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.
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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.
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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.
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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
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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)
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