Appendix A. Dakota County Continuous Plat Ordinance

An ordinance relating to plats and surveys on real property con tiguous with any existing or proposed county road in Dakota County, requiring review of certain factors which are of county wide significance by the Dakota County Plat Commission and subject to final approval by the Dakota County Board of Commissioners, prior to the issuance of building permits by the municipalities in which the property is located, pursuant to Laws of Minnesota, 1973, Chapter 416.

The County Board of Dakota County, Minnesota, does ordain:

SECTION I. Definitions

A. For the purpose of this ordinance the following shall be defined as herein stated:

1. County Roads "County Roads" include those roads and highways which have been established, constructed or improved under the authority of the Dakota County Board of Commissioners and designated as county roads or highways, including county state aid highways.
2. Proposed County Roads "Proposed County Roads" include all those roads and highways which hereafter may be designated as county roads or highways or county state aid highways as established in the Dakota County Highway Plan adopted ___________________, 19 ____, by the Dakota County Board of Commissioners. This ordinance, however, shall not apply to proposed county roads until such time as the Dakota County Highway Plan is adopted.
3. Initial Filing "Initial Filing" refers to the first filing required by a municipality in the plat approval process, and may be either a sketch plan or a preliminary plat.

SECTION II. Factors of County Wide Significance

A. The review of a proposed plat by the Dakota County Plat Commission and final approval of that plat by the Dakota County Board of Commissioners is specifically limited to certain factors of county wide significance, listed below:

1. Ingress and egress to and from county roads.
2. Approach grade intersection with county roads.
3. Drainage.
4. Safety standards.
5. Right of way requirements of county roads.
6. Local road system integration with county road system.
7. Land use impact of development on county road system.

B. Any additions to the above factors of county wide signifi- cance may be made to this ordinance after approval by the Dakota County Board of Commissioners and a majority of the governing bodies of those municipalities having jurisdiction over plats of subdivisions under the Laws of Minnesota.

SECTION III. Initial Filing

A. Immediately upon submission of the initial filing required by the municipality having jurisdiction, the municipality shall forward a copy of the initial filing of any person., firm or corporation desiring to subdivide land contiguous with any existing or proposed county road by a subdivision plat or registered land survey plat to the Dakota County Plat Commission. In order to be most useful, the initial filing as forwarded to the Plat Commission shall contain the following information: tract boundaries, north point, streets with numbers and/or names on and adjacent to the tract, significant topographical and physical features, proposed general street layout, proposed general lot layout and proposed lot dimensions.

B. The copy of the initial filing as forwarded to the Plat Commission shall be reviewed and returned to the municipality having juris- diction within ten (10) working days following receipt by the County of said Copy. The Plat Commission, after reviewing the initial filing copy, shall attach written comments thereto, stating the extent to which the proposal meets county approval in those areas subject to review by the county, and any modifications necessary to secure approval. The municipality shall informally advise the subdivider as promptly as possible as to the county comments. Submission of the initial filing by the municipality shall not constitute formal filing of a plat with the Plat Commission.

C. If no written comments are received by the municipality from the county within the working ten (10) days descried above, the initial filing shall be considered to be acceptable by the county subject to final approval by the Dakota County Board of Commissioners.

SECTION IV. Preliminary Plat

A. Immediately upon submission of the preliminary plat to the municipality, the municipality shall forward a copy of the preliminary plat of any person, firm or corporation desiring to subdivide land contiguous with any existing or proposed county road by a subdivision plat or registered land survey plat to the Dakota County Plat Commission. In those munici- palities where the preliminary plat is also the initial filing, the plat referred to in this section shall be the preliminary plat as modified to comply with this ordinance.

B. The preliminary plat forwarded to the County Plat Commission under this section shall be clearly and legibly drawn. The size of the plat map shall not be less than twelve (12) inches bye eighteen (18) inches. All subdivision maps shall be drawn at a minimum scale of one (1) inch equals one hundred (100) feet unless otherwise required. The preliminary plat shall contain the information as provided in Addendum "A" attached hereto and made a part hereof.

C. The preliminary plat shall be reviewed by the Dakota County Plat Commission and returned to the municipality having jurisdiction within ten (10) working days following submission to the County, said ten (10) days to begin as described in Section III, B above. It shall contain Written comments stating the extent to which the preliminary plat meets County approval in those areas subject to review by the County and any modifications necessary to secure approval. The municipality shall formally advise the subdivider as promptly as possible as to the County comments.

D. If no written comments are received by the municipality within the ten (10) working days as described above, the preliminary plat shall be considered acceptable by the County subject to final approval by the Dakota County Board of Commissioners. The municipality shall promptly advise the subdivider of the approval.

SECTION V. Preliminary Plat

A. Subsequent to approval by the municipality, the final plat shall be forwarded to the Board of County Commissioners who shall approve or disapprove the final plat in accordance with the provisions of this ordinance.

SECTION VI. Building Permits

A. No person, firm or corporation shall obtain a building permit from a municipality for construction in conformance with any sub- division plat or registered land survey plat which is contiguous with any existing or proposed county road, until the plat has been approved as to those factors which are of county wide significance by the Dakota County Board of Commissioners.

SECTION VII. Enforcement

A. This ordinance shall be administered by the Dakota County Plat Commission.

B. In the event of a violation or a threatened violation of this ordinance, the Board of County Commissioners or any members thereof, in addition to other remedies, may institute appropriate actions or pro- ceedings to prevent, restrain, correct or abate such violations or threatened violations; and it shall be the duty of the County Attorney to carry out such action.

C. Any person, firm or corporation who shall violate or fail to comply with any of the provisions hereof or who shall make any false statements or representation in any document required to be submitted under this ordinance, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed Three Hundred Dollars ($300.00) or by imprisonment not to exceed ninety (90) days, or both.

SECTION VIII. Municipalities

The powers herein conferred upon the Dakota County Board of Commissioners by Laws of Minnesota, 1973, Chapter 416, shall be supplemental to and shall not set aside the jurisdiction over plats of subdivisions now exercised by the governing bodies of the municipalities. In the event that the governing body of a municipality and the Board of County Commis- sioners fail to concurrently approve and adopt a subdivision or a registered land survey plat because of disagreement as to those factors which are of county wide significance, representatives of each respective authority shall meet to resolve these differences. However, if within fifteen (15) days of the time of presentation of these differences to the representatives of each respective authority such representatives are unable to resolve these differences, the decision of the Board of County Commissioners shall be final as to those factors which are of county wide significance. The Board of County Commissioners may extent the time for concurrent approval with respect to individual subdivision plats and registered land survey plats.

SECTION IX. Provisions are Accumulative

The provisions in this ordinance are accumulative and are additional limitations upon all other laws and ordinances heretofore passed, or which may be passed hereafter, covering any subject matter in this ordinance.

SECTION X. Effective Date

This ordinance shall be in full force and effect from and after its passage and publication according to law. If any section, sub- section, sentence, clause or phrase is for any reason held to be invalid, such decision shall not offset the validity of the remaining portions of the ordinance.

ADDENDUM "A"

The proposed plat shall contain the following information:

IDENTIFICATION AND DESCRIPTION

1. Proposed name of subdivision, which name shall not dupli- cate or be alike in pronunciation of the name of any plat theretofore recorded in the county.
2. Location by legal description and section, town and range.
3. Names and addresses of the owner, subdivider, surveyor and designer of the plat.
4. Graphic scale.
5. North point.
6. Date of preparation.

EXISTING CONDITIONS

1. Boundary line 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 ways showing type, width and type of improvements, if any, utility right-0f-way, parks and other public open spaces, permanent building and structures, easements, and section and corporate lines within the tract and to a distance of one hundred (100) feet beyond the tract.
5. Boundary lines of adjoining unsubdivided or subdivided land, within one hundred (100) feet, identifying by name and ownership.
6. Topographic data, including contours at vertical intervals, of not more than two (2) feet. All elevation, topography and vertical control data shall be expressed in terms of U.S.C. and G.S. datum, if practical.
7. Water courses, marshes, seeded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown.

SUBDIVISION DESIGN FEATURES

1. Layout of proposed streets, showing right-of-way width and proposed names of streets.
2. Location and widths of proposed alleys, pedestrian ways, and utility easements, including sanitary sewer and water.
3. Layout, numbers and typical dimensions of lots.
4. Minimum front and side street building setback lines, indicated by dimensions.
5. 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 and areas in acres.
6. Tree cover.
7. Wetlands.

OTHER INFORMATION

1. Statement of the proposed use of lots stating 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 protective covenants.
3. If any zoning changes are contemplated, the proposed zoning plan for the areas including dimensions.
4. Storm water drainage plan.
5. Elevations with gradients on all roads affecting the plat.
6. Typical cross section of proposed roads and a seven (7) ton load design layout.
7. Distance between access drives and public streets.
8. Limited access minimum (see road classifications).
9. Width of access drives.
10. Sight distances (horizontal and vertical)
11. Service roads.
12. Expected daily volume using access drives on all but single family detached residential projects.
13. Internal traffic flow using access drives on all but single family detached residential projects.
14. Size and length of trucks using access drives on all but single family detached residential projects.

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