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278659 WHITE - CITY CLERK � PINK - FINAIVCE COUIICll �g659 CANARY -` OEPARTMENT C I TY OF SA I NT PALT�L BLUE _~.�MAYOR � F11C NO. �� • r�inance Ordinance N 0. l�o��� Presented By Referred To Committee: Date Out of Committee By Date An Ordinance amending the Saint Paul Legislative Code so as to add a new Chapter known as the Subdivision Regulations The Council of the City of Saint Paul Does Ordain: Section 1. That the Saint Paul Legislative Code be and is hereby amended so as to add the following chapter thereto: CHAPTER 67. ZONING CODE - SUBDIVISION REGULATIONS 67.000 TITLE This Chapter shall be known as the Subdivision Regulations. COUIVCILMEN Yeas Nays Requested by Department of: Hunt �� Levine [n Favor Maddox McMahon snowa�ter A gai n s t BY Tedesco �Ison Form Approv by ity A orney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved M or for Submission to Council By BY � � � ' �'`18659 67.101 AUTHORITY These Subdivision Regulations are enacted pursuant to the authority granted to the municipality by the State Legislature in Minnesota Statutes, 1981, Sections 462.351 through 462.365, and shall be a part of the Zoning Code. 67.102 INTENT AND PURPOSE 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 flood plains, 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. 67.200 DEFINITIONS 67.201 DEFINITIONS 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: 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. 2 � � ` 2'�8659 �. 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 100 feet of horizontal distance measured at the center line of the street. LOT: The smallest unit of a subdivision individually numbered or designated on the plat for purposes of description, recording, conveyance, development and taxation. 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 C.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 or more different zoning classifications. STREET WIDTH: The street right-of-way width, measured at right angles to the center line of the street. SUBDIVISION: The separation of an area,parcel, or tract of land under single ownership into two 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 20 acres or larger in size and 500 feet in width for residential uses, and five acres or larger in size for comnercial 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. 67.300 SUBDIVISION APPROVAL All subdivisions shall be subject to the regulations set forth in this Chapter and subject to the approval or disapproval of the city. No person shall subdivide land without first obtaining the city's approval as herein required. No person shall convey any land without first obtaining the required subdivision approval . 3 : : 2'78659 w No person shall obtain a building permit until the preliminary plat for the required subdivision has been approved. 67.301 PLATTING REQUIRED A plat shall be required when a subdivision: 1. Creates five or more lots or parcels each of which are two and one- half acres or less in size; or 2. Requires paved streets, alleys, and other public improvements or services; or 3. Is previously unplatted land. 67.302 PLATTING NOT REQUIRED Platting shall not be required when the subdivision constitutes a lot split as described in 67.304. 67.303 LOT SPLITS The procedures for obtaining of approval for lot splits are set forth herein. 67.304 LOT SPLITS DESCRIBED The division of one or more lots which creates no more than four lots is permitted without platting provided the following conditions are met: 1. The lot or lots have frontage on an existing improved street and access to municipal services. 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. 67.305 APPLICATION Application for approval for lot split shall be submitted to the Planning Administrator on forms furnished by the Planning Division and shall include a drawing showing the following information: 1. Scale and north direction. 2. Dimensions of the property. 3. Names and locations of adjacent streets. 4. Locations of existing buildings on and within 100 feet of the subject property. 4 .. � : �. ��ss5s 5. Such other information as 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. 67.306 COUNCIL APPROVAL The Planning Administrator shall cause the applica tion to be reviewed by the Public Works Department and other affected city departments, and shall notify the applicant of any required modifications. Within 30 days of the date of filing, the application shall be referred to the City Council for hearing. Notice of the hearing shall be published in the official newspaper of the city at least ten days prior to the hearing. At the hearing the Council shall, by resolution, either approve or deny the application, and shall set forth the reasons for such action. 67.307 SUBDIVISION PLAT PROCEDURES 67.308 APPLICATION PROCEDURES Applications for approval of all proposed subdivisions and plats shall be filed in the Office of Planning Administrator. The Planning Administrator shall prescribe the forms to be used, and the City Council, by resolution, shall establish fees for said application. 67.309 OPTIONAL PRE-APPLICATION: SKETCH PLAN Subdivision 1. Request. Any subdivider may request a pre-application 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 pre-application constitute formal application for a subdivision plat. Subdivision 2. Preapplication requirements. Subdividers shall submit the following to the Planning Administrator for the purposes of pre-application: 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. 5 .. � �� 2�8659 67.400 APPLICATION FOR SUBDIVISION: REQUIRED INFORMATION Application for subdivision includes two reviews and approvals: preliminary and final. Applications shall include the information hereinafter required unless specifically waived in writing by the Planning Administrator. 67.401 PRELIMINARY PLAT Subdivision 1. A��lication re uirements. The preliminary plat shall be drawn at a minimum scale of 1"=1 0' and shall contain or have attached the following information. The plat shall be prepared by a registered surveyor. Subdivision 2. 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 Subdivision 3. Existing conditions. 1. Boundary line of the parcel 2. Present zoning classification 3. Total area 4. Within the parcel and to a distance of 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 right-of-way, parks, or other public facilities; permanent buildings or structures; section and municipal lines. 5. Boundary lines and ownership of abutting land within 100 feet of the parce 1. 6. Ground vertical contour intervals of the parcel expressed in city datum at intervals of at least 2 feet; slopes of 12% or greater. 7. Marshes, wooded areas, rock outcrops, power transmission poles and lines and other significant features. Subdivision 4. Subdivision design. 1 . Location, width,length, and name of proposed streets. 2. Location and widths of proposed alleys, pedestrian ways, and utility easements. 3. Center line 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. 6 � �� ��8659 Subdivision 5. Other information. 1 . Statement of the proposed use of lots, including residential building types and number of dwelling units and type of business or industrial use. 2. Proposed protective covenants or homeowners association rules. 3. Provisions for sewerage, disposal, drainage and flood control. 4. Proposed zoning plan for the area, including dimensions, if any zoning changes are contemplated. 67.402 PRELIMINARY PLAT: PROCEDURE Subdivision 1. Applications for formal approval of the subdivision shall be submitted to the Planning Administrator. Applications shall include the required fee, ten copies of the proposed subdivision plat plan, evidence of ownership of the property to be subdivided, and the names of owners of all property within 350 feet of the property to be subdivided. Subdivision 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 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. Subdivision 3. Within 45 days of filing the application, the Planning Administrator shall forward it to the City Council together with recornrnendations for modification, approval, or disapproval thereof. Subdivision 4. 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 350 feet of the proposed subdivision shall be provided at least 10 days before the i�earing. City Council shall either approve or disapprove the application for preliminary plat within 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. Subdivision 5. 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. Subdivision 6. Effect of Preliminary Plat Approval. For a period of one 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. 7 % � 2��659 �F 67.403 FINAL PLAT Subdivision 1. Application for approval. Within one year following approval of the preliminary plat, the subdivider shall apply for approval of the final plat. Subdivision 2. Application requirements. The Final Plat shall contain all modifications as may have been recomnended 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. 67.404 FINAL PLAT: PROCEDURES Subdivision l. Applications for formal approval of the final subdivision plat shall be submitted together with the required fee. Subdivision 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, official maps, if any, and conditions and requirements stipulated in the preliminary approval. Subdivision 3. Within 30 days of filing the application, the Planning Director shall forward it to the City Council together with recommendations for approval or disapproval thereof. Subdivision 4. The City Council shall either approve or disapprove the application within 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. Subdivision 5. 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 60 days of the adoption of the Council resolution. A tracing and three certified copies of the recorded subdivision shall be filed by the applicant with the Planning Director, to be forwarded to the Public Works Department. Copies shall be furnished to the Department to the Water Utility, gas, electric and telephone companies by Public Works. Subdivision 6. Effect of Final Subdivision Approval. For a period of two 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. 8 � � 2'�8659 67.405 COMBINING PRELIMINARY AND FINAL SUBDIVISION REVIEW 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 copies of the proposed subdivision plat plan, evidence ,of ownership of the property to be subdivided, and the names of all owners of property within 350 feet 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 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 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 notice to property owners within 350' shall be provided at least 10 days before the hearing, and 10 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 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 60 days of the adoption of the Council resolution. A tracing and three certified copies of the recorded subdivision shall be filed by the applicant with the Planning Administrator, to be forwarded to the Public Works Department. Copies shall be furnished to the Department to the Water Utility, gas. electric, and telephone companies by Public Works. 9 � � �'7�659 67.406 REVIEW OF DIVISIONS OF LAND Subdivision l. Subdivision review criteria. The Planning Corrsnission and 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. Al1 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; 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 f acilities and services. Subdivision 2. Delegation of Planning Commission Review. The Planning Corr�nission may, by general rule, delegate to the Planning Administrator its power to review and approve such matters and cases. 67.500 GENERAL REQUIREMENTS ANO DESIGN STANDARDS Subdividers shall use these general requirements and design standards in developing new subdivisions. In cases where an official map exists, that map shall supercede 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. These standards shall be considered minimum requirements and shall be waived by City Council only under circumstances set forth in Section 67.703. 67.501 STREETS Subdivision 1. 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. 10 ' � �'78659 Subdivision 2. Alignment. 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 non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as ma�y be necessary for adequate protection of residential properties and the separation of through and local traffic. Subdivision 3. Width. All right-of-way widths and roadway widths shall conform to the following minimum dimensions unless modified by the Director of Public Works: Right-of-Way Width Roadway Width in Feet in Feet Minor Arterials 66 44 Collectors 80 36 Local Streets (Director of Public Works) Industrial Streets (Director of Public Works) Subdivision 4. 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 five 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. Subdivision 5. Grades. All center line gradients shall be at least 0.5% and shall not exceed the following: Grade Major Arterials 6% Collectors 6% Local Streets lOX Subdivision 6. Intersections l . Jog. Street intersections with center line offsets of less than 125 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 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 80 degrees. 3. Size. Intersections of more than four corners shall be prohibited. Subdivision 7. Cul-de-sac. Cul-de-sacs shall not exceed 600 feet in length and shall terminate in a circular turnaround having a minimum right- of-way radius of 50 feet and a roadway radius of 40 feet. 11 , � , l�+:I ���cl Subdivision 8. Industrial and Commercial Streets. The Director of Public Works shall establish different requirements and standards for corrrannercial and industrial streets. Subdivision 9. 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 90 degrees without a change in street name. 67.502 ALLEYS Subdivision 1. Required. Alleys shall be provided where topography renders access to service or off-street parking areas impractical, or where limited access streets prohibit driveways to off-street parking and service areas. Subdivision 2. Width:. All alley right-of-way widths shall conform to the following minimum standards: Right-of-Way Width Roadway Width i n Feet i n Feet Industrial/Corrpnnercial 24 20 Residential 20 16 Subdivision 3. 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. 67.503 UTILITIES Subdivision 1. Location. Unless waived, all utility f acilities, 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. Subdivision 2. 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. 12 � � �'78659 Subdivision 3. Easements. 1. Easements centered on rear lot lines shall be provided for utilities (private and municipal) ; such easements shall be at least ten 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 right-of-ways, utility easements at least five 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 feet in width shall be provided along side lot lines with satisf actory 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. 67.504 DRAINAGE AND STORM SEWERS Subdivision 1. Separate systems. The Planning Commission shall not recommend for approval any plat of subdivision which does not make adequate provision for storm or surf ace water runoff. The storm water drainage system shall be separate and independent of any sanitary sewer system. Subdivision 2. General Requirements. Each subdivision will be required by the Planning Commission to provide stormwater management for all storms up to and including the 100 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 1.64 cubic feet per second per acre. Furthermore, the applicant must provide an adequate outlet for any spring or surface water that may exist 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 rightof-way where feasible and otherwise shall be located in perpetual, unobstructed easements of a width to be determined by the Director of Public Works. Subdivision 3. 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. 13 , � � �'78659 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 storm water disposal by a public utility system at the time the plat receives final approval . Subdivision 4. Accommodation of Upstream Drainage Areas. Adequate provision 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. Subdivision 5. 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 Corranission shall determine. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility. Subdivision 6. 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 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. Any 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. Subdivision 7. Stormwater Detention Ponds 1 . Drainage Criteria. The subdivider shall provide for storm water detention in compliance with the following standards: 14 � � �`�8659 Drainage from any site being developed or extensively redeveloped with drainage to the public sewer or public right-of-way shall be _ controlled so that peak stormwater discharge rates from the site for all storms up to and including the critical 100 year storm will not exceed: Q = 1.64 x A Where Q = the maximum acceptable stormwater discharge rate in cubic feet per second, and A = the site area in acres. 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. Summary of 100 Years Storm for St. Paul The following table is a surrmary of the total rainfall depth for various duration 100 year storms in St. Paul . The information has been taken from "Five-to 60-Minute Precipitation Frequency for the Eastern and Central United States" and "Technical Paper No. 40-Rainfall Frequency Atlas of the United States". Both of these publications were prepared by the National Weather Service. The term "100 year storm" as used in this sumnary refers to a storm of a given duration and rainfall depth which has a one percent probability of occurring during any given year in a particular locale. Duration-Minutes Rainfall Depth-Inches 5 0.84 10 1.38 15 1.76 30 2.44 60 3. 15 120 3.50 180 3.80 360 4.40 720 5.20 1 ,440 5.90 15 . ., : . �".��E59 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 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 p�yment 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 percent of the market value of the subdivision lands at the time of the subdivision application, as determined by the City Valuation Engineer. 67.505 WATER FACILITIES Subdivision 1. 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. � 16 � � �'�8�59 Subdivision 2. Locations with Water Mains Available 1. Water main 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 f acilities 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 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. Subdivision 3. 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. Subdivision 4. Mandatory Connection to Public Water Mains 1 . 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 years. 67.506 SEWERAGE FACILITIES Subdivision 1. General Requirements. The applicant shall install sanitary sewer f acilities 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. 17 ' � 2'78659 Subdivision 2. 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 si2es required by approving officials and agencies. No individual disposal system or treatment plants (private or group disposal systems) shall be permitted. Sanitary sewerage f acilities (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. Subdivision 3. 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. Subdivision 4. Mandatory Connection to Public Sewer System. 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 years. 67.507 BLOCKS Subdivision 1. Block Width. Blocks shall have sufficient width to provide for two 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. Subdivision 2. Block Length. The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas shall not exceed 1 ,000 feet. Wherever practical, blocks along major arterials and collector streets shall be not less than 1,000 feet in length. Subdivision 3. Crosswalks. Pedestrianways or crosswalks, not less than eight feet wide, may be required by the City Council through the center of blocks more than 800 feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, or other community f acilities. Subdivision 4. Industrial Blocks. Blocks designed for industrial uses shall be of such length and width as may be determined suitable by the Planning Corrunission for prospective use. 67.508 LOTS Subdivision 1. Street Frontage. All lots which are designated for residential use shall adjoin a street except for developments which 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 shall adjoin a street. 18 � � � � � 2`��659 Subdivision 2. Throuqh Lots. Through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. Subdivision 3. Lot Arranqement. 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. Subdivision 4. Lots on Slopes. Newly created lots must allow for a minimum setback for development of 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 18 percent slope or steeper, or the necessity to alter such slopes for purposes of construction. Subdivision 5. Solar Access. In subdivisions of ten acres or larger, lots shall be platted in a north-south orientation to maximize solar access. Subdivision 6. Lot Access. Lots shall not in general, derive access exclusively from an arterial . Where driveway access from a major or secondary street may be necessary for several adjoining lots, the Planning Commission may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such street. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on arterials. Subdivision 7. 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. Subdivision 8. Side Lot Lines. Side lot lines generally shall be at right angles to or radial to street lines. Subdivision 9. S�lit Zoning. Lots shall not be created which result in split zoning classifications. 67.509 PRESERVATION OF NATURAL FEATURES AND AMENITIES Subdivision 1. 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. Subdivision 2. Trees. Shade trees shall be planted by the subdivider in accordance with Section 67.600. Subdivision 3. Slopes• Lots with slopes of 12X or greater shall undergo site plan review prior to approval of a preliminary plat. 19 . � _ �'���59 67.510 PUBLIC SITES 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 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. 67.511 MONUMENTS All subdivisions shall be tied to Minnesota State Plane Coordinate System in the following manner. The coordinate of at least two of the control points used to tie subdivisions to Minnesota State Plane System shall be given on subdivision drawings and the names of said point given. Any two points on the boundary of the subdivision must have State Plane Coordinates. All boundary line direction must be given in State Grid Azimuth or in an equation provided to give relation of State Grid Azimuth to subdivision boundary azimuths or bearings. 67.600 REQUIRED IMPROVEMENTS Subdivision 1. 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 St. Paul. Prior to approval of the Final Plat by the City Council, the subdivider shall either have installed and dedicated to the city, or guaranteed to install in a manner set forth in Section 67.500, et seq, and which meets the standards of the Director of Public Works, the following improvements on the site: Subdivision 2. Water Facilities. Public water service to be installed by the city. Such service shall consist of adequate water facilities, including fire hydrants and laterals to the property line. Subdivision 3. Sewer Facilities. Public sanitary sewer service to be installed by the city. Such service shall consist of adequate sanitary sewer facilities, including installation of laterals to the public right- of-way 1ine. 20 . - � 2�'�865�� Subdivision 4. 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). Subdivision 5. Streets. 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. Subdivision 6. Monuments. Permanent reference monuments in the subdivision at all property corners to be installed by the subdivider. Subdivision 7. Street trees. Street trees having a trunk diameter of not less than two inches measured two feet above grade, at least one per lot and at least every 40 feet along all streets, to be installed by the subdivider. Existing trees which meet the standards of this section may be used to satisfy those requirements. Only honey locust, hard maples, green ash, ginko or other long-lived shade trees approved by the City Forester shall be planted. Subdivision 8. 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. Subdivision 9. 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 200 feet apart. Subdivision 10. Topsoil, Sodding and Seeding. Redistribution of topsoil on the lot and boulevard, to be done by the subdivider. He shall seed or sod the disturbed boulevard areas. Subdivision 11. 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. 21 ! .. � � 2'��659 67.601 POSTPONED CONSTRUCTION OF IMPROVEMENTS If the City Council, upon the affirmative recorr�nendation 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 required for the postponed improvements. 67.602 GUARANTEES The subdivider shall comply with all Public Works guarantees procedures for site development and, in addition, where appropriate, with site plan review guarantees required by the Planning Division. 67.603 TIME OF COMPLETION All required improvements shall be completed within two 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 additional year where the subdivider can present substantial reasons for doing so. 67.604 INCOMPLETE IMPROVEMENTS If any of the required improvements shall fail to be acceptable for dedication in compliance with Section 67.605 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 67.602, 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. 67.605 INSPECTION, CERTIFICATION AND DEDICATION OF IMPROVEMENTS The Director of Public Works shall inspect for defects in the construction of required 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 specific manner or listing the defects in those improvements. 22 ` ! � � 2��659 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. The subdivider shall also file with the City Council an agreement dedicating the improvements to the city. 67.606 RELEASE OF GUARANTEES In those cases where improvement guarantees have been made, the amount of the guarantee may be reduced upon acceptance, in compliance with Section 67.605 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. Upon acceptance of the dedication of the final part of the improvements the city shall authorize the release of the remaining guarantees. 67.700 COMPLIANCE 67.701 DISCLOSURE BY SELLER 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: (a) 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 (b) 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 5X of the purchase price of the land (M.S. 462.358, Subd. 4a). 23 . . �- " 2'���59 67.702 COMPLIANCE Subdivision 1. 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. Subdivision 2. 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 inetes 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. Subdivision 3. 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 acres in area and 150 feet in width on January 1, 1966, or was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980, or is a single parcel of comnercial or industrial land of not less than five 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 or more lots or parcels, any one of which is less than five acres in area or 300 feet in width, or 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 or more lots or parcels, any one of which is less than 20 acres or 500 feet in width. 67.703 VARIANCES Subdivision 1. Required Findings. The City Council upon recommendation of the Planning Commission 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 24 . � ' ` �'���59 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. Subdivision 2. 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. Subdivision 3. 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. 67.704 ALTERNATIVE CONSTRUCTION METHODS, DESIGN STANDARDS AND REQUIRED IMPROVEMENTS 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. 67.705 REGISTERED LAND SURVEYS 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. 67.706 VACATION OF PLAT OR SUBDIVISION 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. 67.707 PENALTY 1 . 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. 2. 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 $100 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. 25 WHITE - CITY CLERK �1' /QC�f� PINK - FINANCE � COl1IIC11 rv /�JVV CANARY s DEPARTMENT G I TY OF SA I NT PALT L BLUE •�- MAYOR File N O. �' / Q Ordin�nce Ordinance N 0. I(D �� / Presented By Referred To Committee: Date Out of Committee By Date 67.708 RECORDING RESTRICTIONS Filing and recording of conveyance of land shall be subject to the restrictions imposed by Minnesota Statutes, Section 462.358, Subdivisions 4a and 4b. Section 2. This Ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. COUIVCILMEIV Requested by Department of: Yeas Nays � Hunt Levine In Favor Maddox McMahon sno�tter � Against BY Tedesco wlson Adopted by Council: Date � 2 7 �� Form Approv d y ty Att ey Certified sed by nci cre y� „ BY � By Approve y yor: Date AY 2 g Approved May for Submission to Council By BY PUBLtSHED .1UN 51gg� ; �� t' �-. t�. l ► y a � �' �. s-� r , , r f.= . , .��''^,�� j � � CITY OF SAINT PAUL `^�...`�Ti O�Ll4 =R'` �=� OFFICE OF THE CITY CLERK �4 ''O '�� :: ;;�;�°„ �= RECEIVED ;,,,� „�� BUREAU OF RECORDS '`�u„�lm�,..o�,��''' 386 City Hall,Saint Paul,Minnesota 55102 ' A P f7 � �(;,�� 612-298-4231 GEORGE LATIMER MAYOR CITY ATTORNEY - March 30, 1982 Mr. Ed Starr City Attorney Room 647, City Hall Deax Sir: The City Council requests that you prepare the appropriate ordinance adopting a subdivision ordinance and an amendment to the Le�islative Code pertaining to House addresses as recommended by the Planning Commission. Very truly yours, Albert B. Olson City Clerk . ABO:la cc: Planning Staff Attach. O �`.., , j i T� � � C'_ _ �� . ��`r � GI:TY OF SAIlti T PAUL � �+`` °•.�?a . �" =�� OFFICE OF THE MAYOR � ��� S � �� , � � -I�Ut!1lllt! �� ?r �111 11{{1; w '`�a� 347 CITY HALL ���� SAINT PAUL, MINNESOTA 55102 GEORGE LATI'�SER (612) 298-4323 biAYOR March 22, 1982 Council President Ru6y Hunt and Members of the City Council c/o City Clerk 386 City Hall . St. Paul , Minnesota 55102 P,E: Planning Commission Recorr�nendation of Subdivision Ordinance and Legislative Code Amendment Dear Council President Hunt and P�embers of the City Council : On March 12, 1982, the Planninq Commission, on a vote of 18 to Q, unanimously approved a resolution recommending adoption of a Subdivision Ordinance and an amend- ment to the Legislative Code pertaining to house addresses. � St. Paul is tfie onl,y municipa1ity in Ramsey County without a Subdivision Ordinance. Develo�ment has been permitted on lots without street frontane, sewer ar �rater; subsequently, the cit,y tias incurred environmental and f�ealth and safety problems, inherited tax forfeit splinters of parcels, and retrofitted public systems to accommodate existina develonment. In tandem with the Subdivision Ordinance a�f�ich controls the division of land, the Planning Commission recommends an amendment to tfie Leaislative Code F�hich wou1d orohibit the issuance c�f street address to lots without street frontage and public services. District Councils have had an opportunity to review and comment; a representative of District 1 appeared at the nublic I�earinc� in supoort of the Ardinanee and amend- ment. Reoresentatives from Public Works and �Jaluations alsa expressed their support> I am transmitting these Su6division Ordinance and Leqislative Code amendments at the reauest of the Planning Commission w�th my recommendation for your review and apprOVal . Sincerely, ���CC�-C�����`� t-���� � � Georoe Latimer Mayor Attachments �� ,:� • r . r, ��' �`.-�->� - � city of saint pau! � planning commission resalution � � � file number 82-,0 . date Mar�h ,2, ,082 � : WHEREAS, Minnesota Statutes 462 provide for the adoption of subdivision .regulations; and . WHEREAS, Saint Paul is the only municipality in Ramsey County without a �- � subdivision regulations; and WNEREAS, uncontrolled development is resulting in residue parcels of land, "obsolete plats", overcrowding, and problematic land for future development; and WHEREAS, the public's health, safety, and welfare are jeopardized by contaminated water; the burden, in some in�tances , of paying for sewer and �water systems twice; inadequate fire protection in areas without a municipal supply .of water or developed streets; and the principle of Caveat Emptor in , buying land; and WHEREAS, ground water and wells are contaminated, slopes eroded, ponding sites filled an d storm water systems disintegrated when development occurs irrespective of geologic and ecologic features of the land; and k'HEREAS, delay is costing the city added dollars in direct costs for � maintenance of unimproved streets and in indire�t costs for uncontrolled storm runoff, contamination of ground water, retrofitting of streets and � systems, the inheritance of tax forfeit irregular slices of land, and the loss of development potential ; and . � WHEREAS, the Comprehensive Planning Committee reviewed the proposed ordinance and recommended approval ; �and . . WHEREAS, pursuant to�Minnesota Statutes 462.257(5) , the Planning Commission did hold a public hearing on the proposed ordinance at its regular meeting on February 26, 1982; _ NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recammends adoption of the Subdivision Qrdinance as attached hereto and directs �rans- mittal to the Mayor and City Council for review and adoption. moved by Bryan seconded by Summers . in favor �8 � aC�It�St � � � � �. �� � �� �' - � � city of saint pau( � � planning commission resolution � � fite number 82-„ � � date Ma r�n ,z, ,98z � : . WHEREAS, street addresses and building permits have been issued and �houses . built on lots without frontage on an improved street and without city sewer and water; and � WHEREAS, the public's health, safety, and welfare ar� jeopardized by contaminated water, and by inadequate �Fire proteetion in areas without a municiPal water supply or developed streets; and WHEREAS, the city incurs greater direct costs in maintaining �unimproved streets, and, greater indirect costs in controlling stormwater runoff and � . ground water contamination, and in retrofitting streets and systems; and WHEREAS, the Comprehensive Planning Committee reviewed the proposed � amendment and recommended approval ; and � WHEREAS, the Planning Commission did hold a public hearing on the proposed amendment in tandem vrith the subdivision ordinance; . NOW, THEREFORE, BE RESOLVED, that the Planning Corranission recorrsnends amendment of Section 71 .06 of the Saint Paul Legislative Code pertaining to the issuance of house numbers, as attached hereto and directs transmittal to the Mayor and � City Council for review and adoption. � , moved by Bryan seconded by Schmi dt in favor �8 against � � � , I � SUBDIVISION ORDINANCE � � I I � MARCH 1982 ' ' . ' ' PLANNING DIVISION DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT ' CITY HALL ANNEX 25 WEST FOURTH STREET ST. PAUL, MINNESOTA 55102 � ' t , � , i D D D � D D � 1 ' SUBDIVISION ORDINANCE ANALYSIS t � Subdivision Ordinance amending Sections 65.000 through 68.000 of the 1 St. Paul Legislative Code . i , � 1. What does the proposed ordinance do? The Ordinance gives the City the legal authority to approve or to ' deny all divisions of land. 2. Who initiated the ordinance? ! . . The Planning Commission upon recommendation of the City Council. 3. Is the ordinance timely? ' Yes. St. Paul is the onl municipality in Ramsey County without Y ( a subdivision ordinance--or the legal authority to review divisions � of land. � 4. What problems might be solved by this ordinance? � Uncontrolled development is resulting in residue parcels of land, "obsolete plats", overcrowding, and prablematic land for future � development. . Ground water and wells are contaminated, slopes eroded, ponding sites filled and storm .water systems disintegrated when development , occurs irrespective of geologic and ecoiogic features of the land. The public's heal.th, safety, and welf are are jeopardized by contaminated ' water; the burden, in some instances, of paying f or sewer and water systems twice; inadequate fire protection in areas without a municipal supply of water or developed streets; and the principle of Caveat , Emptor in buying land. Delay �is costing the City added dollars in direct costs for maintenance . of unimproved streets and in indirect costs for uncontrolled storm � runoff, contamination of ground water, retrofitting of streets and systems, the inheritance of tax f arfeit irregular slices of land, and the loss of development potential. . ' � , OIVISION OF PIANNING • DEPARTMENT OF PLANNING AND ECONOMIC �EVELOPMENT • CITY OF SAINT PAUI CITY HALL ANNEX 25 WEST FOURTH STREET, SAINT PAUI. MINNESOTA 55102 TELEPHONE: 612•298•4151 . ; . . 5. What problems might the ordinance create? � . Front end development costs might be higher if improvements are � � required. Owners of private water �and septic systems might incur • duplicate. costs for municipal systems. 6. Is the ordinance consistent with the Comprehensive Plan? Yes, and, in fact, the ordinance requires that all divisions of . land .be consistent with the Comprehensive Plan, the Zoning Ordinance and other official controls. 7.• What are the consequences of defeating this ordinance? St. Paul wil] continue to forfeit its legal ri.ght of control over the division of land. _ ' � . �; � � NOTICE OF PUBLIC HEARING - � � • i . i ; The City Planning Commission of St. Paul has initiated proceedings relative '' to the amendment of Chapter 60 St. Paul Legislative Code, i.e. , Zoning, ; pertaining to subdivision. Specific texts of the proposed ordinance ' are on file in the Comprehensive Planning Section of the City Planning '� Division, located at the City Hall Annex, 25 West Fourth Street, llth - floor, and may be viewed there upon request. The Planning Commission has fixed the 26th day of February, 1981, a t � 9:00 in the morning, in the City Hall Annex Auditorium, 15th floor, 25 West Fourth Street; and at said time and place the Planning Cornrnission � will hear all objections and recommendations relative to said amendments. �THOMAS P. FITZGIBBON , Chairman City Planning Commission of St. Paul � � � � TABLE OF CONTENTS Page 67.100 TITLE 1 67. 101 AUTHORITY 1 67. 102 INTENT AND PURPOSE 1 67.200 LANGUAGE AND DEFINITIONS 1 � 67.201 CONSTRUCTION OF LANGUAGE 1 67.202 DEFINITIONS 2 67.300 SUBDIVISION APPROVAL 4 67.301 PLATING REQUIRED 4 � 67.302 PLATTING NOT REQUIRED 5 � 67.303 LOT SPLITS/CONSOLIDATIONS 5 67.304 LOT SPLITS AND CONSOLIDATIONS DESCRIBED 5 � I 67.305 APPLICATION 5 67.306 COUNCIL APPROVAL 6 67.307 SUBDIVISION PLAT PROCEDURES 6 67.308 APPLICATION PROCEDURES 6 � 67.309 OPTIONAL PREAPPLICATION 6 67.400 APPLICATION FOR SUBDIVISION: REQUIRED INFORMATION 6 , 67.500 GENERAL REQUIREMENTS AND DESIGN STANDARDS 12 67.501 STREETS 12 67.502 ALLEYS 12 ' 67.503 UTILITIES 13 67.504 DRAINAGE AND STORM SEWERS 14 67.505 WATER FACILITIES 14 � 67.506 SEWERAGE FACILITIES 19 67.507 BLOCKS 20 67.508 LOTS 20 ' 67.509 PRESERVATION OF NATURAL FEATURES AND AMENITIES 21 67.510 PUBLIC SITES 22 67.511 MONUMENTS 22 r67.600 REQUIRED IMPROVEMENTS 22 67.601 POSTPONED CONSTRUCTION OF IMPROVEMENTS 24 67.602 GUARANTEES 24 � 67.603 TIME OF COMPLETION 24 67.604 INCOMPLETE IMPROVEMENTS 24 67.605 INSPECTION, CERTIFICATION ANO DEDICATION 25 , OF IMPROVEMENTS 67.606 RELEASE OF GUARANTEES 25 ' � � � I I � Page � 67.700 COMPLIANCE 25 67.701 DISCLOSURE BY SELLER 26 67.702 COMPLIANCE 26 67.703 VARIANCES 27 67.704 ALTERNATIVE CONSTRUCTION METHODS, DESIGN 28 STANOARDS, AND REQUIRED IMPROVEMENTS � 67.705 REGISTERED LAND SURVEYS 28 67.706 VACATION OF PLAT OR SUBOIVISION 28 67.707 PENALTY 28 67.708 RECORDING RESTRICTIONS 28 � . I � � ' . � � ' � � - 1 ' ' � � ' I67.000 TITLE � This Chapter of the Legislative Code shall be known as the Subdivision Regulations. I67.101 AUTHORITY These Subdivision Regulations are enacted pursuant to the authority � granted to the municipality by the State Legislature in Minnesota Statutes, 1981, Sections 462.351 through 462.365. � 67. 102 INTENT AND PURPOSE � This Ordinance is adopted by the City of St. Paul for the following purposes: , 1 . To protect and promote the public health, safety, and general we 1 f are; � 1 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 f acilities; 5. To provide for the protection and conservation of flood plains, 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 Ordinance including procedures and standards for subdivision plat approval ; � 8. To provide for variances from the strict interpretation of this Ordinance; and 9. To provide for penalties for violations of this Ordinance. , 67.200 L D DEFINITION 67.201 CON TRUCTION OF L NGUAGE ' The foll ing rules f construction apply to the text of this Ordinance: , 1 . The pa ticular hall control the general. 2. In case of any difference of ineaning or implication between the text of t is Ordinance and any caption or iilustration, the text ha 1 control. , 3. The word " 11" is mandatory, and the word "may" is permissive. 4. Words used 'n the present tense include the future; words used in the singu ar number include the plural, and the plural the � singular, unl ss the context clearly indicates the contrary. 5. The word "bui ing" includes "structure" and any part thereof. � � , 1 , n n n u n n � 6. The phrase used for includes arranged for , designed for , "intended for", "maintained for", or "occupied for". 7. The word "person" includes an individual, a corporation, a partnership, � an incorporated association, or any other similar entity. 8. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events , connected by the conjunction "and", "or", "either. . .or", the conjunction shall be interpreted as follows: a. "And" indicates that all the connected items, conditions, � . provisions or events shall apply. b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. c. "Either. . .or" indicates that the connected items, conditions, � provisions or events shall apply singly but not in combination. 9. Abut means having a common boundary or relationship at either a common property line, street, or alley. � 10. Adjoin means having a common boundary or relationship at a common property line. 67.20� DEFINITIONS , The definitions contained in Minnesota Statutes S 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: � ALLEY: ublic vehicular way which affords a secondary means of vehicu r access to abutting property and which is not intended for neral traffic circulation. � 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. BUILDING S BACK LINE: � A line parallel to a street between which � line an he nearest street right-of-way line no building may be erect or placed. COMMISSION OR PLANNING COMMISSION: The officially created planning � corr�nission 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. ' . � . � 2 ' � � CROSSWALK OR PEDESTRIANWAY: A cit owned ri ht-of-wa which crosses Y 9 Y 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 center line of the street. � LOT: The smallest unit of a subdivision individually numbered or � designated on the plat for purposes of description, recording, conveyance, development and taxation. , LOT DEP : The mean horizontal distance between the street right- ��yLl� .�� of- line and the opposite rear line of the lot measured in the eral direction of the side lot lines. � � LOT, OUGH: A lot having frontage on two parallel or approximately par el streets. 1 LOT W : The mean horizontal distance between the side property li of a lot. � MUNICIPAL SERVICES: City sewer and water. PLAT: A map or drawing indicating the subdivisions or resubdivision 1 of land, intended to be filed for record, and drawn in accord with M.S. 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 or more different , zoning classifications. STREET: A public,d icated right-of-way which affords the principal , means of access to tting property and as described in the Comprehensive Plan: a. Principal Arteria : A stree serving the entire metropolitan area and designed or high olume, high speed traffic, accessible � only from entrance and e t ramps; principal arterials are often referred to as free ay . b. Intermediate Arteri : A street connecting subregions and corr�nunities , and designed to car medium distance trips at high speeds; ideally direct ac es should be at major activity centers such as shopping cent rs. � � ' 3 � � c. Minor Ar erial : A street connecting adjacent subregions and communit s within the same subregion and designed to carry � medium d tance trips at moderate speeds; many of these streets are char c erized by adjacent residential uses. d. Collect r: A street connecting neighborhoods within the same commun ' ies nd designed to carry traffic from local streets , to the arteri 1 system. e. Local A stre t connecting blocks within neighborhoods and desi ed for sho,t trips at low speeds. � f. Cul- e-sac: A local street with only one outlet to another str et and with a turning circle at the opposite end. STREET WIDTH: The street right-of-way width, measured at right , angles to the center line of the street. SUBDIVISION: Subdivision means the separation of an area,parcel, � or tract of land under single ownership into two 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 t will be 20 acres or larger in size, and 500 feet in width for residential uses and five 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. � 67.300 SUBDIVISION APPROUAL All subdivisions shall be subject to the regulations set forth in � this ordinance, and subject to the approval or disapproval of the city. No person shall subdivide land without first obtaining the city's ' approval as herein required. No person shall convey any land without first obtaining the required � subdivision approval. � No person shall obtain a building permit until the preliminary plat � for the required subdivision has been approved. 67.301 PLATTING REQUIRED � A plat shall be required when a subdivision: � 1 . Creates five or more lots or parcels each of which are 22 acres � or less in size; or � � 4 , � , 2. Re uires streets alle s and other ublic im rovements �'" 9 fi� � Y � P P or services; or � 3. Is previously unplatted land; � be��, or r� e. , 67.302 PLATTING NOT REQUIRED , Platting shall not be required when the subdivision constitutes a lot split as described in 67.303. � 67.303 LOT SPLITS7��@t�'3et�i-6�6Ns , The procedures for obtaining of approval for lot splits a are set forth herein. ` 67.304 LOT SPLITS � The division of one or more lots which creates no more than four lots is permitted without platting provided the following conditions are met� � 1 . The lot or lots havepfrontage on an existing improvaed� st�ree�t��l, ��� and access to munici al services. ---�R-••1 2. The lot or lots t de nat � as to lot an bl on e i ng ivi ' p on cord with�iie Cou Recor er. �.�—�Pie�pa o a--r i g nr��r�a '., o„� � 4. The lot or lots meet the minimum standards for lot width and area for the zoning district in which they are located. 5. 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. � 6. The division ' does not result in a split zoning classification on a single lot. � 67.305 APPLICATION Application for approval for lot split shall be submitted to the Planning Administrator on forms furnished by the � Planning Division and shall include a drawing showing the following information: � 1 . Scale and north direction. 2. Dimensions of the property. 3. Names and locations of adjacent streets. � 4. Locations of existing buildings on and within 100 feet of the subject property. 5. Such other information as 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 ordinance. , 5 � � 67.306 COUNCIL APPROVAL The Planning Administrator shall cause the applica tion to be reviewed , by the Public Works Department and other affected city departments, and shall notify the applicant of any required modifications. Within � 30 d�ys of the date of filing, the application shall be referred � to the City Council for hearing. Notice of the hearing shall be published in the official newspaper of the city at least ten days prior to the hearing. At the hearing the Council shall , by resolution, ' either approve or deny the application, and shall set forth the reasons for such action. 67.307 SUBDIVISION PLAT PROCEDURES , 67.308 APPLICATION PROCEDURES Applications for approval of all proposed subdivisions and plats � shall be filed in the Office of Planning Administrator. The Planning Administrator shall prescribe the forms to be used, and the City � . Council, by resolution, shall establish fees for said application. 67.309 OPTIONAL PRE-APPLICATION: SKETCH PLAN Any subdivider may request a pre-application conference with the � Office of Planning Administration for the purpose of determining if the proposed plat complies with requirements of this Ordinance. � In no case, shall pre-application constitute formal application for a subdivision plat. A. Prea lication Requirements Subdividers shall submit the following � to the lanning Administrator for the purposes of pre-application: 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. � 67.400 APPLICATION FOR SUBDIVISION: REQUIREO INFORMATION Application for subdivision includes two reviews and approvals: � preliminary and final. Applications shall include the following information unless specifically waived in writing by the Planning � . Administrator. 6 , � � A. Preliminar Plat � 1. 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. a. Identification and Description (1) Proposed name of subdivision. 1 (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 b. Existing Conditions � (1) Boundary line of the parcel (2) Present zoning classification (3) Total Area � (4) Within the parcel and to a distance of 100 feet I � beyond the boundary of the following: all existing or previously platted streets, alleys, or other public ways, showing the type and condition of any � improvements; easements, utility right-of-way, parks, or other public facilities; permanent buildings or structures; section and municipal lines. � (5) Boundary lines and ownership of abutting land within 100 f eet of the p arce 1. (6) Ground vertical contour intervals of the parcel � expressed in city datum at intervals of at least 2 feet; slopes of 12% or greater. (7) Marshes, wooded areas, rock outcrops, power transmission poles and lines and other significant features. � c. Subdivision Design (1) Location, width,length, and name of proposed streets. (2) Location and widths of proposed alleys, pedestrian � ways, and utility easements. (3) Center line 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) Lacation of required street trees. d. Other Information � (1) Statement of the proposed use of lots, including residential building types and number of dwelling units and type of business or industrial use. � 1 � � � 2 Pro osed rotective covenants or homeowners association � � ) P P rules. (3) Provisions for sewerage, disposal, drainage and � flood control . (4) Proposed zoning plan for the area, including dimensions, if any zoning changes are contemplated. � 2. Preliminary Plat: Procedure. a. Applications for formal approval of the subdivision t shall be submitted to the Planning Administrator. Applications shall include the required fee, ten (10) copies of the proposed subdivision plat plan, evidence of ownership � of the property to be subdivided, and the names of owners of all property within 350 feet of the property to be subdivided. j 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, official maps, if any. c. Within 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 notice to property owners within 350' of the proposed subdivision shall be provided at least 10 days before the hearing, , and 10 day notice thereof, together with a copy of the recorrrqnnendation, shall be mailed to the applicant. The City Council shall either approve or disapprove the application for preliminary plat within 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. l 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. . � 8 , � � 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. ' B. Final Flat Within one ( 1) year following approval of the preliminary plat, the subdivider shall apply for approval of the final plat. 1 . Application Requirements. The Final Plat shall contain t all modifications as may have been recomnended during preliminary plat review as well as the following: a. Survey, content of plats, and boundary data in the manner � prescribed by Section 505.02 Minnesota Statutes as amended from time to time. b. 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. 2. Final Plat: Procedures. � a. Applications for formal approval of the final subdivision plat shall be submitted together with the required fee. , 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 I Code, Comprehensive Plan, official maps, if any, and conditions and requirements stipulated in the preliminary approval. ' c. Within 30 days of filing the application, the Planning Director shall forward it to the City Council together with recorr�nnendatio�ns for approval or disapproval thereof. , d. The City Council shall either approve or disapprove the application within 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. 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 60 days of the adoption of the Council resolution. A tracing and three certified copies of the recorded , subdivision shall be filed by the applicant with the Planning Director, to be forwarded to the Public Works Department. Copies shall be furnished by the Department to the Water Utility, gas, electric and telephone companies. � 9 � f. Effect of Final Subdivision A roval. For a eriod , PP P 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 si2es, lot layout, dedication or platting required or permitted by the approved application. ' C. Provision for Combininq Preliminary and Final Subdivision Review 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, and the names of all owners of property � within 350 feet 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 30 days of filing the preliminary plat, the Planning t 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 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 recomnendations. � Published notice in the official newspaper and notice to property owners within 350' shall be provided at least 10 days before the hearing, and 10 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 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 Cit Council shall be b resolution. Y Y 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 60 days of the adoption of the Council resolution. A.tracing and three � certified copies of the recorded subdivision shall be filed by the applicant with the Planning Administrator, to be forwarded to the Public Works Department. Copies shall ' be furnished by the Department to the Water Utility, gas. electric, and telephone companies. � 0. Review of Divisions of Land � 1. Subdivision Review Criteria. The Planning Corrrnission and 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. Al1 of the � following findi�ngs shall be made prior to the approval of a subdivision, lot split� ' n. � a. Al1 the applicable provisions of the City CodeS are complied with; b. The proposed subdivision will not be detrimental to � the present and potential surrounding land uses; c. The area surrounding the subdivision can be planned and developed in coordination and compatibility with the proposed subdivision; , d. The subdivision is in conformance with the Comprehensive Plan; e. The subdivision preserves and incorporates the site's ' important existing natural features, whenever possible; f. 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 g. The subdivision can be economically served with public f acilities and services. � 2. 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. , � � 11 � 67.500 GENERAL RE IREMENTS AND DESIGN STANDARDS ' QU Subdividers shall use these general requirements and design standards , in developing new subdivisions. In cases where an official map exists, that map shall supercede 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. � These standards shall be considered minimum requirements and shall r be waived by City Council only under circumstances set forth in Section 67.703 of this Ordinance. 67.501 STREETS � Streets shall conform to the Comprehensive Plan, and the official � map, if any. No new residential subdivision shall be created without provision of streets which meet these requirements and design standards. In cases of comnercial/industrial subdivisions, the Director of � Public Works may require different standards. A. Alignment 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 non-access 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. , B. Width All right-of-way widths and roadway widths shall conform to the following minimum dimensions unless modified by the Director , of Pub 1 i c Works: � Right-of-Way Width Roadway Width in Feet in Feet � Minor Arterials 66 �— Collectors 66 36 ' Local Streets (Director of Public Works) � Industrial Streets (Director of Public Works) 0. 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 five 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. . � 12 � 1 � h be at le st 0.5% and D. Grades All center line gradients s all a shall not exceed the following: � Grade Major Arterials 6% � Collectors 6% Local Streets 10� , E. Intersections . 1. Jog. Street intersections with center line offsets of less than 125 feet shall require prior approval by the Director ' of Public Works. 2. Angle. In general, all streets shall join each other so I that for a distance of 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 80 degrees. 3. Size. Intersections of more than four corners shall be prohibited. ' F. Cul-de-Sac Cul-de-sacs shall not exceed 600 feet in length and shall terminate in a circular turnaround having a minimum � right-of-way radius of 50 feet and a roadway radius of 40 feet. G. Industrial and Commercial Streets The Director of Public Works ' shall establish different requirements and standards for commercial and industrial streets. H. 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 90 degrees without a change in street name. , 67.502 ALLEYS � Alleys shall be provided where topography renders access to service or off-street parking areas impractical, or where limited access streets prohibit driveways to off-street parking and service areas. � A. Width All alley right-of-way widths shall conform to the following minimum standards: Right-of-Way Width Roadway Width � in Feet in Feet Industrial/Commercial 24 20 Residential 20 16 ' , 13 , B out Alle intersections and shar chan es of ali nment shall � . La� Y p 9 9 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 f acilities, as may be determined by The Director of Public Works. 67.503 UTILITIES , 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. A. 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. B. Easements ' 1. Easements centered on rear lot lines shall be provided for � utilities (private and municipal), such easements shall b�e 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 right-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 f rom 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. 67.504 DRAINAGE AND STORM SEWERS � 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 storm water drainage system shall be separate and independent of any sanitary sewer system. . , 14 � ' � A. General Requirements: Each subdivision will be required by the Planning Commission to provide stormwater management for ' all storms up to and including the 100 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 , 1.64 cubic feet per second per acre. Furthermore, � the applicant must provide an adequate outlet for any spring or surface water that may exist 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 f easible and otherwise shall be located in perpetual, � unobstructed easements of a width to be determined by the Director of Public Works. 6. 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 Corr�nission, the developer shall make arrangements � for future storm water disposal by a public utility system at the time the plat receives final approval. C. Accommodation of Upstream Drainage Areas Adequate provision � shall be made to accommodate potential runoff f rom the entire upstream drainage area. The Director of Public Works shall determine the necessary size of the f acility, based on the provisions � of the development standards and specifications assuming conditions of maximum potential watershed development permitted by the Zon i ng Code. � � , ' , 15 ' D. Effect on Downstream Draina e Areas The Director of Public � Works shall also study the eff ect 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 f acility, 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. , E. Areas of Poor Orainage 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. Any 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. F. Stormwater Detention Ponds � l. Drainage Criteria. The subdivider shall provide for storm , water detention in compliance with the following standards: Drainage from any site being developed or extensively redeveloped with drainage to the public sewer or public right-of-way � shall be controlled so that peak stormwater discharge rates f rom the site for all storms up to and including the critical � 100 year storm will not exceed: � Q = 1.64 x A Where Q = the maximum acceptable stormwater discharge rate in cubic feet per second, and � A = the site area in acres. • , . � 16 � � � 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. , Summary of 100 Years Storm for St. Paul The following table is a summary of the total rainfall depth , for various duration 100 year storms in St. Paul. The information has been taken from "Five-to 60-Minute Precipitation Frequency for the Eastern and Central United States" and "Technical Paper No. 40-Rainfall Frequency Atlas of the United States". ' Both of these publications were prepared by the National Weather Service. 1 The term "100 year storm" as used in this summary refers to a storm of a given duration and rainf all depth which has a one percent probability of occurring during any given � � year in a particular locale. Duration-Minutes Rainfall Oepth-Inches ' 5 0.84 10 1 .38 15 1 .76 � 30 2.44 60 3.15 120 3.50 ' 180 3.80 360 4.40 720 5.20 1,440 5.90 ' � 2. Dedication of Land. The Planning Comnission 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. ' , 17 , nd. In the event that a articular subdivision � 3. Money in Lieu of La p 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 placedin 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 Valuation Engineer. 67.505 WATER FACILITIES � 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 Uti�ty, 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. Looped water mains shall be provided where ' possible. � B. Locations with �later Mains Available , l. Water mai.n 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 subidivion plat. ' Fire hydrants shall be required for all subdivisions except those having individual wells. Fire hydrants shall be located at each intersection and no more than 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. � . , 18 , � � 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 Comnission. 3. If the Planning Corrrnission 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 � 1. If 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. 67.506 SEWERAGE FACILITIES ' � 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 cor�mencement 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. ' � �g t . ith No Avail ble S r Where ublic sanitar sewera e , C Locations w a ewe s p y g 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 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. , 67.507 BLOCKS 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 such as are appropriate for the locality and the type of � development contemplated, but block lengths in residential areas shall not exceed one thousand feet. Wherever practical, blocks along major arterials and collector streets shall be not less � than one thousand (1,000) feet in length. 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 comnunity ' 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. 67.508 LOTS ' A. Street Frontage All lots which are designated for residential ' use shall adjoin a street except for developments which have � individually described lots for each dwelling structure and a common lot for open space, yards and off-street parking in which case the comnon lot shall adjoin a street. , B. Through Lots Through lots shall be avoided except where essential . to provide separation of residential development from traffic � arteries or to overcome specific disadvantages of topography and orientation. . � 20 � ' , C. 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. � D. Lots on Slopes Newly created lots must allow for a minimum setback for development of 40 feet f rom 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. ' E. Solar Access In subdivisions of ten acres or larger, lots shall be platted in a north-south orientation to maximize solar access. ' F. Lot Access Lots shall not in general, derive access exclusively from an arterial. Where driveway access f rom a major or secondary street may be necessary f or several adjaining lots, the Planning . , Commission may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such street. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on arterials. � G. Lot Oimensions 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. H. Side Lot Lines Side lot lines generally shall be at right angles ' to or radial to street lines. I. Split Zoning Lots shall not be created which result in split ' zoning classifications. 67.509 PRESERVATION OF NATURAL FEATURES AND AMENITIES , Existing natural features such as trees, and significant slopes and similar irreplaceable assets, shall be preserved in the design , of the subdivision. No change of grade of the land shall be eff ected until approval of the preliminary plat. A. Trees Shade trees shall be planted by the subdivider in accordance � with Section 67.600 of this ordinance. B. Slopes Lots with slopes of 12� or greater shall undergo site , plan review prior to approval of a preliminary plat. � � 21 , 67.510 PUBLIC SITES ' 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 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. ' 67.511 MONUMENTS All subdivisions shall be tied to Minnesota State Plane Coordinate � System in the following manner. The coordinate of at least two of the control points used to tie ' subdivisions to Minnesota State Plane System shall be given on subdivision drawings and the names of said point given. Any two points on the boundary of the subdivision must have State ' Plane Coordinates. All boundary line direction must be given in State Grid Azimuth � or in an equation provided to give relation of State Grid Azimuth to subdivision boundary azimuths or bearings. 67.600 REQUIRED IMPROVEMENTS � 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 St. Paul. ' Prior to approval. of the Final Plat by the City Council, the subdivider shall have either installed and dedicated to the city, or guaranteed ' to install in a manner set forth in Section 61.500, and which meets the standards of the Director of Public Works, the following improvements on the site: A. Water Facilities Public water service to be installed by the � city. Such service shall consist of adequate water facilities, including fire hydrants and laterals to the property line. � B. Sewer Facilities Public sanitary sewer service to be installed . by the city. Such service shall consist of adequate sanitary ' sewer facilities, including installation of laterals to the public right-of-way line. . � � . 22 ' � C. 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) . , D. Streets 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. � E. Monuments Permanent reference monuments in the subdivision ' at all property corners to be installed by the subdivider. F. Street trees Street trees having a trunk diameter of not less ' than two inches measured two feet above grade, at least one per lot and at least every 40 feet along all streets, to be installed by the subdivider. Existing trees which meet the � standards of this section may be used to satisfy those requirements. ' Only honey locust, hard maples, green ash, ginko or other long- lived shade trees approved by the City Forester shall be planted. ' G. 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 . ' H. 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 200 feet apart. ' � I. Topsoil , Soddinc,� and Seeding Redistribution of topsoil on the lot and boulevard, to be done by the subdivider. He shall seed ' or sod the disturbed boulevard areas. J. 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. , ' , ' ' 23 1 67.601 POSTPONED CONSTRUCTION OF IMPROVEMENTS ' 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 Registrar of Deeds 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 required for the postponed improvements. 67.602 GUARANTEES , The subdivider shall comply with all Public Works guarantees procedures for site development, and, in addition, where appropriate, with ' site plan review guarantees required by the Planning Division. 67.603 TIME OF COMPLETION , 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 additional year where the subdivider can present substantial reasons for doing so. 67.604 INCOMPLETE IMPROVEMENTS � ' If any of the required improvements shall f ail to be acceptable , for dedication in compliance with Section 67.605 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 67.602, � 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. . ' . � 24 ' � , 67.605 INSPECTION, CERTIFICATION AND DEDICATION OF IMPROVEMENTS , The Director of Public Works shall inspect for defects in the construction of required 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 specific manner or listing the defects in those improvements. ' 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 f ree of defects, and are free and clear of any encumbrance or lien. ' The subdivider shall also file with the City Council an agreement dedicating the improvements to the city. � 67.606 RELEASE OF GUARANTEES In those cases where improvement guarantees have been made, the ! amount of the guarantee may be reduced upon acceptance, in compliance with Section 67.605 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. Upon acceptance of the dedication of the final part of the improvements ' the city shall authorize the release of the remaining guarantees. 67.700 COMPLIANCE ' � � � , � , ' 1 , 25 ' � 67.701 DISCLOSURE BY SELLER 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: (a) 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 (b) 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 f rom the municipality. In any action commenced by a buyer of such parcel against the seller, the misrepresentation of or the failure to disclose material f acts in accordance with this section � of the Ordinance 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 5� of the purchase price of the land (M.S. 462.358, Subd. 4a). 67.702 COMPLIANCE ' A. The owner, or agent of the owner, of any parcel of land located , in a proposed subdivision. shall not transf er 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 inetes and ' bounds for the purpose of sale, transfer or Tease with the intent of evading the provisions of this chapter. All such described . divisions shall be subject to the requirements herein. ' . ' . , . ' 26 ' � ' C. The previous provisions sha11 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 acres in area and 150 feet in width on January l, 1966, or was a separate parcel of not ' less than five acres in area and 300 feet in width on July 1, 1980, or is a single parcel of commercial or industrial land of not less than five 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 or more lots or parcels, any one of which is less than five acres in area or 300 feet in width, or 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 or more lots or parcels, any one of which is less than � 20 acres or 500 feet in width. 67.703 VARIANCES � ' A. Required Findings The City Council upon recommendation of the Planning Cornrnission may grant a variance to the subdivision ' regulations when compliance would create an unusual hardship to the develapment 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 welf are 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 f rom a mere inconvenience, if the strict letter of these � regulations were carried out. 6. Conditions of Variance The City Council may require cond�t�ons 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. , , � 27 ' C. Procedure for a Variance An a lication for variance shall ' PP be submitted by the subdivider at the time the subdivision is filed with the Planning Administrator. ' 67.704 ALTERNATIVE CONSTRUCTION METHODS, DESIGN STANDARDS AND REQUIRED IMPROVEMENTS ' 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. 67.705 REGISTERED LAND SURVEYS � 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 ordinance shall be subject to the provisions herein contained. All Registered Land Surveys shall be prepared in conformance with state law. 67.706 VACATION OF PLAT OR SUBDIVISION �'�� , x The City Council may vacate any plat, public street, alley, public � ground, utility easement or bouley�rd reserve in the manner provided ' in the city charter and Legislative Code. 67.707 PENALTY , 1. Any person subdividing or conveying land in violation of the provisions of this ordinance shall be guilty of a misdemeanor ' and subject to the penalties prescribed in Section 1.05 of the Legislative Code. 2. Any owner or agent of the owner of land who conveys a lot or i parcel in vio]ation of the provisions of this subdivision ordinance shall forfeit and pay to the city a penalty of lot less than ' $100 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. 67.708 RECORDING RESTRICTIONS 1 Filing and recording of conveyance of land shall be subject to the � restrictions imposed by Minnesota Statutes, Section 462.358, • Subdivisions 4a and 4b. . , . ' 28 ! � �� ����r � ., - NOTICE OF�QSI.IC SEA�IMfy Notioe is baeby�iveo tlut a pubUc he�tin� wi11 be hdd befon t6e Cit�Coun�il on the 27th d of Id I0:00 o'dock . .in the S�int P�ul City Cwncil(b�mben,City' Hall aad Court Hwu,St P�ul.Minneso4 to cansider praposed�mendments to t6e Sslnt Pau!Zonint Ordinance.Chapten BO-84 a12he . Saint P�ul Legislative Cade as tAq rdate tc SubdivWon Re�uLtlons wd an ameadmeat to(�apter Tl ot the St.Paul I.estdative Code pvtdnicK to tde iswance of hause mm�bas. 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