City Code (cont.)
__________
*Charter
references: Vacation of
streets, § 12.06.
Cross references: Buildings
and building regulations, ch. 18; painting or coloring streets or sidewalks,
curbs or gutters, § 38-31; street and block layout in subdivisions, § 54-129;
minimum widths for street and alley rights-of-way, § 54-130; minimum pavement
widths and surface type in subdivisions, § 54-131; street grade, curves and
sight distances in subdivisions, § 54-132; riding bicycles on sidewalks in the
central business district, § 62-151.
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(a)
Primary responsibility. It is the primary responsibility of the
owner of property upon which there is abutting any sidewalk to keep and maintain
such sidewalk in safe and serviceable condition.
(b)
Construction, reconstruction and repair specifications. All
construction, reconstruction or repair of sidewalks shall be done in strict
accordance with specifications on file in the office of the city engineer.
(c)
Notice when no emergency exists. Where, in the opinion of the city
engineer, no emergency exists, notice of the required repair or reconstruction
shall be given to the owner of the abutting property. Such notice shall require
completion of the work within 90 days and shall be mailed to the owner shown to
be such on the records of the county officer who mails tax statements.
(d)
Notice in emergency. Where, in the opinion of the city engineer,
an emergency exists, notice of the required repair or reconstruction shall be
given to the owner of the abutting property. Such notice shall require
completion of the work within ten days and shall be mailed to the owner shown to
be such on the records of the county officer who mails tax statements.
(e)
Failure of owner to reconstruct or make repairs. If the owner of
the abutting property fails to make repairs or accomplish reconstruction as
required in this section, the city engineer shall report such failure to the
council, and the council may order such work to be done under its direction and
the cost thereof assessed to the abutting property owner as any other special
assessment.
(f)
Inspections. In order to accomplish the purpose of this section,
it shall be the duty of the city engineer to inspect sidewalks within the city
or cause the inspection under his direction.
(Code 1980, § 7.17)
(a)
Nuisance. All snow and ice remaining upon public sidewalks is
declared to constitute a public nuisance and shall be abated by the owner or
tenant of the abutting private property within 12 hours after such snow or ice
has ceased to be deposited.
(b)
Removal by city. The city may cause to be removed from all public
sidewalks, beginning 24 hours after snow or ice has ceased to fall, all snow and
ice which may be discovered thereon, and it shall keep a record of the cost of
such removal and the private property adjacent to which such accumulations are
found and removed.
(c)
Cost of removal. On or before the first Monday of May of each
year, the city clerk shall prepare a list showing the name of the owner of the
land adjacent to and adjoining all sidewalks cleared by the city, the legal
description of the land, and the cost and expense of the removal of the snow and
ice therefrom, and the list shall be filed in the city office.
(Code 1980, § 7.04)
(a)
It is a petty misdemeanor for any person, not acting under a specific
contract with the city or without special permission from the director of public
works, to remove snow or ice from private property and place the slow or ice on
a public street, including a public sidewalk.
(b)
Where permission is granted by the director of public works, the person
to whom such permission is granted shall be initially responsible for payment of
all direct or indirect costs of removing the snow or ice from the street. If not
paid, collection shall be by civil action or assessment against the benefited
property as any other special assessment.
(c)
It is a petty misdemeanor for any person not acting under a contract with
the city to dump snow or ice on any other city property.
(Code 1980, § 7.05)
(a)
Tree planting standards. The city shall have control and
supervision of planting shrubs and trees upon or overhanging all streets or
other public property. The city may establish and enforce uniform standards
relating to the species and types of trees to be planted and the placement and
the maintenance and removal thereof. Such standards shall be kept on file in the
office of the city clerk and may be revised from time to time by action of the
council upon the recommendation of the city manager.
(b)
Permit to plant or remove trees. It is a misdemeanor for any
person to plant or remove any tree upon or overhanging streets, without first
procuring from the city a permit in writing to do so.
(c)
Duty of property owners to cut grass and weeds and maintain trees and
shrubs. Every owner of property abutting on any street shall cause the grass
and weeds to be cut from the line of such property nearest to such street to the
center of such street. If the grass or weeds in such place attain a height in
excess of nine inches, it shall be prima facie evidence of a failure to comply
with this subdivision. Every owner of property abutting on any street shall,
subject to subsection (b) of this section requiring a permit therefor, trim,
cut, remove and otherwise maintain all trees and shrubs in unhazardous and
healthy condition, from the line of such property nearest to such street to the
center thereof.
(d)
Work done by city. The city may, for failure to comply with this
section, perform such work with employees of the city, keeping an accurate
account of the cost thereof for each lot, piece or parcel of land abutting upon
such street.
(e)
Assessment. If maintenance work described in subsection (d) of
this section is performed by the city, the city clerk shall forthwith upon
completion thereof ascertain the cost attributable to each lot, piece or parcel
of abutting land. The city clerk shall, at the next regular meeting thereof,
present such certificate to the council and obtain its approval. When such
certificate has been approved, it shall be extended as to the cost therein
stated as a special assessment against such abutting land, and such special
assessment shall, at the time of certifying taxes to the county auditor, be
certified for collection as other special assessments are certified and
collected.
(Code 1980, § 7.06)
Cross references: Vegetation,
ch. 70.
(a)
Obstructions. It is a misdemeanor for any person to place,
deposit, display or offer for sale any fence, sign, goods or other obstruction
upon, over, across or under any street or other public property without first
having obtained a written permit from the council, and then only in compliance
in all respects with the terms and conditions of such permit and taking
precautionary measures for the protection of the public. An electrical cord or
device of any kind is included, but not by way of limitation, within the
definition of an obstruction.
(b)
Fires. It is a misdemeanor for any person to build or maintain a
fire upon a roadway.
(c)
Dumping in streets. It is a misdemeanor for any person to throw,
place or dump or cause to be placed, thrown or deposited in any street or any
other public place any nails, dirt, glass, tin cans, metal scraps, garbage,
leaves, grass or tree limbs, shreds or rubbish, oil, grease, automotive
antifreeze or other petroleum products or to empty any water containing salt or
other injurious chemical thereon. It is a violation of this subsection to haul
any such material, not adequately enclosed or covered, thereby permitting the
material to fall upon the streets.
(d)
Continuing violation. Each day that any person continues in
violation of this section shall be a separate offense and punishable as such.
(e)
Permit conditions. Before granting any permit under this section,
the council may impose such insurance or bonding conditions thereon as it,
considering the projected danger to public or private property or to persons,
deems proper for safeguarding such persons and property. Such insurance or bond
shall also protect the city from any suit, action or cause of action arising by
reason of such obstruction.
(Code 1980, § 7.09)
Cross references: Bicycles
obstructing pedestrians or blocking doorways, § 62-152.
(a)
Required during street improvement. No petition for the
improvement of a street shall be considered by the council if such petition
contemplates constructing therein any part of a pavement or stabilized base or
curb and gutter, unless all sewer and water main installations shall have been
made, including the installation of service laterals to the curb, if the area
along such street will be served by such utilities installed in the street.
(b)
Sewer service laterals. No sewer system shall be constructed or
extended unless service laterals to platted lots and frontage facing thereon
shall be extended simultaneously with construction of mains.
(c)
Waiver. The council may waive the requirements of this section
only if it finds the effects of this section are burdensome and upon such notice
and hearing as the council may deem necessary or proper.
(Code 1980, § 7.12)
Cross references: Utilities,
ch. 66.
Secs. 50-7--50-35.
Reserved.
(a)
Procedures. Procedures for the construction and reconstruction of
roadway surfacing, sidewalks, curbs and gutters shall be as follows:
(1)
Abutting or affected property owners may contract for, construct or
reconstruct roadway surfacing, sidewalk or curb and gutter in accordance with
this section if advance payment is made or arrangements for payment considered
adequate by the city are completed in advance.
(2)
The work may be done with or without petition by the methods set forth in
M.S.A. § 429.011.
(b)
Permit required. It is a misdemeanor to construct a sidewalk, curb
and gutter, driveway or roadway surfacing in any street or other public property
in the city without a permit in writing from the city engineer. Application for
such permit shall be made on forms approved and provided by the city and shall
sufficiently describe the contemplated improvements, the contemplated date of
beginning of work, and the length of time required to complete the work,
provided that no permit shall be required for any such improvement ordered
installed by the council. All such applications shall contain an agreement by
the applicant to be bound by this chapter and plans and specifications
consistent with this chapter and good engineering practices. A permit from the
city shall not relieve the holder from damages to the person or property of
another caused by such work.
(c)
Specifications and standards. All construction and reconstruction
of roadway surfacing, sidewalk and curb and gutter improvements, including curb
cuts, shall be strictly in accordance with specifications and standards on file
in the office of the city engineer and open to inspection and copying there.
Such specifications and standards may be amended from time to time by the city,
but shall be uniformly enforced.
(d)
Bond required. Before any such permit shall be granted, a bond,
approved by the city attorney, in an amount equal to the value of the
improvements and conditioned upon the completion of the work, shall be deposited
with the city clerk.
(e)
Inspection. The city engineer shall inspect such improvements as
deemed necessary or advisable. Any work not done according to the applicable
specifications and standards shall be removed and corrected at the expense of
the permit holder. Any work done under this section may be stopped by the city
engineer if found to be unsatisfactory or not in accordance with the
specifications and standards, but this shall not place a continuing burden upon
the city to inspect or supervise such work.
(Code 1980, § 7.07)
(a)
Permit required. It is a misdemeanor for any person to remove or
cause to be removed any curb from its position abutting upon the roadway to
another position without first making application to the council and obtaining a
permit.
(b)
Agreement for costs and maintenance. No such permit shall be
issued until the applicant and abutting landowner, if other than applicant,
shall enter into a written agreement with the city agreeing to pay all costs of
constructing and maintaining such setback area in at least as good condition as
the abutting roadway, and further agreeing to demolish and remove such setback
and reconstruct the area as was at the expense of the landowner, his heirs or
assigns if the area ever, in the council's opinion, becomes a public hazard.
Such agreement shall be recorded in the office of the county recorder and shall
run with the adjoining land.
(c)
Angle parking signs. Signs for angle parking only shall be
purchased from the city and erected and maintained at the expense of the
adjoining landowner in all such setback areas in use or hereafter constructed.
It is unlawful for any person to park other than at an angle in such setback
areas, as such angle parking is described and allowed in this subsection.
(d)
Public rights preserved. Such setback parking areas shall be kept
open for public parking, and the abutting landowner shall at no time acquire any
special interest or control of or in such areas.
(Code 1980, § 7.14)
Secs. 50-38--50-65.
Reserved.
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*State law
references: Authority to
regulate dangerous excavations, M.S.A. § 471.92.
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Work done under this
article shall progress expeditiously to completion in accordance with any time
limitation placed thereon so as to avoid unnecessary inconvenience to the
public. If work is not performed in accordance therewith or shall cease or be
abandoned without due cause, the city may, after six hours' notice in writing to
the holder of the permit of its intention to do so, correct the work, fill the
excavation and repair the public property, and the cost thereof shall be paid by
the person holding the permit.
(Code 1980, § 7.08,
subd. 3(A))
All temporary and
permanent repairs made under this article, including backfilling, compacting and
resurfacing, shall be made or contracted for by the city in a manner prescribed
by the city engineer, and an accurate account of costs thereof shall be kept.
(Code 1980, § 7.08,
subd. 5)
Within 60 days
following completion of such permanent repairs made under this article, the city
clerk shall determine actual costs of repairs, including cost of investigation,
and prepare and furnish to such permit holder an itemized statement thereof and
claim additional payment from or make refund, without interest, to the permit
holder, as the case may be.
(Code 1980, § 7.08,
subd. 6)
In lieu of section
50-68 relating to cost and cost adjustment for street openings, the city may
charge on the basis of surface square feet removed, excavated cubic feet or a
combination of surface square feet and excavated cubic feet, on an estimated
unit price uniformly charged.
(Code 1980, § 7.08,
subd. 7)
Secs. 50-70--50-95.
Reserved.
It is a misdemeanor for
any person, except a city employee acting within the course and scope of his
employment or a contractor acting within the course and scope of a contract with
the city, to make any excavation, opening or tunnel in, over, across or upon a
street or other public property without first having obtained a written permit
from the city engineer as provided in this division.
(Code 1980, § 7.08)
Application for a
permit to make a street excavation shall describe with reasonable particularity
the name and address of the applicant; the place, purpose and size of the
excavation; and such other information as may be necessary or desirable to
facilitate the investigation provided for in section 50-98. The application
shall be filed with the city engineer.
(Code 1980, § 7.08,
subd. 1)
Upon receipt of the
application for the permit required under this division, the city engineer shall
cause such investigation to be made as he may deem necessary to determine
estimated cost of repair, such as backfilling, compacting, resurfacing and
replacement; and the conditions as to the time of commencement of work; the
manner of procedure; and the time limitation upon such excavation. The estimated
costs shall include permanent and temporary repairs due to weather or other
conditions, and the cost of such investigation shall be included in such
estimate.
(Code 1980, § 7.08,
subd. 2)
Prior to commencement
of the work described in the application for the permit required under this
division, the applicant shall furnish the city satisfactory evidence in writing
that the applicant will keep in effect public liability and property damage
insurance in the currently required amounts, issued by an insurance company
authorized to do business in the state, on which the city is named as a
coinsured.
(Code 1980, § 7.08,
subd. 3(B))
Before issuance of a
permit required under this division, the applicant shall, in writing, agree to
indemnify and hold the city harmless from any liability for injury or damage
arising out of the action of the applicant in performance of the work or any
expense whatsoever incurred by the city incident to a claim or action brought or
commenced by any person arising therefrom.
(Code 1980, § 7.08,
subd. 3(C))
The city engineer shall
issue the permit required under this division after:
(1)
Completion of the investigation per section 50-98;
(2)
Payment by the applicant in advance of all estimated costs;
(3)
Agreement by the applicant to the conditions of time and manner as stated
in this division;
(4)
Agreement in writing by the applicant to pay all actual cost of repairs
over and above such estimate, including cost of such investigation; and
(5)
Agreement in writing by the applicant to be bound by all of the
provisions of this article.
(Code 1980, § 7.08,
subd. 4)
Secs. 50-102--50-130.
Reserved.
The following words,
terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different
meaning:
Parade
means any movement of vehicles, persons or animals or any combination thereof,
which either moves together and as a body so as to in some way impede or affect
the free and unobstructed flow of vehicular or pedestrian traffic or which moves
so that some part thereof is in violation of one or more traffic laws or
regulations, if such movement is without a permit issued under this article.
(Code 1980, § 7.15,
subd. 1)
Cross references: Definitions
generally, § 1-2.
(a)
It is a misdemeanor to sponsor or participate in a parade for which no
permit has been obtained from the city, and it is also a misdemeanor to obtain a
parade permit and not conduct the parade in accordance with a permit granted by
the city.
(b)
Application for such permit shall be made to the chief of police, at
least 30 days in advance of the date on which it is to occur and shall state the
sponsoring organization or individuals, the route, the length, the estimated
time of commencement and termination and the general composition. Such
application shall be executed by the individuals applying therefor or the duly
authorized agent or representative of the sponsoring organization.
(Code 1980, § 7.15,
subd. 2)
If the chief of police
finds that such a parade will not cause a hazard to persons or property and will
cause no great inconvenience to the public and if he is able to make
arrangements for necessary direction and control of traffic, he shall issue the
permit required under this article. If the chief of police finds the parade
described in the application to be a hazard, a substantial inconvenience or if
he is unable to make adequate arrangements for direction or control of traffic,
the permit shall not be granted unless all conditions and objections of the
chief of police are met or removed by the applicant.
(Code 1980, § 7.15,
subd. 3)
If any state trunk
highways are in the parade route, the chief of police shall make all necessary
arrangements with the state department of public safety for alternate routes or
whatever may be necessary.
(Code 1980, § 7.15,
subd. 3)
Secs. 50-135--50-160.
Reserved.
__________
*Cross references:
Buildings and building
regulations, ch. 18.
__________
(a)
The change in name or renaming of any street, avenue or public way in the
city shall be by ordinance passed by an affirmative vote of five-sevenths of all
the members of the council.
(b)
Streets, avenues, roads or public rights-of-way not named by recorded
plat may be named by the council by resolution passed by a simple majority vote
of all the members of the council.
(c)
Street names assumed by usage or assumed by persons as an address without
being recorded in a plat or without designation by the council shall not be
official names. The procedure of the council for naming shall be the same as
though such name did not exist.
(d)
The changing of a directional suffix or prefix or the changing of an
appellation such as road, street, avenue, court, terrace, lane, circle, place,
etc., shall not be considered as a name change. Such designation changes may be
made separately or in accordance with an overall plea by simple motion and
majority vote of the council.
(e)
Lots or houses along all streets, avenues or public way in the city shall
be assigned house numbers in accordance with a numbering plan as drawn by the
city engineer and contained on the official maps of the city. House numbers
shall be assigned on building permits or upon annexation of property and
buildings to the city. Upon any change in the official map requiring changes in
house numbers, the property owner shall be advised of the new number.
(f)
All streets running in an easterly and westerly direction shall be
numbered from Broadway, commencing at 100 east or west, as the case may be. All
streets running in a northerly and southerly direction shall be numbered from
Clark Street, commencing at 100 north or south, as the case may be. The
numbering of all streets shall increase progressively from such initial lines.
North of Clark Street, odd numbers shall be on the west side and even numbers on
the east side. South of Clark Street, odd numbers shall be on the east side and
even numbers on the west side. West of Broadway, odd numbers shall be on the
south side and even numbers on the north side. East of Broadway, odd numbers
shall be on the north side and even numbers on the south side.
(g)
Curvilinear streets, diagonal streets, culs-de-sac and streets running
both north-south and east-west may be numbered uniformly through their length or
for courts and culs-de-sac in uniformity with the main street, at the discretion
of the city engineer, to produce the least confusion.
(h)
It is the duty of all owners and occupants of buildings on all of the
streets of the city to obtain the correct house numbers for their respective
buildings and to cause such correct numbers to be conspicuously placed on their
buildings in numbers at least three inches in dimension.
(i)
It is unlawful to:
(1)
Knowingly use a number other than the official assigned number;
(2)
Knowingly use a street name other than the official name;
(3)
Commit any act to willfully confuse street names and addresses; or
(4)
Damage, deface, turn or change a street sign so as to cause confusion or
to mislead or misdirect others.
(Code 1980, § 2.72)
__________
*Cross references:
Buildings and building
regulations, ch. 18.
State law
references: Authority to
regulate subdivisions, M.S.A. § 462.358.
__________
The following words,
terms and phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different
meaning:
Alley
means a minor way which is used primarily for vehicular service access to the
backs or to the sides of properties which otherwise abut on streets.
Arterial streets and
highways means those
designed or utilized primarily for high vehicular speeds and for heavy volumes
of traffic.
Block
means the distance as measured along a street between intersecting streets from
centerline to centerline and it also means the enclosed area within the
perimeter of the streets or property lines enclosing it.
Collector streets
and highways means those
designed or utilized to carry intermediate volumes of traffic from minor streets
to arterial streets.
Commission
means the city advisory planning commission.
Drainage course
means a watercourse or indenture for the drainage of surface water.
Easement
means a grant by a property owner for the use of a strip of land for the purpose
of constructing and maintaining utilities, including but not limited to sanitary
sewers, water mains, electric lines, telephone lines, storm sewer or storm
drainage courses and gas lines.
Fair market value
means the average fair market value of all undeveloped land within the city as
established by the county assessor for the current year.
Local streets
means those which are used or will be used primarily for access to abutting
properties and which carry limited volumes of traffic.
Map
means a drawing showing one or more parcels of land.
Official map
means a map which designates certain existing and proposed alignments and
rights-of-way of streets, alleys, other public ways, streams, stormwater
drainage channels and sewers and sanitary sewers, and the sites of parks,
schools and other public grounds. Such map shall have been adopted by ordinance
following public hearing procedures and is intended to guide future development
in the city as it relates to thoroughfares and community facilities.
Owner
means an individual, firm, association, syndicate, copartnership, 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
land under this chapter.
Park
means an area of public land developed and maintained primarily as a pleasurable
landscaped area providing for both active and passive recreational pursuits,
including tot lots, playgrounds, neighborhood parks, playfields and special
purpose areas.
Plat
means a map showing a plan for the subdivision of land which is submitted for
approval and is intended in final form for recording.
Private street
means a purported street, way or strip of land reserved for the use of a limited
number of persons or purposes, as distinguished from a publicly dedicated
street.
Public walkway
means a public way designated for the use of pedestrian traffic.
Sanitary sewer
means a constructed conduit connected with a sewer system for the carrying of
liquids and solids other than stormwaters to a sanitary treatment facility.
Service drives
means minor streets which are parallel and adjacent to higher classified
thoroughfares and which serve to reduce the number of access points to those
thoroughfares and thereby increase traffic safety.
Setback
means the building setback line of distance as measured from the nearest street,
road or water shoreline.
Storm sewer
means a constructed conduit for carrying surface waters to a drainage course.
Street
means a way set aside for vehicular traffic, regardless of size or designation,
but excluding private driveways serving only one parcel of land.
Subdivider
means any person, individual, firm, association, syndicate, copartnership,
corporation, trust or other legal entity commencing proceedings under this
chapter to effect a subdivision of land.
Subdivision
means the division of any parcel of land shown as a unit or as contiguous units
on the last preceding tax roll, by platting, conveyance, registered land survey
or other means, into two or more parcels, sites or lots, any one of which is
less than five acres for the purpose, whether immediate or future, of transfer
of ownership. However, the sale or exchange of parcels between adjoining lot
owners, where such sale or exchange does not create additional building sites,
shall be exempted. The term "subdivision" also means the division of
land, regardless of area, if such division or plat provides for the granting or
dedicating of a public street; the resubdivision of land heretofore divided or
platted into lots, sites or parcels, where the total area of the land being
resubdivided is one acre or more; the division or allocation of land as open
space for common use by owners, occupants or lease holders or as easements for
the extension and maintenance of public sewer, water, storm drainage or other
public facilities.
Surveyor
means a duly registered land surveyor employed by the subdivider for the
preparation of subdivision surveys or plats as required by this chapter and
state statute, and in accordance with Code provisions and state law.
Transportation plan
means the part of the comprehensive plan adopted which includes a major street
and highway plan and sets forth the location, alignment, dimension,
identification and classification of existing and proposed streets, highways and
other thoroughfares.
(Code 1980, §
12.02)
Cross references: Definitions
generally, § 1-2.
Land subdivision is the
first step in the process of community development. Once land has been divided
into streets, blocks, lots and open spaces, a pattern has been established which
determines how well community needs for residences, businesses and industries
will be met. It also determines, to a great extent, how well the community will
be able to handle its traffic circulation problems, how well it will be able to
meet the demand for home sites and how efficiently and economically it will be
able to provide the many services that are required. The regulations in this
chapter are designed to provide for harmonious development of a subdivided area;
for a coordinated layout; for the proper arrangement of streets; for adequate
and convenient spaces for traffic, utilities, recreation, light, air, and access
for firefighting equipment; and for adequate provision of water, drainage, sewer
and other sanitary facilities. This chapter shall not apply to land used only
for agricultural purposes.
(Code 1980, §
12.01, subd. 1)
This chapter is enacted
pursuant to M.S.A. § 462.358.
(Code 1980, §
12.01, subd. 2)
The regulations in this
chapter governing plats and the subdivision of land shall apply within the
corporate limits of the city as determined by plat at the time of application
and the unincorporated area within two miles of its limits, provided that where
a municipality lies less than four miles from the limits of the city, this
chapter shall apply only to a line equidistant from the city and the
municipality, and provided that the governing bodies of unincorporated towns
adjacent to the city have not adopted ordinances for the regulation of
subdivision of land or platting. Copies of resolutions approving subdivision
plats of land outside the city but not subject to township subdivision
regulations shall be filed with the clerk of the town in which the land is
situated.
(Code 1980, §
12.01, subd. 3)
Any plat for each
subdivision or each part thereof lying within the jurisdiction of this chapter
shall be prepared, presented for approval and recorded as prescribed in this
chapter. The regulations contained in this chapter shall apply to the
subdivision of a lot, tract or parcel of land into two or more lots, tracts or
other division of land for the purpose of sale or building development, whether
immediate or future, including the resubdivision or replatting of land or lots.
Division of land in tracts larger than five acres in area and 300 feet in width
shall be exempt from the requirements of this chapter.
(Code 1980, §
12.01, subd. 4)
Every person who
violates this chapter when he performs an act thereby prohibited or declared
unlawful, or who fails to act when such failure is thereby prohibited or
declared unlawful, upon conviction, shall be punished as for a misdemeanor in
accordance with section 1-13.
(Code 1980, §
12.99)
Under this chapter, the
schedule of currently required fees shall be available at the city offices and
may be altered or amended only by the council. No plat shall be reviewed until
all fees have been paid in full.
(Code 1980, §
12.40)
No conveyance of land
in which the land conveyed is described by metes and bounds or by reference to a
plat made after the effective date of the ordinance from which this chapter
derives without approval by council resolution shall be made or recorded if the
parcel described in the conveyance is less than five acres in area and 300 feet
in width, unless such parcel is a separate parcel of record on the effective
date of the ordinance from which this chapter derives or unless an agreement to
convey such smaller parcel was entered into prior to such time and the
instrument showing the agreement to convey is recorded in the office of the
registrar of the county within one year after the effective date of the
ordinance from which this chapter derives.
(Code 1980, §
12.01, subd. 5)
(a)
Conditions. This section shall not apply to the division of one or
more lots, platted into lots and blocks and designated in a subdivision plat on
file and of record in the office of the county registrar, into one or more
separately described tracts nor shall this section apply to the consolidation of
two or more such platted lots or parts thereof into one or more tracts, upon
compliance with the following conditions:
(1)
The owner of such platted lots or lots to be so divided shall file a
proposed plat or survey of the lot or lots to be divided or consolidated in the
office of the city planner. Such plat or survey shall show the dimensions of the
lots measured upon the recorded plat and also the proposed division thereof. A
written description of the separately described tracts which will result from
the proposed division or consolidation shall be filed with such plat or survey;
(2)
The separately described tract of land to be conveyed or designated for
building permit purposes because of such division or consolidation, as described
upon the proposed plat or registered land survey, shall not be less than
dimensions required to secure the minimum lot widths and minimum lot areas as
specified in chapter 74;
(3)
As a result of such division or consolidation as authorized in this
section, no remaining part of an original subdivision shall become a separately
described tract having less than the minimum dimensions required to secure the
minimum lot widths and the minimum lot areas as specified in chapter 74; and
(4)
For any separately described tract which is the result of a division or
consolidation as authorized in this section and which is a corner lot and which
shall have its front yard on a different street because of such division or
consolidation, the minimum front yard requirement for the zoning district in
which such tract is located shall apply to both street frontages or where
applicable such minimum front yard requirements as set forth in chapter 74 shall
apply on both streets.
(5)
All assessments must be paid in full as certified by the county auditor.
(b)
Application for and issuance of building permits. Upon the
application of an owner who shall have complied with this section, the
inspection division, subject only to other applicable provisions of this Code,
is authorized to issue the building permit requested for any separately
described tract designated and set forth upon such proposed plat or survey,
notwithstanding any provision of chapter 74 to the contrary.
(Code 1980, §
12.01, subd. 6)
The city engineer and
building inspector shall refuse building permits and utility services to any
parcel of property conveyed by metes and bounds description in violation of this
chapter.
(Code 1980, §
12.01, subd. 7)
Under this chapter, no
grant of a public street to the city by deed shall be filed without the approval
of the council by a resolution to that effect.
(Code 1980, §
12.01, subd. 8)
(a)
The council may grant a variance from this chapter following a finding
that all of the following conditions exist:
(1)
There are special circumstances or conditions affecting the property such
that the strict application of the provisions of this chapter would deprive the
applicant of the reasonable use of his land.
(2)
The variance is necessary for the preservation and enjoyment of a
substantial property right of the petitioner.
(3)
The granting of the variance will not be detrimental to the public
welfare or injurious to other property in the territory in which the property is
situated.
(b)
In making this finding the council shall consider the nature of the
proposed use of land and the existing use of land in the vicinity, 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. In granting a
variance, the council shall prescribe only conditions that it deems desirable or
necessary to the public interest.
(c)
Application for any such variance shall be made in writing by the
subdivider at the time when the preliminary plat is filed for the consideration
of the planning commission and council, stating fully and clearly all facts
relied upon by the petitioner, and shall be supplemented with maps, plans or
other additional data which may aid the planning commission and council in the
analysis of the proposed project. The plans for such development shall include
such covenants, restrictions or other legal provisions necessary to guarantee
the full achievement of the plan. In all cases where applications for variance
are submitted for conditional approval along with the preliminary plat, the
action on such conditional approval shall issue from the council.
(Code 1980, §§
12.50, 12.51)
Secs. 54-13--54-40.
Reserved.
No plat of any
subdivision shall be recorded in the office of the county recorder or shall have
any validity until it has been approved by the council in the manner described
in this article. It is unlawful for the owner or the agent of the owner to
transfer or sell any land by reference to or by other use of a plat or
description unless the plat has been approved by the council as required in this
article.
(Code 1980, §
12.31)
Secs. 54-42--54-65.
Reserved.
Before preparing a
subdivision preliminary plat and submitting it to the planning commission for
approval, the subdivider shall meet and consult informally with the city
planning staff for the purpose of ascertaining the locations of proposed major
streets, parks, playgrounds, school sites, and other planned projects which may
affect the property being considered for subdivision. At the same meeting, the
subdivider shall review with the city planning staff the minimum standards of
subdivision design set forth in section 54-126. This informal review should
prevent unnecessary and costly revisions in the layout and development of the
subdivision. Formal application or filing of a plat with the city is not
required for this informal advisory meeting.
(Code 1980, §
12.10, subd. 1)
Before submission of a
subdivision final plat the subdivider shall prepare and submit to the city clerk
the preliminary plats of the land he proposes to develop as described in
subsection 54-69(b). The preliminary plats shall be submitted only after the
advisory meeting with the city planning staff and prior to the making of any
street improvements or the installation of any utilities.
(Code 1980, §
12.10, subd. 2)
The subdivision
preliminary plat shall meet the standards of design as set forth in section
54-126 and shall show the following information:
(1)
Scale of 100 feet to one inch or larger.
(2)
Name of subdivision, name and address of the owners, the engineer or
surveyor, and the owners of the adjacent property.
(3)
Location of the subdivision by section, town, range or other legal
description, together with a small-scale sketch showing the location within the
section.
(4)
Date, approximate north point and graphic scale.
(5)
Acreage of land to be subdivided.
(6)
Zoning classification of lands to be subdivided and all adjacent lands.
(7)
Contours at an interval of two feet.
(8)
Boundary lines of area to be subdivided and their bearings and distances.
(9)
Existing and proposed easements and their locations, widths and
distances.
(10)
Streets on and adjacent to the tract and their names, widths, proposed
approximate grades and proposed relative ground elevations at the intersections
of all streets and every 100 feet along such streets and at the corners or
extremities of the plat, and other dimensions as may be required. Elevations
shall be to city datum, or if unavailable a benchmark for the plat shall be
shown.
(11)
Utilities on and adjacent to the tract showing proposed connections to
existing utility systems. Rear easements for utility poles and wires shall be
provided wherever possible. Data to be provided includes type of utility;
location of manholes, catchbasins, hydrants, etc.; approximate depth of pipe,
size of pipe and direction of flow.
(12)
Lot lines, lot numbers and approximate lot dimensions.
(13)
Sites and their acreages, if any, to be reserved or dedicated for parks,
recreation areas, open spaces, schools, or other public uses; sites, if any, for
semipublic, commercial or multifamily uses.
(14)
Minimum building setback lines.
(15)
Location of railroads, streams, natural and proposed drainage courses,
permanent buildings or other structures.
(16)
Other reasonable information, such as percolation and other soil tests,
if so requested by the commission in order to make a proper review of the site.
(17)
Copies of proposed deed restrictions, if any, shall be attached to the
preliminary plat.
(18)
An informal statement as to the general plan of improvements, drainage
and development.
(Code 1980, §
12.10, subd. 3)
(a)
Prior to submittal of the subdivision preliminary plat, the subdivider
shall submit a sketch plat to the city planner for review and comment. Such
sketch plat shall be submitted on a survey of the area to be platted and shall
show the general layout and any state, county, municipal or township roadways or
public facilities within or adjacent to the proposed plat. The city planner
shall provide comment in writing to the subdivider within ten days.
(b)
The preliminary plat and supplemental material are required, and an
application provided by the city planning division shall be submitted to the
city planner. The number of copies of the preliminary plat required shall be
specified by the city planner.
(c)
The city planner shall, upon receipt of the preliminary plat, submit
copies for review and comment to the inspection, parks, and engineering
departments and public utility companies and the state department of
transportation, and county engineering if state or county rights-of-way are
within or adjacent to the proposed plat.
(d)
Upon completion of review, the city planner shall submit the preliminary
plat to the planning commission for public hearing.
(e)
The city shall notify the subdivider by mail of the time and place of the
public hearing no less than five days before the date fixed for the hearing.
Similar notice shall be mailed to the owners of the land immediately adjoining
the area to be subdivided as shown on the preliminary plat.
(f)
Within 60 days after the hearing on the preliminary plat, the planning
commission shall recommend approval, disapproval, or approval subject to
modifications of the plat to the council. Failure of the planning commission to
act on this preliminary plat within 60 days shall be deemed a recommendation of
approval of the plat. If a plat is recommended for disapproval, reasons for such
disapproval must be stated in writing. If approval subject to modifications is
recommended, the nature of the required modifications shall be indicated in
writing. The planning commission shall then forward the preliminary plat with
its recommendations to the council for final action. The final action of the
council shall be noted on two copies of the preliminary plat with any notations
made at the time of approval or disapproval of the specific changes required.
One copy shall be returned to the subdivider and the other placed on file in the
office of the city planner.
(g)
Approval of the preliminary plat shall not constitute acceptance of the
final plat. The approval of the preliminary plat shall lapse unless a final plat
based thereon is submitted within one year from the date of such approval. One
extension of time, not to exceed 60 days, may be applied for by the subdivider
and granted by the council.
(Code 1980, §
12.10, subd. 4)
Whenever part of a
tract is proposed to be subdivided and it is intended to subdivide additional
parts of the tract in the future, a sketch plan for the entire tract showing the
proposed platting arrangements shall be submitted to the planning commission at
the time the preliminary plat for the first part of the tract to be platted is
submitted.
(Code 1980, §
12.10, subd. 5)
A filing fee will be
charged at the time of filing the subdivision preliminary plat, to offset
administrative costs in processing the application. This fee will be assessed
once for each preliminary plat application submitted; no additional fee will be
charged for filing a final plat. Such fee will be computed on the basis of the
currently required minimum fee.
(Code 1980, §
12.10, subd. 6)
Secs. 54-72--54-95.
Reserved.
(a)
The subdivision final plat shall be prepared at a scale of one inch
equals 100 feet in the following numbers:
(1)
One Mylar reproducible stamped "copy," unsigned.
(2)
One cloth, signed (official plat).
(3)
Four cloth, stamped "copy," signed.
(4)
One cloth, stamped "copy," unsigned.
(5)
Five paper, stamped "copy," unsigned.
(6)
One paper reduction 11 X
17, signed.
(7)
One digital file.
(b)
The final plat shall be prepared on sheets 20 inches wide and 30 inches
in length with a two-inch left borderline and a one-half-inch top, bottom and
right borderline and in appropriate digital form. The final plat shall include
the following information and any other information required by state law:
(1)
Data required by state law to fully describe the land to be platted,
including accurate dimensions, angles, bearings to describe boundaries, streets,
easements, areas reserved for public purpose and other important features.
(2)
Name and right-of-way width of each street, highway, easement or other
rights-of-way as required by state law.
(3)
Lot numbers, lot lines and dimensions.
(4)
Purpose for which sites, other than residential lots, are dedicated or
reserved.
(5)
Location of rivers, streams, creeks, lakes, ponds, swamps as required by
state law.
(6)
Location and description of monuments as required by state law.
(7)
Names and location of adjoining subdivisions, streets and unplatted
properties.
(8)
Certification on the plat of title showing that the applicant is the
owner and a statement by such owner dedicating streets, rights-of-way and any
other sites for public use.
(9)
Certification on the plat by the surveyor as to the accuracy of survey
and plat.
(10)
Certification on the plat by the city clerk that the plat has been
approved for recording in the office of the county recorder.
(c)
The following shall be submitted with the final plat:
(1)
Certification that the subdivider has complied with one of the following
alternatives:
a.
All the improvements have been installed in accordance with the
requirements of this chapter; or
b.
A bond has been posted with the city which is in an amount determined by
the council to be sufficient to complete the improvements and installations in
compliance with this chapter, which is with a surety satisfactory to the
council, and which specifies the time for the completion of the improvements and
installations.
(2)
Cross sections, profiles and grades of streets, curbs, gutters and
sidewalks showing locations of in-street utilities and drawn to standard scales
and elevations.
(3)
Protective covenants, if any.
(4)
Letters of approval of highway access points and service roads from the
commissioner of highways and the county engineer, as applicable.
(Code 1980, §
12.11, subd. 1)
(a)
Four paper print copies of the subdivision final plat, together with any
street profiles, other plans and certifications as indicated in this division
that may be required shall be submitted to the city clerk by the subdivider.
(b)
One paper print copy of the final plat shall be transmitted to the
engineer who will check the plat as to computations, monuments, etc., and that
all the required improvements have been completed to the satisfaction of the
city or, if a security bond has been posted, that it is sufficient to cover the
cost of the required improvements. If found satisfactory, he will refer the
paper print copy of the final plat to the planning commission with his approval
certified thereon within 30 days of receipt thereof.
(c)
Within 60 days after the submittal of the final plat, the planning
commission shall recommend approval or disapproval of the plat. Failure of the
planning commission to act upon this final plat within 60 days shall be deemed a
recommendation of approval of the plat. If plat disapproval is recommended, the
grounds for disapproval shall be stated in the records of the planning
commission. A plat shall not be recommended for approval unless it:
(1)
Conforms to the preliminary plat.
(2)
Conforms to the design standards set forth in this chapter.
(3)
Conforms to the adopted comprehensive plan.
(4)
Is in accordance with all requirements and laws of the state.
(d)
The planning commission shall then forward the plat together with its
recommendations to the council for final action. It is the intent of this
chapter that a paper copy of the final plat go to the planning commission and
city engineer for review and to the council for action. When the paper print of
the final plat has been approved by the council, the developer shall then cause
the required Mylar, cloth and paper prints to be made with the approval of the
city certified thereon and distributed according to state statute.
(e)
When the final plat has been approved by the council, the required copies
shall be returned to the subdivider, with the approval of the city certified
thereon, for filing with the county recorder as an official plat of record.
(f)
Upon approval of the final plat, the subdivider shall record it with the
county recorder within 90 days in the manner specified by state law. Otherwise
the approval shall become void unless a request for extension has been made in
writing and approved by the council.
(Code 1980, §
12.11, subd. 2)
Secs. 54-98--54-125.
Reserved.
(a)
Required. The developer shall provide the following improvements
before approval of a subdivision plat or shall provide the necessary funds in
escrow or shall provide a performance bond in an amount necessary to insure
compliance with the installation of improvements as required in this article.
However, the council may also accept petitions for the improvements to be
installed on a special-assessment basis. All of the improvements required in
this section shall be constructed only after the plans and specifications
thereof have been approved by the city. No area platted after the effective date
of the ordinance from which this section derives outside the city or property
subdivided by metes and bounds descriptions after the effective date of the
ordinance from which this section derives will be accepted for annexation unless
it shall substantially conform or can be made to substantially conform to the
minimum standards in this section.
(b)
Conformance to official map and comprehensive plan. The plat shall
conform to the official map and other parts of the adopted comprehensive plan of
the city.
(c)
Official map. Whenever a tract to be subdivided embraces any part
of an arterial or collector street or highway, so designated on the official
map, such part shall be platted by the subdivider in the location and at the
width indicated on the plan.
(d)
Land subject to poor drainage. The right is reserved to disapprove
any subdivision which is subject to poor drainage. However, if the subdivider
agrees to make such improvements as will make the area safe for residential,
commercial or industrial occupancy, the subdivision may be approved subject,
however, to the approval of the city planning commission and city council. No
land shall be subdivided which is unsuitable for the reason of flooding,
inadequate drainage, water supply, or sewage treatment facilities. All lots
within the floodplain districts shall contain a building site at or above the
regulatory flood protection elevation. All subdivisions shall have road access
both to the subdivision and to the individual building sites no lower than two
feet below the regulatory flood protection elevation. For all subdivisions in
the floodplain, the flood and flood fringe boundaries, the regulatory flood
protection elevation and the required elevation of all access roads shall be
clearly labeled on all required subdivision drawings and platting documents.
(e)
Community assets. In all subdivisions, due regard shall be shown
for natural features such as trees, unusual rock formations and watercourses;
for sites which have historical significance; and for similar assets which, if
preserved, will add attractiveness and value to the subdivision and to the
community. The planning commission may prepare a list of all such features
within its area of subdivision jurisdiction which it deems worthy of
preservation.
(f)
Monuments and stakes. All subdivision boundary corners, block and
lot corners, street intersection corners, and points of tangency and curvature
shall be marked with survey monuments consisting of minimum five-eighths-inch
steel rods 24 inches in length. Inscribed on the monument or cap, according to
state statute, shall be the registration number of the land surveyor making the
survey. All U.S., state, county and other official benchmarks, monuments or
triangulation stations in or adjacent to the property shall be preserved in
precise position.
(g)
Public utilities and facilities in floodplain. Public utilities
and facilities such as gas, electrical, sewer and water supply systems to be
located in the floodplain shall be floodproofed in accordance with the state
building code or elevated to one foot above the regulatory flood protection
elevation.
(h)
Public transportation facilities in floodplain. Public
transportation facilities, including railroad tracks, roads, and bridges, within
floodplain areas shall be elevated to the regulatory flood protection elevation
where failure or interruption of these transportation facilities would result in
danger to the public health or safety or where such facilities are essential to
the orderly functioning of the area.
(Code 1980, §
12.20)
(a)
Major subdivisions. The general principles of design and minimum
requirements for the layout of subdivisions, set forth in section 54-126, may be
varied by the council for a subdivision large enough to constitute a more or
less self-contained neighborhood which is to be developed in accordance with a
comprehensive plan safeguarded by appropriate restrictions, and which, in the
judgment of the council, makes adequate provision for all essential community
requirements. However, no modification shall be granted by the council which
would conflict with the proposals of the official map or with the other features
of the comprehensive plan or with the intent and purposes of such general
principles of design and minimum requirements.
(b)
Small subdivisions. For a subdivision of small size and minor
importance, situated in a locality where conditions are well defined and
containing not more than four lots fronting on an existing street not involving
any new street or road or the extension of municipal facilities and not
adversely affecting the adjoining property, the council may exempt the
subdivider from complying with some or all of the requirements stipulated in
division 2 of article II of this chapter pertaining to the preparation of the
preliminary plat.
(c)
Unusual physical conditions. In any particular case where the
subdivider can show that, because of exceptional topographic or other physical
conditions, strict compliance with any requirement of this chapter would cause
unusual difficulty or exceptional and undue hardship, the council may relax such
requirement to the extent deemed just and proper, so as to relieve such
difficulty or hardship, provided that such relief may be granted without
detriment to the public good and without impairing the intent and purposes of
this chapter or the desirable general development of the neighborhood and the
community in accordance with the comprehensive plan and chapter 74. Any
modification thus granted shall be entered in the minutes of the council setting
forth the reasons which, in the opinion of the council, justify the
modification.
(Code 1980, §
12.30)
(a)
Applicability of section. The requirements in this section are
applicable to all subdivisions within the jurisdiction of the city.
(b)
Dedication of land.
(1)
In subdividing land or resubdividing an existing plat, due consideration
shall be given by the subdivider and by the planning commission upon review to
the dedication or reservation of suitable sites for schools, conservation areas
or other public or semipublic recreational areas or open spaces and parks. Where
a proposed public park, recreational area or open space, as determined by the
comprehensive plan, planning commission and council, is located in whole or in
part within a subdivision, the subdivider shall dedicate such lands to the city;
provided, however, that the total dedication exclusive of public streets, alleys
and pedestrian ways and exclusive of all other purchased sites such as fire and
police stations, water towers and treatment plants, and sewer lift stations
shall be consistent with the following:
a.
For land within a residential zone, one acre of land for each 54 dwelling
units based on the maximum permitted density in the residential zone in which
the property is designated at the time the subdivision is approved.
b.
For commercial or industrial zoned land, one acre of land for each nine
acres of commercial or industrial land.
(2)
Where an area that is specifically designated by the comprehensive plan
or council for a public park, recreation area, or open space exceeds the area
required in subsection (b)(1)a or (b)(1)b of this section, the entire area shall
be reserved for use on all subdivision plans and plats, and the acquisition of
such additional area shall be made by the city or arrangements made for its
acquisition within a period not to exceed five years from the date of approval
of the final plat or, if the land is not acquired, the city shall permit the
development of the property. The value of the subject land before improvements
shall be established by three qualified appraisers, one of whom shall be
appointed by the council, one by the subdivider, and one of whom shall be
mutually agreed upon by the other two.
(c)
Payment in lieu of dedication. In lieu of dedication of land as
required in subsection (b)(1)a or (b)(1)b of this section, in proposed
subdivisions where the planning commission and council have determined that land
shown on the comprehensive plan for parks and open spaces or other public
facilities is not needed by the city and when the proposed subdivision does not
encompass land shown on the comprehensive plan for parks, open spaces, and other
public facilities, the subdivider shall make a cash payment to the city in
accordance with the following:
(1)
Residential zoned property. An amount equal to the fair market
value of one acre of land for each 54 dwelling units based on the maximum
permitted density in the residential zone in which the property is designated at
the time the subdivision is approved.
(2)
Industrial zoned or commercial zoned land. An amount equal to the
fair market value of one acre of land for each nine acres of commercial or
industrial land.
(d)
Partial dedication and partial payment. The city may permit or
require the subdivider to provide a partial dedication and a partial payment in
accordance with the requirements of subsections (b) and (c) of this section
where parkland is readily available or where less parkland is determined to be
needed with the proposed subdivision.
(e)
Public land purchase and improvement account. Sums of money paid
in lieu of dedication and so received by the city shall be placed in a special
account, to be known as the public land purchase and improvement account, and
allocated by the council solely for acquisition of land for public parks,
recreation areas or open spaces; development of existing parks and recreation
areas; or debt retirement in connection with land previously acquired for parks,
recreation areas or open spaces.
(Code 1980, §
12.21)
Cross references: Parks
and recreation, ch. 42.
(a)
The requirements in this section are applicable to all subdivisions
within the jurisdiction of the city.
(b)
The subdivision shall be so designed as to be in harmony with adjacent
subdivisions and shall provide for the continuation of existing streets.
Provision shall be made for streets through the subdivision for the platting of
contiguous property. No strip of unplatted land or portion of street or artifice
shall be used or retained by the subdivider to impede the platting of adjacent
parcels.
(c)
The street layout shall provide access adequate for emergency and public
service vehicles to all lots and parcels of land within the subdivision.
(d)
Where appropriate to the design, streets shall be established to avoid
jogs at intersections and to promote continuity of local streets and those of
higher classifications. Street jogs with centerline offsets of less than 125
feet shall be prohibited.
(e)
Streets shall be established to take advantage of the contour of the land
so as to produce usable lots, to cause a minimum of cutting and filling and to
produce streets with reasonable grades as defined in section 54-132.
(f)
Certain proposed streets, where appropriate, shall be extended to the
boundary line of the tract to provide for adequate circulation of traffic within
the vicinity.
(g)
Streets shall intersect other streets as near to a 90-degree angle as
topography and other factors permit. Intersections of streets with arterial or
collector streets shall be limited to a minimum angle of 70 degrees unless
specifically approved by the commission.
(h)
Whenever there exists a dedicated or platted portion of a street or alley
adjacent to the proposed subdivision which conforms to the official map, the
remainder of the street or alley shall be platted to the prescribed width within
the proposed subdivision.
(i)
Half-width streets shall be prohibited except where essential to the
reasonable development of the subdivision in conformity with the other
requirements of this chapter. Where an existing, half-width street adjoins a
portion of the boundary of a proposed subdivision, street dedication in a width
needed to make this a full-width street may be required.
(j)
Street and right-of-way widths shall conform to those indicated in the
transportation plan. Where such widths are not prescribed therein, the widths
shall not be less than the minimum stated in section 54-130.
(k)
Alleys shall be platted in the rear of all lots to be used for commercial
or industrial purposes. Alleys will not be approved in residential areas, unless
required by unusual topography or other exceptional conditions.
(l)
Lands abutting arterial or collector streets shall be platted with the
view of making the lots, if for residential use, desirable for such use by
cushioning the impact of heavy traffic on such trafficways and with the view
also of minimizing interference with traffic on such trafficways as well as the
accident hazard. This may be accomplished in several ways:
(1)
By platting the lots abutting such trafficways at very generous depths,
with setbacks or front yards at least ten feet greater or deeper than otherwise
required, and providing vehicular access to them by means of frontage access
roads next to the trafficway, connected therewith at infrequent intervals.
(2)
By not fronting the lots on the highway or thoroughfare but on a parallel
local street at a distance of a generous lot depth, in which case private
driveways shall connect with such local street.
(3)
By a collector street platted more or less parallel with the highway or
thoroughfares, 600 to 1,000 feet distance therefrom, from which loop streets or
dead-end streets would extend toward the highway, the ends of which provide
access to the lots abutting the highway to their rear.
(m)
Dead-end streets will be approved if limited to 500 feet long, provided a
permanently designed turnaround area having a minimum diameter to the edge of
the finished street or curbline of not less than 50 feet and a minimum
right-of-way diameter of 70 feet is constructed.
(n)
Closed subdivisions, with one exit, shall not be permitted.
(o)
Blocks shall have sufficient width to provide for two tiers of lots of
appropriate depth unless, in the opinion of the commission, prevented by unusual
topography or other physical conditions.
(p)
The lengths, widths and shapes of blocks and lots within blocks shall be
determined with due regard to the following:
(1)
Provision of adequate building sites suitable to the special needs of the
principal and all required accessory uses.
(2)
Zoning requirements as to lot sizes and dimensions and provisions
regulating off-street parking and loading spaces.
(3)
Needs for convenient access, circulation, control and safety of street
traffic.
(4)
Limitations and opportunities of topography.
(5)
Generally, blocks shall not exceed 1,320 feet nor less than 500 feet in
length measured along the greatest dimension of the block.
(q)
Residential blocks shall normally be of sufficient width for two tiers of
lots. Block lengths shall be determined by circulation and other needs. Where
residential blocks with lots deeper than 200 feet are proposed, a reservation
for a future street through the middle of the block, longitudinally, may be
required.
(r)
Pedestrian crosswalks, not less than ten feet wide, shall be required
where deemed essential to provide circulation or access to schools, playgrounds,
shopping centers, transportation and other community facilities.
(s)
The number of intersecting streets along arterial and collector streets
shall be held to a minimum, and where practicable blocks along such trafficways
shall not be less than 800 feet in length.
(Code 1980, §
12.22)
Cross references: Streets
and sidewalks, ch. 50.
(a) For all public ways dedicated and a