Ordinance No. 1083 11-25-1996 ORDINANCE NO. 1083
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER
211, ENTITLED "SUBDIVISION" BY AMENDING SECTION 211.04.01,
DELETING SECTION 211.04.01.0 AND F, AND AMENDING SECTION
211.04.02 AND RENUMBERING CONSECUTIVE SECTIONS
The City Council of the City of Fridley does hereby ordain as
follows:
211. SUBDIVISION
(Ref. 75, 126, 168, 207, 229, 633, 667, 754, 1026)
211.01. PURPOSE
The regulations and provisions established by this Chapter are for
the following purposes:
1. To establish standard procedures, requirements, and conditions
for the preparation, submission and approval of land subdivisions
within the City of Fridley.
2 . To secure satisfactory conformity of such subdivisions to the
land use, the major thoroughfare plan, the official map, zoning and
other plans and chapters of this Code.
3. To assist the orderly, efficient, and integrated development of
the City of Fridley.
4. To promote the health, safety and general welfare of the
residents of the City of Fridley.
5. To guide the City in the performance of its functions and duties.
211.02. DEFINITIONS
For the purpose of this Chapter, words used in the present tense
shall include the future; words in the singular shall include the
plural, and the plural the singular; and the word shall is mandatory
and not discretionary. The following definitions shall apply in the
interpretation and application of this Chapter and the following
words and terms wherever they occur in this Chapter are defined as
follows:
1. Auditor's Subdivision.
All lands formerly described by complicated metes and bounds
descriptions where the Anoka County Auditor has simplified the
description for tax purposes by assigning a lot number.
2. City.
Any person duly appointed, authorized, delegated or otherwise given
the official capacity to act as a representative or agent for the
City of Fridley.
3. County Surveyor.
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The Anoka County Officers who examine or check plats or subdivisions
prior to acceptance by the Registrar of Deeds for filing in Anoka
County.
4. Lot.
An existing division of land that can be conveyed without further
subdivision. The term "lot" is generally interchangeable with the
terms "parcel" or "tract".
5. Plat.
A map, drawing or chart which graphically delineates the boundary of
land parcels for the purpose of identification and record of title.
The plat is a recorded legal document and must conform to all
Minnesota State Laws.
6. Plat, Final.
The final map, drawing or chart on which the subdivider's plan of
subdivision is presented to the City Council for approval and which,
if approved, will be submitted to the County Registrar of Deeds or
Registrar of Titles.
7. Plat, Preliminary.
A preliminary map, drawing or chart indicating the proposed layout of
a subdivision to be submitted to the City Council for their
consideration.
8. Registered Land Survey
A District Court ordered survey of unplatted registered land which
serves as a prerequisite for conveyance of any part thereof.
9. Subdivider.
Any person, firm, corporation, partnership or association who causes
land to be divided, platted or planned into a subdivision for such
person or others.
10. Subdivision.
The separation of an area, parcel, or tract of land, under single
ownership, into two (2) or more parcels, tracts, lots, or long-term
leasehold interests where the creation of the leasehold interest
necessitates the creation of streets, or roads, for residential,
commercial, industrial, or other use or any combination thereof,
except those separations:
A. Where all the resulting parcels, tracts, lots, or interests
will be 20 acres or larger in size and 500 feet in width for
residential uses and five (5) acres or larger in size for
commercial and industrial uses;
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The Anoka County Officers who examine or check plats or subdivisions
prior to acceptance by the Registrar of Deeds for filing in Anoka
County.
4. Lot.
An existing division of land that can be conveyed without further
subdivision. The term "lot" is generally interchangeable with the
terms "parcel" or "tract".
5. Plat.
A map, drawing or chart which graphically delineates the boundary of
land parcels for the purpose of identification and record of title.
The plat is a recorded legal document and must conform to all
Minnesota State Laws.
6. Plat, Final.
The final map, drawing or chart on which the subdivider's plan of
subdivision is presented to the City Council for approval and which,
if approved, will be submitted to the County Registrar of Deeds or
Registrar of Titles.
7. Plat, Preliminary.
A preliminary map, drawing or chart indicating the proposed layout of
a subdivision to be submitted to the City Council for their
consideration.
8. Registered Land Survey
A District Court ordered survey of unplatted registered land which
serves as a prerequisite for conveyance of any part thereof.
9. Subdivider.
Any person, firm, corporation, partnership or association who causes
land to be divided, platted or planned into a subdivision for such
person or others.
10. Subdivision.
The separation of an area, parcel, or tract of land, under single
ownership, into two (2) or more parcels, tracts, lots, or long-term
leasehold interests where the creation of the leasehold interest
necessitates the creation of streets, or roads, for residential,
commercial, industrial, or other use or any combination thereof,
except those separations:
A. Where all the resulting parcels, tracts, lots, or interests
will be 20 acres or larger in size and 500 feet in width for
residential uses and five (5) acres or larger in size for
commercial and industrial uses;
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B. Creating cemetery lots;
C. Resulting from court orders, or the adjustment of a lot line
by the relocation of a common boundary.
211.03. CONVEYANCE RESTRICTIONS
1. No conveyance of land to which the regulations of this Chapter
are applicable shall be filed or recorded if the land is described in
the conveyance by metes and bounds or by reference to an unapproved
registered land survey made after April 21, 1961, or to an unapproved
plat made after such regulations become effective. In addition, no
land shall be conveyed if it is less than a whole parcel of land as
charged in the tax lists unless it is approved or waived by the City.
The foregoing provision does not apply to a conveyance if the land
described:
A. Was a separate parcel of record April 16, 1952, (date of
adoption of subdivision regulations by the City) , is not part of
a contiguous development and conveyance will not result in a
violation of Chapter 205 of the City Code, or
B. Was the subject of a written agreement to convey entered
into prior to April 21, 1961, or
C. Was a separate parcel of not less than two and one-half (2
1/2) acres in area and 150 feet in width on January 1, 1966, or
D. Was a separate parcel of not less than five (5) acres in
area and 300 feet in width on July 1, 1980, or
E. Is a single parcel of commercial or industrial land of
not less than five (5) acres and having a width of not less than
300 feet and its conveyance does not result in the division of
the parcel into two (2) or more lots or parcels, any one of
which is less than five (5) acres in area or 300 feet in width,
or
F. Is a single parcel of residential or agricultural land of
not less than 20 acres and having a width of not less than 500
feet and its conveyance does not result in the division of the
parcel into two (2) or more lots or parcels, any one of which is
less than 20 acres in area or 500 feet in width.
2. In any case in which compliance with the foregoing restrictions
will create an unnecessary hardship and failure to comply does not
interfere with the purpose of this Chapter, the City Council may
waive such compliance by adoption of a resolution to that effect and
the conveyance may then be filed or recorded. Any owner or agent of
the owner of land who conveys a lot or parcel in violation of the
provisions of this subdivision shall forfeit and pay to the City a
penalty of not less than $100 for each lot or parcel so conveyed.
The City may enjoin such conveyance or may recover such penalty by a
civil action in any court of competent jurisdiction.
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211.04. SUBDIVISIONS
Hereafter all subdivisions of land as defined herein, made within the
City of Fridley, shall be subject to and shall conform to these
regulations and other applicable law and shall conform to the land
use plan, the major thoroughfare plan, the official map, the Zoning
Chapter and other City plans, ordinances, chapters and regulations.
1. Lot Split.
Any existing lot, parcel or tract of land may be subdivided into two
(2) or more parcels by means of a "lot split" when each parcel within
the subdivision can be described as a simple fractional part of an
existing City approved plat, Auditor's Subdivision, or Registered
Land Survey.
A. Application
Application for a lot split shall be made on forms furnished by
the City and shall include a Certificate of Survey showing:
(1) scale and north arrow;
(2) dimensions of the property;
(3) names and locations of adjacent streets;
(4) location of any existing structure; and,
(5) any other information as may be necessary to determine if
the lot split meets the intent and requirements of this
Chapter.
B. Review
(1) The proposed lot split shall be informally heard by the
Planning Commission within forty (40) days of the filing of an
application for lot split. Notices shall be mailed to all
owners of property within 350 feet of the parcel included in
the request, not less than ten (10) days nor more than thirty
(30) days prior to the hearing. Failure of a property owner to
receive notice shall not invalidate any such proceedings as set
forth within this chapter. (Ref. 1026)
(2) After considering such things as adjacent land use, traffic
patterns, zoning regulations, future development, plans for
parks, bikeway/walkways, street extensions, and other criteria
deemed pertinent, the Planning Commission shall recommend to
the City Council either approval, with or without stipulations,
or disapproval.
(3) After review and recommendation by the Planning Commission,
the application for lot split shall be informally heard by the
City Council. The City Council shall approve or disapprove the
request for the lot split within sixty (60) days of receipt of
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the application.
Whenever any lot split is to be made, such subdivision can be
made without further platting with approval of the Council if
the Council shall find that such subdivision facilitates and
does not hinder the transfer and conveyance of the land; does
not hinder the making of assessments and keeping of records
connected therewith; that it does not result in the creation of
any parcel (within or without the subdivision) of a size in area
or frontage which is less than is required for purposes of
construction of a building on such parcel under the zoning laws
and building regulations of the City; and that the subdivision
to be made is not made for the purpose of avoiding such
conditions and restrictions with respect to the land as might be
imposed upon a plat. (Ref. 207)
C. Certification and Recording
(1) After final approval, a certified copy of the resolution
approving the lot split shall be forwarded to the applicant.
The lot split, together with a certified copy of the
resolution, shall thereafter be recorded among the records of
the County within one hundred eighty (180) days after the date
of the resolution, unless a longer period of time is granted
and provided for recording at the time of approval.
(2) A lot split not recorded within a period of one hundred
eighty (180) days or the approved extension time, is deemed to
be one that is not approved and such lot split is not entitled
to be recorded; and the same shall not thereafter be recorded
except and unless it is presented to the Planning Commission
and Council and re-approved.
D. Division of Taxes
Any lot, parcel, or tract of land that is less than a whole
parcel of land as charged in the tax lists must receive City
Council approval before there is a division of taxes.
2. Plat and Registered Land Survey Process.
A. Scope
All subdivisions as defined in Section 211. 02.10 shall be
platted, except as allowed in Section 211.04 .01. All
subdivisions which create five (5) or more lots or parcels which
are 2 1/2 acres or less in size shall be platted.
B. In General
(1) A subdivider shall prepare a preliminary plat of a
subdivision before preparing a final plat. The subdivider
shall submit the preliminary plat together with all required
accompanying material to the Planning Commission and shall
obtain the approval of the Commission.
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(2) The subdivider shall then prepare a final plat together
with all required accompanying materials and submit them to the
Council for approval. The subdivider shall then obtain
approval of the Council and by any other agencies and officials
whose approval is required by law and shall be duly recorded.
(3) No conveyance of any lot or parcel of land in a subdivision
shall be lawful until final approval and recording have
occurred. In addition, no permit to erect, alter or repair any
building shall be issued until such approval and recording.
(Ref. 75) .
C. Steps
(1) Preliminary Plat Requirements
A preliminary plat shall be clearly and legibly drawn on a high
quality reproducible and all copies thereof shall be clear and
legible. It shall be of such scale as to show clearly all
details thereof. A preliminary plat together with such
accompanying documents shall show the following;
(a) The boundary lines and dimensions of the land to be
subdivided and the locations of section corners and of existing
subdivisions, streets (and street widths) and unsubdivided
parcels (and ownerships) adjoining the proposed subdivision,
between it and nearest existing street or for such distance
beyond as may be required.
(b) The proposed general layout, including all proposed
streets, alleys, crosswalks through blocks, street widths and
proposed names, approximate dimensions of blocks and lots,
tentative lot and block numbering and approximate radii of all
curves.
(c) The existing and proposed easements and right-of-ways for
drainage, sewerage, utilities, railroad lines, streets. alleys,
bikeways, walkways, and any other areas proposed to be
dedicated for public purposes and of any reservations and their
purposes.
(d) The correct location and designation of all wet lands and
water channels, water areas, drainage courses and ditches, and
indication of all areas which, before drainage improvement, are
subject to inundation or storm water overflow, with proposed
drainage improvement of such areas and of swamps, drainage
courses and ditches.
(e) A statement giving the intended excavating, grading and
filling of land within the proposed subdivision and the
intended removal or destruction of existing trees and other
natural ground cover, sufficient to meet the requirements of
the City in determining whether a land alteration permit could
be issued in accordance with the City Code.
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(f) Any required data and materials not practically shown on
the preliminary plat shall be submitted on separate sheets, to
accompany the plat.
(2) Application
(a) The subdivider shall submit a tracing and three (3) dark
line prints of the preliminary plat and three (3) copies of
documents accompanying the plat to the City. The applicant
shall submit the information indicated on the official
submission checklist.
(b) When land to be subdivided abuts a state trunk highway, one
(1) additional copy shall be required and shall be submitted to
the State Highway Commissioner with the request that such
Commissioner's recommendations, if any, should be received
within fourteen (14) days after the date submitted, for
consideration by the Planning Commission acting on the plat.
(3) Action on Preliminary Plat by Planning Commission
(a) The Planning Commission will meet to consider the plat and
proposed improvements by the subdivider and the time and method
of installation of improvements. (Ref. 75)
(b) Not less than ten (10) days before the date of a meeting of
the Planning Commission, for consideration of a preliminary
plat, the City shall do the following:
( (1) ) Notify by United States mail the subdivider and the
•
property owners of the property within three hundred fifty
(350) feet adjoining the land within the plat of the time
and place of such hearing. (Ref. 1026) .
( (2) ) Publish notice of such hearing in the official City
newspaper.
(c) At such meeting, all persons interested shall be given an
opportunity to make presentations.
(4) Preliminary Review
(a) The Planning Commission shall take action on a subdivision
application within 40 days following delivery of an application
completed in compliance with the requirements set forth in this
Chapter. Action by the Planning Commission shall be tentative
approval, disapproval or conditional approval of the
preliminary plat, the last being tentative approval conditioned
upon certain modifications as specified. After the Planning
Commission's review of the preliminary plat, it shall be
recommended to the Council for final action.
(b) All preliminary plats shall be forwarded to the City
Council for review and approval or denial. The Council shall
consider the preliminary plat application at its next available
meeting following the Planning Commission meeting.
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(5) Final Plat Application
Following preliminary review of the application by the Planning
Commission, the applicant may request final approval by the
City. Request for final plat approval shall occur in writing on
the application form supplied by the City. The applicant shall
submit three (3) blue line hardcopies, the final mylars, a 200
scale reduction of the plat, the application form, and the fee
as established in Chapter 11 to the City.
(a) Requirements
The final plat shall conform to the preliminary plat as
tentatively approved or conditionally approved, including any
required modifications and to the requirements herein and any
additional requirements of law. When there is more than one
sheet, an index sheet shall be attached showing the entire
subdivision, including boundary and streets, at an appropriate
scale and indicating the separate sheets of the final plat and
the sheet number of each.
(b) Submitting Final Plat
The subdivider shall within six (6) months after the date of
the Council's review of the preliminary plat, submit the final
plat together with all required accompanying documents to the
City. If not filed within the designated six-month period,
unless this period is extended by Council, the action of
Planning Commission and the Council on the preliminary plat
shall become null and void.
If required improvements are not installed prior to filing, a
cash deposit, certified check or surety bond insuring later
installation or a petition to have the City install same and
assess cost against the subdivider shall accompany the final
plat.
(c) Action on Final Plat
Before the Council approves the final plat, the plat shall
comply with all conditions and requirements of this Chapter and
all conditions and requirements upon which preliminary approval
is expressly conditioned either through performance or the
execution of appropriate agreements assuring performance.
If a plat is disapproved by the City, no application for the
denied subdivision of land may be submitted for a period of
three (3) months following the denial.
(d) Failure to Finally Approve or Disapprove
If the Council fails to certify final approval within sixty
(60) days after the application for final plat has been
submitted, and if the applicant has complied with all
conditions and requirements of this Chapter. After
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approval of the final plat, the subdivider shall cause the
subdivision to be surveyed, staked and monumented by a
registered surveyor in accordance with the requirements herein,
with statutory requirements and with any requirements of the
County Platting Authority.
(f) Recording
After approval, the final plat shall be recorded among the
records of the County within one hundred eighty (180) days
after the date of Council approval unless a longer period is
granted at the time of approval.
A plat not recorded within a period of one hundred eighty (180)
days or the approved extension time, is deemed to be one that
is not approved and such plat is not entitled to be recorded;
and the same shall not thereafter be recorded except and unless
it shall have again been presented to the Planning Commission
and Council and approved for recording.
(g) Time Extension
A time extension for recording a plat shall be granted upon
application duly made to the Council unless the Council finds
after a hearing that the delay and failure to record within
the period of time allowed was without justifiable cause and
that the conditions and circumstances attendant to the land
within the plat and in the immediate surrounding area as is
affected thereby are materially and substantially different
from those present at the time such plat was originally
approved and that the plat as made is no longer deemed an
appropriate plat with the conditions and circumstances
present. In making such determination, the Council can
consider among other things any changes in zoning, sizing of
lots, location of streets and utilities in the lands within or
adjacent to said plat and other factors deemed material, and
is not limited thereto. (Ref. 229)
(h) Appeal to Council
No final plat of a subdivision shall be approved by the Council
if the preliminary plat thereof was disapproved by the Planning
Commission except that any subdivider may appeal the
Commission's action on the preliminary plat to the Council to
overrule said action. The Council, as a result of the appeal,
may elect to consider the preliminary plat and give it
approval, conditional approval or disapproval. The grounds for
any refusal to approve a final plat shall be set forth in the
proceedings of the Council and reported to the person or
persons applying for such approval.
(i) Required Signatures
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No plat of a subdivision shall be filed with the Registrar of
Deeds or accepted for filing unless signed by the Mayor and
Manager or Clerk and unless approved as to survey and
engineering accuracy by the County Platting authorities.
3. Zero Lot Lines.
A. The City may approve subdivisions for the development of
zero lot line, common wall residential structures within R-2 and
R-3 zones. These lots shall be divided equally as is reasonably
possible within the restrictions of the existing guidelines of
the Zoning Chapter.
B. All other zoning requirements in the respective districts
except for the setbacks along the common wall, zero lot line (s)
must be met.
C. Separate meters must be provided to each dwelling unit for
water, electricity and natural gas. In addition, the common
party wall (s) fire rating shall be one hour for existing
structure and two (2) one hour walls for new construction.
D. The owner of the property to be subdivided shall execute and
record at their expense a "Declaration of Covenants, Conditions
and Restrictions" as provided by the City. The said document
shall be used to protect the rights of the individual owners
sharing the single structure to maintenance, repair and
construction in case of damage to the original structure. The
declarations, covenants, conditions and restrictions shall
provide protection to the property owners and the City on the
following objects:
(1) Building and Use Restrictions.
(2) Party Walls.
(3) Relationships among owners of adjoining living units
and arbitration of disputes.
E. The City shall be a beneficiary to these declarations,
covenants, conditions and restrictions.
211.05. VARIANCES
Should the Planning Commission or Council find that any of the
regulations or requirements herein are not applicable to a proposed
land subdivision or to a preliminary or final plat thereof, or would
cause undue hardship, it may permit such variations therefrom as are
not contrary to the intent and purpose of these regulations or other
applicable law or any applicable plan or portion thereof. The nature
of the variances to be permitted in a particular case, with reasons
why they are deemed necessary, shall be recorded in the minutes of
the meeting and shall be transmitted to the subdivider.
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211.06. SPECIAL DISTRICTS
The requirements of this Chapter may be modified or excepted in the
case of special zoning districts established under Chapter 205 of the
City Code.
211.07. DESIGN STANDARDS
A preliminary plat and a final plat shall be made with such design
standards as are applicable thereto, said standards being established
for the purpose of guiding and accompanying a coordinated, adjusted
and harmonious development of Fridley which will, in accordance with
existing and future needs, best promote
the public health, safety, order, convenience and the general welfare
and efficiency and economy in the process of development.
The following design standards are hereby established for land
subdivisions:
1. Layout.
General layout, street pattern, street widths, proposed private and
public areas, facilities and uses, shall conform to these regulations
and other applicable law, and to the City's Comprehensive Plan.
2. Public Dedication.
A. As a general rule, each subdivision shall be required to
dedicate land, or pay into the City fund a cash payment
equivalent, for public uses including schools, parks,
playgrounds and other public purposes other than public right-
of-way, in the following manner:
Ten (10%) percent of all the gross area of residential
zoned property to be subdivided; three (3%) percent of the
gross area of commercial or industrial zoned property to be
subdivided.
B. Any land dedication in excess of the 10% or 3% requirement
shall be reserved for a period of two (2) years during which
time the City or other public body may buy such land.
C. In addition to the above described general rule, the
following conditions and requirements shall also be complied
with:
(1) The City may choose to accept an equivalent amount in cash
from the applicant for part or all of the portion required to
be dedicated to such public uses or purposes based on the fair
market value of the land no later than at the time of final
approval.
(2) Any cash payments received shall be placed in a special
fund by the City and used only for the purposes for which the
money was obtained.
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(3) The City must reasonably determine that it will need to
acquire that portion of land, or the cash equivalent thereof,
for the purposes stated in this Section as a result of approval
of the subdivision.
D. The provisions of this Section may be modified if the City
Council determines that individual circumstances call for
adjustment.
3. Street Patterns.
Street patterns should follow substantially the patterns shown on the
land use plan or shall be at least the equal of the planned patterns
in these respects: they shall adequately serve platted lots when
developed; they shall intersect existing or planned trunk highways
and major thoroughfares at infrequent intervals only; they shall not
obstruct the reasonable and desirable development of adjoining,
unsubdivided lands in conformity with any applicable plans and with
these design standards, they shall be such as to discourage through
traffic from using minor streets in the subdivision; and they shall
be suited to the topography of the land, but with their orientation
influenced by walking direction and distance to and from existing and
planned parks, playgrounds and schools.
4 . Access.
The street pattern shall be designed so as to minimize access points
and crossings along all railroad and arterial thoroughfares.
5. Public Streets.
All proposed streets shall be offered for dedication as public
streets, with no private streets shown.
6. Right Angle Intersection.
Streets shall intersect or intercept each other at right angles with
variations of not more than twenty (20°) degrees permitted when
considered necessary.
7 . Grades.
Street grades of six (6%) percent shall be considered a desirable
maximum to be exceeded only when required by topography or other
controlling and physical condition. Grades of all streets, walks,
curbs and gutters shall be approved by the City.
8. Jogs.
Jogs in streets shall have center line offsets of 125 feet or more.
9. Major Streets.
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The location, width and alignment of trunk highways and major streets
shall conform to the official map, to the major street plan and to
any other applicable plans, including State and County highway plans.
Width of secondary major thoroughfares, not trunk highways, shall be
60 feet.
10. Minor Streets.
Widths of minor residential streets shall be a minimum of 50 feet.
11. Business Streets.
Widths of streets serving business, industrial, multiple dwelling,
institutional or public frontage shall be not less than shown on the
land use plan or other applicable plan, and when not shown, shall be
as specified by the Planning Commission, or by the City acting for
the Planning Commission.
12. Cul-De-Sac Streets.
Dead-end or cul-de-sac streets shall be no longer than 600 feet with
a turn around at the closed end having property line and curb-line
diameters of not less than 100 feet and 80 feet respectively, except
that such minimums may be altered when required by topography or
other controlling conditions.
13. Corners.
Property lines at residential street corners shall be rounded on a
radius of not less than 10 feet and curb lines on a radius of not
less than 20 feet, provided that greater radii may be required by the
Planning Commission where deemed necessary.
14. Half-width Streets.
Half-width streets are not acceptable except as found practically
necessary by the Planning Commission and only with the assurance of
dedication of the other half when adjoining property is subdivided.
15. Corporate Boundary Streets.
For protecting the City in developing and maintaining streets
bordering the corporate limits, where a half-width street dedication
is proposed, the subdivider shall furnish one of the following with
the preliminary plat:
A. Assurance that the remaining half outside the corporate
limits has or will be dedicated, or
B. A warranty deed for the remaining half outside the corporate
limits, or
C. An easement for street purpose, signed by the owners of the
part outside the corporate limits.
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16. Street Names.
Names of streets which are extensions of existing streets shall be
the same, provided that these and other street names shall be subject
to City approval.
17. Block Lengths.
Residential blocks shall normally be of sufficient width for two (2)
tiers of lots. Block lengths shall be determined by circulation and
other needs, with lengths up to 1,500 feet permissible when approved
by the Planning Commission. A pedestrian way or crosswalk, not less
than 10 feet in width, may be required approximately midway in a
block that is 700 feet or more in length, or for access to schools,
playgrounds, shopping centers and to other areas and facilities.
Where residential blocks with lots deeper than 260 feet as proposed,
a reservation for a future street through the middle of the block
longitudinally, may be required by the Planning Commission.
18. Accessibility.
Each lot shall be served from a public street satisfactorily for
general accessibility for fire fighting, refuse collection and
delivery purposes.
19. Lot Size.
The size of lots shall be as set forth in Chapter 205 of the City
Code. A corner lot shall have extra width of 5 feet or more for
setback of a building adequately from both streets. Each lot
shall be adequate to provide space for the dwelling and all necessary
accessory buildings.
20. Side Lot Lines.
Side lot lines shall be at right angles or radial to street lines,
with slight variations under difficult conditions permissible, with
Planning Commission approval.
21. Easements.
Easements offered for dedication should be shown along lot lines
where needed for utility purposes, for drainage, for screen planting
or other purposes. Utility easements along rear lot lines will
usually be required unless alleys are provided with required width
being 12 feet for a single easement or for the total of two (2)
parallel, adjoining easements on two (2) lots. Minimum width of
drainage easements, single or double, shall be 20 feet and screen
planting and other easements, single or double shall be 10 feet or
such greater width in specific cases as the Planning Commission shall
require.
211.08. REQUIRED IMPROVEMENTS
As a condition precedent to the approval of a final plat, the
subdivider shall give satisfactory assurance of the installation of
Page 15 -- Ordinance No. 1083
at least the following improvements at the subdivider's own expense,
within a period of time specified by the Planning Commission:
1. Grade Streets.
Grade all streets and walks to specified grades and surface all
streets in accordance with adopted plans and specifications.
2. Install Underground Utilities.
Install water mains, storm and sanitary sewers and additional
drainage facilities, where any or all are required.
3. Off Street Improvements.
Erect street name signs, sod boulevard areas and plant at least two
(2) satisfactory street trees on each lot near the front lot line, or
in the boulevard area, whichever is specified by the City. Grades
shall be set by the City and improvements shall be according to
previously or hereinafter established standards and specifications by
the Council. An escrow may be provided in lieu of the installations.
4. Delay of Streets.
Where water mains, storm and sanitary sewers and additional drainage
facilities are to be installed, the required street improvements may
be deferred until after such installation.
5 . Cost of Improvement.
To cover the cost of improvements that may not have been completed at
the time of filing the final plat, the subdivider shall:
A. Furnish cash, a certified check or a surety bond, to the
City of Fridley to secure the performance of such installation
by him or her within a period of time as stipulated by the
Council or to cover installation by the City, or
B. Petition the Council to install such improvements, the
entire cost of which is to be levied and certified as a special
assessment, in which case the subdivider shall agree in writing
that in the interim between the filing of the final plat and the
certification of the special assessment to the County Auditor
there will be no transfer of ownership of any part of the
property platted without first depositing with the City an
amount sufficient to cover the estimated proportionate amount of
such assessment applicable to the lot or parcel of land
transferred.
211.09. EFFECT OF SUBDIVISION APPROVAL
For one (1) year following preliminary approval and for two (2) years
following final approval, unless the subdivider and the City agree
otherwise, no amendment to a comprehensive plan or official control
shall apply to or affect the use, development density, lot size, lot
Page 16 -- Ordinance No. 1083
layout or dedication or platting required or permitted by the
approved application. Thereafter, pursuant to its regulations, the
City may extend the period by agreement with the subdivider and
subject to all applicable performance conditions and requirements, or
it may require submission of a new application unless substantial
physical activity and investment has occurred in reasonable reliance
on the approved application and the subdivider will suffer
substantial financial damage as a consequence of a requirement to
submit a new application. In connection with a subdivision involving
planned and staged development, the City may by resolution or
agreement grant the rights referred to herein for such periods of
time longer than two (2) years which it determines reasonable and
appropriate.
211.10. VACATION OF PLAT
1. Any plat or any part of a plat may be vacated by the owner of the
property before the sale of any lot therein, by a written instrument
with a copy of the plat attached, declaring the same to be vacated.
Such vacation shall require the approval of the City Council in the
same manner as for plats of subdivisions. The City Council may
reject any such instrument which abridges or destroys any public
rights in any of its streets or utility right-of-ways. Such an
instrument shall be approved and recorded in the same manner as plats
or subdivisions. After being recorded, such instrument shall nullify
the recording of the plat so vacated and divest all public rights in
the streets, and public grounds and all dedications laid out or
described in such plat.
2 . When lots have been sold, the plat may be vacated as stated
above, provided that all the owners of lots in such a plat join in
the execution of such instrument.
3. Platted areas may be replatted, provided that they follow the
provisions of this Chapter.
211.11. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all
penalties provided for such violations under the provisions of
Chapter 901 of this Code.
211.12. FEES
The fee for subdivisions (lot split, plat, or Registered Land Survey)
of land are provided for in Chapter 11 of this Code.
IIIPage 17 -- Ordinance No. 1083
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
25TH DAY OF NOVEMBER, 1996.
'gI ,
WILLIAM J. E -- MAYOR
ATTEST:
0 , CiL
WILLIAM A. HAMPA - CITY C, ERK
Public Hearing: October 28, 1996
First Reading: November 4, 1996
Second Reading: November 25, 1996
Publication: December 5, 1996
III