12-19-1957 PCM c4
W
December 19, 1957
Memo To: Mayor and City Council, Hutchinson, Minnesota
From Carl L. Gardner and Associates - Thorshov & Cerny, Inc.
by J. W. Hawks, Principal Planner
Subject: Subdivision Regulation, Suggested Wording of
Related Ordinances
The attached copy of proposed "Subdivision Regulations" is to be
considered as the first draft and has been written with the two
following provisions:
1. That the City of Hutchinson intends to provide for
and appoint an official City Planning Commission.
2. That at the time of drafting the test, the level of
improvements which the City desires to be installed
within new plats by the developer was unknown.
The text as written includes provisions which are
generally accepted throughout the United States
although past policies in some communities require
special handling of some improvements.
It is also important to note that the suggested wording for the Ordinances
adopting the regulations and for establishing a Planning Commission are
to be considered as parovidi ig content and not legal form. This is a
responsibility for which we depend upon the City Attorney.
Mested Wording
Ordinance No.
An Ordinance Establishing A Commission To Plan For The Physical
Development of the City of Hutchinson, Minnesota, Pursuant to
Minnesota Statutes Revised, Sections 471.26 through 471.33.
The City Council of Hutchinson does ordain:
1. Establishment of a Commission. A City Planning Commission
00ity of Hutchinson. Minnesota is hereby established.
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Section 2. Composition. Such Planning Commission shall consist of
9 members to be appointed as follows:
Sia (b) members from the resident population of Hutchinson,
other than persons elected to a public body, by the Mayor
with the approval of the City Council. The appointees shall
have terms as follows: two for one year; two for two years;
one for three years and one for four years; thereafter members
shall be appointed to serve a term of four years from the first
day of February. Upon expiration of a term the appointee shall
continue until reappointed or a successor is appointed. In the
event of any vacancy the Mayor, with the approval of the Council.
shall appoint a person to complete the unexpired term.
Two (2) of the members shall be appointed by the Mayor from
the City Council with Council approval, for a term which expires
on December 31st of each year.
One (1) member shall be appointed from the Hutchinson Inde-
-pendent School District Board by said Board, to serve a term
which shall expire on December 31st each year.
Each of the nine commission members shall have equal voting
privilege. Any member may, be removed for cause by a 4/5
4oio of the City Council upon written charge and after a public
hearing.
Section 3. Organization Meetlsgs, Etc. At the first regular meeting
In February, the Commission shall elect a chairman and secretary
from among its appointed members for a term of one year; and the
Commission may create and fill such other offices as it may determine.
The Commission shall hold at least one regular meeting each month
at such time and place as they may fix by resolution. Special meetings
may, be called at any time by the chairman, or in case of his absence,
by the vice-chairman. A majority of the Commission shall constitute
a quorum. It shall adopt rules and procedures for the transaction of
its business and shall record its findings in official minutes, which
record shall be a public record. On or before January lot of each
year the Commission shall submit to the City Council a report of its
work during the preceding year.
Expenditures of the Commission shall be within amounts appropriated
for the purpos*0 by the City Council.
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Section 4. Duties and Powers of the Commission
4.1 Preparation of Comprehensive Pian. it shall be the duty of
the Planning Commission to prepare and adopt a Comprehensive Plan
for the physical development of the City, including proposed public
buildings, street arrangements and improvements, efficient design of
major thoroughfares for moving of traffic. parking facilities, public
utilities services, parks and playgrounds, a general land use plan and
other matters relating to the physical development of the City. Such
plan may be prepared in sections, each of which shall relate to the
Comprehensive Plan program.
4. Z Means of Executing Plan_ . Upon the adoption of a Compre-
hensive Plan or any section thereon, it shall be the duty of the Commission
to recommend to the City Council reasonable.and practicable means
for putting into effect such plan or section thereof in order that the same
will serve as a pattern and guide for the orderly physical development
of the City, and as a basis for judging the timely disbursements of funds
to implement the objective.
Means of effectuating the plan shall consist of a zoning ordinance, sub-
division regulations, capital improvement programming and technical
review and recommendations on matters referred to the Commission by
the Council.
4.3 Zoai% Ordinance. The Planning C mamission shall review
all proposed amendments to the zoning ordinance and make recommeafla-
tions within 45 days, as such. to the City Council. Before maldng such
recons, the Planning Commission shall hold at least -one public
hearing thereon after a public notice has been published in the official
newspaper of the City, at least 10' days before the day of the hearing.
The Commission or City Council as well as the owner of a parcel of
land may initiate a petition for an amendment to the zoning ordinance.
4.4 A sale. The Planning Commission shalt have the power to
review all appeals ram the ruling of the Building Inspector or other
Administrative Officer. where an error in any order regulation.
decision or determination made by such -officer in enforcing the zoning
ordinance, is alleged. The Planning Commission shall reports its
recommendation to the City Council for action.
4.5 Variance. The Planning Commission shall have the power to
review all request for a variance to the zoning ordinance as it applies
to a particular parcel of land or use of such a parcel. The Commission
shall report its recommendation to the City Council for action.
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4.6
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4.b Special Permits. The Planning Commission shall have the
power to hiar and review all requests for a special permit under the
terms of the zoning ordinance. The Commission shall report its
recommendations to the City Council for action.
4.7 Subdivisions. The Planning Comneission shall have the power
to admin ster the ubd vision Regulations in relation to the subdividing
of land. The Commission shall report its recommendation to the Council
for action.
4.8 Capdtal M!provement Program. The Planning CoaUmission
small have the responsibility of obtaining from each oWeer, department,
board or commission of the City, whose function includes recommending
and preparing plans for or constructing public works, a descriptive list
of proposed improvements for the ensuing 5 year period. The Planning
Commission shall also request from the local school district a similar
list of its proposed public wosks. The Planning Commission shall list
and classify all such proposed public works and shall prepare a co-
ordinated program of proposed public works for the ensuing year and
for a projected five year period. Such program shall be recommended by
the Commission to the Council and to such other officers, departments,
boa --do or public bodies as have jurisdiction over the recommended
planning or construction of such public works. A copy of the recommended
program of the public works shall be included in the annual report of
the Planning Coi .x*ission provided for in Sgcdion 3.
Attest:
Adopted by the City Council
!date)
Mayor
Cler
Approved as to form and legality
City Attorney
Suggested wording.
Ordinance Adopting Subdivision Regulatiops
Ord, No.
An Ordinance Adopting Regulations in the Subdividing of Land and for
the Improvement Therein Within The Jurisdiction of the City of
Hutchinson, County of McLeod, Minnesota.
Whereas, the City Couneil of Hutchinson, Minnesota, has prepared, app-
roved and adopted Subdivision Regulations and certain rules and regula-
tions governing the installation of imprpvements in subdivisions within
the City of Hutchinson, and the area within its jurisdiction; and
Whereas, the City of Hutchinson may adopt such 34bdivision
Regulations pursuant to Chapter 287 of the Minnesota Revised Statute; and
Whereas, public hearing before the City Council was held on said
Rtgulations
Be It Ordained by the City Council of Hutchinson, Minnesota,
County of McLeod, Minnesota, that:
Section 1.
The Subdivision Regulations governing the subdivision of land within the
jurisdiction of the City of Hutchinson are hereby adopted.
Section 2.
All Ordinances. parts of ordinances, resolutions or parts of resolutions
inconsistent with this Ordinance be and the same are hereby repeated.
Section 3.
This Ordinance shall take effect and be in force 15 days after publica-
Stion in the official city newspaper.
Passed:
Attest:
.Clerk of Council
r
Mayor
SUBDIVISION RECULATIONS
HUTCHINSON, MINNESOTA
SECTION 1
PURPOSE AND INTERPRETATION
Each new subdivision becomes a permanent unit in the basic physical structure
of the future community, a unit to which the future community will of neces-
sity be forced to adhere. Piecemeal planning of such subdivisions, without
correlation to the City Plan, will bring a disconnected patchwork of plats and
poor circulation of traffic. In order that new subdivisions will contribute
toward an attractive' orderly, stable and wholesome community environment,
adequate municipal services and efficient movement of traffic, all subdivisions
hereafter platted within the jurisdiction of the City of Hutchinson shall' in
all respects fully comply with the regulations hereinafter set forth in these
Regulations. In their interpretation and application the provisions of these
Regulations shall be the minimum requirements adopted for the protection of
the public health, safety and general welfare.
SECTION 2
TERRITORIAL LIMITS OF REGULATIONS AND SCOPE
The rules and regulations governing plats and subdivisions of land contained
herein shall apply within the Village of Hutchinson, and to land located
within 2 miles of its limits when not within another municipality, In the
event of overlapping jurisdiction within such 2 mile area, the extent of
jurisdiction hereinunder shall be as determined and agreed upon between
Hutchinson and the other municipality or municipalities concerned.
Except in the case of a resubdivision, these Regulations shall not apply to
any lot or lots forming a part of subdivision plats recorded in the office of
the Register of Deeds of McLeod County prior to the effective date of these
Regulations9 nor is it intended by these Regulations to repeal, abrogate'
annul or in any way impair or interfere with existing provisions of other
laws or ordinances except those in conflict with these Regulations, or with
private restrictions placed upon property bq deed, covenant or other private
agreement which are equal to or more restrictive, or with restrictive coven-
ants running with the land to which the City is a party.
SECTION 3
DEFINITIONS
For the purpose of this Ordinance, the following terms, phrases' words and
their derivations shall have the meaning given in this section. When not
inconsistent with the context, words used in the present tense include the
future9 words in the plural number include the singular number, and words in
the singular number include the plural number. Thw word "shall" is'always
mandatory and not merely directory.
a, "Boulevard" is the portion of the street right-of-way between the
curb line and the property line,
b, "Butt Lot" is a lot at the end of a block and located between two
corner lots,
C. "City Plan" is a comprehensive plan adapted by the City Council,
indicating the'general locations recommended for the various func-
tional classes of public works, places and structures, and for the
general physical development of the City of Hutchinson, and includes
any unit or part of such plan separately adopted and any amendment
to such plan or parts thereof,
d, "Final Plat" is the final map, drawing or chart on which the sub=
divider's plan of subdivision is presented to the City Council for
approval and which, if approved, will be submitted to the County
Register of Deeds or Registrar of Titlese ;
e, "Lot" is a parcel or portion of land in a subdivision or plat of land'
separated from other parcels or portions by description as on a sub-
division or record of survey map or by metes and bounds* for the
purpose of sale or lease or separate use -thereof,
f, "Easement" is a grant by an owner of land for the specific use of
said land by the public generally, or to a person or persons,
g, "Minimum Subdivision Design Standards" are the guides, principles
and specifications for the preparation of subdivision plans-indica-
ting
lans indica-ting among other things, the minimum and maximum dimensions of the
various elements set forth in the preliminary pian,
h. "Owner" is any individuals, firm, association, syndicate, copartner-
ship, corporation, trust or any other legal entity having sufficient
proprietary interest in the land sought to be subdivided to commence
and maintain proceedings to subdivide the same under this ordinance'.
i, "Pedestrian Way" is the right-of-way across or within a block* for
use by pedestrian traffic whether designated as a pedes'tr'ian way's
cross -walk or however otherwise designated,
J. "Person" is any individual, firms association, syndicate or partneri-
ships
artner=ship, corporation, trust, or any other legal entity,
k, "Planning Commission" is the Hutchinson Commission,
1, "Preliminary Plan" is the preliminary map, drawing or chart indica-
ting the proposed layout of the subdivision to be submitted to the
Planning Commission and City Council for their consideration„
neo "Protective Covenants" are contracts entered into between private
parties and constitute a restriction on the use of all private
property within a subdivision for the benefit of the property owners,
and to provide mutual protection against undesirable aspects of
development which would tend to impair stability of valueea
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? no "Setback Line, Building" is a line within a lot which establishes
the minimum distance between the front property and the nearest
portion of an enclosed structure.
o. "Streets and Alleys"
1. "Street" is a way for vehicular traffic, whether designated as
a street, highway, thoroughfare, parkway, throughway, road,
avenuep lane, place or however otherwise designated.
1-a "Collector Street" is a street which carries traffic from minor
streets to thoroughfares. It includes the principal entrance
streets of a residential development and streets for circulation
within such a development.
1-b "Cul -de -Sac" is a minor street with only one outlet and having
a turn around.
1-c "Marginal Access Street" is a minor street which is parallel and
adjacent to a thoroughfare and which provides access to abutting
properties and protection from through traffic.
1-d "Minor Street" is a street of limited continuity used primarily
for access to the abutting properties and the local needs of a
neighborhood.
1-e "Street Width" is the shortest distance between the lines delinea-
ting the right-of-way of a street,
1-f "Thoroughfare" is a street where heavy volumes of fast moving
vo%iclos are provided for. The streets have considerable contin-
uity and are used primarily as a traffic artery for intercommun-
ication among large areas.
29 "Alley" is a minor way which is used primarily for vehicular
service acces to the back or the side of properties abutting on
a streeto
p. "Subdivider" is any person coomncing proceedings under this Ordin-
ance to effect a subdivision of ]and hereunder for himself or for
another.
q. "Subdivision" is the division of a parcel of land into two or more
lots or parcels, any of which resultant parcels is less than two and
one-half acres in area, for the purpose of transfer of ownership or
building development, or, if a raw street is involved, any division
of a parcel of land. The term includes resubdivision and, when
appropriate to the context, shall relate to the process of subdivi-
ding or to.the land subdivided,
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SECTION 4
Unless approved as a final plat as provided herein, no subdivision shall be
entitled to record in the County Recorder's office or have any validity; and
the Building Inspector shall not issue building permits for any structure on
a lot in any proposed subdivision. The City Council shall not permit any
public improvements to be installed unless the preliminary plat is approved
and shall not permit any services until approval of the final plat.
Any firms person or corporation who violates, omits, neglects or refuses to
comply with or who rapists the enforcement of any of the provisions of these
Regulatigns subject to modification under Section 12, or who sells or offers
for sale or lease any lot or block of land herewith regulated before all the
requirements of these Regulations have been complied with, shall be fined
not less than $25.00 and not more than $200.00 for each offense; and each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 5
(A) PRELIMINARY PLAT
1. Before dividing any tract of land into two or more lots or parcelsp
an owner or subdivider shall' unless a variance is authorised, file
with the City Councils
a. Four copies of the preliminary plat,
b. A cash fee of $25 plus one dollar ($1) for each lot up to a
maximum amount of $150. This fee will be used for the expenses
of the City in connection with approval or disapproval of said
plat and any final plat which may thereafter be submitted,
c. If the subdivider requests that any existing special assessments
which have been levied against the premises described in the sub-
division be divided and allocated to the respective lots in the
subdivision plat, the City Assessor shall estimate the clerical
cost of preparing the revised assessment roll, filing the same
with the county auditor, and making such division and allocation,
and upon approval by the Council of such estimated cost the same
shall be paid to the city treasurer in addition to the fee
mentioned in subparagraph b above, to cover the cost of preparing
and filing such revised assessment.
2. The City Council shall consider the preliminary plat officially filed
after the Secretary of the Planning Commission has examined it and
advised the Council that it is in proper form.
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(B)
3. On the same date that it places the preliminary plat on filer the
City Council -ems nKa,41
a. Set a public hearing on the preliminary plat' such hearing to
be held within 30 dayso The City Council may authorize the
Planning Commission to -conduct the hearing and report upon the
findings and recommendations. The City Council shall cause
notice of said hearing to be published in the official City
newspaper at least' five days prior to the hearing, cu.4 AkhaAjQ ,
b. Refer two copies of the preliminary plan to the Planning Com-
mission for its examination and report and one copy to the City
Engineer for his examination and report. Copies of the report
of the City Engineer shall be given to the City Council and
Planning Commission within fifteen days.
4. The Planning Commission shall have the preliminary plat on its agenda
at its next regular meeting following referral from the City Council.
This meeting may serve as the public hearing if so established by the
City Council.
5. The Planning Commission shall make its report to the City Council on
or before the
Akh �!G AAq A4 2rcvv
Gni t.Jl
6. The City Council shall act on the preliminary plat within 60 days of
the date on which it was filed with formal request for approval. If
the report of the Planning Commission has not been received in time
to meet this requirements$ the Council may act on the preliminary
plat without such a report.
7. If the preliminary plat is not approved by the City Council9 the
reasons for such action shall be recorded in the proceedings'of the
'Council and transmitted to the applicant, If the preliminary plat
is approved# such approval shall not constitute final acceptance of
the subdivision*
FINAL PLAT
1. The owner or subdivider shall file five (5) copies of the Final Plat
not later than three months after the date of approval of the prelim-
inary plat; otherwise# the preliminary plat and final plat will be
considered void unless an extension is requested in writing by the
subdivider and for good cause granted by the City Council.-- he amer
OV an up -b& -date d
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de
The final plat will have incorporated all changes or modifications
required by the City Council; in all other respects it shall conform
to the preliminary plata It may constitute only that portion of the
approved preliminary plat which the subdivider proposes to record
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and develop at the time, provided that such portion conforms with
all the requirements of this Ordinance.
2* The City Council shall consider the final plat officially filed after
the Secretary of the planning commission has examined it and advised
the Council that it is in proper form.
3* On the same date that it places the final plat on file, the City
Council shall refer two copies of the final plat to the Planning
Commission, one copy to the City Engineer, and a copy each to the
telephone and paver and other utility companies, The abstanant. at
sha���Y�f+�_�'qt3�-6'Q"-iass�.Li-iri�r`�A--F3i't@�'n rinv�o '�+�T,•.,..eri�3i�g
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' t he��!{{�� at exCe
49 If the final plat is approved by the City Council, the subdivider
shall record it with the County Register of Deeds or Registrar of.
Titles within 90 days after the date of approval; otherwise, the
approval of the final plat shall be considered void*
5* The subdivider shall, immediately upon recording, furnish the City
Clerk with a tracing and transparency prints of the final plat show-
ing evidence of the recording, one for the Building Inspector, the
assessor, the clerk and the transparancy for the City Engineer,.
SECTION 6
NECESSARY DATA FOR PRMMUNARY PLAT
The Preliminary Plat shall be clearly and legibly drawn. The size of the
map shall not be less than 12 inches by 1,8 inches. All subdivision maps shall
be drawn at a scale of 1 inch equals 100 feet, unless otherwise required by
the City Council*
The preliminary plat of the proposed subdivision shall contain or have attached
thereto the following information:
(A) IDENTIFICATION AND DESCRIPTION
1. Proposed name of subdivisionD which name shall not duplicate or be
alike in pronunciation of the name of any plat theretofore recorded
in the County,
rymC�,�
2. Legal description of property according to the records in tYu�-Bea43as
County Recorder of Deeds office.
3. Names and addresses of the owner, subdivider, surveyor and designer
of the plan.
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4. Graphic scale.
5. North -Point,
6. Date of preparation.
(B) EXISTING CONDITIONS
1, Boundary line of proposed subdivision, clearly indicated,
2, Existing toning classifications.
3. Total approximate acreage.
6 Location' widths and names of all existing or previously platted
streets or other public ways, showing type, width and condition of
improvements, if any, railraod and utility right-ct-way, parks and
other public open spaces, permanent buildings and structures,
easements, and section and corporate lines within the tract and to
a distance of one hundred feet beyond the tract.
5. Location and size of existing sewers, water mains, culverts or other
underground facilities within the tract and to a distance of one
hundred feet beyond the tract. Such data as grades, invert eleva-
tions, and locations of catch basins, manholes, and hydrants shall
also be shown.
6. Boundary lines of adjoining unsubdivided or subdivided land, within
one hundred feet,AdepAltying by now --- ad- p,
7. Topographic data, including contours at vertical intervals of not
more than two feet, except where the horizontal contour interval is
1001 or more, a one foot vertical, interval shall be shown, Water
courses, marshes, wooded areas, rock outcrops, power transmission
poles and lines, and other significant features shall also be shown,
(C) SUBDIVISION DESIMI FEATURES
1. Layout of proposed streets, showing right-of-way widths and proposed
names of streets, The name of any street, heretofore used in the
city or its environs shall not be used, unless the proposed street
is an extension of an already named street, in which event the name
shall be used.
2. Location and widths of proposed alleys, pedestrian ways and utility
easements.
30 Typical cross-sections of proposed improvements upon streets and
alleys, together with an indication as to the method of disposing
of the proposed storm water runoff.
40 Approximate center line gradients of proposed streets and alleys.
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facird .
cations wire en o propos
6. Layouts numbers and preliminary dimensions of lots and blocks.
B. Areass other than streets, alleyss pedestrian ways and utility
easements, intended to be dedicated or reserved for public uses
including the size of such area or areas in acres.
(D) OTHER INFORMATION
Sta,t4Nent y-fhe proposed use of lots stating tM of
so
U
2. Proposed protective covenants -V CG -%t,
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5. If any zoning changes are contemplated, the proposed zoning plan
for the areass, including dimensions,
SECTION 7
QUALIFICATIONS GOVERNING APPROVAL OF PRELIMINARY PLAT
(A)
The City Planning Commission when authorized to conduct the public
hearing may return a conditional report to the City Council, The City
Council may require such changes or revisions as it deems necessary for
the healthy safety, general welfare and convenience of the City,
(B)
The approval of a preliminary plan by the City Council is tentative
only, involving merely the general acceptability of the layout as
submitted,
(C)
Subsequent approval will be required'of the engineering proposals per-
taining to water supplys storm drainage, sewerage and sewage disposals
sidewalks, gas and electric service, grading, gradients and roadway
widths and the surfacing of streets and other public officials having
jurisdiction, prior to the approval of the final plat by the City,
(D)
No plan will be approved for a subdivision which covers an area subject
to periodic flooding or which contains extremely poor drainage facili.
ties and which would make adequate drainage of the streets and lots
impossible, unless the subdivider agrees to make improvements which will,
in the opinion of the City Engineer, make the area co Mletely safe for
occupancys and provide adequate street and lot drainage,
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SECTION 8
NECESSARY DATA FOR FINAL PLAT
(A) General. The final plat shall be prepared by a land surveyor Who is
reg ;tired in the State of Minnesota and shall conform to all state
and county requirements and the requirements of subsection B hereof
and Section 6 (A); (B) 1; (C) 19 2, 6, 7 and 8.
(B) Information to.be Shown
1. .Accurate angular and lineal dimensions for all lines, angles, and
curvatures used to describe boundaries, streets, allsysp easementsi
areas to be reserved for public use, and other important features*
Dimensions of lot lines shall be shown in feet and hundredths.
2. When lots are located on a curve or when side lot lines are at
angles other than 90 degrees' the width of the building setback
line shall be shown.
3. An identification system for all lots and blocksi
4, True angles and distances to the nearest established official
monuments (not less than three) which shall be accurately described
in the plat.
5. Municipal, township, county or section lines accurately tied to the
lines of the subdivision by distances and angles.
6. Radii; internal angles, points and curvatures, tangent bearings,
and lengths of all arcs.
7d Accurate location of all monumentsi,
8. Accurate outlines and legal description of any areas to be dedicated
or reserved for public use; or for the exclusive use of property
owners within the subdivision with the purposes indicated therein.
9. Certification by a registered surveyor in the form required by
Section 505:03 Minnesota Statutes,
10. Execution by all owners of any interest in the land and snit holders
of a mortgage thereon of the certificate required by Section 505:03
Aiinnesota Statutes, and which certificate shall include a dedication
of the,utility easements and any other public areas in such form as
shall be approved by the City Attorney,
11. Certifications showing that all taxes and special assessments
currently due on the property to be subdivided have been paid in full.
_9®
12o Form of approval of City Council as follows:
Approved by the City Council of the City of Hutchinson, Mi.nnesota.0
this day of , 19 0
13. Form for approval by County authorities as required.
SECTION 9
MINDWI SUBDIVISION DESIGN STANDARDS
v AA.) 'wJ CSZ�
(A) Conforms with the C rehensive Plan. UThe iZwG�propos subdivision shAll
conform to the Comprehensive Flano
(B) Street Plano The arrangement, character, extent, width, grade, d
location -all streets shall conform to the Comprehensive j to
these regulations, and shall be considered'in their relation to existing
and planned streets, to reasonable circulation of traffic, to topographi-
cal conditions, to ran -off of storm water.9 to public convenience and
safety, and in their appropriate relation to the proposed uses of the
land to be served by such streets.
10 Continuation of Existing Streets. The arrangement of streets in new
subdivisions shall make provision for the appropriate continuation of
the existing streets in adjoining areas,
2. Future Projection of�S Mets_o Where adjoining areas are not sub-
divided* but may be subdivided, the arrangement of streets in a new
subdivision shall make provision for the proper projection of streets
into adjoining areas by carrying the new streets to the boundaries of
the new subdivision at appropriate locations,
(C) Streets,
1. Widths, All right-of-way widths and pavement widths (face to face of
curb 7shall conform to the following minimum dimensions:
Classifications R 0
Major Thoroughfares and As shown on Major
Major Streets Street Plan
Collector Streets 70 feet
Minor Streets 60 feet
Marginal Access Streets 50 feet
Cul-de-sacs 60 ft. radius
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2, Deflections* When connecting street lines deflect from each other
at any one point by more than ten degrees# they shall be connected
by a curve with a radius of not less than 100 feet* 'g
3* Grades. All center line gradients shall be at least 9,, ercent and
s al not exceed the following:
Classification Gradient (in percent)
Major Thoroughfares# Major Streets# It
Collector Streets
Minor Streets# Marginal Access
Streets
4. Vertical Curves. Different connecting street gradients shall be
con�nec edith vertical curves, Minimum length, in feetp of these
curves shall be thirty (30) times the algebraic difference in the
percent of grade of the two adjacent slopes*
Street, Jogs, Jogs sh a can
r m when li •o min* lir"
in her cas s shall a d.
6. Minor Streetsq Minor streets shall be so aligned that their use by
throu�ie will be discouraged.
7. Cul-de-sacs, Maximam length cul-de-sac streets shall be 500 feet
measured along the center line from the intersection of origin to
end of right-of-way.
8. Har incl Access Streets., Where a subdivision abuts or contains an
existing or pne major thoroughfare or a railroad right-of-way'
the City Council may require a street approximately parallel to and
on each side of such right-of-way for adequate protection of rest-
dential properties and to afford separation of through and local
traffic. Such marginal access streets shall be located at a
distance from the major thoroughfare or railroad right-of-way
suitable for the appropriate use of the intervening land' as for
park purposes in residential districts# or for commercial or indus-
trial purposes in appropriate districts. Such distances shall also
be determined with due regard for the requirements of approach grades
and future grade separations.
9. Half Streets. Half streets shall be prohibited# except where
essentiaI to the reasonable development of the subdivision in con-
formity with the other requirements of these regulations; and except
where the City Council finds it will be practicable to require the
dedication of the other half when the adjoining property is sub-
divided. Wherever there is a half street adjacent to a tract to be
subdivided# the other half of the street shall be platted within
such tract,
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10, Reserve Strips. Reserve strips controlling access to streets shall
be prohibited except under conditions approved by the City Council.
11, Private Streets. Private streets shall not be approved nor shall
public improvements be approved for any private street.
12. Hardship to Owners of Adjoining Property Avoided, The street arrange -
men shall not be such as to cause hardship to owners of adjoining
property in platting their own land and providing convenient access
to it.
(D) Alleys.
1, Locational Re irements, Either a public or private alley shall be
provided i shock commercially zoned property abuts a major
thoroughfare or a major street. Alleys in residential areas other
than those zoned for multiple family use shall not be permitted,
2. Widths. AU alley rights-of-way and pavement widths shall conform
.o th following mi.nitmm standards,
Classification 86A tWeet Industrial or Commercial 24 feet Residential (two-way) 20 feet
Residential (one-way) 16 feet
.air
3. Grades. All center line gradients shall be at least percent and
s a not exceed 8 percent,
(9) Intersections.
1. Angle of Intersection. The angle formed by the intersecting of
streets shaU not
WSW -less than 60 degrees with 90 degree intersec-
tions preferred,
2, Size of Intersection, Intersections_ of more than four corners shall
be pro a
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,.
(G) Sideval�ks,
1. Location. Sidewalks shall be constructed along both sides of all
gr�of-way upon which buildable lots front and may be required
by the City Council upon recommendation of the Planning Commission
along one or both sides of other rights-of-way. The sidewalks
shall not be located less than one foot from the property line,
nor be adjacent to the curb.
crt4.e < 2. Widths, All sidewalk widths shall conform to the following minimum
standards: �-
Classification Width
Single family zone 4 feet
Multiple family zone and
public building sites 6 feet
Commercial zone 10 feet
Industrial zone 6 feet
3, Grades* Sidewalks shall slope 1A inch per foot away from the
� property line, and the profile grade shall not exceed 8 percent,
(H) Pedestrian Wates. In blocks over 900 feet long, pedestrian crosswalks
through t- heanblocks, and at least 10 feet wide, may be required by the
City Council in locations deemed necessary to public health, convenience
and necessity,
(I) Water Supply, Extensions of the public water supply system s
de- sem- so as to provide public water sqryJm,,to eachlot The design
said a ns ons shall be in -ic_eordance with the standards of the City,
(J) Sewage
ods _. c sen sevnThedesign
i:ofn be esigne to provide sewer se rvi o o
sai nsions s acco ante with the standary,
(K) DD inage, A complete an a equate drainage system for
shal�be designed, and shall include a storm sewer system or a system
of open ditches, culverts' pipes, and catch basins, or both systems,
Such system or systems shall be designed in conformity with all appli-
cable standards of the City and so as to meet with their approval,
(L) Easements.
1. Provided for Utilities. Easements at least 12 feet wide, centered
on rear and other lot lines, shall be provided for utilities where
necessary and shall be dedicated to the public by appropriate
language in the owner's certificate* They shall have continuity of
alignment from block to block, and at deflection points easements
for pole -line anchors shall be provided where necessary, Easements
shall be provided along property lines from utility easements on
rear lot lines to rights-of-way so as to provide for a street light
interval not to exceed 500 feet*
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i
2. Provided for Drainage, Easements shall be provided along each side
of thecc sr line of any water course or drainage channel whether
or not shown in the Comprehensive Plan, to a width sufficient to
provide proper maintenance and protection and to provide for storm
water runoff and installation and maintenance of storm sewers, and
they shall be dedicated to the City by appropriate language in the
ownerta certificate.
(M) Street Trees. Street trees shall be planted not less than 40 feet apart
.th a minimum of one per loth They should preferably be placed three
to six feet inside the property line rather than in the boulevard, The
minimum size and type to be planted shall conform to the provisions of
the applicable ordinances of the City.
(N) Street Names, Names of new streets shall not duplicate existing or
platted street names unless a new street is a continuation of or in
alignment with the existing or platted street, in which event it shall
bear the same name of the existing or platted street so in alignment,
(0) Blocks.
le Factors Governing Dimensions, Block length and width or acreage
within bounding streets shall be such as to accommodate the size of
residential lots required in the area by the zoning ordinance and to
provide for convenient access, circulation controls, and safety of
street traffic.
2. Length, Block lengths shall not exceed 1800 feet,
3. Arrang nt, A block shall be so designed as to provide two tiers
of Iotas, unless it adjoins a railroad or major thoroughfare where
it may have a single tier of lots,
(P) Lots.
19 Location, All lots shall abut by their full frontage on a publicly
de street street or a street that has received legal status as such.
2. Size. The lot dimensions in subdivisions designed for single. -family
o. ached dwelling use shall not be less than the minimum dimensions
required to secure the minimum lot area specified in the Zoning
Ordinance of the City of Hutchinson.
3. Butt Lots* Butt lots shall be platted at least five feet wider than
the average width of interior lots in the block.
4. Side Lot Lines. Side lines of lots shall be substantially at right
a es to the street line,
5. Water Courses. Lots abutting upon a water course, drainage ways
chanrelor stream shall have an additional depth or width., as
required# to assure house sites that are not subject to flooding.
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6, Natural Features. In the subdividing of any land, due regard sha,11
be shown for all natural features, such as tree growth, water courses,
historic spots or similar conditions, which if preserved will add
attractiveness and stability to the proposed development*
7. Lot Remnants, All remnants of lots below minimun sise left over
after Bubb ividing of a larger tract must be -added to adjacent lots,
rather than allowed to remain as unusable parcels.
SECTION 10
PUBLIC SITES VTD OPEN SPACES AA7
OU
Elhere a proposed park, playground, school site rpublic site as shown
on the Comprehensive plan is embraced in part or in whole by the boundary of
a proposed subdivision and such public sites are not dedicated to the City
or Board of Education such public ground shall be reserved and no action taken
towards approval of preliminarsj or final plat for a period not to exceed 90
days to allow the City Council or Board of Education the opportunity to
consider and take action towards acquisition of such public ground or park
b purchase or other causes,
SECTION 11
REQUIRED DJPR0MZNTS ON THE SITE
(A) I rovements Listed and Described, Prior to the approval of a final
plat by the City Council,, the subdivider shall have agreed, in the
manner set forth in Subsection C of this Sections to installs in con-
formity with construction plans approved by the City Engineer and in
conformity with all applicable standards and ordinances of the City,
the following improvements on the site*
1, Monuments, Monuments of a permanent character shall be placed in
*cations on the boundary of the subdivision and within it as
required.
2. Street and Alley Improvements.
a. Gradin , The full width of the right-ofway of each street
and a y dedicated in the plat shall be graded.
be Pavements, All streets and alleys shall have an adequate sub-
s and shall - ace*
l (1'� " Tp -e r V1A"
3. Curb and Gutter* 11Permanent curb and gutter shall be installed,
4, Sidewalks and Pedestrian Ways, Permanent sidewalks and pedestrian
ways sh be install d.
5. WaterStii�'l,Q. Watermains shal.1 be provided to serve the subdivision
by extension of the existing City system, Service connections stubbed
in to the property line and all necessary fire hydrants shall also be
provided.
-15.
6. Sewage Disposal. Sanitary sewer mains and service connections
stubbed totheproperty line shall be provided to serve all
the lots in the subdivision and shall be connected to the exist-
ing City sewer system, except that where connection to the City
sewer system is not available in a street adjacent to or within
the subdivision the sewer system within the subdivision the sewer
system within the subdivision shall be installed and capped for
future use. A variance to this requirement shall be granted if
the grades for such sewers to the existing sewer system cannot be
provided.
7. Drains * A system that will adequately take care of the water
runoff within the subdivision shall be provided. If the City
Councils upon the recommendation of the Planning Commissions deter-
mines that it is feasible for the subdivider to install storm sewers
connected to the existing storm sewer system of the City within or
adjacent to the subdivisions or an extension of the City system
which will be extended to the boundary of the subdivision within
eighteen months of the filing of the final plats the subdivider
shall install a storm sewer system to provide drainage. If a
storm sewer system is installed and connections to the City system
are not immediately available' the storm sewers shall be capped
and temporary provisions made for drainage by other means.
Z 8, Street Trees* Street trees shall be planted. They shall be
acc�eptec�—by the City, if planted in the boulevards only after one
summer 90 son as a live and healthy plant.
(B)Pa nt for Installation ofrovements, The required improvements
to be furnished and installed by the subdividers which are listed and
described in Subsection A of this Section Ils are to be furnished and
installed at the sole expense of the subdivider and at no expense to
the City; provided# howevers that in the case of an improvement the
cost of which would by general policy of the City Council be assessed
only in part to the improved property and the remaining cost paid out
of general'tax levys the City Council may mane provision for payment of
a portion of the cost by the subdivider and the remaining portion of the
cost by the City; and provideds furthers that if any improvement installed
within the subdivision will be of substantial benefit to lands beyond
the boundaries of the subdivisions the City Council may make provision
for causing a portion of the cost of the improvements representing the
benefit to such lands# to be assessed against the same and in such case
the subdivider will be required only to pay for such portion of the
whole cost of said improvement as will represent the bene fkt �o the
property wigiin the subdivision, .(1 'bCA�
(C) Requiretl Agreement Pr6viding for ProPer Installation of Improvements,
■ 1 1■�i1 q �■�
Prior to installation of any required improvements and prior to approval
of the final plats, the subdivider shall enter into a contract in writing
with the City requiring the subdivider to furnish and construct said
improvements at his sole cost and in accordance with plans and speci-
fications and usual contract conditions all approved by the City Council,
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which shall include provision for supervision of details of construction
by the City Engineer and grant to the City Engineer authority to corre-
late the work to be done under said contract by any subcontractors
authorized to proceed thereunder and with any other work being done or
contracted by the City in the vicinity. The agreement shall require
the subdivider to make an escrow deposit or in lieu thereof to furnish
the performance bond as specified in Subdivision D which follows$ the
amount of the deposit and the penal amount of the bond to be equal to
the City Engineerls estimate of the total cost of the improvements to
be furnished under the contract, including the cost of inspection by
the City. On request of the subdivider the contract may provide for
completion of part or all of the improvements covered thereby prior to
acceptance of the plat, and in such event the amount of the deposit or
bond shall be reduced in a sum equal to the estimated cost of the in-
provements so completed prior to acceptance of the plat, and the amount
of the deposit or bond shall equal the estimated cost of the improvements
to be furnished after the acceptance of the plat only. The time for
completion of the work and the several parts thereof shall be determined
by the City Council upon recommendation of the City Engineer after con-
sultation with the subdivider and shall be reasonable in relation to the
work to be done, the seasons of the year, and proper correlation with con-
struction activities in the subdivision.
(D) Financial Guarantee. The contract provided by Subdivision C above shall
raWM theeider to make an escrow deposit or in lieu thereat'
' furnish a performance bond as follows: ,, // ''
1. Escrow it. An escrow deposit shall be made with City
asurer in a sum equal to the total cost as estimated by the City
Engineer, including cost of inspection by the City,
t
Vif-UM *10
The City shall be entitled to reimburse itself out of said deposit
for any cost and expense incurred by the City for completion of the
work in case of default of the subdivider under said contract, and
for any damages sustained by the City on account of any breach
thereof. Upon completion of -the work and termination of any liabi-
lity to the City of the subdivider under said contract the balance
remaining in said deposit shall be refunded to the subdivider.
2. Performance Bond. In lieu of making the escrow deposit above des-
cribed, su wider may furnish the City with a public contractor's
performance bond in form prescribed by statute, with corporate surety'
in a penal sum equal to the total cost as estimated by the City
Engineer, including cost of inspection by the City, of all of the
improvements to be furnished and installed by the subdivider pursuant
to the contract and which have not been completed prior to approval
of the final. plat. The bond shall be approved by the City Attorney
and filed with the City Clerko
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r
(E) Construction Plans, Construction plans for the required improvements
co orm3ng in M -respects with the standards of the City Engineer and
the ordinances of the Citys, shall be prepared at the subdivider's
expense by a professional engineer who is registered in the State of
Minnesota, and said plans shall contain his seal, Such plans together
with the quantities of construction items shall be submitted to the
City Engineer for his approval, and for his estimate of the total cost
of the required improvements; upon approval they shall become a part of
the contract required in Subsection C of this Section. The tracings of
the plans approved by the City Engineer plus two prints shall be
furnished to the City to be filed by the City Engineer as a record in
the Engineering Department^
(F) Ins ction. All required improvements on the site that are to be in-
stalled under the provisions of this Ordinance shall be inspected during
the course of construction by the City Engineer at the subdivider's
expenses and acceptance shall be subject to the City Engineer's certifi-
cate of compliance with the contract.
(a) Ig�s Comgle_ted„Prio�_AMrorov_al of , Final Plat.
Improvements within a subdivision which have been completed prior to
application for approval of the final plat or execution of the contract
for installation of the required improvements shall be accepted as
equivalent improvements in compliance with the requirements of Subsection
A of this Section 11 only if the City Engineer shall certify that he is
satisfied that the existing improvements conform to applicable City
standards.
Section 2. This ordinance shall take effect fifteen days after its
mon.
Adopted by the City Council December ... 1957.
or
Attests
Approved as to form and legality:
City Attorney
6018-
SECTION 12
MODIFICATIONS. EXCEPTIONS AND VARIANCES
(A) Coe ISte Neighborhood. The City Council upon receiving a report from
the City Flaming Commission may grant a variance from these regulations
in case of a subdivision large enough to constitute a more or less self
contained neighborhood provided the Council receives adequate safeguards
to assure development according to a plan. Said plan shall not be in
conflict with the major street plan and shall in the opinion of the
Council provide adequate public open space and be a desirable community
development.
(B) Minor Subdivisions* In the case of a subdivision of small size and of
minor nc situated in a locality where conditions are well•
defined, the Planning Commission may exempt the subdivider from complying
with some of the requirements stipulated in Section b pertaining to the
preparation of the preliminary plat.
(C) The City Council may grant a variance upon receiving a report from the
Planning Commission in any particular case where the subdivider can show
that by reason of exceptional topography or other physical conditions
the strict compliance with these Regulations could cause an exaceptional
and undue hardship on the enjoyment of a substantial propert7 right
provided such relief may be granted without detriment to the public
welfare and without impairing the intent and purpose of these Regulations.
(D) Application Required, Application for any such variance shall be made
In writing y the subdivider at the time when the Preliminary Plat is
filed for consideration by the City Council,, stating fully 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 City 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.
Any variance or modification thus granted shall be recorded in resolution
from and entered in the minutes of the City Council setting forth the
reasons which justified the action.
SECTION 13
COPIES OF PUTS
Copies of all of such plats of subdivisions#. after the same have been submitted
and approved as provided in this ordinances shall be filed and kept by the Citi►
Clerk among the records of the City of Hutchinson.
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SECTION 14
CONVEYANCE BY METES AND BOUNDS
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 this
ordinance Which has not been approved as provided herein shall be made or
recorded if the parcel described in the conveyance is less than 2j acres in
area and 150 feet In widths unless such parcel was a separate parcel of
record at the time of the effective date of this ordinances or unless an
agreement to convey such smaller parcel had been entered into prior to such
times and the instrument showing the agreement to -convey was recorded -in -the
office of the Register of Deeds within one year thereafters as provided �by
Section 171.29 Minnesota Statutes.
SECTION 15
VALIDITY
If any sections subsections sentence, clause or phrase of this ordinance is
for any reason held to be invalids such decision shall not affect the validity
of the remainin9cportions of this ordinance.
SECTION 16
EFFECTIVE DATE
This ordinance shall be in full force and effect 3,5 days after publication in
the official city newspaper.
Adopted by the City Council of the City of Hutchinson this
Attest:
day of s 19
City EME
Approved as to Form and Legality:
City Attorney
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