Loading...
HomeMy WebLinkAboutCity Council Ordinance 1958-01CHAPTER 11 ORDINANCE NO. 5$r1 AN ORDINANCE ESTABLISHING MTNI4M REQUIR24MTS AND PRERE'QU SITE. i FOR T'ifE SUBDIVTSION OF LAND IN THE 'a -L AGE OF PLYMOUTii. THE VILLAGE COUNCIL OF T<iE PILLAGE OF PLYMOUTH OR.i1AINS: SECTION 1. SUBDIPISIONS No person, firms corporation or MSociation sha11, after the effective date of this Ordinance, subdivid44AV the Village of Plymouth into lots, tracts or parcels of less than two and one-half (*) acres in area, nor purchase or convey land in lots, tracts or parcels of less than two and one-half (2j) acress without first submitting a survey thereof to the VillVe Council and obtaining approval of such subdivision, purchase or conveyance, unless the tract has previously been held in separate ownership as a separate lot, tract or paacel of land of record at the time of the adoption of this Ordinance., or unless an agreement to convey such parcel has been entered into prior to such time and the instrument showing the agreement to convey is recorded in the office of the Register of Deeds or Registrar of Titles within one year from the effective date of this ordinances or the wane consists of one or more entire lots of a registered plat of land previously approved by the Village Council.. SEMON 2. PR LDCMARY PIAN. Any person, desiring to subdivide land lying within the Village of Plynonth, shall file with the Village three (3) copies of a topographical map of the area to be included in the proposed plat or subdivision; proposed street profiles of all streets in the area to be -ibdivided; four (4) copies of the proppsed plat, including therein a ccmplete description of the land, the names of the owners, and the names of the developers thereof, and the location of public streets lying within a distance of 100 feet beyond the 4oundaries of the tract to be subdivided; boundary lines of adjoining tracts or subdivided land within 100 feet of the boundaries of the proposed tract to be subdivided,, and topographical data, including contours at vertical intervals of not more than two (2) feet; water courses, marshes, and other significant features; and shall pay to the Village a fee of $5.00 per acre included in the proposed area to be subdivided, but in no event less than $100.00, to cover Village expenses in making the necessary A,tudies for the approval of such plat. -1- SEW"IM 3. PROPOSED PIAT One copy of the proposed plat shall be referred to the Village Engineer and one copy of the proposed plat and the Abstract of Title or Registered Property Report, shall be referred to the Village Attorney, who shall make a report thereon to the Village Council within thirty (30) days. The action of the Council in approving or disapproving the proposed plat.; and, if disapproved, the r+aasons therefor, shall be set forth in the proceedings of the Council and reported by the Clerk io the person or persons applying for such approval. Approvel of the p:rel3minary plans for a proposed plat shall be Null and void unless, within sixty t'60) ds„vs after receiving such approval, thoi �- shal1 be submitted to the Village Council an original and three copies of the final_ plat. SECTION 4. STRiIET CORSTRUCTION. No construction of streets or improvements shall be commenced within a tract or parcel included within a ;proposed plat until the preliminary plan of the plat has been approved by the Village Council. SECTION 5. GRADES The Vil l e Engineer shall establish and file with the Village Clerk grades for construction of all streets contained in the proposed plat, and shall, after completion of construction., file with the Village Clerk a certwx'icate., certifying that all of said streets have been constructed to said grades, or any changes made therein, and that such changes have been made with his approval. SECTION 6. DRAINAGE The Village Council may require the construction of curb and gutter, and storm sewer, Whenever either or both are believed to be necessary for the proper care and preservation of tht, streets. SECTION 7. WATERWAYS No area within the plat shall be so graded' .Pilled or excavated co as to dam up or block any natural watery, nor so as to create a water pocket. �M;Qwfcli D44 All streets shall have a minimum width of sixty (60) feet and be constructed with a minimum crown or travel area of thirty (30) feet, located in the center of the right-of-vay, unless otl.ervise approved by the grillage Council. The same shall be constructed so as to comply with the standard specifications of the Village for street construction and improvements adopted by the Council. -2- SECTION 9. SMUT SIGNS Street signs shall be constructed at all street intersections and at such other locations as tie Council may require; and if not installed prior to final approval,, the developer shall be required to make a deposit with the Village for the cost of acquiring and in- stalling such signs. All street signs shall be of uniform design,, approved by the Village Council. SAM ON 10. ALLEYS All alleys shall have a minimum width of sixteen (16) feet and shell be constructed in accordance with standard specifications of t} e Village for alley construction. SE 7i ON 11. EASEM:2'US A_1.1 plats shad include in the dravinng thereof,, and the dedication to the public for public use,, all easements for public utilities,, drainage and other facilities,, as the Council may require. SECTION 12. AW A_VAS The owner or owners %ay be required# as a pre -requisite to approval of the plat or subdivision, to convey to the Village,, or dedicate to public use:,, for a public park or playground., a minimtm of five per cent (5f) of the area being platted or subdivided,, and a maximum of ten per cert (10%) of the area being platted or subdivided., or the Village may require the owners or developer to pay to the Village., for use in the acquisition and development of public parks and playgrounds,, an Emount equal to $50.00 per acre for each acre included in the plat or subdivision. SECTION 13. LM All lots shall be platted4as to meet the minimum requirements of lot size prescribed by the Ordinances of the Village. All lots shall abut on a publicly dedicated street. SECTION 1L. TREES No trees., shrubs or bushes shall be planted within any public street right-of-way, unless the same are approved by the Village Council,, or comply with regulations adopted by the Council as to type or variety of tree,, shrub or bush, location,, size, sdacing and number of trees. -3- SECTION 15. P' ATTINC BOND Prior to final approval of any plat, the Village Engineer shall report to the Council the estimated cost of grading, graveling and stabilizing all streets in the plat, and providing necessary drainage, or other construction required as a pre -requisite to the approval of the plat, and the owner and developer shall file with the Village a bond, with corporate surety` acceptable to the Village, in an amount equal to one and one-half (1j) times the estimated cost of completing all streets and improvements in accordance with the provisions of this Ordinance, and in accordance with specifications of the Village. SECTIoN 16. USH DEPOSIT In lieu of such 'gond, the owner or developer may deposit with the Village an amount of money equal to the estimated cost of the Village ESngt -er fo-• the doing of all work, and -the furnishing of all materials required fo. '-'Lc approval of the plat, or m-,; construct, such streets, according to the requirements of the Village, and -btain the final approval thereof. SECTION 17. SPECIFIC PROBUMS In the event that the proposed platting involves special problems, the Council mity require an additional deposit to ke made by tae developer, to cover the cost of tatq stuO,; or services that may be required by reaerm thereof. SECTION 18. STREET MAID MANCE Where st_m-ets a. -e constructed prior to the completion of construction within tre plat, the Council may require the posting of a bond, or the making of a cash deposit with the Village, for the cost of maintaining and repairing said streets, during the period of construction, and for the period of six (6) months thereafter. Any amount so deposited, in excess of the actual cost of repairs and maintenance shall be refunds,' to the person making such deposit. SECTION 19. VIT,IJ►_GE GUARANT'E'E If a guarkntee of completion and of maintenance of streets is to be required, for the Veterans Administration, the Federal Housing Administration, or any other agency, a cash deposit equal to 1.10°,x, of the Village Engineer's estimate of the cost of completion of the work to be performed, and materials -w be furnished, to meet the requirements of the Agency, shall be made with the Village before such obligation is assumed by the Village. SECTION 20. YDNAL APPROVAL Final approval of my plat shall be null and voids unless the plat is filed vith the Register of Deeds or Registrar of Titles# of Hennepin Couttys Ninnesbtas within sixty (60) days after the date of apprrn*el by he Councils unless such time is extended by the Council. A print of tie plats after the plat is recordedp shall be filee with tree Village ()uracil. A cloth tracing of each p"t, and two cloth -back copies of eaci plat shall be filed with the Village. SECTION 21. SALE OF DOTS NO person shall sells or offer for sales 8M lots parcels tract of lands vithin a proposed plats or within an area to be subdivideds anti? the same has received final approvals and all construction vithin the subdivided area has been completed and approved, or a bonds guaranteeing the completion thereof, has been filed with the Villages and approved by the Village Council. SECTION 22, VARIAHCB AND WAIVER The Village Council shall have the right to naive the strict application of the provisions of this Ordinances or any part thereof, in any case where strict caVilance may work an undue hardship upon the owner or developer of the areas but such waiver or variance shall be by specific action of the Council, approved by two-thirds (2/3) majority of the entire Coweils and shall be included in the Minutes Of the Council Meeting. SECTION 23. VALIDITY If any sections sun -section, sentence, clause or phrase of this Ordinance is, for any reasons held to be invalidp such decision shall not affect the validity of the remaining portions of the Ordinance. SECTION 24. VIOLATION Any person, violating any of the provisions of this Ordinances shall be guilty of a M13demeanor, and upon being found guilty thereofs shall be punished by a fine of not to exceed 019E HMMM ($1.00.00) DOLLARS, or imprisoned for not to exceed ninety (90) days. The con- tinuation of any violation for a period of each ten (10) days shall constitute a separate violation. SECTION 25. FPPECTIVE TATE This Ordinance Rhall be in full force and effect from and after Its passage and publication according to lay. Adopted by the VILLAGE COWIL of the VILLAGE OF PLTMOUTHpJCWESOTA this 41W of June, 1958. ,..� ATTEST:�,� v -5- mayor Plymouth Ordinance No, 58 CHAPTER 11 ORDINANCE NO. SL AN ORDINANCE ESTABLISH- ING MINIMUM REQUIRE- MENTS AND PRERROUISITE83 FOR THE SUBDIVISION OF LAND IN 'f HE VILLAGE OF PLYMOUTH. THE VILLAGE COUNCIL OF THE VILLAGE OF PLY- MOUTH ORDAINS: SECTION 1. SUBDIVISIONS No peon, firm, corporation or association stall, after the effec- tive dat , .,f ', .Js Ordinance, sub- atvide lar i in the Village of Ply- mouth into lots, tracts or parcels of less than two -and one-half (2%) acres in area, nor purchase or convey land it l,)ts, tracts or par- cels of less than tw- and one-half (21,10 acres, without first submit- ting a survey thereof to +he Vil- lage Council and obtaining ap- proval of such subdivision, pur- chase t,r rinveyance, unless the tract has i. - wiously been held in separate ovuaership as a separate lot, tract or parcel of land of rec- ord at the time of the adoption of this Ordinance, or unless an agreement to convey such parcel has been entered into prior to such time and the instrument shoti,ring the agreement to con- vey is recorded in the office of the Register of Deeds or Registrar of Titles within one vear from the effective date of this ordinance, or the same consists of one or more entire lots of a registered plat of land previously approved by the Village Council. SECTION L PRELIMINARY PLJt.N Ary person, desiring to sub - d' -wide land lying within the Vil- lage of Plymouth, shall file with the Village three (3) copies of a topographical map of the area to be included in the proposed plat or subdivision; proposed street profiles of all streets in the area to be subdivided; four (4) copies of the proposed plat, including therein a complete description of the land, the names of th - own- ers, and the names of the devel- vi*rs thereof, and the location of public streets lying within a dis- tance of 10 feet bvyunu the boundaries of the tract to be sub- divided; boundary lines of ad- joining tracts or subdivided land u :thin 100 feet of the boundaries of the pry posed tract to be sub- divided, and topographical data, including contours at vertical in- tervals of not more than two (2) feet; water courses, marshes, and other significant features; and $hal! pad to the Village a fee of S5.M, xer acre included in the pro- po<ed area to be subdivided, but in no event less than $100.00, to cover Village expenses in making the necessary studies for the ap- proval a ouch plat. SECTION Z PROPOSED PLAT One copy of the proposed plat shall be referred to the Village Engineer and one copy of the proposed plat and the Abstract of Title or Registered Property Re- port, shall be referred to the Vil- lage Attorney, who shall make a report thereon to the Village Council within thirty (30 days. The action of the Council in ap- proving or disapproving the pro- posed p4it; and if disapproved, the reason:; therefor, shall be set forth in the proceedings of the Council and reported by the Clerk to the person or persons arplying for such approval. Approval of the preliminary plans for a pro - pared plat shall be null and void unless, within sixty (60) days af- ter receiving such approval, there shall be submitted to the Village Council an original and three copies of the final plat. SECTION 4. S T R E E T CON- STRUCTION No construction of streets or im- provements shall be commenced within a tract or parcel included within a proposed plat until the preliminary plan of the plat has been approved by the Village Council. SECTION L GRADES The Village Engineer shall es- tablish and file with the Village Clerk grades for construction of al streets contained in the pro- f std plat. and shall, after com- p -tion of construction, file with the Village Clerk a certificate, cer- t: ing that all of said streets have ct n constructed to said grades, or any changes made therein, and thsz such charges have been made x ith his approval. SECTION 0. DRAINAGE The Village Council may re- quire the construction of curb and gutter, and storm sewer, when- ever either or both are lx-lievee to be necessary for the proper (.!11'e and preservation of the streets. SECTION 7. WATERWAYS No area within the plat shall be so graded, filled or excavated so as to dam up or block any natural waterway, nor so as to create a water pocket. SECTION t. STREETS All streets shall have a mini- mum width of sixty (60) feet and be constructed with a minimum crown or travel area of thirt!; (30) feet, located in the center of the right-of-way, unless otherwise approved by the Village Council. The same shall be constructed so as to comply with the standard specifications of the Village for street construction and improve- ments adopted by the Council. SECTION L STREI."T SIGNS Street signs shall be constructed at all street intersections and at such other locations as the Coun- cil may require; and if not In- stalled prior to final approval, the developer shall be required to make a deposit with the Village for the cost of acquiring and in- stalling such signs. All street signs shall be of uniform design, ap- proved by the Village Council. SECTION 10. ALLEYS All alleys shall b9ve a mini- mum width of sixtean (16) feet and shall be constructed in ac- cordance with standard specifica- tions of the Village for alley con- struction. SECTION 11. EASEMENTS All plats shall include in the drawing thereof, and the dedica- tion to the public for public use, all easements for public utilities, drainage and other facilities, as the Council may require. SECTION 12. PARK AREAS The owner or owners may be required, as a pre -requisite to ap- proval of the plat or subdivision, to convey to the Village, or dedi- cate to public use, for a public park or playground, a minimum of five per cent (5%) of the area being platted or subdiviticA, and a maximum of ten per cent (10`7.,) �t the area being platted or sub- divided, or the Village tray re- quire the owners or developer to pay to the Village, for use in the f acquisition and development of public parks and playgrounds, an amount equal to $50.00 per acre for each acre included in the plat or subdivision. SECTION 13. LOTS All lots shall be platted so as to meet the minimum require- ments of lot size prescribed by the Ordinances of the Village. All lots shall abut on a publicly dedi- cated street. SECTION 14 TREES No trees, shrubs or bushes shall be planted within any public street right-of-way, unless the same are approved by the Village Council, o- comply with regula- tions adopted by the Council as to type or variety of tree, shrub or bush, location, size, spacing and Number of trees. SECTION 15. PLATTING BOND Prior to final approval of any plat, the Village Engineer shall report to the Council the esti- mated cost of grading, graveling and stabilizing all streets in the plat, and providing necessary drainage, or other construction re- quired as a pre -requisite to the apf►roval 0 the plat, and the oven- er and developer shall file with the Village a bond, with corporate surety, acceptable to the Village, in an amount equal to one and one-half (I%) times the estimated cost of completing all streets and improvements in accordance with the provisions of this Ordinance, and in accordance with specifica- tions of the Village. SECTION le. CASH DEPOSIT In lieu of such bond, the owner or developer may deposit with the Village an amount of money equal to the estimated cost of the Vil- lage Engineer for the doing of all work, and the furnishing of all materials required for the ap- proval of the plat, or may con- s*-uct such streets, according to the requirements of the Village, and obtain the final approval thereof. SECTION 17. SPECIFIC PROB. LEMS In the event that the proposed platting involves special problems, the Council may require an addi- tional deposit to be made by the developer, to cover the cost of any study or services that may be re- quired by reason thereof. SECTION le. STREET MAIN. TENANCE Where streets are constructed p r to the completion of con. struction within the plat, the Council may require the posting of a bond, or the making of a cath deposit with the Village, for the cost of maintaining and repairing said streets, during the period of construction, and for the period of six (8) months thereafter. Any, amount so deposited, in excess of the actual cost of repairs and maintenance, shall be refunded to the person making such deposit, SECTION 19. VILLAGE GUAR- ANTEE If a guarantee of completion and of maintenance of streets is to be required. for the Veterans Ad- ministration, the Federal housing Administration, or any o t h e r agency, a cash deposit equal to 110°% of the Village Engineer's es- timate of the cost of completion of the work to be performed, and materials to be furnished, to meet the requirements of the Agency, shall be made with the Village before such obligation is assumed by the Village. SECTION 20. FINAL AP- PROVAL Final approval of any plat shall be null and void, unless the plat is filed with the Register of Deeds or Registrar of Titles, of Henne- pin County, Minnesota, within sixty (60) days after the date of approval by the Council, unless such time is extended by the Council. A print of the plat, af- ter the plat is recorded, shall be filed with the Village Council. A cloth tracing of each plat, and two cloth -back copies of each Flat shall be filed with the Village. SECTION 31. SALE OF LOTS No person shall sell, or offer for sale, any lot, parcel, tract of land, within a proposed plat, or within an area to be subdivided, until the same has received final approval, and all construction within the subdivided area has been com- pleted and approved, or a bond, guaranteeing the completion thereof, has been filed with the Village. and approved by the Vil- lage Council. SECTION 22. VARIANCE AND WAIVER The Village Council shall have the right to waive the strict ap- plication of the provisions of this Ordinance, or any part thereof, in any case where strict compli- ance may work an undue hard- ship upon the owner or developer of the area, but such waiver or variance shall be by specific ac. tion of the Council, approved by two-thirds (2/3) majority of the entire Council, and shall be in- cluded in the Minutes of the Council Meeting. SECTION 23. VALIDITY If any section, sub -section, sen- tence, clause or phrase of this Or- dinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remain- ing portions of the Ordinance. SECTION 24. VIOLATION Any person, violating any of the provisions of this Ordinance, shall be guilty of a misdemeanor, and upon being found guilty thereof, shall be punished by a fine of not to exceed ONE HUN- DRED ($100.00) DOLLARS, or im- prisoned for not to exceed ninety (90) days. The continuation of any violation for a period of each ten (10) days shall constitute a separate violation. SECTION 2S. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication according to iaw. Adopted by the VILLAGE COUNCIL of the VILLAGE OF PLYMOUTH, MINNE$GTA, this 3rd day of June, 1958. /s/ Howard C. Anderson Mayor ATTEST: /s/ H. T. Johnson Village Clerk (June 12, 1958) t,"BrkN 'y "bta kf€f`u ¢.d:: A ;ic ' }t` a r r •s fit. a. ., r a a. •. `� ..:r tt •.�;.r. a ',ries 'i� de 2.. .ei. �.. YLUM% is berdw wed by &M& thsetos at the said thowes tin rb33md rw"03„vulaas (5) at The SwAbs t emptor (8*) at wo S"AbO"t QMWtW ice') at lM 3TO ftMdft 134 BW4P 9Mi Zuni Ott Ot Us W40i M ftet OWOot god North at So* S5i Vat pars at !aw awt a& t"t UM40t Isug 8oidal at an north !teat lbume. O go 'lido Qr�oe shall be In ftU taro. anal 49TOot POO" %V the Y L' rt OMUOU at 00 Vi.MW or ftmoitft mow V� "10** C� AhUabad in the Utnuetodia SUSIA ilio ' � Ot JMU=7! 1