The Taconite Capital of the World

City of Mountain Iron, Minnesota



Chapter Number 153, Subdivision Regulations

Section

General Provisions

153.01 Purpose

153.02 Definitions

153.03 Variances

153.04 Enforcement

153.05 Fees

Preliminary Plan and Final Plat

153.20 Procedure for submitting preliminary plan

153.21 Final plat

153.22 Data required for preliminary plan

153.23 Data required for final plat

153.24 Subdivision improvements

Subdivision Design Standards

153.35 Streets

153.36 Intersections

153.37 Alleys

153.38 Easements

153.39 Blocks

153.40 Lots

153.41 Open space and natural features

153.99 Penalty

GENERAL PROVISIONS

� 153.01 PURPOSE.

(A) The Subdivision and Platting Section of the city sets forth the minimum requirements deemed necessary to insure and protect the health, safety and welfare of the public.

(B) More specifically, the provisions of this chapter are designed to:

(1) Assure that to the maximum extent possible all lands will be developed for the best possible use with adequate protection against deterioration and obsolescence;

(2) Encourage well-planned subdivisions through the establishment of adequate design standards;

(3) Create neighborhoods which will be of lasting credit to the community;

(4) Facilitate adequate provisions for transportation and other public facilities;

(5) Secure the rights of the public with respect to public lands and waters;

(6) Improve land records by the establishment of standards for surveys and plats;

(7) Safeguard the interest of the public, the homeowner, the subdivider and units of local government;

(8) Provide common ground for understanding between developers and local units of government;

(9) Prevent, where possible, excessive governmental operating and maintenance costs;

(10) Provide for the safe and orderly flow of traffic.

(Prior Code, � 24.01)

� 153.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ATTORNEY. The City Attorney of Mountain Iron, Minnesota or his or her authorized representative.

BLOCK. An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision or a combination of the above with a river, lake or rail line.

COMPREHENSIVE GUIDE. Compilation of policy statements, objectives, standards and maps for guiding the physical, social and economic development, both public and private of the municipality and its environs, as defined in the Minnesota Municipal Planning Act.

ENGINEER (CITY ENGINEER). The City Engineer of Mountain Iron, Minnesota or his or her authorized representative.

LOT. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage in area and to provide such yards and other open spaces as are therein required; provided that in no case of subdivision shall any residual lot or parcel be created which does not meet the requirements of this chapter. Such lot shall have frontage on a dedicated street and it shall consist of:

(1) A single lot of record, or a portion of a lot of record; or

(2) A combination of complete lots of record and/or portions of lots of record; or

(3) A parcel of land described by metes and bounds.

LOT (BUTT). A lot at the end of a block and located between two corner lots.

LOT (WIDTH). The width of a lot is its own mean width measured at right angles to its mean depth.

OWNER. An owner is any individual, firm, association, syndicate, co-partnership, corporation trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.

PEDESTRIAN WAY. The right-of-way across or within a block for use by pedestrian traffic whether designated as a pedestrian way, crosswalk or however otherwise designated.

PERSON. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity.

PLANNING COMMISSION. The Planning and Zoning Commission of Mountain Iron, St. Louis County, Minnesota.

SETBACK. The minimum horizontal distance between a building and a street or lot line.

STREETS and ALLEYS.

(1) STREET. A public way for vehicular travel, whether designated as a street, highway, thoroughfare, parkway, throughway, road or arterial, land place or however otherwise designated.

(2) ARTERIAL STREET. A street which is a principal route through the city or between two parts of the city and includes thoroughfares, freeways, highways and the like.

(3) COLLECTOR STREET. A street which carries traffic from minor streets to thoroughfares, freeways, highways and the like, it includes the principal entrance streets of a residential development and streets for circulation within such a development.

(4) MINOR STREET. A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood.

(5) ALLEY. A minor way which is used primarily for vehicular access to the back or the side of properties abutting on a street.

(6) CUL-DE-SAC. A minor street with only one outlet and having a turnaround.

(7) HALF-STREET. A public right-of-way having only half the required width as specified in � 153.35.

(8) PRIVATE STREET. A way for vehicular traffic which is not owned and maintained by the municipality.

(9) STREET WIDTH. The shortest distance between the lines delineating the right-of-way of a street.

SUBDIVISION. The division of a lot into two or more lots for the purpose of transfer of ownership or building development, or if a new street is involved, any division of a lot, provided that the following shall not be deemed a subdivision:

(1) The division of a lot into lots of five acres or more with a minimum width of 300 feet and not involving a new street;

(2) One division of a lot into lots in any 12 month period of time, provided that said lots shall meet the minimum area and width requirements of the sewage disposal regulations of the zoning ordinance regulations applying to the area in which said lots are located;

(3) Transfers of interest in land pursuant to court order.

SUBDIVIDER. The owner, agent or person having control of such land as the term is used in this chapter.

SURVEYOR. A land surveyor duly registered by the State of Minnesota.

(Prior Code, � 24.02)

� 153.03 VARIANCES.

(A) The Planning Commission may recommend a variation to the City Council from the requirements of subdivision planning procedures or public improvements in specific cases when the track to be subdivided is of such unusual size, shape or character or is surrounded by such development or unusual conditions that the strict compliance with the requirements of this chapter would result in substantial hardship or injustice or when a group housing or cluster development is proposed.

(B) The standards and requirements of these regulations may be modified by the City Council in the case of plans which in the judgement of the Council achieve substantially the objectives of this chapter and which are further protected by such covenants or other legal provisions as will assure conformity to and achievement of the plan.

(C) In recommending any variation, the Commission shall take into account the following:

(1) The location of the proposed subdivision, proposed land use and existing use of the land in the vicinity;

(2) The number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity;

(3) Those variations that will allow the subdivider to develop his or her property in a reasonable manner and at the same time preserve the general intent and spirit of this chapter and protect the public welfare and interests of the city;

(4) In granting variances and modifications, the Council may impose such conditions as will, in its judgement, secure substantially the objectives of the standards or requirements so varied or modified.

(D) Application for any variation shall be submitted in writing by the subdivider at the time the preliminary plat is filed and shall state fully the grounds for the application and the facts relied upon by the petitioner. The request for the variance shall be noted in the notice of public hearing regarding the preliminary plan. The Commission shall consider such application at the meeting on the preliminary plan and give its written recommendations thereon, with the reasons therefor, at the time of its approval or disapproval of said plan. The Council shall consider the variance application concurrently with the preliminary plan and within the same time framework.

(E) Attention is called to the Planned Unit Development procedure set forth in � 154.030. The Planned Unit Development procedure is basically a development procedure that is a variance to the entire subdivision process.

(Prior Code, � 24.09)

� 153.04 ENFORCEMENT.

Unless approved as a final plat as provided herein, no subdivider shall be entitled to record in the County Register of Deed�s office or have any validity and the City Administrator shall not issue building permits for any structure on a lot in any proposed subdivision. The Council shall not permit any public improvements to be installed unless the preliminary plat is approved and shall not permit any services until approval of the final plat and recording of same.

(Prior Code, � 24.10(1))

� 153.05 FEES.

The fees for submission of plans and estimated legal and engineering costs and the like shall be established by the City Council by resolution.

(Prior Code, � 24.11)

PRELIMINARY PLAN AND FINAL PLAT

� 153.20 PROCEDURE FOR SUBMITTING PRELIMINARY PLAN.

(A) Sketch plan. The subdividers should meet with the City Planning Commission, the City Administrator and other appropriate officials (the City Engineer and the like) in order to become fully aware of all applicable ordinances, regulations and plans in regards to the proposed subdivision. Subdividers are also invited to prepare for review with the Planning Commission and other appropriate officials a proposed subdivision sketch plan which, in order to be most useful, should contain the following information:

(1) Site map showing streets, schools, commercial centers and other significant developments;

(2) Subdivision boundaries;

(3) North arrow and scale;

(4) Streets within, adjacent and servicing the tract;

(5) Topography and physical features;

(6) Proposed general street design;

(7) Proposed lot size and orientation.

(B) Submission of such sketch plan shall not constitute formal filing of a preliminary plan. The intent of the sketch plan is to allow the Planning Commission to point out any deficiencies in the plan and to recommend any modification necessary to bring the plan into conformance with the applicable ordinances and regulations.

(C) Preliminary plan.

(1) Filing. Before subdividing any tract of land, the subdivider shall file with the City Administrator:

(a) Fifteen copies of the preliminary plan, said plan being in compliance with � 153.22;

(b) Applicable fee pursuant to � 153.05;

(c) The sum required to prepay all planning, engineering and legal expenses incurred by the city for the review of the proposed plan, based upon the estimate of the Council.

(2) Distribution to other agencies. The City Administrator shall refer one copy of the preliminary plan to each of the following agencies:

(a) County Highway Engineer, County Board of Health if septic systems are to re utilized, Mountain Iron School Board, City Engineer and the Mountain Iron Department of Public Utilities, and to the Commissioner of Transportation for review if the plat includes or borders on a trunk highway, for review and report;

(b) If within 30 days any agency fails to submit a report, the city may proceed on the assumption that the agency has approved the plat.

(3) Hearing. The Planning Commission shall hold a public hearing and shall submit a recommendation to the City Council within 60 days of the date of receipt by the City Administrator of the preliminary plan. The public hearing shall be conducted after notice of time, place and purpose thereof has been published in the official newspaper at least ten days before the day of the hearing.

(4) Scope of review. The Planning Commission shall determine whether such preliminary plan conforms to the design standards set forth in this section and conforms to the adopted comprehensive city plan.

(5) Council approval. Within 30 days after receipt of the recommendation of the Planning Commission, the City Council shall act to approve or disapprove the preliminary plan. If disapproved, the reason for disapproval shall be set forth in the minutes of the Council.

(6) Approval. Approval of a preliminary plan shall not constitute approval of the final plat. Approval of a preliminary plan is hereby limited to a period of 12 months.

(Prior Code, � 24.03)

� 153.21 FINAL PLAT.

(A) Final submitted. The subdivider shall file three hard shell and two linen copies of the final plat for consideration by the Planning Commission and the City Council incorporating all changes or modifications required as conditions of approval of the preliminary plat as approved. The plat shall be complete as to the information required pursuant to this section.

(B) Evidence of ownership. The subdivider shall also submit an up to date and certified abstract of title or registered property certificate or such other evidence of title as required by the City Attorney.

(C) Review. The City Administrator shall submit the final plat to the Planning Commission who shall consider the same within 30 days of the time of this receipt by the City Administrator. The Planning Commission shall give its recommendation to the City Council and the City Council shall act on the final plat within 60 days from the time of receipt of the final plat, unless a longer time is agreed to by the subdivider.

(D) Standards for review. A final plat shall not be approved unless it:

(1) Conforms to the preliminary plan approved by the Council;

(2) Meets the minimum design standards and engineering specifications set forth in this section;

(3) Conforms to the comprehensive zoning ordinance of the city;

(4) Meets the requirements of the applicable laws of the State of Minnesota;

(5) Has been reviewed by those responsible for the provision of gas, electric and telephone service and evidence has been presented that the plat has been approved by those entities.

(Prior Code, � 24.04)

� 153.22 DATA REQUIRED FOR PRELIMINARY PLAN.

The following information shall be included on or submitted with the preliminary plan, the scale shall not be greater than 100 feet per inch:

(A) Identification and description:

(1) Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation of the name of any plat theretofore recorded in the city. Short names are preferable;

(2) Location of subdivision by section, town, range or by other legal description, together with small-scale sketch showing location within the section;

(3) Names and addresses of the owner, subdivider, surveyor and designer of the plat;

(4) Graphic scale and north arrow;

(5) Date of preparation.

(B) Existing conditions in the tract and in a reasonable area surrounding the tract:

(1) Property lines;

(2) Areas proposed for non-residential use;

(3) Total acreage of proposed plat; (Acreage of individual lots in preliminary plat only.)

(4) Platted streets, railroad right-of-way and utility easements;

(5) Permanent buildings or other structures;

(6) Location of existing sewers, water mains, culverts or other underground facilities.

(C) Wooded areas in outline only.

(D) Subdivision design features:

(1) Layout of proposed streets, showing right-of-way widths and names of streets;

(2) Location and widths of proposed pedestrian ways and utility easements;

(3) Layout, numbers and approximate dimensions of lots;

(4) Areas, other than streets, pedestrian ways and utility easements intended to be dedicated or reserved for public use, including the size of such area or areas in acres;

(5) Minimum front and side street building setback lines indicating dimensions;

(6) If a replat, the original lot and block arrangements shown in dotted or dash lines;

(7) The location of all monuments.

(E) In addition to the plat, the following information shall be required and filed with the preliminary plat:

(1) A topographic map at the same scale as the preliminary plat showing proposed lot lines existing and proposed topography, street center line grades, water courses, marshes, vegetation and other significant features;

(2) Soil absorption tests where septic tanks are proposed in accord with the city sewer and water ordinance;

(3) A schematic utility plan for water, sanitary and storm sewers and drainage and including the proposed location, gradient and size of such proposed sewer and waterlines;

(4) A map indicating plans for the development of the entire area if the proposed plat is a portion of a larger holding intended for subsequent development;

(5) Proposed restrictive covenants and a copy of any restrictive covenants pertaining to adjacent properties;

(6) Other reasonable information as requested by the Planning Commission.

(Prior Code, � 24.05)

� 153.23 DATA REQUIRED FOR FINAL PLAT.

(A) The final plat shall be prepared in accordance with the applicable provisions of M.S. Chapter 505, �� 505.02, 505.03, 505.04, 505.08 and 505.32, as they may be amended from time to time, or other applicable provisions of the statute as from time to time provided.

(B) The final plat shall include certification by the owner and surveyor and certificate of approval by the city and certificates regarding taxes by the County Treasurer and County Auditor and the certificate of filing by the Register of Deeds.

(C) The final plat shall incorporate an identification system for all lots and blocks, which shall perpetuate the existing numbering system within the city.

(Prior Code, � 24.06)

� 153.24 SUBDIVISION IMPROVEMENTS.

(A) Conformity with construction plans. Prior to the approval of a final plat, the subdivider shall have agreed in the manner set forth below to install in conformity with construction plans, approved by the City Engineer and in conformity with all applicable standards and ordinances, the following on the site.

(1) Monuments. Monuments of a permanent character as required by M.S. � 505.02, as it may be amended from time to time, shall be placed at each corner or angle on the outside boundary of the subdivision. Pipes or steel rods shall be placed at each corner of each lot and at each intersection of street centerlines.

(2) Streets and alleys. All streets and alleys shall be graded to their full width except in areas where tree cover and topography can and should be preserved. All streets and alleys shall have an adequate subbase and shall be improved with an all-weather surface in accordance with city design standards.

(3) Curb and gutter. Permanent curb and gutter shall be installed on both sides of each improved street dedicated in the plat, except in those areas zoned RR and UR 108.9.

(4) Water supply. When a proposed subdivision is located adjacent to or reasonably near the existing service area of a public water system, water lines shall be extended and service connections shall be stubbed into the property line of each lot. Fire hydrants should also be provided.

(5) Sewage disposal. Sanitary sewer mains and service connections shall be installed to service all lots less than two and one-half acres in size and shall be connected to the public system.

(6) Storm drainage. A system that will adequately take care of the surface water runoff within the subdivision shall be provided. Such system shall include those items of design as the City Engineer requires and may include storm sewers, drain inlets, manholes, culverts and the like.

(7) Street signs. Street signs of a standard design approved by the City Engineer shall be installed at each street intersection.

(8) Public utilities. All utility lines for telephone and electrical services shall be placed underground.

(9) Street lighting. Street lighting shall be required in all subdivisions and plans shall be approved by the City Engineer, except RR and UR 108.9.

(10) Pedestrian ways. All walkways adjacent to streets or otherwise defined by easement shall be improved to adequately accommodate pedestrian traffic.

(11) Street trees. Street trees shall be planted by the developer in accordance with the standards of the city.

(12) Boulevard sodding. Boulevard strips shall be sodded.

(B) Financial guarantees.

(1) Payment. The required improvements to be furnished and installed by the subdivider, which are listed and described above, are to be furnished and installed at the sole expense of the subdivider and at no expense to the public. If any improvements installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, the City Council may make provision for causing a portion of the cost of the improvement representing the benefit to such lands to be assessed against the same and in such case the subdivider will be required only to pay for such portions of the whole cost of said improvements as will represent the benefit to the property within the subdivision.

(2) Required improvement contract. Prior to installation of required improvements and prior to approval of the final plat, the subdivider shall enter into a contract with the city requiring that the subdivider furnish and construct said improvements at his or her expense and in accordance with plans and specifications to be approved by the City Engineer and that said improvements will be dedicated to the public. The contract shall stipulate the type and extent of the improvements to be constructed, the cost of construction, the construction time schedule, the city�s authority to inspect the construction and the amount of the escrow deposit or performance bond to be furnished in accordance with subsection (3) below. Alternatively, the city in its discretion may require that, or at the request of the subdivider may agree to, undertake the installation of the required improvements, in which event, the subdivider shall enter into a contract with the city agreeing to pay the expense thereof, including all construction, engineering, legal, financing and administrative costs incurred by the city by reason thereof; by such contract the developer shall agree to the method and schedule of payment to the city as determined by the city, and, if required, shall agree to furnish the escrow deposit or surety bond described in subsection (3) below.

(3) Financial guarantee. Prior to the approval of the final plat, if the subdivider is to undertake the installation of the required improvements, he or she shall make escrow deposit or, in lieu thereof, furnish a performance bond equal to the total construction cost of the improvements as estimated by the City Engineer, and including the cost of inspection by the city, or, if the city undertakes the installation of the improvements, and if requested by the city, the subdivider shall make an escrow deposit or, in lieu thereof, furnish a surety bond in the amount of the sum he or she has agreed to pay the city for the installation of said improvements. Any such deposit or bond shall accrue to the city in case of default of the subdivider. In case of default the city shall appropriate any such deposit and pursue its remedies provided by any such bond. The term of any deposit or bond shall be specified by the city. Any bond must be subject to approval by the city. Deposits shall be made with the Treasurer of the city or with a responsible escrow agent acceptable to the city. The city may agree to provide for reduction of the amount of any bond or deposit by reason of completion of, or payment for, the improvements for which said bond or deposit has been made. Nothing herein shall preclude the city from making special assessments against benefitted property for improvements made on it.

(C) Construction plans and as-builts.

(1) Construction plans. Construction plans for the required improvements conforming in all respects to the standards of the city and the applicable ordinances shall be prepared at the subdividers expense by a professional engineer who is registered in the State of Minnesota and said plans shall contain his or her seal. Such plans together with the quantity of construction items shall be submitted to the City Engineer for his or her approval.

(2) As-builts. Upon City Engineer�s certificate of compliance, the subdivider shall furnish the city with as-built drawings prepared by a registered engineer showing the improvements as-built or in place.

(Prior Code, � 24.08)

SUBDIVISION DESIGN STANDARDS

� 153.35 STREETS.

(A) Widths. Street right-of-way widths shall be as shown in the Comprehensive Guide Plan and, where applicable, shall conform to county and state standards for trunk highways. In general, minimum widths should be as follows:

(1) Freeways, 300 feet;

(2) Arterials, 100 feet;

(3) Collectors, 75 feet;

(4) Minor streets, 66 feet.

(B) Horizontal alignment. Bends in horizontal street alignment shall be platted in simple curves. The centerline radius of these curves shall be a minimum of 300 feet for collector streets and 100 feet for minor streets.

(C) Vertical alignment. Different connecting street gradients shall be connected with vertical curves. Minimum sight distance shall be 250 feet for minor streets and 300 feet for collector streets measured from points five feet above the street centerline.

(D) Minimum and maximum grades. Minimum 0.5%; maximum 4% for collector streets, 7% for minor streets.

(E) Minimum carrying capacity. Seven-ton axle loading for minor streets, nine-ton axle-loading base on traffic volumes for arterial and collector streets.

(F) Local streets. Minor streets shall be laid out so that their use by through traffic will be discouraged.

(G) Culs-de-sac. Maximum length: 500 feet. Minimum radius of turnaround (right-of-way): 60 feet. Where certain topographic features or other unusual circumstances dictate, special consideration may be given to longer culs-de-sac.

(H) Direct access to major thoroughfares. In the case where a proposed plat is adjacent to a freeway, arterial or collector street, there shall be no direct access from individual lots to such major thoroughfares except where the lands to be platted are zoned rural residential or UR-108.9. In the platting of small tracts of land fronting on major thoroughfares, where no other access is available, a temporary entrance permit may be granted by the State or County Highway Department. Provision shall be made in such plats for the connection of roads to neighboring land. As the neighboring land is platted and developed, and alternate means of access becomes possible, such temporary entrance permits shall become void.

(I) Half-streets. Half-streets shall be prohibited except where it will be practical to require the dedication of the other half when the adjoining property is subdivided, in which case, the dedication of a half street may be permitted. The probable length of time elapsing before dedication of the remainder shall be considered in this decision.

(J) Private streets. Private streets shall not be permitted nor shall public improvements be approved for private reasons.

(K) Stub streets. Where adjoining lands are not subdivided, some of the streets in the new subdivision shall be required to be extended to the boundary line of the tract to make provision for future access into adjacent areas.

(L) Street continuation and extension. The arrangement of streets shall provide for the continuation of existing streets from adjoining areas into new subdivisions where appropriate.

(M) Street location and dedication. All subdivisions shall be required to conform to the Comprehensive Guide Plan. Arterial and collector streets shown on the Guide Plan shall be dedicated, in the locations and widths shown, to the city as a condition of plat approval.

(Prior Code, � 24.07(1))

� 153.36 INTERSECTIONS.

(A) Angle of intersection. Street shall intersect as nearly to 90 degrees as possible. In no case shall streets intersect at less than 75 degrees.

(B) Number of streets. No more than two streets shall cross at any one intersection.

(C) Centerline offsets. The minimum distance between the centerline of offset intersections shall be 150 feet.

(Prior Code, � 24.07(2))

� 153.37 ALLEYS.

(A) Alleys should have a minimum right-of-way width of 30 feet and shall conform to the gradient requirements of minor streets.

(B) Alleys should be provided to the rear or side of all lots to be used for commercial or industrial use.

(Prior Code, � 24.07(3))

� 153.38 EASEMENTS.

(A) Utilities. Easements at least ten feet wide centered on the rear and side lots lines shall be provided for utilities where necessary and shall be dedicated to the public by appropriate language in the plat dedication. They shall have continuity of alignment from lot to lot and block to block.

(B) Drainage. Easements shall be provided along each side of any watercourse to establish a storm sewer, drainage or floodway right-of-way. Its boundaries shall conform substantially with the center line alignment of such watercourse. The easements shall be dedicated to the public by appropriate language in the plat dedication.

(C) Protection. Protective or scenic easements shall be provided to a depth of 100 feet from the high water line of all lakes, ponds and streams or to such logical natural ecological boundary as can be agreed upon by the owner and the city. The easements shall be dedicated to the public by appropriate language in the plat dedication.

(Prior Code, � 24.07(4))

� 153.39 BLOCKS.

(A) Arrangement. A block shall be so designed as to provide two tiers of lots except where lots back onto a major street, natural feature, railroad or subdivision boundary, in which case, it may have a single tier of lots.

(B) Length. The maximum length of blocks shall be 1,500 feet and the minimum length 600 feet. Blocks over 900 feet long may require pedestrian ways at least ten feet wide at their approximate center.

(C) Commercial and industrial areas. Blocks for commercial and industrial areas may vary from the elements of design contained in this section if the nature of the use requires other treatment. In such cases, off-street parking for employees and customers shall be provided along with safe and convenient limited access to the street system. Space for off-street loading shall also be provided with similar access. Extension of streets, railroad access right-of-way and utilities shall be provided as necessary.

(Prior Code, � 24.07(5))

� 153.40 LOTS.

(A) Location. All lots shall abut for their full frontage on a publicly dedicated street.

(B) Size. The lot dimensions shall be such as to comply with the minimum lot areas specified in the zoning ordinance.

(C) Butt lots. Butt lots shall be prohibited.

(D) Side lot lines. Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines.

(E) Water courses. Lots abutting upon a water course, drainageway, channel or stream shall have sufficient depth and width to provide a minimum area of land not subject to flooding equal to the minimum lot dimensions specified in the zoning ordinance for the district in which the lots are located.

(F) Drainage. Lots shall be graded so as to provide drainage away from building locations.

(G) Width related to depth. To prevent narrow deep lots, the depth of a lot should not exceed two and one-half times the width as measured at the building line.

(H) Double frontage lots. Double frontage lots (lots with frontage on two parallel streets) shall not be permitted except where lots back to a major thoroughfare street. Such lots shall have an additional depth of at least ten feet in order to allow for screen planting along the back lot line.

(I) Corner lots. Corner lots shall be platted at least 15 feet wider than the minimum width required by the zoning ordinance.

(Prior Code, � 24.07(6))

� 153.41 OPEN SPACE AND NATURAL FEATURES.

(A) Public open spaces. Where a proposed highway, school, park, recreation area or public access to water frontage shown on the Comprehensive Guide Plan is located in whole or in part in the applicants subdivision the Council shall require as a condition of final approval that such space within the subdivision be dedicated or reserved. Such land shall not be developed for a period of two years from the date of such final approval so that within said period the appropriate public agency may acquire said land in the manner provided by law and before it is developed for some purpose not conforming to the official plan. It if is not so acquired and no legal action is filed by such public agency within such period said reservation shall be of no further effect and such lands may be used for other purposes.

(B) Action of the city. At the time of preliminary plan approval by the City Council, after consultation with the Joint Recreation Commission, the Council shall determine as a part of such approval whether to require a dedication of land within the subdivision for park or recreation purposes payment of a fee in lieu thereof or a combination of both. In making this determination, the Council shall include in its consideration the following factors:

(1) The topography, soils, access and location of land in the subdivision available for dedication;

(2) The size and shape of the subdivision and land available for dedication;

(3) How much land consisting of school playgrounds is available for combination with dedicated lands in the formation of local parks and recreational facilities; and

(4) The open space or local recreation facilities to be privately owned and maintained by future residents of the subdivision.

(C) Amount of land to be dedicated. The subdivider or owner shall dedicate 5% of the total acreage proposed for subdivision for local parks. The location(s) of said parkland within the proposed subdivision is subject to the approval of the City Council at the time of their consideration of the preliminary plan.

(D) Fees in lieu of land. At the time of filing a preliminary plan for approval, the subdivider of the property may, as a part of such filing, include a petition to the City Council indicating that he or she desires to pay a fee in lieu of dedicating 5% of the area proposed for platting or indicating that he or she desires to dedicate a smaller portion of land and also to pay certain fees in lieu of dedicating land. The petition shall state which lands are proposed for dedication and shall indicate the reasons for the petition being submitted. The City Council shall consider the petition along with the preliminary plan and its approval of the preliminary plan shall indicate whether or not the petition is approved or disapproved. If the Council approves payment of certain monies in lieu of dedication of land then the subdivider shall pay a sum equal to the difference between 5% of the area proposed for subdivision minus the acreage actually being dedicated times the full cash value per acre of the property to be subdivided as determined by the latest market value as determined by an independent appraiser mutually acceptable to both the city and the subdivider. The cost of the appraisal, if any, shall be borne by the subdivider.

(E) Prerequisite for approval of final plat. When land is to be dedicated, it shall be offered for such dedication in substantially the same manner as for streets and easements. When a fee is required, it shall be deposited with the City Administrator prior to approval of the final subdivision map. The land and fees shall be held in trust by the city and administered by the Joint Recreation Commission until the Council delegate�s responsibility to a special commission or association.

(F) Credit for open space or local recreational facilities. The City Council, after recommendation by the Planning Commission, may grant credit for open space or local recreational facilities to be privately owned and maintained by the future residents of the subdivision. Such credit, if granted in acres (or comparable amounts in in-lieu fees), shall be subtracted from the requirements for dedication or fees or both, as required above, provided:

(1) Yards, court areas, setback and other open areas required to be maintained by other regulations shall not be included in the private open space and recreation credit;

(2) Provision by written agreement is made that the areas shall be maintained adequately;

(3) Use of the private open space or recreation facilities is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the City Council. Covenants for private park or recreational facilities which are claimed for credit shall be submitted to the city prior to approval of the final subdivision map and shall be recorded contemporaneously with the final subdivision map;

(4) Land which may be considered by the Council for credit toward required land dedication for local parks and recreational facilities or in-lieu fees includes but is not to be limited to the following:

(a) Areas of scenic or natural reality;

(b) Historic sites;

(c) Existing or planned hiking, riding or motorless-type bicycle trails, including pedestrian walkways separated from public roads;

(d) Existing or planned planting strips;

(e) Landscaped portions of road parkways which are in excess of required road right-of-way widths for the road in question;

(f) Lakeside or river reaches;

(g) Private recreational facilities such as golf courses and swimming pools which are available to all of the owners or occupants of the lots located within the subdivision;

(h) In the case of apartment and planned unit developments, open areas on the site of 20,000 square feet or more (exclusive of open areas required to be maintained by other regulations);

(i) Parks and parkway areas, ornamental parks, extensive areas with tree cover, low lands along streams or areas of rough terrain when such areas are extensive and have natural features worthy of scenic preservation;

(j) Other purposes or purposes recommended by the Council.

(G) Access to local parks. All lands offered in dedication for local park or recreational purposes shall have access on at least one existing or proposed public street. This requirement may be waived by the City Council if the Council determines that public street access is unnecessary for the maintenance of the park area or use thereof by the residents.

(H) Planting strips. Planting strips shall be placed along highways and railroad lines to screen the view and reduce noise levels in residential areas.

(Prior Code, � 24.07(7))

� 153.99 PENALTY.

(A) Any person, firm or corporation who violates, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of these regulations or who sells or offers for sale or lease any lot or block of land herewith regulated before all the requirements of these regulations have been complied with shall be penalized as provided in � 10.99. The city may enjoin such penalty by action for injunction or may recover such penalty by a civil action in any court of competent jurisdiction.

(Prior Code, � 24.10(2))

(B) Any person who shall violate any provision of this chapter for which no specific penalty is provided shall be punished as set forth in � 10.99 of this code.

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