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HomeMy WebLinkAboutOrdinance 654 ORDINANCE NO. ~4 BEING AN ORDINANCE PROVIDING FOR THE PLATTING OF PRO PE RTY!. THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Section 1. Authority. These rules and regulations are established pur- suant to the authority the City Council has invested to it to regulate, control and maintain street~ and provide for platting of property as provided in Minnesota Statutes. Section 2. Tentative Plats. Before a final plat is submitted to the City fo Columbia Heights, the developer shall be required to submit two copies of a tentative or preliminary drawing. This tentative drawing shall show the location and legal description on the property to be platted. It shall show the width, location and names of alt streets within the proposed lay-out of the lots within the subdivision and the existing lay-out of the property within 250 feet of the boundary of the proposed subdivision. All dimensions of the proposed lots shall be shown. The name of the owner, the name of the developer and the name and registration number of the surveyor shall be shown on the tentative plat. The map shall show the date, a north point and scale. The surveyor may add any other information or notes, which in his opinion, will be valuable to those who will be examining it for the City. Section 3. Final Plat. The final plat shall show setback lines on alt blocks. There shall be a set back from the front yard a distance of 30 feet and in case of tots having streets on two sides, the house shall be set back from the side street 1'~ ~eet. Section 4. Contour Maps. Each tentative drawing of a proposed plat which is submitted shall be accompanied by two copies of a contour map of the area which is proposed to be platted. This contour map shall show the location of all drainage ditches, all low or wet land, all culverts, alt existing storm sewers, gas tines, sanitary sewers, and water mains in and around the property. This information shall include the location, size, length, type and elevation of each utility. All existing buildings and outstanding trees and topography of any kind shall be shown on this contour map. The surveyor shall show On the contour map his suggested scheme of drainage for the area which is to be platted. Section $. Procedure for Plat Approval. The City Council will refer the proposed plat to the City Engineer for investigation and recommendation. The engineer shall in turn refer the plat to the Planning Commission together with a copy of his recommendations to the City Council. The engineer's recommendations shall deal with the feasibility of the construction of streets and utilities and any and all drainage problems which might be encountered in the area. The Planning Ordinance No. Commission shall consider each plat in order to determine whether or not it can be fitted into the over-all comprehensive City plan. After the plat has been considered, the Planning Commission shall report its findings to the City Council in writing with reasons for any disapproval which might be given to any part of the plat or ta 'the plat itself. The Planning Commission shall also make recom- mendations to 'the Council concerning any suggested change in general design or locations of the streets in the subdivision. The City Council shall consider the recommendation of its engineer and the Planning Commission. The Council shall then decide to accept or reject the plat. Section 6. Preliminary Fees. Each preliminary plat submitted to this City Council shall be accompanied by a cash fee of $50.00. This money is to be used to pay for the expense of examination and report by the City Engineer, Planning Commission and attorney. Section 7. Final Plats. The final plat shall include all of the information, changes~ or re-design which has been agreed upon between the developer and the City Council. The final~, plats shall specifically mention the dedication of all drainage easements, all areas reserved for water storage and all street and utility easements to the public and for the public use. Section 8. Signatures.~of City Officials. The final plat shall provide spaces for the signature of the City Engineer and the City Clerk. The space for the signature of the City Engineer shall read "Recommended for Approval," blank line, date, City Engineer. The provision made for the signature of the Clerk shall read, "Approved by the City Council of the City of Columbia Heights this blank day of blank. City Clerk," Section 9. Copies for City Fil.e.. No final plat shall be approved by the City Council or signed by its Engineer or Clerk until three copies of the complete final plat have been furnished to the Office of 'the City Clerk for City files. Section 10. Street Grades. At the time of submitting the final plats for approval, the owner shall make application for the establishment of street grades.. These grades shall include all of the streets in the subdivision and also those borderline streets between the property being platted and the adjoining even though these streets may be only half width. The City Engineer shall make what- ever surveys are necessary and design the grade for these streets, or the developer may design grades subject to the approval of the City Engineer. The grades will be submitted by the engineer to the City Council, they shall become the official grades for the streets in the subdivision. The engineer shall submit a statement to the developer for all of the expenses involved in this work. The developer shall pay these costs to the engineer. Page 3 Section 11. Developer to Grade Streets. The streets in the subdivision shall be graded in accordance with the plan and designed grade furnished by the Oity Engineer. This work shall be done at the sole expense of the developer. The grading work shall include the construction of necessary storm sewers. The grading of the streets shall include the undercutting of the roadbed where necessary and as required by the City Engineer. Section 12. Engineering Services Furnished by. the Developer. The City Engineer shall supervise the grading of the streets in the subdivision. Section 13. Tests. The developer shall have soil tests made by a recog- nized Engineering Laboratory to determine the suitability of soils to be encountered in street and utility construction. This test shall include a report and recommenda- tion in accordance with the City specifications. Section 14. Streets to be Finished or Bonded. Unless the grading of the streets in a subdivision has been completed in a manner satisfactory to the City, the owner shall be required to furnish surety bonds in an amount equal to one and one-half times the estimated cost of the grading of the streets or in the alternative to deposit cash with the City Treasurer in the same amount. The estimate shall be made by the City Engineer and the bond or cash shall be furnished to the City before any building permits for buildings on tots fronting on such streets are issued. This bond shall guarantee that the street or streets in question will be graded in strict accordance with the specifications of the City' and to the satisfaction of the City Engineer at the expense of the developer. Section 15. Acceptance of Graded Streets. After 'the street has been satisfactorily graded and recommended for approval by the City Engineer, the City Council will authorize routine maintenance. This shall not in any way con- stitute final acceptance by the City and such maintenance or partial acceptance by the City Council shall not have any effect upon agreements existing between the City and the developer for further improvements of such streets. Section 16. Stabilization. After the streets have been graded and all utilities have been constructed and before any building permits are issued for buildings on the lots fronting on such streets, the developer shall petition the City Council for the construction of concrete curb and gutter stabilization base, and surfacing, or said developer may enter into a contract with the City where he agrees to other construction in accordance with the current specifications of the City of Columbia Heights. Section 17. Bonds to Accompany Petition. The petition from the developer to 'the City for the stabilization of the streets of any subdivision shall be accom- panied by surety bonds in an amount equal to one and one-half times the cost of Page such work as estimated by the City Engineer or in the alternative deposit cash with the City Treasurer in the same amount. This bond shall guarantee that the work will be paid for by the developer in cash immediately upon the completion under a City contract. Section 18. City to Perform Work. After the developer has furnished a surety bond guaranteeing to pay cash for the stabilization for the streets or deposited cash as hereinbefore provided, the City Council shall proceed to cause the work 'to be done. The City Engineer shall prepare plans and specifications and the City shall advertise for bids. After the bids have been received, the contract: shall be awarded and the work shall be done under the direct supervision of the City Engineer who shall represent the City Council. The timing of this work shall be in accordance with the best interests of the City and the right shall be reserw~d by the City Council to award these contracts after the houses have been constructed on the street to be stabilized. Section 19. Standard Specification Available. Standard specifications for the grading of streets and also for the stabilization of streets w~th bituminous material are on file in the office of the City Engineer. A copy of these specifica- tions may be obtained free of charge by anyone who is submitting tentative plans. Section 20. Grading Costs may be Assessed. If the developer should desire to have the grading work handled in the same manner as that which has been outlined above for the bituminous stabilization, he may do so by submitting a petition to the City Council which shall include the complete grading and stabilization of :the streets in his development. This petition shall be accompanied by a bond in the amount of one and one-half times 'the cost of such work as estimated by the City Engineer. Section 2t. Complete Costruction not Necessary. It shall not be the intent of this ordinance to force the construction of all streets in any subdivision. The developer shall be permitted to construct, petition and furnish the bonds for the construction of certain streets in a subdivision without including all of the streets at one time. In constructing part of the streets, it will be necessary for the developer to include streets which will make a complete circuit, :that is; they shall leave a finished street and return to a finished street so that there will be no dead ends when the construction has been completed. Building permits shall be issued only for those lots having access to a street which has been constructed or for which construction bonds and agreements are on file in the office of the City Clerk. Section 22. Half Streets. The City shall accept so-called half width streets when it is impossible for the developer to provide full right-of-way for such street. This shall only apply in cases of so-called borderline streets which Ordinance No. Page 5 are streets located on the boundary line of the property which is being developed. In these cases, the developer shall be required to grade half streets in accordance with the plans furnished by the City Engineer. Section 23. All Streets to be Affected. The provisions of this chapter shall apply to all streets in existing plats as well as to streets in new plats. The Council may, however, exercise their judgment as to the procedure followed in cases where the right-of-way or the street has been in existence for any length of time. Section 24. Park Area. It is deemed necessary and consistent with the City planning of the City to provide in each new proposed plat or subdivision areas for future development of park and recreational purposes. Each plat shall hereafter provide for a dedication to the municipality an area not less than ten (10%) per cent of the total proposed area to be subdivided, tess any acreage devoted to streets. Such area shall consist of developable and usable land and shall be located so as to serve the present and future needs of the community for recreational or park pur- poses. The Planning Commission and the City Council shall consider the proposed located in relation to existing or contemplated recreational and park sites in other parts of the community and as to the suitability in meeting the requirements of the "City Plan." This requirement may be waived and/or modified by the City Council, after recommendation by the Planning Commission, for one of the following reasons: 1. The enforcement of this provision would act as an extreme hardship to the property owner, because of the size of the tract involved, the topography of the land (zoning areas involved) or the owner has already dedicated comparable areas in other subdivisions in the City. 2. The owner contribute a cash equivalent to the City Treasurer for the "Park and Recreation Funds" of the City. A cash equivalent shall be a sum mutually agreed upon representing t0% of the market value of the tract in an underdeveloped, state on the date the preliminary plat is presented to the City. Section 25. Public Hearing. Prior to the approval of a plat bM the platting authority, a public hearing shall be held thereon after notice of the time and place thereof has been published once in the official newspaper of the City at least 10 days before the day of the hearing. The grounds for any refusal to approve a plat shall be set forth in the proceedings of the platting authority reported to the applicant. After the approval of the plat, the plat may be filed or recorded as otherwise provided by law. Section 26. Variances. At the time of the public hearing, the City Council may grant a variance from the above'regulations for an unusual hard- ship e×isting on the land. Page 6 Section 27. Separability. Should any subdivision, section, clause, or other provision of this ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not effect the validity of the ordinance as a ~vhole nor of any part thereof other than the part so declared to be invalid. Section 28. Penalty. Any person violating this ordinance shall be guilt:y of a misdemeanor and upon conviction shall be punished by fine not to exceed $100.00 or by imprisonment for a period not to exceed 90 days. Section 29. Time of Taki.ng. Effect. This ordinance shall take effect and be in force within thirty (30) days after its passage. First Reading: July 24, !967 Second Reading: August 28, 1967 Offered By: King Roll Call: ~11 Ayes Secretary of 'the Council