ORD 19-06ORDINANCE NO.: 2019-06
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:
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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.
J. 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.
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:
1. 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:
Street ;Right
-Of -Way Width
Paved Roadway Width
Back of Curb to
Back of Curb
Industrial /Commercial Collector'(10�0 feet j 56 feet
Industrial/Commercial Local [8O feet 46 feet
[MSA Collector j[80
feet
Per MSA Rules for Urban
Or Suburban street.
Major Collector
[6R feet
46 feet
Minor Collector
66 feet !
36 feet
Local Residential 60 feet
28 feet
Local Rural Cluster
60 feet iF24
feet
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.
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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 (10°), 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').
C. 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
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length or depth, the greater the applicability for a separate street and
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.
C. 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.
3. 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.
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:
1. 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:
1. 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:
1. The markers shall be on substantial permanent metal posts.
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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.
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:
1. 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.
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10-8-10: EROSION AND SEDIMENT CONTROL: The following guidelines shall be
applied in the subdivision:
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:
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Avoid both the direct and indirect impact of the activity that may destroy or diminish
the wetland.
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.
1. 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.
b. 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.
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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 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:
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I . 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.
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:
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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.
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.
16
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.B.2 of this Section.
17
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.
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:
1. 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: i
Birch
F�'[
i
Ginkgo (male only)
W.
Green ash
I '
Honey locust !
Fl-
Kentucky coffee tree
Linden (Basswood)
F
Oak
Coniferous trees.
(�
Austrian pine
Pinus nigra
(Black Hills spruce 'Picea
abies
F -PColorado
blue and green spruce
Picea pungens
�FFir
I_____--- ---
Abie (all varieties)/pseudotsuga
rwlhiiepinePinus
strobus—t____----�
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
19
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
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:
1. In residential subdivisions where land dedication is to be required, the following
table will be used to determine the dedication requirement:
Density�[
Land Dedication Percentage
[(Units Per Buildable Acre) j
0.00 to less than 2.39 10
2.40 to less than 4.79 13
F4.80 to less than 7.99—�(� 17
PTO
8. 00 and over �— 20
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
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 (1/3) 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 as determined by the
City.
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
21
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 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:
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.
22
MOTION BY: Warehime
SECOND BY: Tanner
ALL IN FAVOR: Darkenwald, Warehime, Tanner
THOSE OPPOSED:
None
ADOPTED by the City Council of the City of Otsego this 25th day of
February, 2019.
ATTEST: kjjLo
Tami Loff, City Clerk
23
CITY OF OTSEGO
,17
BY: `
o -enwa ,Actin yor
SUMMARY OF ORDINANCE NO.: 2019-06
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:
Section 2. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY: Warehime
SECOND BY: Tanner
ALL IN FAVOR: Darkenwald, Warehime, Tanner
THOSE OPPOSED: None
1
ADOPTE
February, 2019.
ATTEST:
Tami Loff, City Clerk
of the City of Otsego this 25th day of
CITY OF OTSEGO
BY: J
arkenwal , Actin r
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is
published in summary form. Complete copies of the ordinance are available for inspection by
contacting the Zoning Administrator/City Clerk, Otsego City Hall, 13400 90th Street NE, Otsego,
Minnesota 55330 during regular office hours.
2
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
SUMMARY OF ORDINANCE NO.: 2019-06
AN ORDINANCE AMENDING THE CITY CODE
REGARDING SUBDIVISION DESIGN STANDARDS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY OR-
DAIN:
Section 1. Title 10, Chapter 8 of the City Code (Subdivision Ordi-
nance - 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:
Section 2. This Ordinance shall become effective immediately upon
its passage and publication.
MOTION BY: Warehime
SECOND BY: Tanner
ALL IN FAVOR: Darkenwald, Warehime, Tanner
THOSE OPPOSED: None
ADOPTED by the City Council of the City of Otsego this 25th day of
February, 2019.
CITY OF OTSEGO
BY: Tom Darkenwald, Acting Mayor
ATTEST: Tam! Loff, City Clerk
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01,
Subd.10, this Ordinance is published in summary form. Complete cop-
ies of the ordinance are available for inspection by contacting the Zon-
ing Administrator/City Clerk, Otsego City Hall, 13400 90th Street NE,
Otsego, Minnesota 55330 during regular office hours.
Published in the
Star News
March 2, 2019
911317