City Council Ordinance 412CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 412
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE
AN ORDINANCE AMENDING TITLE 11 OF THE MONTICELLO CITY CODE KNOWN AS
THE SUBDIVISION ORDINANCE, BY PROVIDING FOR CHANGES TO STANDARDS AND
PROCESSING RELATED TO PARK DEDICATION, FINAL PLAT FILING AND SUBDIVISION
DEVELOPMENT REGULATIONS.
The City Council of the City of Monticello hereby ordains:
Section 1: Section 11-3-3 is hereby amended by adding the following subsections:
(C) RECORDING FINAL PLAT: If the final plat is approved by the City Council,
the subdivider shall record it with the County Recorder within one hundred
(100) days after said approval. If the subdivider fails to so record the final plat,
the approval shall be considered void, unless a request for time extension is
submitted in writing and approved by the City Council prior to the expiration
of the one hundred (100) day period. The subdivider shall, immediately upon
recording, furnish the City Clerk with a print and reproducible tracing of the
final plat showing evidence of recording. No building permits shall be let for
construction of any structure on any lot said plat until the City has received
evidence of the plat being recorded by the County.
(D) RECORDING OF MULTIPLE -PHASED PLATS: If a preliminary plat is
final platted in stages, unless otherwise provided for in the development
contract, all stages must be final platted into lots and blocks (not outlots)
within three (3) years after the preliminary plat has been approved by the City
Council. If the final plats are not approved and recorded in accordance with
this time frame, the preliminary plat approval shall be considered void, unless a
request for time extension is submitted in writing and approved by the City
Council prior to the expiration of the three (3) year period.
Section 2: Section 11-6-1 (A) is hereby amended to read as follows:
11-6-1
(A) Pursuant to Minnesota Statutes 462.358, Subdivision 2, the City Council of
Monticello shall require all developers requesting platting or replatting of land
in the City of Monticello to contribute an amount of land for public park and
trail purposes. The location of said land shall be at the discretion of the City
Council. The amount of said land shall be reasonably commensurate with
demand that the platting or replatting places on the City park system, as
described in the Comprehensive Plan. For purposes of this Section, an amount
of land equal to ten percent (10%) of the total gross land area of the plat shall
be presumptively defined as "reasonably commensurate." In the event that the
subdivider objects to the ten percent (10%) standard, the City shall, at the
developer's request and expense, conduct a specific dedication study of the
park system and the demand placed on the system by the proposed plat. [Alt:
For purposes of this Section, an amount of land equal to one (1) acre for each
75 persons in the subdivision shall be presumptively defined as "reasonably
commensurate." To estimate the population of the subdivision, a household
size of 3.5 persons per unit for single family homes and 2.5 persons per unit for
attached housing shall be used.] Prior to conducting the study, the City shall
obtain a waiver of statutory time lines for plat approval during the conduct of
the study. No approval of final plats, nor construction of any improvements,
shall occur until the park dedication study is completed. In lieu of land
dedication, the City Council may require a cash contribution in accordance
with Minnesota Statutes, or a combination of both. The City Council's
decision on land and/or cash shall be made following recommendations from
the City's Park Commission and staff, in accordance with the Comprehensive
Plan.
Section 3: Section 11-6-1 (B) is hereby amended to read as follows:
(B) In accordance with Minnesota Statutes, where the City Council determines that
the park dedication requirements shall be paid in a cash contribution, the
amount of said contribution shall be based on the market value of the land no
later than at the time of final plat. The City may require that the subdivider
provide an appraisal to determine the market value. In the alternative, the City
may, by Ordinance, establish a fee per residential unit that will meet the cash
dedication requirement. The determination of the appropriate fee calculation
shall be made by the City Council.
Section 4: Section 11-6-1 (C) is hereby amended to read as follows:
(C) The City Council shall not accept for credit against a subdivider's park
dedication requirement any of the following:
1. Delineated wetlands.
2. Land within a designated floodplain.
3. Land encumbered by a utility easement such as a petroleum or electric
power transmission line (except where such easement is a standard
platting requirement of the City of Monticello pursuant to Section 11-5-
4 of this Chapter, and where the City determines that the land within
the easement will be usable for park, trail, or open space purposes.)
4. Land within a drainage easement or other land required for stormwater
treatment.
The City may, at its discretion, accept lands in the above categories for park
dedication purposes if it deems the dedication to be of public benefit. No
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credit shall be given against the subdivider's park dedication requirement,
however, unless the City determines that the land will be used for a specific
public park, trail, or open space purpose.
Section 5: Section 11-6-1 is hereby amended to add the following subsection:
(E) In addition to the park dedication requirements listed above, each newly
subdivided lot shall pay a surcharge for park and trail development purposes.
The surcharge will be at a prevailing rate as determined by the City Council.
Section 6: Section 11-6-D is hereby amended to read as follows:
(D) Land dedicated for park purposes shall be transferred to the City of Monticello
by warranty deed. The transfer of said land shall occur at the time of recording
of the final plat. For multiple -phased developments, all of the park dedication
land shown on the approved Preliminary Plat shall be transferred to the City
upon the recording of the first final plat, in the form of Outlot(s) and shall not
be shown as "Park" on the plat. The Development Agreement may permit the
phasing of said land transfer. In addition, the Development Agreement shall
grant the subdivider a license to enter the park dedication land for the purposes
of required grading, seeding, or other work approved by the City Council.
Section 7: Section 11-5-3 is hereby amended to add the following:
(M) SUBDIVISION ENTRANCE MONUMENTS: Subdivision Entrance
Monuments shall only be allowed in conformance with Title 10, Section 10-3
of the Monticello Zoning Ordinance, and shall be required to meet the
following standards:
1. No such Entrance Monument may be located within the public right of
way of any street.
2. Entrance Monuments shall be permitted only where an association of
homeowners has been established with the legal and financial
responsibility for maintenance of the monument.
3. In the event that the monument becomes a nuisance, either through lack
of maintenance or other event, or becomes a hazard to traffic, the City
may remove said monument at the expense of the property owner on
whose property the monument is located, or at the expense of the
association if appropriate or both.
Section 8: Section 11-4-1 (B) is hereby amended to add the following:
12. A survey of all trees on the property, including location, size, and species is
required. Deciduous trees that are less than six (6) inches in diameter at a
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point five (5)f P e. tabove the natural grade, or trees that are of undesirable
species, including Poplar, Boxelder, or Elm, may be exempted from this
survey.
Section 9: Section 11-4-1 (B) 11 is hereby amended to read as follows:
13. A proposed grading plan showing the present and existing contours at a two (2)
foot contour interval, together with off-site existing contours within two
hundred (200'feetof the proposed subdivision is required unless waived by the
City Engineer. If determined to be necessary by the City Engineer, one (1) foot
contours may be required for proposed grading plans in order to ensure
property drainage. The proposed grading plan shall demonstrate a design for
the subdivision that respects the natural topography, and preserves existing
trees, wetlands, and other natural features.
Section 10: This Ordinance amendment shall take effect and be in full force from and after its
passage and publication.
Adopted by the Monticello City Council this 2')rd day of August, 2004.
ATTEST:
Rick Wolfsteller, Cif Administrator.
Bruce Thielen, Mayor
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