This chapter shall be known as the "Subdivision Regulations."

(C.F. No. 03-1028, § 1, 4-7-04)

These subdivision regulations are enacted pursuant to the authority granted to the municipality by the state legislature in Minnesota Statutes, Sections 462.351 through 462.365, and shall be a part of the zoning code.

(C.F. No. 03-1028, § 1, 4-7-04)

It is the intent and purpose of this chapter:

(1)

To protect and promote the public health, safety and general welfare;

(2)

To provide for the orderly, economic and safe development of land;

(3)

To promote affordable housing to persons and families of all income levels;

(4)

To provide adequate public services and facilities;

(5)

To provide for the protection and conservation of floodplains, steep slopes, soils and other geologic and ecologic features;

(6)

To provide for the protection and conservation of solar access;

(7)

To provide for the administration of this chapter including procedures and standards for subdivision plat approval;

(8)

To provide for variances from the strict interpretation of this chapter; and

(9)

To provide for penalties for violations of this chapter.

(C.F. No. 03-1028, § 1, 4-7-04)

The definitions contained in Minnesota Statutes, Section 462.352, are incorporated herein by reference. The definitions contained in the zoning code, Chapters 60 through 66, shall also be applicable to the subdivision regulations. The following terms shall have the meanings given to them:

Adjustments of common boundaries. Where platted lots share common boundaries and where boundaries are being redrawn to create new legal descriptions.

Block. An area of land within a subdivision which is entirely bounded by streets or by streets, railroad right-of-way, waterway, outlot, walkway, park or exterior boundary of the subdivision.

Commission or planning commission. The officially created planning commission of the city which has been established by ordinance.

Comprehensive plan. The comprehensive development plan prepared and adopted by the city indicating the general locations recommended for major land uses, streets, parks, public buildings and other public improvements.

Crosswalk or pedestrianway. A city-owned right-of-way which crosses a block and furnishes pedestrian access to adjacent streets or properties.

Easement. A grant by a property owner to the use of land by the public, a corporation or persons for specific purposes as the construction of utilities, drainage ways and roadways.

Grade, percentage of. The rise or fall of a street in feet and tenths of a foot for each one hundred (100) feet of horizontal distance measured at the centerline of the street.

Highwood. That area bounded on the north by Lower Afton Road, on the east by McKnight Road, on the south by the city limits and on the west by Highway 61.

Individual sewage treatment system. A sewage treatment system or part thereof serving a dwelling or other establishment or group thereof that uses subsurface soil treatment and disposal or aboveground soil treatment in areas of high water table or bedrock or rapidly or slowly permeable soils.

Lot. The smallest unit of a subdivision individually numbered or designated on the plat for purposes of description, recording, conveyance, development and taxation.

Lot splits. The division of one (1) or more lots which creates no more than four (4) lots.

Municipal services. City sewer and water.

Plat. A map or drawing indicating the subdivisions or resubdivision of land, intended to be filed for record, and drawn in accord with Minnesota Statutes, Chapter 505.

Right-of-way. Land dedicated and publicly owned for use as a street, alley or crosswalk.

Split zoning. A single lot or parcel containing two (2) or more different zoning classifications.

Street width. The street right of way width, measured at right angles to the centerline of the street.

Subdivision. The separation of an area, parcel or tract of land under single ownership into two (2) or more parcels, tracts, lots or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads or alleys, for residential, commercial, industrial or other use or any combination thereof, except those separations:

(a)

Where all the resulting parcels, tracts, lots or interests will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses, and five (5) acres or larger in size for commercial and industrial uses.

(b)

Creating cemetery lots.

(c)

Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary.

(d)

Resulting from acquisition by governmental agencies for public improvements or uses.

(C.F. No. 95-794, § 1, 8-9-95; C.F. No. 03-1028, § 1, 4-7-04)

(a)

All subdivisions shall be subject to the regulations set forth in this chapter and subject to the approval or disapproval of the city.

(b)

No person shall subdivide land without first obtaining the city's approval as herein required.

(c)

No person shall convey any land without first obtaining the required subdivision approval.

(d)

No person shall obtain a building permit until the preliminary plat for the required subdivision has been approved.

(C.F. No. 03-1028, § 1, 4-7-04)

A plat shall be required when a subdivision:

(1)

Creates five (5) or more lots or parcels each of which is two and one-half (2½) acres or less in size; or

(2)

Requires paved streets, alleys and other public improvements or services; or

(3)

Is previously unplatted land.

(C.F. No. 03-1028, § 1, 4-7-04)

Platting shall not be required when the subdivision constitutes a lot split or adjustment of common boundaries as defined in section 69.200.

(C.F. No. 95-794, § 2, 8-9-95; C.F. No. 03-1028, § 1, 4-7-04)

The procedures for obtaining approval for lot splits and adjustments of common boundaries are set forth herein.

(C.F. No. 95-794, § 2, 8-9-95; C.F. No. 03-1028, § 1, 4-7-04)

Lot splits and adjustments of common boundaries are permitted without platting, provided the following conditions are met:

(1)

The lot or lots have frontage on an existing improved street (except for back lots) and access to municipal services. For back lots, an easement for pedestrian and municipal services access and house number visibility must be provided as required under 69.508(j).

(2)

The lot or lots to be divided are previously platted land.

(3)

The lot or lots meet the minimum standards for lot width and area for the zoning district in which they are located.

(4)

The division of the lots shall not cause a remaining part of a lot to become a separately described tract which does not meet the minimum standards of the zoning district in which it is located or which does not have street frontage and access to municipal services.

(5)

The division does not result in a split zoning classification on a single lot.

(6)

The division does not result in the creation of a nonconforming structure or use.

(7)

No lot shall be created where the building pad area for the principal structure has an existing slope steeper than eighteen (18) percent or where a driveway steeper than twenty (20) percent is required to reach the building site. However, the planning administrator may approve the creation of a steeper lot, as an exception to this regulation, where the steeper lot is specifically consistent with a city-approved neighborhood plan or redevelopment project.

(C.F. No. 95-794, § 2, 8-9-95; C.F. No. 03-235, § 1, 4-16-03; C.F. No. 03-1028, § 1, 4-7-04; Ord 23-43, § 8, 10-18-23)

Application for approval for lot splits and adjustments of common boundaries shall be submitted to the planning administrator on forms furnished by the planning division and shall include six (6) copies of a certificate of survey drawn to an engineer's scale with the new lots and new legal descriptions including:

(1)

Scale and north direction.

(2)

Dimensions of the property.

(3)

Names and location of adjacent streets.

(4)

Locations of existing buildings on and within twenty-five (25) feet of the subject property.

(5)

Other information may be required, such as a grading plan or contour map, to fully represent the intent of the lot split or to determine if the lot split meets the intent and requirements of this chapter.

(C.F. No. 95-794, § 2, 8-9-95; C.F. No. 03-1028, § 1, 4-7-04)

(a)

The planning administrator shall have the authority to approve those lot splits and adjustments of common boundaries which meet all of the required conditions in section 69.304. In approving lot splits and adjustments of common boundaries, the planning administrator shall review the application for compliance with section 69.304 and cause the application to be reviewed by the public works department and other affected city departments, if appropriate, and shall notify the applicant of any required modifications. When all conditions are met and modifications made, the planning administrator shall stamp the survey as approved. Such surveys and legal descriptions shall then be recorded. In instances where a variance from one (1) or more of the conditions for a lot split or adjustment of common boundary is needed, the planning administrator shall not approve it until a variance from the board of zoning appeals is granted.

(b)

Where condition (3), (6) or (7) of section 69.304 is not met, the board of zoning appeals shall hold a public hearing to consider the variance from the required condition. The hearing shall be held in accordance with the provisions of sections 64.201 through 64.209 of this Code which give the board of zoning appeals the power to grant variances from the strict enforcement of the Code upon making the required findings of section 64.203.

(c)

If a proposed lot split creates a new property line that bisects a building or other structure, a common wall agreement shall be filed on the deeds for both new parcels. This provision is intended to satisfy all of the zoning requirements for setbacks in lieu of a variance, but does not supersede any building code requirements resulting from the proposed lot split.

(d)

A notice of decision shall be provided by United States Mail to all record owners of adjoining property as listed on the property tax records in the Office of the Ramsey County Recorder. This notice shall be provided on the same date that any preliminary or final decision regarding a lot split or adjustment of common boundary application is provided to the applicant.

(C.F. No. 95-794, § 2, 8-9-95; C.F. No. 03-235, § 1, 4-16-03; C.F. No. 03-1028, § 1, 4-7-04; Ord 15-32, § 1, 7-22-15)

Applications for approval of all proposed subdivisions and plats shall be filed in the office of the planning administrator. The planning administrator shall prescribe the forms to be used, and the city council, by resolution, shall establish fees for said application.

(C.F. No. 03-1028, § 1, 4-7-04)

(a)

Request. Any subdivider may request a preapplication conference with the office of planning administration for the purpose of determining if the proposed plat complies with requirements of this chapter. In no case shall preapplication constitute formal application for a subdivision plat.

(b)

Preapplication requirements. Subdividers shall submit the following to the planning administrator for the purposes of preapplication:

(1)

A site location map showing the relationship of the proposed subdivision to existing community facilities; these shall include, but not be limited to, major streets, schools, commercial centers and other significant developments.

(2)

A sketch plan of the proposed subdivision including:

a.

Tract boundaries.

b.

North point and scale.

c.

Streets within and adjacent to the tract.

d.

Significant topographical and physical features.

e.

General street design within the subdivision.

f.

General lot size and orientation within the subdivision.

(3)

A general statement of proposed development of the subdivision.

(C.F. No. 03-1028, § 1, 4-7-04)

Application for subdivision includes two (2) reviews and approvals: preliminary and final. Applications shall include the information hereinafter required unless specifically waived in writing by the planning administrator.

(C.F. No. 03-1028, § 1, 4-7-04)

(a)

Application requirements. The preliminary plat shall be drawn at a minimum scale of 1″ = 100′ and shall contain or have attached the following information. The plat shall be prepared by a registered surveyor.

(b)

Identification and description:

(1)

Proposed name of subdivision.

(2)

A written description of the location by section, town, range, plat, registered land survey or by other legal description.

(3)

Graphic scale.

(4)

North point.

(5)

Date of preparation.

(c)

Existing conditions:

(1)

Boundary line of the parcel.

(2)

Present zoning classification.

(3)

Total area.

(4)

Within the parcel and to a distance of one hundred (100) feet beyond the boundary the following: all existing or previously platted streets, alleys or other public ways, showing the type and condition of any improvements; easements, utility rights-of-way, parks or other public facilities; permanent buildings or structures; section and municipal lines.

(5)

Boundary lines and ownership of abutting land within one hundred (100) feet of the parcel.

(6)

Ground vertical contour intervals of the parcel expressed in city datum at intervals of at least two (2) feet; slopes of twelve (12) percent or greater.

(7)

Marshes, wooded areas, rock outcrops, power transmission poles and lines and other significant features.

(d)

Subdivision design:

(1)

Location, width, length and name of proposed streets.

(2)

Location and widths of proposed alleys, pedestrian ways and utility easements.

(3)

Centerline gradients of proposed streets and alleys.

(4)

Layout, numbers and preliminary dimensions of lots and blocks.

(5)

Minimum front and side street building setback lines.

(6)

Size and location of areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use.

(7)

Location of required street trees.

(8)

In the "T" Tree Preservation District, a tree preservation plan. The intent of the tree preservation plan shall be to document and preserve, to the greatest extent possible, existing trees, shrubs and other vegetative cover, as well as to indicate the type and location of new landscaping. A tree preservation plan shall be submitted and approved as required in section 60.783.

(9)

In Highwood, a topographical map.

(e)

Other information:

(1)

Statement of the proposed use lots, including residential building types and number of dwelling units and types of business or industrial use.

(2)

Proposed protective covenants or homeowners' association rules.

(3)

Provisions for sewage disposal, drainage and flood control.

(4)

Proposed zoning plan for the area, including dimensions, if any zoning changes are contemplated.

(Ord. No. 17890, § 2, 11-21-91; C.F. No. 03-1028, § 1, 4-7-04)

(a)

Applications for formal approval of the subdivision shall be submitted to the planning administrator. Applications shall include the required fee, ten (10) copies of the proposed subdivision plat plan, and evidence of ownership of the property to be subdivided.

(b)

The planning administrator shall cause the proposed subdivision to be reviewed by the public works department and other affected city departments and shall notify the applicant of any required modifications requested. The proposed subdivision shall be reviewed to determine whether it complies with these subdivision regulations, the zoning code, comprehensive plan and official maps, if any.

(c)

Within forty-five (45) days of filing the application, the planning administrator shall forward it to the city council together with recommendations for modification, approval or disapproval thereof.

(d)

A public hearing shall be had before the city council as soon as practicable after receipt of the recommendations. Published notice in the official newspaper and mailed notice to the applicant and property owners within three hundred fifty (350) feet of the proposed subdivision shall be provided at least ten (10) days before the hearing. The city council shall either approve or disapprove the application for preliminary plat within one hundred twenty (120) days following the date of filing the application with the planning administrator unless an extension of the review period is agreed to by the applicant.

(e)

Determination of the city council shall be by resolution. Approval shall not constitute acceptance of the subdivision by the city, but shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final subdivision plat. If the preliminary plat is not approved, the reasons for such action shall be recorded in the proceedings of the council and transmitted to the subdivider.

(f)

Effect of preliminary plat approval. For a period of one (1) year following preliminary approval, unless the city and the subdivider agree otherwise, no change in the comprehensive plan or other official controls shall affect the use, density, lot sizes, lots, layout, dedication or platting required or permitted by the approved application.

(C.F. No. 95-794, § 3, 8-9-95; C.F. No. 03-1028, § 1, 4-7-04)

(a)

Application for approval. Within one year following approval of the preliminary plat, the subdivider shall apply for approval of the final plat.

(b)

Application requirements. The final plat shall contain all modifications as they may have been recommended during preliminary plat review as well as the following:

(1)

Survey, content of plats, and boundary data in the manner prescribed by Section 505.02, Minnesota Statutes, as amended from time to time.

(2)

Certification of dedication by the land owners and surveyor's certification as required in Section 505.03, Minnesota Statutes, as amended from time to time.

(C.F. No. 03-1028, § 1, 4-7-04)

(a)

Applications for formal approval of the final subdivision plat shall be submitted to the planning administrator together with the required fee and ten copies of the final plat.

(b)

The planning administrator shall cause the proposed subdivision to be reviewed by the public works department and other affected city departments and shall notify the applicant of any required modifications. The proposed subdivision shall be reviewed to determine whether it complies with these subdivision regulations, the zoning code, comprehensive plan, official maps, if any, and conditions and requirements stipulated in the preliminary approval.

(c)

Within thirty (30) days of filing the application, the planning administrator shall forward it to the city council together with recommendations for approval or disapproval thereof.

(d)

The city council shall either approve or disapprove the application within sixty (60) days following the date of filing of the application with the planning administrator unless an extension of the review period is agreed to by the applicant.

(e)

Determination of the city council shall be by resolution. Approved subdivisions shall be assigned a number by the city clerk and shall be filed by the applicant with the county recorder or registrar of titles within sixty (60) days of the adoption of the council resolution. A recorded copy of the subdivision shall be forwarded to the public works department by the county. Copies may be furnished by the public works department to the water utility, gas, electric and telephone companies.

(f)

For a period of two (2) years following final approval, unless the city and the subdivider agree otherwise, no change in the comprehensive plan or official control shall affect the use, density, lot sizes, lot layout, dedication or platting required or permitted by the approved application.

(C.F. No. 95-794, § 3, 8-9-95; C.F. No. 03-1028, § 1, 4-7-04)

A subdivider may choose to combine the preliminary and final approvals of a subdivision. In such cases, the following procedure shall apply:

(1)

Application for the preliminary plat shall be submitted together with the required fee, ten (10) copies of the proposed subdivision plat plan, and evidence of ownership of the property to be subdivided.

(2)

The planning administrator shall cause the proposed subdivision to be reviewed by the public works department and other affected city departments and shall notify the applicant of any required modifications. The proposed subdivision shall be reviewed to determine whether it complies with these subdivision regulations, the zoning code, comprehensive plan and official maps, if any.

(3)

Within thirty (30) days of filing the preliminary plat, the planning administrator shall notify the applicant that the preliminary plat has been approved or denied. If all city departments approve the preliminary plat, the subdivider shall submit the final plat for approval.

(4)

Within thirty (30) days of filing the application for final plat approval, the planning administrator shall forward it to the city council together with recommendations for approval or disapproval thereof.

(5)

A public hearing shall be had before the city council as soon as practicable after receipt of the recommendations. Published notice in the official newspaper and mailed notice to property owners within three hundred fifty (350) feet shall be provided at least ten (10) days before the hearing, and ten-day notice thereof, together with a copy of the recommendations, shall be mailed to the applicant. The council shall either approve or disapprove the application within one hundred twenty (120) days following the date of filing of the application with the planning administrator unless an extension of the review period is agreed to by the applicant.

(6)

Determinations of the city council shall be by resolution. Approved subdivisions shall be assigned a number by the city clerk and shall be filed by the applicant with the county recorder or registrar of titles within sixty (60) days of the adoption of the council resolution. A recorded copy of the subdivision shall be forwarded to the public works department by the county. Copies may be furnished by the public works department to the water utility, gas, electric and telephone companies.

(C.F. No. 95-794, § 3, 8-9-95; C.F. No. 03-1028, § 1, 4-7-04)

(a)

Subdivision review criteria. The city council, in the review of subdivision requests and in the application of this chapter shall take into consideration the requirements of the city and the best use of the land being subdivided. Particular attention shall be given to the width and location of streets, sidewalks, suitable sanitary utilities, surface drainage, lot sizes and arrangements, as well as requirements such as parks and playgrounds, schools and recreation sites and other public uses. All of the following findings shall be made prior to the approval of a subdivision or a lot split:

(1)

All the applicable provisions of the Legislative Code are complied with;

(2)

The proposed subdivision will not be detrimental to the present and potential surrounding land uses;

(3)

The area surrounding the subdivision can be planned and developed in coordination and compatibility with the proposed subdivision;

(4)

The subdivision is in conformance with the comprehensive plan;

(5)

The subdivision preserves and incorporates the site's important existing natural features, whenever possible. In particular, no lot shall be created where the building pad area for the principal structure has an existing slope steeper than eighteen (18) percent or where a driveway steeper than twenty (20) percent is required to reach the building site. However, the council may approve a subdivision that creates a steeper lot, as an exception to this regulation and without a variance, where the steeper lot is specifically consistent with a city-approved neighborhood plan or redevelopment project.

(6)

All land intended for building sites can be used safely without endangering the residents by peril from floods, erosion, continuously high water table, severe soil conditions or other menace; and

(7)

The subdivision can be economically served with public facilities and services.

(b)

Delegation of planning commission review. The planning commission may, by general rule, delegate to the planning administrator its power to review and approve such matters and cases.

(C.F. No. 03-235, § 1, 4-16-03; C.F. No. 03-1028, § 1, 4-7-04)

(a)

Subdividers shall use these general requirements and design standards in developing new subdivisions. In cases where an official map exists, that map shall supersede these standards. Unless otherwise stated, the director of public works shall have the authority to modify these standards for reasons of design or safety; such reasons shall be in writing and attached to the plat.

(b)

These standards shall be considered minimum requirements and shall be waived by the city council only under circumstances set forth in Section 69.703.

(C.F. No. 03-1028, § 1, 4-7-04)

(a)

Standards. Streets shall conform to the comprehensive plan and the official map, if any. No new residential subdivision shall be created without provision for streets which meet these requirements and design standards. In cases of commercial/industrial subdivisions, the director of public works may require different standards.

(b)

Alignment. All streets should connect with or terminate at other streets to the extent possible. Cul-de-sac streets are discouraged except where traffic safety or physical site constraints make them necessary. New streets shall provide for the continuation of existing streets of adjoining subdivisions and for projection of streets into adjoining properties which are not yet subdivided.

Local streets shall discourage use by through traffic. Where a subdivision abuts or contains an existing or proposed minor arterial, the planning administrator may require marginal access streets reverse frontage lots which contain screen planting in a nonaccess reservation along the rear property line, deep lots with rear service alleys or such other treatment as may be necessary for adequate protection of residential properties and the separation of through and local traffic.

(c)

Width. Except in the Highwood area (as defined in Section 69.200), all right-of-way widths and roadway widths shall conform to the following minimum dimensions unless modified by the director of public works:

In Highwood, local streets created after the effective date of this ordinance [Ordinance No. 17890] shall have a minimum roadway width of twenty-four (24) feet and minimum right-of-way width of fifty (50) feet. When existing local streets that were less than twenty-four (24) feet wide as of October, 1990, are disturbed for installation of city services or resurfacing, they shall be rebuilt at their original widths, as reported to the director of public works by the Highwood Task Force in October, 1990, (Appendix A), unless a wider street is requested by petition of abutting property owners. Because of narrower streets, on-street parking may be restricted to ensure adequate width for emergency vehicle access.

(d)

Deflections. When the centerline of connecting streets or the centerline of a single street deflect from each other at any one point by more than five (5) degrees, they shall be connected by a curve with a radius appropriate to the design speed of the street; such radius shall be approved by the director of public works.

(e)

Grades. All centerline gradients shall be at least one-half of one percent (0.5%) and shall not exceed the following:

(f)

Intersections:

(1)

Jog: Street intersections with centerline offsets of less than twenty-five (25) feet shall require prior approval by the director of public works.

(2)

Angle: In general, all streets shall join each other so that, for a distance of one hundred (100) feet, the street is approximately at right angles to the street it joins. In no case shall any street intersect any other street at an angle of less than eighty (80) degrees.

(3)

Size: Intersections of more than four (4) corners shall be prohibited.

(g)

Cul-de-sacs. Cul-de-sacs shall not exceed six hundred (600) feet in length and shall terminate in a circular turnaround having a minimum right-of-way radius of fifty (50) feet and a roadway radius of forty (40) feet.

(h)

Industrial and commercial streets. The director of public works shall establish different requirements and standards for commercial and industrial streets.

(i)

Street names. Street names shall be subject to the approval of the city council. No street names shall be used which will duplicate or be confused with, either phonetically or by spelling names of existing streets. The name of an extension or continuation of an existing street shall be the same as that of the existing street. Generally, no street should change direction by more than ninety (90) degrees without a change in street name.

(Ord. No. 17890, § 3, 11-21-91; C.F. No. 03-1028, § 1, 4-7-04)

(a)

Required. Alleys shall be provided where topography renders driveways from the street to service or off-street parking areas impractical, where limited access streets prohibit driveways to off-street parking and service areas, and in a T3 or T4 district where alleys are designed as part of an interconnected street network in an approved master plan.

(b)

Width. All alley right-of-way widths shall conform to the following minimum standards.

(c)

Layout. Alley intersections and sharp changes of alignment shall be avoided, but, where such are unavoidable, corners shall be cut with sufficient radius to permit safe and easy vehicular movement.

Generally, dead-end alleys shall be prohibited, but, where unavoidable, shall be provided with adequate turnaround facilities as may be determined by the director of public works.

(C.F. No. 03-1028, § 1, 4-7-04; Ord. No. 11-27, § 1, 4-20-11)

(a)

Location. Unless waived, all utility facilities, including, but not limited to, gas, electric power, telephone and CATV cables, shall be located underground and within the street or alley right-of-way.

(b)

Service connections. Underground service connections to the street property line of each platted lot shall be installed at the subdivider's expense. At the discretion of the city council, the requirements for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use.

(c)

Easements:

(1)

Easements centered on rear lot lines shall be provided for utilities (private and municipal); such easements shall be at least ten (10) feet wide. Proper coordination shall be established between the subdivider and the applicable utility companies regarding the width and the establishment of utility easements established on adjoining properties.

(2)

Where topography makes impractical the inclusion of utilities within street or alley rights-of-ways, utility easements at least five (5) feet in width or as approved by the director of public works shall be provided on rear lot lines. Where topography also makes impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements of at least five (5) feet in width shall be provided along side lot lines with satisfactory access to the road or rear lot lines. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be indicated on the plat and shall be cleared and graded where required.

(C.F. No. 03-1028, § 1, 4-7-04)

(a)

Separate systems. The planning commission shall not recommend for approval any plat of subdivision which does not make adequate provision for storm or surface water runoff. The stormwater drainage system shall be separate and independent of any sanitary sewer system.

(b)

General requirements. Each subdivision will be required by the planning commission to provide stormwater management for all storms up to and including the one hundred-year storm, as defined by the director of public works. The applicant shall control the peak stormwater discharge rates from the site to less than one and sixty-four one hundredths (1.64) cubic feet per second per acre.

Furthermore, the applicant must provide an adequate outlet for any spring or surface water that may exit either previous to or as a result of the subdivision.

All plans shall be designed in accordance with the rules, regulations and standards of the director of public works. Facilities intended to be dedicated to the city shall be located in the street right-of-way where feasible and otherwise shall be located in perpetual, unobstructed easements of a width to be determined by the director of public works.

(c)

Accessibility to public storm sewers:

(1)

Where a public storm sewer is accessible, the applicant shall install all necessary storm sewers within the subdivision and connecting to the public storm sewer. Where no public storm sewer is available, adequate provision shall be made for the disposal of stormwater as specified by the director of public works.

Subdivisions in business and industrial districts shall have underground storm and clearwater sewer systems constructed throughout, and these systems shall be connected to an approved public sewer, drainage way or outfall where available.

(2)

If a connection to a public storm sewer will be provided eventually, as determined by the director of public works and the planning commission, the developer shall make arrangements for future stormwater disposal by a public utility system at the time the plat receives final approval.

(d)

Accommodation of upstream drainage areas. Adequate provisions shall be made to accommodate potential runoff from the entire upstream drainage area. The director of public works shall determine the necessary size of the facility, based on the provisions of the development standards and specifications assuming conditions of maximum potential watershed development permitted by the zoning code.

(e)

Effect on downstream drainage areas. The director of public works shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Local government drainage studies together with such other studies as shall be appropriate shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the planning commission may withhold approval of the subdivision until provision has been made for the improvement of said potential condition in such sum as the planning commission shall determine. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.

(f)

Areas of poor drainage. A plat for an area which is subject to flooding may be approved by the planning commission, provided, that:

(1)

Sufficient fill be placed so that minimum street and lot elevations are at least twelve (12) inches above the elevation of the maximum probable flood as determined by the director of public works.

(2)

Any filling in this area would not cause increased flooding of other areas.

(3)

An overflow zone is provided along any stream or watercourse which is sufficiently wide to contain or move the maximum probable flood, as determined by the director of public works.

(4)

No structure or fill be placed in the overflow zone.

(5)

For all subdivisions in the RC-1 Floodway District and RC-2 Flood Fringe District:

a.

The subdivision and the individual lots shall have road access no lower than two (2) feet below the regulation flood protection elevation.

b.

The floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and documents.

c.

The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area for certain structures properly elevated on fill above the 100-year flood elevations. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multistructure or multilot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

(g)

Stormwater detention ponds.

(1)

Drainage criteria: The subdivider shall provide for stormwater detention in compliance with the following standards:

a.

Drainage from any site being developed or extensively redeveloped with drainage to the public sewer or public right-of-way shall be controlled in accordance with best management practices to comply with required local and regional water quality, volume, and rate control standards. These standards include but are not limited to chapter 52, stormwater runoff.

b.

Where feasible, the drainage system shall be designed so that all stormwater runoff and surface water from the site shall discharge in a manner so as to preclude drainage of water onto the adjacent properties.

c.

Reserved.

(2)

Dedication of Land: The planning commission shall require that land be reserved for stormwater detention ponds in locations designated in the comprehensive plan or as designated by the director of public works such that their use will prevent erosion or substantially reduce the costs of the stormwater disposal system. Each reservation shall be of suitable size, dimension, topography, and general character and shall have adequate access for public maintenance. The area shall be shown and marked on the plat, "Reserved for Stormwater Detention Pond Purposes." The developer shall dedicate all such ponding areas to the city as a condition of final subdivision plat approval. Where the required ponding area, as designated in the comprehensive plan or as designated by the director of public works, has a value in excess of seven (7) percent of the market value of the subdivision lands as determined by the city valuation engineer, it shall be offered to the city for purchase; the city shall be given a reasonable time to respond.

(3)

Money in lieu of land: In the event that a particular subdivision does not contain a stormwater detention pond, as designated in the comprehensive plan, on the official map or by the director of public works, the planning commission shall require, prior to final approval of the subdivision plat, that the applicant deposit with the city a cash payment in lieu of land reservation. Such deposit shall be placed in a stormwater detention pond fund to be established by the city. Such deposit shall be used by the city for improvements to, or maintenance of, existing ponds or acquisition of property. Such deposit must be used for facilities that will be actually available to and benefit the persons in said subdivision and be located in the general neighborhood of the subdivision. The amount deposited shall be seven (7) percent of the market value of the subdivision lands at the time of the subdivision application, as determined by the city valuations engineer.

(C.F. No. 91-531, § 35, 5-6-93; C.F. No. 93-1718, § 116, 12-14-93; C.F. No. 03-1028, § 1, 4-7-04; Ord 23-16, § 4, 4-12-23)

(a)

General requirements:

(1)

The applicant shall install water main facilities in a manner prescribed by the water utility. All plans shall be designed in accordance with the rules, regulations and standards of the water utility, health department and other appropriate agencies. Plans shall be approved by the above agencies.

(2)

Where public water mains are not available for extension, action shall be taken by the applicant to create a water supply district for the purpose of providing a water supply system capable of providing domestic water use and fire protection.

(3)

Looped water mains shall be required unless specifically varied by the water utility and fire department.

(b)

Locations with water mains available. Water mains facilities shall connect with the public water main facilities. Water mains shall be installed to serve each lot and to grades and sizes required by approving officials and agencies. To eliminate future street openings, all underground water facilities shall be installed before any final paving of a street shown on the subdivision plat. Fire hydrants shall be located at each intersection and no more than six hundred (600) feet apart and shall be approved by the applicable protection unit. Water main facilities shall be subject to the specifications, rules, regulations and guidelines of the water utility.

(c)

Locations with no available water mains:

(1)

Action shall be taken by the applicant to create a water supply district for the purpose of providing a water supply system capable of providing domestic water use and fire protection.

(2)

In single-family zoning districts, if the planning commission determines that a public water main is not available, individual wells may be used or a central water system provided in such a manner that an adequate supply of potable water will be available to every lot in the subdivision. Water samples shall be submitted to the health department for its approval, and individual wells and central water systems shall be approved by the appropriate health authorities. Orders of approval shall be submitted to the planning commission.

(3)

If the planning commission requires that a connection to a public water main eventually be provided as a condition to approval of an individual well or central water system, the applicant shall make arrangements for future water service at the time the plat receives final approval. Performance or cash bonds may be required to insure compliance.

(d)

Mandatory connection to public water mains. Except in the R-LL District, if a public water main is placed in a street abutting upon developed property, the owner thereof shall be required to connect the development to the public water main within three (3) years.

(e)

Provision of water facilities in the R-LL District. In the R-LL District, existing individual wells or central water systems shall be permitted to continue, in accordance with applicable city, county and state requirements. New individual wells or central water systems shall be permitted, in accordance with applicable city, county and state requirements, except if a public water main is in place. If a public water main is in place prior to development, new development shall connect to it. If a public water main is placed in a street abutting upon developed property with an existing individual well or central water system, the owner shall not be required to connect to the public water main.

(Ord. No. 17890, § 4, 11-21-91; C.F. No. 03-1028, § 1, 4-7-04)

(a)

General requirements. The applicant shall install sanitary sewer facilities in a manner prescribed by the director of public works. All plans shall be designed in accordance with the rules, regulations and standards of the director of public works, health department and other appropriate agencies. Plans shall be approved by the director of public works. Sanitary sewer extension permits must be obtained from the metropolitan waste control commission and the Minnesota Pollution Control Agency prior to commencement of the work.

(b)

Locations with sewers available. Sanitary sewerage facilities shall connect with public sanitary sewerage systems. Sewers shall be installed to serve each lot and to grades and sizes required by approving officials and agencies. No individual disposal system or treatment plants (private or group disposal systems) shall be permitted. Sanitary sewerage facilities (including the installation of laterals in the right-of-way) shall be subject to the specifications, rules, regulations and guidelines of the health officer, public works department, MWCC and MPCA.

(c)

Locations with no available sewers. Where public sanitary sewerage systems are not reasonably accessible but will become available, subdivision of land shall not be allowed until sewers are available.

Where public sanitary sewer service cannot reasonably be provided, the director of public works may authorize an on-site disposal system. Such on-site disposal system shall be subject to the rules, regulations and standards of the director of public works.

(d)

Mandatory connection to public sewer system. Except in the R-LL District, if a public sanitary sewer is accessible and a sanitary sewer is placed in a street or alley abutting upon developed property, the owner thereof shall be required to connect to said sewer within two (2) years.

(e)

Provision of sewerage facilities in the R-LL District. In the R-LL District, existing individual sewage treatment systems shall be permitted to continue in accordance with applicable city, county and state requirements. New individual sewage treatment systems shall be permitted in accordance with applicable city, county and state requirements, except if public sewer is available. If public sewer is available prior to development, new development shall connect to it. If public sewer is placed in a street or alley abutting developed property with an individual sewage treatment system, the owner shall not be required to connect to the public sewer system.

(Ord. No. 17890, § 5, 11-21-91; C.F. No. 03-1028, § 1, 4-7-04)

(a)

Block width. Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets railroads or topographic barriers.

(b)

Block length. The lengths, widths and shapes of blocks shall be as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas shall not exceed one thousand (1000) feet.

(c)

Crosswalks. Pedestrianways or crosswalks, not less than eight (8) feet wide, may be required by the city council through the center of blocks more than eight hundred (800) feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation or other community facilities.

(d)

Industrial blocks. Blocks designed for industrial uses shall be of such length and width as may be determined suitable by the planning commission for prospective use.

(C.F. No. 03-1028, § 1, 4-7-04)

(a)

Street frontage. All lots designated for residential use must adjoin a street except for back lots and developments that have individually described lots for each dwelling structure and a common lot for open space, yards and off-street parking, in which case the common lot must adjoin a street.

(b)

Alley frontage. All interior lots designated for residential use must adjoin an alley when available.

(c)

Through lots. Through lots must be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.

(d)

Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits and in providing driveway access to buildings on such lots from an approved street.

(e)

Lots on slopes. Newly created lots must allow for a minimum setback for development of forty (40) feet from the top of bluff lines as defined by the comprehensive plan. Lot arrangement shall avoid, wherever possible, the placement of structures on eighteen (18) percent slope or steeper, or the necessity to alter such slopes for purposes of construction.

(f)

Solar access. In subdivisions of ten (10) acres or larger, lots must be platted in a north-south orientation to maximize solar access.

(g)

Lot access.

(1)

Street access. Lots must not, in general, derive access exclusively from an arterial or collector roadway. The number of curb cuts must be minimized and where driveway access from a major or secondary street may be necessary for several adjoining lots it is generally required that such lots be served by a combined access drive in order to limit possibility of traffic hazard and limit curb cuts on such street. Except where it is determined impractical, unreasonable, or harmful to the public safety by the zoning administrator, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on arterial and collector streets.

(2)

Alley access. Vehicular access may be from an abutting alley when available, except where it is determined in the review of a site plan application by the zoning administrator that there are circumstances unique to the property that make this impractical, unreasonable, harmful to the public safety; or where maintenance of alley surfaces, erosion control, or protection of water quality may be impaired.

(h)

Lot dimensions. Lot dimensions shall comply with the minimum standards of the zoning code. Where lots are more than double the minimum required area for the zoning district, the city council may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with the zoning code and these regulations.

(i)

Flag lot width. Lot widths must conform to the minimum lot standards of the zoning district with the following additional standards:

(1)

For flag lots, the width of the narrow corridor that provides street access must be a minimum of twenty (20) feet. As part of subdivision review, the minimum width may be increased or reduced further based on easement requirements related to emergency access, utilities, steep slopes or other site conditions as approved by the City.

(2)

For reverse flag lots, the width of the narrow corridor that provides alley access must be a minimum of twelve (12) feet.

(j)

Easements.

(1)

For back lots, an easement that is a minimum of twenty (20) feet wide across a single adjoining lot must be provided for pedestrian, water, sanitary sewer, and gas line connections to the nearest public street and for house numbers that can be clearly seen and read from the public street. As part of subdivision review, the minimum width may be increased or reduced further based on city and other applicable regulatory requirements related to emergency access, utilities, steep slopes or other site conditions and constraints. An easement reflecting all utilities, reciprocal pedestrian and vehicular access for pedestrians and any vehicles, and shared maintenance responsibilities must address regulatory requirements and be the responsibility of developer to record prior to receiving a certificate of occupancy or building permit.

(2)

For flag lots, an easement across the narrow corridor that provides street access may be required for shared vehicular access with the adjoining lot. If shared vehicular access is used, an easement reflecting reciprocal vehicular access and shared maintenance responsibilities is the responsibility of developer to record prior to receiving a certificate of occupancy or building permit.

(k)

Side lot lines. Side lot lines generally must be at right angles to or radial to street lines.

(l)

Split zoning. Lots must not be created which result in split zoning classifications.

(C.F. No. 03-1028, § 1, 4-7-04; Ord 23-43, § 8, 10-18-23)

(a)

Generally. Existing natural features, such as trees, significant slopes and similar irreplaceable assets, shall be preserved in the design of the subdivision. No change of grade of the land shall be effected until approval of the preliminary plat.

(b)

Trees. Shade trees shall be planted by the subdivider in accordance with section 69.600.

(c)

Slopes. Lots with slopes of twelve (12) percent or greater shall undergo site plan review prior to approval of a preliminary plat.

(C.F. No. 03-1028, § 1, 4-7-04)

No land in the flood plain shall be subdivided which is unsuitable for the intended use because of flooding or inadequate drainage, water supply or sewage treatment facilities. Water and sewage treatment facilities shall comply with the provisions of chapter 68, river corridor overlay districts, and road access both to the subdivision and to the individual building sites shall be no lower than two (2) feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the floodway and flood fringe boundaries, the regulatory flood protection elevation, the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.

(C.F. No. 03-1028, § 1, 4-7-04)

(a)

Parkland dedication requirements. Pursuant to Minn. Stats. § 462.358, Subd. 2, as amended and as otherwise provided below, for platting of land for residential, commercial, or industrial development, a reasonable portion of the buildable land may be required to be dedicated or conveyed to the city on a one-time basis, prior to or at the same time as recording the final plat, for public use for parks, playgrounds, recreation facilities, trails, wetlands, or open space needed as a result of the plat, to a maximum of nine (9) percent of the total acreage of new lots that are being created for new residential or mixed-use development and to a maximum of four (4) percent of the total acreage of new lots that are being created for new commercial or industrial development. Land so dedicated shall be within the plat and/or, subject to agreement by the city council and the subdividers, in close proximity to the plat.

The city council shall determine the amount, location, and configuration of any land dedicated, taking into consideration the suitability and adaptability of the land for its intended purpose, future needs of the proposed development, and the following criteria:

(1)

The parkland standards in section 63.702 for future development of the plat, and whether the development will be under-served by parks due to distance to existing parks, population density, or inadequate size of existing nearby parks;

(2)

Conformance with the city's adopted comprehensive plan and development or project plans for sub-areas of the city, and areas identified for park or open space in an adopted city, regional, state, or national plan;

(3)

Areas that connect existing components of the open space network;

(4)

Areas adjacent to existing public parks, trails, or open space;

(5)

Areas representing significant landforms, native plant communities, sensitive habitat, or historical events;

(6)

Areas containing vegetation identified as endangered or threatened, or that provide habitat for animals identified as endangered, threatened, or of special concern under 15 U.S.C. § 1531 et seq. or Minn. Stats. § 84.0895, and rules adopted under these respective laws;

(7)

Availability and commitment of resources, public and/or private, to develop, operate, and maintain the new park land;

(8)

Land to be dedicated shall be large enough for its intended purpose;

(9)

Land dedicated solely for roadway, stormwater retention, or utility purposes, or otherwise unsuitable for the purposes listed above, shall not be accepted;

(10)

Dedicated land shall be accessible to the public served unless the city council determines that the dedicated land is an environmentally or ecologically sensitive area for which public access would be detrimental.

(b)

One-time basis of parkland dedication requirements. Once parkland has been dedicated or conveyed to the city under this section to meet the needs for parkland created by the plat, there shall be no further parkland dedication requirement under section 63.701 at the time of building permits. If the property is later re-platted, or if a requirement for parkland dedication or a fee in lieu has previously been imposed at the time of building permits, the amount of parkland to be dedicated shall be based on the area of new lots and additional development for which parkland dedication or a fee in lieu has not previously been required. Residential/mixed-use projects having previously dedicated land or paid a fee in lieu of land at the time of platting prior to the effective date of this section shall be required to pay the parkland dedication fee at the time of building permits under section 63.701 less the prorated value of the land dedicated or the fee in lieu of land paid at the time of platting.

(c)

Parkland dedication option; private land maintained for public use. The city council may, at its discretion, waive all or a portion of the land dedication required under subdivision (a) of this section and enter into an agreement for the private development and/or maintenance of land for public use for parks, playgrounds, recreation facilities, wetlands, trails, or open space within the proposed plat, subject to the following conditions:

(1)

The land area or value of the land and improvements privately developed and maintained for public use for parks, playgrounds, trails, open space, or conservation purposes must at least equal that required under this ordinance.

(2)

Land, facilities, and improvements accepted under this provision shall be accessible to the public in a manner similar to public land.

(3)

The city council must find, after recommendation of the director of parks and recreation and the parks commission, that such land and improvements will serve the purposes listed in subdivision (a) of this section.

(4)

The city and the owners, subdividers, or developers of the land must have executed a parkland development agreement insuring that specified land shall be developed and maintained by the owners, subdividers, or developers, and any and all successors in interest thereof, of any type whatsoever, which includes, but is not limited to heirs and assigns, for the purposes listed in subdivision (a) of this section. The owners, subdividers, or developers must include a covenant running with the specified land indicating that the land to be developed and maintained for the purposes listed in subdivision (a) will revert to the city in the event of a failure to comply with this requirement. When a recordable covenant concerning the ownership, maintenance or use of private areas and facilities for parkland development is required, the covenant shall be submitted to the city for approval. Such covenant shall be recorded prior to or at the same time as the final plat when related to requirements under subdivision (a) of this section.

(d)

Parkland dedication; conveyance standards. Prior to dedication and conveyance of the required property to the city, the owners, subdividers or developers shall provide the city with an acceptable abstract of title or registered property abstract for all land dedicated for park purposes, evidencing good and marketable title without liens or encumbrances of any kind except those encumbrances which the city council has approved or required in connection with the proposed plat. The foregoing abstracts shall otherwise evidence good and marketable title free and clear of any mortgages, liens, encumbrances, assessments and taxes. For any dedication of land required under subdivision (a) of this section that is not formally dedicated to the city with the final plat, the landowner shall record all deeds for conveyance of the property to the city prior to or at the same time as recording the final plat.

(C.F. No. 06-1047, § 1, 3-28-07; Ord 15-27, § 3, 8-26-15)

Where a proposed park, playground, school or other public site is wholly or partly within the boundary of a proposed subdivision and such proposed public site is not dedicated to the city, no action shall be taken towards approval of the preliminary plat for a period not to exceed ninety (90) days to allow the planning commission or board of education the opportunity to consider and to take action towards acquisition of such public site by purchase or other cause.

(C.F. No. 03-1028, § 1, 4-7-04; C.F. No. 06-1047, § 2, 3-28-07)

Editor's note— C.F. No. 06-1047, § 2, adopted March 28, 2007, amended the Code by renumbering former §§ 69.511 and 69.512 as new §§ 69.512 and 69.513.

(a)

All plats must show boundary references with distance and direction to at least two (2) existing government corners. Ramsey County Coordinates, North American Datum of 1983, must be shown on these existing government corners. Where it would cause undue hardship, City of Saint Paul second order control network monuments may be substituted in lieu of the two (2) existing corners. This option is to be determined by the chief surveyor of the City of Saint Paul, Department of Public Works.

(b)

Ramsey County Coordinates must be shown on all government corners controlling a plat boundary. These corners shall be referenced to the plat by distance and direction.

(c)

Monuments found in place from previous surveys that determine the new plat boundary must be shown and designated as "found," whether these monuments are actually a part of the new plat or not. These monuments must also be referenced to the new plat by distance and direction.

(d)

A note on the plat shall state the basis for the geographical orientation of the plat. An example of an acceptable form would: (1) assign a bearing to a specific line of the plat; (2) orient the bearing system to Grid North, Minnesota State Plane Coordinate System of 1983 South Zone; (3) orient the bearing system to Ramsey County Coordinates, North American Datum of 1983; and (4) assign a bearing to a specific section line. The statement "All bearings are on an assumed datum" shall not be used.

(e)

Plats showing elevations must be referenced to a durable bench mark described on the plat together with its location and elevation given in City of Saint Paul Datum or other acceptable datum as determined by the chief surveyor of the City of Saint Paul, Department of Public Works. Elevations shall be given to the nearest hundredth of a foot. The date of the elevation survey shall also be shown. If the bench mark is within the plat, its location shall be plotted by distance and direction and labeled.

(C.F. No. 93-1718, § 117, 12-14-93; C.F. No. 03-1028, § 1, 4-7-04; C.F. No. 06-1047, § 2, 3-28-07)

Note— See editor's note, § 69.512.

(a)

Generally. In instances where the subdivider owns all the property being served by the following listed improvements, and he petitions the city to construct the same, the subdivider will be charged the full cost of the improvement notwithstanding limitations contained in the city's assessment policy. In the event other properties, not owned by the subdivider, are served by the improvements, and if the city is petitioned to construct the same, the apportionment of costs, if required, will be determined by the City of Saint Paul. Prior to approval of the final plat by the city council, the subdivider must either have installed and dedicated to the city, or guaranteed to install in a manner set forth in section 69.500 et seq., and which meets the standards of the director of public works, the following improvements on the site. Exceptions to these requirements are allowed in the RL residential district; the nature of these exceptions are noted below.

(b)

Water facilities. Except in the RL residential district, public water service to be installed by the city. Such service must consist of adequate water facilities, including fire hydrants and laterals to the property line. In the RL residential district, where new private wells or central water systems are permitted and existing private systems are not required to connect to a public water main, public water service need not be provided.

(c)

Sewer facilities. Except in the RL residential district, public sanitary sewer service to be installed by the city. Such service must consist of adequate sanitary sewer facilities, including installation of laterals to the public right-of-way line. In the RL residential district, where new individual sewage treatment systems are permitted and existing systems are not required to connect to a public sewer system, public sewer facilities need not be provided.

(d)

Storm sewer. Storm sewer facilities not connected with street construction, to be installed by the city. The subdivider may install or may petition the city to install those storm sewer facilities that are connected with street construction (i.e., catch basins, leads to storm sewers).

(e)

Streets. Except in the RL residential district, paved public streets, including curb and gutter, for those streets proposed in an approved subdivision. The subdivider may install the improvements, or he may petition the city to install such improvements. In the RL residential district, new streets may be unpaved and existing unpaved streets is not be required to be paved.

(f)

Monuments. Durable iron monuments shall be set at all angle and curve points on the outside boundary lines of the plat, at all block and lot corners, and at all intermediate points on the block and lot lines indicating changes of direction in the lines, prior to the final recording of the plat.

(1)

A statement or note on the final plat shall identify the type, size of monument set and the license number of the responsible land surveyor. Monuments set should be of durable iron, no less than one-half inch in diameter and fourteen (14) inches in length.

(2)

The plat shall identify the type and size of monuments found and also identify by whom set if known or marked by a license number.

(g)

Street trees. Street trees having a trunk diameter of not less than two (2) inches measured two (2) feet above grade, shall be installed by the subdivider along all streets at intervals no greater than forty (40) feet and at least one (1) per lot, along with other landscape improvements, to help define the street edge, buffer pedestrians from vehicles, and provide shade. Existing trees which meet the standards of this section may be used to satisfy these requirements. Only honey locust, hard maple, green ash, ginkgo or other long-lived shade tree approved by the city forester shall be planted.

(h)

Street names and signs. Street signs at all intersections within or abutting the subdivision to be installed by the city. Street names shall be subject to the approval of the city council.

(i)

Street lights. Street lights meeting city standards and specifications shall be installed by the subdivider at all interior street intersections within an approved subdivision. Such lights shall also be installed on all interior streets within the subdivision at points designated by the director of public works and shall be no more than two hundred (200) feet apart.

(j)

Topsoil sodding and seeding. Redistribution of topsoil on the lot and boulevard, to be done by the subdivider. The subdivider shall seed or sod the disturbed boulevard areas.

(k)

Sidewalks. Public sidewalks along both sides of collector and arterial streets and in such other locations required by the city council. The subdivider may install such improvements or petition the city to install such improvements.

(Ord. No. 17890, § 6, 11-21-91; C.F. No. 93-1718, § 118, 12-14-93; C.F. No. 03-1028, § 1, 4-7-04; Ord 23-43, § 8, 10-18-23)

If the city council, upon the affirmative recommendation of the director of public works, determines that it is impractical for the subdivider or city to install any of the required improvements at the time of the lot split or subdivision because of unavailability of proper storm drainage, unreasonable segmentation of street or sidewalk construction or inability to install necessary utilities, the council may postpone the construction of such improvements until the conditions have been eliminated. In such case, the subdivider shall execute and deliver to the city an agreement for recording in the office of the county recorder for Ramsey County agreeing to be assessed for the costs of such improvements when constructed and waiving all rights to a hearing on the improvement and assessment. The agreement shall run with the land and be binding upon all successors in interest of the subdivider to the affected property. In such case, no bond or cash deposit will be for the postponed improvements.

(C.F. No. 03-1028, § 1, 4-7-04)

The subdivider shall comply with all public works procedures for site development and, in addition, where appropriate, with site plan review guarantees required by the planning division.

(C.F. No. 03-1028, § 1, 4-7-04)

All required improvements shall be completed within two (2) years from the date of approval of the final plat, except that the city council shall have the power to extend the time of completion for one (1) additional year where the subdivider can present substantial reasons for doing so.

(C.F. No. 03-1028, § 1, 4-7-04)

If any of the required improvements shall fail to be acceptable for dedication in compliance with section 69.605 within the allocated time period, either for reason of incompletion or for reason of substandard construction, the city council shall take the following action: Where improvements have been guaranteed under section 69.602, the preliminary plat approval shall be revoked and whatever security pledged as a guarantee shall be forfeited to the city. The city council shall use the security to finance the completion of the contracted improvements or the rebuilding of the improvements to the proper specifications. Unused parts of the security shall be returned to the subdivider or bonding company as appropriate.

(C.F. No. 03-1028, § 1, 4-7-04)

(a)

The director of public works shall inspect for defects of the improvements. Upon completion of the improvements, the director shall file with the city council a statement either certifying that the improvements have been completed in the specified manner or listing the defects in those improvements.

(b)

Upon completion of the improvements, the subdivider shall file with the city council a statement stipulating that all improvements are complete, are constructed in compliance with city standards, are free of defects, and are free and clear of any encumbrance or lien.

(c)

The subdivider shall also file with the city council an agreement dedicating the improvements to the city.

(C.F. No. 03-1028, § 1, 4-7-04)

(a)

In those cases where improvement guarantees have been made, the amount of the guarantee may be reduced upon acceptance, in compliance with section 69.605 above, of the dedication of a part of the improvements. The amount of the reduction shall not exceed the percentage which the improvements make up of all originally required improvements.

(b)

Upon acceptance of the dedication of the final part of the improvements, the city shall authorize the release of the remaining guarantees.

(C.F. No. 03-1028, § 1, 4-7-04)

A person conveying a new parcel of land which, or the plat for which, has not previously been filed or recorded, and which is part of or would constitute a new subdivision, shall attach to the instrument of conveyance either:

(1)

Recordable certification by the clerk of the municipality that the subdivision regulations do not apply, or that the subdivision has been approved by the governing body, or that the restrictions on the division of taxes and filing and recording have been waived by resolution of the governing body of the municipality in this case because compliance will create an unnecessary hardship and failure to comply will not interfere with the purpose of the regulations; or

(2)

A statement which names and identifies the location of the appropriate municipal offices and advises the grantee that municipal subdivision and zoning regulations may restrict the use or restrict or prohibit the development of the parcel, or construction on it, and that the division of taxes and the filing or recording of the conveyance may be prohibited without prior recordable certification of approval, nonapplicability or waiver from the municipality.

In any action commenced by a buyer of such parcel against the seller, the misrepresentation of or the failure to disclose material facts in accordance with this section shall be grounds for damages. If the buyer establishes his right to damages, a district court hearing the matter may in its discretion also award to the buyer an amount sufficient to pay all or part of the costs incurred in maintaining the action, including reasonable attorney fees, and an amount for punitive damages not exceeding five (5) percent of the purchase price of the land.

(C.F. No. 03-1028, § 1, 4-7-04)

State Law reference— Similar provisions, M.S. § 462.358(4a).

(a)

The owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall not transfer ownership of such parcel before a plat of said subdivision has been approved by the city council and has been filed with the county recorder or registrar of titles of Ramsey County, Minnesota.

(b)

The owner, or agent of the owner, of any parcel of land shall not divide any lot or parcel of land by the use of metes and bounds for the purpose of sale, transfer or lease with the intent of evading the provisions of this chapter. All such described divisions shall be subject to the requirements herein.

(c)

The previous provisions shall not apply to a conveyance of land that was a separate parcel of land of record on the date of the adoption of these regulations, or subject to a written agreement to convey entered into prior to such date, or a separate parcel of not less than two and one-half (2½) acres in area and one hundred fifty (150) feet in width on January 1, 1966, or was a separate parcel of not less than five (5) acres in area and three hundred (300) feet in width on July 1, 1980, or is a single parcel of commercial or industrial land of not less than five (5) acres and having a width of not less than three hundred (300) feet, and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one (1) of which is less than five (5) acres in area or three hundred (300) feet in width, or is a single parcel of residential or agricultural land of not less than twenty (20) acres and having a width of not less than five hundred (500) feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one (1) of which is less than twenty (20) acres or five hundred (500) feet in width.

(C.F. No. 03-1028, § 1, 4-7-04)

(a)

Required findings. The city council may grant a variance to the subdivision regulations when compliance would create an unusual hardship to the development of the land, based on findings that:

(1)

The intent of this chapter is met;

(2)

The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located;

(3)

The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are generally not applicable to other property;

(4)

The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district;

(5)

The special conditions and circumstances do not result from the actions of the applicant; and

(6)

Because of the particular natural surroundings, shape or topographical conditions of the specific property involved, unusual hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out.

(b)

Conditions of variance. The city council may require conditions for approving a variance that will substantially achieve the intent and requirements of these regulations. Violations of such conditions shall be deemed a violation of this chapter.

(c)

Procedure for a variance. An application for variance shall be submitted by the subdivider at the time the subdivision is filed with the planning administrator.

(d)

Exception. Lot splits and adjustments of common boundaries, as defined in section 69.200, which require a variance shall be exempt from the above described required findings. Variances for lot splits and adjustments of common boundaries shall be granted by the board of zoning appeals in accordance with the provisions of sections 64.201 through 64.209 of this Code which give the board of zoning appeals the power to grant variances from the strict enforcement of the Code upon making the required findings of section 64.203.

(C.F. No. 95-794, § 4, 8-9-95; C.F. No. 03-1028, § 1, 4-7-04)

Within a subdivision or planned unit development, alternative construction methods, design standards and required improvements may be recommended by the planning commission and approved by the city council if such methods, improvements and design features are proven to meet the intent of the regulations in this chapter or are required due to the physical features or the state of development of the property and its surrounding area.

(C.F. No. 03-1028, § 1, 4-7-04)

Registered land surveys shall not be used to avoid the requirements of these subdivision regulations. All registered land surveys which constitute a subdivision as defined in this chapter shall be subject to the provisions herein contained. All registered land surveys shall be prepared in conformance with state law.

(C.F. No. 03-1028, § 1, 4-7-04)

The city council may vacate any plat, public street, alley, public ground, utility easement or boulevard reserve in the manner provided in the City Charter and Legislative Code.

(C.F. No. 03-1028, § 1, 4-7-04)

(a)

Any person subdividing or conveying land in violation of the provisions of this chapter shall be guilty of a misdemeanor and subject to the penalties prescribed in section 1.05 of the Legislative Code.

(b)

Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this chapter shall forfeit and pay to the city a penalty of not less than one hundred dollars ($100.00) for each lot or parcel so conveyed. The city may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction.

(C.F. No. 03-1028, § 1, 4-7-04)

Filing and recording of conveyance of land shall be subject to the restrictions imposed by Minnesota Statutes, Section 462.358, Subdivisions 4a and 4b.

(C.F. No. 03-1028, § 1, 4-7-04)