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HomeMy WebLinkAboutOrdinance - 93 - Establishing Subdivision Regulations - 02/28/1967 Village of Eden Prairie R Hennepin County , Minnesota A ORDINANCE NO. 93 ± AN ORDINANCE RELATING TO AND ESTABLISFING SUBDIVISION REGULATIONS FOR 114E PLATTING ANb SUBDIVIDING OF LAND. Section 1 Title; This ordinance shall be known as the Subdivision Regulations for the Village of Eden Prairie and referred to herein as "this ordinance" , 3 Section 2 Puri2ose : This ordinance and its provisions herein are adopted for the purpose of : ( 1 ) Establishing standard procedures , requirements and conditions for the subdividing of land within the Village of Eden Prairie . (2) Securing satisfactory conformity of such subdivisions to Village plans, ordinances , and regulations , adopted ` or under preparation. ( 3) Authorizing the Village Planning and Zoning Commission 3 to administer tl2is ordinance as advisory to the Village Council of the Village of Eden Prairie. (4) Assuring that new subdivisions will contribute toward an attractive , orderly , stable , safe , and wholesome community. Section. 3 Scope of this Ordinance : The provisions of this ordinance relate to any division of a tract of land into two or more parcels by platting, replatting, conveyance , registered land survey , or other means , except when such division results in parcels having an area of two and ono-half ( 2z) acres or more with frontage on a public right-of-way measuring one hundred and fifty foot ( 1501 ) or more and when such division does not necessitate the elodication of a public right-of-way; or if a lot which is part of a plat recorded in the office of the Register of Deeds of Fennopin County is to be divided and such division will not cause any structure on the lot to be in violation of the zoning ordinance or said new portions of lots to be in violation of Village Ordinances. Section Definitions : For the purpose of this ordinance , the following terins , phrases , words and their derivations shall havo the moaning given in this section. When not inconsistent with the context, words used in the present tense include the future , words in the plural number include the singular number, and words in the singular number ineludo the plural number. The word "shall" is always mandatory and not merely directory. Subd . 1 "Boulevard" is the portion of the street right-of-way between the curb line or surfaced roadway and the property line. z Subd. 2 "Butt Lot" is a lot at the end of a block and located between two corner lots . Subd. 3 "Block" is an area of land within a subdivision that is entirely bounded by streets , or by streets and the exterior boundary or boundaries of the subdivisionb or a combination of the above with a river or lake. Subd. k "Tillage Plan" is a Comprehensive Development Plan pre- pared and maintained by the Planning Commission and adopted by the Village Council , indicating the general locations recom-nonded for the various functions , classes of public works , places and structures , and for the general physical development of the Tillage, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. Subd . 5 "Easement" is a rant b an owner of land for the specific g Y use of said land by the public generally , or to a person or persons. Subd . 6 "Final Plat" is the final map, drawing o; chart on which the subdividers plan of subdivision is presented to the Village Council for approval and which, if approved , will be submitted to the County Register of Deeds or Registrar of Titles. Subd . 7 "Lot" A parcol or portion of land in a subdivision orn plat of land , separated from other parcels or portions by description as on a subdivision or record of survey Y map or by motes and bounds , for the purpose of sale or lease to or separate use thereof. Subd . 8 "Lot-Double Frontage" is a lot on which opposite ends #, both abut on streets. Subd . 9 "Minimum Subdivision Design Standards" are the guides , principles and specifications for the preparation of subdivision plans indicating among other things , the minimum and maximum Oimonsions of the various elements set forth in the preliminary Man . a; Subd . 10 "Owner" is any individual , firm, association, syndicate , r or partnership, corporation , trust, or any other legal entity having a sufficient proprietary interest in the land sought to be subdividod to commonco and maintain proceedings to subdivide the sarne under these regulations. Subd . 11 "Pedestrian day" is tho right-of-way across or within a block, for use by pedestrian traffic whether designated as a pedestrian way , cross-walk , or however otherwise designated . '' Subd. 12 "Person" is any individual , firm, association, syndicate , ;partnership, cort')oration , trust , or any other legal entity. Subd. 13 "Planning Commission" is the Village of Eden Prairie Plan- t ning Commission. 2. 4 Subd.14 "Preliminary Platt' is the preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission and Village x Council for their consideration , as compliance with the Village Plan and these regulations along with required supporting data. Subd.15 "Protective Covenants" are contracts entered into between private parties and constitute a restriction on the use } of all private property within the platted area, and provide mutual protection against undesirable aspects of development which would tend to impair stability of values . Subd. 16 "Right-of-Way" is the width , between property lines , of a road , street , alley , *pedestrian way or casementl Subd.17 "Set-Rack Line" is the front yard as required for tho zoning district within which the lot is located. Subd. 13 "Streets and Alleys" ( 1 ) "Street" is a public way for vehicular and pedestrian traffic, whether designated as a street , highway, thoroughfare , parkway , throughway, road, avenue , lane, place , or however otherwise designated; the various types of streets as designated herein shall be as shown on the Village Plan. (a ) "Collector Street" is a street which carries traffic from m:�inor streets to thoroughfares . It includes the principal entrance streets of a residential dovelotxnent and streets for circula- tion within such a development. ( b) "Cul-eo-sac" is a street with only one outlet and having a turn-around . ( c ) "Minor Street" is a street of limited continuity usod primarily for access t:-) the abutting ?roportias. (,'. ) "Service Street, Lane or Road" is a street which is parallol any'. adjacent to a thoroughfare and which rrovidos access to abutting Properties and ) protection from through traffic . ( e ) "Street Width" is the shortest distance between the lines delineating the right-of-way of a street. ( f) "Thoroughfare" is a street primarily designed to carry large volumes of traffic. A thoroughfare has considerable continuity and is used primarily as a major traffic artery for travel between � large areas . ( 2) "Alley" is a public right-of-way which provides a secondary access to a lot. .p Subd. 19 "Subdivided" is any person commencing proceedings under B these regulations to effect a subdivision of land here- under for himself or for another. "Subdivision" is the division of a parcel of land into two or more lots or parcels by any means including registerod land surveys and conveyance by metes and bounds , any of which resultant parcels is less than two and ono-half ( 22) acres in area, for the purpose of transfer of ownership or building development , or, r if a new street is invo] t-od, any division of a parcel of land . The term i.nc'_­d3s ro-subdivision and when appropriate to tho context , shall relate to the process of subdividing or to tho lane! subdivided . Subd.20 "Comprehensive Devolo;,nont Plan" (Village plan) indicatos the general locations. rocommer_r!ad for the various functions , classes of land use , places anrl structures , and for the general physical development of the Village and includes any unit or part of such plan separately adopted any' any amene-nont to such plan or parts thereof. Section s rropose;!. Sketch Flan (Proceduro) Subd . 1 Persons desiring to subdivide are requosted to prepare for review with the Planning Commission , subdivision sketch plans which, in order to be most useful , should contain the following information: tract boundary of all contigu- ous unplattod land under the control of the owner of the ! ` land to be subdivider_' ; significant topography and. physical features , propose.:'. general street layout and proposed gon oral layout . Subd. 2 Such proposed sketch Man will be considered as submitted for informal discussion between the subdivider and the Planning Co*Z►iission . Submission of a sketch plan shall not constitute forrr .il .filing of a plat with the Commission. Subd. 3 As far as may be oract:.cal on tho basis of the sketch ,clan , the Planning Comm-.sston will alvise the subdivider as to tho conformance c. �,no design with standards , plans anr! other relator'. information. Section 6 Preliminary Plat Subd . 1 Prococlure : Bof ore subc!iv_0 ing any tract of lane'. , the sub- divirlor shall sub-knit a L.roli-oinar;- - plat of the subdivision f 3r the a~>nroval of the Planning Commission, and Village Council in the following manner: Subd . 2 Submission : ( 1) Review. The -5rolininary plat shall be submitted to the Zoning Administrator who shall review same to ascertain if said plat cormlies with the regulations as herein sot forth. If the Zoning Administrator finds the material sufficient and in conformance , 18. the plat shall be referred to the secretary of the Planning Commission. (2) Filing. Four (4) copies of the proposed plat shall be filed with the Secretary of the Planning Com- mission. The required filing fee shall be paid and any necessary applicantions for variances from the provisions of this ordinance shall be filed before the proposed plat shall be considered officially filed. The proposed plat shall be placed on the agenda of the first Planning Com- mission meeting after thirty (30) days from date of filing. { 4; ( 3) Filing Fee. The fee to be paid for filing an appli- cation shall be twenty-five dollars ($25.00), plus one dollar ($1.00) for each lot. � 4 (4) Hearing. Within thirty days (30) from the date of g filing, the Zoning Administrator shall: (a) Set a public hearing for the next regular meet- ing of the Planning Commission. The Planning Commission shall conduct the hearing and report upon findings and make recommendations to the Village Council. Notice of said hearing shall be published in the official newspaper at least seven (7 ) days prior to the hearing. (b) Refer two (2) copies of the preliminary plat to the Planning Commission for its examination and report. The Village Engineer shall provide the Planning Commission a copy of his report at least 15 days prior to the hearing. (5 ) Report to Council. The Planning Commission shall make a report to the Village Council within 21 days following the public hearing. (6 ) Village Council Action. (a) The Council shall act upon the preliminary plat within one hundred and twenty (120) days of the. date on which it was officially filed. If the report of the Planning Commission has not been received in time to meet this requirement, the Council may act on the preliminary plat without such report. (b) If the preliminary plat is not approved by the Village Council, the reasons for such action shall be recorded in the proceedings of the Council and transmitted to the applicant. If the preliminary plat is approved, such approval shall not constitute final acceptance of the subdivision, but the general acceptance of the flayout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this Ordinance to 5. be indicated on the final plat. The Village Council may require such revisions in the p nreli-ninary -slat and final plat as it deems necessary for the health, safety , general w welfare and convenience of the Village of Edon Prair e . ` Section 7 Data for Preliminary .lat: The preliminary plat shall be clearly and legibly drawn at a scale approved by the Village Engineer but not less than 1" - 50 feet. The preliminary plat of the proposed subdivision shall contain or have attached thereto the following informa- tion : Subd. 1 Identification and Description : ( 1) Proposed name of subdivision , which name shall not duplicate or bo alike in pronunciation of the name of any plat theretofore recorded in the County. ( 2) Legal description of property according to the records in the office of the Register of Deeds. ( 3) Nacre and addresses of the owner, owner ' s agent , subdivider , surveyor and -losigner of the plat. ' (4) Graphic scale . ( 3) North Point . ; ( 6) Date of preparation . Subd . 2 Existing Conditions : ( 1) gouneary line survey of ;proposed subdivision clearly indicate-' . ( 2) Existing zoning classifications , ( 3) Total acreage . ( 4) Show on county half-section maps ( 1"-200 ' scale) the location , wic1ths , and names of proposerl streets or othor ;3ublie ways , parks and other public lands, easements , and section and cor?orate lines within the _Preliminary plat and to a Oistance one hundred ( 1001 ) feet beyond the boundary line . (5 ) Location ane size both nubl is anrj Private, of exist- 9 ing sewers , water mains, culverts or other under- ground facilities within the preliminary Tolat area anO to a distance of one hundred feet ( 100t ) beyond. Such data as grades , invert elevations , and locations of catch basins , manholes , an-1 hydrants shall also _ be shown . ( 6) Boundary lines of adjoining unsubdivided or sub- 6. i t i divided land , within one hundred feet ( 100 ' ) , identifying by name and ownership. a Topographic data , including contours at vertical intervals of not more than two feet ( 2 ' ) , except where the horizontal contour interval is one hundred feet ( 100 ) or more , a one foot ( 1 ' ) vertical interval shall be shown. Water courses , marshes , wooded areas , rock outcrops , power trans- mission poles and lines , and other significant feature shall also Le shown. ( S) Copy of all proposed private covenants . (9) At least two ( 2) soil borings shall be required by the Village Engineer . ( 10) At least two ( 2) percolation tests shall be required by the Village Engineer. Subd . 3 Subdivision Design Features: ( 1 ) Layout of proposed streets , including proposed roads according to Village thoroughfare plans , showing right-of-way widths and proposed names of streets . The name of any street heretofore used in the Village or its environs shall not be used unless the proposed street is an extension (� of an already named street , in which event the name shall be used . ( 2) Location of widths or proposed alloys , pedestrian ways and utility casements . ( 3) Typical cross-soctions of proposed improvements upon streets and alleys , together with an indica- tion as to the method of disposing of the proposed j storm seater runoff. j (4) Approximate center line gradients of proposed streets anc' alloys . ( 5 ) Location , size anA approximate gradient of proposed sewer lines and water mains . (6) Layout , numbers and preliminary dimensions of lots and blocks , and building set-back lines . ( 7 ) Areas , other than streets , alloys , pedestrian ways and utility ease-nent , intended to be dedicated or reserved for public use , including the size of such area or areas in acres . ( 3) Whenever a lot proposed for platting is intended or large enough for future platting, a tentative plan for tho future subdivision of the entire tract shall be submitted to the Planning Commission. 7 . rt �y 1 F� z� t ( 9) No plan will be approved for a subdivision which covers an area subject to periodic flooding, or which contains extremely poor drainage facilities and which would make adequate drainage of the streets and lots impossible , unless the subdivider agrees to snake improvements which will , in the opinion of the Village Engineer , make the area completely safe for occupancy, and provide adequate street and lot drainage . Subd. 4 Other Information : ( 1 ) Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units ; type of business or industry so as to reveal the effect of the development on traffic , fire hazards or congestion of population. ( 2) Source of water supply. ( 3) Provisions for sewage disposal , drainage and flood control. (�) Notation made as to the installation of curb and gutter, sidewalks, bulevard improvements , and the location of street trees. ( 5) Proposed protective covenants or deed restrictions. ( 6) Location of proposed street lights , and easements , and the utilities of electricity , gas and tele- phone . All such utilities are to be underground • Section 8 Procedure for Final Plat : Subd . 1 Filing: (a) The ounor or subcda.-,ader shall file six (6) copies of the Final pal Plat nct :lat.or than six ( 6) months after th.e data of �qp-p •oval of the preliminary plat; other-riso , tho pr oli"n,inary plat approval will be considered ",.-oid u:.i:Jss a_: ertonsion is requested in writs.t; b, L.._i_-divider andfor good cause grantee' L Council . The owner or sub- d1vider _n l a 1 so s, -_-:nit to the Zoning Administra- tor at the swne tbino an up-to-cute certified abstract of title or registered property report and such other evidence as the Village Attorney may require showing title or control in the applicant,. (b) The final Mat must incorporate all changes or modications required by the Village Council; in �, all other respects it shall conform to the prelim- inary Plat . It may .constitute only that portion of the approved proliminary Plat which the sub- divider proposes to record and develop at the time , 8. F c provided that such portion conforms with all the requirements of these regulations. j Subd. 2 Special Fee : (a) If the subdivider requests that any existing special assessments , which have been levied against the premises described in the subdivision , be divided and allocated to the respective lots in the plat , the Villago Assessor shall estimate the clerical cost of preparing the revised assessment roll , filing the same with tho County Auditor, and making such divisions and allocation , and upon a Y approval of the Village Council of such estimated cost , tha same shall be paid to the Village Treas- urer in addition to the fee montionod in the filing fee . ( b) On the same date that it places the final plat on file , the Zoning Administrator shall refer two copies of the final plat to the Planning Commission , one copy to the Village Engincor, and a copy each to the telephone , gas Power, and other utility companies. The abstract of title or registered property report shall be roforrod to the Village Attorney for his examination and report. The Attorney ' s report shall be given to the Village Council within 15 days. The procedure and timing for tho reports of the Planning Commission and Villago Engineer and action by the Village Council are the same as for the preliminary plat oxcopt that no public hearing is requiree in processing the final plat . i Subd. 3 Recording: (a) If the final plat is approved by the Village Coun- cil , the subdivider shall record it with the County Rogistor of Deeds or Rogistrar of Titles within 100 �ftays after the date of approval; otherwise , I the approval of the final plat shall be considered vo id. ( b) The subr'ivirlor shall , immoeiately upon recording, furnish the Village Clerk with a tracing and four (4) ;prints thereof , togothor with four (IF) copios of any does+ restrictions when such are not shown on the Plat. Three ( 3) copies of the certified plans showing the improvoments as built or as they are to be built within the subdivisions shall be submitted. Section 9 Data for Final Plat: Subd . 1 General. The final Mat shall be pronared by a quali- fied person who is rogistorod as a land surveyor in tho State of Minnesota and shall conform to all state 9. and county requiromonts and tho roquiremonts of this Orc'_i.nanco. Subd . 2 Information to be Shown. ( 1) Accurate angular ane. lineal dimensions for all lines , an,;los , and curvatures usoc! to describe boon-?areas , streets , alloys , easem©nts , areas to be reserved for public use, and other ics)ortant features . All -'i�onsions including lot lines shall be shown in feet and hundredths of feet. ( 2) An identification systam for all lots and blocks. ( 3) True anglos anI distances to the nearest estab- lishee official rionucnonts (not less than throe) which shall be accurately e'escribed in the plat. Municipal or section lines accurately tied to the lines of the subd ivison by d istancos and angles. t5 ) Name and right-of-way width of each street or other rizhts-of- ,ray. (6 ) Accurate outlines antd legal descrIption of any areas to be doOi.cated or reserved for public use , or for the exclusive use of property owners within the subdivision with the purr_ioses indicated therein . a (7 ) Certification by a resist©red surveyor. (8) Exacution by all owners of any interest in the land and any holders of a mortgage thereon of the certificate require` by Minnesota statutes , anA which certificate shall include a �!edication of tho utility easements and any other public areas in such for*: as shall be approved by the Village Attorney. ( 9) Fora of an;�roval of Villa;e Council as follows : Approved by the Village Council of the Village F of Edon :'rairio , Henno-gin County , Minnesota, this day of 19�. Village Clerk Mayor ( 10 ) Form for approval by county authorities as re- quirod. - Section 10 Minimum Subdivision Design Stanciards : Subd. 1 The Proposed subdivision shall conform to the Village `. Plan. 10. Subd. 2 The arrangement of all streets shall conform to the village Plan and provide a continuation of existing and Manned streets within and adjacent to the Village, ` provide for a reasonable circulation of traffic and shall be alopronriately located in relation to topography, run-off of storm water and to proposed uses of the land to be served. `.there ad joining areas are not sub- divided . t'-ke arrangement of streets shall make pro- vision for the proper nro jection of streets into adjoining areas . Subd . 3 Streets : ( 1 ) Street widths and pavement widths shall conform to the following -Animunn dimensions : t Classification Right-of-'!ay Roadway 3 Major Thoroughfare and Arterials - As shown on Village Plan Collector Streets 70 feat 44 feet ? Minor Streets 60 feet 36 feet Cul-de-sac 60 foot radius 50 foot radius ( 2) Deflections : '[hen connecting street lines deflect from each other at any one point by ten degrees or less , they shall be connected by a curve with a radius of not less than 100 feet. ( 3 ) Grades : All renterlInc gradients shall be at least 0. 6 per cent and shall not exceed the following: Classification Gradient ( in per cent) i'ajor thoroughfares , Vajor Streets , Collector Streets 4 Minor streets , Service streets 6 (4) Vertical Curves : Different connecting street gradients shall be connected with vertical curves . P•-inimucn 1ength, in feat , of these curves shall be twenty ( 20 ) times the algebraic difference in the per cent of grade of the two adjacent slopes. (5 ) Street Jogs : Street jogs shall havo a centerline off-set of 150 feet or more when annlied to minor j streets or service streets; in all other cases , they shall be avoided . ( 6) Minor Streets : Minor streets shall be so aligned that their use by through traffic will be dis- couraged. ��. (7 ) Cul-de-sacs : Maximum length cul-de-sac streets shall be 500 feat maasured along the centerline from the intersection of on.-in to end of right- 11. of-way , unless the elan for the overall area will necessitate the extension of said street and annronriate reservation of right-of-way is provided '"' for, ( � ) Service Streets : There a subdivision abuts or A contains an existing or planned ?rajor thoroughfare or a railroad right-of-tray , the aillage Council may require a street apnrozimately parallel to and on each side of such right-of-way for adequate protection of properties and to afford separation of through and local traffic . Such service streets shall be located at a distance from the major thoroughfare or railroad right-of-way suitable for t_se appropriate use of the intervening land , as for parks purposes in residential districts , or for commercial or industrial purposes in apnro- priate eistricts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations . ( 9 ) ,'alf Streets : 74a..lf streets shall be prohibited. , except where essential to the reasonable develop- ment of the subdivision in conformity with the other requirements of these regulations ; and except where the Village Council finds it will be practic- able to require the dedication of the other half when the adjoining property is subdivided. M Wherever there is a half street adjacent to a tract to be subdivided , the other half of the street shall be platted within such tract prior to the granting of access . ( 10 ) Reserve strips : Reserve strins controlling access to streets shall be prohibited except under con- ditions approved by the village Council. ( 11 ) Private: Streets : Private streets shall not be approved nor shall public i-n-orovements be installed for any private street . ( 12 ) Hardship to Owners of Adjoining -ronerty Avoided : The street arrangements shall not be such as to cause hardship to owners of adjoining property in Platting thoir own land and providing convenient access to it. 3ubd . 4 Alloys . ( 1 ) Locational goquirenents; Either a public or Tarivatc alley may be provided in a block where commercially zoned property Pbuts a major thorough- fare or a major street . Alleys in single family residential areas are to be prohibited. ( 2 ) Widths : All alley rights-of-way and pavement widths 12 . shall conform to the following minimum standards : i Classification Right-of-'Iay Pavement Industrial or Co•m,nercial 30 feet 30 feet Multiple Residential 24 feet 24 feet ( 3) Grades : All centerline gradients shall be a least 0.3 per cent and not exceed six per cent. v Subd. 5 Intersections : ( 1) The angle formed by the intersection of streets shall not be less than 60 degrees , with 90 degree intersections preferred. ( 2 ) Intersections of more than four corners shall be prohibited. ( 3 ) Roadways of street intersections shall be rounded by a radius of not less than 15 feet. Roadways of alley-street intersections shall be rounded by a radius of not less than six feet. Corners at the entrances to the turn-around portions of cul-de- sacs shall be rounded by a radius of not less than 15 feet. Subd . 6 Curb and gutter may be included as a part of the required street surface improvement and shall thus be designed � . for installation along both sides of all roadways in accordance with the standards of the `Tillage . Subd. 7 Boulevard Sodding shall be included as a part of the required street improvemonts . s Subd. Sidewalks : 3 ( 1 ) Sidewalks may be included as Part of the required street improvement and widths shall conform to the followin.- minimum standards : Classification Width Single family zone 5 feet "r-ultiple family zone and public building sites 6 feet Commercial zone 10 feet Industrial zone 6 feet ( 2) Grades : Si4svalks shall slope one-fourth inch per foot away rrom the property line and the profile grade shall not exceed six per cent. i �ubd . 9 Pedestrian `lays : In blocks over 900 feet long, pedes- trian crosswalks through the blocks , and at least ton � feet wide , n:ay be required by the Villa;o Council in f i` locations deemed necessary to public health, convenience and welfare . Such pedestrian ways shall be surfaced. Subd. 10 rater Supply : When public supply is available , extensions 13 . of the -later supply syste*a shall be designed so as to provide public water service to each lot, The design of said extensions shall be in accordance with the standards of t1^e Village. Private water } sup,aly systems shall be constructed and maintained accordinz to state lairs and Village ordinances . .Subd. 11 Sewage Disv3osal : then *)ublic systems are available, extensions of the sanitary server syste. s3.all be designed so as to provide sewer service to each lot. The design of said extensions shall be in accordance with the standards of the Villa-e. Subd. 12 Drainage : A com-,A ete and adequate drainage syste-m design s7aali be required for the subdivision and shall include a stor-n sel-rer system or a system of oven ditches , culverts , pipes , and catch basins , or both systems , as required by the Village Engineer. 3uc'n system or systems shall be designed and installed in conformity faith all ap?licable standards of the Village at the develonerrs expense , and subject to the approval of the Village Council . Subd. 13 Easements : ( 1 ) Provided for Utilities : Easements at least 12 feet wide , centered on rear and other lot lines , shall be provided for utilities and shall be dedicated , to the -rilla-e by aparo�riate language in the :m- owner ? s certificate . They shall have continuity of alignment from block to block, and at deflection point easements for pole-line anchors shall be ,Provided where necessary . Easements shall be Tpro- vided along ,?ronerty lines from utility easements on rear lot lines to rights-of-way so as to provide for a street light interval not to exceed 500 feet or as -nay ba required. (2) Provided for Drai.na-,c : Sasenents shall be *provided along .sac:_ side of t,te centerline of any water course or drainage channel whether or not shown in the Villa;e _'Ian , to a widt% sufficient to provide nroi3er maintonp.nce and protection and to provide for store water run-off and installation and --izintcnance of storm sewers , and they shall be dedicated to the Village by appropriate language in t:ie owner l s certificate . Subd. 14 Street Trees : Street trees when planted shall not be less than 50 feet a*.)art with a mininum of one per lot . The mini:nu-n size and type to be planted shall conform to the provisions of the applicable ordinance of the Village . No street trees shall be planted on public rig;zt-of-!gay . Y.. Subd. 15 Street Fa-nos : "Janes of new streets shall not duplicate existing or platted street na-ies unless a now street l��w is a continuation of or in alin-nent with the exist- ing or 'platted street , in whica event , it shall 'dear the same name of the existing or platted street so in alignment . Subd. 16 Rloc?<s : ( 1) Length: '?lock len?ths shall not exceed 1 ,000 feet nor be less than 400 feet in length. In non- residential areas , bloc% length and widt'1 shall ba ­>Iatted as may be deter^pined to be the most suitable for the 'rind of occupancy intended. ( 2) Arran-er:ont : A bloc's s'_za ll 'tee so desi ned as to oro ride t-ro tiers of lots , unless it adjoins a railroad , najor thorou-hfar3 , limited access highway , river or 1-rherc it may have a single tier of lots . 3ubd. 17 Lots : ( 1 ) Locations : All lots shall ha7c frontage on a publicly dedicated street or a street that has received legal status as such. (2 ) Size : T'_-.e lot di-!ensions in subdivisions designed s'aall not be less than the -ninicnu-n dimensions ! required to secure tine mini-mum lot area specified in the Zoning Ordinance. ( 3 ) ?utt Lots : butt lots shall be Matted at least five feet wider than the average vid th of interior lots in the bloc%. ( �! ) Corner Lots : Corner lots shall be platted at least 15 feet -rider than the mini num width required by the ?onin,; 3rdinance. (5 ) Side Lot Lines : Side lines of lots shall be sub- stantially at ri~ t angles to the street line . ( 6 ) later Coursas : Lots inbutting upon a water course , drainage way , channel or strea-i shall have an additional dept_ or width , as required , to assure houses sites that are not subject to flooding. ( 7 ) Natural :eatures : In tho subdividing of any land , regard sYiall be shown for all natural features , such as troes , water courses , historic spots or si-zilar conditions , which if preserved will add attractiveness and stability to the proposed devoloon Cant. Lot lo-inants : All re-nnants of lots below -iinimu-n size left over after subdividing of a larger tract , •nust be added to adjacent lots , or a plan Shown as to future use rather than allowed to remain as t unusable T:)arcols . 18. Section 11 Public Sites and Olen Space Subd. 1 Parks and School Sites: The owner or owners of lands being subdivided for residential uses shall be required as a pre- requisite to approval of the plat or subdivision to convey to the Village for public purposes a minimum of five (S$) per cent of the area being platted or subdivided, said land being suitable for public use as parks and playgrounds; or that the owner or owners may at their option contribute an equivalent amount in cash to the Village, provided that the cash payments received sh--11 be placed in a special fund by the Village and used only for the acquisition of land for parks and playgrounds. Any cash contribution in lieu of land shall be based on 15% of the assessors full and true value of the land being subdivided. Subd. 2 Drainageways: Whenever Wine Mile Creek, Riley Creek, or Purgatory Creek are contained within the prelimi- nary plat, a park-drain ageway measuring one hundred (100) feet each side of the center line shall be dedicated to the t Village. ...Any land so dedicated shall be considered as a part of the requirement of Subd. l above. P Section 12 Required Improvements on the Site: Subd. 1 Prior to the approval of a final plat by the Village Council, the subdivider shall agree, in the manner required by the Village, to install, in conformity with construction plans approved by the Village Engineer and in conformity with all applicable standards and ordinances of the Village, the follow- ing improvements on the site: Subd. 2 Installation of monuments of a permanent character on the boundary of the subdivision and for all lots within it as required. Subd. 3 Street and Alley Improvements: (1) The full width of the right-of-way of each street and alley dedicated in the plat shall be graded. (2) All streets and alleys shall be built to Village Specifications. 16. ( 3 ) Curb an(f butter and sidevr^lss •lay be required for all subdi-risions . ( 1.' ) o::levard sods'ina and t"-:o plantln of one trae for .:ac:= lot s:_all be -?ro-rided . -ay require sidowal'_>s to "be installed iirhero , in the o�2.n3.-)n of t^e "rilla-o 3ngineer, the, arc nccessr ry. 3u'ad , Utility 'nstal l^ tion : ( 1) _f sanitary surer is c_`_r11 J1L' frJ". a T1ublic sfSt0"' , subdl ridz)r sb:alZ a-railablc to each lot . ( 2) if is a-railablo fro': public syste-1, the su'ac'.i•ridor s''_.all -:a"tc wator a-ailabla to cE-.cb. lot . ( 3) A systo--- t;I'.t grill adequ toly ta:ce care of the -rater run-off -,•rithin t'_c subdivision shall be -3rovidod. If the "Tillage Council , u:oon the roco-::nondation of t:_o •"Tilla .-e Sn_inoor , deter:linos Viat it is feasi:ao for the su:f- i-rider to install stor,-i sewers con- nectod to t::,c e;istin- store se'wor systern of tIac 'rillz�: rritl_in or adjacent to the subdivision , or an c,:tension of thD -:)u l---lic syste or an independent syste--;, t«c subdi-rifer , at ';is cx-:)cnse , s1_all insta 11 a stor-, saircr systo~, to 'pro lido drainage. Provision --us t be •^zde to 1aanelo not only the run- off of the su'�_-d_i�rision lanes , but also that of any natural dry ina-e of ot.•-.er lands that occurs on tha �ro*�erty , itch lamina-c systom, shall be intc-rated any arjacent system includinz a nart of a state .hi,-away or other strut erainage facility. Subs . S ?ay-iant for lnstall­tLion of 1--nrove-zcnts : It is h,reby declzrce, to ?ac the policy of the ?illy-b to proceed as oracticablo after final a?;orovn1 of a subdivision plat rrith installzt•ion:, of suc_z i-1_7ro7ro-.1ants as nay be requiree 'oy th3 Ordinance . �., c -ri111�e sn-incor riay 'Do directc"- to and s?Ccifica Lions for t:hc sz•-:e nnof shy 11 su it his r^co :---iendation for such i-: -)rovo-iont. together :rit:z osti-llted costs to the Council . T'..c -villa„o Council -- ay zut'horize ,?ro-paration of sue:_ al1ns anc snccifications by an en-; �inoer c-:r3Ioyec' y t'zc subdivic'cr at 'his sole c::-acnso and unc!er t'_a direction a►1c! su�cr-rision of the -7illa-a En inc::r. ,?•le -rilla7c Council --:ay autaoriza the oxecu- tion of a contract bct7•roen the `.ri11r_gc and ti,e sub- e,i,riear requi rin- t, subdivic'.cr to furnish and construct th.e sail i-nprove :cnts at the sole cost of t'_e subei vieiar in accordance gait'_ scans and snocifiea- tions , and contract arran e° ants a-.,:)-,-roved by the -rilla-0 Colmci.l l.ihich shall include su-oer•vision by tine "rilla ,c 3ngineer , and grant the -Tillage Engineer 17 . J ut'...ority to correlate ane'. co:)reinate the wor?z to ba c' onc unc.er said contract i-ritv_. otter i:-•;•:>ro-re,-1ents in t _e su_-li vision -/hick may be constructed? bf t'^o Ji12aYo vndcr con tract ►•rith oAt ers . i 3u':)c , for _ro-:der n st^llation of lnnrove- -ients : ( 1 ) Prior to t=ac: c :3n. s-tm-.eti.on of any require% i••i-drove- -:en or to t'_: cs ablis'_Ciont of an escro-•r account , :.'_c s z .-'i-ric'cr shall furnis' tl:c "rilla e Council wi t''i all .-lans , infor-?ation and athcr data n--cos- � sary for sale.. z--,.ro-re _ants . The mans s.-.all be cy ?ae Villa -re _-nz-ineer ant' gill be -iittec' for a �,�ro-ral bJ. v'zc Council if in accordance the req :ire: •-ents of t--.is oreir,ancc . _f a contract -mil t'--on 'z-- setting forth t. conC12tions Lancer •P:iic'" :.' i•-:�ro•roront !9211 '•tee ( 2) 3zi contract stall inclu,�c -provision for suer- vinion of details of construction !_y t'_-- ;7illago 3n -inc.or and ,ran:, to t'- o "Iilla_ e engineer :ut +ority to correlat„ t' a to e r 0i23 un:�er , contract 'z!y any su'-,-c:-,ntrac tors _ut'^orizcc' to '?rocce-'. t'.eround:r, and' with any otY,.ar -ior% boin^ done or contractor'. :,DJ the 'rilla-ro in the �Ticinit;r. � . . ( ?) T:1c a,-ree.-on t s .al1 require t:3e sut:e ivic'or to -'---et a financial L:arantce as for 1_crainafter. ( ZL) =':zc ti-no for co--i-,)lction of tT:a rroric and the se•reral ?arts t:_er: of s:-all be r_'eter,-Anec. by t,'.e '.rilla-a Council u--)-:)n rccr)•--:on-'.ation of t'_-e 'rilla-e En;-inter after consultation witi-i t:=c subc' i:ridor , ane.. shall be roasonable in relation to tie Mork to be - onc , the seasons of t.ha yoar, ant' �rooer corralation ­iitn construction activities in the su'o%i-rision. ,^,houlc'. t -a co-,3lcti.,on c`ate not be -lot , or ri:enc-rer construction of i,-:--7rove-jents is not .crfor-1ccft in accordance with a-:r-:)lica'ole stan`'',ares , s,.:ccific^tions ane saolience , the, :a.,u requost c n o tcnsicn of ti-7e , -•3ro- -ri,'oe that 'io can show roasona:Ae cause for inability to -aorfor-- in accorrIancc --rite his contract aTrca•--ont . T'.c eptcnsi.on of ti-:o shall not excee:' nont'-is o.>cc*at in unusual conc'itions , and at t'_ a one of 'saic! ontonsion , the ,Tillage will use as -iuc!: of t'.e Lund , case do-losit or certifier' chec'_: to co-:*-)lote snit' 'project as --ay be necessary. ( $ ) The -ril lade an%. the subd i-rider -.iay enter into a -rrittc7 a.-,refl-:ant Ito-zizin- t_�.o several ?h.ases of tho construction or installation in sequence t,rith - a cas'.i a--ount o-?-?osita each -rovicl.oc' that earli z-cunt so listed may be re-mid to t'_.e sub- i3. i*ric,er u-.3on c�,,:r:)lction and. a-aroval after ins7oction of the -3articular o;.ase of sucli work ro-aresantoe by saic' a:-punt. ten ( 10 ) -nor cent of the cas^ .'e-30sit , certified chec&, or t:=e norfor-nance Bonet s' all not ':�a reloasce to toe subc_iFric'or until all construction anf installation covorerf Ly the a?ree- -cnt is co �-aletcc' , ins�ectef ane' a_-3-;rovo'? 'oy t_ze gut(' 7 Financial ^c:arantco: ( 1 } ;n ore'cr ti_at t'1c tillage ',as t_-_c assurance the construction an--'. ins tall�Lion of roquirec' intro-re gents *rill --c --ono , t'-ie contract shall roqLiire t'_.o su'x'ivifor to •enter into one of the folloT:rinc- aTreo rents : (a ) Construct all i•_.--ro-re -onts directly ^ffecti.n.- t`.l e suJeAvisi on , as roquirce- 'z y tnc "rilluga ^r3.or to L-=e f inn! r-a--ro-ral of tha flat. ( b) --in lieu of the c:, .:Action of the i inrove�.cents , an escrow s''iall bo -ia�.c wit:-1 the -Tilla-e Treasurer in a su-n equal to one an,4 one '_calf ( 12) ti-nes t'i-o total cDst zs esti- •-Iatoc: by t:=e 'rilla-•o 3ngineer , inclu Jinn cost of ins-3ection by the -rillar--e Sn-ineer , inclu- din- cost of ins-section by t.-Ye 'villa-c of All of the i^z�r, --.cnts to be furnis� ee'. an;' installa by the sub-11irie.er -?ursu,-nt to t-+.e contract an:' ir'_hich ha re not been co'.::-ilotoe -prior to of the final flat . ( c ) ' 'I'ze 'villa- e shall -e entitled to reirnburse- _-4nt out of sai-' .-'o-osit for any cost and o:•-3enso incurro-' the "rilla 3 for co-n">1.e- tion of trio woric in case of -•efault of tho su'�e'ivi-'cr un-'er said contract , an-' for any e'a-nagos sustained by t'; ; `rillage on account of any .:reach thereof . J on co--.inletion of t'ae rror': n n,' ter,-?inat:ion of any lia7Ality to ti:e Villa-a of the subx7ivi; er under said contract , t':c balance re--zaining in said c'e--)osit s'iall bo refunded to the subdivieor. (c' ) n lion, of :aainS t' o escrow exposit above c'escribed , Cho sub:'ivi-'er -:ay furnish tine '�illa�e grit'- a --wblic contractor s ?orfor-- -1anco bone' in fore •-)roscri'Le:' by statute , toith cor 3oratc sur;ty , in a -penal su•-i oqual to one ane ono-half ( 1,) ti-ias th.e total cost as esti,.nate' --y tho Village �nsinocr, ( inclu'in. cost of ins-->ection 'ay the 'rillae , of F-tll of ti-e to b.o furnished and installee by the sub:'ivi.der -pursuant to t'-ze contract ane whieli ha-re not been coy:,--letee ->rior to a,.>-orov?1 of t}zo final 19. plat. The bond shall be approved by the Village Attorney and filed with the Village Clerk. Subd. 8 Construction Plans: Construction plans for the required improvements conforming in all respects with the standards of the Village Engineer and appli- cable statutes and ordinances shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Minnesota, and said plans shall contain his seal. Such plans, together with the quantities of construction items, shall be submitted to the Village Engineer for his preliminary approval and for his estimate of the total cost of the required improvements. Upon this approval they shall be submitted to the Village Council for final approval and become a part of the contract required by this Ordinance. The tracings of the plans approved by the Village Engineer plus two prints shall be furnished to the Village to be filed by the Village Engineer as a record. Subd. 9 Inspection: All required improvements on the site that are to be installed under the provisions of this Ordinance shall be inspected during the course of construction by the Village Engineer at the subdivider's expense, and acceptance shall be subject to the Village Engineer's certificate of compliance with the contract. Subd.10 Upon Village Engineers certificate of compliance and prior to final approval by the Village Council, the developer shall furnish to the Village an "as built" drawing by a Registered Land Surveyor and/or Registered Engineer showing that the improvements as proposed were in fact built and are in place. Subd.11 Improvements Completed Prior to Approval of Final Plat: Improvements within a subdivision which have been completed prior to application for approval of the f inal plat or execution of the contract for installa- tion of the required improvements shall be accepted as equivalent improvements in compliance with the requirements only if the Village Engineer shall certify that he is satisfied that the existing improve- ments conform to applicable Village standards. Section 13 Modifications, Exceptions and Variances: Sudb. 1 Complete Neighborhood: The Village Council, upon receiving a report from the Village Planning Com- mission, may grant a variance from these regulations in case of a subdivision large enough to constitute a more or less self-contained neighborhood provided the Council receives adequate safeguards to assure development according to a plan. Said plan shall not be in conflict with the major street plan and shall, . .' in the opinion of the Council, provide adequate public open space and be a desirable community development. 20. Subd. 2 Minor Subdivisions: (1) In the case of a subdivision of small size and F of minor importance situated in a locality where conditions are well defined, the Village Council may exempt the subdivider from complying with some of the requirements stipulated. In the case of a request to divide a lot which is a part of a recorded plat where the division is to permit the adding of a parcel of land to an abutting lot or to create two lots and the newly created property line will not cause the other remaining portion of the lot to be in violation with this ordinance or the zoning ordinance, the division may be approved by the Council after submission of a survey by a registered land surveyor showing the orit-inal lot and the proposed division. (2) In existing platted properties containing not more than two and one-half (21�) acres in gross area, the installation of necessary street improvements and utilities installation as set forth in Section 12 may be made by the Village and costs of installation be assessed against each individual parcel in a manner satisfactory to the Village Council. w' Subd. 3 Variances: (1) The Village Council may grant a variance upon receiving a report from the Planning Commission in any particular case where the subdivider can show that by reason of exceptional topography or other physical conditions the strict compliance with these regulations could cause an exceptional } and undue hardship right provided such relief may be granted without detriment to the public welfare and without impairing the intent and purpose of these regulations. i z Section 14 Building Permits : No building permit shall be issued by -any governing official for the construction of any t building or structure or improvement on any land required to be subdivided by this ordinance until all requirements of this ordinance have been fully complied with. Section 15 Violations and Penalty: Any person violating any pro- vision of this ordinance shall be quilty of a mis- demeanor, punishable by a fine of It more than one hundred dollars ($100.00) or imprisonment not exceed- ing ninety (90) days. 21. s Section 16 Effective Date : This Ordinance shall be in full force and effect fifteen (15) days after publication in the official newspaper. ADOPTED by the Village Council of the Village of Eden Prairie this 28 th day of February , 19 67 t 401ayorZ,!�—Vi"llagge of Eden Prairie Attes Clerk Approved as to Form and Legality: W. Harlen Perbix, Village Attorney Published in the Hennepin County Review on 3-16-67 t 22. E AFFIDAVIT OF PUSUCATION t� ) The Hennepin County Review ; :A 12 Suburban Square Hopkins, Minnesota State of Minnesota County of Hennepin SS. E' s'. ( Cr7al�•,iititian - .a JE,turtejiO�ci� I lit!$ � d`,t w. JOHN BERTRAM, being duly sworn, on oath says he is and during all the times herein stated "'AW �Q�i+ has been the general manager and printer of the newspaper known as the Hennepin County ^4s�D_, � # r Review and has full knowledge of the facts herein stated as ioIIowa: (1) Said newspaper is p=A printed in the English language �i .j , Q guaee in newspaper format and 1n column and sheet form 4...,s.,,OF, equivalent in printed space to at least 9W square inches. (2) Said newspaper is a weekly and r' •see, 4 Is distributed at least once each week. (3) Said newspaper has 5M of its news columns devoted to news of local interest to the communitywhich it .I purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and Ott advertisements. (4) Said newspaper is circulated In and near the municipality which it purports ou etas ' to serve, has at Ieast 500 copies regularly delivered to paying subscriberv, has an average of M + re at least 75% of its total circulation currently paid or no more than three months in arrears u {13'., b' # Ste• as and has entry as second-class matter in its local post-office. (5) Said newspaper purports to ,serve the City of Hopkins and Villages of Minnetonka and Eden Prairie in the County of g ii Hennepin and it has its known office of issue in the City of Hopkins in said Bounty, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the publisher of said newspaper and subject to i slsneles, :pa his direction and control during all such regular business hours. and at which said newspaper is .* a, tRd 9 printed. (6) Said newspaper files a copy of each issue imanediately with the State Historical (\ Socae.-I. (71) Said newspaper has complied wiith all the foregoing conditions for at least tv.,- qt► , years preceding the day or dates of publication mentioned below. (8) Said newspaper has it prior to January 1, 1988 and each January 1 fir. filed with the Secretary of State of Minnesota V thereafter an affidavit in the foam prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper ', is a legal newspaper. C, lie further states on oath that the printed . .. .... ordimince = g00 hereto attached as a part hereof was cut from the columns of said newspaper, and waa printedt sif, 1 and published therein in the English language, once each week, for successive weeks; r, that It was first so published on Thurs the ... day of 23rd. . . ..►'+!D►m?,... .. 6? • 19 and was thereafter printed and published on every ... to and including ! )u r the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z. both Inclusive, and Is hereby acknowledged as bring mkio+ the size and kind of type used in the composition and publication of said notice, to wit: £ ",' fir. abedefghijklmnopgrstuvwxyz .S}„�;,,• .., r ....W..'ar � + y3j Lt�p S Subscribed and sworn to before me this day of ....March...................... (Notarial Seal) x A � 1 i • itity Alice J. Bison. oRa ublfc, Hennepin Cot , Minn. s' My Colpmisslon_Expirga. Dacember. 28, ,1975 i