HomeMy WebLinkAbout2011-06-02 - Planning Commission Agenda Packet (2)City of Corcoran, Minnesota
City of Corcoran
8200 County Road 116
Corcoran, MN 55340
763.420.2288
Adopted March 23, 2004
Updated June23, 2011
This `P a intention l blank.
Table of Contents
SECTION 910 - TITLE, PURPOSE AND INTENT ............................... ............................... 1
910.010 - Title ................................................................................ ............................... 1
910.020 - Purpose and Intent ....................................................... ............................... 1
910.030 - Relationship to Comprehensive Plan ........................... ............................... 2
910.040 - More Restrictive Provision to Apply ............................ ............................... 2
910.050 - Conformity With This Chapter Is Required ................. ............................... 2
910.060 - Separability ................................................................... ............................... 2
910.070 - Authority ....................................................................... ............................... 2
SECTION 915 - RULES AND DEFINITIONS ...................................... ............................... 1
915.010 - Rules of Word Construction ......................................... ............................... 1
915.020 - Definitions ..................................................................... ............................... 1
SECTION 920 - SUBDIVISION APPROVAL REQUIRED .................... ............................... 1
920.010 - Subdivision Approval Required ................................... ............................... 1
920.020 - Conveyance by Metes and Bounds ............................... ............................... 1
920.030 - Registered Land Surveys .............................................. ............................... 1
SECTION 925 - PREMATURE SUBDIVISION PROHIBITED ............. ............................... 1
925.010 - Premature Subdivision Prohibited .............................. ............................... 1
SECTION 930 - PRELIMINARY PLAT PROCEDURE ......................... ............................... 1
930.010 - Preliminary Plat Procedure .......................................... ............................... 1
930.020 - Application Requirements ............................................ ............................... 4
SECTION 935 - FINAL PLAT PROCEDURE ....................................... ............................... 1
935.010 - Final Plat Procedure ...................................................... ............................... 1
935.020 - Application Requirements ............................................ ............................... 2
SECTION 940 - OPEN SPACE AND PRESERVATION (OS &P) PLATS ............................. 1
940.010 - Purpose of Division ....................................................... ............................... 1
940.020 - Objectives of Division and Definitions ........................ ............................... 1
940.030 Application Types ........................................................ ............................... 2
940.040 - Procedure ...................................................................... ............................... 3
940.050 - Development Standards ............................................... ............................... 4
940.060 - Ownership of Common Areas .................................... ............................... 10
940.070 - Calculation of Base Density; Density Bonuses ......... ............................... 12
SECTION 945 - DESIGN STANDARDS ............................................... ............................... 1
945.010 - General Standards ......................................................... ............................... 1
945.020 - Lot Improvements ......................................................... ............................... 2
945.030 - Sidewalks and Trails ..................................................... ............................... 9
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945.040 - Drainage and Water Quality ....................................... ............................... 10
945.050 - Sewer and Water Facilities ......................................... ............................... 11
945.060 - Other Utilities .............................................................. ............................... 11
SECTION 950 - EROSION CONTROL ................................................. ............................... 1
950.010 - Erosion Control Plan ..................................................... ............................... 1
950.020 - Erosion Control Measures ............................................ ............................... 1
SECTION 955 - PARK DEDICATION ................................................. ............................... 1
955.010 - Statutory Authorization, Findings of Fact and Statement of Purpose ..... 1
955.020 - Required Dedication ..................................................... ............................... 2
SECTION 960 - DEVELOPMENT CONTRACT ................................... ............................... 1
960.010 - Purpose .......................................................................... ............................... 1
960.020 - Required Basic Improvements ..................................... ............................... 1
960.030 - Other Improvements Required .................................... ............................... 2
960.040 - Completion Of Basic Improvements ............................ ............................... 2
960.050 - Financial Guarantees ..................................................... ............................... 3
960.060 - Release and Expiration of Financial Guarantees ........ ............................... 3
960.070 - Performance Guarantee ................................................ ............................... 4
SECTION 965 - OFFICIAL MAPS ....................................................... ............................... 1
965.010
- Purpose .......................................................................... ............................... 1
965.020 -
Official Map Defined ...................................................... ............................... 1
965.030 -
Initiation of Proceedings ............................................... ............................... 1
965.040 -
Reference to Planning Commission ............................. ............................... 1
965.050 -
Notice And Hearing ....................................................... ............................... 1
965.060 -
Preparation and Filing of Maps .................................... ............................... 2
965.070
- Effect .............................................................................. ............................... 2
965.080
- Appeals .......................................................................... ............................... 3
SECTION 970 - ADMINISTRATION - VARIANCES ........................... ............................... 1
970.010
- Purpose .......................................................................... ............................... 1
970.020
- Board of Adjustments and Appeals .............................. ............................... 1
970.030
- Review Criteria .............................................................. ............................... 1
970.040
- Procedures .................................................................... ............................... 1
970.050
- Appeal of Council Ruling ............................................... ............................... 4
970.060
- Expiration ...................................................................... ............................... 4
SECTION 975 - ADMINISTRATION - VACATIONS OF RIGHTS -OF -WAY AND
EASEMENTS........................................................................................ ............................... 1
975.010 - Procedure ...................................................................... ............................... 1
975.020 - Filing .............................................................................. ............................... 1
975.030 - Public Hearing Required ............................................... ............................... 1
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SECTION 980 - ADMINISTRATION - APPEALS ................................ ............................... 1
980.010 - Board Designation ......................................................... ............................... 1
980.020 - Applicability ................................................................... ............................... 1
980.030 - Filing .............................................................................. ............................... 1
980.040 - Stay of Proceedings ....................................................... ............................... 1
980.050 - Procedure ...................................................................... ............................... 1
980.060 - Appeals from the City Council ...................................... ............................... 2
SECTION 985 - ENFORCEMENT AND PENALTIES .......................... ............................... 1
985.010 - Administration .............................................................. ............................... 1
985.020 - Enforcement .................................................................. ............................... 1
985.030 - Penalties ........................................................................ ............................... 2
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SECTION 910 - TITLE PURPOSE AND INTENT
910.010 - Title.
This Chapter shall be known as the "Corcoran Subdivision Ordinance" except as
referred to herein, where it shall be referred to as "this Chapter ".
910.020 - Purpose and Intent.
The intent of this Chapter is to protect and provide for the public health, safety,
morals, and general welfare of the City and its people, and specifically to achieve the
following purposes:
A. To implement the Comprehensive Plan;
B. To ensure that subdivisions are consistent with all applicable provisions of all
applicable plans, laws and regulations;
C. To establish standard requirements, conditions, and procedures for the design
and review of subdivisions;
D. To provide for the orderly subdivision of land, and to ensure proper legal
descriptions and monumentation of subdivided land;
E. To encourage the wise use and management of land and natural resources
throughout the City in order to preserve the integrity, stability, and natural
beauty of the community;
F. To ensure that adequate public infrastructure, facilities and services are
available concurrent with development;
G. To require subdividers to furnish land, install infrastructure, pay fees, and
establish mitigative measures to ensure that development provides its fair share
of capital facilities;
H. To encourage a beneficial relationship between the uses of land and circulation
of traffic throughout the City, and to provide for the proper location and design
of streets;
I. To prevent problems associated with inappropriately subdivided lands,
including premature subdivision, excess subdivision, partial or incomplete
subdivision, or scattered subdivision;
To assure that new subdivisions will contribute toward an attractive, orderly,
stable, livable, and safe community.
Section 910 (Title, Purpose and Intent) Page 1
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910.030 - Relationship to Comprehensive Plan.
It is the policy of the City of Corcoran that the enforcement, amendment, and
administration of this Chapter be accomplished consistent with the City's
Comprehensive Plan, as may be amended from time to time. The City Council
recognizes the Comprehensive Plan as the official policy for the regulation of land
use and development in accordance with the policies and purpose herein set forth.
In accordance with Minnesota Statutes Chapter 473, the City will not approve any
changes in these regulations that are not consistent with the City's Comprehensive
Plan.
910.040 - More Restrictive Provision to Apply.
Where the regulations imposed by any provisions of this Chapter are either more or
less restrictive than comparable regulations imposed by this Chapter, or any other
law, ordinance, rule, or regulation of the city, state, or federal government, the law,
ordinance, rule, or regulation which imposes the more restrictive condition,
standard, or requirement shall prevail.
910.050 - Conformity With This Chapter Is Required.
No land shall be divided, subdivided, or re- subdivided in a manner that does not
comply with the provisions of this Chapter.
910.060 - Separability.
It is hereby declared to be the intention of the City that the several provisions of this
Chapter are separable in accordance with the following:
Subd. 1. If any court of competent jurisdiction shall adjudge any provision of
this Chapter to be invalid, such judgment shall not affect any other
provisions of this Chapter not specifically included in said judgment.
Subd. 2. If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this Chapter to a particular property,
such judgment shall not affect the application of said provision to any
other property not specifically included in said judgment.
910.070 - Authority.
This Chapter is enacted pursuant to the authority granted by the Municipal Planning
Act, Minnesota Statutes, Chapter 462.351 to 462.365.
Section 910 (Title, Purpose and Intent) Page 2
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SECTION 915 - RULES AND DEFINITIONS
915.010 - Rules of Word Construction.
The terms and words used in this Chapter shall be interpreted as follows:
Subd. 1. The present tense includes the future tense.
Subd. 2. The words "shall" and "must" are mandatory; the word "may" and
"should" are permissive.
Subd. 3. The singular includes the plural, and the plural includes the singular.
Subd. 4. All measured distances expressed in feet shall be to the nearest one -
tenth of a foot.
Subd. 5. For terminology not defined in this Chapter, elsewhere in the City
Code, or in the Minnesota State Building Code, Merriam- Webster's
Collegiate Dictionary Tenth Edition shall be used to define such terms.
Subd. 6. If a conflict arises between the graphic illustrations presented in this
Chapter and the text of this Chapter, the text shall prevail.
915.020 - Definitions.
The following words and terms, wherever they occur in this Chapter, shall be
interpreted as herein defined:
Block: An area of land within a subdivision that is entirely bounded by streets, or by
a combination of streets, public lands, railroad rights -of -way, water bodies, or the
exterior boundary lines of the subdivision.
Boulevard: The portion of the street right -of -way between the curb line (or in the
absence of a curb, the improved roadway) and a lot line.
Centralized wastewater treatment system: A wastewater treatment system in
which wastewater is collected from many homes and treated at a single facility.
City Council: The governing body of the City of Corcoran, Hennepin County,
Minnesota.
City Engineer: The person designated by the City Administrator to be the City
Engineer for the City of Corcoran.
City Planner: Individual or firm so designated and authorized by the Corcoran City
Council.
Section 915(Rules and Definitions) Page 1
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Cul -de -sac: A local street with only one vehicular outlet, having an appropriate turn
around area at its terminus for the safe and convenient reversal of traffic.
Developable Area: The net land area available for development. Developable area
is based on the pre- development conditions of the site and is calculated as follows:
gross land area minus wetlands, areas below the 100 -year ordinary high water
elevation and right -of -way or easements for existing public streets.
Easement: A grant of one or more property rights by a property owner for use by
the public, a corporation, or another person or entity.
Engineering Design Standards: Standards adopted and amended from time to
time by resolution of the City Council which provide information and establish
standards, specifications and details for the construction of public and private
improvements, as on file with the City of Corcoran.
Individual Sewage Treatment System (ISTS): A wastewater treatment system
serving a dwelling or business using a septic tank or tanks and optional
pretreatment unit followed by a soil treatment and dispersal unit that discharges
below grade or other approved sewage treatment and disposal device.
Lot: A tract, plot, or portion of a subdivision or other parcel of land intended as an
individual unit for the purpose, either immediate or future, of transfer of ownership,
or possession, or for building development.
Lot of Record: A parcel of land whose existence, location and dimensions have been
legally recorded or registered in a deed or on a plat and recorded prior to the
effective date of this chapter, or a parcel of land approved by the City as a lot and
recorded subsequent to such date.
Lot, Base: A lot meeting all specifications in the zoning district prior to being
subdivided into a two - family dwelling, townhouse, or manor home subdivision.
Lot Division: Dividing a lot of record by placing new lot lines within its boundary,
resulting in the creation of additional lots.
Lot Rearrangement: Adjusting the lot lines between two or more lots of record,
resulting in the same number of lots.
Lot, Through: A lot fronting on two (2) parallel, as contrasted to intersecting,
streets.
Lot, Unit: A lot created from the subdivision of a base lot for two - family dwelling,
townhouse, or manor -home dwelling having different minimum lot size
requirements than the conventional base lots within the zoning district.
Section 915(Rules and Definitions) Page 2
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Metes and Bounds: A description of real property which is not described by
reference to a lot or block shown on a map, but is described by starting at a known
point and describing the bearings and distances of the lines forming the boundaries
of the property or delineating a fractional portion of a section, lot or area by
described lines or portions thereof.
Official Map: A map duly adopted by the City Council pursuant to the provisions of
Minnesota Statutes, Section 462.351 to 462.36.
Open Space and Preservation (OS &P) Plats Terms:
Temporary Open Space Land: Land that is undeveloped and is either
undevelopable or is held in reserve for a future date when urban services are
provided.
Preservation Area Dedication: Permanently dedicating easements on land
identified as meeting the natural resource standards identified by the City for
preservation at the time of its dedication or as identified in the
comprehensive plan as a natural area worthy of preservation.
Restoration Area Dedication: Permanently dedicated easements on land,
subject to a formal restoration plan, that at the time of its dedication is in the
process of being restored to a natural state as described in a natural resource
standard adopted by the City
Development Reserve: Land, temporarily restricted by a covenant, but
which may be eligible for development once urban services are provided to
the site.
Natural Resource Standard Adopted by the City: Refers to a description of
the desired condition of land with respect to drainage, natural contours, and
natural vegetation suited to the location. Standards address capability to
sustain diverse wildlife and to provide an esthetically pleasing presentation
that is considered an asset to the community in which it is located. Standards
consider sustainability and active or passive maintenance requirements
associated with use and may be changed from time -to -time in keeping with
best practices.
Natural Resources Areas: those lands which contain wetlands, woodlands,
forested areas, stands of trees, and prairies.
Temporary Wastewater Treatment: Use of a restricted site, on or off the
premises of the wastewater generating building(s), for the treatment and
disposal of wastewater until such time when urban services are provided.
Section 915(Rules and Definitions) Page 3
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Greenway Corridor Land: Land located in the mapped boundary identified
as such on the 2030 Comprehensive Plan Natural Resource Map.
Upland: land not classified as a wetland or water body and is generally dry.
Outlot: A parcel of land subject to future platting prior to development, or a parcel
of land which is designated for public or private open space, right -of -way, utilities or
other similar purpose.
Parcel: An individual lot or tract of land.
Planning Commission: The Planning Commission of the City of Corcoran except
when otherwise designated.
Plat: The drawing or map of a subdivision prepared pursuant to Minnesota Statute
Chapter 505 and containing all elements or requirements of this Chapter.
Plat, Final: A plat to be presented to the City Council for approval and which, if
found to be consistent with the approved preliminary plat, may be duly filed with
the county registrar of deeds.
Plat, Preliminary: A plat submitted to the City for preliminary consideration and
approval.
Public Improvement: Any sewer pipe, water pipe, drainage ditch, roadway,
parkway, sidewalk, trail, tree, lawn, off - street parking area, lot improvement or
other facility for which the City may ultimately assume the responsibility for
maintenance and operation.
Record Plans: A final set of engineering plans that provide accurate and complete
information pertaining to the location, construction, and materials used in the
construction of streets, utilities, and other improvements. The plans shall
incorporate and include all changes and revisions to the final set of approved
construction plans that are made during construction as well as other pertinent
information.
Replat: The platting of an area that was previously platted.
Right -of -way: Land acquired by reservation or dedication intended for public use,
and intended to be occupied or which is occupied by a street, trail, railroad, utility
lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or other similar
uses.
Street: A public right -of -way for vehicular traffic, whether designated as a highway,
thoroughfare, arterial, parkway, collector, through way, road, avenue, boulevard,
lane, place, drive, court or otherwise designated, which has been dedicated or
Section 915(Rules and Definitions) Page 4
June 23, 2011
deeded to the public for public use and which affords principal means of access to
abutting property.
Street, Improved: A public roadway that has a paved or gravel surface.
Subdivider: Any person commencing an application proceeding under this Chapter
to effect a division, consolidation, rearrangement, subdivision or re- subdivision of
land. A subdivider is the owner of the land or an individual representing the
landowner who has express written authority to act on behalf of the owner.
Subdivision: Any division or rearrangement of land, except for those separations:
A. Where all the resulting parcels, tracts, lots or interests will be 20 acres or larger
in size and 500 feet in width for residential uses and 5 acres or larger in size for
commercial and industrial uses;
B. Creating cemetery lots;
C. Resulting from court orders or the adjustment of a lot line by the relocation of a
common boundary.
Tract: A unit of land described by letter in a registered land survey.
Traffic Calming: Street design techniques which are put in place to reduce vehicle
speeds, improve safety, or discourage through traffic on residential streets.
Examples may include narrow street width, curvilinear streets, raised intersections
and crosswalks, speed humps, traffic circles, neck - downs, medians and islands,
pedestrian treatments or streetscaping.
Zoning Administrator: The person designated by the City Administrator to be the
Zoning Administrator for the City of Corcoran.
(Ord. 224, passed 10- 27 -05, Ord. 226, passed 01- 26 -06)
Section 915(Rules and Definitions) Page 5
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Section 915(Rules and Definitions) Page 6
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SECTION 920 - SUBDIVISION APPROVAL REQUIRED
920.010 - Subdivision Approval Required.
Subdivision approval in compliance with the provisions of this Chapter shall be
required for the separation of an area, parcel, or tract of land under single
ownership into 2 or more parcels, lots, tracts, or long -term leasehold interests. The
City will withhold building permits from properties created under state, federal or
judicial preemption if such properties do not meet the minimum development
standards of the City.
920.020 - Conveyance by Metes and Bounds.
All property conveyances must be made by plat, except property divisions by metes
and bounds may be allowed for those separations where all the resulting parcels,
tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for
residential uses and 5 acres or larger in size for commercial and industrial uses.
These subdivisions are exempted by State Statute.
920.030 - Registered Land Surveys.
All registered land surveys shall be filed subject to the same procedures as required
for the filing of a preliminary plat for platting purposes. The standards and
requirements set forth in this Chapter shall apply to all registered land surveys. A
registered land survey shall not be used to divide a parcel of land into lots for the
purpose of transfer of ownership or building development if any of the tracts would
not have the required frontage on a dedicated and improved public street.
(Ord. 226, passed 01- 26 -06)
Section 920(Subdivision Approval Required) Page 1
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Section 920(Subdivision Approval Required) Page 2
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SECTION 925 - PREMATURE SUBDIVISION PROHIBITED
925.010 - Premature Subdivision Prohibited.
Any proposed subdivision deemed premature for development shall not be
approved by the City Council. A subdivision shall be deemed premature if the
Council determines that any of the following conditions exist. The burden of proof
shall be upon the subdivider to show that the proposed subdivision is not
premature.
Subd. 1. Inconsistent with the Comprehensive Plan. A proposed subdivision
may be deemed premature if it is inconsistent with the purposes,
objectives, development staging plan, or recommendations of the
City's Comprehensive Plan, as may be amended. Application for
reguiding and /or rezoning may be made simultaneously with an
application for subdivision approval, however, a subdivision
application will not be considered for approval by the City Council
until and unless any necessary reguiding and /or rezoning application
is approved by the Council.
Subd. 2. Inconsistent with the Capital Improvements Program. A proposed
subdivision may be deemed premature if it is inconsistent with the
capital improvements program because public improvements,
facilities, or services necessary to accommodate the proposed
subdivision would not be completed within two years of the date of
application.
Subd. 3. Lack of Adequate Water Supply. A proposed subdivision shall be
deemed to lack adequate water supply if the proposed subdivision
does not have adequate sources of water to serve the proposed
subdivision if developed to its maximum permissible density without
causing an unreasonable depreciation of existing water supplies for
surrounding areas. Within the urban service boundary, a proposed
subdivision may be deemed premature if public water is not available
to serve the proposed subdivision.
Subd. 4. Lack of Adequate Waste Disposal Systems. A proposed subdivision
shall be deemed to lack adequate waste disposal if there is inadequate
on -site sewer capacity to support the subdivision if developed to its
maximum permissible density.
Within the urban service boundary, a proposed subdivision may be
deemed premature if:
A. Sanitary sewer is neither available nor proposed; or
Section 925(Premature Subdivision Prohibited) Page 1
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B. Available or proposed sanitary sewer is inadequate to support the
subdivision if developed to its maximum permissible density after
reasonable sewer capacity is reserved for schools, public facilities,
and other developments planned within five years of the date of
application.
Subd. S. Lack of Adequate Streets to Serve the Subdivision. A proposed
subdivision may be deemed premature if:
A. Streets which serve the proposed subdivision are of such a width,
grade, stability, vertical and horizontal alignment, site distance or
surface condition that the traffic volume generated by the
proposed subdivision would create a hazard to public safety and
general welfare, or would seriously aggravate an existing
hazardous condition; or
B. The traffic volume generated by the proposed subdivision would
create congestion or unsafe conditions on existing or proposed
streets.
Subd. 6. Lack of Adequate Drainage. A proposed subdivision may be deemed
premature if:
A. Surface or subsurface water retention and runoff is such that it
constitutes a hazard to the stability of proposed or existing
structures; or
B. The proposed subdivision would cause pollution of water sources
or would cause damage from erosion or siltation on downstream
property; or
C. Factors including, but not limited to, the presence of floodplain,
poor soils or subsoils, or steep slopes exist in such a manner as to
preclude adequate site drainage or treatment of runoff.
Subd. 7. Inconsistent with Environmental Requirements. A proposed
subdivision may be deemed premature if it is inconsistent with the
rules and policies of the Minnesota Environmental Quality Board, as
may be amended, and could adversely impact critical environmental
areas, or potentially disrupt or destroy, in violation of State historical
preservation laws, historic areas which are designated or officially
recognized by the City Council.
Subd. 8. Burden of Proof. The burden shall be on the applicant to show that
the proposed subdivision or development has adequate public
facilities and is not premature.
Section 925(Premature Subdivision Prohibited) Page 2
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(Ord. 226, passed 01- 26 -06)
Section 925(Premature Subdivision Prohibited) Page 3
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Section 925(Premature Subdivision Prohibited) Page 4
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SECTION 930 - PRELIMINARY PLAT PROCEDURE
930.010 - Preliminary Plat Procedure.
An application for a preliminary plat shall be approved or denied pursuant to
Minnesota Statutes, Chapter 462.358.
Subd. 1. Filing. A preliminary plat application shall be filed with the Zoning
Administrator on an official application form. The application shall be
accompanied by the fee as set forth in the City Code. The application
shall also be accompanied by detailed written and graphic materials,
the number and size as prescribed by the Zoning Administrator, fully
describing the proposed plat, together with a set of mailing labels of
all property owners located within 350 feet of the site in a format
prescribed by the Zoning Administrator. The application shall be
considered as being officially submitted and complete when the
subdivider has complied with all the specified submittal
requirements, as described in this Section. If the subdivision requires
any variances from the provisions of this Chapter, an application
pursuant to Section 970 of this Chapter shall also be submitted before
the preliminary plat application shall be deemed complete.
Subd. 2. Staff Analysis. Upon receiving a complete application, as determined
by staff review, the Zoning Administrator shall refer copies of the
preliminary plat to the City staff and other applicable public agencies
as needed in order to receive written comments. Preliminary plats
including land abutting an existing or proposed trunk highway and /or
highway under county jurisdiction shall also be submitted to the
Minnesota Commissioner of Transportation and /or the Hennepin
County Transportation Planning Division as required by state law, at
least thirty days prior to City action on the preliminary plat. The
Zoning Administrator shall instruct the appropriate staff person to 1)
coordinate an analysis of the application, 2) prepare technical reports,
and 3) assist in preparing a recommendation to the Planning
Commission and City Council.
Subd. 3. Public Hearing Notice. Upon completion of staff's analysis of the
application, the Zoning Administrator, when required, shall set a
public hearing date for an upcoming Planning Commission meeting.
Notice of the hearing, including a description of the request and the
legal description of the property, shall be published in the City's
Official Newspaper at least 10 days prior to the hearing. Written
notification of the hearing shall also be mailed to all property owners
located within 350 feet of the site at least 10 days prior to the hearing.
Failure of a property owner to receive mailed notice or defects in the
notice shall not invalidate the proceedings.
Section 930 (Preliminary Plat Procedure) Page 1
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Subd. 4. Planning Commission Consideration. The Planning Commission
shall consider a preliminary plat application, as follows:
A. The Planning Commission shall review the preliminary plat and
conduct the official public hearing.
B. The subdivider or representatives thereof may appear before the
Planning Commission to present information and answer
questions concerning the proposal.
C. The Planning Commission and staff shall have the authority to
request additional information from the subdivider concerning the
proposal, as deemed necessary to formulate a recommendation on
the proposal.
D. The Planning Commission shall recommend approval of the
preliminary plat if it in all ways conforms to the City's
Comprehensive Plan, Zoning Ordinance, this Chapter and all
Chapters of the City Code. The Commission shall recommend
denial of the preliminary plat if it makes any of the following
findings:
1. That the proposed subdivision is in conflict with the City's
Comprehensive Plan, Zoning Ordinance, Capital Improvements
Program, or other policy or regulation, except as such
regulations may be modified within a duly approved planned
unit development (PUD).
2. That the proposed subdivision is in conflict with the purpose
and intent of this Chapter.
3. That the physical characteristics of the site are such that the
site is not suitable for the type of development or use
contemplated. Such physical characteristics may include
topography, vegetation, susceptibility to erosion and siltation,
susceptibility to flooding, water storage and retention and
other similar characteristics.
4. That the site is not physically suitable for the intensity or type
of development or use contemplated.
5. That the design of the subdivision or the proposed
improvements are likely to cause substantial and irreversible
environmental damage.
Section 930 (Preliminary Plat Procedure) Page 2
June 23, 2011
6. That the design of the subdivision or the type of improvements
will be detrimental to the health, safety, or general welfare of
the public.
7. That the design of the subdivision or the type of improvement
will conflict with easements on record or with easements
established by judgment of a court.
8. That the subdivision is premature as determined by the
standards of Section 508 of this Chapter.
Subd. S. City Council Consideration. The City Council shall consider a
preliminary plat application, as follows:
A. Upon receiving the reports and recommendations of the Planning
Commission and staff, the City Administrator shall schedule the
application for City Council consideration. The Council shall have
the option of receiving additional testimony on the matter if they
so choose.
B. The Council shall either approve or deny the application.
C. Approval of a preliminary plat shall require passage by a majority
vote of the entire City Council. Such approval shall constitute
general acceptance of the layout, but shall not constitute final
acceptance of the subdivision. Subsequent approval of a final plat
will be required before recording of the plat. The Council may
require plan revisions and may impose conditions upon approval,
as deemed necessary to protect the health, safety, and general
welfare of the City.
D. If a preliminary plat is denied by the City Council, the reasons for
such action shall be recorded in the Council proceedings and
transmitted to the applicant within 60 days.
Subd. 6. Effect of Approval. For one year following preliminary plat approval,
unless the subdivider and City agree otherwise, no amendment to the
Comprehensive Plan or other official controls shall apply to or affect
the use, development density, lot size, or lot layout that was approved.
Subd. 7. Effect of Denial. If a preliminary plat application is denied by the City
Council, the Planning Commission or City Council shall not consider a
similar application for a preliminary plat affecting substantially the
same property again for at least 6 months from the date of its denial.
Section 930 (Preliminary Plat Procedure) Page 3
June 23, 2011
Subd. 8. Expiration of Preliminary Plat Approval. Unless the City Council
specifically approves a different time period, the approval of a
preliminary plat shall expire one year from the date it was approved,
unless the applicant has filed a complete application for approval of a
final plat; or, unless before expiration of the one year period, the
applicant submits a written request for an extension thereof. Such
request for an extension shall include the following: 1) an explanation
for why a final plat has not been applied for, 2) what, if any, good faith
efforts have been made to complete the platting process, and 3) the
anticipated completion date. The Zoning Administrator may approve
up to 2 such extensions of not more than one additional year per
extension.
930.020 - Application Requirements.
The materials, information, and drawings required for submission of a preliminary
plat application are listed in this section. In order for a preliminary plat application
to be deemed complete, it shall include or have attached thereto all materials,
information, and drawings listed in this section.
Subd. 1. Application Form. The subdivider shall submit an official application
form, as provided by the City, including the following information:
A. Location, address (if assigned), legal description, and Hennepin
County property identification number (P.I.N.) of all parcels
included within the proposed plat.
B. Name, address, telephone number, and signature of the subdivider
and all persons currently having an ownership interest in the
parcels comprising the proposed plat.
C. Written description that provides information about the proposed
plat including, but not limited to, number of lots, development
type, and anticipated completion date. Such description may be
provided on a separate sheet of paper that is attached to the
application form.
Subd. 2. Other Written Materials. The application form shall be
accompanied by, or address, the following written materials:
A. Estimated lot sizes for all lots and outlots in tabular form.
B. Written verification that all commonly owned contiguous land is
included in the plat.
C. A wetland report by a Certified Wetland Specialist.
Section 930 (Preliminary Plat Procedure) Page 4
June 23, 2011
Subd. 3. Fees and Cash Deposits. The fees shall accompany the application
form as set forth in the Corcoran City Code. The applicant shall also
deposit with the City the estimated cost of any consultant review of
the preliminary plat that may be necessary to determine compliance
with this Chapter or with the City's Comprehensive Plan, including but
not limited to planning, engineering or traffic studies.
Subd. 4. Drawings, General Requirements.
A. Drawings must meet all following specifications:
1. Beata scale of one inch equals fifty feet (1" = 50') or less using
an engineer's scale only. All plan sheets shall be prepared
using the same scale.
2. Be on paper not exceeding 24 -inch by 36 -inch.
3. Include a title, and north point indication, the name and
address of the subdivider, and the name and address of the
designer of the drawing.
4. Include a signature of the person who prepared the drawing,
together with any registration number or other professional
certification number or title.
S. Provide the date of preparation and any revisions thereto.
B. The subdivider shall provide complete full -sized (24 -inch by 36-
inch) assembled sets of the drawings that are collated, stapled and
rolled, the number of which shall be determined by the Zoning
Administrator.
C. The subdivider shall provide complete assembled sets of the
drawings reduced to 11 -inch by 17 -inch, the number of which
shall be determined by the Zoning Administrator.
D. The subdivider shall provide one copy of the preliminary plat at a
scale of one inch equals two hundred feet (1" = 200').
E. The subdivider shall submit electronic files of the drawings in a
manner specified by the City in the Engineering Design Standards.
The applicant may appeal directly to the City Council for a waiver
of this requirement for subdivisions resulting in three or fewer
parcels. No waiver shall be granted under this subsection unless
the Council finds that the applicant and his surveyor do not have
Section 930 (Preliminary Plat Procedure) Page 5
June 23, 2011
ready, economical access to the technology required to comply
with the electronic filing requirement.
Subd. S. Drawings, Existing Conditions. The application form shall be
accompanied by drawings and information indicating the following:
A. An accurate certified survey of the proposed plat, current within
one year, showing existing conditions and providing the current
legal descriptions of all parcels within the proposed plat.
B. Floodplain and shoreland district boundaries within the proposed
plat.
C. Gross acreage and net acreage of the proposed plat, computed to
one -tenth of an acre.
D. Location, width, and name of all existing streets, public ways,
parks, and other public lands (including permanent structures),
railroads, utility rights -of -way, corporate lines, and easements
within the proposed plat, and to a distance of 100 feet beyond the
boundary lines of such plat.
E. Location and size of all existing buildings, as well as all sewers,
watermains, culverts and other underground facilities (public and
private) within the proposed plat, and to a distance of 100 feet
beyond the boundary lines of such plat. Data such as grades, rim
and invert elevations, locations of catch basins and manholes, and
fire hydrants shall also be provided.
F. Topography in 2 -foot contour intervals within the proposed plat,
and to a distance of 100 feet beyond the boundary lines of such
plat.
G. Water courses, wetlands, marshes, wooded areas, rock outcrops,
power transmission poles and lines, and other significant features
within the proposed plat, and to a distance of 100 feet beyond the
boundary lines of such plat.
H. Boundary lines and ownership of all adjoining land within 100
feet.
I. Existing guiding and zoning classifications for land within, and
abutting, the proposed plat.
J. Tree inventory identifying the trees to be removed or preserved.
Section 930 (Preliminary Plat Procedure) Page 6
June 23, 2011
K. Soil borings and percolation tests, as may be required by the
Building Official or City Engineer.
Subd. 6. Drawings, Preliminary Plans. The application form shall be
accompanied by drawings and information indicating the following:
A. Preliminary plat, including the following:
1. Name of the proposed plat.
2. Layout of all proposed lot lines, together with the number, size,
and preliminary dimensions, including the width of the lots at
the front setback line.
3. Layout of all proposed streets, including those required in
accordance with the City's Comprehensive Plan, showing right -
of -way widths, pavement widths, center line gradients, typical
cross sections, street drainage systems, and proposed street
names pursuant to the City's street naming system.
4. Location and width of all proposed sidewalks, trails, pedestrian
ways, and fire lanes.
5. Location, dimensions, and purpose of all easements.
6. Minimum building setback lines.
7. Areas other than streets, sidewalks, trails, pedestrian ways,
and utility easements intended to be dedicated or reserved for
private or public use, including the size of such area(s).
8. Floodplain and shoreland district boundaries within the
proposed plat.
9. Proposed guiding and zoning classifications if the plat
application includes a reguiding and /or rezoning request.
10. A tentative plan for future platting, if the proposed plat
includes any areas intended for future re- subdivision.
B. Preliminary grading and erosion control plan for the proposed
plat, including the following:
1. Lot and block numbers, building pad locations, building style
and proposed building pad elevations at the lowest floor and
garage slab for each lot.
Section 930 (Preliminary Plat Procedure) Page 7
June 23, 2011
2. Topography in 2 -foot contour intervals, with existing contours
shown as dashed lines and proposed contours shown as solid
lines. Existing topography shall extend 100 feet beyond the
borders of the proposed plat. For lots greater than 3 acres, the
Council may waive this topography requirement.
3. Location of all existing natural features on the tract including,
but not limited to, tree lines, wetlands, ponds, lakes, streams,
drainage channels, bluffs, steep slopes, etc.
4. Location of all existing and proposed storm sewer facilities,
including pipes, manholes, catch basins, ponds, swales, and
drainage channels within 100 feet of the proposed plat. Pipe
type and size, pipe grades, rim and invert elevations, and
normal high water elevations shall be included.
S. Flood elevations and locations if the plat is located within, or
adjacent to, a 100 -year flood plain.
6. Spot elevations at drainage break points and directional
arrows indicating site and swale drainage.
7. Locations, grades, and rim invert elevations of all storm sewer
facilities, including ponds, proposed to serve the plat.
8. Locations and elevations of all street high and low points.
9. Street grades.
10. Phasing of grading.
11. Location of all easements, including oversize or non - typical
easements.
12. An erosion control plan, pursuant to Section 950 of this
Chapter.
C. Preliminary utility plan for the proposed plat, including the
following:
1. Location, dimensions, and purpose of all easements.
2. Location, type, size, grades, and rim and invert elevations of
existing and proposed sanitary sewer, storm sewer, water
mains, culverts, catch basins, manholes, hydrants, and other
Section 930 (Preliminary Plat Procedure) Page 8
June 23, 2011
similar facilities within the proposed plat and to a distance of
100 feet beyond the plat.
3. Schematic storm sewer, sanitary sewer, and water layouts,
illustrating invert and top rim elevations, proposed gradients,
direction of flow, hydrant locations, and drainage areas.
4. Where applicable, a report prepared by a MPCA certified and
licensed individual on the feasibility of individual on -site sewer
and water systems on each lot and shall include soil boring
analysis and percolation tests to verify conclusions, and other
necessary information as regulated by State and City
regulations. The report and findings shall be subject to review
and approval by the City Building Official.
D. Tree preservation plan for the proposed plat. The plan shall
identify the location and type of trees and all existing trees to be
preserved. Such plan shall also include proposed locations and
details of tree protection fencing to be installed for all trees to be
preserved.
E. Other drawings required for the proposed plat, as follows:
1. Source of water supply.
2. Provisions for sewage disposal, drainage and flood control.
3. Location of proposed street lights, as well as the utilities of
electricity, gas, telephone, and CATV.
4. A general landscaping plan showing plantings, berms, fences,
walls, sidewalks and trails, and any subdivision signage.
S. For plats containing one- or two - family dwellings, the location
on each lot where an attached or detached garage containing at
least one parking stall could be built within ordinance
standards, if the principal structure is to be built without a
garage.
Section 930 (Preliminary Plat Procedure) Page 9
June 23, 2011
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Section 930 (Preliminary Plat Procedure) Page 10
June 23, 2011
SECTION 935 - FINAL PLAT PROCEDURE
935.010 - Final Plat Procedure.
An application for a final plat shall be approved or denied Pursuant to Minnesota
Statutes, Chapter 462.358.
Subd. 1. Compliance with Preliminary Plat. A final plat application shall be
in substantial compliance with the approved preliminary plat,
including any required modifications thereto.
Subd. 2. Filing. A final plat application shall be filed with the Zoning
Administrator on an official application form. The application shall be
accompanied by the fee as set forth in the City Code. The application
shall also be accompanied by detailed written and graphic materials,
the number and size as prescribed by the Zoning Administrator, that
describes the final plat. The application shall be considered as being
officially submitted and complete when the subdivider has complied
with all the specified submittal requirements, as described in this
Section.
Subd. 3. Staff Analysis. Upon receiving a complete application, as determined
by staff review, the Zoning Administrator shall refer copies of the final
plat to the City staff and other applicable public agencies as needed in
order to receive written comments. The Zoning Administrator shall
instruct the appropriate staff person to 1) coordinate an analysis of
the application, 2) prepare technical reports and coordinate
preparation of the development contract, and 3) assist in preparing a
recommendation to the City Council.
Subd. 4. City Council Consideration. The City Council shall consider a final
plat as follows:
A. Upon receiving the reports and recommendations of the staff, the
City Administrator shall schedule the application for City Council
consideration. The Council shall have the option of receiving
additional testimony on the matter if they so choose.
B. The City Council shall either approve or deny the application.
C. Approval of a final plat and any related development contract shall
require passage by a majority vote of the entire City Council. The
Council may require such revisions in the final plat as it deems
necessary for the health, safety, general welfare and convenience
of the City.
Section 940 (Open Space and Preservation Plats) Page 1
June 23, 2011
D. If a final plat is denied by the City Council, the reasons for such
action shall be recorded in the Council proceedings and
transmitted to the applicant within 60 days.
Subd. S. Recording of Final Plat. If the final plat is approved and signed by
the Mayor and City officials, the subdivider shall record the final plat
with the County Recorder or the Registrar of Titles. No changes,
erasures, modifications or revisions shall be made in any final plat
after approval has been given by the City Council and endorsed in
writing on the plat.
Subd. 6. Effect of Approval. For 2 years following final plat approval, unless
the subdivider and City agree otherwise, no amendment to the
Comprehensive Plan or other official controls shall apply to or affect
the use, development density, lot size, or lot layout that was approved.
Subd. 7. Expiration of Final Plat Approval. Unless the City Council
specifically approves a different time period, the approval of a final
plat shall expire 2 years from the date it was approved, unless the
applicant has recorded the final plat with Hennepin County; or, unless
before expiration of the 2 -year period, the applicant submits a written
request for an extension thereof. Such request for an extension shall
include the following: 1) an explanation for why a final plat has not
been filed, 2) what, if any, good faith efforts have been made to
complete the platting process, and 3) the anticipated completion date.
The Zoning Administrator may approve one such extension for a term
not to exceed one additional year.
935.020 - Application Requirements.
The materials, information, and drawings required for submission of a final plat
application are listed in this section. In order for a final plat application to be
deemed complete, it shall include or have attached thereto all materials,
information, and drawings listed in this section.
Subd. 1. Application Form. The subdivider shall submit an official application
form, as provided by the City, including the following information:
A. Location, address (if assigned), legal description, and Hennepin
County property identification number (P.I.N.) of all parcels
included within the proposed plat.
B. Name, address, telephone number, and signature of the subdivider
and all persons currently having an ownership interest in the
parcels comprising the proposed plat.
Section 940 (Open Space and Preservation Plats) Page 2
June 23, 2011
C. Written description that indicates compliance with the approved
preliminary plat and all related conditions of approval thereto. If
the proposed final plat varies from the approved preliminary plat,
the nature and extent of the variation must be described. Such
description may be provided on a separate sheet of paper that is
attached to the application form.
Subd. 2. Other Written Materials. The application form shall be
accompanied by, or address, the following written materials:
A. Three specification books for construction of public
improvements.
B. Cost estimates for grading and all public improvements.
C. Lot sizes for all lots and outlots in tabular form.
D. A copy of any proposed homeowners association documents,
private covenants or deed restrictions.
Subd. 3. Fees and Deposits. The fees shall accompany the application form as
set forth in the Corcoran City Code. The applicant shall also deposit
with the City the estimated cost of any consultant review of the final
plat that may be necessary to determine compliance with this Chapter
or with the City's Comprehensive Plan, including but not limited to
planning, engineering or traffic studies.
Subd. 4. Drawings, General Requirements.
A. Drawings must meet all following specifications:
Be at a scale of one inch equals fifty feet (1" = 50') or less using an
engineer's scale only.
2. Be on paper not exceeding 24- inches by 36- inches.
3. Include a title, and north point indication, the name and address of
the subdivider, and the name and address of the designer of the
drawing.
4. Include a signature of the person who prepared the drawing,
together with any registration number or other professional
certification number or title.
5. Provide the date of preparation and any revisions thereto.
Section 940 (Open Space and Preservation Plats) Page 3
June 23, 2011
B. The subdivider shall provide complete full -sized (24- inches by 36-
inches) assembled sets of the drawings that are collated and stapled,
the number of which shall be determined by the Zoning
Administrator.
C. Reductions: The subdivider shall provide complete, assembled sets of
the drawings reduced to 11- inches by 17- inches, the number of which
shall be determined by the Zoning Administrator.
D. The subdivider shall provide one copy of the final plat at a scale of one
inch equals two hundred feet (1" = 200').
E. The subdivider shall submit electronic files of the drawings in a
manner specified by the City in the Engineering Design Standards.
The applicant may appeal directly to the City Council for a waiver of
this requirement for subdivisions resulting in three or fewer parcels.
No waiver shall be granted under this subsection unless the Council
finds that the applicant and his surveyor do not have ready,
economical access to the technology required to comply with the
electronic filing requirement.
Subd. 5. Drawings, Existing Conditions. The application form shall be
accompanied by drawings and information indicating the following:
A. An accurate certified survey of the proposed plat, current within
one year of the date of application, showing existing conditions
and providing the current legal descriptions of all parcels within
the proposed plat.
B. Floodplain and shoreland district boundaries within the proposed
plat.
C. Gross acreage and net acreage of the proposed plat, computed to
one -tenth of an acre.
D. Location, width, and name of all existing streets, public ways,
parks, and other public lands (including permanent structures),
railroads, utility rights -of -way, corporate lines, and easements
within the proposed plat, and to a distance of 100 feet beyond the
boundary lines of such plat.
Subd. 6. Drawings, Final Plans. The application form shall be accompanied
by drawings and information indicating the following:
A. Final plat, including the following:
Section 940 (Open Space and Preservation Plats) Page 4
June 23, 2011
1. Name of the proposed plat.
2. Layout of all proposed lot lines with dimensions, and lot and
block numbers.
3. Layout of all proposed streets, showing right -of -way widths
and street names pursuant to the City's street naming system.
4. Location, dimensions, and purpose of all easements.
5. Areas other than streets, sidewalks, trails, pedestrian ways,
and utility easements intended to be dedicated or reserved for
private or public use, including the size of such area(s).
6. Certification by a registered surveyor, as required by
Minnesota Statutes, Section 505.03, as may be amended.
7. Space for signatures of all owners of any interest in the land
and holders of a mortgage thereon, in the format prescribed by
Hennepin County.
8. Space for certificates of approval to be filled in by the
signatures of the Mayor and City Engineer, together with space
for the attestation of such signatures by the City Clerk.
9. Space for certificates of approval and review, in the format
prescribed by Hennepin County.
B. Final grading and drainage plan for the proposed plat, including
the following:
1. Lot and block numbers, building pad locations, building style
and proposed building pad elevations at the lowest floor and
garage slab for each lot.
2. Topography in two -foot contour intervals, with existing
contours shown as dashed lines and proposed contours shown
as solid lines. Existing topography shall extend 100 feet
beyond the borders of the proposed plat.
3. Location of all existing natural features on the tract including,
but not limited to, tree lines, wetlands, ponds, lakes, streams,
drainage channels, bluffs, steep slopes, etc.
4. Location of all existing and proposed storm sewer facilities,
including pipes, manholes, catch basins, ponds, swales, and
Section 940 (Open Space and Preservation Plats) Page 5
June 23, 2011
drainage channels within 100 feet of the proposed plat. Pipe
type and size, pipe grades, rim and invert elevations, and
normal and high water elevations shall be included.
S. Flood elevations and locations if the plat is located within, or
adjacent to, a 100 -year flood plain.
6. Spot elevations at drainage break points and directional
arrows indicating site and swale drainage, and emergency
overflow locations, elevations and routes.
7. Locations, grades, and rim invert elevations of all storm sewer
facilities, including ponds and rain gardens, proposed to serve
the plat.
8. Locations and elevations of all street high and low points.
9. Street grades.
10. Phasing of grading.
11. Benchmark elevations.
12. Location and elevation of all retaining walls.
13. Location of all easements, including oversize or non - typical
easements.
14. An erosion control plan, pursuant to Section 9S0 of this
Chapter.
C. Final utility plan for the proposed plat, including the following:
1. Location, dimensions, and purpose of all easements.
2. Location, size, grades, and rim and invert elevations of existing
and proposed sanitary sewer, storm sewer, water mains,
culverts, catch basins, man holes, hydrants, and other similar
facilities within the proposed plat and to a distance of 100 feet
beyond the plat.
3. Storm sewer, sanitary sewer, and water layouts, including top
rim and invert elevations, proposed gradients, direction of
flow, hydrant locations, drainage areas and benchmark
elevations.
Section 940 (Open Space and Preservation Plats) Page 6
June 23, 2011
4. Profiles for all proposed utilities.
D. Tree preservation plan for the proposed plat. The plan shall
identify the location and type of trees and all existing trees to be
preserved. Such plan shall also include proposed locations and
details of tree protection fencing to be installed for all trees to be
preserved.
E. Other drawings required for the proposed plat, as follows:
1. Location of proposed street lights, as well as the utilities of
electricity, gas, telephone, and CATV.
2. A general landscaping plan showing plantings, berms, fences,
walls, sidewalks and trails, and any subdivision signage.
F. Final street plan for the proposed plat, including the following:
1. Plan view of proposed and existing streets including location,
dimensions, and purpose of all rights of way and easements,
location of existing or proposed utilities.
2. Street profiles including existing and proposed elevations
extended to show how they tie into the adjacent properties.
3. Street cross - section and design information based on the soil r-
value.
Section 940 (Open Space and Preservation Plats) Page 7
June 23, 2011
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Section 940 (Open Space and Preservation Plats) Page 8
June 23, 2011
SECTION 940 - OPEN SPACE AND PRESERVATION (OS &P) PLATS
940.010 - Purpose of Division.
The purpose of Open Space and Preservation plats (OS &P) is to minimize acreage
used in developments that are approved prior to availability of urban services and
to improve and preserve wildlife habitat, quality of life and land values within the
City through economic incentives to preserve high quality woodlands,
interconnected vegetated corridors, agricultural land, open space, and other
significant natural features as identified in the Comprehensive Plan. OS &P plats
provide owners within the rural residential zoning district with added flexibility in
designing plats as well as incentives to voluntarily protect, preserve, enhance or
restore natural resources on their property. OS &P Plats includes three application
types beyond the basic development type, based on the amount of permanently
preserved open space. Each application type includes some development right
bonus. In addition to encouraging natural resource preservation and restoration,
OS &P plats are intended as a means of facilitating an orderly and economically
viable transition to eventual development with urban services.
940.020 - Objectives of Division and Definitions.
Subd. 1. The objectives of this division are to:
A. Preserve natural resources as identified in the Comprehensive Plan.
B. Preserve permanent natural habitat and vegetated corridors for the
shelter and movement of diverse wildlife.
C. Preserve viable tracts of land for long -term agricultural use.
D. Allow greater flexibility in the design of residential developments in
order to create a more esthetically pleasing visual impact than
standard development, particularly along arterial roadways and with
respect to abutting properties.
E. Create cohesive neighborhoods to establish local identity and increase
community interaction.
F. Reduce the costs of future public road and utility infrastructure
through designing to improve the efficiency of future connections and
minimize site restoration costs associated with future utility
construction.
Section 940 (Open Space and Preservation Plats) Page 1
June 23, 2011
G. Provide economic incentives to land owners to preserve, protect
and /or restore high quality woodlots and other identified natural
resources areas.
H. Accomplish the objectives of the comprehensive plan in a voluntary
manner through the use of incentives.
940.030 Application Types.
Subd.1. Four application types are available, three of which are an OS &P
development with development right bonuses as indicated below:
A. Standard Plat: 100% of development rights.
B. OS &P with no permanent preservation or restoration: Lots
clustered and in acceptable lot sizes to accommodate private septic
system = 150% of development rights.
C. OS &P with permanent preservation and or restoration: Lots
clustered and in acceptable lot sizes to accommodate private septic
system and a minimum of 25% of gross land area shall be preserved
or restored and of that, 50% shall be upland area. = 200% of
development rights.
D. OS &P with permanent preservation and or restoration and other
provisions as required in "C with community well and septic under a
PUD = 300% of development rights
Subd 2. Lands within the Greenway corridor as identified on natural resource
maps in the Comprehensive Plan qualify for OS &P plats. Other areas
have been identified as target areas by the City within the MUSA and
in rural residential areas. These areas are indicated on overlay
natural resource maps attached to the Comprehensive Plan. A parcel
outside one of these categories may apply for permanent preservation
or restoration and, if the proposed permanent preservation or
restoration is approved by the City, receive the applicable
development right bonus as approved by the City. Preservation and
restoration areas shall follow the City's adopted Design Standards for
Preservation and Restoration lands.
Subd 3. Any Application type can develop in stages based on the approved
plat.
Section 940 (Open Space and Preservation Plats) Page 2
June 23, 2011
Subd 4. A Planned Unit Development (PUD) will be required for any
application type that proposes a deviation from minimum lot size
and /or the use of off -lot septic or well or community septic or well.
940.040 - Procedure.
Subd. 1. All procedures for a standard subdivision as provided in Section 930
and Section 935 of the Subdivision Ordinance shall be followed for
each type of open space preservation plat application, with the
addition of the following:
A. A pre - application meeting with the City and potential easement
holders in order for all parties to be made fully aware of any
procedures, policies, or other issues regarding the plat.
B. A sketch /concept plan shall be required that includes the
following:
1. Classification by wetland type and acreage of all wetlands with
and to a distance of 100 feet beyond the boundary lines of such
plat.
2. Vegetation of the site (pasture, woodlands, hedgerows, etc.)
including a general description of species of trees and a
summary of the approximate percent of each species and their
size and stage of maturity.
3. An outline of the land area to be designated as open space and
its proposed use as park, trail, temporary open space,
permanent preserve or restoration, or wastewater treatment
area.
C. Data for preliminary plat. All information required to be
submitted in Section 930 is required to be submitted with any
OS &P application, with the addition of the following:
1. A resource inventory presented on an aerial photograph at a
scale of no less than one inch equals 200 feet, including the
following:
a. Vegetation inventory identifying the general cover types
defining boundaries of woodland areas and identifying
stand -alone trees of a size and species identified in the City
preservation and restoration standards as significant.
Section 940 (Open Space and Preservation Plats) Page 3
June 23, 2011
b. Trees or wooded areas to be removed for streets, drives,
buildings, drainage or other purposes shall be identified.
c. Visual resources, showing views onto the tract from
surrounding roads and public areas, as well as views within
the tract.
d. Description of the historic character of buildings and
structures, historically important landscapes, and known
archeological features.
e. Context, including general outlines of existing buildings,
land uses, and natural features such as water bodies or
wooded areas, roads and property boundaries within 100
feet of the tract.
2. A calculation of the proposed open space or preservation plat
density as determined by Section 940.070.
3. A narrative from the applicant as to the rationale behind the
proposed layout and open space.
4. An itemized list of all documents, agreements and actions
necessary to be completed prior to recording of the plat,
including land area to be protected with a conservation
easement as open space or park dedication, the number and
size of lots, areas proposed for stormwater management and
sewage treatment areas (primary and secondary). This shall
include all applicable Homeowners' association documents (if
any), including bylaws, deed restrictions, covenants, and
proposed conservation easements, prepared or approved by
the holder of the conservation easement.
940.050 - Development Standards.
Subd. 1. OS &P or restoration plats shall comply with the following minimum
standards:
A. Land area.
1. Minimum gross acreage is determined based on a wastewater
treatment plan. On -site treatment will require appropriate
setbacks and a primary and secondary wastewater
treatment /disposal site.
Section 940 (Open Space and Preservation Plats) Page 4
June 23, 2011
2. Under an OS &P with no permanent preservation or
restoration, land not used in the development may be retained
by the owner and any successor in interest, subject to a
covenant with the City that such land may not be developed
until such time as urban sewer service is provided and at such
time shall be subject to development standards with urban
densities. Continued agricultural use shall be permitted until
such time as sewer and water are available and orderly urban
development occurs.
3. Under an OS &P with permanent preservation or restoration a
minimum of 25% percent of the gross land area (of no more
than two pieces) of the development site shall be dedicated as
preserved open space protected by a conservation easement or
deed restrictions in favor of the city. Of that amount, 50
percent (net 12.5 %) shall be upland area. Wetland restoration
(including abandonment of legally tiled areas) will be credited
towards the 12.5% upland. One acre of restored wetland shall
equal one acre of upland.
B. Open space development standards. Open space to be
permanently preserved or restored within an OS &P plan shall
meet the following criteria:
1. Open spaces shall be protected by the placement of a
conservation easement, covenant or deed restriction in favor of
the City over the open space.
2. Open space shall be owned by an individual, a homeowners'
association, the City or other legal entity that will use the land
for open space purposes pursuant to a conservation easement
or covenant restricting additional development until urban
services are provided (only applies to open space in excess of
required 25 %). In the case of private ownership of open space
where public access is desired, such as a trail crossing or other
public purpose, the City shall require that a public easement be
provided over the open space area.
3. In the event that it is impossible to locate sufficient suitable
building sites to use the development rights generated by the
property and plat design, such rights may be transferred to an
adjacent property, within the city, so long as the development
rights are used in a development that also follows open space
development standards and does not exceed a 35% increase in
development intensity compared to the property without
Section 940 (Open Space and Preservation Plats) Page 5
June 23, 2011
transferred -in development rights. A PUD will be required for
any OS &P desiring to transfer development rights.
4. A preservation, restoration and management plan agreeable to
the City shall be prepared and filed for open space land. This
plan shall include areas proposed for interim agricultural uses
as well as permanent easements.
a. The City Council may, at its discretion, require financial
guarantees of performance of restoration, seeding, cutting
or planting.
b. Where land remains in the ownership of the developer or
an association, the City may inspect the property at any
time to ensure that provisions of the management plan are
being implemented.
c. The City shall adopt a model restoration and management
plan that may be adapted as appropriate to each situation.
C. Water and sewer systems.
1. Water may be provided by individual on -site wells, or by one
or more community wells in open space areas, meeting all
State Department of Health requirements.
2. Individual sewage treatment systems are required to be
located on each individual lot, except as otherwise approved by
the City Council. The developer must identify both primary
and secondary locations. Individual sewage systems shall not
be located on land with permanent preservation or restoration
easements or land dedicated to the City.
3. The City may approve a centralized wastewater treatment
system and smaller individual lots as part of a Planned Unit
Development (PUD), provided the applicant can show
compliance with MPCA standards and the City finds that the
proposal would comply with PUD standards, all City
requirements and would have no adverse impact on the
environment or neighboring properties. Centralized
wastewater treatment systems may be located in temporarily
restricted open space within an easement. This area shall not
be included in the land area designated as preserved or
restored open space. A sewage treatment system management
plan must be submitted to the city that must be reviewed and
Section 940 (Open Space and Preservation Plats) Page 6
June 23, 2011
approved prior to being recorded with the final plat. The plan
shall clearly identify the following:
a. The applicant must provide the following information to
support the proposed primary and secondary septic
sites:
i. Hydrologic study prepared by a qualified individual
for the proposed septic site.
ii. A minimum of 4 soil borings on each primary septic
site and 2 soil borings on each secondary site.
iii. Percolation tests for the primary septic site.
iv. Well locations for the proposed development.
b. The applicant must provide a management (maintenance,
replacement and repair) plan for centralized wastewater
treatment system as approved by the City. The
management plan must be reviewed and approved by the
City Council and recorded with the final plat. The plan
should clearly identify the following:
i. The ownership of the centralized wastewater treatment
system.
ii. An annual schedule for maintenance, inspection and
monitoring of the centralized wastewater treatment
system.
iii. Assignment of responsibility for the management of and
payment for the centralized wastewater treatment
system.
iv. Contingency plan in the event of failure of the
centralized wastewater treatment.
v. Financial guarantees, covering the estimated cost of
maintaining and replacing a centralized system.
vi. Provisions describing how the sewage treatment
portion of the system will be protected from vehicles,
animals, humans and other sources of risk.
vii. The name and license number of the system's designer.
Section 940 (Open Space and Preservation Plats) Page 7
June 23, 2011
viii. Provision for cost effective future connection of the
wastewater treatment system(s) to urban services
within one year after such services are provided at the
boundary of the development, with sufficient financial
guarantees to ensure no added cost to the City.
ix. If financial guarantees for any of the above provisions
are part of an association assessment or treasury fund,
the City shall be given access to annual audit records, at
the expense of the association, to ensure proper
funding. If such guarantees are the private
responsibility of the developer, the City shall require
guarantees from the responsible individual(s).
D. Dimensional regulations and Development standards. The
dimensional regulations for open space preservation plats may be
reduced from the underlying zoning district dimensional
regulations provided they comply with the following minimums:
Minimum lot size. The applicant must provide information to
show that a primary and secondary septic site can fit on the
site or on adjacent property in compliance with ordinance
requirements.
2. Building setbacks. Building setbacks shall be as follows:
a. Front: Frontline of home shall be within 75' of front
property line. (100 feet from arterial roads).
b. Side, internal: 15 feet.
c. Side, street: 25 feet.
d. Rear: 25 feet.
3. Maximum impervious surface. Maximum impervious surface
within each lot shall be 25 percent.
4. Variations from the dimensional requirements for lot size,
setbacks or impervious surface may be approved by the City
Council if the City Council finds that the request is consistent
with the PUD standards.
S. Street standards. Street standards shall comply with this
article.
Section 940 (Open Space and Preservation Plats) Page 8
June 23, 2011
6. Accessory structures (such as gazebos, benches and play
equipment) shall be allowed on preserved open space lots
without a principal structure as provided for in the developer's
agreement and approved by the City Council.
7. A buffer zone of at least 100 feet shall be provided at the
perimeter of the developed area of the site abutting public
streets. The buffer zone shall be thickly planted with native
grasses, shrubs and trees to minimize land use conflicts.
E. Development design guidelines applicable to all OSP developments
with no permanent preservation of open space:
1. All lots shall be clustered in a manner to create
temporary open space that will be held in a covenant
for future development at the time sewer is extended.
2. The temporary open space shall be contiguous land, or
adjacent to a similarly classified property, in order to
facilitate future development.
3. A ghost plat shall be designed for all temporary open
space areas at the same time as the Preliminary and
Final plat is review and approved. The ghost plats shall
indicate future access, internal road network and
connections and future lot layout.
4. All lots shall front a paved road, internal to the site.
F.Development design guidelines applicable to all OS &P developments
with permanent preservation or restoration of open space.
Residential lots should be designed to achieve as many of the
following objectives as possible:
1. Arrange lots around a central focal point such as:
a. A central green, boulevard or square.
b. A physical amenity such as a meadow, a stand of trees, a
stream or water body, or some other natural feature.
2. Locate lots such that at least 50 percent of the lots within a
neighborhood abut open space, or other amenity, on at least
one side. A local street may separate lots from open space.
Section 940 (Open Space and Preservation Plats) Page 9
June 23, 2011
3. Preserve views from each building unit and from off -site
vantage points to the maximum possible.
4. Locate neighborhood recreational open spaces such that they
are an integral part of the neighborhood, are suitable for the
projected demographic makeup of residents, are at an
elevation appropriate to their intended recreational use, have
boundaries that are clearly defined and are accessible to all
neighborhood residents from a public street or trail. Connect
individual home sites with pedestrian corridors or sidewalks
to larger open spaces and places of destination on -site and off -
site. Open spaces should be accessible to pedestrians at
roughly 1,200 -foot intervals along public roadways.
Pedestrian corridors between lots shall be at least 50 feet in
width and buffered from view of adjacent properties.
5. Locate lots to preserve woodlands, farmland or other natural
features or character, including places of historic, archeological
or cultural value. Preserve natural resources as identified in
the Comprehensive Plan to the maximum extent possible in a
contiguous, connected configuration. Natural open spaces may
include, but are not limited to, fields, wetlands, slopes, bluffs,
woods, lakes, ponds, streams, shore lands, and other
environmentally sensitive areas.
6. Providing covenants to create an architectural theme to
include items such as landscaping, porches, side or rear loaded
or detached garages. A written narrative describing the
architectural theme shall be provided with the preliminary
plat.
7. Locate houses and garages such that the garages do not
dominate the streetscape.
8. Locate septic systems on the most suitable soils for subsurface
septic disposal and in such manner as to provide for cost
effective and least disruptive future connection of the
wastewater treatment system(s) to urban services.
9. Landscape common areas and street rights -of -way with native
vegetation with high wildlife conservation value.
940.060 - Ownership of Common Areas,
Section 940 (Open Space and Preservation Plats) Page 10
June 23, 2011
Subd. 1. Operation and maintenance requirements for residential subdivision
common open space facilities shall be as provided in this division.
Where certain land areas or structures are provided within the
subdivision for private recreational use or as common service
facilities or centralized wastewater treatment systems, the owner of
such land and buildings shall provide covenants as approved by the
City to ensure their continued operation and maintenance to a
predetermined reasonable standard. These common areas may be
placed under the ownership of one of the following, depending upon
which is more appropriate in the discretion of the city:
A. Dedicated to the public where a community -wide use would be
anticipated; or
B. Subdivider's ownership and control; or
C. Homeowners' associations. A homeowners' association shall be
established to maintain all permanently preserved open space and
recreational facilities, except in cases where the land is dedicated
to the City for public purposes. Such homeowners' association
management agreements shall be established prior to the sale of
any lots. Homeowners' association management agreements shall
include the following:
1. The agreement shall include a legal description of the common
lands, facilities and permanent open space.
2. The permanent open space restrictions must be in perpetuity
and not for a specific term of years.
3. Membership in the association shall be mandatory for all
purchasers of homes in the development and their successors.
4. The agreement shall include restrictions placed upon the use
and enjoyment of the lands or facilities, including the persons
or entities entitled to enforce the restrictions.
5. The agreement shall include a mechanism for resolving
disputes among the owners or association members.
6. The agreement shall provide standards for scheduled
maintenance of open spaces, buildings and facilities. The
association must be responsible for liability insurance and
local taxes,
Section 940 (Open Space and Preservation Plats) Page 11
June 23, 2011
7. The agreement shall provide a plan guaranteeing continuing
maintenance of open spaces that shall be submitted to the city
council as part of the data requirements for an open space
development.
8. The agreement shall include a mechanism to assess and
enforce the common expenses for the land or facilities,
including upkeep and maintenance expenses, real estate taxes
and insurance premiums.
9. The agreement shall include the conditions and timing of the
transfer of ownership and control of land or facilities to the
association or the common ownership.
10. The homeowners must pay their pro rata share of associated
costs and the assessment levied by the association shall
become a lien on the property in accordance with the law; and
11. The association must be able to adjust the assessment to meet
changed circumstances and needs
12. Any proposed change in the articles of association or
incorporation shall require the prior written approval of the
City.
13. Any other matters the developer or City deems appropriate
shall be included.
940.070 - Calculation of Base Density; Density Bonuses.
Subd. 1. To calculate the allowed density for a given parcel for open space
preservation plat purposes, the following shall apply:
A. OS &P Plats (all application types) must provide paved access
within the site and must require all owners and their successors to
covenant that they will participate at 100% of the per unit cost of
future assessments for paving to City standards the principal
roads servicing the site, if those roads are not currently paved.
B. Development rights shall be as recorded on the official City of
Corcoran "Development Rights Map" and as described in Section
1040.030, Subd. 7 (Density Requirements) of the Zoning
Ordinance.
Section 940 (Open Space and Preservation Plats) Page 12
June 23, 2011
C. Multiply the number of development rights on the parcel by the
percent based on the application type to determine the maximum
number of lots. Percentages are as follows:
1. Standard Plat: = 100% of development rights (1 in 10 or 1 in
30)
2.OS &P design with no permanent preservation or restoration =
150%
3. OS &P with permanent preservation and or restoration = 200%
4. OS &P with community well and septic (subject to PUD) = 300%
Example 1:
Gross land area consisting of approximately 46 acres in a 1 in
10 density district.
Standard Plat: 46 x 1 (100% of development rights) = 4.6
development rights which is rounded up to S.
OS &P with no permanent dedication = (46/10) x 1.5 (150%
of development rights) = 6.9 development rights which is
rounded up to 7.
OS &P with permanent dedication= (46/10) x 2.0 (200% of
development rights) = 9.2 development rights, which rounds
down to 9.
OS &P with permanent dedication and community well and
septic = (46/10) x 3.0 (300% of development rights) = 13.8
development rights, which rounds up to 14.
Maximum density = 46/14 = 1 in 3.29
Example 2:
Gross land area consisting of approximately 60 acres in a 1 in
10 density district.
Standard Plat: 6 x 1 (100% of development rights) = 6
development rights
Section 940 (Open Space and Preservation Plats) Page 13
June 23, 2011
OS &P with no permanent dedication = (60/10) x 1.5 (150%
of development rights) = 9 development rights.
OS &P with permanent dedication = (60/10) x 2.0 (200% of
development rights) = 12 development rights.
OS &P with permanent dedication and community well and
septic = (60/10) x 3.0 (300% of development rights) = 18
development rights.
Maximum density = 60/18 = 1 in 3.33
(Ord. 212, passed 12- 21 -04, Ord. 224, passed 10- 27 -05)
Section 940 (Open Space and Preservation Plats) Page 14
June 23, 2011
SECTION 945 - DESIGN STANDARDS
945.010 - General Standards.
Subd. 1. Contiguous Land. A preliminary plat shall include all of the owner's
contiguous land, unless subdivision of property contiguous to the
subdivision would be premature as defined by this Chapter. If
subdivision of the contiguous property owned by the applicant would
be premature, the applicant shall submit a sketch plan with enough
detail to demonstrate how that property can be subdivided in the
future in a manner consistent with the Comprehensive Plan and this
Chapter. Final platting may be accomplished in phases.
Subd. 2. Subdivisions Straddling Municipal Boundaries. Whenever access
to the subdivision is required across land in another city, the City shall
request assurance from the affected city that access is legally
established and that the access road is adequately improved or that a
guarantee has been duly executed and is sufficient in amount to
assure the construction of the access road. In general, lot lines should
be laid out so as not to cross municipal boundary lines.
Subd. 3. Monuments.
A. Official permanent monuments shall be placed as required by
Minnesota Statutes, Section 505.02 (as may be amended).
B. All monument markers shall be correctly in place upon final
grading and installation of utilities.
C. The City will not issue building permits for a lot within a plat until
monuments have been placed for that lot.
D. All United States, state, county or other official benchmarks,
monuments or triangulation stations in or adjacent to the property
shall be preserved in precise position.
Subd. 4. Subdivision Names. The proposed name of the subdivision shall not
duplicate or too closely approximate phonetically, the name of any
other subdivision in the City. The City shall have final authority to
designate the name of the subdivision.
Subd. S. Engineering Design Standards. Public and private improvements
shall comply with standards set forth in the City's Engineering Design
Standards, which are herein adopted by reference.
Section 945 (Design Standards) Page 1
June 23, 2011
945.020 - Lot Improvements.
Subd. 1. Lot Arrangement. The lot arrangement shall be such that there will
be no foreseeable difficulties, for reasons of topography or other
conditions, in securing building permits to build on all lots in
compliance with the Zoning Ordinance. In addition, all lots shall abut
and have direct access to an improved street except for developments
with unit lots, in which case the base lot shall abut and have direct
access to an improved street.
Subd. 2. Minimum Lot Dimensions. All lot dimensions shall comply with the
minimum standards of the Zoning Ordinance. Depth and width of
properties reserved or laid out for commercial, office or industrial
purposes shall be adequate to provide for the off - street parking and
loading facilities required for the type of use contemplated, as
established in the Zoning Ordinance, except as may be modified
within a duly approved planned unit development (PUD).
Subd. 3. Side Lot Lines. Side lines of lots shall be substantially at right angles
to street lines and substantially radial to curved street lines, unless an
alternative layout will result in a better street or lot plan.
Subd. 4. Corner Lots. Corner lots shall be of sufficient width and depth to
comply with the minimum building setback requirement from both
streets and to comply with the minimum driveway setback from the
intersection, as established in the Zoning Ordinance.
Subd. 5. Through or Double Frontage Lots and Access to Lots.
A. Through or Double Frontage Lots. Through or double frontage
lots shall not be permitted except where lots back on an arterial
roadway or where specific disadvantages of topography or other
conditions render subdividing otherwise unreasonable.
B. Access from Minor Arterials and Minor Collectors. Lots shall not,
in general, derive access exclusively from a minor arterial or major
collector roadway. No lot parallel to a minor arterial or major
collector roadway and having a width of less than 200 feet should
front on these roadways unless 1) access is limited to streets other
than a minor arterial or major collector, 2) access is provided
jointly with other lots or 3) access is ultimately to be provided
from a planned frontage road. Where possible, driveways shall be
designed and arranged so as to avoid requiring vehicles to back
into traffic on minor arterial or major collector roadways.
Section 945 (Design Standards) Page 2
June 23, 2011
Subd. 6. Lots Abutting Water. Lots abutting a water body, wetland, drainage
way, channel, stream or pond shall be of sufficient width and depth
and at the elevation needed to assure that building sites are not
subject to flooding. The platting of lots within the floodplain is subject
to the Zoning Ordinance provisions relating thereto.
Subd. 7. Large Tracts. When a parcel of land is subdivided into larger tracts
than for building lots, such tracts shall be divided so as to allow for the
opening of major streets and the ultimate extension of adjacent
streets and utilities.
Subd. 8. Lot Remnants. All remnants of land which are below the minimum
lot size or which are otherwise unbuildable must be added to adjacent
lots and shall not be platted as an unusable outlot or parcel.
Subd. 9. Soil Preservation, Grading and Sodding /Seeding.
A. Lot Drainage. Lots shall be laid out so as to provide positive
drainage away from all buildings, and individual lot drainage shall
be coordinated with the general storm drainage pattern for the
area. Where possible, drainage shall be designed so as to avoid
concentration of storm water drainage from each lot to adjacent
lots.
B. Sodding /Seeding. Sodding and seeding shall be done in
conformance with the Zoning Ordinance and Engineering Design
Standards.
Subd. 10. Debris and Waste. No cut trees, diseased trees, timber, debris, earth,
rocks, stones, soil, junk, rubbish, former building foundations,
abandoned wells, abandoned septic systems or other waste materials
of any kind shall be buried in any land, or left or deposited on any lot
or street at the time of the issuance of a certificate of occupancy, and
removal of those items and materials shall be required prior to
issuance of any certificate of occupancy in a subdivision. No items and
materials as described in the preceding sentence shall be left or
deposited in any area of the subdivision at the time of expiration of
the Development Contract or dedication of public improvements,
whichever occurs sooner.
Subd. 11. Waterbodies and Watercourses. If a tract being subdivided
contains a water body, or portion thereof, lot lines shall be so drawn
as to distribute the entire ownership of the water body among the
fees of adjacent lots. The City may approve an alternative plan
whereby the ownership of and responsibility for safe maintenance of
Section 945 (Design Standards) Page 3
June 23, 2011
the water body is so placed that it will not become a City
responsibility.
Subd. 12. Access.
A. Block length and width or acreage within bounding streets shall be
sufficient to accommodate the size of lots required by the Zoning
Ordinance and to provide for convenient access, circulation
control and safety of street traffic.
1. In the municipal urban service boundary, block lengths shall
not exceed 900 feet nor be less than 500 feet, measured from
the centerlines of streets, except where topography or other
conditions justify a departure from that standard.
2. In the rural areas, block lengths shall not exceed 1,320 feet nor
be less than 400 feet, except where topography or other
conditions justify a departure from that standard. In blocks
longer than 800 feet, pedestrian walkways and /or easements
at least 10 feet wide may be required near the center of the
block.
B. Vehicle access shall be prohibited from a stub street to adjoining
lots until such time as the stub street is extended into an adjoining
tract, or unless a temporary cul -de -sac is provided.
C. When a proposed plat contains or borders on the right -of -way of
an existing or planned principal or minor arterial roadway, the
City Council may require dedication and installation of a street
approximately parallel to and on each side of such right -of -way for
adequate protection of properties and to afford a separation of
local and through traffic. Such streets shall be located at a distance
from the major roadway suitable for the appropriate use of any
intervening land. Such distance shall also be determined with due
regard for the requirements of approach connections, future grade
separations, and lot depths.
D. The subdivider shall provide access to all lots via local streets.
When a proposed plat contains or borders on the right -of -way of a
principal arterial, vehicle access points shall be restricted in
accordance with the City's Comprehensive Plan and the access
requirements of the Minnesota Department of Transportation and
Hennepin County. When a proposed plat contains or borders on
the right -of -way of a minor arterial or major collector roadway,
vehicle access points shall be restricted from such roadways. If
access onto a minor arterial or major collector is the only option
Section 945 (Design Standards) Page 4
June 23, 2011
for access and is therefore required, such vehicle access points
shall be limited from individual lots onto such streets through the
use of shared driveways, consistent with the access management
provisions of the City's Comprehensive Plan.
E. Access to minor arterial and major collector streets shall be at
intervals of not less than 1/4 mile, and through existing and
established crossroads where possible. In the platting of small
tracts of land fronting on minor arterial streets where there is no
other alternative, a temporary access permit may be granted. As
neighboring land becomes subdivided and access to other streets
becomes possible, such temporary access permit shall become
void.
F. When a residential lot has frontage on multiple streets, access to
such lot shall be prohibited from higher -order streets (e.g., a lot
that fronts on a minor arterial street and a collector street shall be
prohibited from having access on the minor arterial street, and a
lot that fronts on a collector street and a local street shall be
prohibited from having access on the collector street).
Subd. 13. Street Names. Street names shall be designated by the City street
naming system, as administered by the Zoning Administrator. The
Zoning Administrator shall have discretion to alter the City street
naming system, when appropriate, in order to avoid confusion to the
traveling public. A petition to rename a street shall require action by
the City Council.
Subd. 14. Street Regulatory Signs. Street signs of standard design approved
by the City shall be installed at each street intersection or at such
other locations within the subdivision as designated by the City
Engineer.
Subd. 15. Traffic Control Signs. Traffic control signs pursuant to Minnesota
Statutes, Section 169.06, shall be installed at locations within the
subdivision as designated by the City Engineer.
Subd. 16. Turn Lanes and Traffic Lights. Turn lanes and traffic lights shall be
installed at the expense of the subdivider when required as a result of
the proposed subdivision. The cost of the improvements shall be
apportioned among benefiting properties as determined by the City.
Subd. 17. Street Lights. Street lights shall be installed at all intersections and at
other locations, as required by the City Engineer. All street lights
within new subdivisions in the urban area shall be on ornamental
Section 945 (Design Standards) Page 5
June 23, 2011
poles with underground electrical service, and shall conform to City
lighting standards.
Subd. 18. Sidewalks and Trails. Required sidewalks and trails shall be
installed at the time a street is constructed.
Subd. 19. Dead -End Streets, Stub Streets and Cul -de -Sac Streets
(permanent and temporary).
A. Dead -End Streets. Dead -end streets shall be prohibited, except as
stub streets.
B. Stub Streets. Stub streets shall be installed to permit future street
extensions into adjoining tracts, where appropriate. Barricades
shall be installed at the end of stub streets and signage shall be
provided indicating a future street connection
C. Cul -de -Sac Streets (permanent). Cul -de -sac streets may be
installed where necessary due to topography, configuration of
land, existing road layouts or other special circumstances.
D. Cul -de -Sac Streets (temporary). In those instances where a street
is terminated pending future extension in conjunction with future
platting and its terminus is located 1,320 feet or more from the
nearest intersection in rural areas or 900 feet in urban areas, a
temporary cul -de -sac with a pavement width of 90 feet in
diameter shall be provided at the closed end. Any portion of a
temporary cul -de -sac not located within the street right -of -way
shall be placed in a temporary roadway easement extending
beyond the curb line of the temporary cul -de -sac in all directions.
No building permit shall be issued for any properties containing
such temporary easement until after the temporary cul -de -sac is
constructed. A financial guarantee will be required for removal
and restoration, as required by the Development Contract for the
subdivision.
Subd. 20. Alleys and Private Drives. Alleys and private drives may be
permitted by the City Council.
Subd. 21. Design Standards, Streets.
A. General. In order to provide for streets of suitable location, width
and general improvement to accommodate prospective traffic and
afford satisfactory access to police, firefighting, snow removal,
sanitation and road maintenance equipment, and to coordinate
roads so as to compose a convenient system and avoid undue
Section 945 (Design Standards) Page 6
June 23, 2011
hardships to adjoining properties, the following design standards
for streets are hereby required.
B. Street Surfacing and Improvements. After the subdivider has
installed sewer and water, the subdivider shall construct poured -
in -place concrete curbs and gutters and shall surface streets to the
width prescribed in this Chapter. Types of pavement shall be as
prescribed in the City's Engineering Design Standards. Adequate
provision shall be made for culverts, drains and bridges. The
portion of the right -of -way outside the area surfaced shall be
sodded. All road pavement, shoulders, drainage improvements
and structures, curbs, turnarounds and sidewalks shall conform to
all construction standards and specifications in the City's
Engineering Design Standards and shall be incorporated into the
construction plans required to be submitted by the subdivider for
final plat approval.
C. Right -of -Way Width.
1. Minimum right -of -way width for minor arterial and collector
streets shall be as follows:
Street Type
Right-of-Way Width
Minor Arterial
100 feet
Major Collector
80 feet
Minor Collector
60 feet
2. The right -of -way width for local streets shall be determined by
the City Engineer and shall be adequate to accommodate
pavement width and other improvements required within the
right -of -way.
3. In order to ensure safety and accommodate existing and future
street intersections, bridge overpasses, railway crossings,
interchanges, topography and the like, the City may require
dedication of a greater right -of -way width than specified
above.
4. A subdivider may be required to install landscaped medians
for certain minor arterial and collector roadways platted
within the subdivision, in accordance with roadway standards
established by the City Engineer and the Design Guidelines
located in Appendix A of the Zoning Ordinance.
Section 945 (Design Standards) Page 7
June 23, 2011
D. Principal Arterials. Lots abutting principal arterials shall have
sufficient lot depth required to accommodate any additional
structure setbacks provided by the Zoning Ordinance.
E. Pavement Width shall be as identified in the City Engineering
Design Standards.
F. Cul -de -Sac Street Turnarounds. Residential cul -de -sacs may
include a center island within the turn - around for snow storage.
Maintenance of such center islands shall become the responsibility
of a Homeowners Association for the subdivision. The pavement
width between the outside curb of the turn - around and such
island shall be a minimum of 28 feet wide.
G. Street Grades. The minimum grade for all streets shall be 1/z
percent. Grades within 30 feet of intersections with arterial and
collector streets and grades for the turnaround portion of a cul -de-
sac street shall not exceed 3 percent. Otherwise, the maximum
grades shall be as follows:
Street Type
Maximum Grade
Minor Arterial
4%
Collector
6%
Local
8%
H. Intersections.
1. Streets shall be laid out to intersect at right (90 degree) angles
with a 50 -foot minimum tangent from the radius return. The
angle of an intersection may be varied in cases where
topography or other factors justify a variation, but in no case
shall a street intersect with another street at angle of less than
75 degrees. Intersections having more than 4 corners shall be
prohibited.
2. Proposed new intersections along one side of an existing street
shall, wherever practicable, coincide with any existing
intersections on the opposite side of such street. Street jogs
shall have a centerline offset of at least 150 feet.
3. Minimum curb radius at the intersection of 2 local streets shall
be at least 10 feet.
I. Street Alignment.
Section 945 (Design Standards) Page 8
June 23, 2011
1. Reverse Curves (horizontal alignment). Collector and Arterial
streets shall comply with Minnesota State Aid Standards.
2. Differing Street Gradients (vertical alignment). Differing
connecting street gradients for minor arterial and collector
streets shall be connected with vertical parabolic curves. The
minimum length of such curves shall be in accordance with the
Minnesota Department of Transportation Road Design Manual,
latest revision.
Subd. 22. Street Dedication and Reservations.
A. All streets within a subdivision shall be dedicated as public streets
on the plat, except as may be allowed by Subd. 20 of this Section.
B. Streets in new subdivisions shall be laid out so as to eliminate or
avoid new perimeter half- streets. Where an existing half - street is
adjacent to a new subdivision, the other half of the street shall be
improved and dedicated by the subdivider. The City Council may
authorize a new perimeter street where the subdivider improves
and dedicates the entire required street right -of -way width within
the subdivision boundaries.
C. Where a subdivision borders an existing substandard street or
street needing improvement, the subdivider shall be required to
improve and dedicate at its expense those areas for widening or
improvement. Such streets shall be improved and dedicated as
required by this Subdivision Ordinance. The cost of the
improvements shall be apportioned among benefiting properties
as determined by the City.
945.030 - Sidewalks and Trails.
Subd. 1. Required Improvements.
A. A sidewalk or trail shall be installed along all arterial and collector
roadways consistent with the City's Comprehensive Plan and the
Park and Trail Plan. Sidewalks shall extend to the turn - around
portion of a cul -de -sac street. Construction of both sidewalks and
trails shall be as specified in the City's Engineering Design
Standards.
B. Width. Sidewalks along local streets shall be a minimum of 5 feet
wide. Trails shall be a minimum of 8 feet wide, unless located
Section 945 (Design Standards) Page 9
June 23, 2011
directly behind a curb, in which case they shall be a minimum of
10 feet wide.
C. Grade. Sidewalks and trails shall be sloped in such a manner so as
to prevent pooling of storm water runoff and to drain away from
any nearby buildings. The profile grade shall not exceed the grade
of the adjacent roadway, unless authorized by the City Engineer.
945.040 - Drainage and Water Quality.
Subd. 1. General Requirements.
A. The City Council will not approve any subdivision that does not
make adequate provision for quantity and quality of storm water
runoff. Any storm water drainage system shall be separate and
independent of the sanitary sewer system.
B. Water quality basins shall be designed in accordance with the
City's Engineering Design Standards.
Subd. 2. Dedication of Drainage Easements.
A. General Requirements. Where a watercourse, drainage way,
channel or stream traverses a subdivision, the subdivider shall
provide a storm water easement, drainage right -of -way or park
dedication, whichever the City may deem more appropriate. This
easement, right -of -way or dedication shall conform substantially
with the lines of such water courses, together with such further
width or construction, or both, as will be adequate for the storm
water drainage of the area. The City Engineer shall determine the
width of such easements, etc.
B. Drainage Easements.
1. Where topography or other conditions are such as to make
impractical the inclusion of drainage facilities within road
rights -of -way, the subdivider shall provide perpetual,
unobstructed easements at least 20 feet in width for drainage
facilities across property outside the road lines and with
satisfactory access to the road. Easements shall be indicated
on the plat. Drainage easements shall extend from the road to
a natural watercourse or to other drainage facilities.
Section 945 (Design Standards) Page 10
June 23, 2011
2. When a proposed drainage system will carry water across
private land outside the subdivision, appropriate drainage
rights must be secured and indicated on the plat.
3. The subdivider shall dedicate by a drainage easement, land on
each side of the centerline of any wetland, body of water,
watercourse or drainage channel, whether or not shown on the
City's Comprehensive Plan, to a sufficient width to 1) provide
proper protection for water quality, 2) provide retention of
storm water runoff and 3) provide for the installation and
maintenance of storm sewers.
945.050 - Sewer and Water Facilities.
Subd. 1. General Requirements.
A. The subdivider shall install adequate sewer and water facilities
subject to the specifications in the City's Engineering Design
Standards.
B. Within the municipal urban service boundary, the subdivider shall
install sewer and water mains and service connections, which are
stubbed to the property line, to serve all lots in the subdivision.
The City Council, in its discretion, may waive this requirement
upon a showing that to require the installation of sewer and /or
water mains within the subdivision would not be feasible with
regard to the extension of existing trunk mains to service the
subdivision or that particular locations or unusual circumstances
of the proposed plat would cause undue hardship to either the
owner or subdivider or the City.
C. Within the municipal urban service boundary, the subdivider shall
extend sewer and water lines to the lot lines of abutting sites
within the urban service area that do not have public water
service.
D. In the rural areas, well and septic systems shall be installed in
accordance with City and State requirements.
945.060 - Other Utilities.
Subd. 1. Location. All utility facilities, including but not limited to telephone,
CATV, natural gas and electric power, shall be located underground.
Whenever existing utility facilities are located above ground, except
Section 945 (Design Standards) Page 11
June 23, 2011
when existing on public roads and right -of -way, they shall be removed
and placed underground. Underground service connections to the
street property line of each platted lot shall be installed at the
subdivider's expense. At the discretion of the City, the requirement
for service connections to each lot may be waived in the case of
adjoining lots to be retained in single ownership and intended to be
developed for the same primary use.
Subd. 2. Easements. Utility easements shall be required within the perimeter
of each lot, measured from the lot lines. Such easements shall be at
least 10 feet wide. Such easements shall have continuity for
alignment from block to block. Such easements shall also be provided
at deflection points for pole -line anchors where necessary.
Subd. 3. Dedication. Easements shall be dedicated on the plat instrument for
the required use.
Section 945 (Design Standards) Page 12
June 23, 2011
SECTION 950 - EROSION CONTROL
950.010 - Erosion Control Plan.
Prior to commencing any earth disturbing activity in a subdivision, the subdivider
shall submit an erosion control plan for approval by the City Engineer. The plan
shall be approved if it complies with the City's Zoning Ordinance and Erosion
Control Ordinance and the requirements contained herein.
950.020 - Erosion Control Measures.
Subd. 1. All development must comply with the City Erosion Control
Ordinance. The following erosion control measures are required for
an erosion control plan:
A. The developer must provide the City Engineer with both a
temporary and permanent erosion control plan which shall be
suited to the topography and soils so as to create the least erosion
potential. Acceptable temporary and permanent erosion control
plans shall include, but not be limited to, the following elements:
1. A site map with existing and final grades. These grades shall
include dividing lines and direction of flow for all pre and post
construction storm water runoff drainage areas located within
the project limits. The site map must also include impervious
surfaces and soil types.
2. Locations of all critical areas, and areas delineated for non -
disturbance.
3. Locations of areas where construction will be phased to
minimize duration of exposed soil areas.
4. Locations and types of all temporary and permanent erosion
and sediment control Best Management Practices (BMPs).
Standard plates and /or specification for the BMPs used on the
project must be included in the final plans and specifications
for the project.
5. Locations and type of sediment control treatment for all
stockpiles located on the project.
6. Plans and specifications for temporary seeding and mulching
any exposed soils during construction.
Section 950 (Erosion Control) Page 1
June 23, 2011
7. Plans and specifications for final vegetation establishment,
including where appropriate utilizing a long term vegetation
management plan for controlling noxious weeds.
8. All plans shall include maintenance requirements and who will
be responsible for such maintenance requirements.
B. The land shall be developed in increments of workable size on
which adequate controls of erosion and siltation can be provided
and maintained during the construction period. Grading
operations and other land disturbing operations shall be staged so
that the area being developed is not exposed for long periods of
time without stabilization. Developments are encouraged to plan
and implement appropriate construction phasing, vegetative
buffer strips, horizontal slope grading, and other construction land
management practices that minimize erosion.
C. Temporary vegetation and /or mulching shall be used to protect
the areas exposed during the development. These areas shall be
seeded, mulched and stabilized with erosion control netting or
blanket acceptable to the City Engineer.
D. Soil shall be exposed for the shortest feasible period of time.
Unless the areas are discharging to a special water, or 303 (d)
listed water, the following restraints for soil exposure shall apply.
Type of Slope
Time of Exposure without being actively
worked
Steeper than
7 days
3:1
10:1 to 3:1
14days
Flatter than
21 days
10:1
E. Where the topsoil is removed, sufficient topsoil shall be set aside
for respreading over the developed area. Topsoil shall be restored
or provided to a depth of 4- inches or to a depth directed by the
City Engineer and shall be of a quality at least equal to the soil
quality prior to development.
F. Natural vegetation shall be protected whenever practical. All
areas of natural vegetation that are to be protected shall be
identified prior to any construction activity commencing.
Section 950 (Erosion Control) Page 2
June 23, 2011
G. Sediment basins (debris basins, desilting basins, or silt traps) shall
be installed and maintained to remove sediment from runoff
waters from the land undergoing development. Storm sewer
inlets shall be provided with debris guards and microsilt basins to
trap sediment and avoid possible damage from blockage. The silt
shall be removed when necessary. If sediment /siltation measures
taken are not adequate and result in downstream sediment, the
subdivider shall be responsible for cleaning out or dredging
downstream storm sewers and ponds as necessary. During
construction activity, all curb and gutter openings, manholes, and
catch basins shall be temporarily protected with some type of inlet
protection as approved by the City Engineer.
H. Before grading is commenced, all control measures as shown on
the approved plan shall be installed. Also, any areas not to be
disturbed must be delineated (e.g. with flags, stakes, signs, silt
fences, etc.) on the development site before the work begins.
I. Before grading is commenced, a schedule such as the below listed
example shall be provided to the City Engineer.
Activity
Date
Install perimeter protection devices
Install vegetation and non - disturbance
protection
Install erosion control practices
Start Clearing and Grubbing
Start grading
Installation of Temporary Stabilization
Practices
Installation of Permanent Stabilization
Practices
J. Erosion control practices shall comply with the Minnesota
Pollution Control Agency's Best Management Practices and all
applicable NPDES Phase II construction site permit requirements.
K. The subdivider shall be responsible for cleaning all streets in the
subdivision and adjacent to the subdivision from silt and dirt from
the subdivision. Vehicle tracking of sediment form the
construction site must be minimized by appropriate BMPs, and
street sweeping must be used if the BMPs are not adequate to
prevent sediment from being tracked onto the street.
Section 950 (Erosion Control) Page 3
June 23, 2011
L. Maintenance standards and requirements shall include, but not be
limited to, the following:
1. Inspection for effectiveness of all erosion and sediment control
BMPs will occur on a schedule determined by the City
Engineer. This inspection could occur as frequent as weekly or
after each 1/4" rain event, if determined to be appropriate by the
City Engineer.
2. Accumulated sediment will be removed from all sediment
control devices after they reach one -third their capacity.
3. All sediment that moves off site due to construction activities
shall be removed at the end of each workday.
4. All sediment that moves off site due to storm events will be
cleaned up as soon as possible, but at least by the end of the
next day.
5. Temporary gravel access drives will be maintained throughout
construction in working condition.
6. All erosion control practices will be maintained until the
disturbed areas they protect are permanently stabilized and
established. Upon permanent stabilization establishment, the
temporary practices shall be removed.
Subd. 2. Financial Guarantee:
A. A financial guarantee in the form of a performance bond, non -
interest bearing cash escrow or letter of credit satisfactory to the
City in an amount determined adequate by the City to guarantee
compliance with erosion control measures shall be furnished
before work is commenced. The financial guarantee shall remain
in place until all the subdivider's obligations under the erosion
control plan have been satisfied.
B. If the City draws upon the financial guarantee, the subdivider shall
within 10 days of the draw, deposit with the City additional
security of the same type and amount that the City has drawn. No
further inspections will be conducted, no new building permits
will be issued, and all work shall stop within the development until
the cash deposit for erosion control is restored to the pre -draw
balance.
Section 950 (Erosion Control) Page 4
June 23, 2011
Subd. 3. Street Cleaning. Prior to commencement of grading, the subdivider
shall enter into a contract with an unrelated third party to scrape and
sweep the streets in the subdivision and on abutting streets from soil
and silt deposited on the streets. At a minimum, scraping and
sweeping shall take place on a weekly basis. The City shall be
furnished a copy of the contract. The contract shall provide that the
contract cannot be canceled without at least 30 days advance written
notice to the City. The contract shall further provide that the City may
order cleaning of the streets and that the subdivider shall pay the cost.
If the subdivider fails to do so, the City may draw on the subdivider's
financial guarantee with the City and use it to provide payment for the
cleaning.
Subd.4. Enforcement.
A. The City may issue a stop work order halting all development
work and building construction for noncompliance with the
erosion control plan.
B. The City will conduct site inspections for compliance with
appropriate erosion control measures, and any related issues
regarding non - compliance will be addressed as appropriate.
C. The City may draw down the posted financial guarantee and
perform any work necessary to achieve compliance with the
erosion control plan. The City will endeavor to give the subdivider
advance notice of such action. The issuing authority may act
against the appropriate security if there exists any of the
conditions below. The issuing authority shall use funds from the
appropriate security to finance remedial work undertaken by the
City or a private contractor under contract to the City, and to
reimburse the City for all direct costs incurred in the process of
remedial work including, but no limited to, staff time, attorneys,
and inspection fees. Reasons for drawing down the posted
financial guarantee may be, but are not limited to, the following:
1. The permittee ceases land disturbing activities and /or filling
and abandons the work site prior to the completion of the
grading plan.
2. The permittee fails to conform to the temporary or permanent
erosion control plan as approved or as modified and has
his /her permit revoked.
3. The techniques utilized under the temporary or permanent
erosion control plan fail within one year of installation, or
Section 950 (Erosion Control) Page 5
June 23, 2011
before a final plan is implemented for the site or portions of
the site, whichever is later.
4. The issuing authority determines that action by the City is
necessary to prevent excessive erosion from occurring on the site.
Section 950 (Erosion Control) Page 6
June 23, 2011
SECTION 955 - PARK DEDICATION
955.010 - Statutory Authorization, Findings of Fact and Statement of Purpose
Subd. 1. Statutory Authorization. Minnesota Statutes Section
462.358.Subd.2b provides that municipal subdivision regulations may require that a
reasonable portion of any proposed subdivision be dedicated to the public or
preserved for conservation purposes or for public use as parks, playgrounds, trails,
wetlands, or open space, and that the municipality may alternatively accept an
equivalent amount in cash based upon the undeveloped land value.
Subd. 2. Findings of Fact. The City Council finds that:
A. The preservation and development of parks, playgrounds, trails
and open space areas within the City are essential to maintaining a
healthy and desirable environment for residents and persons
employed within the City. The presence of parks, trails and open
space amenities also enhances the value and attractiveness of
residential and commercial /industrial developments to
landowners, developers, purchasers, employers, and employees.
The City must not only provide for its present citizens, but it must
also provide for the future.
B. New developments place a burden upon the City's parks and open
space system. New facilities must be developed concurrently with
development in order to provide the desired level of service and
the quality of the environment for all. Therefore, new
developments shall be required to contribute toward the City's
park system in rough proportion to the relative burden they will
place upon the park system.
C. The City Council recognizes that the need for such parks, trails,
and public open spaces is directly related to the density and
intensity of population and development permitted and allowed in
the City. Urban development results in increased population,
increased intensity of use and greater demands for such public
areas and facilities.
D. Residential development of land will create approximately ninety -
five (95) percent of the need for park and recreational land and
facilities within the City.
E. Commercial /industrial development of land will create
approximately five (5) percent of the need for park and
recreational land and facilities within the City.
Section 955 (Park Dedication) Page 1
June 23, 2011
F. Development of land for schools, religious institutions or other
non - profit organizations may create additional demand on the
City's park and recreational land and facilities. The City may
create partnerships with these organizations that foster
cooperative use of school, non - profit and park properties for
recreational activities.
955.020 - Required Dedication
Subd. 1. Dedication of Land or Cash
A. Pursuant to Minnesota Statutes Section 462.358, Subd. 2b, the City
requires all subdividers as a prerequisite to approval of a final
subdivision plat, land division or development of any land
previously divided by plat, metes or bounds or any other means,
which has not provided park dedication, to convey to the city or
dedicate to the public use for park, playground, open space, or trail
a reasonable portion of the land being platted, divided, or
developed as hereinafter specified. The portions to be dedicated
will be approved by the City; or in lieu thereof the subdivider shall
at the option of the city pay to the city, for use in the acquisition or
development of public parks, playgrounds, or in debt retirement in
connection with land previously acquired for such public
purposes, an equivalent amount in cash based upon the
undeveloped land value. Park Dedication is only due in cases
where additional new parcels are created. Park dedication would
not be due in situations where a replat or lot line adjustment is
required to modify lot boundaries without creating any additional
lots.
B. The form of contribution (cash, land, or any combination thereof)
shall be decided by the City Council based upon need and
conformance with the comprehensive plan.
Subd. 2. Administrative Procedures. The City Council shall establish such
administrative procedures as they may deem necessary and required
to implement the provisions of this chapter.
Subd. 3. Parks and Trails Commission Recommendation.
A. The Parks and Trails Commission shall, in each case, recommend
to the City Council the total area and location of such land that the
Parks and Trails Commission feels should be so conveyed or
dedicated within the development for the above public purposes.
Section 955 (Park Dedication) Page 2
June 23, 2011
These recommendations shall be based on the recommendations
included in the City parks and trails plan.
B. The Parks and Trails Commission shall, prior to the time that the
Planning Commission completes its public hearings on the
preliminary plat, review the preliminary plat and recommend to
the Planning Commission the total area and location of the land
the Park and Trails Commission determines should be dedicated
for park use. The Parks and Trails Commission shall present these
recommendations to the Planning Commission and City Council.
In those instances where the Parks and Trails Commission
concludes that a cash equivalency payment should be made by the
applicant or owner in lieu of dedication of land, the Parks and
Recreation Commission shall recommend to the Planning
Commission the percentage of the total park dedication
requirement to be paid to the City in cash. In the event that review
at a regular meeting of the Parks and Trails Commission would
result in a delay in the review and approval process so that the
time limitations of Minnesota Statutes Section 462.358 may not be
met, the requirement of review by the Parks and Trails
Commission may be waived by either the applicant or by the City
Council at the time of its review of the application.
Subd. 4. Standards for Determination.
A. The Parks and Trails Commission shall develop and recommend to
the City Council for adoption standards and guidelines for
determining which portion of each such development should
reasonably be required to be conveyed or dedicated. Such
standards and guidelines may take into consideration the zoning
classification to be assigned to the land to be developed, the
particular use proposed for such land, amenities to be provided,
and factors of density and site development as proposed by the
subdivider. The Parks and Trails Commission shall further
recommend changes and amendments from time to time to such
standards and guidelines to reflect changes in the usage of land
which may occur, changes in zoning classification and concepts
and changes in planning and development concepts that relate to
the development and usages to which land may be put.
B. The Parks and Trails Commission shall develop and recommend
standards for design and construction of public parks, trails, and
open space areas in the city. These standards shall be included in
the parks and trails plan.
Section 955 (Park Dedication) Page 3
June 23, 2011
Subd. 5. Dedicated Land Requirements. Any land to be dedicated as a
requirement of this chapter shall be reasonably adapted for the above
public purposes. Factors used in evaluating the adequacy of proposed
dedication areas shall include size, shape, topography, drainage,
geology, tree cover, rare species and other significant wildlife habitats,
access, and location.
Subd. 6. Minimum Area of Dedicated Land. Subdividers shall be required to
dedicate to the city for park, trail, playground, open space and other public purposes
as a minimum that percentage of net land area or equivalent market value in cash as
set out below:
Residential land uses:
Units per
Percentage of land or equivalent market value in cash
acre
Up to 6
10
6 or more
12 %, plus 1% for each additional dwelling unit /acre
over 6 dwelling units acre*
*For purposes of park dedication, density shall be rounded down to nearest whole
number. For example a development at 8.5 units per acre would be required to pay
14% park dedication.
A. In no event shall the cash in lieu of land payment exceed $6,000
per residential unit.
B. The City Council shall review the maximum cash in lieu of land
payment at least every 2 years, to ensure that it remains consistent
with park and trail system development costs.
C. Commercial and industrial land uses: Dedication
requirement is five percent (5 %) of land or equivalent market
value in cash. In no event shall the cash in lieu of land
payment exceed $4,500 per acre of land proposed for development.
D. Schools, religious institutions and other non - profit organizations:
Dedication requirement shall be determined by the City Council
based on discussion with the School District or non - profit
agency. Recommendations will be based on anticipated use of
City park facilities by the school or organization, and shall
consider agreements for cooperative use of school
recreational facilities.
E. Determination of Fair Market Value. To determine the fair
market value of the undeveloped land, the Developer shall
submit an appraisal at the time of preliminary plat application.
Section 955 (Park Dedication) Page 4
June 23, 2011
The city will then obtain a review appraisal as a validation of the
Developer's appraisal. If staff and the Developer are unable to
agree on fair market value, the City Council will make the
determination of fair market value.
F. Lands Designated On Official Map or Comprehensive Land Use
Plan. Where a proposed park, playground, trail or open
space area indicated in the city park and trail plan or
comprehensive plan is located in whole or in part within a
proposed subdivision, all or part of the proposed public site
shall be designated as such and should be dedicated to the
city, based on the area of land dedication required by this ordinance.
G. Deviation from Required Dedication. The dedication
requirements based on the development's proportional share of the
City park system are presumptively appropriate.
H. Wetlands and Ponding Areas. Existing wetlands drainage ways
accepted by the city shall not be considered in the parkland and /or
cash contribution to the city.
Subd. 7. Land Dedication /Payment of Fees
A. Land Dedication. When land is to be dedicated to satisfy the park
dedication requirement, separate lots or outlots shall be indicated
on the plat drawings for the area(s) to be dedicated. Permanent
trail easements may be allowed for dedication of trail corridors
shown on the Parks and Trails Plan. Such lots, outlots or
easements shall be deeded to the City prior to the issuance of any
building permits within the plat. The developer shall be
responsible for finished grading, ground cover and construction of
trails in all lands to be dedicated to the City. No credit toward the
required dedication shall be given for this work, except that credit
for the land area within trail easements for trails included in the
City's adopted trail plan will be given.
B. Cash fee. When a cash fee is to be paid in lieu of land dedication,
the payment of such fee shall be required as follows:
1. For residential developments, the fee shall be paid prior to the
City's release of the signed final plat mylars for recording with
Hennepin County.
2. For commercial and industrial developments the fee shall be
paid prior to issuance of any building permits within the
subdivision.
Section 955 (Park Dedication) Page 5
June 23, 2011
3. Park dedication is required for all newly created lots or
parcels.
4. In plats that include outlots for future development, the
subdivider may pay to the City 1) the development's
proportional share for the entire subdivision, including the
outlots, or 2) the development's proportional share excluding
such outlots, providing that the park dedication requirement
shall be satisfied when such outlots are replatted.
Subd. B. Credit for Private Parks
A. Standards for Credit. At the City Council's discretion, Park
dedication credit may be given where private parks and facilities are
provided in a proposed subdivision, and such space is to be privately
owned and maintained by the future residents of the subdivision.
Credit may be considered when the City Council finds it is in the public
interest to do so, and that the following standards are met:
1. Such credit may be given only for park areas within the proposed
subdivision that are designed on the Parks and Trails Map as
Neighborhood Parks.
2. The facilities proposed for the private parks and facilities shall
be in substantial accordance with the provisions of the Parks and
Trails Plan, and approved by the City Council.
3. In no circumstances shall such credit for private facilities
exceed 20 percent of the amount required to be dedicated to
the public under this chapter. The council and Parks
Commission will consider the proportion of neighborhood park
needs provided by the proposed facility, and the proportion of new
neighborhood residents to be served by the facility in determining
the credit to be given for private park facilities.
4. Yards, court areas, setbacks and other open space required to
be maintained by the zoning ordinance shall not be included in the
computation of such private open space.
5. The private ownership and maintenance of the parks is
adequately provided for by written agreement.
6. The private parks are restricted for park and recreation
purposes by recorded covenants that run with the land in favor of
Section 955 (Park Dedication) Page 6
June 23, 2011
the future owners of property within the subdivision and which
cannot be modified without the written consent of the City Council.
7. The proposed private parks are reasonably adaptable for use
for park or recreation purposes, taking into consideration
such factors as size, shape, topography, geology, drainage,
access, and location of the proposed facilities.
Subd. 9. Park Fund.
A. Purpose of Park Fund. Cash payments shall be placed by the City
in a special park fund and used only for the acquisition and
development of land for parks, trails, playgrounds, public open
space; development of existing park and playground sites, public
open space; and debt retirement in connection with land
previously acquired for park purposes.
B. Annual Financial Report. Each year, the Parks and Trails
Commission shall present to the council, in such detail as the
council shall require, its estimate of the financial needs of the
Parks and Trails Commission for the ensuing fiscal year.
C. Gifts and Donations. The Parks and Trails Commission is
authorized to receive gifts, devises, bequests, endowments, or
other donations of money and property on behalf of the City. All
moneys received shall be deposited in the Park Fund.
(Ord. 196, passed 06- 24 -04, Ord. 223, passed 08- 11 -05)
Section 955 (Park Dedication) Page 7
June 23, 2011
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Section 955 (Park Dedication) Page 8
June 23, 2011
SECTION 960 - DEVELOPMENT CONTRACT
960.010 - Purpose.
It is the purpose of this section to ensure that a subdivider follows the conditions of
approval and properly installs the basic improvements required in a plat. To that
end, whenever a subdivision includes any public improvements or other conditions
of approval, the subdivider shall enter into a development contract with the City,
setting forth the conditions under which the subdivision is approved.
960.020 - Required Basic Improvements.
Subd. 1. Subdivider Installation of Improvements. The subdivider shall
arrange for installation of all required improvements in the
development subject to the development contract and the
requirements defined in the City of Corcoran Engineering Design
Standards.
Subd. 2. City Installation of Improvements. The City reserves the right to
elect to install all or any part of the basic improvements required
under the provisions of this section pursuant to Minnesota Statutes,
Chapter 429, as may be amended.
Subd. 3. Basic Improvements Required. All of the following required
improvements to be installed under the provisions of this section shall
be designed and constructed in accordance with the design standards
of this Chapter and the City of Corcoran Engineering Design
Standards, which are adopted herein by reference; and approved by
and subject to the inspection of the City Engineer. All of the City's
expenses incurred as the result of the required improvements shall be
paid to the City by the subdivider.
A. Streets.
B. Sanitary sewer.
C. Watermain.
D. Surface water facilities (pipe, ponds, rain gardens, etc.).
E. Grading and erosion control.
F. Sidewalks /trails.
G. Street lighting.
Section 960 (Development Contract) Page 1
June 23, 2011
H. Street signs and traffic control signs.
I. Landscaping required by Section 1060.070 of the Zoning
Ordinance.
J. Wetland mitigation and buffers.
K. Monuments required by Minnesota Statutes.
L. Miscellaneous facilities.
960.030 - Other Improvements Required.
The subdivider shall arrange for the installation of telephone, CATV, electrical and
natural gas service following the grading of boulevard or utility easements.
960.040 - Completion of Basic Improvements.
Subd. 1. The subdivider shall complete all required basic improvements no
later than one year following the commencement of work on the
improvements, except 1) where weather precludes completion, 2) for
street lighting, 3) for landscaping and 4) for the wearing course of
streets.
A. Where weather precludes completion, the improvement(s) may be
completed at the outset of the next construction /growing season.
B. The subdivider shall complete street lighting within 2 years
following the initial commencement of work on the required basic
improvements.
C. The subdivider shall complete landscaping within one year
following the issuance of a building permit for the last vacant lot
within the subdivision unless weather precludes completion, in
which case the landscaping shall be completed at the outset of the
next growing season.
Subd. 2. Reproducible record plans of all public improvements as required by
the City Engineer shall be furnished to the City by the subdivider.
Such record plans shall be in mylar format and, unless previously
exempted from the electronic format requirements, an electronic
format approved by the City Engineer and shall be certified to be true
and accurate by the registered engineer responsible for the
installation of the improvements.
Section 960 (Development Contract) Page 2
June 23, 2011
960.050 - Financial Guarantees.
Subsequent to execution of the development contract but prior to the release of a
signed final plat mylar for recording, the subdivider shall provide the City with a
financial guarantee in the form of a performance bond, letter of credit from a bank,
cash escrow, or a combination of a performance bond, letter of credit and a cash
deposit with the City. The guarantee shall be in an amount equal to 125 percent of
the estimated cost of completion of the specified basic improvements. The issuer of
the letter of credit or the escrow agent, as applicable, shall be acceptable to the City.
Subd. 1. Letter of Credit. If the subdivider posts a letter of credit as a
guarantee, the credit shall 1) be irrevocable, 2) be from a bank
approved by the City, 3) be in a form approved by the City, 4) be for a
term sufficient to cover the completion, maintenance and warranty
periods identified in this Section and 5) require only that the City
present the credit with a sight draft and an affidavit signed by the City
Administrator or the Administrator's designee attesting to the City's
right to draw funds under the credit.
Subd. 2. Cash Escrow. If the subdivider posts a cash escrow as a guarantee,
the escrow instructions approved by the City shall provide that 1) the
subdivider will have no right to a return of any of the funds except as
provided in Section 960.060, and 2) the escrow agent shall have a
legal duty to deliver the funds to the City whenever the City
Administrator or the Administrator's designee presents an affidavit to
the agent attesting to the City's right to receive funds whether or not
the subdivider protests that right.
Subd. 3. Cash. A cash deposit made with the City may be used as part of the
required financial guarantee in those instances where the subdivider
elects to have the City install some or all of the public improvements.
Subd. 4. Performance Bond. A performance bond shall be conditioned upon
the performance by the operator to complete the work for which the
bond is required. The performance guarantee shall be issued by an
insurance company, bank or other entity approved by the City and
shall be conditioned upon the faithful performance of all terms of the
permit and the law, and shall specify that if the City determines that
the subdivider has failed to faithfully perform or is in default under
any of its obligations, the obligor shall make good and reimburse the
City such funds as are necessary to pay damages incurred by the City
or otherwise meet the obligations of the permit and the law.
960.060 - Release and Expiration of Financial Guarantees.
Section 960 (Development Contract) Page 3
June 23, 2011
Subd. 1. The financial guarantee shall be held by the City until, upon written
notice by the subdivider and certification from a professional
engineer that part or all of the required improvements have been
completed and upon verification of such by the City staff, a portion or
the entire financial guarantee is released by the City Engineer. No
financial guarantee shall be released in full until the City has received
1) certified, reproducible record plans of all required improvements
installed by the subdivider and 2) a title insurance policy approved by
the City Attorney indicating that the improvements are free and clear
of any and all liens and encumbrances.
Subd. 2. It shall be the responsibility of the subdivider to insure that a
submitted financial guarantee shall continue in full force and effect
until the City Engineer has approved and accepted all of the required
improvements, and thereby is authorized to release the guarantee or
reduce the amount of the guarantee as provided in Subd. 1 above.
Subd. 3. When any instrument submitted as a financial guarantee contains
provision for an expiration date, after which the instrument may not
be drawn upon, notwithstanding the status of the Development
Contract or of the required improvements, the expiration date shall be
October 31 or the closest business day in the case of weekends and
legal holidays. Further, the financial guarantee shall be deemed
automatically extended without change for 6 months from the
expiration date unless 60 days prior to the expiration date, the
financial institution notifies the City in writing by certified mail that it
does not elect to renew the financial guarantee for an additional
period. If the instrument is not to be renewed and has not been
released by the City Engineer, another acceptable financial guarantee
in the appropriate amount shall be submitted at least 60 days prior to
the expiration. The term of any extension shall be approved by the
City Engineer and subject to the requirements of this section. Upon
receipt of an acceptable substitute financial guarantee, the City
Engineer may release the original guarantee.
960.070 - Performance Guarantee.
Subd. 1. The subdivider shall submit either 1) a performance bond or 2) a letter
of credit for 25 percent of the amount of the original cost of the
improvements.
A. The required warranty period for materials and workmanship from
the utility contractor installing public sewer and water mains shall
be 2 years from the date of final written City acceptance of the work.
Section 960 (Development Contract) Page 4
June 23, 2011
B. The required warranty period for all work relating to street
construction, including concrete curb and gutter, sidewalks and
trails, materials and equipment shall be subject to one year from the
date of final written acceptance, unless the wearing course is placed
during the same construction season as the bituminous base course.
In those instances, the subdivider shall guarantee all work, including
street construction, concrete curb and gutter, sidewalks and trails,
material and equipment for a period of 2 years from the date of final
written City acceptance of the work.
C. The required warranty period for sod, trees, and landscaping is one
growing season following installation.
Section 960 (Development Contract) Page 5
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Section 960 (Development Contract) Page 6
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SECTION 965 - OFFICIAL MAPS
965.010 - Purpose.
Land that is needed for future street purposes and as sites for other necessary
public facilities and services is frequently diverted to non - public uses which could
have been located on other lands without hardship or inconvenience to the owners.
When this happens, public uses of land may be denied or may be obtained only at
prohibitive cost or at the expense of dislocating the owners and occupants of the
land. Identification on an official map of land needed for future public uses permits
both the public and private property owners to adjust their building plans equitably
and conveniently before investments are made which will make such adjustments
difficult to accomplish. It is the purpose of this ordinance to provide a uniform
procedure for the proper use of official maps as authorized by the Minnesota
Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.36.
965.020 - Official Map Defined.
"Official map" as used in this ordinance means a map adopted in accordance with
this ordinance showing existing streets, proposed future streets, and the area
needed for widening of existing streets of the City. An official map may also show
the location of existing and future land and facilities within the City. An official map
may cover the entire City or any portion of the City.
965.030 - Initiation of Proceedings.
Proceedings for adoption, amendment, or repeal of an official map or any part
thereof may be initiated by 1) the City's Planning Division; 2) a recommendation of
the Planning Commission; or 3) action by the City Council.
965.040 - Reference to Planning Commission.
Every proposed official map or change in a map shall be referred to the Planning
Commission for advice and recommendation thereon, and such recommendation
shall be submitted to the City Council within 45 days after reference to the Planning
Commission along with the report of the Commission on the effect of the proposal
on the comprehensive plan of the City. If no recommendation is received by the
Council from the Planning Commission within 45 days after reference of the
proposal to the Commission by the Council, the Council may take such action as it
may deem proper upon the proposal without further action by the Planning
Commission.
965.050 - Notice and Hearing.
Subd. 1. Notice. Upon receiving the recommendation of the Planning
Commission or after 45 days from the submission of the proposal to
Section 965 (Official Maps) Page 1
June 23, 2011
the Planning Commission without a recommendation from the
Commission, the Council may call a public hearing on the proposal. A
notice of the time, place, and purpose of the hearing and a description
of property to be included in the mapped streets and public grounds
shall be published in the official newspaper at least 10 days prior to
the date of the hearing. At least 10 days prior to the hearing the Clerk
shall also mail a copy of the notice to each owner of land situated
within or abutting any street or other public ground shown on the
official map. For purposes of this notice the owners shall be
determined by the records of the County Auditor and the notice shall
be addressed to the last known address as shown by the Auditor's
records. Failure to serve any such notice shall not invalidate the
proceedings.
Subd. 2. Hearing. At the time and place specified in the notice, the Council
shall hear evidence and arguments concerning the proposal. The
hearing may be continued from time to time without further notice.
The Council may direct the Planning Commission to conduct a hearing
and following the hearing to report its recommendation to the
Council.
965.060 - Preparation and Filing of Maps.
The official map or maps shall be prepared in sufficient detail to permit the
establishment of future acquisition lines on the ground. In unplatted areas a
minimum of a centerline survey shall be made prior to the preparation of the final
draft of the official map. A licensed land surveyor shall attest to the accuracy of the
future acquisition lines shown on the official map. After enactment of any ordinance
adopting an official map or amending or repealing a previous official map ordinance,
a certified copy of the official map or section to which the ordinance relates together
with an attached copy of the ordinance shall be filed with the County Recorder.
965.070 - Effect.
After an official map has been adopted and filed, the issuance of building permits by
the City shall be subject to the provisions of this ordinance. The City shall deny
every application for a permit to construct a new building or structure or expand an
existing building or structure within any area designated on the official map for
street or other public purposes. Whenever any street or highway is widened or
improved or any new street is opened, or any interest in lands for other public
purposes is acquired by the City, the City is not required in such proceedings to pay
for any building or structure placed without a permit or in violation of conditions of
a permit within the limits of the mapped street or outside of any building line that
may have been established upon the existing street or within any area thus
Section 965 (Official Maps) Page 2
June 23, 2011
identified for public purposes. The adoption of an official map does not give the City
any right, title, or interest in areas identified for public purposes thereon, but the
adoption of the map does authorize the
City to acquire such interest without paying compensation for buildings or
structures erected in such areas without a permit or in violation of the conditions of
a permit.
965.080 - Appeals.
Whenever a building permit is denied pursuant to this ordinance, the Board of
Appeals and Adjustments shall, upon appeal filed with it by the owner of the land,
grant a permit for building in an area designated on the official map for a street or
other public purpose in any case in which the Board finds, upon the evidence and
the arguments presented to it, (a) that the entire property of the appellant of which
the area designated for public purposes forms a part cannot yield a reasonable use
to the owner unless such a permit is granted, or (b) that balancing the interest of the
City in preserving the integrity of the official map and of the comprehensive City
plan and the interest of the property owner in the use of his property and in the
benefits of ownership, the grant of such permit is required by considerations of
justice and equity. The Board of Appeals and Adjustments shall hold a public hearing
upon the appeal after notice of the hearing has been published in the official
newspaper once at least 10 days before the hearing. If the Board authorizes the
issuance of a permit, it shall specify the exact location, ground area, height, and
other details as to the extent and character of the building for which the permit is
granted. If the Board authorizes issuance of a permit, the Council or other Board or
Commission having jurisdiction shall have 6 months from the date of the decision of
the Board to institute proceedings to acquire such land or interest therein, and if no
such proceedings are started within that time, the City shall issue the permit if the
application otherwise conforms to local ordinances.
Section 965 (Official Maps) Page 3
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Section 965 (Official Maps) Page 4
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SECTION 970 - ADMINISTRATION - VARIANCES
970.010 - Purpose.
The purpose of this section is to provide for variations from the literal provisions of
this Chapter in instances where strict enforcement would cause practical difficulties
because of conditions affecting the individual property under consideration, and to
grant such variances only when it is demonstrated that such actions would be in
keeping with the spirit and intent of this Chapter.
970.020 - Board of Adjustments and Appeals.
The City Council shall be designated to act as the Board of Adjustments and Appeals.
References to the "Council" hereafter in this section shall mean the City Council
acting in its capacity as the Board of Adjustment and Appeals.
970.030 - Review Criteria.
The Council shall not approve a variance unless they find that failure to grant the
variance will result in practical difficulties to the applicant, as defined by Minnesota
Statute 462.357. The burden of proof is on the applicant to show that all of the
following criteria have been met:
A. That there are practical difficulties in complying with the zoning
ordinance.
B. That the conditions upon which a petition for a variation is based
are unique to the parcel of land for which the variance is sought
and were not created by the landowner.
C. That the granting of the variation will not alter the essential
character of the locality.
D. The proposed variance would be in harmony with the general
purposes and intent of the ordinance.
E. The variance is consistent with the Comprehensive Plan.
The City may impose conditions on the variance to address the impact of
the variance.
970.040 - Procedures.
Section 970 (Administration - Variances) Page 1
June 23, 2011
An application for a variance shall be approved or denied pursuant to Minnesota
Statutes 462.358. Additional City requirements are as follows:
Subd.1. Processing.
A. Requests for a variance to the provisions of this Chapter shall be
filed with the Zoning Administrator on an official application form.
Such variance application shall be considered simultaneously with
an application for subdivision approval. A fee as set forth by the
City Code shall accompany such application. This fee shall not be
refunded. The variance application shall be considered officially
complete when the applicant has complied with all the specified
informational requirements, which shall include the following:
1. A written description of the request for the variance, including
an explanation of compliance with the variance criteria set
forth in this section; and
2. Supporting materials such as site plans, as determined by the
Zoning Administrator, as necessary for the complete and clear
definition and understanding of the request.
3. The applicant shall sign the application. If the fee owner of the
property is not the applicant, the applicant shall provide
written authorization by the fee owner as part of the
application.
B. Upon receipt of a complete application, as determined by staff
review, and following preliminary staff analysis of the application
and request, the Zoning Administrator, when appropriate, shall
establish a schedule for consideration by the Planning
Commission. At least 10 days before the date of the Planning
Commission meeting, a written notice of the request shall be
mailed to all owners of property located within 350 feet of the
boundaries of the property which is the subject of the application.
C. Failure of a property owner to receive notice shall not invalidate
any such proceedings as set forth within this Chapter.
D. The Zoning Administrator shall instruct the appropriate staff
persons to prepare technical reports where appropriate, and
provide general assistance in preparing a recommendation on the
action to the Planning Commission.
Section 970 (Administration - Variances) Page 2
June 23, 2011
E. The applicant or a representative thereof may appear before the
Planning Commission in order to present and answer questions
concerning the proposed request.
F. The Planning Commission shall make a finding of fact and make a
recommendation on such actions or conditions relating to the
request, as they deem necessary to carry out the purpose of this
Chapter. Such recommendations shall be in writing and
accompanied by the report and recommendation of the City staff.
G. The Council shall not act upon the request until they have received
a report and recommendation from the Planning Commission and
the City staff.
H. Upon receiving the report and recommendation of the Planning
Commission and the City staff, the City Administrator shall
schedule the application for consideration by the Council. Such
reports and recommendations shall be entered in and made part
of the permanent written record of the Council meeting.
I. Upon receiving the report and recommendation of the Planning
Commission and the City staff, the Council shall have the option to
set and hold a public hearing if deemed necessary and shall make a
recorded finding of fact and may impose any condition they
consider necessary to protect the public health, safety and welfare.
If, upon receiving said reports and recommendations of the
Planning Commission and City staff, the Council finds that specific
inconsistencies exist in the review process and thus the final
determination of the Council will differ from that of the Planning
Commission, the Council may, before taking final action, refer the
matter back to the Planning Commission for further consideration.
The Council shall provide the Planning Commission with a written
statement detailing the specific reasons for referral. This
procedure shall be followed only one time on a singular action.
K. Approval of a request shall require passage by a majority vote of
the entire Council.
L. When granting a variance, the Council may impose conditions it
deems necessary to protect the health, safety and general welfare,
and to meet the objectives of the provision to which the variance is
granted.
M. In all cases where a variance is granted, the Council shall require
such evidence and guarantees as it deems necessary to insure
Section 970 (Administration - Variances) Page 3
June 23, 2011
compliance with the conditions designated in connection
therewith.
N. The Zoning Administrator shall serve a copy of the final order of
the Council upon the applicant by mail.
0. Whenever an application for a variance has been considered and
denied by the Council, a similar application for a variance affecting
substantially the same property shall not be considered again by
the Planning Commission or Council for at least 6 months from the
date of its denial.
970.050 - Appeal of Council Ruling.
Any person or persons, any private or public board, or taxpayer of the City
aggrieved by any decision of the Council shall have the right to seek review of the
decision with a court of record in the manner provided by the laws of the State of
Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may
from time to time be amended, supplemented or replaced.
970.060 - Expiration.
A variance approved under this section shall expire without further action by the
Planning Commission or the Council, at such time as the related subdivision
approval expires.
Section 970 (Administration - Variances) Page 4
June 23, 2011
SECTION 975 - ADMINISTRATION - VACATIONS OF RIGHTS -OF -WAY AND
EASEMENTS
975.010 - Procedure.
A request for vacation of a right -of -way or easement shall be filed in writing with
the City Engineer. In the case of a request for vacation of a right -of -way, a
landowner directly abutting such right -of -way shall sign the written request. In the
case of a request for vacation of an easement, a landowner of the property
encumbered by such easement shall sign the written request.
975.020 - Filing.
A written request to vacate a right -of -way or an easement shall be accompanied by
the following:
A. Information, both written and graphic, that describes the reason for, and
location of, the proposed vacation;
B. A fee as set forth in the City Code;
C. For requests involving the vacation of right -of -way, the applicant shall submit
the addresses of all properties directly abutting the right -of -way to be vacated;
and
D. For requests involving the vacation of an easement, the applicant shall submit a
legal description of the area to be vacated.
975.030 - Public Hearing Required.
Subd. 1. Upon receipt of a complete vacation request, the City Engineer shall
set a public hearing following proper notification.
Subd. 2. Notice of said hearing shall be published once in the official
newspaper at least 10 days prior to the hearing, and shall be mailed to
all landowners of property directly abutting the area to be vacated
and to all utility companies serving the area.
Subd. 3. The City Engineer shall instruct the appropriate staff persons to
prepare technical reports where appropriate, and provide general
assistance in preparing a recommendation of the action to the City
Council.
Section 975 (Administration - Vacations of Right -of -Way and Easements) Page 1
June 23, 2011
Subd. 4. The City Council shall consider possible adverse effects of the
requested vacation. Its judgment shall be based upon (but not limited
to) the following factors:
A. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent
with the City's Comprehensive Plan, including public facilities and
capital improvement plans.
B. The proposed action meets the purpose and intent of this Chapter.
C. The proposed action has been considered in relation to the future
needs of the City, utility companies and surrounding property
owners.
Subd. S. The City Council and City staff shall have the authority to request
additional information from the applicant or to retain expert
testimony with the consent and at the expense of the applicant, said
information to be declared necessary to establish performance
conditions in relation to all pertinent sections of this Chapter.
Subd. 6. The applicant or a representative thereof may appear before the City
Council in order to present information and answer questions
concerning the proposed request.
Subd. 7. Upon receiving the report and recommendation of the City staff, the
City Council shall conduct the hearing, consider the request, and
render its decision. The staff recommendation shall be entered in and
made part of the permanent written record of the City Council
meeting.
Subd. 8. Approval of a right -of -way or easement vacation shall require passage
by a majority vote of the entire City Council.
Subd. 9. Whenever an application for a right -of -way or easement vacation has
been considered and denied by the City Council, a similar application
for a vacation shall not be considered again by the City Council for at
least 6 months from the date of its denial.
Section 975 (Administration - Vacations of Right -of -Way and Easements) Page 2
June 23, 2011
SECTION 980 - ADMINISTRATION - APPEALS
980.010 - Board Designation.
The City Council shall serve as the Board of Adjustments and Appeals. References to
the "Council" hereafter in this section shall mean the City Council acting in its
capacity as the Board of Adjustment and Appeals.
980.020 - Applicability.
An appeal shall only be applicable to an interpretation of legislative intent of
provisions of this Chapter. Opinions and evaluations as they pertain to the impact
or result of a request are not subject to the appeal procedure.
980.030 - Filing.
An appeal from the ruling of an administrative officer of the City shall be filed by the
property owner or their agent with the Zoning Administrator within 30 days after
the making of the order being appealed.
980.040 - Stay of Proceedings.
An appeal stays all proceedings and the furtherance of the action being appealed
unless it is certified to the Council, after the notice of appeal is filed, that by reason
of facts stated in the certificate, a stay would cause imminent peril to life and
property. In such case, the proceedings shall not be stayed other than by a
restraining order which may be granted by a court of record on application, and
upon subsequent notice to the City.
980.050 - Procedure.
The procedure for making such an appeal shall be as follows:
Subd. 1. The property owner or their agent shall file with the Zoning
Administrator a notice of appeal stating the specific grounds upon which the appeal
is made. A fee set forth in the City Code shall accompany said application.
Subd. 2. The Zoning Administrator shall instruct the appropriate staff persons
to prepare technical reports when appropriate and shall provide general assistance
in preparing a recommendation on the action to the Council.
Subd. 3. The Council shall make its decision by resolution within 60 days from
the date on which a completed application is filed.
Subd. 4. The Zoning Administrator shall serve a copy of the final order of the
Council upon the petitioner by mail.
Section 980 (Administration - Appeals) Page 1
June 23, 2011
980.060 - Appeals from the City Council.
Any person or persons, any private or public board, or taxpayer of the City
aggrieved by any decision of the Council shall have the right to seek review of the
decision with a court of record in the manner provided by the laws of the State of
Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may
be from time to time amended, supplemented or replaced.
Section 980 (Administration - Appeals) Page 2
June 23, 2011
SECTION 985 - ENFORCEMENT AND PENALTIES
985.010 -Administration.
This Chapter shall be administered and enforced by the Zoning Administrator. The
Zoning Administrator's duties shall include, but not be limited to, the following:
Subd. 1. Periodically inspect property to determine compliance with the terms
of this Chapter.
Subd. 2. Notify, in writing, any person responsible for violating a provision of
this Chapter, indicating the nature of the violation and ordering the
action necessary to correct it.
Subd. 3. Order discontinuance of illegal work being done or take any other
action authorized by this Chapter to insure compliance with or to
prevent violation of its provisions, including cooperation with the City
Attorney in the prosecution of complaints.
Subd. 4. Maintain permanent and current records of the Subdivision
Ordinance.
Subd. 5. Maintain current files of all subdivision approvals and copies of
notices of violations thereto and, upon request, provide complaint and
violation information to any person having a proprietary or tenancy
interest in any specific property.
Subd. 6. Provide clerical and technical assistance to the Planning Commission,
City Council, and Board of Zoning Adjustments and Appeals.
Subd. 7. Receive, file and forward as applicable to the Board of Zoning
Adjustments and Appeals, Planning Commission, or City Council all
applications for subdivision as required herein.
985.020 - Enforcement.
If any subdivision, construction, reconstruction, or use occurs in violation of this
Chapter, the Zoning Administrator may, in addition to other remedies, institute any
proper criminal action or proceedings in the name of the City of Corcoran, and
hereby shall have the powers of a police officer to prevent such unlawful
subdivision, construction, reconstruction, or use, to restrain or correct such
violations, to prevent the occupancy of said property, or to prevent any illegal act,
conduct, business or use in or about said premises.
Section 985 (Enforcement and Penalties) Page 1
June 23, 2011
985.030 - Penalties.
Any person who violates a provision of this Chapter is guilty of a misdemeanor and,
upon conviction thereof, shall be fined or penalized not more than the maximum
levels established by the State of Minnesota for misdemeanor offenses.
Section 985 (Enforcement and Penalties) Page 2
June 23, 2011