Each new subdivision becomes a permanent unit in the basic physical structure of the future community, a unit to which the future community will of necessity be forced to adhere. Piecemeal planning of such subdivisions without correlation to the City Plan can bring a disconnected patchwork of plats, a poor circulation of traffic, and an undesirable atmosphere. In order that new subdivisions will contribute toward an attractive, orderly, stable and wholesome community environment, adequate municipal services and efficient movement of traffic, all subdivisions hereafter platted within the jurisdiction of the City of Chaska shall, in all respects fully comply with the requirements hereinafter set forth in these Regulations. In their interpretation and application the provisions of these Regulations shall be the minimum requirements adopted for the protection of the public health, safety, and general welfare. The City reserves the right to require more than the minimum established herein in cases where it is deemed necessary for the protection of the public health, safety, and general welfare.

1. The rules and regulations governing plats and subdivisions of land contained herein shall apply within the City of Chaska to all division of property in the City of Chaska which constitutes a “subdivision” as defined in this Ordinance;
2. In any case in which compliance with the herein restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of these subdivision regulations, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Prior to the City Council considering the granting of such waiver, the Planning Commission shall make its recommendation to the City Council.
   

For the purpose of these regulations, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

Block: 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.

Boulevard: The portion of the street right-of-way between the curb line and the property line.

Butt Lot: A lot at the end of a block and located between two corner lots.

City Plan: A comprehensive plan adopted by the City Council, indicating the general locations recommended for the various functional classes of public works, places and structures, and for the general physical development of the community of Chaska, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

Easement: A grant by an owner of land for the specific use of said land by the public generally, or to a person or persons.

Final Plat: The final map, drawing or chart on which the subdivider’s plan of subdivision is presented to the City Council for approval, and which, if approved, will be submitted to the County Recorder and Registrar of Titles. Said plat must conform to all State Laws.

Lot: A piece, parcel or plot of land intended for building development or as a unit for transfer of ownership.

Minimum Subdivision Design Standards: The guides, principles and specifications for the preparation of subdivision plans indicating, among other things, the minimum and maximum dimensions of the various elements set forth in the Preliminary Plat.

Owner: Any individual, firm, association, syndicate, co-partnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.

Pedestrian Way: The right-of-way across or within a block for use by pedestrian traffic whether designated as a pedestrian way, cross-walk or however otherwise designated.

Person: Any individual, firm, association, syndicate or partnership, corporation, trust, or any other legal entity.

Planning Commission: The Chaska Planning Commission. Preliminary Plat: The preliminary map, drawing, or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission and City Council for their consideration, in compliance with the City Plan and these regulations along with required supporting data.

Protective Covenants: Contracts entered into between private parties and constitute a restriction on the use of all private property within a subdivision for the benefit of the property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.

Streets and Alleys:

1. Street: A way for vehicular and pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, collector, arterial, road, avenue, lane, place, or however otherwise designated.
   1. Collector Street is a street which carries traffic from local streets to arterials or between arterials. It includes the principal entrance streets of a residential development and streets for circulation within such a development.
   2. Cul-de-sac is a local street with only one outlet and having a turnaround.
   3. Service Street (frontage road) is a local street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.
   4. Local Street is a street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood.
   5. Street Width is the shortest distance between the lines delineating the right-of-way of a street.
   6. Principal Arterial is a roadway system which connects sub-regions in a continuous system within the Metropolitan Area, and connects the Metro Area to outstate areas. It carries high volumes of traffic at high speeds.
   7. Intermediate Arterial is a roadway which connects two or more sub-regions within the Metro Area in high volume corridors and provides secondary connection to outstate areas.
   8. Minor Arterial is a roadway which is primarily oriented toward travel within and between adjacent sub-regions, toward sub-metropolitan mobility.
2. Alley: A minor way which is used primarily for vehicular service access to the back or the side of properties abutting on a street.

Subdivider: Any person commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or for another.

Subdivision: The division of any parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. The term shall not, however, include conveyance of land as set forth in Minn. Stat. § 462.358 subd. 4b. A through F listed below, and does not include exchanges of land merely for purposes of establishing boundary lines between contiguous parcels of land or the clearing of objections to marketability of title to lands.

The Subdivision:

1. Was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later, or of the adoption of subdivision regulations pursuant to a home rule charter, or
2. Was the subject of a written agreement to convey entered into prior to such time,
3. Was a separate parcel of not less than 2-1/2 acres in area and 150 feet in width on January 1, 1966, or
4. Was a separate parcel of not less than five (5) acres in area and 300 feet in width on July 1, 1980, or
5. Is a single parcel of commercial or industrial land of not less than five (5) acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than five (5) acres in area or 300 feet in width, or
6. Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width

Unless approval as a Final Plat as provided herein, no subdivision shall be entitled to be recorded in the Office of County Recorder and Registrar of Titles nor shall it have any validity; and the Building Inspector shall not issue building permits for any structure on a lot in any proposed subdivision. The City Council shall not permit any public improvements to be installed unless the Preliminary Plat is approved and shall not permit any street and utility maintenance services until approval of the Final Plat.

1. Sketch Plan. Subdividers are invited to prepare for review with the Planning Commission a proposed subdivision sketch plan which, in order to be most useful, should contain the following information:
   1. Site location map showing the major streets, school locations, commercial centers, and other significant developments;
   2. Tract boundaries;
   3. North point and scale;
   4. Streets within and adjacent to tract;
   5. Topography and physical features;
   6. Proposed general street design;
   7. Proposed lot size and orientation;
   8. Buildable area.
      
      The sketch plan will be considered as the basis for discussion between the subdivider and Planning Commission. Submission of such sketch plan shall not constitute formal filing of a Preliminary Plat. The Planning Commission will, on the basis of such sketch plan, unofficially advise the subdivider of the extent to which the proposed subdivision conforms and will discuss possible modifications.
2. Preliminary Plat.
   1. Before dividing any tract of land into two or more lots or parcels, an owner or subdivider shall, unless a Variance is authorized, file with the Community Development Director:
      1. An application in form as provided by the Community Development Director.
      2. Ten copies of the Preliminary Plat, plus any additional copies deemed necessary by the Platting Officer.
      3. Required Cash Fee: The fee schedule established by resolution of the City Council is as follows:
         
         

         PLANNED RESIDENCE DEVELOPMENT (PRD)
         Concept Plan:	$250.00 + $5.00 per unit
         Preliminary Plat:	$150.00 + $5.00 per acre
         Final Plat:	$100.00 + $2.00 per acre

         
         

         PLANNED COMMERCIAL DEVELOPMENT (PCD)
         Concept Plan:	$350.00 + $10.00 per acre
         Preliminary Plat:	$200.00 + $5.00 per acre
         Final Plat:	$100.00 + $3.00 per acre

         
         

         PLANNED INDUSTRIAL DEVELOPMENT (PID)
         Concept Plan:	$350.00 + $10.00 per acre
         Preliminary Plat:	$200.00 + $5.00 per acre
         Final Plat:	$100.00 + $3.00 per acre

         
         

         PLANNED MULTI-USE DEVELOPMENT (PMD)
         Concept Plan:	$350.00 + $10.00 per acre
         Preliminary Plat:	$200.00 + $5.00 per acre
         Final Plat:	$100.00 + $3.00 per acre

         
         

         NON-PRD
         Preliminary Plat:	$250.00 + $10.00 per acre + $5.00 per lot to maximum of $750.00
         Final Plat:	$100.00 + $3.00 per lot to maximum of $350.00

         
         Said fees will be used for the expenses of the City in connection with approval or disapproval of said plat. In addition to the platting fee, the owner or subdivider shall be responsible for fees incurred for time spent on said plat by the following consultants:
         1. City Planner
         2. City Engineer
         3. City Attorney
      4. If the subdivider requests that any existing special assessments which have been levied against the premises described in the subdivision be divided and allocated to the respective lots in the subdivision plat, the City shall estimate the clerical cost of preparing the revised assessment roll, filing the same with the County Auditor, and making such division and allocation, and upon approval by the Council of such estimated cost the same shall be paid to the City Treasurer in addition to the fee mentioned in paragraph B,1,c, to cover the cost of preparing and filing such revised assessment.
   2. The Community Development Director shall serve as the Platting Officer with duties and responsibilities as set forth herein;
   3. The filing of application for Preliminary Plat shall be considered to be officially filed when the Platting Officer has received and examined such plat and has certified that all required materials have been submitted to his satisfaction. On the same date that the Platting Officer places the Preliminary Plat on file, he shall:
      1. Set a public hearing on the Preliminary Plat, such hearing to be held by the Planning Commission within 45 days. The Planning Commission shall report its findings and recommendations to the City Council. Notice of said hearing shall be published once in the official City newspaper at least ten (10) days prior to the hearing.
      2. Refer copies of the Preliminary Plat to the City Planner, City Engineer and other staff or consultants as appropriate.
   4. Submit copies of the Plat together with staff/consultant reports and other relevant material to the Planning Commission within ten (10) days of the public hearing;
   5. The Platting Officer shall prepare a report of the Planning Commission findings and recommendations and transmit same to the City Council within 15 days subsequent to the close of the public hearing on said Preliminary Plat;
   6. The City Council shall act on the Preliminary Plat within 45 days of the date of the closing of said public hearing. If the report of the Planning Commission has not been received in time to meet this requirement, the Council may act on the Preliminary Plat without such a report;
   7. 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 subdivision.
3. Final Plat.
   1. The owner or subdivider shall file five (5) copies of the Final Plat with the City not later than six (6) months after the date of approval of the Preliminary Plat; otherwise, the Preliminary Plat will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the City Council. The owner or subdivider shall also submit at the same time an up-to-date certified abstract of title or registered property report and such other evidence as the City Attorney may require showing title or control in the applicant. Required fees shall be paid at time of filing.
      
      The Final Plat will have incorporated all changes or modifications required by the City Council; in all other respects it shall conform to the Preliminary Plat. It may constitute only that portion of the approved Preliminary Plat which the subdivider proposes to record and develop at the time provided that such portion conforms with all the requirements of these regulations.
   2. The Final Plat shall be considered officially filed after the Platting Officer has examined it and certified that all requirements have been met.
   3. On the same date that the Final Plat is filed, the Platting Officer shall refer copies of the Final Plat to the City Engineer, City Planner, other City staff, and municipal and private utility companies as appropriate. The abstract of title or registered property report shall be referred to the City Attorney for his examination and report. The City Attorney’s report shall be given to the City Council within 30 days. The procedure and timing for the reports of the City Planning Commission, City Engineer, and City Planner and action by the City Council are the same as for the Preliminary Plat except that no public hearing is required in processing the Final Plat.
   4. One copy of the Final Plat shall be submitted to the County by the subdivider for purposes of mathematical checking and compliance with the State and County law; a certificate of compliance shall be returned to the City prior to final approval by the City and all such fees shall be paid by the subdivider.
   5. If the Final Plat is approved by the City Council, the subdivider shall record it with the Office of the County Recorder and Registrar of Titles within 90 days after the date of approval, otherwise the approval of the Final Plat shall be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the City Council.
   6. The subdivider shall, immediately upon recording, furnish the City Clerk with a reproducible copy and one print of the Final Plat showing evidence of the recording. No building permits shall be issued until these conditions have been complied with.
   7. Upon receiving approval of a Final Plat for a portion of the approved Preliminary Plat, the subdivider shall not be required to request a continuation of the City’s recognition of the Preliminary Plat so as to maintain its approval.
   8. The City may provide for the consolation of preliminary and final review and approval or disapproval of subdivisions.
   9. Plats to include a summary of: Acreage, blocks, lots, and a scaled down (1” = 200’) plat for house numbering. All lots shall be numbered prior to the issuance of building permits.
   10. The Developer shall place a $500.00 deposit with the City of Chaska for all improvements constructed by the Developer under Plan A. Said deposit shall be refunded to the Developer when the City receives as-builts for the subdivision.

The Preliminary Plat of the proposed subdivision shall contain or have attached thereto the following information:

1. Identification and Description.
   1. Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation of the name of any plat theretofore recorded in the County;
   2. Legal description of property according to the records in the Carver County Recorder of Deeds office;
   3. Names and addresses of the owner, and any agent having control of the land, subdivider, surveyor, engineer, and designer of the plan;
   4. Graphic scale not less than one (1) inch to 100 feet;
   5. North-point;
   6. Date of presentation.
2. Existing Conditions.
   1. Boundary line survey, including measures, distances, and angles which shall be tied to the nearest section corner by traverse;
   2. Existing zoning classifications;
   3. Total acreage to tenths;
   4. Location and names of existing or platted streets or other public ways, parks, and other public lands, permanent buildings and structures, easements and section and corporate lines within the Preliminary Plat and to a distance 100 feet beyond;
   5. Location and size of existing sewers, water mains, culverts or other underground facilities within the Preliminary Plat area and to a distance of 100 feet beyond. Such data as grades, invert elevations, and location of catch basins, manholes, and hydrants shall also be shown;
   6. Boundary lines of adjoining unsubdivided or subdivided land, within 100 feet, identifying by name and ownership;
   7. Topographic data, including contours at vertical intervals of not more than two (2) feet, except where the slope is ten (10) degrees or more, five (5) foot vertical intervals shall be used. Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. U.S.G.S. datum shall be used for all topographic mapping. A copy of all proposed private restrictions shall be submitted;
   8. Slope Analysis: Identify in map form the following categories:
      1. 0% to 6%,
      2. 6% to 12%,
      3. 12% to 18 %, and
      4. over 18%;
   9. Permanent buildings and structures;
   10. If applicable, limits of flood plain, floodways, and floor areas.
3. Subdivision Design Features to be Shown.
   1. Layout of proposed streets indicating all bridges, showing right-of-way widths and proposed names of streets. The names of any street heretofore used in the City or its environs shall not be used unless the proposed street is an extension of an already named street, in which event the name shall be used. The Developer shall submit to the Community Development Director a list of proposed street names for all subdivisions for review and approval prior to Preliminary Plat approval;
   2. Location and widths of proposed alleys, pedestrian ways and utility easements;
   3. Layout showing the boundary of all drainage districts, together with an indication as to the method of disposing of the proposed storm water runoff;
   4. Approximate center line gradients of proposed streets and alleys, together with typical cross-sections of proposed street and alley improvements;
   5. Preliminary Landscaping and Grading Plans;
   6. Location, size, and approximate gradient of proposed sanitary sewer lines and water mains;
   7. Layout, numbers, and preliminary dimensions of lots and blocks;
   8. 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.
4. Other Information.
   1. Statements of the proposed use of lots stating type of residential buildings with number of proposed dwelling units; type of business or industry so as to reveal the effect of the development on traffic, fire hazards, or congestion of population;
   2. Source of water supply;
   3. Provisions of sewage disposal, drainage, and flood control;
   4. Soil tests if requested by Planning Commission or City Engineer;
   5. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions.
5. Preliminary Development Plan Format. The Preliminary Plat shall be accompanied by a set of preliminary development plans. The surveys, information, and supporting data as set forth in this section shall be submitted on a standard size paper and in a format which shall include the following:
   1. Title sheet which indicates name of plat and the names, addresses, and telephone numbers of the Owner, the Surveyor, the Engineer or Land Planner preparing the preliminary development plans;
   2. Location plan containing a copy of the half-section wherein the proposed subdivision is located to a scale of 1” = 200’ with the proposed subdivision drawn thereon;
   3. Proposed plat, together with all existing conditions, topography, drainage districts, and flood plains located thereon;
   4. Plan Profile sheets as required to indicate street gradients and preliminary utility layouts;
   5. Detail sheet indicating street cross-section and other pertinent design details or data.
6. Plan of the Entire Area.
   
   Where a tract of land is proposed for subdivision that is a part of a larger logical subdivision unit, the Planning Commission may cause to be prepared a “Plan of the Entire Area”, such plan to be used by the Commission to aid in judging the proposed plat, and to show in at least a preliminary or sketch form the proposed layout of streets, blocks, lots and the proposed use of land if different from residential.
   
   Arrangements involving who shall prepare such plan and who shall pay the costs of preparing such plan shall be determined prior to Preliminary Plat filing; however, the owner of the tract to be subdivided shall assume responsibility for his/her entire property holding.

1. The City Planning Commission may return a conditional report to the City Council after holding the public hearing. The City Council may require such changes or revisions as it deems necessary for the health, safety, general welfare, and convenience of the City;
2. The approval of a Preliminary Plat by the City Council is an acceptance of the general layout as submitted, and indicates to the subdivider that he may proceed toward fulfilling the necessary steps for approval of the Final Plat in accordance with the City Council’s approval;
3. Subsequent approval of the engineering proposals required by this Ordinance pertaining to water supply, storm drainage, sewage and sewage disposal, sidewalks, gas and electrical service, grading, gradients and roadway widths, and the surfacing of streets shall be necessary by the public officials having jurisdiction, prior to the approval of the Final Plat by the City;
4. No plat will be approved for a subdivision which does not conform to applicable flood plain regulations or which contains extremely poor drainage facilities and which would make adequate drainage of the streets and lots impossible, unless the subdivider agrees to make improvements which will, in the opinion of the City Engineer, make the area completely safe for occupancy, and provide adequate street and lot drainage.
   

1. General. The Final Plat shall be prepared by a land surveyor who is registered in the State of Minnesota and shall conform to all State and County requirements and the requirements of paragraph B and CZO 15.36.050 paragraphs A, B, C,1, C,2, and C,7.
2. Information to be Shown.
   1. Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets, alleys, easements, areas to be reserved for public use. Dimensions of lot lines shall be shown in feet and hundredths;
   2. City copies of all Final Plats shall show all wooded natural slopes of 18% grade or greater;
   3. An identification system for all lots and blocks;
   4. Municipal, township, county, or section lines accurately tied to the lines of the subdivision by distances and angles;
   5. Radii, internal angles, points and curvatures, tangent bearings and lengths of all arcs;
   6. Accurate location of all monuments;
   7. Certifications by attached information showing that all taxes and special assessments currently due on the property to be subdivided have been paid in full;
   8. Form of approval of City Council as follows:
      
      “Approved by the City Council of the City of Chaska, Minnesota, this ______________ day of ________________________, _______.
      (YEAR)
      __________________________
      Mayor, City of Chaska
      
      ATTEST: _________________
      City Clerk”
   9. Form for approval by County authorities as required.
3. Final Development Plans. The Final Plat shall be accompanied by a set of final development plans which shall be a completion and/or refinement of the preliminary development plans outlined in CZO 15.36.050, modified as required. All design shall be in conformance with the minimum subdivision design standards outlined in CZO 15.36.080. A complete set of “as-built” construction drawings for any improvement constructed in the subdivision shall be furnished as soon as the construction is completed and approved by the City.
4. Protective Covenants. If certain standards, covenants, conditions, or restrictions are established for developments within the City of Chaska, the Developer shall file a copy of the same with the Community Development Director.
   

1. Conformity with the Comprehensive Plan. The proposed subdivision shall conform to the Comprehensive Plan.
2. Street Plan. The arrangement, character, extent, width, grade, and location of all streets shall conform to the Comprehensive Plan and to these regulations, and shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographical conditions, to run-off of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
   1. Continuation of Existing Streets. The arrangement of streets in new subdivisions shall make provision for the appropriate continuation of the existing streets in adjoining areas.
   2. Future Projection of Streets. Where adjoining areas are not subdivided, but may be subdivided, the arrangement of streets in a new subdivision shall make provisions for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations.
   3. Streets.
      1. Street Width and Grades: The following standards of street design shall be observed by the subdivider:
         
         

         Street Category	Minimum Width Right-of-Way	Minimum Width Pavement	Maximum Grade*	Maximum Grade
         Arterial, minor	80 feet	48 feet	6%	0.4%
         Collector	70 feet	40 feet	7%	0.4%
         Local	60 feet	32 feet	8%	0.4%
         Cul-de-sac/frontage road	50 feet	28 feet	8%	0.4%

         * To assure a safe and reasonable sight distance at intersections, a lesser maximum grade may be required.
      2. Deflections: When the center line of connecting streets or the center line of a single street deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius of sufficient length to assure safe movement of vehicular traffic, but not less than 100 feet.
      3. Vertical Curves: Different connecting street gradients shall be connected with vertical curves. Minimum length, in feet, of these curves shall be 20 times the algebraic difference in the percent of grade of the two (2) adjacent slopes, but not less than 50 feet.
      4. Street Jogs: Street jogs shall have a center line off-set of 150 feet or more when applied to minor streets or service streets; in all other cases they have been avoided.
      5. Minor Streets: Minor streets shall be so aligned that their use by through-traffic will be discouraged.
      6. Cul-de-sacs: Turnarounds shall have a minimum outside roadway diameter of 90 feet, and a minimum street property line diameter of 120 feet. Maximum distance between a street intersection and a turnaround or between two (2) turnarounds shall be 500 feet measured along the street center line from the intersection of origin or from the center point of the turnaround.
      7. Service Streets / Frontage Roads: Where a subdivision abuts or contains an existing or planned major thoroughfare or a railroad right-of-way, the City Council may require a street approximately parallel to and on each side of such right-of-way for adequate protection of residential properties and to afford separation of through and local traffic. Such service streets shall be located at a distance from the major thoroughfare or railroad right-of-way suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
      8. Access to Arterial and Collector Roadways: Where a proposed plat is adjacent to an arterial or collector roadway as designated by the Chaska Comprehensive Plan, spacing between access points to such thoroughfares of less than 600 feet (1/8 mile) for collectors, 1,320 feet (1/4 mile) for minor arterials, and 2,640 feet (1/2 mile) for intermediate arterials, shall be avoided except where impractical or impossible due to existing property divisions or topography.
      9. Half Streets: Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and except where the City Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever there is a half street adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract prior to the granting of access.
      10. Reserve Strips:
      11. Reserve strips controlling access to streets shall be prohibited except under conditions approved by the City Council.
      12. Private Streets: Private streets shall not be approved nor shall public improvements be approved for any private street, except in relation to planned residential developments.
      13. Hardships to Owners of Adjoining Property Avoided: The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it.
   4. Alleys.
      1. Locational Requirements: Either a public or private alley shall be provided in a block where commercially zoned property abuts a major thoroughfare or a major street. Alleys in residential areas other than those zoned for multiple family use shall not be permitted.
      2. Widths. All alley rights-of-way and pavement widths when installed shall conform to the following minimum standards:
         
         

         Classifications:
         Industrial or Commercial, (R-O-W)	20 feet	pavement 16 feet
         Residential (one-way)	16 feet	pavement 12 feet

      3. Grades: All center line gradients shall be at least 0.4 percent and shall not exceed eight (8) percent.
   5. Intersections.
      1. Angle of Intersection: The angle formed by the intersecting of streets shall not be less than 80 degrees with 90 degree intersections preferred.
      2. Size of Intersection: Intersections of more than four (4) corners shall be prohibited.
      3. Corner Radii: Roadways of street intersections shall be rounded by a radius of not less than 20 feet. Roadways of alley-street intersections shall be rounded by a radius of not less than six (6) feet. Corners at the entrances to the turnaround portions of cul-de-sacs shall be rounded by a radius of not less than 20 feet.
   6. Curb and Gutter. Concrete curb and gutter shall be included as a part of the required street surface improvement and shall thus be designed for installation along both sides of all roadways in accordance with the standards of the City.
   7. Sidewalks.
      1. All sidewalk widths shall, when installed, conform to the following minimum standards:
         
         Classification: Single Family area, width five (5) feet
         Classification: Multiple Family area, and public building sites, width six (6) feet
         Classification: Commercial area, width ten (10) feet
         Classification: Industrial area, width six (6) feet.
      2. Grades: Sidewalks shall slope 1/4 inch per foot away from the property line and the profile grade shall not exceed eight (8) percent.
   8. Pedestrian Ways. In blocks over 600 feet long, pedestrian crosswalks through the blocks, and at least 20 feet wide, may be required by the City Council in locations deemed necessary to public health, convenience and necessity.
   9. Water Supply Extensions.: Extensions of the public water supply system shall be designed so as to provide public water service to each lot. The design of said extensions shall be in accordance with the standards of the City and nationally recognized fire underwriters.
   10. Sewage Disposal. Extensions of the public sanitary sewer system shall be designed so as to provide sewer service to each lot. The design of said extensions shall be in accordance with the standards of the City and the Metropolitan Council Metropolitan Services.
   11. Drainage. A complete and adequate drainage system shall be required for the subdivision and shall include either a storm sewer system or a system of open ditches, culverts, and pipes, or a combination of both systems. Such system or systems shall be designed in conformity with all applicable standards of the City so as to meet their approval.
   12. Easements.
       1. Provided for Utilities: Easements at least 12 feet wide, centered on rear and interior lot lines, shall be provided for utilities where necessary and shall be dedicated to the City by appropriate language in the owner’s certificate. They shall have continuity of alignment from block to block, and at deflection points easements for pole-line anchors shall be provided where necessary. Easements shall be provided along property lines from utility easements on rear lot lines to right-of-way so as to provide for a street line interval not to exceed 500 feet.
       2. Provided for Drainage: Easements shall be provided along each side of the center line of any water course or drainage channel whether or not shown in the Comprehensive Plan, to a width of 50 feet each side of the center line to provide proper maintenance and protection and to provide for storm water run-off and installation and maintenance of storm sewers, and they shall be dedicated to the City by appropriate language in the owner’s certificate.
   13. Street Trees. Street trees when planted shall not be less than 40 feet apart with a minimum of one per lot. They should preferable be placed three (3) to six (6) feet inside the property line rather than in the boulevard. The minimum size and type to be planted shall conform to the provisions of the applicable ordinances of the City.
   14. Street Names. Names of new streets shall not duplicate existing or platted street names unless a new street is a continuation of or in alignment with the existing or platted street, in which event it shall have the same name of the existing or platted street so in alignment.
   15. Blocks.
       1. Factors Governing Dimensions: Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lots required in the area by the Zoning Ordinance and to provide for convenient access, circulation control, and safety of street traffic.
       2. Length: Block lengths shall not exceed 1,200 feet.
       3. Arrangement: A block shall be so designed as to provide two tiers of lots, unless it adjoins a railroad, major thoroughfare, river, or park where it may have a single tier of lots.
   16. Lots.
       1. Location: All lots shall abut by their full frontage on a publicly dedicated street or a street that has received legal status as such, except those abutting approved private streets as specified in the Zoning Ordinance.
       2. Size: The lot dimensions in subdivisions shall not be less than the minimum dimensions required to secure the minimum lot area specified by the Zoning District in which it is located.
       3. Corner Lots: Corner lots shall be platted at least 15 feet wider than minimum requirements for interior lots.
       4. Butt Lots: Butt lots shall be platted at least five (5) feet wider than the average width of interior lots in the block.
       5. Side Lot Lines: Side lot lines of lots shall be substantially at right angles to the street line.
       6. Water Courses: 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.
       7. Natural Features: In the subdividing of any land, regard shall be shown for all natural features, such as tree growth, water courses, historic spots, or similar conditions, which, if preserved, will add attractiveness and stability to the proposed development.
       8. Lot Remnants: All remnants of lots below a minimum size left over after subdividing of a larger tract must be added to adjacent lots, or a plan shown as to a future use rather than allowed to remain as unusable parcels.
       9. Lots Along Thoroughfares: There shall be no direct vehicular access from residential lots to arterial streets, and such access to collector streets shall be avoided where possible.

Dedication of Land or Cash Equivalent for Park/Open Space Use:

In all subdivisions to be developed for residential, commercial, industrial, or other uses, or as a planned development which includes residential, commercial, and industrial uses, or any combination thereof in addition to other land dedicated for public use pursuant to these subdivision regulations, a reasonable portion of each such proposed subdivision shall be dedicated for public use as parks, playgrounds, trails, or public open space. At its option, the City Council may require a cash contribution in lieu of land dedication, or may require a combination of land, cash contribution, or public improvements related to dedicated lands.

1. Land Dedication.
   1. Amount of Land. For purpose of this Ordinance, “reasonable portion” to be dedicated shall be at least ten (10) percent of gross residential land and at least seven (7) percent of gross commercial and industrial land.
   2. Suitability of Land. The City Council shall not be required to accept land which it determines would not be suitable for public purposes as set forth above, or which would require extensive public expenditures to make such land usable. In determining the suitability of land for public purposes, the City Council shall consider its relation to the Chaska Comprehensive Plan, Park/Recreation Plan element, and may also consider such factors as size, shape, topography, soil conditions, drainage, tree cover, and accessibility.
   3. Storm Water Holding Areas. Land dedicated for the holding of storm water, power line easements, etc., or land which may be of questionable public use as park oriented land shall not be acceptable as part of the park dedication requirement unless same land does in fact fulfill the intent and purposes of this Ordinance.
   4. Provision of Excess Private Open Space. Where private developed open space is provided in excess of that required pursuant to the Chaska Zoning Ordinance, the City Council may accept such areas as credit against the amount of land required to be dedicated for public purposes so long as necessary assurances are provided that same will remain as park or recreation land.
   5. Provision of Park/Recreational Facilities. Where developed park/recreation facilities are provided for public use such as tennis courts, ball fields, and walkways, the City Council may reduce the amount of required land dedication or cash contribution by an amount equivalent to the cost of such facilities provided.
   6. Excess Area Required for Public Use. The City Council may require that an area in excess of that required to be dedicated herein be designated on the plat for public use as park, playground, trail, or public open space use. The City Council or such other appropriate public agency may acquire such excess land by dedication, purchase, or condemnation.
   7. Quit Claim Deed or Easement. The dedication of any land shall be made by the Developer delivering to the City, or appropriate home owner’s association approved by the City, a Quit Claim Deed or easement, as hereinafter provided, for such land immediately after filing of the plat in the appropriate recording office in the County of Carver, State of Minnesota. Whether such dedication shall be by Quit Claim Deed, and thereby conveying fee title to the City, or easement shall be within the discretion of the City based upon the following guidelines:
      1. If the land involved is a relatively narrow parcel which its primary intended use for park purpose is the conveyancing of people from one place to another together with the construction of such facilities as are deemed necessary by the City for walkway purposes, said dedication may be by easement; in all other cases such dedication shall be by Deed conveying fee title to the City free of liens and encumbrances which may in the opinion of the City Council adversely affect the property for park purposes.
2. Cash in Lieu of Land.
   1. Amount of Cash. The amount of cash to be paid in lieu of land dedication shall be based upon the fair market value of the land to be subdivided at the time of Final Plat approval. Market value for land depends on numerous factors including, but not limited to, location, density, topography, soil conditions, tree cover, etc. Therefore, for purposes of this section, fair market value is determined according to one of the formulas as set forth by Resolution of the City Council.
   2. Assessment. The City Council may permit the required cash equivalent to be assessed against the subdivided land in accordance with the terms of CZO 15.36.100 paragraph D,3,b. Such cash payments shall bear interest at the maximum rate allowable on assessments under the laws of the State of Minnesota.
   3. Time of Payment. All cash payments shall be made no later than at the time of Final Plat approval unless assessed pursuant to paragraph B,2.
   4. Separate Fund Required. The City Council shall establish a separate fund into which all cash contributions received from owners and developers in lieu of land dedication shall be deposited. This fund shall also hold cash donations made by the private sector for park and open space improvements as well as any money derived from the sale or lease of public open space.
      
      The City Council shall establish separate budgeting and accounting procedures for this fund and may make appropriations from such fund from time to time for acquisition of land for park and playground purposes and for capital development of existing park and playground sites.
3. Park, Recreation and Natural Resources Commission Review/ Recommendation.
   1. The subdivider shall consult with the Chaska Park, Recreation and Natural Resource Commission at the time the sketch plan is under consideration to secure its recommendation concerning any property which should be dedicated to the public for parks, playgrounds, trails, and open space.
   2. The Park Commission shall recommend to the City Council the location, size, and configuration of land that the Commission feels should be dedicated for the above public purposes, and/or the total amount of cash contribution to be made in lieu of land.
   3. The Commission shall also make recommendation to the City Council on the disbursements of funds collected as part of this Ordinance and on other administrative procedures which it deems necessary to carry out the provisions of this Ordinance.
      

1. Improvements Listed and Described. Prior to the approval of the Final Plat by the City Council, the subdivider shall have agreed, in the manner set forth in paragraph C, to install, in conformity with all applicable standards and ordinances of the City, the following improvements on the site:
   1. Monuments. Monuments of a permanent character shall be placed in locations on the boundary of the subdivision and within it as required by State Law.
   2. Street and Alley Improvements.
      1. Grading: The full width of the right-of-way of each street and alley dedicated in the plat shall be graded in accordance with current City standards.
      2. Concrete Curb and Gutter: Concrete curb and gutter sections shall be installed on both sides of the roadway on all full width right-of-way to be dedicated in the plat and on the outside edge of the roadway in all half width right-of-way to be dedicated in the plat all in accordance with adopted engineering standards.
      3. Pavements: All streets and alleys shall have an adequate sub-base and an approved stabilized surface in accordance with current City standards.
   3. Street Signs: A street sign in accordance with the design adopted by the City shall be installed at each intersection within the plat.
   4. Street Lights: Should the subdivider desire a street light standard or light different from that customarily installed by the City, all additional costs to do so shall be paid by the subdivider.
   5. Utilities: Where utilities are to be installed in street or alley rights-of-way, such installations shall take place prior to street surfacing. Water and sewer services shall be laid to the property.
      1. Sanitary Sewer: Sanitary sewer facilities adequate to serve the subdivision shall be installed in accordance with the latest plans and specifications of the City Engineer and shall meet the requirements of the master plan for sanitary sewer extensions of the City of Chaska. All new construction shall be connected to the City’s Sanitary Sewer System.
      2. Water Supply: Water distribution facilities adequate to serve the subdivision shall be installed in accordance with the latest plans and specifications of the City Engineer and/or shall meet the requirements of the master plan for watermain extensions of the City of Chaska. If municipal water service is available within 600 feet of the property to be served, said subdivision shall be connected to the municipal water system; if municipal water service is not so available then said facilities within the subdivision shall be capped or sealed as directed by the City Engineer until such time as municipal water service does become available.
      3. Electric and Telephone: Distribution facilities shall be installed underground so as to enhance the visual appearance of the area.
   6. Drainage. A system that will adequately take care of the water run-off within the subdivision shall be provided. The City Council may, upon the recommendation of the Planning Commission, determine that the subdivider install storm sewer connections to the existing storm sewer system of the City within or adjacent to the subdivision.
2. Payment for Installation of Improvements. The required improvements to be furnished and installed by the subdivider, which are listed and described in paragraph A, are to be furnished and installed at the sole expense of the subdivider and at no expense to the City. If any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, the City Council may make provisions for causing a portion of the cost of the improvement, represent the benefit to such lands, to be assessed against the same, and in such case the subdivider will be required only to pay for such portion of the whole cost of said improvement as will representing the benefit to the property within the subdivision.
3. Required Agreement Providing for Proper Installation of Improvements. Prior to installation of any required improvements and prior to approval of the Final Plat, the subdivider shall enter into a contract in writing with the City requiring the subdivider to furnish and construct said improvements at his sole cost and in accordance with plans and specifications and usual contract conditions all approved by the City Council, which shall include provisions for supervision of details of construction by the City Engineer and grant to the City Engineer authority to correlate the work to be done under said contract by any other work being done or contracted by the City in the vicinity.
   
   The agreement shall require the subdivider to make an escrow deposit, or in lieu thereof, to furnish the performance bond, as specified in paragraph D, the amount of the deposit and the penal amount of the bond to be equal to the City Engineer’s estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection by the City. On request of the subdivider, the contract may provide for completion of part or all of the improvements covered there prior to acceptance of the plat and in such event the amount of the deposit or bond shall be reduced in a sum equal to the estimated cost of the improvements so completed prior to acceptance of the plat only. The time for completion of the work and the several parts thereof shall be determined by the City Council upon recommendation of the City Engineer after consultation with the subdivider and shall be reasonable in relation to the work to be done, the seasons of the year, and proper correlation with construction activities in the subdivision.
4. Financial Guarantee. The contract provided by paragraph C requires the subdivider to make an escrow deposit, or in lieu thereof, furnish a performance bond as follows:
   1. Escrow Deposit. An escrow deposit (in cash, certificate of deposit, time certificate, or other approved form), shall be made to the City Treasurer in the sum equal to 110% of the total cost as estimated by the City Engineer, including cost of inspection by the City, of all of the improvements to be furnished and installed by the subdivider pursuant to the contract and which have not been completed prior to approval of the Final Plat.
      
      The City shall be entitled to reimburse itself out of said deposit for any cost and expense incurred by the City for completion of work in case of default of the subdivider under said contract, and for any damages sustained by the City on account of any breach thereof. Upon completion of the work and termination of any liability to the City of the subdivider under said contract, the balance remaining in said deposit shall be refunded to the subdivider.
      
      Immediately upon completion of said work, the City shall submit to the Developer an itemized bill in detail, setting forth the actual cost of inspection by the City, which bill shall be paid prior to the acceptance of said work by the City.
   2. Performance Bond. In lieu of making the escrow deposit above described, the subdivider may furnish the City with a public contractor’s performance bond in form prescribed by statute, with corporate surety, in a penal sum equal to the total cost as estimated by the City Engineer, including cost of inspection by the City, of all of the improvements to be furnished and installed by the subdivider pursuant to the contract and which have not been completed prior to approval of the Final Plat. The bond shall be approved by the City Attorney and filed with the City Clerk.
   3. In lieu of paragraphs D,1 and D,2, the agreement between the City and the subdivider may provide that the City shall provide the engineering services and construct all or any portion of said improvements and that payment for said improvements and security therefor will be made to the City as hereinafter described:
      1. Developer to pay 25 percent of total estimated cost of improvement in cash on or before award of contract.
         1. Prior to the award of contract on the making of the proposed improvements, the Developer shall deposit with the City in cash, certified check, or cashier’s check an amount equal to 25 percent of the total estimated cost of said improvements.
         2. The remainder of the total cost thereof shall be assessed against the benefited property as determined by the City; and shall be payable in five (5) equal annual installments; in the event the City shall issue its bonds to cover the remaining cost of said improvements, the annual installments of assessments shall be such that the last installment shall be collected by the City in the same year that the bonds issued for said improvement mature. Assessments on any lot, which are not fully paid at the time of transfer, shall be paid in full on or before such time of transfer.
            
            or
      2. Developer to provide City with Letter of Credit
         1. The Developer shall deposit with the City prior to the City awarding a contract for the making of said improvements, a Letter of Credit, in the form and drawn upon a bank approved by the City, in an amount hereinafter set forth, said Letter of Credit to be irrevocable and unconditional until such time as 50 percent of the principal amount of the total assessments levied for such improvements hereinafter referred to are paid. Said Letter of Credit shall be in an amount equal to, as closely as can be estimated by the City, to the first annual installment of principal and interest of said assessment levied for said improvements. The terms of said Letter of Credit shall be such that the City shall have the right to draw upon such Letter of Credit at any time prior to revocation for any and all assessments levied pursuant to this section that are not paid when due.
         2. The total cost of said improvements shall be assessed against the benefited property as determined by the City and shall be payable in equal annual installments not to exceed five (5) such annual installments and shall bear interest at the maximum rate allowable for assessments under the laws of the State of Minnesota. Assessments against any lot levied pursuant to this paragraph D,3 shall be paid in full on or prior to any occupancy permits being issued for said lot.
      3. However, depending upon economic conditions, the total amount of and cost of improvements requested, the area of land to be subdivided, the amount of money the City must borrow to pay for the cost of construction under such agreement, the financial stability of the Developer, and any other relevant factors, the City shall have the discretion to determine what portion, if any, of said improvements may be installed, constructed, and paid for under the terms of this paragraph D,3 and which method of payment and security shall be made available to the Developer.
5. Construction Plans. Construction plans for the required improvements conforming in all respects with the standards of the City Engineer and the ordinances of the City, shall be prepared at the subdivider’s expense by a professional engineer who is registered in the State of Minnesota, and said plans shall contain his seal. Such plans together with the quantities of construction items shall be submitted to the City Engineer for his approval and for his estimate of the total cost of the required improvements; upon approval they shall become a part of the contract required by paragraph C. The tracings of the plans approved by the City Engineer plus two prints shall be furnished to the City to be filed by the Community Development Director as a permanent record.
6. Inspection. All required improvements on the site that are to be installed under the provisions of this Ordinance shall be inspected during the course of construction by the City Engineer at the subdivider’s expense, and acceptance shall be subject to the City Engineer’s certificate of compliance with the contract.
7. Improvements Completed Prior to Approval of Final Plat. Improvements within a subdivision which have been completed prior to application for approval of the Final Plat or execution of the contract for installation of the required improvements shall be accepted as equivalent improvements in compliance with the requirements of paragraph A, only if the City Engineer shall certify that he is satisfied that the existing improvements conform to applicable City standards.
8. Submittal of Record Plans. The subdivider shall make a set of record plans indicating thereon all changes in the work and including accurate “as built” locations, dimensions, elevations, grades, slopes, and all other pertinent information concerning the completed work. The subdivider shall submit to the City one (1) complete set of reproducible mylar record plans and two (2) complete sets of prints of the record plans.
   

All Registered Land Surveys in the City of Chaska shall be filed with the Platting Officer and be subject to the same procedures as required for the filing of a Preliminary Plat for platting purposes. The standards and requirements set forth in this Ordinance shall apply to all Registered Land Surveys. Unless the Planning Commission and City Council shall approve the Registered Land Survey in accordance with this Ordinance, building permits on tracts shall be withheld, tracts set aside for street purposes shall not be accepted, and no public money shall be spent towards installing utilities or improvements.

1. Minor Subdivisions. In the case of a subdivision of small size and of minor importance, situated in a locality where conditions are well defined, the City Council may exempt the subdivision from complying with some of the requirements stipulated in CZO 15.36.050 pertaining to the preparation of the Preliminary Plat.
   1. Lot Split/Consolidation. In the case of a request to divide/consolidate a lot(s) which is (are) part of a recorded plat 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, the division/consolidation may be approved by the Council after submission of a survey by a registered land surveyor showing the original lot and the proposed division/consolidation.
2. Variance. The City Council may grant a Variance upon receiving a report from the Planning Commission in any particular case where the subdivider can show that, by reason of exceptional topography or other physical conditions, the strict compliance with these regulations could cause an exceptional and undue hardship on the enjoyment of a substantial property right, provided such relief may be granted without detriment to the public welfare and without impairing the intent and purpose of these regulations.
3. Application Required. Application for any such Variance shall be made in writing by the subdivider at the time when the Preliminary Plat is filed for consideration by the City Council, stating fully all facts relied upon by the petitioner, and shall be supplemented with maps, plans, or other additional data which may aid the Planning Commission and City Council in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan.
   
   Any Variance or modification thus granted shall be recorded in resolution form and entered in the minutes of the City Council, setting forth the reasons which justified the action.
4. Planned Development District. The City Council, following review by the Planning Commission, shall have the power to vary from the requirements of this Ordinance in the event a Planned Development District is proposed which would be served by the municipal sewer system, and which generally would create a more desirable living environment than would be possible through the strict application of lot and block requirement.
   

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.

1. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this subdivision shall forfeit and pay to the municipality a penalty of not less than $100.00 for each lot or parcel so conveyed. A municipality may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction.
   
2. Violation of any provision of this Ordinance shall be a misdemeanor.