ITEM 3.1TPC
The Planning Company
MEMORANDUM
TO:
FROM:
DATE:
RE:
TPC FILE:
BACKGROUND
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
Otsego Planning Commission
D. Daniel Licht, AICP
31 January 2019
Otsego—Subdivision Ordinance; Design standards
101.01
ITEM 3.1
City staff has initiated housekeeping related amendments to the Subdivision related to design
standards included within the Subdivision Ordinance, off-street parking requirements within
the Zoning Ordinance, and development fee provisions of both land use regulations. A public
hearing was opened at the 4 February 2019 Planning Commission to consider the proposed
amendments. The public hearing was continued to 11 February 2019 to allow for additional
input into the proposed amendments by the City Engineer.
Exhibits:
■ Draft ordinance
ANALYSIS
City staff has undertaken a comprehensive revision of Chapter 8 of the Subdivision Ordinance.
The purpose of this update is to align the standards and requirements of these provisions with
other sections of the City Code, the Engineering Manual, and current Best Management
Practices.
■ Provisions establishing design standards for blocks and lots have been revised and
simplified based on contemporary subdivision design.
■ Provisions directly the layout of streets have been strengthened with regards to
extending streets to abutting undeveloped property or improving roadways abutting a
proposed plat.
■ Street design standards have been revised to be consistent with and reference the
requirements of the Engineering Manual, which provides detailed specifications for
street construction.
■ Specifications regarding street tangents, deflections, centerline grade, centerline curves,
and corner radii are updated to current practices.
■ A minimum depth of 150 feet is to be required for cul-de-sacs. This specification aids in
discouraging cul-de-sacs consistent with the criteria established by the Subdivision
Ordinance. The minimum depth standard also aids in street maintenance such as snow
plowing by allowing better turning movements for plow trucks.
■ Provisions guiding preparation of drainage plans have been updated to current practices
regarding current standards and practices.
■ Wetland protection provisions included in the Zoning Ordinance are incorporated into
the Subdivision Ordinance as it pertains to new subdivisions.
RECOMMENDATION
City staff recommends approval of the proposed ordinance amending to the Subdivision
Ordinance.
POSSIBLE ACTIONS
A. Motion to recommend approval of ordinances amending the City Code regarding
subdivision design standards.
B. Motion to table.
C. Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
ORDINANCE NO.: 2019 -XX
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING SUBDIVISION DESIGN
STANDARDS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Title 10, Chapter 8 of the City Code (Subdivision Ordinance - Design
Standards) is hereby amended to read as follows:
Chapter 8
DESIGN STANDARDS
10-8-1: COMPLIANCE WITH COMPREHENSIVE PLAN AND ZONING ORDINANCE:
10-8-2: LAND REQUIREMENTS:
10-8-3: BLOCKS:
10-8-4: LOTS:
10-8-5: STREETS:
10-8-6: PUBLIC UTILITIES:
10-8-7: SEWAGE DISPOSAL AND STORM DRAINAGE WITH NO CENTRAL OR
PUBLIC SERVICES:
10-8-8: AREAS SUBJECT TO FLOODING:
10-8-9: DRAINAGE:
10-8-10: EASEMENTS:
10-8-11: EROSION AND SEDIMENT CONTROL:
10-8-12: WETLANDS:
10-8-13: PROTECTED AREAS:
10-8-14: TREE PRESERVATION:
10-8-15: PARK LAND DEDICATION:
10-8-16: MAINTENANCE OF PRIVATE OPEN SPACE:
10-8-17: MINIMUM DESIGN FEATURES:
10-8-1: COMPLIANCE WITH COMPREHENSIVE PLAN AND ZONING ORDINANCE: A
proposed subdivision shall conform to the Comprehensive Plan, to related policies adopted by
the City, and to the official zoning ordinance of the City.
10-8-2: LAND REQUIREMENTS:
A. Land shall be suited to the purpose for which it is to be subdivided. No plan shall be
approved if the site is not suitable for the purposes proposed by reason of potential
flooding, topography or adverse soil or rock formation.
B. Land subject to hazards to life, health, or property shall not be subdivided until all such
hazards have been eliminated or unless adequate safeguards against such hazards are
provided by the subdivision plan.
C. Proposed subdivisions shall be coordinated with surrounding jurisdictions and/or
neighborhoods, so that the City as a whole may develop efficiently and harmoniously.
10-8-3: BLOCKS: Block length and width or acreage within bounding streets shall be
such as to accommodate the size of residential lots required in the area by the zoning ordinance
and to provide for convenient access, circulation control and safety of street traffic.
A. Length: In general, intersecting streets shall be provided at such intervals so as to serve
cross traffic adequately and to meet existing streets. Where no existing plats control, the
blocks in residential subdivisions should not exceed one thousand two hundred feet
(1,200') nor be less than three hundred feet (300') in length, except where topography or
other conditions justify a departure from this minimum. In blocks longer than nine hundred
feet (900'), thirty foot (20') wide outlots and/or easements through the block for pubic trails
may be required in locations deemed necessary for the public health, convenience and
necessity.
B. Width: The width of the block shall normally be sufficient to allow two (2) tiers of lots of
minimum depth as required by the zoning ordinance except adjoining a lake, stream, river,
railroad or arterial or where one tier or lot is necessary because of topographic conditions.
Blocks intended for business or industrial uses shall be of such width as to be considered
most suitable for their respective use, including adequate space for off street parking,
deliveries and loading. Such facilities shall be provided with safe and convenient limited
access to the street system.
10-8-4: LOTS:
A. Minimum Dimensions: The minimum lot area, width and depth shall not be less than that
established by the zoning ordinance in effect at the time of adoption of the final plat.
B. Side Lot Lines: Side lines of lots shall be at right angles to street lines, radial to curved
street lines, or radial to lake or stream shores unless topographic conditions necessitate
a different arrangement or the City Engineer finds such deviation acceptable.
C. Double Frontage Lots:
Double frontage, or lots with frontage on two (2) parallel or nonintersecting streets,
shall not be permitted, except:
a. Where lots back on arterial or collector streets; or
b. Where topographic or other conditions render subdividing otherwise
unreasonable.
2. Such double frontage lots shall have an additional depth of at least ten feet (10')
or a reserve strip shall be created in order to allow space for screen planting along
the rear lot line.
D. Setback Lines: Setback or building lines shall be shown on all lots and shall not be less
than the setback required by the zoning ordinance.
E. Building Sites: Each lot shall provide an adequate building site at least eighteen inches
(18") above the top of the adjacent curb unless approved by the City Engineer upon the
basis of plans submitted showing alternative, acceptable surface drainage measures.
F. Watercourses: Lots abutting a watercourse, wetland, ponding area, drainageway,
channel, or stream shall have additional depth and width, as required to comply with the
approved drainage plan for the subdivision and to meet the provisions of the City zoning
ordinance to assure building sites that are not subject to flooding.
G. River Frontage Lots: River frontage lots shall be designed so that the lot lines extended
shall maintain the closest approximation to riparian rights.
H. Features: In the subdividing of any land, due regard shall be shown for all natural features,
such as tree growth, watercourses, historic spots or similar conditions which, if preserved,
will add attractiveness and stability to the proposed development.
Lot Remnants: All remnants of lots below minimum size for the respective zoning district
in which they are located must be added to abutting lots or lots immediately adjoining. For
remnants separated by a public right-of-way, the lot remnants shall be designated an
outlot. Lot remnants may be allowed if a plan for future use is found acceptable by the City
Council.
Outlots: The creation of outlots is to be discouraged. In such cases where outlots are
created or exist, their area shall not be utilized in calculating minimums for buildable lot
area requirements.
K. Access: Each lot shall directly access a public street. In cases where special conditions
require an alternative means of access, it shall be subject to the review and approval of
the City Council.
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L. Turnaround Access: Where proposed residential lots abut an arterial or collector street,
they shall be platted in such a manner as to encourage turnaround access and egress on
each lot and discourage direct access onto such streets.
M. Access To Arterial Streets And Major Collector Streets: In the case where a proposed plat
is adjacent to a limited access highway, other major highway, or other arterial street, said
streets to be defined by the City Comprehensive Plan, there shall be no direct vehicular
access from individual lots to such streets and roads. In the platting of small tracts of land
fronting on limited access highways or arterial streets where there is no other alternative,
a temporary entrance may be granted, subject to terms and conditions defined by the City
Council and applicable County or State agencies. As neighboring land becomes
subdivided and more preferable access arrangements become possible, such temporary
access permits shall become void.
N. Access To Minor Collector Streets: Direct vehicular access from individual lots to minor
collector streets shall be prohibited where determined necessary by the City Engineer.
O. Political Boundaries: Where a singular plat extends over school district boundaries, no
individual lot may extend over said school district boundary.
10-8-5: STREETS:
A. General Provisions:
Proposed streets shall conform to State, County and City transportation plans that
have been prepared, adopted and/or filed as prescribed by law.
2. Local streets shall be logically related to the topography, so as to produce usable
lots and reasonable grades and to discourage their use by through traffic.
3. The arrangement of arterial and collector streets shall be considered in their
relation to the reasonable circulation of traffic, to topographic conditions, to runoff
of stormwater, to public convenience and safety, to their appropriate relationship
to the proposed uses of the area to be served.
4. Access shall be given to all lots and portions of the tract in a subdivision and to
adjacent unsubdivided parcels, unless the topography clearly indicates that such
connection is not feasible. Reserve Strips: Reserve strips controlling access to
streets shall be prohibited except under conditions accepted by the City Council.
5. When a tract is subdivided into larger than normal building lots or parcels which
have the potential for further subdivision with the installation of public utilities, such
lots or parcels shall be so arranged as to permit the logical location and openings
of future streets and appropriate resubdivision, with provision for adequate utility
connections for such resubdivision.
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6. Dead end streets shall be prohibited, except as to permit future street extension
into adjoining tracts with temporary cul-de-sacs, or when designed as cul-de-sac
streets.
7. Future Streets:
a. The arrangement of streets in new subdivisions shall make provision for
the appropriate continuation of existing streets in adjoining areas and
construction of said streets shall be at least to the boundary of the plat.
b. The street design shall not be such as to cause hardship to adjoining
property in platting of the land and providing convenient access thereto.
b. A temporary turnaround facility shall be provided at the closed end of a
street to be extended, in conformance with Section 10-6-5.13 of this section.
B. Street Design:
Widths: Street right-of-way widths shall be as determined in the Comprehensive
Plan and official map, and where applicable, shall conform to County and State
standards for trunk highways. In cases where no standard is provided, the
following minimum standards shall apply:
2. Additional Widths: Additional right-of-way and roadway widths may be required by
the City Engineer to promote public safety and convenience when special
conditions, such as turn and/or by-pass lanes, require it.
3. Street Sections: The street section shall comply with design standards as set forth
in the City Engineering Manual and all street designs are subject to the review and
approval of the city engineer.
4. Intersections:
a. Insofar as practical, streets shall intersect at right angles. In no case shall
the angle formed by the intersection of two (2) streets be less than seventy
five degrees (75°). Intersections having more than four (4) corners shall be
prohibited. Adequate land for future intersections and interchange
construction needs shall be dedicated.
b. Street intersections with centerline offsets of less than two hundred feet
(200') shall be prohibited.
C. Intersections of local streets onto collector streets shall be discouraged at
intervals of less than five hundred feet (500').
d. Intersections of local streets onto arterial streets shall be discouraged at
intervals of less than six hundred sixty feet (660').
5. Tangents: A tangent of at least one hundred feet (100') shall be introduced
between reverse curves on arterial and collector streets.
6. Deflections: When connecting street lines deflect from each other at one point by
more than ten degrees (100), they shall be connected by a curve with a radius
adequate to ensure a sight distance of not less than five hundred feet (500') for
arterials, three hundred feet (300') for collectors, and two hundred feet (200') for
all other streets. The City Council may allow greater or lesser sight distances.
7. Centerline Gradients: All centerline gradients shall be at least sixth -tenths percent
(0.6%) and shall not exceed the following:
a. Arterials and collector streets: Seven percent (7%).
b. Local streets and frontage roads: Seven percent (7%).
8. Centerline Curvature: The minimum horizontal curvature of streets shall be in
accordance with the MnDOT Highway Design Manual for the type of street and
design speed. The minimum curvature shall be a two hundred fifty foot (250')
radius, except that a 90 foot radius may be allowed subject to approval by the City
Engineer.
9. Corner Radii:
a. Local street intersections shall be rounded by a radius of not less than
twenty feet (20') with the right-of-way rounded by a 5' radius.
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b. Corners at entrances to the turnaround portions of cul-de-sacs shall be
rounded by a radius of not less than sixty feet (60').
Corner radius for a local street to arterial and collector streets shall be not
less than thirty feet (30') with the right-of-way rounded by a 15' radius.
10. Existing Streets: Where a subdivision abuts or contains an existing street of
inadequate width, sufficient additional width shall be provided to meet the
standards of this title.
11. Half Streets: Half streets shall be prohibited except where it will be practical to
require the dedication of the other half when the adjoining property is subdivided,
in which case, the dedication of a half street may be permitted. The probable time
elapsing before dedication of the remainder shall be considered in this decision.
All undeveloped lots, outlots or parcels having access only from a half street are
prohibited from being eligible for building permits except as may be allowed by the
zoning ordinance.
12. Streets In Flood Hazard Areas: No street shall be approved if its final surface is at
a lower elevation than two feet (2') below the regulatory flood protection elevation.
The City Council may require profiles and elevations of finished streets for areas
subject to flooding. Fill may be used for streets, provided such fill does not unduly
increase flood heights and provided any such fill would not result in a stage
increase violating the requirements of Minnesota Statutes chapters 104 and 105,
as such chapters may be amended, supplemented, or replaced from time to time,
and any applicable requirements imposed by the Federal Emergency
Management Agency pursuant to its rules and regulations. Drainage openings
shall not restrict the flow of water so as to unduly increase flood heights and
provided any such drainage opening would not violate the requirements of
Minnesota Statutes chapters 104 and 105, as such chapters may be amended,
supplemented, or replaced from time to time, and any applicable requirements
imposed by the Federal Emergency Management Agency pursuant to its rules and
regulations.
13. Street Designation: Streets shall be designated pursuant to established City and
County standards. The following policies may be generally applied when
designating awkward street and avenue configurations.
a. Cul-de-sacs shall assume the designation of the street they intersect and
be designated as court or circle.
b. No street names shall be used that will duplicate or be confused with the
names of existing streets.
C. Loops shall be designated avenues, streets or a combination of both,
depending on the depth of the configuration. Generally, the longer the
length or depth, the greater the applicability for a separate street and
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avenue designation. For short loops, the word "circle" shall be used to
indicate the configuration.
d. Names of new streets shall not duplicate existing or platted street names,
unless a new street is a continuation of or in alignment with the existing or
platted street. In that event, it shall bear the same name of the existing or
platted street. Street names shall conform to the City's Street Naming and
Property Numbering System as applicable.
14. Dedication: All proposed streets shown on the plat shall be in conformity to City,
County and State plans and standards and be offered for dedication as public
streets unless otherwise determined by the City Council.
C. Cul -De -Sac Streets:
Permanent Cul-de-sac streets shall only be allowed where one or more of the
following criteria have been met:
a. Area topography or other physical site conditions warrant a dead end street
design.
b. A through street is not physically feasible.
Lots on the cul-de-sac turnaround shall exceed the zoning district minimum
lot width (frontage) requirement by twenty five percent (25%).
2. Cul-de-sac streets permanently designed as such shall not be less than one
hundred fifty (150') feet or exceed five hundred feet (500') in length, including a
terminal turnaround which shall be provided at the closed end, with a right-of-way
radius of not less than sixty feet (60'). The length shall be measured along the
centerline from the nearest intersection to the center point of the cul-de-sac.
Temporary Cul -De -Sacs:
a. Where a street is terminated pending future extension in conjunction with
future subdivision and there is more two (2) dwelling units accessed
between the dead end and the nearest intersection, a temporary
turnaround shall be provided at the closed end in conformance with cul-de-
sac requirements.
b. A temporary cul-de-sac shall be placed inside a temporary roadway
easement if it is located outside street right of way.
C. A temporary cul-de-sac shall be located within a side or rear yard, versus
a front yard, wherever practical.
d. A temporary cul-de-sac shall not have concrete curb and gutter, and the
construction standards shall be established by the City Engineer.
D. Sidewalks and Trails:
The subdivider shall provide for adequate pedestrian movement within the
subdivision, along the subdivision, and to adjoining property shall be provided in
compliance with the Comprehensive Plan, policies established by the City Council,
and this section.
2. Sidewalks:
a. Concrete sidewalks shall be constructed along one side of all local
residential streets.
b. Concrete sidewalks shall be constructed along both sides of residential
minor collector streets and commercial/industrial/institutional streets,
except where a trail is determined to be required by the City.
C. A sidewalk shall not be required along cul-de-sac streets unless necessary
to provide access to a public park, open space, or other sidewalk or trail.
3. Trails shall be constructed along collector streets, arterial streets, and other
roadways as designated by the Comprehensive Plan.
4. Construction of sidewalks or trails shall be in compliance with the specifications
established by the Engineering Manual, subject to approval of the City Engineer.
10-8-6: PUBLIC UTILITIES:
A. Water Supply: Extensions of the public water supply system, when available, shall be
designed so as to provide public water service to each lot.
B. Sewage Disposal: Extension of the public sanitary sewer system, when available, shall be
designed so as to provide public sewer service to each lot.
10-8-7: SEWAGE DISPOSAL WITH NO CENTRAL OR PUBLIC SERVICES: In areas
being platted without central or public sewers, the on site sewer system, including the size and
relative location of same, shall be in conformance with City, State and Federal requirements
including specifically any FEMA rules and regulations pertinent to on site sewer and water. When
such requirements conflict, the most restrictive shall apply. In addition to those standards, the
following requirements shall also apply unless in conflict with a more restrictive requirement
referenced above:
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A. The subdivision shall be subject to soil and percolation tests being made to determine
whether or not the lot sizes proposed will meet minimum standards of health and sanitation
due to limitations of soils as shown on existing soils maps. Such tests shall be made at
the expense of the applicant, and a sketch map shall be submitted with the preliminary
plat to identify the specific locations where tests were made.
B. No cesspools or seepage pits shall be allowed.
C. The City may prohibit installation of sewage disposal facilities requiring soil absorption
systems where such systems will not function due to high groundwater, flooding, or
unsuitable soil characteristics.
10-8-8: AREAS SUBJECT TO FLOODING:
A. Conditions In Flood Hazard Areas: All developments in flood hazard areas shall include:
Construction and modification of sewage, water supply, and drainage facilities to
meet the standards of this Code to promote the health, safety and general welfare.
2. Construction of channel modifications, dikes, levees and other protective
measures to include filling in.
3. Establishment of flood warning systems.
4. Imposition of operational controls, sureties and deed restrictions enforceable by
the City to restrict the type and design of uses. Such restrictions shall include
floodproofing of intended uses mandated by the Minnesota State Building Code.
Structurally dry floodproofing standards for construction shall be in accordance
with the Minnesota State Building Code.
B. Warning Signs In Flood Prone Areas: The limits of the areas which have been or would
be inundated by the 100 -year flood shall be delineated as reasonably practical at three
hundred foot (300') intervals by means of firmly placed markers of sufficient size to be
easily read from a distance of twenty feet (20'). The markers shall record the maximum
known depth of flooding or height to the flood protection level, whichever is greater. All
flood warning signs in flood prone areas shall be in accordance with the above
requirements or any other additional requirements as provided by the use of the 100 -year
flood profile and other supporting technical data in the Flood Insurance Study and the
Flood Insurance Rate Map. The subdivision markers shall meet the following
specifications:
The markers shall be on substantial permanent metal posts.
2. The marker(s) shall have notification painted white and shall be stenciled or
otherwise lettered with the inscription "100 -year flood elevation". This lettering is
to be of a permanent nature.
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3. The marker shall be firmly placed in the ground and be at least two feet (2') above
the ground.
4. The cost of preparing and installing such markers shall be the responsibility of the
subdivider, and the markers shall be installed prior to the sale of lots and
construction of any buildings or structures.
10-8-9: DRAINAGE: A complete and adequate drainage system design in compliance
with local and regional drainage plans, Title 9, Chapter 7 of this Code, and Otsego Engineering
Manual shall be required for the subdivision and may include a storm sewer system or system of
open ditches, culverts, pipes, catch basins and ponding areas, or a combination thereof.
A. Stormwater drainage facilities shall be provided and design to meet all Minnesota Pollution
Control Agency National Pollutant Discharge Elimination System (NPDES) and Municipal
Stormwater (MS4) requirements.
B. Stormwater drainage facilities, where required, shall be designed to convey the flow of
surface waters without damage to persons or property. The system shall ensure
drainage at all points along streets, and provide positive drainage away from buildings
and on site waste disposal to accommodate frequent floods. The facilities shall be
designed to protect against surface erosion and siltation of surface water and to prevent
the discharge of excess runoff onto adjacent properties.
C. All developments are responsible for control of surface or stormwater to equal or
improve predevelopment conditions:
Developmental drainage systems shall be provided that accept flow from
upstream areas, that control, convey, and pond developmental runoff, that limit
outflow to the natural predevelopment rate, and that do not have detrimental
impacts on downstream properties.
2. All pipe conveyance shall be to 10 -year design return frequency.
3. Flood protection shall be provided for 100 -year design return frequency. Flood
protection for public and personal property shall be one and one-half feet (1.5')
plus any encroachment above the floodplain.
4. All ponding, detention or retention shall be designed for 100 -year frequency
storm condition with a positive outlet. All storm runoff shall be calculated by the
Soil Conservation Service Method TR55 using Atlas 14 storm events.
10-8-10: EROSION AND SEDIMENT CONTROL: The following guidelines shall be applied
in the subdivision:
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A. Erosion and sediment control devices and Best Management Practices shall be provided
for all soil disturbing activities in accordance with Title 9, Chapter 7 of this Code and
Minnesota Pollution Control Agency requirements.
B. The development shall conform to the natural limitations presented by topography and soil
so as to create the least potential for soil erosion.
C. Land shall be developed in increments of workable size such that adequate erosion and
siltation controls can be provided as construction progresses. Appropriate control
measures shall be installed prior to development when necessary to control erosion. The
smallest practical area of land shall be exposed at any one period of time.
D. When soil is exposed, the exposure shall be for the shortest feasible period of time, as
specified in the development agreements.
E. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over
the areas to be planted. The soil shall be restored to a minimum depth of four inches (4")
or a depth as may be established by the City Engineer and shall be of a quality at least
equal to the soil quality prior to development.
F. Natural vegetation shall be protected wherever possible.
G. The City shall have the authority to remove the topsoil for its own purposes from all
dedicated streets within its corporate boundaries. Said topsoil shall be utilized in the
development project from which it is taken unless otherwise specified as part of a
development agreement.
G. All erosion and sediment control measures shall comply with Title 9, Chapter 6 of this
code.
10-8-11: WETLANDS: The following requirements shall be the minimum protection for
natural wetlands:
A. Runoff must not be discharged directly into wetlands without appropriate quality and quantity
runoff control, depending on the individual wetland's vegetation sensitivity, subject to
approval of the City Engineer.
B. Wetlands must not be drained or filled, wholly or partially, unless replaced by either restoring
or creating wetland areas of at least equal public value. Compensation, including the
replacement ratio and quality of replacement, should be consistent with the requirements
outlined in the rules adopted by the Board of Water and Soil Resources to implement the
Wetland Conservation Act of 1991, as amended.
C. Work in and around wetlands must be guided by the following principles in descending order
of priority:
Avoid both the direct and indirect impact of the activity that may destroy or diminish
the wetland.
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2. Minimize the impact by limiting the degree or magnitude of the wetland related
activity and its implementation.
3. Rectify the impact by repairing, rehabilitating, or restoring the affected wetland
environment with one of at least equal public value.
4. Reduce or eliminate the adverse impact over time by preservation and maintenance
operations during the life of the activity.
5. Compensate for the impact by replacing or providing approved substitute wetland
resources or environments.
D. A protective buffer of natural vegetation at least twenty feet (20') wide from the delineated
edge at the time of development shall surround all wetlands within parcels preliminarily
platted, developed, or redeveloped after October 14, 2002. The City Engineer may require a
larger buffer than the minimum based upon site specific design issues. The design criteria
should follow common principles and the example of nearby natural areas. The site should
be examined for existing buffer zones and mimic the slope structure and vegetation as much
as possible.
Grading, construction, or vegetation alteration/disturbance within this buffer is
prohibited.
2. Buffer design and protection during construction shall accomplish any or all of the
following:
a. Slow water runoff.
Enhance water infiltration.
C. Trap sediment, fertilizers, pathogens, heavy metals, blowing snow and soil,
and act as corridors for wildlife.
d. Drain tiles shall be identified and rendered inoperable.
3. The wetland and buffer shall be platted as an outlot deeded to the City.
E. Basins established for stormwater drainage purposes are exempt from the provisions of this
section.
10-8-12: EASEMENTS: All easements shall be dedicated by appropriate language on the
final plat as required by law and provisions of this title.
A. Drainage And Utility Easements: Easements of a minimum of ten feet (10') wide or a width
equal to the required side yard setback established by the respective zoning district in
which the property is located, whichever is least, centered on rear and other lot lines, shall
be provided for drainage and for public and private utilities. Lot easements shall be a
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minimum of ten feet (10') when no easement exists on the adjoining parcels. When it is
not practical to center easements, the fully required easement width may be required
along one property line. Said easements shall have continuity of alignment from block to
block. The easements, when approved, shall not thereafter be changed without the
approval of the City Council pursuant to established City Code procedures, as amended.
B. Drainage Easements: Easements shall be provided along each side of the centerline of
any natural watercourse or drainage channel to a width sufficient to provide proper
maintenance and protection and to provide for stormwater runoff. Where necessary,
drainage easements corresponding with lot lines shall be provided. Such easements for
drainage purposes shall not be less than twenty feet (20') in width or a width equal to the
required side yard setback established by the respective zoning district in which the
property is located, whichever is less.
C. Sight Easements: Sight easements beyond required zoning setback regulations may be
required by the City, Wright County, and/or Minnesota Department of Transportation to
protect major intersections on the street and highway system.
D. Outlot Alternative: For single- and two-family lot subdivisions not platted as base and unit
lots or for other land uses as determined by the City, stormwater basins, drainageways,
wetlands, and wetland buffers water bodies or other natural features subject to dedication
of easements in accordance with this chapter shall instead be included within outlots
having access to a public street as determined necessary by the City Engineer.
10-8-13: PROTECTED AREAS:
A. Where land proposed for subdivision is deemed environmentally sensitive by the City, due
to the existence of wetlands, drainageways, watercourses, floodable areas, vegetation, or
steep slopes, the design of said subdivision shall clearly reflect all necessary measures of
protection to ensure against adverse environmental impact.
B. Based upon the necessity to control and maintain certain sensitive areas, the City shall
determine whether said protection will be accomplished through lot enlargement and
redesign or dedication of those sensitive areas in the form of outlots.
C. In general, measures of protection shall include design solutions that allow for construction
and grading involving a minimum of alteration to sensitive areas. Such measures, when
deemed appropriate by the city, may include, but shall not be limited to, the following:
1. The enlargement of lots or redesign of the subdivision.
2. The establishment of buffers designed consistent with adopted management
plans, easements and/or outlots over wetlands, drainageways and watercourses.
3. The implementation of flood control measures, including stormwater basins and
infiltration design standards as specified in adopted management plans.
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4. The submission of a tree preservation plan subject to the review of the parks,
recreation, and natural resources committee and the approval of the city council.
5. The utilization of appropriate erosion control measures subject to approval by the
city engineer.
6. Soil testing to determine the ability of the proposed subdivision to support
development.
7. The limitation of development on slopes steeper than four -to -one (4:1), except
where slopes of three -to -one (3:1) are approved by the City Engineer.
10-8-14: TREE PRESERVATION: The following process for preserving significant trees
shall be required for subdivisions:
A. Subdividers and home builders on custom graded lots are encouraged to preserve all
healthy trees of significant value even if the trees are less than six inches (6") in diameter.
B. Subdividers:
1. Subdividers shall:
a. Prepare a tree preservation plan which shall be incorporated on the grading
plan.
b. Ensure the tree preservation plan is followed during the plan development
(mass grading).
C. Submit a five hundred dollar ($500.00) security for the preparation of
individual lot tree preservation plans for each mass graded lot with at least
one significant tree to be saved and for each custom graded lot with at least
one significant tree. The security will be included in the development
contract.
2. The tree preservation plan must be certified by a forester or landscape architect
indicating on the plan the following items:
a. Mass graded areas.
b. Custom graded lots approved as part of the overall grading and drainage
plans.
C. Size, species, and location of all significant trees within the construction
areas impacted by grading.
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d. Identification of all significant trees proposed to be saved and significant
trees proposed to be removed.
e. Measures proposed to protect significant trees shall include, but are not
limited to:
(1) Installation of snow fencing or polyethylene laminar safety netting
at the drip line.
(2) Placing fill against the trunk of the tree, on the root crown, and under
the drip line of the tree shall be prohibited.
(3) Installation of erosion control measures.
(4) Prevention of change in soil chemistry due to concrete washout and
leakage or spillage of toxic materials such as fuels or paints.
(5) Pruning of oak trees must not take place from April 15 through July
1. If wounding of oak trees occurs, a nontoxic tree wound dressing
must be applied immediately. Excavators must have a nontoxic tree
wound dressing with them on the development site.
3. During preliminary plat review, the tree preservation plan will be reviewed
according to the best available layout to preserve significant trees and the efforts
of the subdivider to mitigate damage to significant trees. If two (2) or more trees
are preserved on each lot (preferably the front yard of the lot), the landscape plan
requirements of two (2) 2 -inch caliper trees is waived.
4. The subdivider shall provide a financial guarantee as part of the development
contract to ensure protection of all significant trees which were to have been saved
but were actually destroyed or damaged. The subdivider shall provide a financial
security for each mass graded lot with at least one significant tree to be saved and
a financial security for each custom graded lot with at least one significant tree as
part of the development contract to ensure tree protection. The financial security,
generally one thousand dollars ($1,000.00) per lot, will be determined by the
Zoning Administrator based on the number and size of trees to be saved. The
security will be included in the erosion control section of the development contract.
5. After the mass grading has been completed and streets and utilities installed, the
forester or landscape architect shall:
a. Certify in writing to the City the tree preservation plan was followed.
b. Certify in writing to the City the tree protection measures were installed.
C. Indicate which significant trees proposed to be saved have been destroyed
or damaged.
6. If a significant tree indicated to be saved on the tree preservation plan is destroyed
or damaged, the tree replacement policy will be enforced by the City in accordance
with Section 10-8-13.D of this section.
7. The financial security will be released upon:
a. Certification in writing by the forester or landscape architect indicating that
tree protection measures were installed on mass graded lots and tree
replacement is completed; and/or.
b. The builders have posted security for the custom graded lots. The location
of the trees being replaced will be determined on the individual lot tree
preservation plan.
8. Tree preservation measures shall require written approval from the City Engineer
prior to removal and shall not be removed from the site until the City Engineer has
approved the grading as built plans for a mass graded site nor prior to the release
of financial securities held by the City.
C. Home Builders on Custom Graded Lots:
The City will require an individual lot tree preservation plan prepared and
incorporated on the required site survey for each custom graded lot with at least
one significant tree. The plan shall be consistent with the original tree preservation
plan for the plat. The homeowner, builder and the forest or landscape architect
shall meet prior to the development of the individual lot tree preservation plan to
determine the placement of the home where the fewest significant trees would be
destroyed or damaged. The builder will be responsible for ensuring the tree
preservation plan is followed during building construction. On mass graded lots
with at least one significant tree to be saved, builders are required to follow the
tree preservation plan for the plat.
2. The individual lot tree preservation plan must be certified by a forester or
landscape architect and signed by the homeowner in accordance with the
provisions outlined in Section 10-8-13.8.2 of this Section.
3. Home builders will be required to furnish the following items for tree preservation
at the time the building permit application is submitted for all lots with at least one
significant tree:
a. Security of one thousand dollars ($1,000.00) per lot per tree for protection
requirements.
b. Certification from a forester or landscape architect indicating tree protection
measures are installed.
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C. Builders are liable for subcontractors which destroy or damage significant
trees which were indicated to be saved on the individual lot tree
preservation plan.
4. Building inspectors will monitor the tree protection measures at the time of routine
inspections.
5. Prior to the issuance of a certificate of occupancy and release of tree preservation
security, the forester or landscape architect shall certify to the City in writing that
all the tree protection measures identified on the tree preservation plan were
installed from the start of construction to the end of construction and tree
replacement is completed, is necessary.
D. Tree Replacement Policy:
Subdividers and builders shall be required to replace the significant trees which
were indicated on the tree preservation plan to be saved but ultimately were
destroyed or damaged. The subdivider and builder shall be required to replace
each of the significant trees destroyed or damaged with two (2) replacement trees.
Replacement trees must consist of nursery stock and be no less than the following
sizes:
a. Deciduous trees: No less than two inches (2") in diameter.
b. Coniferous trees: No less than six feet (6) high.
2. Replacement trees shall be species similar to the trees which were destroyed or
damage and can include those species shown on the following table:
Common Name
Scientific Name
Deciduous trees:
r
Birch
Ginkgo (male only)
Green ash
Hackberry
Honey locust
l
Kentucky coffee tree
Linden (Basswood)
�—
Maple
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3. Replacement trees shall not be placed on easements or street rights-of-way. If tree
replacement is required on the individual lot because the builder destroyed or
damaged a tree which was to be saved, the forester or landscape architect shall
determine where the replacement trees shall be installed.
10-8-15: PARK DEDICATION:
A. As a condition of subdivision approval, subdividers shall dedicate a reasonable portion of
the buildable land, excluding only existing wetlands and right-of-way for arterial or collector
roadways, in the proposed subdivision for conservation purposes or for public use as
parks, recreational facilities as defined and outlined in Minnesota statutes section 471.191,
playgrounds, trails, wetlands, or open space; provided that the city may choose to accept
an equivalent amount in cash for part or all of the portion required to be dedicated based
on the fair market value of the land at the time of final approval.
B. The land dedicated for parks and trails shall be in addition to property dedicated for streets,
easements, or other public ways. Land to be dedicated shall be reasonably suitable for its
intended use as determined by the City and shall be at a location convenient to the public
to be served. Factors used in evaluating the adequacy of proposed park and recreation
areas shall include size, shape, topography, geology, hydrology, tree cover, access and
location. Areas of wetlands, ponding areas, and drainageways accepted by the City shall
not be considered in the park land dedicated to the City.
C. The applicant shall confer with City staff and the Parks and Recreation Commission at the
time the preliminary plat is under consideration, to secure a recommendation as to the
location of any property that should be dedicated to the public, such as parks, playgrounds
or other public property. The preliminary plat shall show the location and dimensions of all
areas to be dedicated in this manner. Such contribution requirement recommendation(s)
will be sent to the Planning Commission for review and comment and subsequently to the
City Council for their approval.
D When a proposed park, playground, recreational area, or other public ground has been
indicated in the City's official map or Comprehensive Plan and is located in whole or in
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Oak
F
Coniferous trees:
Austrian pine
Pinus nigra
r-
Black Hills spruce
Picea abies
Colorado blue and green spruce
Picea pungens
Fir
[Abie (all varieties)/pseudotsuga
White pine
Pinus strobus
3. Replacement trees shall not be placed on easements or street rights-of-way. If tree
replacement is required on the individual lot because the builder destroyed or
damaged a tree which was to be saved, the forester or landscape architect shall
determine where the replacement trees shall be installed.
10-8-15: PARK DEDICATION:
A. As a condition of subdivision approval, subdividers shall dedicate a reasonable portion of
the buildable land, excluding only existing wetlands and right-of-way for arterial or collector
roadways, in the proposed subdivision for conservation purposes or for public use as
parks, recreational facilities as defined and outlined in Minnesota statutes section 471.191,
playgrounds, trails, wetlands, or open space; provided that the city may choose to accept
an equivalent amount in cash for part or all of the portion required to be dedicated based
on the fair market value of the land at the time of final approval.
B. The land dedicated for parks and trails shall be in addition to property dedicated for streets,
easements, or other public ways. Land to be dedicated shall be reasonably suitable for its
intended use as determined by the City and shall be at a location convenient to the public
to be served. Factors used in evaluating the adequacy of proposed park and recreation
areas shall include size, shape, topography, geology, hydrology, tree cover, access and
location. Areas of wetlands, ponding areas, and drainageways accepted by the City shall
not be considered in the park land dedicated to the City.
C. The applicant shall confer with City staff and the Parks and Recreation Commission at the
time the preliminary plat is under consideration, to secure a recommendation as to the
location of any property that should be dedicated to the public, such as parks, playgrounds
or other public property. The preliminary plat shall show the location and dimensions of all
areas to be dedicated in this manner. Such contribution requirement recommendation(s)
will be sent to the Planning Commission for review and comment and subsequently to the
City Council for their approval.
D When a proposed park, playground, recreational area, or other public ground has been
indicated in the City's official map or Comprehensive Plan and is located in whole or in
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part within a proposed plat, it shall be dedicated to the appropriate governmental unit. If
the applicant elects not to dedicate an area in excess of the land required hereunder for a
proposed public site that the City feels is in the public interest to acquire, the City may
consider acquiring the excess land through purchase or condemnation.
E. Land area conveyed or dedicated to the City shall not be used in calculating density
requirements of the City zoning ordinance and shall be in addition to and not in lieu of
open space requirements for planned unit developments.
F. Where private open space for park and recreation purposes is provided in a proposed
subdivision, such areas shall not be used for credit against the requirement of dedication
for park and recreation purposes, unless the City Council finds it is in the public interest to
do so.
G. The City, upon consideration of the particular type of development, may require that a
lesser parcel of land should be dedicated due to particular features of the development.
In such cases, a cash contribution shall be required above the land dedication to ensure
that compensation is received for the full amount of the impact on the City's park and trail
system.
H. Land Dedication:
In residential subdivisions where land dedication is to be required, the following
table will be used to determine the dedication requirement:
2. In all commercial, industrial or institutional subdivisions where land dedication is
required, ten percent (10%) of the buildable area of the land being subdivided shall
be dedicated for public parks, trails, or open space.
When a subdivision is proposed, the developer shall make a dedication of land for public
park use, or the City may require a fee as set forth in section 3-1-2 of this Code in lieu of
such land dedication, which is the City's best estimate of the effect of the subdivision on
the City's park system.
K. The City may elect, at its sole discretion, to receive land, a cash fee in lieu of land, or a
combination of cash, land, and development of the land for park use. The potential cash
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donation generated by the dedicated land and/or the value of the development of land
shall be calculated. That amount shall be subtracted from the cash contribution required
by subsection I of this section.
L. Planned unit developments with mixed land uses shall make cash and/or land
contributions in accordance with this section based upon the percentage of land devoted
to the various uses.
M. Park cash contributions are to be calculated and established at the time of final plat
approval. The Council may require the payment at the time of final plat approval or at a
later time under terms agreed upon in the development agreement. Delayed payment may
include interest at a rate set by the City.
N. Cash contributions for parks and trails shall only be used for park acquisition or
development and trail acquisition or development as determined by the City anywhere
within the City park and trail systems.
O. Property being replatted with the same number of lots and same number of dwelling units
shall be exempt from all park land dedication requirements. If the number of lots or the
number of dwelling units is increased, or if land outside the previously recorded plat is
added, then the park land dedication and/or park cash contributions shall be based on the
additional lots and on the additional land being added to the plat. If the additional land
does not create additional lots, then each one-third ('/s) acre added shall be considered a
new lot for purposes of calculating the dedication requirements.
P. When land is dedicated and deeded to the City for park purposes, it shall be the
responsibility of the City to maintain such dedicated property.
Q. Land dedication to the City shall be in the form of lots or outlots.
R. If the applicant or developer does not believe that the estimates contained in this section
fairly and accurately represent the effect of the subdivision on the park or trail system of
the City, the applicant or developer may request that the City prepare an in depth study of
the effect of the subdivision on the park and trail system and an estimate of that effect in
money and/or land. All costs of such study shall be borne by the developer or applicant. If
the developer or applicant requests the preparation of such a study, the request must be
made at the time the development application is submitted. No application for
development that is submitted shall be deemed complete until the requested study has
been completed and a determination is made as to the appropriate amount of land or
money necessary to offset the effects of the subdivision.
10-8-16: MAINTENANCE OF PRIVATE OPEN SPACE: In the event certain land areas or
structures are provided within the subdivision for private recreational use or as service facilities,
the owner of such land and buildings shall enter into an agreement with the City to assure the
continued operation and maintenance to a predetermined reasonable standard. These common
areas may be placed under the ownership of one of the following depending upon which is most
21
appropriate:
A. Dedicated to the public where a communitywide use would be anticipated;
B. Applicant's ownership and control; or
C. Property owners' association ownership and control, provided all of the following
conditions are met:
1. The property owners' association must be established prior to the sale of any lot;
2. Membership must be mandatory for each owner and any successor in interest;
3. The open space restrictions must be in perpetuity not for a given period of years;
4. The association must be responsible for liability insurance, local taxes and the
maintenance of the recreational area and facilities;
5. Landowners (homeowners) must pay their prorated share of the cost and any
assessment levied by the association that can become a lien on the property in
accordance with law; and
6. The association must be able to adjust the assessment to meet changed needs.
10-8-17: MINIMUM DESIGN FEATURES: The design features set forth in this chapter are
minimum requirements. The City may impose additional or more stringent requirements
concerning lot size, streets, and overall design as deemed appropriate considering the property
being subdivided based upon site considerations and the Comprehensive Plan.
Section 2. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
K11
ADOPTED by the City Council of the City of Otsego this 25th day of February,
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ATTEST:
Tami Loff, City Clerk
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CITY OF OTSEGO
AW
Jessica L. Stockamp, Mayor