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Planning Commission Agenda 08-21-2012 SPECIAL MEETING MONTICELLO PLANNING COMMISSION Tuesday, August 21st, 2012 5:30 PM Academy Room, Monticello Community Center Commissioners: Brad Fyle, Charlotte Gabler, William Spartz, Staff: Angela Schumann, Ron Hackenmueller 1. Call to order. 2. Planning Commission Interview 3. Subdivision Workshop 4. Community Tour 5. Adjourn. Planning Commission Agenda – 08/21/12 2. Planning Commission Interview A. REFERENCE AND BACKGROUND The Planning Commission has received an application for one of the two open seats on the Commission. Included in this packet is the application from Mr. Sam Burvee, along with proposed interview questions for the evening. Commission is welcome to add additional questions for the interview. To clarify procedure in advance of the interviews, the Commission is asked to begin questions with the Chair, and then rotate questions amongst the Commissioners. The City Council has been extended an invitation to attend the interview, and as such, the meeting has been posted as open for both quorums of the Council and Commission. B. ALTERNATIVE ACTIONS 1. Motion to recommend the appointment of Mr. Sam Burvee to the Monticello Planning Commission, effective September 4th, 2012. 2. Motion of other. C. SUPPORTING DATA A. Application B. Interview Questions Name Address t./0 Home Phone_ APPLICATION FOR BOARDS AND COMMISSIONS Cell Phone -E-Mail— ..:s; •v:.l� 1f M07\710ELL0 If not otherwise specified, you must be a resident of the City of Monticello to serve on the following boards. Please circle the board(s) on which you are interested in serving. Industrial and Economic Development Committee (Does not require residency) FiberNet Advisory Board _, City Planning Commission Library Monticello Community Center Advisory Board Police Advisory Commission Parks Commission Economic Development Authority (May not require residency) Transportation Advisory Committee Education Highest Level of Education 8h 0� Employment Current Employer, if applicable &_4 ZV�11ysh=e_5 Position/Title 01 • t f?��ks. Dates of Employment (starting/ending) T,. t,j z0"0 - Former Employer, if applicable Position/Title Dates of Employment (starting/ending) Other Please describe in detail why you are interested in volunteering for the City of Monticello. FTs S i%4ot ytyq"e. A 14 e"01W / ee.l " CtJ 'l. iicD `J > 7' C'v{ ry a Please describe your prior volunteer experiences (include organization names and dates of service) az C"O >1nE 41('V 4-A Zoo�i - CR - List your qualifications for this appointment: hA--._ ck 5Ttl 1 5.f',c�5� 8 '14- +, _ L A fz r n c b'� Q.n.: �. i /'✓ P .f_� G� J O g'o �i'�, `_ �yt av > ¢�f ' t/: ..✓i 4S4uc"c ✓c? �{� n c �7'E , L ,:.s_ ue! �''Yi✓3F v-•-.—. J Q111,1_14b _ 1 6 c �L .ase i 3 " 0 References Please list three non -family members who can provide references on your ability to perform this volunteer positon: Name 9,r%.� "1-� Phone Number Name.Phone Number Name �nnd .. �, .1 Phone Number Please read the following carefully before signing this application: I understand that this is an application for and not a commitment or promise of volunteer opportunity. I certify that I have and will provide information throughout the selection process, including on this application for a volunteer position and in interviews with the City of Monticello that is true, correct and complete to the best of my knowledge. I certify that I have and will answer all questions to the best of my ability and that I have not and will not withhold any information that would unfavorably affect my application for a volunteer position. I understand that information contained on my application will be verified by the City of Monticello. I understand that misrepresentation or omissions may be cause for my immediate rejection as an applicant for a volunteer position with the City of. Monticello or my termination as a volunteer. Signature Date -7-LP'/2- Return Completed Application to: Monticello City Hall, Attn: Human Resources, 505 Walnut St, Suite 1, Monticello, MN 55362 FAX: (763)295-4404 PLANNING COMMISSION INTERVIEWS Name: Date: August 21, 2012 QUESTION AND ANSWER SESSION 1. What experience do you have in the area of City planning? 2. In your estimation, what have been the favorable and unfavorable ways the City has developed in the past few years? 3. Describe a time in your past when you had to stand up for what you believed in despite pressure to think, act, or do otherwise. 4. Do you think willingness to seek compromise is a good trait for a Planning Commissioner? Why or why not? 5. What special skills, abilities, or talents will you bring to the Commission? 6. How long do you see yourself serving on the Commission? 7. What special challenges do you see in Monticello’s future in terms of land use or development? Continue on back page Planning Commission interviews Page 2 8. Would you be able to attend special meetings/seminars from time to time? 9. Scenario: A prospective business owner would like to start a business in a commercial zone located on the edge of the downtown area and directly adjacent to a residential area. Before he can start his business he needs to get a conditional use permit from the City. The business owner is able to meet all site plan requirements and it appears proper to grant the permit. However, 10 irate property owners appear at the public hearing and demand that the City deny the conditional use request because it may result in additional traffic on a nearby highway. How would you vote on this matter and why? Planning Commission Agenda – 8/21/12 1 3. Subdivision Ordinance Workshop A. REFERENCE AND BACKGROUND The 2012 Planning Commission workplan identified the revision of the Monticello Subdivision as a primary goal. The amendment of the subdivision ordinance was identified as a top priority due to the outdated nature of some of regulations and the need to provide continuity between the new zoning ordinance and the platting process. Furthermore, the 2008 Monticello Comprehensive Plan states: Subdivision Regulations While the land use plan has direct implications for zoning, the Comprehensive Plan does not have comparable effects on the land subdivision and platting regulations. Changes in these regulations are not required for the immediate adoption of the Plan, but are recommended in order to incorporate some of the concepts discussed in the Plan. The last statement refers to the idea that the City would seek to develop standards which support high-end housing, including options for the full spectrum of housing cycles, as well as the opportunity to promote sustainable development practices to the extent practical. Prior to the Planning Commission’s community tour and workshop on the subdivision ordinance, a small staff work group made up of Community Development, Building and Engineering staff reviewed the ordinance in detail. The group also reviewed ordinances from other communities as a means of comparison and idea generation. The small group identified:  Outdated language  Language that may be eliminated or revised based on existing or recent ordinance amendments  City ordinance or Design Manual specifications that should instead be included in the subdivision ordinance  Suggested ordinance additions from other sample codes An overview of staff findings will be presented during the Commission discussion. In staff’s detailed review, it was also determined that for the most part, the subdivision ordinance is a technical document. The ordinance includes procedures, plan requirements and specifications that must remain intact with some minor modification. There are some policy-related decisions for the Planning Commission, though many of the neighborhood and development-area design elements are instead included in Planning Commission Agenda – 8/21/12 2 the new zoning ordinance. These include regulations for density, setback, landscaping, and wetland and tree preservation. Staff has isolated a small number of policy questions for the Commission to consider as part of the ordinance revision process. These include:  Entrance Monument Placement and Design Standards  Ponding Placement and Design Standards  Street Width and Design  Sidewalk and Trail Connections  Lighting Standards The community tour following the Commission’s discussion will focus on gathering feedback on the above items. In addition to tour feedback, the Commission is asked to review the current subdivision ordinance, as well as the sample codes provided from other communities. The Commission’s feedback on the items above, along with staff notations, will be provided to planning consultant Ben Gozola of MFRA. Mr. Gozola will begin preparation of a draft code for a first review by the Commission in October of 2012. The City Engineer and Attorney will continue to be included in the re-drafting, as well. B. ALTERNATIVE ACTIONS No formal action is requested at this time. However, as noted above, the Commission is asked to provide a list of questions, comments and suggestions on the ordinance by September 4th, 2012. C. SUPPORTING DATA A. Current Subdivision Ordinance, Title 11 B. Current Trees and Shrubs Ordinance, Title 8, Chapter 3 C. Comprehensive Plan Excerpt, 3-8 through 3-10, 3-12, 3-13 D. Design Manual – View at www.ci.monticello.mn.us, Click on “City Services”, “Engineering” E. Ordinance Samples - To be provided at meeting i. Big Lake ii. Cloquet iii. Chanhassen iv. Maple Grove TITLE 11 SUBDIVISION ORDINANCE General Provisions 1 Rules and Definitions 2 Procedure 3 Data Required for the Preliminary and Final Plats 4 Design Standards 5 Parks, Open Space, and Public Use 6 Required Basic Improvements 7 Registered Land Surveys and Conveyance by Metes and Bounds 8 Variance 9 Fees 10 Vio lat ion s an d Pe nal ty 11 Effective Date 12 MONTICELLO SUBDIVISION ORDINANCE TITLE XII/Chapt 1/Page 1 CHAPTER 1 GENERAL PROVISIONS SECTION: 11-1-1:Short Title 11-1-2:Purpose 11-1-3:Scope 11-1-4:Approvals Necessary for Acceptance of Subdivision Plats 11-1-5:Conditions for Recording 11-1-6:Building Permits 11-1-7:Exceptions 11-1-8:Separability 11-1-9:Conflict AN ORDINANCE ESTABLISHING REGULATIONS FOR THE SUBDIVISION AND PLATTING OF LAND WITHIN THE CITY OF MONTICELLO, DEFINING CERTAIN TERMS USED THEREIN: PROVIDING FOR THE PREPARATION OF PLATS; PROVIDING FOR THE INSTALLATION OF STREETS AND OTHER IMPROVEMENTS; PROVIDING FOR THE DEDICATION OF CERTAIN LAND FOR PARKS AND PLAYGROUNDS; ESTABLISHING PROCEDURES FOR APPROVAL AND THE RECORDING OF PLATS; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; AND REPEALING ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH. THE COUNCIL OF THE CITY OF MONTICELLO DOES ORDAIN: 11-1-1:SHORT TITLE: This ordinance shall be known as the "SUBDIVISION ORDINANCE OF THE CITY OF MONTICELLO," and will be referred to herein as "This Ordinance." 11-1-2:PURPOSE: In order to safeguard the best interests of the City of Monticello and to assist the subdivider in harmonizing his interests with those of the city at large, the following ordinance is adopted in order that adherence to same will bring results beneficial to both parties. It is the purpose of this ordinance to make certain regulations and requirements for the platting of land within the city of Monticello pursuant to the authority contained in Minnesota Statutes Annotated, which regulations the City Council deems necessary for the health, safety, and general welfare o f t h i s co m m u n i t y. 11-1-3:SCOPE: The provisions of this ordinance relate to any division of a tract of land into two or more parcels by platting, replatting, conveyance, registered land survey, or other means. MONTICELLO SUBDIVISION ORDINANCE TITLE XII/Chapt 1/Page 2 11-1-4:APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS: Before any plat shall be recorded or be of any validity, it shall be referred to the City Planning Commission and approved by the City Council of Monticello as having fulfilled the requirements of this ordinance. 11-1-5:CONDITIONS FOR RECORDING: No plat of any subdivision shall be entitled to record in the Wright County Register of Deeds Office or have any validity until the plat thereof has been prepared, approved, and acknowledged in the manner prescribed by this ordinance. 11-1-6:BUILDING PERMITS: No building permits will be considered for issuance by the City of Monticello for the construction of any building, structure, or improvement to the land or to any lot in a subdivision as defined herein until all requirements of this ordinance have been fully complied with. 11-1-7:EXCEPTIONS: When requesting a subdivision, if either of the following two conditions exist, the subdivider is required to present accurately drawn site plan information for the proposed subdivision, have the subdivision reviewed by the Planning Commission, reviewed and approved by the City Council, and adhere to the park dedication requirements spelled out in the ordinance, Section 11-6-1 through 11- 6-5, and all other subdivision requirements shall be waived. Upon approval, subdivider must provide City Staff with a certified survey describing the approved subdivision. (#343, 2/14/00) (A)In the case of a request to divide a lot which is part of an existing lot of record where the division is to permit the adding of a parcel of land to an abutting lot or to create two lots and the newly created property line will not cause the other remaining portion of the lot to be in violation with this ordinance or the zoning ordinance, except that no such division of a lot or parcel shall be permitted when said division shall create a lot or parcel that is in violation of Chapter 8, Subdivision 11-8-2, of this ordinance. (#148, 9/9/85) (B)Such division results in parcels having an area of five (5) acres or more with frontage on a public right-of-way measuring three hundred (300) feet or more and when such division does not necessitate the dedication of a public right-of- way; or if a lot which is part of a plat recorded in the office of the Register of Deeds of Wright County is to be divided and such division will not cause any structure on the lot to be in violation of the Zoning Ordinance or said new portions of lots to be in violation of City Ordinance. (#33, 7/27/77) 11-1-8:SEPARABILITY: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. MONTICELLO SUBDIVISION ORDINANCE TITLE XII/Chapt 1/Page 3 11-1-9:CONFLICT: Whenever there is a difference between minimum standards or dimensions specified herein and those contained in other official regulations, resolutions , o r o rdinances of the City, t h e high e st standar d s shall a p p l y. MONTICELLO SUBDIVISION ORDINANCE TITLE XII/Chapt 2 Page 1 MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 2/Page 1 CHAPTER 2 RULES AND DEFINITIONS SECTION: 11-2-1:Rules 11-2-2:Definitions 11-2-1:RULES: For the purpose of this ordinance, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the s i n gular; and t h e word "s h al l " is mandatory an d not d i scret i o n a ry. 11-2-2:DEFINITIONS: For the purpose of this ordinance, certain words and terms are hereby defined as follows: ALLEY: Is a public right-of-way which affords a secondary means of access to abutting pro p erty. BLOCK: Is an area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river or lake. CITY: Is the City of Monticello. CITY COUNCIL: Is the governing body of the City of Monticello. COMPREHENSIVE PLAN: Refers to the group of maps, charts, and texts that make up t h e compr e h e n sive l o n g-range plan o f t h e C i t y. DESIGN STANDARDS: Are the specifications to landowners or subdividers for the preparation of plats, both preliminary and final, indicating among other things, the optimum, minimum, or maximum dimensions of such items as right-of-way, blocks, easements, and lots. EASEMENT: Is a grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining drives, utilities, including but not limited to sanitary sewers, water mains, electric lines, telephone lines, storm sewer, or storm drainage ways and gas lines. FINAL PLAT: Is a drawing or map of a subdivision meeting all of the requirements of the City and in such form as required by Wright County for the purposes of recording. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 2/Page 2 LOT: Is a portion of a subdivision or other parcel of land intended for building development or for transfer of ownership. OWNER: Includes the plural as well as the singular and where appropriate shall include a natural person, partnership, firm association, public or quasi-public corporation, private corporation, or a combination of them. PARKS AND PLAYGROUNDS: Are public land and open spaces in the city of Monticello dedicated or reserved for recreation purposes. PERCENTAGE OF GRADE: On street center line, means the distance vertically (up or down) from the horizontal in feet and tenths of a foot for each one hundred (100) feet of horizontal distance. PEDESTRIAN WAY: Is a public or private right-of-way across a block or within a block to provide access for pedestrians and which may be used for the installation of utility lines. PLANNING COMMISSION: Is the Planning Commission of the City of Monticello. PRELIMINARY PLAT: Is a tentative drawing or map of a proposed subdivision meeting requirements herein enumerated. PROTECTIVE COVENANTS: Are contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area. STREET: Is the public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, or boulevard. STREET - THOROUGHFARES: Arterial Street - are those used primarily for heavy traffic and serving as arterial trafficways between the various districts of the community as shown in the comprehensive plan. STREET - COLLECTOR STREETS: Are those that carry traffic from minor streets to the major system of thoroughfares and highways, including the principal entrance streets of residential districts as shown in the comprehensive plan. STREET - MINOR STREETS: Are those which are used primarily for access to abutting properties. STREET - MARGINAL ACCESS STREETS: Are minor streets which are parallel and adjacent to thoroughfares and highways and which provide access to abutting properties and protection from through traffic. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 2/Page 3 STREET - CUL-DE-SAC: Is a minor street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. STREET WIDTH: Is the shortest distance between lines of lots delineating the street's ri ght-o f-way. SUBDIVIDER: Is any individual, firm association, syndicate, co-partnership, corporation, trust or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this ordinance. SUBDIVISION: Is a described tract of land which is to be or has been divided into two or more lots or parcels, the purpose of transfer of ownership or building development of, if a new street is involved, any division of a parcel of land. The term includes resubdivision and, where it is appropriate to the context, relates either to the process of subdividing or to the land subdivided. TANGENT: Is a straight line that is perpendicular to the radius of a curve where a tangent meets a curve. VERTICAL CURVE: Is the surface curvature on a street center line located between lines of different percentage of grade. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 3/Page 1 CHAPTER 3 PROCEDURE SECTION: 11-3-1:Procedure 11-3-2:Preliminary Plat 11-3-3:Final Plat 11-3-1:PROCEDURE: Prior to formal plat review by the Planning Commission, the applicant is encouraged to present a sketch plan to the Planning Commission for purposes of informally discussing, to present his intentions for development of the property, and be able to obtain the views and opinions of the City Planning Commission. 11-3-2:PRELIMINARY PLAT: (A)FILING: Fifteen (15) copies of the preliminary plat shall be filed with the City Clerk. The required filing fee as established in Chapter 10 shall be paid, and any necessary applications for variances from the provisions of this ordinance shall be filed with the required fee before the proposed plat shall be considered officially file. All plats shall be accompanied by an abstractor’s certificate, properly certified, identifying the owner of the property in question and the owners of all properties situated within three hundred fifty (350) feet of the boundary of the property in question. Applications for a Preliminary Plat shall be due no later than eight (8) weeks plus one (1) day prior to the Planning Commission meeting at which the item is to be considered. Applications that are deemed incomplete as of that date shall be returned to the applicant in accordance with the requirements of Minn. Stat. § 15.99. Applications for Preliminary Plats that consist of nineteen (19) or fewer residential units or non- residential plats of five (5) or fewer acres may, at the discretion of the Zoning Administrator, be placed on an earlier Planning Commission agenda, but in no case shall said meeting be sooner than four (4) weeks and one (1) day from the date of a complete application. (#426, 7/11/05) (B)HEARING: Upon receipt of said application, the City Clerk shall set a public hearing for the next regular meeting of the Planning Commission. The Planning Commission shall conduct the hearing and report upon findings and make recommendations to the City Council. Notice of said hearing shall be published in the official newspaper at least ten (10) days prior to the hearing, an d wri t t en notifi cat i o n of s ai d hear i n g shall b e mailed a t leas t ten (10) days prior to all owners of land identified on the above-mentioned abstractor's certificate. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 3/Page 2 (C)TECHNICAL ASSISTANCE REPORTS: After the public hearing has been set, the City Administrator shall instruct the staff to prepare technical reports (where appropriate) and provide general assistance in preparing a recommendation on the action to the City Council. (D)REVIEW BY OTHER COMMISSIONS OR JURISDICTIONS: When appropriate, the City Administrator shall file copies of the preliminary plat with the Park and Recreation Commission and/or Wright County for their review and comment. (E)REPORT TO COUNCIL: The Planning Commission shall make a recommendation to the City Council within sixty (60) days following the public hearing. (F)CITY COUNCIL ACTION: 1.The Council shall act upon the preliminary plat within one hundred twenty (120) days of the date on which it was officially filed. If the recommendation of the Planning Commission has not been received in time to meet the requirement, the Council may act on the preliminary plat without such recommendation. 2.If the preliminary plat is not approved by the City Council, the reasons for such action shall be recorded in the proceedings of the Council and transmitted to the applicant. If the preliminary plat is approved, such approval shall not constitute final acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this ordinance to be indicated on the final plat. The City Council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, general welfare, and convenience of the City of Monticello. 11-3-3:FINAL PLAT: After the preliminary plat has been approved, the final plat may be submitted for approval as follows: (A)APPROVAL OF THE PLANNING COMMISSION: Following approval of the Preliminary Plat by the City Council, a Final Plat may be submitted for approval. The Zoning Administrator shall place the proposed Final Plat on the agenda for the next City Council which is no less than three (3) weeks later than the date of submission. No Final Plat application shall be considered complete unless that applicant shall have also submitted a revised Preliminary Plat which as been revised to reflect all required conditions of approval, a signed copy of the Development Agreement for the area subject to the Final Plat, shall have paid all bills due for processing of the Preliminary Plat, and has provided evidence of adequate financial security for completion of the construction work in the proposed plat. If the City Council determines it is MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 3/Page 3 necessary, the final plat shall be filed with the City Clerk and submitted to the Planning Commission at least twenty (20) days prior to a Commission meeting at which consideration is requested. During the said twenty (20) days, the City staff shall examine the final plat and prepare a recommendation to the Planning Commission. Approval, disapproval, or any delay in decision of the final plat will be conveyed to the subdivider within ten (10) days after the meeting of the City Planning Commission at which such plat was considered. In case the plat is disapproved, the subdivider shall be notified in writing of the reason for such action and what requirements shall be necessary to meet the approval of the Commission. If the plat is disapproved, a waiting period of one hundred eighty (180) days shall lapse before another application can be filed on that tract of land. In cases where the preliminary plat is approved, the final plat must be filed within one (1) year of the preliminary plat approval or the approval is not valid. (#426, 7/11/05) (B)APPROVAL OF THE CITY COUNCIL: After review of the final plat by the Planning Commission, if necessary, such final plat, together with the recommendations of the Planning Commission, shall be submitted to the City Council for approval. The City Council has the option of requesting a public hearing if it is determined necessary on the final plat. If accepted, the final plat shall be approved by resolution, which resolution shall provide for the acceptance of all agreements for basic improvements, public dedication, and other requirements as indicated by the City Council. If disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for such approval. (#8, 2/23/76) (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. (#412, 8/23/04) (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. (#412, 8/23/04) MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 3/Page 4 MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 3/Page 5 MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 3/Page 6 MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 4/Page 1 CHAPTER 4 DATA REQUIRED FOR PRELIMINARY AND FINAL PLATS SECTION: 11-4-1:Preliminary Plat 11-4-2:Final Plat 11-4-1:PRELIMINARY PLAT: The owner or subdivider shall prepare and submit a preliminary plat together with any necessary supplementary information: (A)CONTENTS: The preliminary plat shall contain the following information: 1.Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions. 2.Location of boundary lines in relation to a known section, quarter section, or quarter-quarter section lines comprising a legal description of the p ropert y. 3.Names and addresses of the record fee owner. 4.Scale of plat not less than one (1) inch to one hundred (100) feet. 5.Date and north point. (B)EXISTING CONDITIONS 1.Boundary line of proposed subdivision clearly indicated and to a close degree o f accu racy. 2.Existing zoning classifications for land within and abutting the subdivision. 3.A general statement on the approximate acreage and dimensions of the lots. 4.Location, right-of-way width, and names of existing or platted streets, or other public ways, parks, and other public lands, permanent buildings and structures, easements, school districts, section and corporate lines within the plan and to a distance three hundred fifty (350) feet beyond shall also be indicated. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 4/Page 2 5.Boundary lines of adjoining unsubdivided or subdivided land, within three hundred fifty (350) feet, identified by name and ownership, including all contiguous land owned or controlled by subdivider. 6.Topographic data, including contours at vertical intervals of not more than two (2) feet. Water courses, marshes, rock outcrops, power transmission policies and lines, size, location, and elevation of all appurtenances of existing public utilities and all quasi-public utilities, including the name and operating authority of each utility, and other significant features shall be shown. U.S.G.S. data shall be used for all topographic mapping where feasible. (1929 sea level data shall be used for all topographic mapping.) The flood elevation of all lakes, river, and wetlands shall also be shown. 7.An accurate soil survey of the subdivision prepared by a qualified person. 8.A cen t ral wat er an d s ewer system fe a sibility study to b e completed b y a registered civil engineer. If a central water and sewer system is determined to be feasible, the engineer shall include gradients of sewer and water lines. Where a central sewer system is found to be unfeasible, the engineer shall report on the feasibility of individual home sewer systems and shall include soils borings and percolation tests as needed to verify conclusions. 9.A survey prepared by a qualified person identifying tree coverage in the proposed subdivision in terms of type, weakness, maturity, potential hazard, infestation, vigor, density, and spacing. 10.A copy of all proposed private restrictions and covenants. 11.A proposed grading plan showing the present and existing contours at a two (2) foot contour interval. 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 point five (5) feet above natural grade, or tees that are of undesirable species, including Poplar, Boxelder, or Elm, may be exempted from this survey. (#412, 8/23/04) 13.A proposed grading plan showing the present and existing contours at two (2) foot contour interval, together with off-site existing contours within two hundred (200) feet of 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 MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 4/Page 3 grading plan shall demonstrate a design for the subdivision that respects the natural topography, and preserves existing trees, wetlands, and other natural features. (#412, 8/23/04) (C)PROPOSED DESIGN FEATURES 1.Layout of proposed streets showing the right-of-way widths, center line gradients, typical cross sections, and proposed names of streets. The name of any street heretofore used in the county or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. Street names conform to the master street name and numbering system as adopted. 2.Locations and widths of proposed alleys and pedestrian ways. 3.Layout, numbers and preliminary dimensions of lots and blocks. 4.Minimum front and side street building setback lines. 5.When lots are located on a curve, the width of the lot at the building setback line. 6.Areas, other than streets, alleys, pedestrian ways, and utility easements intended to be dedicated or reserved for public use, including the size of such area or areas in acres. 7.A statement of the approximate square footage and dimensions of the individual lots. (#68, 5/29/79) (D)OTHER INFORMATION 1.Statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units and type of business or industry, so as to reveal the effect of the development on traffic, fire hazards, and congestion of population. 2.Provision for surface water disposal, drainage, and flood control. 3.If any zoning changes are contemplated, the proposed zoning plan for the areas. 4.Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the Planning Commission shall require MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 4/Page 4 that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be shown to relate well with existing or potential adjacent subdivision. 5.Where structures are to be placed on large lots (over thirty thousand (30,000) square feet), the preliminary plat shall indicate placement of structures so that lots may be further subdivided. 6.Where potential subdivision and use of excessively deep (over three hundred (300) feet) lots exist, the preliminary plat shall indicate placement of structures so that lots may be further subdivided. 7.A plan for soil erosion and sediment control both during construction and after development has been completed. The plan shall include gradients of waterways, design of velocity and erosion control measures, and landscaping of the erosion and sediment control system. 8.A vegetation preservation and protection plan that shows those trees proposed to be removed, those to remain, the types and locations of trees, and other vegetation that are to be planted. 9.Such other information as may be requested by the Engineer, Surveyor, or Planning Commission. 11-4-2:FINAL PLAT: The owner or subdivider shall submit a final plat together with any necessary supplementary information. (A)CONTENTS: The final plat prepared for recording purposes shall be prepared in accordance with provisions of Minnesota State Statutes and Wright County regulations, and such final plat shall contain the following information: 1.Names of the subdivision which shall not duplicate or too closely approximate the name of any existing subdivision. 2.Location by section, township, range, county and state, and including descriptive boundaries of the subdivision based on an accurate traverse, giving angular and linear dimensions which must mathematically close. 3.The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles, and distances to such reference points or monuments. Permanent markers shall be placed at each corner of every block or portion of a block, points of curvature and points of tangency MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 4/Page 5 of street lines, and at each angle point on the boundary of the subdivision. A permanent marker shall be deemed to be a steel rod or pipe, one-half (½) inch or larger in diameter extending at least two (2) feet below the finished grade due to the difficulty faced with frozen ground in the winter. In situations where conditions prohibit the placing of markers in the locations prescribed above, offset markers will be permitted. The exact locations of all markers shall be shown on the final plat together with accurate interior angles, bearings, and distances. Permanent monuments shall be placed at all quarter section points within the subdivision or on its perimeter. 4.Location of lots, streets, public highways, alleys, parks, and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines. 5.Lots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block. 6.The exact locations, widths, and names of all streets to be dedicated. 7.Location and width and intended use of all easements to be dedicated. 8.Name of fee owner and surveyor preparing the plat. 9.Scale of plat (the scale to be shown graphically and in feet per inch), date, and north point. 10.Statement dedicating all streets, alleys, and other public areas, utility and drainage easements not previously dedicated as follows: Streets, alleys, and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated. 11.An accompanying letter from the county surveyor's office stating that the plat or land survey has been examined and approved. (#68, 5/29/79) (B)CERTIFICATIONS REQUIRED 1.Notarized certification by owner and by any mortgage holder of record of the adoption of the plat and the dedication of streets and other public areas. 2.Notarized certification by a registered land surveyor to the effect that the plat represents a survey made by him and that monuments and MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 4/Page 6 markers shown therein exist as located and that all dimensional and geodetic details are correct. 3.Certification showing that all taxes and special assessments due on the property have been paid in full if requested by the City Council or Wright County Commissioners. 4.Space for certificates of approval and review to be filled in by the signatures of the chairman of the City Planning Commission and the Mayor and City Clerk. The form of certificate by the Planning Commission is as follows: Reviewed by the Planning Commission of the City of Monticello this ______ day of ______________, 19___. Signed:_____________________________________________ Chairman Attest:______________________________________________ Secretary The form of approval of the City Council is as follows: Approved by the City of Monticello, Minnesota this ______ day of_________________, 19___. Signed:________________________________________________ Mayor Attest:________________________________________________ City Clerk (C)RECORDING REQUIRED 1.A letter from the County Recorder's office stating the final plat has been recorded as approved by the City Council shall be received by the Building Official's office before any building permits may be issued. (#68, 5/29/79) MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 1 CHAPTER 5 DESIGN STANDARDS SECTION: 11-5-1:Blocks 11-5-2:Lots 1 1 -5 -3:Street s an d Alleys 11-5-4:Easements 11-5-5:Erosion and Sediment Control 11-5-6:Drainage 11-5-7:Steep Slopes 11-5-8:Wetland Systems 11-5-9:Open Space and Landscaping 11-5-1:BLOCKS (A)BLOCK LENGTH: In general, intersecting streets determining block lengths shall be provided at such intervals as to serve cross-traffic adequately and to meet existing streets. Where no existing plats control, the block in residential subdivisions shall normally not exceed thirteen hundred twenty (1,320) feet in length, except where topography or other conditions justify a departure from this max i m u m . In blocks longer t h a n eigh t hundr e d (8 0 0 ) feet, pedes t rian w a ys and/or easements through the block may be required near the center of the block. Blocks for business or industrial use should normally not exceed thirteen hundred twenty (1,320) feet in length. (B)BLOCK WIDTH: The width of the block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. 11-5-2:LOTS: (A)The minimum lot area, width, and depth shall not be less than that established by the zoning ordinance in effect at the time of adoption of the final plat. (B)Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required in the zoning ordinance. (C)Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 2 (D)Every lot must have the minimum frontage as required in the zoning ordinance on a C i t y-a p p roved str e e t other than a n alley. (E)Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the Monticello Zoning Ordinance. On those lots which are intended for business use, the setback shall be at least that required by the Monticello Zoning Ordinance. (F)Lots which have frontage on local streets, but which back onto major streets shall include additional depth to accommodate planting of trees or other vegetation that helps define and screen the neighborhood from the major street. (5/13/02, #375) 11-5-3:STREETS AND ALLEYS (A)Except for permanent cul-de-sacs, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provided for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to run-off of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. (B)Minor streets should be so planned as to discourage their use by non-local traffic. Dead-end streets are prohibited, but cul-de-sacs will be permitted only where topography or other conditions justify their use. Cul-de-sacs shall normally not be longer than six hundred (600) feet in length including the terminal turn-around which shall be provided at the closed end, with an outside curb radius of at least forty-five (45) feet and a right-of-way radius of not less than sixty (60) feet. (C)Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. (D)When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision with provision for adequate utility connections for such resubdivision. (E)Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles except where topography or other conditions justify variations. Under normal conditions, the minimum angle of intersection of MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 3 streets shall be sixty (60) degrees. Street intersection jogs with an offset of less than one hundred twenty-five (125) feet shall be avoided. (F)Wherever the proposed subdivision contains or is adjacent to the right-of-way of a U.S. or state highway or thoroughfare, provision may be made for a marginal access street approximately parallel and adjacent to the boundary of such right-of-way, or for a street at a distance suitable for the appropriate use of land between such street and right-of-way. Such distance shall be determined with due consideration of the minimum distance required for approach connection to future grade separations or for lot depths. (G)Alleys shall be provided in commercial and industrial districts, except that this requirement may be waived where other definite and assured provision is made for service access such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed. Except where justified by special conditions such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Dead-end alleys shall be avoided wherever possible; but if unavoidable, such dead-end alleys may be approved if adequate turn-around facilities are provided at the closed end. (H)Dedication of half streets will not be approved except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations, where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided, or where it becomes necessary to acquire the remaining half by condemnation so that it may be improved in the public interest. (I)For all public ways hereafter dedicated and/or accepted, the minimum right-of- way and p av ed width for s t reets , t h o rough far e s, alleys, or pedes t rian w a ys included in any subdivision shall not be less than the minimum dimensions for each classification as follows: PAVED RIGHT-OF-WAY (face to face of curb) Arterial Street 100 feet 52 feet Collector Street 70 feet 44 feet Minor Street 60 feet 36 feet Cul-de-sac or Marginal Access Service Streets 60 feet 32 feet Alley 30 feet 20 feet Pedestrian Way 10 feet N/A Private Common Access* 30 feet 20 feet Alleys in Industrial or Commercial Areas 24 feet 20 feet One-way Alleys, Residential 16 feet 12 feet Two-way Alleys, Residential 20 feet 16 feet MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 4 (#255, 09/12/94) *The City Council may choose to approve private common access for P.U.D., townhouse development, etc., where appropriate. Standards for said access, however, shall comply with minimums as outlined for minor streets (except ROW) and all other provisions as required by the City Council. Where the existing or anticipated traffic on primary and secondary thoroughfares warrants greater widths of rights-of-way, these shall be required. (J)STREET GRADES: Except when, upon the recommendation of the City Engineer, the topography does warrant a greater maximum, the grades on all thoroughfares shall not be greater than six (6) percent, and the grade on all other streets and alleys in any subdivision shall not be greater than eight (8) percent. In addition, there shall be a minimum grade on all streets and thoroughfares of not less than five-tenths (.5) percent. (K)STREET ALIGNMENT: The horizontal and vertical alignment standards on all streets shall be as follows: 1.Horizontal - Radii of center line: Arterial Street 150 feet minimum Collector Street or Minor Street 50 feet minimum 2.Vertical - minimum sight distance: Arterial Street 500 feet minimum Collector Street or Minor Street 300 feet minimum Cul-De-Sacs 100 feet minimum (L)CURB RADIUS: The minimum curb radii for thoroughfares, collector streets, minor streets, and alleys shall be as follows: Arterial Street 35 feet Collector and Minor Streets and Alleys 12 feet Collector and Minor Streets 15 feet Alleys (Residential) 5 feet Alleys (Commercial) 15 feet (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: MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 5 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 removed 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. (#412, 8/23/04) 11-5-4:EASEMENTS: (A)An easement for utilities and drainage of at least six (6) feet wide shall be provided along each side line of each lot and an easement of twelve (12) feet wide shall be provided along the front and rear line of each lot. If necessary for the extension of water main or sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots. (B)Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Council by ordinance after a recommendation from the Planning Commission. (C)Additional easements for pole guys should be provided at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along side lot lines. 11-5-5:EROSION AND SEDIMENT CONTROL: (A)The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion. (B)Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control erosion. (C)Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. (D)When soil is exposed, the exposure shall be for the shortest feasible period of time. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 6 (E)Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The soil shall be restored to a depth of four (4) inches and shall be of a quality at least equal to the soil quality prior to development. 11-5-6:DRAINAGE: (A)Where municipal storm sewer systems do not exist or the introduction of said system is deemed inappropriate by the City Council, storm water drainage shall be discharged to marshlands, swamps, retention basins, or other treatment facilities. Diversion of storm water to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for storm water shall provide for natural or artificial water level control. (B)No existing ditch, stream, drain, pond, or drainage canal shall be deepened, widened, rerouted, or filled without permission from the City Council. (C)Where artificial channels must be constructed to augment the natural drainage system, such channels as well as the natural drainage ways may be planned as part of a recreation system. (D)The drainage system shall be constructed and operational during the initial phases of construction. (E)In addition to their stormwater control function, ponds or other natural drainage systems shall be designed so as to provide an aesthetic amenity to the neighborhood(s) it serves. Where practical, ponds should be located with street frontage to provide public views, and allow the area to take advantage of the visual benefits of the water or open space. Generally, ponds that are tucked behind lots shall not be considered to be acceptable design. (5/13/02, #375) 11-5-7:STEEP SLOPES: Subdivision design shall be consistent with limitations presented by steep slopes. Subdivisions shall be designed so that no construction or grading will be conducted on slopes steeper than eighteen (18) percent in grade. 11-5-8:WETLAND SYSTEMS: Where the subdivision of a lot or tract of land contains drainageways, watercourses, floodable areas, or wetlands and thus may be unsuitable for development, such areas shall be handled as follows. (A)If said land is designated in whole or in part as park, open space, or other public use on an adopted plan of the City, the developer shall dedicate said land to the City in accordance with Chapter 6 of this ordinance. (B)If said land is not designated as a park, parkway, or other public use on an official plan, then the developer shall cause said land to be carried in a private MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 7 easement in the individual deeds affected thereby, and no permit shall be issued for a building permit. (C)The developer may submit a proposal for development indicating how, through site and engineering design, the intent of this ordinance will not be violated if approved. In addition, the developer shall provide a surety bond to the approving City to insure that such will be done at a specific time if approved. If Option (C) is chosen, any development or platting shall comply with the Monticello Zoning Ordinance and/or Wright County Shoreland Regulations. 11-5-9:OPEN SPACE AND LANDSCAPING (A)Every subdivision shall include a landscape plan that identifies areas of public value, including significant views, natural vegetation, or watercourses, even where said features may be located upon private lots. The landscape plan shall provide for the addition of trees, shrubs, and groundcovers or grasses that achieve the following objectives: 1.Establish naturalized woodland areas in large spaces. 2.Establish naturalized areas around stormwater ponds. 3.Establish naturalized woodland areas at the edges of subdivisions, particularly in areas of land use changes or where the subdivision abuts a major roadway, utility line, or railroad. (B)The landscaping plan shall be accompanied by a reliable estimate of installation costs.The subdivider shall provide a financial security that guarantees live growth of the plant materials for a two (2) year period from the date of installation. In the event the plant materials under this plan must be replaced due to death, disease, or other reason, said financial security shall be extended to cover an additional two (2) years from the date of replacement. (5/13/02, #376) MONTICELLO SUBDIVISION ORDINANCE Title XI/Chapter 6/Page 1 CHAPTER 6 PARKS, OPEN SPACE AND PUBLIC USE SECTION: 11-6-1: Dedication Requirement 11-6-2: Cash Contribution 11-6-3: Delayed Dedication Payment 11-6-4: Purchase or Condemnation of Lands 11-6-5: Location and Configuration of Dedication 11-6-1: DEDICATION REQUIREMENT: (A) Pursuant to Minnesota Statutes 462.358, Subdivision 2b, 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 eleven percent (11%) 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 eleven percent (11%) 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. 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. (#412 8/23/04; #501 6/22/09) (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 raw land not 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. (#412 8/23/04; #501 6/22/09) MONTICELLO SUBDIVISION ORDINANCE Title XI/Chapter 6/Page 2 (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 flood plain. 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 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. (#412, 8/23/04) (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 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. (#412, 8/23/04) (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. (#412, 8/23/04) 11-6-2: CASH CONTRIBUTION: All monies collected from cash contributions shall be placed in a special fund from which only those public uses as listed in (1) above may be constructed or improved or land for those same uses may be acquired. 11-6-3: DELAYED DEDICATION PAYMENT: Upon petition by the developer, the Council may approve a delay in the actual dedication of the cash required in lieu MONTICELLO SUBDIVISION ORDINANCE Title XI/Chapter 6/Page 3 of land until such time as development occurs on the property being platted provided that a proper legal agreement is executed guaranteeing such dedication. Delayed dedication payment shall include eight percent (8%) interest per year. 11-6-4: PURCHASE OR CONDEMNATION OF LANDS: Where a proposed park, playground or other recreational area, proposed school site, or other public ground that has been indicated in the official map and/or master plan is located in whole or in part within a proposed subdivision, such proposed public site shall be designated as such and should be dedicated to the City, School District, or other proper governmental unit. If the subdivider chooses not to dedicate an area in excess of the land required under this section hereof for such proposed public site, the Council shall be required to act to approve or disapprove the plat of the subdivision for a period of ninety (90) days after the subdivider meets all the provisions of the subdivision title in order to permit the Council, School Board, or other appropriate governmental unit to consider the proposed plat and to take the necessary steps to acquire, through purchase or condemnation, all or part of the public site proposed under the official map or master plan. 11-6-5: LOCATION AND CONFIGURATION OF DEDICATION: In such cases where the developer is required to dedicate land area, the City Council of the City of Monticello shall have the right to determine the geographic location and configuration of said dedication. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 7/Page 1 CHAPTER 7 REQUIRED BASIC IMPROVEMENTS SECTION: 11-7-1:General 11-7-2:Street Improvements 11-7-3:Sanitary Sewer and Water Distribution Improvements 11-7-4:Public Utilities 11-7-1:GENERAL: (A)Before a final plat is approved by the City Council, the owner or subdivider of the land covered by the said plat shall execute and submit to the Council an agreement, which shall be binding on his or their heirs, personal representatives, and assigns, that he will cause no private construction to be made on said plat or file or cause to be filed any application for building permits for such construction until all improvements required under this ordinance have been made or arranged for in the manner following as respects the streets to which the lots sought to be constructed have access. (B)Prior to the making of such required improvements, the City Council shall require the owner or subdivider to pay to the City an amount equal to a minimum of 25% and up to 100% of the estimated total cost of such improvements, including not only construction but all indirect costs. The actual percentage to be determined by the City in each case based on its review of: 1.The financial background of the developer. 2.The normalcy of the unit charge for putting in the improvement. 3.An evaluation of the cost recovery potential through the sale of the land. 4.The likelihood of success of the development. 5.Has the developer defaulted on any outstanding assessment payments in the past twelve (12) months. This payment must be made to the City prior to the City Council adopting the resolution ordering the project. The balance of the total project cost will be MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 7/Page 2 assessed 100% against the benefitted property payable in not more than ten (10) annual installments with interest at a rate of at least 1.5% (rounded up to the nearest .25%) over the rate paid on bonds issued to finance the improvements or, if financed internally, over the then equivalent rate the City determined it would have to pay on bonds issued at that time, provided, however, that the entire assessment balance outstanding against a given parcel is to be paid in full prior to the issuance of a certificate of occupancy permit for principal use of new construction on that parcel or within 180 days after a building permit for new construction is issued, whichever comes first. In the event a building permit is applied for prior to completion of installation of the improvements, the payment to the City shall be in an amount equal to 125% of the estimated total assessment. Upon completion of the project and determination of the actual cost to be assessed, any overcharge will be refunded and any additional cost will be due the City within 30 days of notification of such additional cost. If, for any reason, subsequent to having made such advance payment to the City the developer should withdraw from the project, the City is entitled to retain an amount equal to the City's cost related to the project to that time, and the balance shall be refunded to the developer. (#66, 3/26/79) (C)No final plat shall be approved by the City Council without first receiving a report from the City Engineer certifying that the improvements described herein, together with the agreements and documents required herein, meet the minimum requirements of all applicable ordinances. Drawings showing all improvements as built shall be filed with the City Clerk. (D)No final plat shall be approved by the City Council on land subject to flooding or containing poor drainage facilities and on land which would make adequate drainage of the streets and lots impossible. However, if the subdivider agrees to make improvements which will, in the opinion of the City Engineer, make the area completely safe for residential occupancy and provide adequate street and lot drainage and conform to applicable regulations of other agencies such as the U.S. Corps of Engineers or the Department of Natural Resources, the final plat of the subdivision may be approved. In addition, such plats may not be approved if the cost of providing municipal services to protect the flood plain area wo u l d impos e an u n reas o n ab l e economic b u rden u p o n the City. (E)All of the required improvements to be installed under the provisions of this ordinance shall be inspected during the course of their construction by the City Engineer. All of the inspection costs pursuant thereto shall be paid by the owner or subdivider in the manner prescribed in Paragraph (B) above. (F)Water, sanitary sewer, and storm sewer lateral lines shall be assessed 100% against the benefitted property within the proposed subdivision. These assessments shall be made on a residential housing unit basis. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 7/Page 3 (G)Water, sanitary and storm sewer trunk lines shall be assessed 100% against the benefitted property, whether or not the services are made immediately available to the property, on a net platted area basis. The assessments will utilize a per acre unit for large undeveloped areas and a per square foot unit for platted properties. (H)The cost of constructing permanent streets, including curb and gutter, will be 100% assessed against benefitted property based on front footage. Corner lots shall be assessed for frontage only with no charge made for the long side lot footage. Costs resulting from intersections and side lot footage shall be included in the total amount to be assessed and apportioned over the net assessable footage. In the case of off-shaped lots, the footage shall be measured at the building setback line; however, in no event shall the assessable footage be less than the minimum l o t width as required by the City. (I)At the request of the owner or subdivider, the City may agree to spread all of the assessments against the subdivision on a per lot or residential housing unit basis rather than on the various methods set forth in (F), (G), or (H) above. (J)In all cases, the procedure for local improvements prescribed in Minnesota Statutes, Chapter 429, shall be followed. (K)The requirements of this ordinances are intended to be compatible with the assessment policy ordinance 13-1-1 through 13-1-3. (#57, 6/12/78) (L)The City Council retains the option of allowing a subdivider/developer to install all required public improvements at the subdivider/developer's own expense provided that plans and specifications have first been approved by the City Engineer, and further that all improvements installed by the subdivider/developer shall be inspected during the course of construction by the City Engineer. All plan review and inspection costs pursuant thereto shall be paid by the subdivider/developer. In the event that the City Council allows a subdivider/developer to construct/install improvements and said improvements may at some future time be utilized by subsequent subdividers/developers, the City shall not rebate, refund, reimburse, or in any manner offer payment or repayment to the subdivider/developer who originally constructed/installed said improvements. Nothing in this section shall prohibit or prevent the City from establishing a fee, charge, or assessment against the subsequent subdivider/developers which benefit from said prior improvements for the purpose of maintaining or upgrading the public improvements. (#149, 9/9/85) 11-7-2:STREET IMPROVEMENTS: (A)The full width of the right-of-way shall be graded, including the subgrade of the MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 7/Page 4 areas to be paved, in accordance with standards and specifications for street construction as required by the City Council. (B)All streets shall be improved with pavement in accordance with the standards and specifications for street construction as required by the City Council. (C)All streets to be paved shall be of an overall width in accordance with the standards and specifications for street construction as required by the City Council. (D)Curb and gutter will be constructed as required by the standards and specifications for street construction as required by the City Council. (E)Storm sewers, culverts, storm water inlets, and other drainage facilities will be required where they are necessary to insure adequate storm water drainage for the subdivision. Where required, such drainage facilities shall be constructed in accordance with the standards and specifications for street construction as required by the City Council. (F)Street trees and boulevard sodding shall be planted in conformance with the standards and specifications as required by the City Council. (G)Street signs of the standard design as may be required by the City Council shall be installed at each street intersection. (H)Sidewalks of standard design as may be required by the City Council. 11-7-3:SANITARY SEWER AND WATER DISTRIBUTION IMPROVEMENTS: (A)Sanitary sewers shall be installed as may be required by standards and specifications approved by the City Council. (B)City water facilities, including pipe fittings, hydrants, etc., shall be installed as may be required by standards and specifications approved by the City Council. Where City water facilities are not available for extension into the proposed subdivision, the City Council may by ordinance grant a franchise for such water facilities to serve all properties within a subdivision where a complete and adequate neighborhood water distribution system is designed in conjunction with the subdivision and complete plans for the system are submitted for approval of the City Council. (C)Where City sewer and water facilities are not available for extension into proposed subdivision, the Council may permit the use of individual water and sewer systems in accordance with appropriate state regulations. 11-7-4:PUBLIC UTILITIES: (A)Where feasible, in the opinion of the Engineer, all utility lines for telephone and MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 7/Page 5 electric service shall be placed in rear line easements when carried on overhead poles. (B)Where telephone, electric, and/or gas service lines are to be placed underground entirely, conduits or cables shall be placed within easements or dedicated public ways in such a manner so as not to conflict with other underground services. All drainage and other underground utility installations which traverse privately owned property shall be protected by easements furnished by the subdivider. (C)Each public utility company installing underground facilities must file with the City an as built drawing within one hundred eighty (180) days of installation indicating the location of the utility in relation to the property lines, elevation of the facility, and the ground elevation at each service or at each one hundred (100) foot interval. The type, size, voltage, or pressure of this facility, including location of appurtenances along the lines for shut off control, shall also be included. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 8/Page 1 CHAPTER 8 REGISTERED LAND SURVEYS AND CONVEYANCE BY METES AND BOUNDS SECTION: 1 1 -8 -1:R egis t ered Land S u rveys 11-8-2:Conveyance by Metes and Bounds 11-8-1:REGISTERED LAND SURVEYS: It is the intention of this ordinance that all registered land surveys in the city of Monticello should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this ordinance for preliminary plats and that the Planning Commission shall first approve the arrangement, sizes, and relationship of proposed tracts in such registered land surveys and that tracts to be used as easements or roads should be so dedicated. Unless a recommendation and approval have been obtained from the Planning Commission and City Council respectively in accordance with the standards set forth in this ordinance, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys, and the City may refuse to take over tracts as streets or roads or to improve, repair, or maintain any such tracts unless so approved. 11-8-2:CONVEYANCE BY METES AND BOUNDS: No conveyance in which the land conveyed is described by metes and bounds shall be made or recorded if the parcels described in the conveyance are five (5) acres or less in area and three hundred (300) feet in width unless such parcel was a separate parcel of record at the effective date of this ordinance. Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method, and the City may refuse to take over tracts as streets or roads or to improve, repair, or maintain any such tracts. Not withstanding the previous prohibition, a person may request an administrative subdivision of property described by metes and bounds under the following conditions: a.The purpose of the subdivision is to combine two (2) or more parcels of record to create a parcel conforming to the requirements of the applicable zoning district. b.The purpose of the subdivision is to divide one (1) previously platted parcel into no more than two (2) buildable parcels, both of which will be in full conformance with all applicable zoning regulations, and for which no public right of way, easements, or other drainage concerns are evident to the Zoning Administrator. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 8/Page 2 Said administrative subdivision shall be subject to approval of the Zoning Administrator, who may at his or her discretion, refer the subdivision to other City staff for review and recommendation. If the Zoning Administrator approves the proposed subdivision, he or she shall place the proposed subdivision on the agenda of the next City Council meeting which is no less than three (3) weeks from the date of a complete submission. In the event that the County Recorder shall refuse to record an administrative subdivision due to the legal description of the proposed parcels or for any other reason, the applicant shall be required to comply with all of the requirements of the Subdivision Ordinance for Preliminary Plats. (#426, 7/11/05) MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 9/Page 1 CHAPTER 9 VARIANCES SECTION: 11-9-1:General 11-9-1:GENERAL (A)The Planning Commission may recommend a variance from the provisions of this ordinance when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds: 1.That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land. 2.That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which property is situated. 3.That the variance is to correct inequities resulting from an extreme physical hardship such as topography, etc. After consideration of the Planning Commission recommendations, the City Council may grant variances subject to 1, 2, and 3 immediately above. (B)Any recommendations for variances to the City Council in connection with the acceptance of the final plat of a subdivision shall be made through the Planning Commission. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 9/Page 2 MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 10/Page 1 CHAPTER 10 FEES SECTION: 11-10-1:Base Fee per Application 11-10-2:Staff and/or Consultant Fee 11-10-3:Payment 11-10-1:BASE FEE PER APPLICATION: To defray administrative costs for processing of subdivision applications, variances, or appeals, a base fee of Fifty Dollars ($50.00) per application shall be paid by all applicants. 11-10-2:STAFF AND/OR CONSULTANT FEE: In order to defray the additional cost of processing said applications, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicant's request plus all material cost for said request. (A)"Materials" shall include but not be limited to maps, graphs, charts, drawings, etc., and all printing or reproduction of same. (B)"Staff and/or Consulting Time" shall include any time spent in either researching for or actual production of materials. (C)The hourly rate for "staff and/or consulting time" shall be established and made available to the applicant by the City Clerk prior to production of any materials, and the applicant shall be given a reasonable estimate of projected time and/or material costs. 11-10-3:PAYMENT: Fees shall be payable at the time applications are filed with the City Clerk and are not refundable unless application is withdrawn prior to referral to the Planning Commission. A deposit to cover staff or consulting time and materials will be established and required by the City Clerk at the time the base fee is paid. Any portion of the deposit not spent to defray the above-mentioned costs will be refunded to the applicant within thirty (30) days after the application process is completed. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 11/Page 1 CHAPTER 11 VIOLATIONS AND PENALTY SECTION: 11-11-1:Sale of Lots from Unrecorded Plats 11-11-2:Receiving or Recording Unapproved Plats 11-11-3:Misrepresentation as to Construction, Supervision, or Inspection of Improvements 11-11-4:Penalty 11-11-1:SALE OF LOTS FROM UNRECORDED PLATS: It shall be unlawful to sell, trade, or otherwise convey or offer to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in conformity with any plan, plat, or replat of any subdivision or area located within the jurisdiction of this ordinance unless said plan, plat, or replat s h al l have first b een reco rded i n the Offi ce of the Regi ster of Deed s o f Wri ght County. 11-11-2:RECEIVING OR RECORDING UNAPPROVED PLATS: It shall be unlawful to receive or record in any public office any plans, plats, or replats of land laid out in building lots and streets, alleys, or other portions of the same intended to be dedicated to public or private use or for the use of purchasers or owners of lots fronting on or adjacent thereto and located within the jurisdiction of this ordinance unless the same shall bear thereon, by endorsement or otherwise, the approval of the City Council. 11-11-3:MISREPRESENTATION AS TO CONSTRUCTION, SUPERVISION, OR INSPECTION OF IMPROVEMENTS: It shall be unlawful for any person, firm, or corporation owning an addition or subdivision of land within the city to represent that any improvement upon any of the streets, alleys, or avenues of said addition or subdivision or any sewer in said addition or subdivision has been constructed according to the plans and specifications approved by the City Council or has been supervised or inspected by the City when such improvements have not been so constructed, supervised, or inspected. 11-11-4:PENALTY: Any one violating any of the provisions of this ordinance is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. Each month during which compliance is delayed shall constitute a separate offense. (#358, 1/8/01) MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 12/Page 1 CHAPTER 12 EFFECTIVE DATE SECTION: 11-12-1:Effective Date 11-12-1:EFFECTIVE DATE: This ordinance shall be in full force and effect after its passage and publication according to law: Adopted by the Council of the City of Monticello, Minnesota, this 28th day of July, 1975. Signed: /s/ C.O. Johnson Mayor Attest: /s/ Gary Wieber City Clerk Published: August 14 & 21, 1975