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HomeMy WebLinkAboutNo 39 Regulating the Platting of Lands within the Village of Maplewood, Amending Existing Ordinance and Providing Penalties for the Violation ThereofORDINANCE NO. 39 AN ORDINANCE REGULATING THE PUTTING OF UNDR WITHIN THE VILLAGE OF MAPLEWOOD, AMENDING EXISTING ORDINANCE AND PROVIDING PMULTIES FOR THE VIOLATION THEREOF. SECTION 1. PURPOSE AND :URISDICTION The Village Council of the Village of Maplewood being aware of the respon- sibility which they have for the adoption of ordinances, rules and regulations designed for the protection of health, safety and general welfare of this community, deem it necessary to provide regulations for the platting and subdividing of property within the Village of Maplewood which will prevept, as far as possible, the use of land whieb is not feasible for this purpose, the location of streets where such location does not fit the overall pattern of the village, the general design of the proposed building lots in any platted area which might prevent compliance with the building code, zoning ordi- nance or other regulations of the village in the future, and to make all subdivision of property conform as nearly as possible with a future overall plan, does hereby order that all subdivisions hereafter planned within the limits of the Village of Maplewood shall, in all respects, fully comply with the regulations hereinafter set forth. This action is taken by the Village Council pursuant to the authority contained in Minnesota Statutes, Section 36$.01 as amended, which regulations the Village Council deems necessary. SECTION 2. DEFINITIONS For the purpose of this ordinance, certain words and terms are hereby de® fined as followss Subdivision or plat is a parcel of land divided into smaller parts such as blocks or lots, also means a tract of land which is redivided anew after first division. Ri t=ofmwaX is the land covered by a public road or other land dedicated for public use or for certain private use such as land over which power line passes. Soundaj lines are -Ines indicating the bounds or limits of any tract or parcel of land. -I- TopgAnphy is the detailed desscriptlon of the features of a relatively small area, also the relief features or surface configuration of an area. �... (Contouruou�c_=�D. a map on which irregularities of land surface a -z" shown by lines connecting points of equal slevationso Contour interval is the aertical height betweet contour Lineae Building :line also referred to as setback line means the line beyond whioh property owners or others have no legal) or vested night to extend a building or any part thereof without special permission and approval of the proper authorities. F'rontae i,a the width of a lot or building site measured on the line sepo araat ng it f rom a public street or way. Natural. water Mair as mentioned in this code shall mean, any natural pa,s,aaagftm way in the surface of the earth so ait•aated and having such a topographicAl nature that surface water flows through it from other areas before reaching a final ponding area. The term also means to include any and all drainage structures that have been constructed or placed for the purpose of conducting water from one plate to another. .-- Owner includes his duly authorized agent or attorney in fact, a pur, haaer, devisee, fiduciary and a person having a 9,est-ed interest in the property in queationm Zoning is the re:3e;rvat o,-. of ,ertain specified area,;s wlthin the ni,,,ipal- ity for buildings .and structurrea for certain purposes with other limitations such as height, lot coverage and othe7- atipulated :requirements. Oorner ,'got is the lot or `mots within a plat and situated at tbA ,ornery thereof so that they are bounded on two sides by streets. This terns applies to any lot within the plat at street .intersections and bounded on two sides by streets. Ou plot,3, am those which are ao 9'ituated within the boundaries of a block that the side line �-oinaides with back lot lines of a lot or lots facing another street o Double front lots are those which have a :Front fins abutting 4n one at:reet and a back or rear line abutting on another street. -2- Reserve Strips are narrow strips of land usually withheld from the street right-of-way to form a barrier between certain property and the public street or thoroughfare . %t is a portion of a subdivision or other parcel of land intended for building development or for transfer of ownership. Design Standards are the specifications to landowners or subdividers for the preparation of preliminary plans indicating among other things th! optimum, minimum, or maximum dimensions of such features as rights -of -ways and blocks, as set forth in Section 4C. Preliminary plan is a tentative map or plan of a proposed subdvision as described in Section 4 - Final Plat is map or plan of a subdivision and any accompanying material, as described in Section 19. Street is a public or private right-of-way which affords primary access by pedestrians and vehicles to abutting properties, whether designated as a street, avenue, highway, road, boulevard, land, or however otherwise designated. street. Street width is the kortest distance between lins of lots delineating the Thog.qu fare is a public right-of-way with a high degree of traffic con- tinuity and serving as an arterial trafficway between the various districts of the Village of Maplewood. Aller is a public right-of-way which affords a secondary means of access to abutting property. Pedestrian wad is a public or private right-of-way across a block or providing access within a block, to be used by pedestrians and for the installation of utility lines. Easement is a grant by a property owner for the use of a strip of land by 1..� the general public, a corporation, or a certain p,-rson or persons, for a spec Ific purpose or purposes. Village is the Village of Maplewood, Minnesota - 3 - Minnesota o Village Council is the Village Council. of D plewood, Minnesota. Planning Commission: is the Planning Commission of the Viliage of Haplewood, Cie�& la the Village Clerk of the Village of Maplewood, Minnesota. SECTION 3. CONFORMANCE WITH EXISTING CODES AND REGUUTIONS The provisions of this ordinance are in addition to and not In ;replacement of the provisions of the existing village building code and the existing zoning ordi- nance. Any provisions of said building code and zoning ordinan;e reiatkng-i-,o platting shall :remain in fu�.l fore and effect except as they may be to the provisions hereof. SECTION 4- PRELIFUNARY PLAT Before dividing any tract of land into two or more lots or parcels, an owner or subdivider shall submit four copies of a preliminary plat. The preliminary plat or pian shall include the following datas (a) Identification and Description M Proposed name of subdivision, whish name shall not duplicate the names of any plat theretofore recorded in the Colanty. (2) Location by section, town and range, or by other legal descriptiono 0) Nmms and addresses of the owner, or subdivider haying ,control of the lands included in said plan, the designer of the plan and the surveyor. Graphic (engineering) scale not less than one inch to one hundred feet. (5) North -point (designated as true north) ( b) Date of preparation. (b) Existing Conditions �l) Boundary line of proposed subdivision, clearly in - di ,sated . 4- (2) Existing zoning classification. (3) Total approximate acrea@p in said plan. (4) Location, widths and names of all existing or pre- viously platted stareats or other public ways, show - Ing types of improvement, if any, railroad and utility rights -o$ -way, parks, and other public open spaces, permanent buildings and structures, easements, and section and corporate lines within the tract and to a distance of one hundred feet beyond the tract. (5) Location and size of existing sewers, watermains. culverts or other underground facilities within the tract and to a distance of one hundred feet beyond the tract. Such data as grades, invert elevations, and locations of catch basins, manholes and hydrants. (6) Boundary lines of adjoining unsubdivided or sub- divided land, within one hundred feet of proposed plat.. (7) Topographic data, including contours at vertical intervals of not more than two feet, except that ontour lines shall be no more than one hundred I°ee t apart horizontally. dater courses, marshes, rocs outcrops and other significant features shalt, also be shown. (c) Subdivision Desi�an Features (l) Layout of streets, showing right-of-way widths and names of streets. The name of any street hereto- fore used n the Village or its environs shall not 'be used, unless the proposed street is an extension of an already named street, it which ev&Trt tte nater ,. �••-. . -5- shall be used. (2) Location and widths of utility easemeate. �) Indication of the proposed storm water runoff through use of arrows or notes. (L�) Layout, numbers and typical dimensions of lots to they nearest foot. (5) Minimum front and side -street building setbacks lines, indicating dimensions of same. (6) Areas, other than streets, sad utility easements, Intended to be dedicated or reserved for public use, including the size of such area or areas, in acres. SECTION 5- PEE TO ACCOMPANY PRELIMINARY PIAT When submitting a preliminary plat for approval by �he Vi lags Council, the oKner or developer shall .Do ?.squired to pay a fee, :,h® money will be accepted -- by the Village Clerks and he will place it in the General Fund. Thia money will be used to defray the expense incurred by the Village in the consideration of the pro- posed development. A miniumm cash fee of $25.00 .;3hall be charged if the plat contains less than 15 lots. For plats containing more than 15 lots an additional zharge of $0.50 per lot will 'see made. SECTION 5. gUALIFICATIONS GOVERNING APPROVAL OF PRELIMINARY PLAT (a) The Planning Commission may recommend and the Village Council may require such changes or revisions as deemed neoessary for the health, safety, genet oral welfare and convenien,,,!s of the Village. (b) The approval of a preliminary plan by the Planning Commission and the Village Council is tentative only, involving merely the general acceptability of the layout as submitted. (c) Before any preliminary plan is approved by the Village Council, the information furnished with said plan must show (con(clusively that the area pro - Dosed to be subdivided is drainable and that the land is of such nature as to make Its "604" . sal 40 OURMAbbso, U Moss Muer am not 400=0e g oar shall be required to en er .neo an agreement g- x*antee ing that all adverse dbnditions will be (iorre.;ted and that drainage will be accomplished in a satis= factory manner. The final decision in this matter shall be made by the Village Council acting upon the advice and recommendation of its Engineer or other auth- orized representative. SECTION b. iz(7!' STANDARDS (1) The minimum lot dimensions in subdivisions designed for single- family detached dwelling developmants shall beg (a�,) 7.5 feet wade &� the established building ,setback line and, on outside street curvatures, (bb) not less the)% 60 feet at the faront lot line, (.cc) not less than 10,000 square feet in area. (2) The minimum corner lot dimensions for single-family detached dwelling developments where permitted under the zozling ordi- nance shall be s (aa) 100 Feet wide at the established building setback: line o (bb) not, :Less than 100 feet in depth and (cc) not lea,.:han 10,000 square feet (3) The minimum dimensions at the rear lot line of any lot shall be 30 feet - (4) Butt lots shall be platted at least fire feet wider than the average interior lots in the block. (5) All lots shall abutt on a publicly -dedicated street. (6) Side lines of lots shall be substantially at right angles or radial to the street line (7) Double -frontage lots shall not be permitted, excepts (aa) adhere lots back upon a thoroughfare, in which case `- vehicular and pedestrian access between the lots and the thoroughfare shall be prohibited, and (bb) Where topographic or other conditions render sub- -7- di,eiding otherwise unreasonable. Such doubts - front -age lots shall have an additional depth of at least 20 feet in order to allow spade for a protective screen- planting along they bank lot line and also in such in- atan'yea vehicular and pedestrian access between thO 10tE3 Rind they tboroughfrare shall be prohibited. (8) Lots abutting upon a water course, drainage way, channel, or stream shall have an additional depth or width, as required, to assure house sites that are not :subject to flooding. 9) In the subdividing of any land, due regard shall be shown for all natural features, such as tree g7owth, water couxaes, historic spots, or similar conditions, which if preserved will add attractiveness and value to the proposed davelopment. SECTION 7 SETBACK _LINES A setback line shall be shown on each lot in every subdivision hereafter recorded in the Village of Maplewood. This line shall be at least 30 feet from the property line and shall be continuous around each entire block. SECTION 8 ALLEYS AND CROSS WALKS The length of any block in a subdivision shall be not more than 1320 Feat. The use of crosswalks through any block or the placing of alleys in any block is to be permitted only when absolutely necessary in the opinion of the Vil- lage Council. SECTION 9 SOIL TEM The Village Council may reguire soil tests prior to the final approval of 6amq plat. These soil tests sha l ,>onsist of test holes to a depth necessary to do- termine the various types of soil to be encountered before reaching a stable base. Such test holes when ordered by the Village authorities, shall be drilled at the eaten pens® of the owner or developer and the information disclosed shall be furnished to the Villegs Council together with a copy of the propoaed plat showing the location of each test hole. The information required by the Village Council shall include a rem M port as to the various types of soil encountered and their dept4s, the level of the ground water and a seepage test and may include additional information. The number of test holes to be drilled and their location on the property which is proposed to be platted will ve as directed by the Village Council or their authorized represent- ative. In questionable cases, the owner shall be required to furnish to the Village Council a report from a recognised engineering laboratory as of the safety and prac- ticability of the use of the area for building construction, including the feasib- ility for installation of sewage fa,yilitieso SECTION 10 CUL-DE-SACS Cul -do -sacs, when used, shall be hold to as short a distance as possible between the origin or main street and the end of the cul-de-sacs Each cul-de-sac shall have a terminus of nearly Arcular shape with a minimum diameter of 100 feet. SECTION 11 HALF WIDTH STREETS The uas of half width streets shall be prohibited, except where essential to the reasonable develops9n", of the subdivision in conformity with the other re- quirements of these regulations and the overall plan of the neighborhood in which the plat is situated. Wherever a half styvet is adjacent to a tract to be sub- divided, the other half of thea street shall be plattedadthin such tract. SECTION 12 FESERVED STRIPS Reserve strips ^=t:rolling access to streetsara prohibited. SECTION 13 ALLEYS AND PEDESTRIAN WAYS (a) Where permitted by the Village Council, alleys shall 'be at least 20 feet wide is xersidential areas and at least 24 feet wide in commercial areas. The Village Council may require alleys in commercial areas where adequate off-street loading space is not available. (b) Pedestrian ways, where permitted, shall be at leant 1,5 feet wide. V SECTION lel EASEMNPS (a) Easements at :least a total of 12 feet wide, centered OR rear lot lines, shall be provided for utilities, where necessary. They shall have continuity of &.1igwwnt from block to block, and at deflectlo% y points, easements for pole -Line anchors shall be provided. (b) W4ere a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm -water easement or drainage right- of-way :conforming substantially with the lines of such water courses, together with such further width or construction, or both, as will be adequate for the storm water drainage of the area. SECTION 13 ZONING Unless a specific request is received with the final plat for zoning of the property or parts of the property into other classifications described in the zoning ordinance of the Village, the Village Council shall immediately, upon `- the recording of such plat, pro.ieed to rezone all of the property in the platted area as re3idential property. It is further provided that requirements for alt- ering zoning classification as provided in the zoning code of the Village of Maplewood is hereby waived wltL respect to area recently platted as herein des- cribed. SECTION 16. CONSTRUCTION AND ImpR0VEl ns All of the construction -or improvement of any kind to be done within the dedicated street right=of-way shall be done by the VillaLs under a -irillage son - tract after the owner or developer has petitioned for such work. The procedure for starting and handling any of this work shall be in accordance with the provisions of the Villag® of Maplewood regulations for construction and the work shall be is accordance with the +spewifa.ya7 ions contained therein. SECTION 1�� PRELIMINARY PLAN APPROVAL Approval of a preliminary plan shall be null and void unless within nin- ety (90) days after receiving the last required approval of the preliminary plan, -10- there shall be submitted to t he clerk of the Village a final plat or plata in ac- cordance with the conditions upon which such approval vas ,granted by the Council. SECTION 18. FINAL PLATS Within ninety (90) days from the time that the preliminary plan is ap- proved by the Villa®e Council, the developer shall submit for approval a copy of the final plat which is to be recorded. At the same time four (4) prints of said plat shall be furnished to the Village for village records and purposes. SECTION 19 NECESSARY DATA FOR FINAL PLAT (a) General All information, except topographic data and zoning classi- fications required on the preliminary plan shall be accurately shown. (b) Additional Delineation (.1) Accurate angular and lineal dimensions for all sines.; angles, and curvatures used to describe boundaries, streets, easements, areas to be reserved for public %sa, and other important features. Lot lines to show dimensions in feet and hundredths. (2) An identification system for all lots and blocks. (3) True angles and distances to the nearest established wrest lines or official monuments (not less than two), which shall be accurately described in the plat. () Municipal, township, county or section lines accur- ately tied to the lines of the subdivision by dis- tances and angles. (3) Radii, internal angles, points and curvatures, and lengths of all arcs. (6) Accurate location of all. monuments. Pipes or steel rods shall be placed at the corners of each lot and at each intersection of street centerlines. 11- () Acs«urate out lire s, le gal descriptions of any areas to be dedikcated or reserved for public use, or for the exclusive use of property owners within the sub® division with the purposes indica"dT'hersin. (8) Certifications by a registered land surveyor, to the e fe ct that the plat represents a survey made by him and that monuments and markers shown thereon exist as loc;ared and that all dimensional and geodetic details are correct. Notarized certification by owner, and by any mortgigo holder of record, of the adoption of the plat alld the dedication of streets and other public areas. (10) Approval by signature of Village and County officials concerned with the approval of the plat. (11) Form for approval of the Village Council as followsa Approved by the Village Council of the Village of Maplewood, this day of 19,—-. Signed Village Clerk. SECTION 20. STREET PLAN The arren,gement, character, extent, width and location of all streets shall conform to the approved Standard Street Sections, and relation to existing and planned streets, to reasonable circulation of traffic, to topographical cond- itions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area be served. No full width street shall be less than 60 feet wide. SECTION 21. FE®MIRED LAND IMPROVEMENTS AND CONSTRUCTION No final plat +shall be approved by the Village Council without first re- ceiving a report signed by the Village Engineer and the Village Attorney certifying that the improvements and construction of the land and streets together with all -12® gather necessary facilit..es in the plat have been completed and satisfactorily arranged in accordance witri provisions of they regulaticna for land improvement and construction. Before a final plat iA approawed by the Villa@* Council, the owner and subdivider of land covered by said plat shall execute and submit to t he Villa,gp Council an agreement, vkLich ahall bee binding on lois or their heirs, personal reps® ,ntativ®s and assigns stip, "sating that ha will cause no private construction to be made on any lots in aald pda�_ 2r file or to be filed any application for building permits for such construction on su<<,h logs, untial all improvements. Pelyigedund®7r the 'village regulations for street cronatruction have been made or arranged for. in the manner provided herein and in the ordinance establishing street construction (see village standards for street construction). SECTION 22. VILLAGE PROCEDUM (a) The Village clerk shall deliver to the village treasurer for de- posit any moneys received as fees herein required with each preliminary plan. The treasurer shall credit same to the general fund of the village. All moneys so re- seived shall be used to defray the expense of engineering. legal, Planning Commis- sion or any other- expense incurzed in connection with such proposed plat. The Village Council :shall refer one copy of the preliminary plan to the Planning Com- mission, one to the village engineer and one to the village attorney for recom- mmndations. A report from the Planning Commission shall be due within thirty (30) days after receipt thereof by said commission. If such plan is referred to the Planning Commission or the Village Council mai act upon the preliminary plan with- out referring same. Reports of tho village engineer and village attorney shall be due within fifteen (15) days after date of receipt of said plan. If any plan in- volves special problems or is not re^ommended by the engineer, attorney or Plan - acing Commission or if for any reason is unacceptable, the Village Clerk shall be directed by the Council to notify the owner or subdivider as to the time and place of a Village Council meeting at rdhich h® will be afforded an opportunity to be heard. 1�� (b) Within ninety (90) days of t he appy®Tal of a preliminary plan by the Villa@& Count tl, there shall be submitted to the Council an original and three (-I) copies of a final plat, which may embrace all or part of the area shown on the preliminary pl&xi. Tho, Village Council shall refer one :opy of the plat to they Planning Commission for its examination and report, and shall refer one copy to the Village Engineer for his ez,aminat ion and report. The remaining copy shall be filed in the Village files by the Clark. Tire report of the Planning Commission shall be dere within 30 days after the plat is received by said Commission; otherwise the Village Council may 'take action without a Commission report. The report of the Village Engineer shall be due within 15 days from receipt of said plata Whenever a plat is not approved by the Village Council., the clerk shall notify the owner or subdivider of the time aid place of a Villa®B Council meeting at which he will be an opportunity to be heard, unless he has previously been heard by the Council. Whenever a final, plat, is approved by the Villag5 Council, the Clerk ,shall sign such plat certifying approval. (C) Following final approval by the Village Council, the Clerk shall notify the owner or the subdivider of the Council action, and within sixty (6th) days thereafter, the final plat, as approved, shall be recorded with the Fag- ister of Deeds or the Fegiatar of Titles of the County. Failure to record the plat within this sixty (60) cky period shall nullify the approval of the Council unless application has been made in writing for an extension of time and such estension has been granted by the Council. SECTION 2.3 BUILDING PERMITS of any building, structure No building permit shall be issued for the construction/or improvement to the land or any lot within a subdivision as defined herein which has been approved for platting, until all requirements of this ordinances and all provisions for street construction and land improvement: have been complied with in full. SECTION 24 VARIATIONS AND E XCE PT IONS The Planning Commission may recommend variations from these requirements in specific. cases which, in its opinion, do not affect the ganeral plan or the in- 14- tent of this ordinance. Succh recommmndation *hall be communicated to the Council in writing, sv bstantiating the recommended variations. The Coux(mll maV appro�m 1-4' variations from the requirements of this ordinance in specific cases which, in its opinion, do not adversely affect thLo pian and spirit of this ordinance. SECTION 25. VALIDITY If anT section, subsection, sentences clause or phrase of this ordiam an�,v is for any -reason held to be invalid, such d«oci:sion shall. not affect the val- idity of the remaining portioas of this ordinance. SECTION :26 'TyI©LATION PENALTY Anyone vioiating any of the provisions of this ordinance shall be guilty of a misdemeanor, punishable by a Fine of not more than One Hundred Dol- lars ($100.00) for each and *Torg day that s^ach violation continues. SECTION 27. ORDINANCES AEPEAIED Ordinance No._?Z__, adopted February 2,-19566s and all ordinances or jparts -of ordinances in conflict with the proviaioxns of this ordinance are here- by repealed. SECTION 28 EFFECTIVE DATE This ordinance *shah, be in full force and effect from and after its passa® and publication according to law. Adopted by the Village Council of the Village of Maplewood, Mianesota this 27th day of April —1997 ATTEST s Villalp Clerk j Magor® Village of Maplewood.