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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 2 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 3 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 4