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#074 09-15-59 Adopt Platting RegulationsResolution No. 74 September 15, 1959 Member Scherer introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING=PLATTING REGULATIONS" WHEREAS, pursuant to the provisions M.S.A. 471.26 to 471.33 and amendments thereof, Village Council of the Village of Golden Valley hereby prescribes, adopts and approves the following regulations and requirements governing the subdivision and platting of real property within the corporate limits of the Village. Said regulations and requirements shall be in force and effect and govern the platting of all real property in the Village, to wit: Section 30, Township 118, Range 21; Section 31, Township 118, Range 21; Section 6, Township 117, Range 21; Section 29, Township 118, Range 21; Section 32, Township 118, Range 21; Section 5, Township 117, Range 21; Section 28, Township 118, Range 21; Section 33, Township 118, Range 21; Section 4, Township 117, Range 21; Section 7, Township 29, Range 24; Section 18, Township 29, Range 24; Section 19, Township 29, Range 24; Section 30; Township 29, Range 24; the West Half of Section 17, Township 29, Range 24; and the West Half of Section 20, Township 29, Range 24. Said regulations and requirements shall take effect and be in force from and after their filing for record in the office of the Register of Deeds, Hennepin County, Minnesota, PLATTING REGULATIONS REGULATIONS GOVERNING THE SUBDIVISION AND PLATTING OF LAND, PROVIDING FOR THE INSTALLATION OR GUARANTEE OF INSTALLATION OF UTILITIES, STREET PAVING AND OTHER IMPROVEMENTS BY THE SUBDIVIDER: PROVIDING FOR THE DEDICATION OF LAND FOR PUBLIC USE: AND PROVIDING FOR PLAT APPROVAL FEES. 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 necessity be forced to adhere. Piecemeal planning of such subdivisions, without relation to the Golden Valley Guide Plan, will bring a disastrous 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 with adequate municipal services, and safe streets, all subdivisions hereafter platted within the incorporated limits of the Village of Golden Valley shall, in all respects, fully comply with the regulations set forth in these Regulations. In 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. �I 1 1 1 Resolution No. 74(Continued) SECTION 2. SCOPE September 15, 1959 Except in the case of re -subdivision, 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 or Registrar of Titles prior to the effective date of these Regulations, nor is it intended by these Regulations to repeal, abrogate, annul or in any way impair or interfere with existing provisions of any laws or ordinances except those specifically in conflict with these Regulations. SECTION 3, DEFINITIONS For purposes of these Regulations, 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 f uture,.words in the plural include the singular, and words in the singular include the plural. The 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, located between two corner lots. c. "Village*' is the Village of Golden Valley. d. "Village Council" is the Village Council of the Village of Golden Valley. e. 'Guide Plan" is a plan accepted by the Village Council to be used as a guide in determining the future land use in, and other general aspects of, the Village of Golden Valley, and includes any unit or part of such plan separately adopted and any amendment to such plan(s) or part(s) thereof. f. "Final Plat" is the final map, drawing or chart on which the owner s or subdivider*s plan of subdivision is presented to the Village Council for approval and which, if approved, will be filed for re- cord in the office of the Register of Deeds. g. "Lot" is a parcel or portion of land in a subdivision or plat of land, spearated from other parcels or portions by description. h. "Easement" is a grant.of an interest in land by an owner for the specific use of sand land by the public generally, or by a person or persons. 152 Resolution No. 74 (Continued) September 15, 1959 i. "Minimum Subdivision Design Standards" are the guides, principals and specifications for the preparation of sub- division plans indicating among other things, the minimum and maximum dimensions of the various elements set forth in the preliminary plan. j. "Owner" is any individual, firm, or other legal entity having sufficient proprietary interest in the land sought to be sub- divided to commence and maintain proceedings to subdivide the same under these Regulations. k. "Pedestrian way" is the right-of-way across land, for use by pedestrian traffic whether designated as a pedestrian way, crosswalk, or however otherwise designated. 1. "Person" is any individual, firm or other legal entity. m. "Planning Commission" is the Village of Golden Valley Planning Commission. n. "Preliminary Plat" is the preliminary map, drawing or chart in- dicating the proposed layout of a subdivision to be submitted through the office of the Village Administrator, to the Planning Commission and Village Council for consideration. o. "Restrictive Covenants" are contracts entered into between pri- vate parties constituting a restriction on the use of private property within a subdivision for the benefit of the property - owners, and providing mutual protection against undesirable aspects of development which would tend to impair values. p. "Setback"Line, Building" is a line within a lot designated on a preliminary plat between which, and the adjacent street, the erection of an enclosed structure, or portion thereof, is prohibited. q. "Streets and Alleys" 1. "Street" is a way for vehicular and/or pedestrian traffict. whether designated as a street, highway, thoroughfare, parkway, throughway, road, avene, lane, place, pass, or otherwise. 1-a "Collector Street" is a street which carried traffic from minor streets to thoroughfares. It includes the principal entrance streets of a residential development and streets for circula- tion within such a development. 1-b "Cul -de -Sac" is a minor street with only one outlet. 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. Resolution No. 74 (Continued) September 15, 1959 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 de- lineating the right-of-way of a street. 1-f '"Thoroughfare" is a heavy traffic street of considerable con- tinuity and used primarily as a traffic artery for intercomm- unication among or between large areas. 2. "Alley" is a minor way which is used primarily for vehicular service access to the back or the side of properties abutting on a street. r. "Subdivider" is an person, firm or other legal entity commencing pro- ceedings under these Regulations to effect a subdivision of land here- under for himself or for another. s, "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 new street is involved, any division of a parcel of land. The term includes re -subdivision and, when app- ropriate to the context, shall relate to the propess of subdividing or to the land subdivided. t. "Width of -Lot" is its own mean width measured at right angles to its own mean depth. U, "Reserve Strip" is a strip of land between a building site and a street separating the two and controlling access to one from the other. SECTION 4; PROCEDURE A. PRELIMINARY PLAT. 1. Before dividing any tract of land into two or more lots or parcels, an owner or subdivider shall, unless a variance is authorized under the terms of these Regulations, make app- lication to the office of the Village Administrator for preliminary plat approval by the Village Planning Commission not less than ten (10) days prior to the next regularly scheduled meeting of the Planning Commission. Said app- lication shall be accompanied by: a) Four (4) copies of the preliminary plat b) A cash fee of $25.00 plus $1.00 for each lot up to a max- imum amount of $150.00. This fee will be used in conn- ection with approval of disapproval of said preliminary plat and any final plat which may thereafter be submitted. 154 Resolution No. 74 (Continued) September 15, 1959 SECTION 4. (Continued) c) If the subdivider requests that any existing special assess- ments which have been levied against the property described be divided and allocated to the respective lots in the pro- posed plat, the Village Assessor shall estimate the clerical cost of preparing a revised assessment roll, filing the same with the County Auditor, and making such division and allo- cation, and upon approval by the Council of such estimated cost the same shall be paid to the Village Treasurer in addition to the fee mentioned in sub -paragraph (b) above. 2. The plat Committee of the Planning Commission shall report to the Planning Commission at the first meeting following receipt of the application referred to in Sec. 4-A-1. If the preliminary plat is not approved by the Planning Commission it may be remanded to the Plat committee for additional study. Upon approval of the prelim- inary plat by the Planning Commission the plat shall be referred to the Village Council for action at its next regularly scheduled meeting. B. FINAL PLAT 1. When the plat is submitted to the Village Council, as provided in Section 4-A-2 copies shall be furnished to be referred to each appropriate utility company involved and to the Village Engineer, and the Abstract of Title or Registered Property Abstract shall be referred to the Village Attorney. 2. Application for plat approval by the Village Council shall be deemed to be officially filed with the Village at the time of the first meeting of the Village Council when the plat is referred to the Village Council as outlined in Sec. 4-A-2 above. On the same date that the Village Council places the application for platting on file it shall provide for a public hearing to be held within thirty (30) days. Notice of such public hearing shall be pub- lished once in the official Village newspaper at least five (5) days prior to the hearing. Upon completion of the public hearing, the Village Council may refer the plat to the Planning Commission for additional study in which event a new filing date will be- come effective resulting from further Planning Commission acts under Sec. 4-A-2 above. The, Village Council shall act on the plat within 60 days of the date of its official filing, which shall be deemed to be the date of the regularly scheduled meeting of the Village Council referred to in Section 4-A-2 of these Regulations. If the plat is disapproved by the Village Council, the reasons for such action shall be recorded in the proceedings of the Council and reported to the applicant. If the plat is approved, such approval shall not constitue final acceptance of the subdivision. 3. If the plat is approved as provided in Section _4-B-2 the owner 1 1 1 Resolution No. 74 (Continued) September 15, 1959 or subdivider shall submit to the Village Council seven (7) copies of the final plat not later than three (3) months after the date of preliminary plat approval and not less than ten (10) days prior to the Council meeting when the final plat is to be considered. The owner or subdivider shall also submit at this time an up-to- date certified Abstract of Title or Registered Property Abstract or such other evidence as the Village Attorney may require, showing title or control by the applicant. The final plat shall conform to the preliminary plat and shall incorporate all of the changes in or modifications of the preliminary plat as were required by the Planning Commission and/or the Village Council. It may include only that portion of the preliminary plat which the owner or subdivider proposes to record and develop, provided that such portion conforms with all of the requirements of these Regulations. 4 If the final plat is approved by the Village Council, the owner or subdivider shall file it for record with the Register of Deeds or Register of Title within 30 days of the date of approval; otherwise the approval of the final plat will be null and void. 5. The subdivider shall immediately upon recording, furnish the Village Engineer with a tracing and three (3) prints of the final plat show- ing evidence of the recording. 6. Compliance with all .of the requirements of the Platting Regulations will constitute final acceptance of the subdivision by the Village Council. SECTION 5. NECESSARY DATA FOR PRELIMINARY PLAT The preliminary plat shall be clearly and legibly drawn. The size of the map shall not be less than 12 inches by 18 inches. All subdivision maps shall be drawn at a scale of 1 inch equals 100 feet, unless otherwise re- quired by the Village Council. The preliminary plat shall contain the following information: (A) IDENTIFICATION AND DESCRIPTION 1. Proposed name of the subdivision , which name shall not dup- licate or closely resemble in pronunciation or spelling the name of any plat theretofore recorded in Hennepin County. - 2. Location by section, township, range or by other legal description. 3. Names and addresses of the owner, subdivider, surveyor and designer of the Plat. 4. Graphic scale. Resolution No. 74 (Continued) September 15, 1959 5. North point.(The top of the map shall be approximately North) 6. Date of preparation. (B) EXISTING CONDITIONS 1. Boundary lines of proposed subdivision, clearly indicated. 2. Existing zoning classifications. 3. Total approximate acreage. 4. Location, widths and names of all existing or previously platted streets or other public way, showing type, width and condition of improvements, if any, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements, and sections and corporate lines within the tract and to a distance of one hundred (100) feet beyond the tract. 5. Location and size of existing sewers, water mains, culverts or other underground facilities including telephone and electric cable lines within the tract and to a distance of one hundred feet beyond the tract. Such data as grades , invert elevations, and locations of catch basins, manholes, and hydrants shall be shown. All elevations shall be referenced to mean sea level datum, 5th Gen. Adjustment of U.S. CM Survey of 1929. 6. Boundary lines of adjoining unsubdivided or subdivided land, with- in one hundred feet, identifying by name and ownership. 7. Current topographic data, including contours at vertical intervals of not more than two feet, except that, topography permitting, contour lines shall be no more than one hundred feet apart. Marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. The centerline of all water courses shall be accurately delineated. (C) SUBDIVISION DESIGN FEATURES 1. Layout of proposed streets, showing right-of-way widths and pro- posed names of streets. The name of any street heretofore used in the Village or its environs shall not be used, unless the pro- posed 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. Resolution No. 74 (Continued) September 15, 1959 3. Typical cross-sections of proposed improvements upon streets and alleys, together with an indication of the proposed surface water runoff. 4. Approximate center line gradients of proposed streets and alleys, if any, 5. Approximate center line gradients of proposed sewer lines and water mains. 6. Layout, numbers and typical dimensions of lots. 7. Minimum front and side -street building setback lines, indicating dimensions. 8. Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres. (D) OTHER INFORMATION 1. Statement of the proposed use of lots indicating type of residential buildings with number of proposed dwelling units; type of business or industry so as to reveal the effect of the development on traffic, fire hazards or congestion of population. 2. Proposed restrictive covenants. 3. Source of water supply. 4. Provisions for sewage disposal, drainage and flood control. 5. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions shall be shown. Such proposed zoning plan shall be for information only and shall not vest any rights in the applicant for uses other than Residential. SECTION 6. QUALIFICATIONS GOVERNING APPROVAL OF PRELIMINARY PLAT (A) The Village Council may require such changes or revisions as it deems necessary for the health, safety, general welfare and convenience of the Village. (B) The approval of a preliminary plat is tentative only, involving merely the general acceptability of the layout as submitted. (C) Prior to approval of the final plat by the Village Council, approved by the .Village Engineer and other public officials having jurisdiction will be required of the engineering proposals pertaining to water supply, storm drainage, sewerage and sewage disposal, roadway widths and the surfacing of streets. Resolution No. 74 (Continued) September 15, 1959 (D) No plat will be approved for a subdivision which covers an area subject to periodic flooding or which contains extremely poor drainage facilities and which would make adequate drainage of the streets and lots difficult or impassible, unless the sub- divider agrees to make improvements which will, in the opinion of the Village Engineer, make the area completely safe for occupancy, and provide adequate street and lot drainage. SECTION 7. MINIMUM SUBDIVISION DESIGN STANDARDS (A) Street Plan. The arrangement, character, extent, width, grade ` and location of all streets shall be considered in their relation to the Guide Plan and existing and planned streets, to reasonable circulation of traffic,,to topographical condition, to runoff of surface water, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. The arrangement of streets in new subdivisions shall make provision for the appropriate continuation of the ex- isting streets in ajoining areas. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper projection of streets. When a new subdivision adjoins unsubdivided land susceptible of being subdivided, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided. (B) STREETS 1. Widths. All right-of-way widths shall conform to the following minimum dimensions: Thoroughfares As shown on Guide Plan Collector 60 - 70 feet Minor 50 - 60 feet Cud -de -Sac 50 feet Marginal access 50 feet 2. Street 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 adequate to insure a sight distance of not less than 200 feet for minor and collector streets, and of such greater radii as the Village Council shall determine for special cases. 3. Reverse Curves. Tangents of a least 50 feet in length shall be `.introduced between reverse curves on collector streets. 4. Street Grades. All center line gradients shall be not less than 0.4 percent, and shall not exceed the following: Collector Streets 4 percent Minor Streets 8 percent t- e Y Resolution No. 74 (Continued) September 15, 1959 5. Vertical Curves. Different connecting street gradients shall be connected with vertical parabolic curves. Minimum sight distance of 200 feet must be provided. 6. Minor Streets. Minor streets shall be so aligned that their use by through traffic will be discouraged. 7. Street Jogs. Street jogs with center line offsets of less than 125 feet shall be avoided. 8,. Safe Intersections. It must be evidenced that all street°inter- sections and confluences encourage safe and efficient traffic flow. 9. Alleys. Alleys are not permitted in residential areas. 10. Cul -de -Sac. Maximum length Cul -de -Sac streets shall be 500 feet measured along the center line from the intersection of orgin to end of right-of-way. Each Cul-de--6ac shall be provided at the closed end with a turn -around having an outside roadway diameter of at least 80 feet, and a street property line diameter of at least 100 feet. 11. Marginal Access Streets. Where a subdivision abuts on or contains an existing or planned thoroughfare, the Village Council may re- quire marginal access streets or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. 12. Half Streets. Half Streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the Village Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Whereever there is a half street adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. 13. Reserve Strips. Reserve strips are prohibited except under con- ditions approved by the Village Council. 14. Railroad or Limited Access Highways Abutting Subdivision. Where a subdivision borders on or contains a railroad right-of-way or limi- ted access highway right-of-way, the Village Council may require a street approximately parallel to and on each side of such right- of-way at a distance suitable for the appropriate use of the in- tervening land. Such distances shall also be determined with due regard for the requirements of approach grades and futre grade separations. .6 PIC Resolution No. 74 (Continued) September 15, 1959 15. Private Streets. Private streets shall not be approved -nor shall public improvements be approved for any private street. 16. Hardship to Owners of Adjoining Property Avoided. The street arrangements shall not be such to cause hardship to owners of adjoining property in platting their own land and pro- viding convenient access to it. (C) Alleys and Pedestrian Ways 1. Alleys shall be at least 24 feet wide in commercial areas. The Village Council may require alleys in non-residential areas where adequate off-street loading space is not avail- able. 2. Pedestrian Ways shall be at least 10 feet wide. (D) Easements 1. Provided for Utilities. Easements at least 12 feet wide, cen- tered on rear and other lot lines shall be provided for utilities, where necessary and shall be dedicated to the Village by appro- priate language in the owner*s or subdivider*s certificates. They shall have continuity of alignment from block to block, and at deflection points easements for pole -line anchors shall be provided where necessary. 2. Provided for Drainage. Where a proposed subdivision is tra- versed by or is adjacent to a water course, drainage way, channel or stream, excepting only Bassett*s Creek, the Council may require that a surface or drainage right-of-way conforming substantially with the lines of such water course be provided, together with such further width or construction or both, as will be adequate for surface water runoff, as determined by the Village Engineer. 3. Provided for Bassett*s Creek. Where a proposed subdivision is traversed by,or is adjacent to, Bassett's Creek, the Council may require that easements be provided on- both sides at least 50 feet in width measured from the center line of said creek. Such easements shall be provided for floodways, drainage or other uses as the Village Council may deem to be required for the protection of public health, safety and general welfare. At or before the time a proposed subdivision involving Bassett*s Creek -Is considered by the Planning Commission, the Village Engineer shall determine whether the alignment of the_ natural,. creek bed is satisfactor and adequate and -shall so advise the Commission before it*s recommendations to the Village Council are made. Should the Village Engineer find that the alignment of the natural creek bed must be changed through or adjacent to the proposed subdivision, he shall so inform the owner or subdivider and the Commission of the new alignment and the owner or subdivider shall provide for said easement for Resolution No. 74 (Continued) September 15, 1959 Bassett's Creek to conform to the Village Engineer's findings. (E) Blocks 1. Factors Governing Dimensions. Block length and width or acreage within bounding roads shall be such as to accomodate the size of residential lots required in the area by the zoning ordinance and to provide for convenient access, circulation, control and safety of street traffic. 2. Non -Residential Blocks. Blocks intended for commercial, institutional and iiidustrial.use must be designated as such. 3. Lens. Block lengths shall not exceed 1200 feet. 4. Arrangement. A block shall be so designed as to provide two tiers of lots, unless it adjoints a railroad or limited access highway or other non-residential use(s), where it may have a single tier of lots. 5, Pedestrian Was. In blocks over 900 feet long, pedestrian ways may be required by the Village Council in locations deemed necessary to public health and convenience. (F) Lots 1. Location. All lots shall abut by their full frontage on a public street. 2. Size. The lot dimensions in subdivisions designed for single- family detached dwelling use shall not be less than the minimum dimensions required to secure the minimum lot specified in Section 3.04 of the zoning ordinance. 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 lot lines shall be substantially at right angles or radial to the street line. 5. Water Courses. Lots abutting upon a water course, drainage way, channel or stream shall have an additional depth or width, as required, to assure house sites that are not subject to flooding. 6. Features, In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, water course, historic spots or similar aspects, which if preserved will add attractiveness and stability to the proposed development. 7. Lot Remnants. All remnants of lots below minimum size lest over after subdividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels. 162 Resolution No. 74 (Continued) September 15, 1959 SECTION 8. PUBLIC SITES AND OPEN SPACES (A) Drainage` channels. Where a proposed drainage channel is located in whole or in part within a proposed subdivision, the subdivider shall dedicate adequate space for such purpose in such area within the subdivisions when the Village Council finds that the channel is reasonably necessary to the public health, safety, and welfare. (B) Parks and Playgrounds. Where a proposed park or playground is located in whole or in part.within a proposed subdivision, the area of such proposed park or playgound shall be des- ignated as such upon the subdivision plat and not subdivided into lots. The Village Council may require that an area or areas designated for parks or playgrounds be set aside and dedicated to the public for public use as a park.and play- ground as authorized by Section 471.30 Minnesota Statutes. SECTION 9. NECESSARY DATA FOR FINAL PLAT. (A) General. The final plat shall be prepared by a registered surveyor and shall conform to all Village, State and County requirements. All information, except topographic data and zoning classification required on the preliminary plat, shall be accurately shown. Additional Delineation 1. Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets, alleys, easements, 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 lot at the building setback.line shall be shown. 3. An identification system for all lots and blocks. 4. True apgles and distances to the nearest established street lines or official monuments (not less than three) which shall be accur- ately described in the plat. 5. Municipal, township, 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 lenghts of all arcs. 7. Accurate location of all monuments. Resolution No. 74 (Continued) September 15, 1959 8. Accurate outlines 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 any holders of a mortgate thereon of the certificate required by Section 505.03 Minnesota Statutes, and which certificate shall include a dedication of the utility easements and other public areas in such form as shall be approved by the Village Attorney. 11. Certifications showing that all taxes and special assessments currently due on the property to be subdivided have been paid in full. 12. Form of approval of Village Council as follows: SECTION 10. REQUIRED IMPROVEMENTS (A) Statement of Policy. 1. It is hereby declared to be the policy of the Village to require in new subdivisions, installation of Sanitary Sewer, Storm Sewer, Watermain, Steet Grading, and Street Surfacing. 2. The following improvements shall be installed at the sole expense of the developer: a) Adequate Surface Water Drainage. b) Street Grading of the full width of the right -of -sway. 3. In the case of the improvements set forth below, the developer shall install the same at his own expense or, in the alternative, shall submit a legally sufficient petition for the installation of the same. Such petition must be submitted prior to, or at the time of, the request for final plat approval. a) Sanitary Sewer. To serve the entire subdivision°including service connections, extended to the property line, for each lot. Approved by the Village Council of the Village of Golden Valley, � 1 Minnesota, } th' s °`'- day o rte• 1.9 Mayor Vinage Clerk 13. Form for approval by County authorities as required. SECTION 10. REQUIRED IMPROVEMENTS (A) Statement of Policy. 1. It is hereby declared to be the policy of the Village to require in new subdivisions, installation of Sanitary Sewer, Storm Sewer, Watermain, Steet Grading, and Street Surfacing. 2. The following improvements shall be installed at the sole expense of the developer: a) Adequate Surface Water Drainage. b) Street Grading of the full width of the right -of -sway. 3. In the case of the improvements set forth below, the developer shall install the same at his own expense or, in the alternative, shall submit a legally sufficient petition for the installation of the same. Such petition must be submitted prior to, or at the time of, the request for final plat approval. a) Sanitary Sewer. To serve the entire subdivision°including service connections, extended to the property line, for each lot. 164 Resolution No. 74 (Continued) September 15, 1959 b) Wate�rmai,,.n_ To be provided where the Village Council deems it to be reasonably available to serve the entire subdivi- sion including valves, fire hydrants and service connections (extended to the property line) to serve each lot. c) Street Surfacing. All streets shall be improved with sur- facing to overall width in accordance with the following minimum dimensions: Type of Street +r Thoroughfares Collector Minor and Cul -de -Sac Marginal Access Pavement width (between face and curbs) 48 feet (Minimum) 38 to 44 feet 30 feet 24 feet (B) NO FINAL PLAT SHALL BE APPROVED BY THE VILLAGE COUNCIL UNLESS THE OWNER OR SUBDIVIDER: 1. a) Shall have installed survey monuments at all block corners, angle points, points of curves in streets and at inter- mediate points as shown on the final plat; b) Shall.have installed cast iron monuments, as approved by the Hennepin County Surveyor, at each corner or angle on the outlside border; c) Shall have installed pipes or steel rods at the corners of each lot and at each intersection -of street centerlines; d) Shall have preserved in precise position, all United States, State, County or other official benchmarks, monuments or triangulations, stations in or adjacent to the property, all as required by:the Village Engineer; 2. a) Shall have furnished a cash deposit or corporate surety bond conditioned that the applicant will well and faithfully per- form all requirements by him undertaken with reference to the proposed plat and will install all required improvements. (C) PLANS AND SPECIFICATIONS 1. Plans and specifications for the construction of required im- provements shall be prepared by the Village Engineer or subject to his approval. All construction shall be in accordance with such ;flans and specifications and subject to the Village Engin- eer's inspection and approval. Required bond amounts shall be determined by the Village Engineer. J 1 I Resolution No. 74 (Continued) September 15, 1959 2. Upon completion of all improvements ordered to be made in the subdivision, the Village Council shall direct that .the assessable cost thereof, less any portion of the cost contributed or paid by the owner or subdivider, and after required hearing the Village Council will proceed as provided by law to levy said assessed costs. SECTION 11. BUILDING PERMIT No building permit shall be issued for the construction of any building, structure or improvement on any land required to be subdivided by these regulations until all requirements of these Regulations have been fully complied with. SECTION 12. VARIANCES (A) Generally. The Village Council may grant a variance from these Regulations following a finding that all of the following con- ditions exist: 1. These are special circumstances or conditions affecting said property so that the strict application of the provisions of these Regulations would deprive the applicant of the reason- able 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 of the public welfare or injurious to other property in the neigh- borhood in which said property is situated. 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 as herein provided the Council may pre- scribe such conditions as it deems desirable or necessary in the public interest. (B) Applications required. Application for any such variance shall be made in writing by the owner or subdivider at the time when the preliminary plat is submitted for the consideration of the Planning Commission, stating fully and clearly all facts or other additional data which may aid the Planning Commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provis- ions necessary to guarantee the full achievement of the plan. 166, Resolution No. 74 (Continued) September 15, 1959 SECTION 13. COPIES OF FINAL PLATS Copies of all plats of subdivisions, after the same have been submitted and approved as provided in these Regulations, shall be filed and kept by the Village Clerk among the records of the Village of Golden Valley. 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 mate after the effective date of these Regulations which has not been approved as provided herein shall be.made,or recorded if the parcel described in the conveyance is less than 2-1/2 acres in area and 150 feet in width, unless such parcel is a separate parcel of record at the time of the effective date of these Regulations, or unless an agreement to con- vey such smaller parcel has been entered into prior to such time, and the instrument showing the agreement to convey is recorded in the office of the Register of Deeds within one year thereafter, as provided by Section 471.29 Subdivision 2, Minnesota Statutes Annotated. "In any case in which compliance with the foregoing provision will involve an unnecessary hardship and failure to comply does not in- terfere with the purpose of these Regulations, the Village Council may waive such compliance by adoption of a resolution to that effect with the consent of the Planning Commission, and the conveyance may then be recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the foregoing provision shall forfeit and pay to the Village a penalty of not less than $100.00 for each lot or parcel so conveyed". SECTION 15. EFFECTIVE DATE These Regulations shall take effect and be in force from and after their approval by Resolution duly adopted by the Village Council. Attest: Vill ge, erk and Administrator l', 1 Resolution No. 74 (Continued) September 15, 1959 The motion for the adoption of the foregoing resolution was duly by Member Bies and, upon vote being taken thereon, the following favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, the Mayor, and his signature attested by the Clerk. 1 1 seconded voted in signed by