governing Body, ance may be granted if it can be clearly ditches, culverts, pipes and catch nary resubdivision plan may be re- Plat for a portion of an approval Plan, Lots stating type of residential buildings and two(2)copies of the recorded docu- shown that by reason of unfavorable basins,and ponding areas,or both sys- quired showing a potential and feasible the Subdivider shall not be required to with number of proposed dwelling units; ment shall be filed with the City.Failure land form,or the irregular shape of the tems. way in which the Lot or Lots may be request a continuation of the recognition type of business or industry so as to to furnish the copies shall be a basis and land from which the Subdivision is being Subd.L.Easements. resubdivided in future for more inten- of the Plan so as to maintain its approv- reveal the effect of the development on grounds for refusal by the City to issue developed,a normal Street pattern can- (1)Easements shall be provided for sive use may be resubdivided in future al. except that in the event a zoning traffic,fire hazards, and congestion of building permits for the Lots created. not be established,or that land could not all utilities and drainage. Easements for more intensive use of the land.The amendment is adopted which requires a population. 290-10.DESIGN STANDARDS. be utilized by not granting such a Vari- shall be provided along rear Lot lines placement of buildings or structures larger minimum Lot size for land not yet (b)Source of water supply. Subd.A.Design Standards To Govern. ance. and other Lot lines as required by the upon such Lots shall allow for potential platted and recorded, the larger mini- (c)Provisions for sewage disposal, Unless the Governing Body approves (2)Unless future extension is clearly city Engineer. Such easements for resubdivision. mum Lot size may be required for any surface water drainage and flood con- deviations therefrom, the Design Stan- impractical or undesirable, the turn- utilities and drainage shall not be less (15)Lot Size.Lot size minimums shall additional platting. trol. dards set forth in this Section 290-10 around Right-of-way shall be placed ad- than twelve(12) feet in width and may be as set forth in the Zoning Ordinance, Subd.M.Extensions Of Time. (d)If any Zoning changes are contem- shall be considered minimum require- jacent to a property line and a Right-of- be shared between Lots within the Sub- Chapter 320 of the Hugo City Code. (1)Any times for action of the Gov- plated,the proposed Zoning Plan for the ments and are recommended to create way of the same width as the Street shall division. Where underground utilities 290-11.ENGINEERING STANDARDS. erning Body or the Planning Commis- areas,including dimensions. harmonious, consistent and safe Sub- be carried to said property line in such a are being installed,a front or side yard Subd.A.Monuments. sion specified herein,may be extended (e)Such other information as may be divisions, way as to permit future extension of the easement may be required. All platted Lot corner pipes or iron by concurrence of the Subdivider. requested by the Engineer or Planning Subd.B.Engineering Review. Street into the adjoining Parcel.At such (2)Easements shall be provided for rods shall be a minimum of one-half inch (2)Any times for action of the Subdi- Commission. (1)All design standards proposed by time as such a Street is extended, the other drainage. Easements shall be in diameter, 18 inches in length, and vider that may be established by the (f)Where the Subdivider owns prop- the Subdivider and set forth in this Ordi- acreage covered by the turn-around out- provided along each side of the center shall be inscribed with the registration Governing Body may be extended at the erty adjacent to that which is being nance,and all design data and require- side the boundaries of the extended line of any water course or drainage number of the land Surveyor making the discretion of the Governing Body upon proposed for the Subdivision,the Plan- ments for a proposed Subdivision are Street shall revert in ownership to the channel, whether or not shown on the Survey as prescribed in Minnesota Stat- request by the Subdivider. ning Commission may require that the subject to review by the City Engineer property owner fronting on the tempo- Comprehensive Municipal Plan,to a suf- utes-Chapter 505. All unmonumented (3)Any times specified in this Ordi- Subdivider submit a Sketch Plan of the for sufficiency in satisfying the require- rary turn-around. ficient width to provide proper mainte- quarter corners and section corners will nance for action of the Subdivider may remainder of the property so as to show ments of this Ordinance. Subd.G.Street Design. nance and protection and to provide for be set by the Washington County Sur- not be extended. the possible relationships between the (2)When conditions warrant design (1)Minimum Right-of-way widths and storm water ponding and run-off and in- veyor. All monuments referenced or 290-7. PRELIMINARY PLAT AND proposed Subdivision and future Sub- standard deviation from the Design pavement widths (face-to-face of curb) stallation and maintenance of storm shown on a Survey shall be placed on the PLAT REQUIREMENTS. division. Standards set forth in this Ordinance, for each type of public Street or Road sewers. Property. Subd. A. Data Required For The Subd.B.Data Required For The Plat. the City Engineer shall make written shall be as follows: (3)Dedication. Utility and drainage Subd.B.Streets. Preliminary Plat. (1)The Plat shall be prepared by a recommendations as to design require- Type of Street, Right-of-way Width, Easements shall be'dedicated by Plat or (1) Street Grading. Streets shall be (1)Identification and description land Surveyor who is registered in the ments that should be met. Roadway Width established by recordable Instruments graded in accordance with a plan ap- shall include: State of Minnesota and shall comply (3)When the Subdivider requests Thoroughfare,120 feet,As determined for the required use.In the latter case a proved by the Engineer. The grading (a)Proposed name of Subdivision, with the provisions of Minnesota State deviation from any Design Standard by traffic needs Certificate of Survey may also be re- shall include the entire width of the which name shall not duplicate or be Statutes and of this regulation. specified herein,the City Engineer shall Collector Street,66 feet,44 feet quired. Right-of-way and shall provide a Boule- alike in pronunciation of the name of (2)The Plat shall include signatures make written recommendations as to Commercial or Industrial Service Subd.M.Street Trees. yard section,in addition to the minimum any Plat theretofore recorded in the in recordable form of all persons having the design requirements that should be Street,80 feet,44 feet (1)Street trees shall not be less than pavement width. County. an interest in the property being platted. required of the Subdivider. Minor Street,60 feet,32 feet eighty (80) feet apart with a minimum (2) Street Pavement. The design of (b)Legal description of property. (3)Form for approval by signature of Subd. C. Conformity With The Corn- Marginal Access Street,50 feet,32 feet of one(1)per Lot.They shall be placed Street pavement for all Streets subject (c)Name and address of the record county officials concerned with the re- prehensive Municipal Plan. Cul-DeSac,60 feet turnaround radius, six (6) to twenty (20) feet inside the to this Ordinance shall be in accordance owner,and any agent having control of cording of the plat. The proposed Subdivision shall con- 50 feet turnaround radius property line and not in the boulevard. with the State of Minnesota Highway the land,Subdivider,land Surveyor,en- (a)Checked and approved this form to the Comprehensive Municipal (2)Where a Subdivision abuts or con- (2)The type or species of tree planted Department Road Design Manual Part gineer and designer of the Preliminary day of ,19 Plan and policies when adopted by the tains an existing Street of inadequate shall be approved by the City. Trees II for flexible pavements.The designed Plat. By City. width, sufficient additional width shall with root structures that are less likely thickness of the surfacing elements shall (d)Graphic scale not less than one(1) Washington County Surveyor Subd.D.Land Requirements. be provided to meet the above stan- to interfere with utility lines, break up be in accordance with the flexible pave- inch to one hundred(100)feet. (b)No delinquent taxes and transfer (1)Land shall be suited to the purpose dards. sidewalks, and cause other nuisance ment design standard for road classifi- (e)North Arrow and location map of entered this day of for which it is to be subdivided.No Sub- (3)Additional Right-of-way and Road- damage are desirable.Trees shall have cations as follows: area showing well-known geographical ,19 . division plan shall be approved if the way widths may be required to promote a trunk diameter (measured 12 inches Classification, Thoroughfare, Collec- points for orientation within a one-half By site is not suitable for purposes of the public safety and convenience when spe- above ground level)of not less than 13/4 tor Streets and Commercial or Indus- (1/2)mile distance from the perimeter. Washington County Auditor kind proposed by reason of potential cial conditions require it or provide inches and shall be planted in not less trial Service Streets;Minor Streets and (f)Date of preparation. By flooding, topography, or adverse earth parking space in areas of intensive use. than one(1)cubic yard of good growing Marginal Access Streets. (2)Existing conditions to be shown Deputy or rock formation. (4)Extensions of existing Streets with soil with a suitable amount of fertilizer. Pavement Design;Axle Load,9 Ton shall include: (4)Form of approval of the City. (2)Land that presents hazards to life, lesser Right-of-way than prescribed Approved multiple varieties shall be N18)or as determined by traffic needs; (a)Boundary lines shall be shown (a)Approved by the city of health or property shall not be Subdi- above,shall not be permitted. used alternately. Trees shall not be 7 Ton minimum. clearly and to such a degree of accuracy , Minnesota, vided for residential purposes until all (5)Restriction of Access. Access of planted within six(6)feet of any Ease- (3) Gravel Surface. Streets that will that conforms to the Plat in that no this day of such hazards have been eliminated or minor Streets onto state and county ment. be left as Gravel Streets on an interim major changes are necessary in prepar- _,19 . unless adequate safeguards against state aid highways shall not be at inter- Subd.N.Block Design. basis, will have a gravel surface and ing the Plat. Signed such hazards are provided by the Sub- vats of less than five hundred(500)feet. (1)Block length and width or acreage shall be designed so the base and sub- (b)Existing Zoning classifications for Mayor division plan. (6)Street Jog.Street jogs with center- within bounding Streets shall be such as base requirements as set forth in Minne- land in and abutting the Subdivision Attest (3)Erosion and sedimentation control line offsets of less than one hundred fifty to accommodate the size of Residential sota Department of Transportation within three hundred(300)feet. Clerk plans in accordance with the technical (150)feet shall not be allowed. Lots required in the area by the Zoning (MnDOT) Road Design Manual Part II (c)Approximate total acreage. (5)Recording information, including standards and specifications of the Soil (7)Deflection. When connecting Ordinance and to provide for convenient for flexible pavement are met. In all (d)Location,Right-of-way width,and Document Number, certified by the Conservation Service as provided by the Street lines deflect from each other at access,circulation control,and safety of cases at least the top six(6)inches of the names of existing or platted streets or County Recorder. Washington County Soil and Water Con- any one point by more than ten (10) Street traffic. Street surface shall be of Class 5 other public ways,parks and other pub- 290-8. MINOR SUBDIVISION PROCE- servation District Office, are required degrees, they shall be connected by a (2)In Blocks over nine hundred(900) crushed rock or a material as approved lic lands, permanent buildings and DURE. on slopes with grades of eighteen(18%) curve with a radius of not less than one feet long,ten (10) feet wide pedestrian by the Engineer. structures, easements, section lines, If an Application satisfying the percent or steeper. hundred(100)feet. crosswalks may be required through the (4)Soil Tests.To determine subgrade corporate and school district lines criteria of Section 290-5 is filed and if the (4)Proposed subdivisions shall be (8)Grades.Centerline gradients shall Blocks in locations deemed necessary to soil classifications,soil samples shall he within the Preliminary Plat and to a dis- criteria of Section 290-4. Subd. C. are coordinated with existing or proposed be at least 0.4 percent and shall not ex- public health and convenience.Suitable collected and analyzed by a testing • tance three hundred (300) feet beyond satisfied and the Governing Body deter- development in nearby municipalities or ceed the following: paving and fencing shall be provided. ra tory acceptable to the City.Reports of shall also be indicated. mines that Minor Subdivision is appro- neighborhoods so that the City as a Classification, Gradient (In Percent) (3)Blocks for Commercial and Indus- the soil analysis shall be submitted to (e)Location and size of existing sew- priate for the requested Subdivision,the whole may develop harmoniously. Thoroughfares and Collector Streets 5, trial areas may vary from the elements the Engineer with the pavement plans. ers,water mains,culverts or other un- procedure of Section 290-6 shall be fol- Subd.E.Street Plan. Minor Streets,Marginal Access Streets of design contained in this Section if the Soil samples shall be taken along the derground facilities within the Prelimi- lowed except as set forth in this Section (1)Proposed Streets shall conform to 8 nature of the use requires other treat- center line of the proposed road at inter`- nary Plat area and to a distance of three 290-8. the state road and county highway plans (9)Vertical Curves. Different connect- ment. In such cases,off-street parking vats not exceeding three hundred (300) hundred(300)feet beyond.Such data as Subd.A.Preliminary Survey. and City street plans as have been ing Street gradients shall be connected for employees and customers shall be feet. grades, and locations of catch basins, All references to"Preliminary Plat" prepared, adopted and/or filed as with vertical curves. Minimum length, provided along with safe and convenient (5)Curb and Gutter.A Concrete Curb manholes, hydrants, and street pave- in Section 290-6 shall be understood to prescribed by law. in feet,of these curves shall be forty(40) limited access to the Street system. and gutter shall be constructed on beth ment width and type, shall also be mean Preliminary Survey. (2)Streets shall be logically related to times the algebraic difference in the Space for off-street loading shall also be sides of Streets. The construction shall shown. Subd.B.Public Hearing And Notice. the topography so as to produce usable percent of grade of the two adjacent provided with similar access.Extension be in accordance with Standard Specifi- (f)Boundary lines of adjoining unsub- The public hearing and notice re- Lots and reasonable grades. slopes. of road or railroad Access Right-of-way, cation for Highway Construction, divided or Subdivided land,within three quired in Section 290-6,Subd.D.shall be (3)Access shall be given to all Lots (10)Angle of Intersection. The least and utilities shall be provided as neces- MnDOT Spec. No. 2531. Concrete Curb hundred (300) feet, identified by name discretionary with the Planning Corn- and portions of the tract in the Sub- angle formed by any intersecting of sary. and gutter cross-sections shall be and ownership,including all contiguous mission rather than mandatory. division, and to adjacent unsubdivided streets shall not be less than seventy- (5)Blocks shall be wide enough to al- MnDOT Design No. B618. Any other land owned or controlled by the Subdi- Subd.C.Certified Survey Or Registered parcels unless the topography clearly in- five(75)degrees with ninety(90)degree low two(2)tiers of Lots with a minimum form of Curb and Gutter must be ap- vider. Land Survey. dicates that such connection is not feasi- intersections preferred. depth as required by Zoning Ordinance proved by the Governing Body, (g)Topographic data, including con- All references to "Plat" in Section ble. Reserve strips, and land-locked (11)Size of Intersection. Intersections except adjoining a lake, stream, rail- (6) Boulevards. All Boulevards shall tours at vertical intervals of not more 290-6 shall be understood to mean Cer- areas shall not be created. of more than four (4) corners shall be road or Thoroughfare or where one tier have four (4) inches of top soil (black than two(2)feet except where the hori- tified Survey or Registered Land Survey (4)The arrangement of Streets in a prohibited. or Lots are necessary because of topo- dirt)placed and then be seeded or sod- zontal contour interval is one hundred for registered property, as applicable, new Subdivision shall make provision (12)Corner Radii. Roadways at Street graphic or other conditions. ded. (100)feet or more,a one(1)foot vertical and the formalities of Plat document for the appropriate continuation of the intersections shall be rounded by a ra- Subd.O.Lot Requirements. (7) Sidewalks and Pedestrian Ways. interval shall be shown.Water courses, preparation shall be understood to be existing streets in adjoining areas. dius of not less than fifteen (15) feet. (1) Side Lot lines shall be substan- All required walks shall be concrete four marshes,wooded areas,rock outcrops, satisfied by preparation and recording (5)Where adjoining areas are not sub- Roadways of Alley-Street intersections tially at right angles to straight Street (4)inches thick placed on a four(4)inch power transmission poles and lines,and with the Washington County Recorder divided,but may be subdivided,the ar- shall be rounded by a radius of not less lines or radial to curved Street lines or gravel base and comply with MnDOT other significant features shall also be the required Certified Survey or Regis- rangement of Streets in a new Sub- than six(6)feet.Corners at the entran- radial to lake or stream shores unless Standard Plate 7035) as amended. shown.U.S.G.S.datum shall be used for tered Land Survey as finally approved division shall make provision for the ces to the turn-around portions of Cul- topographic conditions necessitate a dif- Grades shall be as approved by the En- all topographic mapping. by the Governing Body. All other re- proper projection of Streets into adjoin- De-Sacs shall be rounded by a radius of ferent arrangement. gineer.Sidewalks shall be placed in the (h)A copy of all existing and proposed quirements shall be met. ing areas by carrying the new Streets to not less than fifteen(15)feet. (2)Each Lot shall front upon a public public Right-of-way. private restrictions (restrictive cove- Subd.D.Other Formalities. the boundaries of the new Subdivision at (13)Curb and Gutter.For Lots meeting Street. Subd.C.Public Utilities. nants)shall be submitted. The Governing Body may waive such appropriate locations. the limits of Section 290-12,Subd.A(5), (3) No Lot shall have less area or (1) Water Main. A minimum water (i)Percolation test and soil borings other formalities of review or document (6)Minor Streets shall be laid out to concrete curb and gutter shall be in- width than is required by the Zoning Or- main of eight(8) inch cast iron pipe or are required for each proposed Lot for requirements as it deems appropriate. discourage their use by through traffic. eluded as part of the required Street sur- dinance applying to the area in which it other approved pipe shall be required. r (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