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Pub of Ordinances 29-36 in Mtka Record1] • x Lr.GAL NOTICE ORDINANCE NO. 36 AN ORDINANCE RELATING TO THE REGULATION AND KEEPING OF HORSES, COLTS, AND PONIES WITHIN THE VILLAGE OF SHOREWOOD The Village Council of the Vil- lage of Shorewood does ordain: Section 1. No person, firm or corporation shall keep, stable, board, or har- bour horses, colts, or ponies with- in the limits of the Village of Shorewood, upon land other than that classified and taxed as agri- cultural by the Village Assessor, without first obtaining a permit from the Village Clerk to so keep, board, stable, or harbour said aru- nzals. Such person, firm or cor- poration shall pay therefore to the Village Clerk the sum of $4.00 for said permit. Section 2. Application for the permit shall be made in writing by the owner of the animal or animals upon blanks or forms furnished by and obtainable from the Village Clerk. Each application for a permit shall have thereon the correct legal des - cription of the property on which the animal or animals will be kept and the name of the owner of the land; the area of land available for pasture; the total number of horses to be kept or stabled on said land; the number of horses to be kept by the applicant; the description of shelter provided for the animal or animals. Section & No permit shall be issued by the Village Clerk until the Village In- spector, to be appointed by the council, has inspected the prem- ises upon which the animal or ani- mals are to be kept. The follow- ing standards are to be met and provided by the applicant before a permit shall be issued: 1. t A � pasture of at leash one -half ( acre. 2. A sturdy wood, metal or elec- trical fence for the pasture which will keep the animal or animals confined. 3. Shelter which will keep the animal or animals comfortable and protected from the elements and the shelter shall be so locat- ed sous not to create a nuisance. 4. Clean and sanitary premises which will not be 'a harbour for rodents, flies and insects. Section 4. Upon receipt of an inspection report from the Animal Inspector, disclosing that the applicant has complied with the standards pro- vided by Section 3, above, the Vil- lage Clerk shall issue a permit for the keeping of said horses, colts, or ponies; which permit shall ex- pire on the ensuing 15th day of April, unless sooner revoked as hereinafter provided, except that any applicant requesting a per - mit to keep, store, stable or board more than three (3) horses, colts or ponies upon one parcel of land shall not be issued by the clerk until the Village Council has de- termined that the keeping, shor- ing, stabling or boarding of said number of animals shall nut be a public nuisance. Section 5. Permits issued pursuant to. this Ordinance may be revoked by the Village Council if the Cot ncil finds, after investigation by the Inspector and after holding a hear- ing thereon (notice of said hear- ing to be given to the holder of the permit) that: 1. The premises upon which the animal is kept is unsightly and a harbour for rodents, flies, and insects; or 2. The winter accumulation of manure is not removed from the premises prior to April 15th of each year; or 3. Accumulations of manure are not removed at such periods as will insure that no objectional aroma exists and that the re- quirements of subdivision one above are complied with; or 4. The applicant has flailed to make a reasonable effort to keep the animal or animals under con- trol and fenced within its pas- ture; or 5. The applicant has not met the standards set forth in Section 3. of this ordinance; or 6. The animal has been treated cruelly 'and inhumanly. Section 6. Any person violating the pro- visions of this ordinance shall be guilty of a misdemeanor and shall, upon conviction there, be punished by a fine of not to exceed $100.00 or by imprisonment of not to ex- ceed ninety (90) days. Section 7. This ordinance shall take effect and be enforced ninety (90) days after its passage and pu'b'lication according to law. Passed by the Council this 11th day of December, 1961. LE'STER R. BADGER, Mayor Attest: ELSA I. WILTSEY, Clerk (Published in the Minnetonka Record December 21, 1961) 0 * LEGAL NOTICE ORDINANCE NO. 35 AN ORDINANCE ABOLISHING THE OFFICE OF' VILLAGE CONSTABLE AND FOR PERFORMANCE OF THE DUTIES OF CONSTABLE BY VILLAGE POLICE OFFICERS WHEREAS, Minnesota Statute 412.02 Sub. 4, authorizes the Coun- cil to abolish the office of Con- stable by ordinance subject to the right of the voters to petition for referendum on the ordinance with- in a period of 30 days of publica- tion of the ordinance, land WHEREAS, the Village regu- larly employs one Police Officer, and WHEREAS, the Council deems it to be in the best interest of the Village of Shorewood to abolish the office of Constable, the Vil- lage Council of the Village of Shorewood ordains: SECTION I. The office of Constable in the Village of Shorewood in Hennepin County, Minnesota., is hereby abolished at the end of the terms of the encumbants or when earlier va- cancies occur. SECTION II. The Council shall by Resolution designate one or more Village Police Of- ficers as a process officer wh shall have all the powers and duties of the Constable. Each process officer slhall pay into the Village Treasury all fees received by him for performing the duties of Constable. SECTION III. Subject to the referendum provisions of Min- nesota Statute 412.04 Sub. 4, this ordinance shall take effect and be in force from and after its passage and publication. Passed: 13th day of November, 1961. s/s LESTER R. BADGER Mayor of Village of Shorewood ATTEST: s/s E'LSA I. WILTSEY Clerk of Village of Shorewood (Published in the Minnetonka Record November 23, 1961) 0 • * LEGAL NOTICE ORDINANCE NO. 34 AN ORDINANCE AMENDING ORDINANCE NO. 19 BEING AN ORDINANCE RELATING TO THE REGULATION AND REEVING OF DOGS WITHIN THE VILLAGE OF SHOREWOOD THE VILLAGE COUNCIL OF THE VILLAGE OF SHORE - WOOD DO ORDAIN: SECTION 1. That Section 10 or Ordinance No. 19 be and hereby is re- numbered to Section 22. SECTION 2. That the following Sections be added and become part of Ordinance No. 19 and read as follows: Section 10. That every owner or keeper of a canine animal within the limits of the Villlage of Shorewood shall cause the same to be registered, numbered described and licensed in the office of the Village Clerk of said Village. Such licensing . shall be for the whole or unex- pired portion of the year ending on the ensuing thirtieth day of September. Provided further, that no license shall be issued for a canine animal unless the owner or keeper thereof shall show written evidence thrt the said canine animal has been innocu- lated for the prevention of ra- bies. Such owner or keeper shall pay therefore to the Village Clerk such sums for an animal license fee as the Village Coun- cil may by resolution adopt. Providing, however, that the Vil- lage Council may provide for higher license fees for female canine animals than for male or spayed female. Section 11. The Village Clerk of said Village shall provide and furnish for each licensed canine animal a metallic tag upon which he shall have stamp- ed or engraved the registration number of the animal and the year when registered. The de- sign of such metallic tag to be changed each year. Any person who shall make, seal, purchase, possess or shall place or allow to be placed on their canine animal any metal - lie tag or of the same form or shape or intended to be like the official tag or shall attempt in any way to counterfeit the design adopted for such official tag shall be guilty of a misde- meanor. In case the said metallic tag is lost or stolen after hav- ing been regularly issued as herein provided, the owner or keeper of such animal upon pre- senting and surrendering to the Village Clerk the license or re- ceipt issued when the animal was registered, numbered, des- cribed and licensed, as herein provided, shall receive a dupli- cate tag and duplicate license upon the payment of $.50 eo the Village Clerk, which said duplicate license shall be reg- istered, described and issued in the same manner as the original license. The Village Clerk may, before issuing such duplicate tag and license, require an af- fidavit to be made and furnish- ed by such applicant for a dup- licate license and tag, setting forth the fact that such a tag has been lost or stolen and not at that time in their possession. Section 12. Every keeper or owner of a canine animal with- in the said Village s,iall place and keep around the neck of such animal owned by him a collar to which shall be securely fixed the metal tag as above mentioned. Section 13. No person shall keep or suffer to be kept on his premises or on premises oc- cupied by him within said Vil- lage nor permit, nor suffer to run at large in said Village or on any street thereof any canine animal of a ferocious or vicious character. Upon conviction for the violation of this section of this ordinance the Court shall in addition to impositi )n of sen- tence direct the animal super- visor to take the animal in question in custody and forth- with dispose of the same. Section 14. No owner or keep- er of a female canine animal shall permit or suffer the same to run at large or be in any street, alley or public place in said Village while the same is in heat. Section 15. Village Council of the Village of Shorewood shall either appoint an animal super- visor or shall enter into a con- tract with a person, firm or cor- poration whose duties shall be to enforce this ordinance. In the event the Village Council deems it advisable to enter into a contract with a person, firm or corporation to enforce. the provisions of this ordinance, said contract shall provide as the Village Council sees fit, certain fees for the keeping and dis- posal of animals herein govern- ed. Section 16. The Village shall provide an adequate point or facilities where all canine al- mals taken into custody by an animal supervisor shall be kept and properly fed until disposed of according to the provision of this ordinance. Section 17. Within 24 hours after taking a canine animal In- to custody, the animal supervis- or shall, if the animal has on it an official tag, leave at the address shown on the certificate of registration a notice that the animal is in his custody and will not be disposed of if redeemed within a stated time, which time shall not be less than three full days after such animal was tak- en into custody. Section 18. Every owner or person having the custody of a canine animal may redeem the same from the animal super- visor by paying for board and associated costs, for each day or fraction thereof as such ani- mal is held in custody by the animal supervisor and obtaining a license for said animal in ac- cordance with this ordinance if the license has not hereinbefore been issued for said animal. Section 19. Upon expiration of the time hereinbefore provid- ed, a canine animal in the cus- tody of the animal supervisor shall be disposed of by shooting or gassing the same. The animal supervisor shall keep an accu- rate account of all animals re- ceived at the pound and all ani- mals killed and released there- from. Section 20. Nothing in this ordinance shall prevent the ani- mal supervisor from disposing of a canine animal in less than three (3) days waiting period as aforesaid where such animal is injured and in the opinion of such supervisor the only humane act would be one of disposal. Section 21. Any person violat- ing the provisions of this or- dinance shall be guilty of a mis- demeanor and shall upon con- viction thereof, be punished by a fine of not to exceed $100.00 or by imprisonment of not to exceed ninety days. SECTION 3. This ordinance shall take effect and be enforced sixty (60) days after its passage and publication according to law. Passed the council this 10th day of July, 1961. LESTER R. BADGER, Mayor ATTEST: ELSA I. WILTSEY, Clerk (Published in the Minnetonka Record on July 20, 1881) • * LEGAL NOTICE ORDINANCE NO. 33 AN ORDINANCE TO ESTABLISH AND REGULATE THE OPERATION OF A MUNICIPAL LIQUOR DISPENSARY The Council of the Village of Shorewood do ordain as follows: Section 1. Definition of Terms. As used in this ordinance, the terms: (a) "Intoxicating liquor" means distilled, vinous and fermented beverages containing more than 3.2 per cent of alcohol by weight. (b) "Beer" means any malt bev- erage with an alcoholic content of more than one -half of one per cent by volume and not more than 3.2 per cent by weight. (c) "Off - sale" means retain sale in the original package for con- sumption away from the dispen- sary. (d) "Sell" includes all barters, gifts and other means of furnish- ing intoxicating liquor or beer in violation or evasion of this ordi- nance. (e) "Minor" means any person under 21 years of age. Section 2. Dispensary Established. There is hereby established a mu- nicipal liquor dispensary for the off -sale of intoxicating liquor. No liquor may be sold at retail else- where in the Village or by anyone not employed in the dispensary. Section 3. Location and Operation. (a) The dispensary shall be lo- cated at such suitable place in the Village as the Council determines by motion. (b) The dispensary shall be in the immediate charge cf a liquor store manager selected by the council and paid such compensa- tion as is fixed by the Council. He shall furnish a surety bond to the municipality, conditioned upon the faithful discharge of his du- ties, in such sum as the council specified. The bond premiums may by paid by the Village or by the manager at the discretion of the council. The manager shall oper- ate the dispensary under the coun- cil's direction and shall perform such duties in connection with the dispensary as may be imposed up- on him by the council. He shall be responsible to the council for the conduct of the dispensary in full compliance with this ordinance and with the laws relating to the sale of liquor or beer. (c) The council shall also ap- point such additional employees as may be required for the dispen- sary and shall fix their compensa- tion. All employees, including the manager, shall hold their positions at the pleasure of the council. No minor shall be employed in the dispensary. In the discretion of the council such employees may be required to furnish surety bonds conditioned for the faithful discharge of their duties, in such sums as the council may specify. Section 4. Dispensary Fund Creat- ed. (a) A municipal liquor dispen- sary fund is hereby created in which all revenues received from the operation of the dispensary shall be deposited and from which all ordinary operating expenses shall be paid. Any amounts it may be necessary to borrow from the general fund of the Village of Shorewood for initial costs of rent, fixtures and stock or for operat- ing expenses shall be reimbursed to that fund out of the first avail- able monies coming into the dis- pensary fund thereafter subject however to the rights of the pur- chaser of the municipal dispensary revenue bond issued by this vil- lage. Surpluses accumulating in the dispensary fund may be trans- ferred to the general fund or to any other appropriate fund of the Village by resolution of the coun- cil and expended for any municipal purposes, subject however to the terms of that certain Resolution of the Council of the Village of Shorewood adopted June 12, 1961, entitled A Resolution Authorizing and Directing the Issuance and Sale of Municipal Building Reve- nue Bonds and Prescribing the Terms and Provisions for Pay- ment. (b) The handling of municipal liquor dispensary receipts and dis- bursements shall comply with the proced -:re prescribed by law for the receipts and disbursement of Village funds generally. (c) The council shall provide as soon as possible following the close of each fiscal year for an audit of the accounts of the mu- nicipal liquor dispensary for that fiscal year by the Public Examin- er or a qualified public accountant. Section 5. Provision of State Law Adopted. The provisions of Min- nesota Statutes Chapter 340 with reference to conditions of opera- tion, restrictions on consumption, provisions relating to sales, hours of sale, and all other matters per- taining to the retail sale, distri- bution, and consumption of intoxi- eating liquor in or by an off -sale municipal liquor dispensary are hereby adopted and made a part of this ordinance as if fully set forth herein. Section 6. Repeal. No provisions hereof shall affect the ordinance licensing and regulating the sale of non- intoxicating malt liquors adopted pursuant to laws of 1933, Chapter 116 and amendatory acts nor any license granted there- under. Section 7. Enforcement and Pen- alty. It shall be the duty of all police officers and constables of the Village to enforce the provi- sions of this ordinance and to search premises and seize evidence of law violation and preserve the same as evidence against any per- son alleged to be violating this ordinance, and to prepare the ne- cessary processes and papers therefor. -Any person violating any pro - vision of this ordinance shall be guilty of a misdemeanor, and up- on conviction thereof shall be punished by a fine of not more than one hundred dollars ($100.00) or shall be imprisoned in the coun- ty jail for not to exceed ninety (90) days, plus the costs of prose- cution in either case. Provided, also, that any employee of the dispensary wilfully violating any provision hereof or any provision of the laws of Minnesota relating to gambling or the sale of intoxi- cating liquor or beer shall be dis- charged. Section 8. Effect. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Council this 10th day of July, 1961. LESTE'R R. BADGER, Mayor ATTEST: ELSA I. WILTSEY, Clerk (Published in the Minnetonka Record on July 20, 1961) it ---------------- * LEGAL NOTICE ORDINANCE NO. 32 AN ORDINANCE TO AMEND ORDINANCE NO. 2, LIiCENSING AND RE'GULAT'ING THE SALE AND CONSUMPTION OF NON - INTOXICATING LIQUORS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF The Village Council of the Vil- lage of Shorewood, ordains: SEICTION 1. That Subsection (7) of Section 7, Conditions of License, of Ordinance No. 2 of the Village of Shorewood be and hereby is repealed. SECTION 2. That Subsection (5) of Section 9, Restrictions on Purchase and Consumption, of Or- dinance No. 2 of the Village of Shorewood be and hereby is re- pealed. SECTION 3. This rdinance shall take effect from and after its pas- sage and publication. Adopted this 1fth day of July, 1961. LESTER R. BADGER, Mayor ATTEST: ELSA I. WILTSEY, Clerk (Published in the Minnetonka is Record on July 20, 19611) * LEGAL NOTICE ORDINANCE NO. 30 1 ( AN ORDINANCE TO AMEND ORDINANCE NO. 8 FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER, CONVENIENCE AND GENERAL WELFARE, BY REGULATING THE USE OF LAND, THE LOCATION AND USE OF BUILDINGS AND STRUCTURES ON LOTS IN THE VILLAGE OF SHOREWOOD, MINNESOTA The Village Council of the Vil- lage of Shorewood ordains: SECTION 1. That Section 2. (b) (2') of said Ordinance No. 8 be and hereby is amended to read as follows: In Section 33: Lots 5, 23, 24, 25 and the Easterly 200 feet of Lot 26 and the Westerly 660 feet of the Northerly 264 feet of Lot 27, all in Auditor's Subdivision Number 133, Hen- nepin County, Minnesota, Lot 1, Eureka. SECTION 2. That this Ordi- nance shall take effect from and after its passage and publication. Passed by the Council this 14th day of May, 1961. LESTER R. BADGER, Mayor ATTEST: EL'SA I. WILTSEY, Clerk (Published in the Minnetonka Record on July 6, 1961) 41 • • • Village of Shorewood Subdivision Ordinance ORDINANCE NO. 30 AN ORDINANCE FOR THE PURPOSE OF PROMOTING ORDERLY AND SYSTEMATIC PLANNING OF SUBDIVISIONS IN THE VILLAGE:• OF SHOREWOOD, MINNESOTA The Village Council of the Vil- lage of Shorewood do ordain: SECTION I GENERAL PROVISIONS A. Short Title This ordinance shall be known as the "Village of Shorewood Sub- division Ordinance ". B. Purpose Each new subdivision becomes a permanent unit in the basic phy- sical structure of the future com- munity, a unit to which the fu- ture community will of necessity be forced to adhere. Piecemeal planning of such subdivisions, without correlation to the com- munity's plans and planning stan- dards, will bring a disastrous, dis- connected patchwork of plats and poor circulation of traffic. In or- der that new subdivisions will con- tribute toward an attractive, or- derly, stable and wholesome com- mimity environment, adequate mu- nicipal services, and safe streets, all subdivisions hereafter platted within the Village shall fully com- ply with the regulations herein- after set forth in this ordinance. C. Interpretation In their interpretation and ap- plication the provisions of this ordinance shall be the minimum re- quirements adopted for the pro- tection of the public health, safety and general welfare. D. Scope Except in the case of resubdi- vision, this ordinance shall not ap- ply to any lot or lots forming a part of a subdivision recorded in the office of the Register of Deeds, or Registrar of Titles prior to the effective date of this ordinance. Nor is it intended by this ordi- nance to repeal, abrogate, annul or in any way impair or interfere with existing provision of other laws or ordinances except those specifically repealed by, or in con- flict with, this ordinance, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the Village is a party. Where this ordinance imposes a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this ordinance shall control. SECTION II. DEFINITIONS For the purposes of this Or- dinance, certain words and terms used herein are defined as fol- lows and shall have these mean- ings unless it shall be apparent from the context that different meanings are intended: VILLAGE PLAN This includes all plans of the Village Council or Planning Commission for land use, transportation facili- ties, and community facilities. SUBDIVIDER Any person com- mencing proceedings under this Ordinance to effect a sub- division of land hereunder for himself or for another. SUBDIVISION The division of a parcel of land into two or more lots or parcels, for the purpose of transfer of own- ership or building develop- ment. The term includes re- subdivision and, when appro- priate to the context, shall re- late to the process of subdi- viding or to the land subdivid- ed. PRELIMINARY PLAT The pre- liminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning -Commission and Council for their consideration. FINAL PLAT The final map, drawing or chart on which the subdivider's plan of sub- division is presented to the Village Council for approval and which, if approved, will be submitted to the County Register of Deeds or Regis- trar of Titles. BLOCK A parcel of land contain- ing one or more lots and bounded on one or more sides by a street. LOT A parcel of land in a sub - division or plat of land, sepa- rated from other parcels or portions by descriptions as on a subdivision or by metes and bounds, for the purpose of sales or lease or separate use thereof. STREET A way for vehicular traffic, whether designated as a street, highway, thorough- fare, parkway, throughway, road, avenue, lane, place or however otherwise designated. STREET WIDTH The shortest distance between the lines de- lineating the right -of -way of a street. THOROUGHFARE A fast or heavy traffic street of con- siderable continuity and used primarily as a traffic artery for intercommunication among large areas. COLLECTOR STREET A street that carries traffic from minor streets to thoroughfares. It includes the principal entrance streets of a residential de- velopment and p r i n c i p al streets for circulation within such development. MINOR STREET A street of lim- ited continuity used primarily for access to the abutting properties and the local needs of a neighborhood. MARGINAL ACCESS STREET A service drive or minor street that is parallel and adjacent to a thoroughfare and which provides access to abutting properties and protection from through traffic. CUL- DE-SAC A minor street with only one outlet. EASEMENT A grant by an own - er of land for the specific use of said land by the public generally, or to a person or persons. ENGINEER The person or per- sons, individual or corporate, designated from time to time by the Village Council as the Village Engineer. PERSON Any individual, firm, association, syndicate or part- nership, corporation, trust, or any other legal entity. OWNER Any individual, firm, association, syndicate, co -part- nership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be sub- divided to commence and main- tain proceeding to subdivide the same under this Ordinance. FRONT SET BACK AREA. The area between the street right of way line and a line located 35 feet back from said right of way line. SECTION III. PRELIMINARY PLAT A. Procedure 1. The subdivider shall submit • • 0 to the Village Clerk. a) Four copies of the prelimi- nary plat. b) A cash fee of $15 plus one dollar for each lot. This fee will be used for the expens- es of the Village in connec- tion with approval or dis- approval of said preliminary plat. 2. The Village Clerk shall then: a) Set a public hearing before the Planning Commission on the preliminary plat, which shall be held at the next regular meeting of the Plan- ning Commission, but not earlier than 10 days after submission, of the prelimi- nary plat. Notice of said hearing shall be published in the official Village news- paper at least five days prior to the hearing. The newspaper notice shall in- clude an easily understood description of the area to be subdivided. The cost of the notice shall be paid by the subdivider in addition to the cash fee for other expenses. b) Refer one copy of the pre- liminary plat to the Plan- ning Commission and one copy to the Village En- gineer. 3. The Village Engineer shall submit his report to the Planning Commission on or before the hear- ing on the preliminary plat. This report shall be on the feasibility of street location and construction and on any drainage problems that might be encountered. 4. The Planning Commission shall conduct the hearing on the preliminary plat and shall make its report within five days after such hearing. The primary func- tion of the Planning Commission in reviewing a preliminary plat is to determine whether such plat conforms to the design standards set forth in the ordinance. The Planning Commission may approve a preliminary plat subject to cer- tain revisions and may delegate its staff or one of its members to see that the further revisions conform to the intent of the Plan- ning Commission. 4. The Council shall act on the preliminary plat within 60 days of the date on which it was filed with the Village Clerk. If the report of the Planning Commis- sion has not been received in time to meet this requirement, the Coun- cil may act without such report. Approval of a preliminary plat by the Council is tentative only, involving merely the general ac- ceptability of the layout. Subse- quent approval will be required of the engineering proposals, pertain- ing to storm drainage, grading, gradients and roadway widths and the surfacing of streets, which will be considered in connection with the final plat. If the preliminary plat is not approved by the Council, the rea- sons for such action shall be re- corded in the proceedings of the Council and transmitted to the ap- plicant. B. Data Required 1. Scale: I inch to 100 feet, if possible. Otherwise, 1 inch to 50 feet or 200 feet. 2. Identification and Description: a) Proposed name of subdi- vision. The subdivider shall indicate that ,the proposed name does not duplicate or resemble in pronounciation the name of any plat there- tofore recorded. b) Location by section, town, range or by other legal description. c) Names and addresses of the owner, subdivider, sur- veyor and designer of the plan. The subdivider shall submit a statement that he has the area being subdivid- ed under ownership or con- trol. d) Graphic scale. e) North- Point. f) Date of preparation. 3. Existing conditions in tract and in surrounding area to a distance of 100 feet: a) Boundary line of proposed subdivision, clearly indicat- ed. b) Any non - residential zoning districts. c) Total approximate acreage of proposed subdivision. d) Platted streets, railroad right of way and utility easements. e) Boundary lines and owner- ship of adjoining unsubdi- vided land. f) Permanent buildings and structures. g) Sewers, water mains, cul- verts or other underground facilities. h) Topography, showing lakes, watercourses, marsh areas, and contours at ver- tical intervals of not more than two feet, except that contour lines shall be no more than one hundred feet apart. Contour lines shall be shown by means of dash- ed lines on the preliminary plat. i) Wooded areas. j) Other information, such as soil tests, if requested by Village Engineer. 4. Subdivision Design Features: a) Layout of proposed streets, showing right -of -way widths and names of streets. The name of any street hereto- fore used in the Village 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. The street layout shall include all contiguous land owned or controlled by the subdivider. b) Location and widths of proposed pedestrian ways and utility easements. c) Layout, numbers, dimen- sions and square footage of lots. d) Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres. e) Proposed use of all par- cels, and if zoning change is contemplated, proposed rezoning. f) All plats shall have all lots consecutively n u m b e r e d clockwise in each block and shall contain at least one or more blocks which shall also be consecutively num- bered. SECTION IV. FINAL PLAT A. Procedure: 1. Unless an extension of time is requested by the subdivider and granted by the Council, the subdivider shall within six months following approval of the preliminary plat, submit to the clerk; a) Five copies of the Final Plat. This Final Plat shall incorporate all changes re- quired by the Council. Oth- erwise it shall conform to the preliminary plat. The Final Plat may constitute only that portion of the pre- liminary plat which the sub- divider proposes to record and develop at the time. If the Final Plat is not sub- mitted within six months, the approval of the pre- liminary plat shall be con- sidered void. b) An up -to -date certified ab- stract of title, registered property report or such other evidence as the Vil- lage Attorney may require showing title or control in the applicant. 2. The Clerk shall refer copies of the Final Plat to the En- gineer and utility companies. The Clerk shall refer such ab- stract of title, registered prop- erty report or such other evi- dence of title to the Village Attorney for his examination and report. 3. The reports of the Village Attorney and Village En- gineer shall be submitted to the Council within fifteen days after filing of the Final Plat. The Village Engineer shall state whether the Final Plat and the proposed im- • • provements conform to the en- gineering standards and spe- cification established in this Ordinance. 4. The subdivider shall pay the fees of the Village Engineer and the Village Attorney for their services and reports in connection with the Final Plat. 5. The Council shall act on the Final Plat within 60 days of the date on which it was filed with the Clerk. No Final Plat will be approved that: a) Does not conform to the preliminary plat; b) Does not meet the design standards and engineering specifications set forth in this Ordinance. 6. If the Final Plat is approved by the Council, the subdivider shall record it with the Coun- ty Register of Deeds or Reg- istrar of Titles within 30 days after the date of approval; otherwise the approval shall be considered void. 7. The subdivider shall, immedi- ately upon recording, furnish the Clerk with two prints of the Final Plat showing evi- dence of the recording. B. Data Required 1. Indication of type of water supply, sewage disposal, drain- age and flood control. 2. Soil borings if required by Village Engineer. 3. Evidence that ground water control is at least 10 feet be- low level of finished grades or plan for solving ground water problems. 4. Any supplementary engineer- ing data required by the Vil- lage Engineer. 5. Data required under regula- tion of County Surveyor -ae- curate angular and lineal di- mensions for all lines, angles, and curvatures used to de- scribe boundaries, streets, easements, areas to be re- served for public use, and other important features. Di- mensions of lot lines shall be shown in feet and hundredths. 6. 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. 7. An identification system for all lots and blocks. 8. True angles and distances tied to the nearest established street lines or official monu- ments (not less than three) which shall be accurately de- scribed in the plat. 9. Village, county, or section lines accurately tied to the lines of the subdivision by dis- tances and angles. 10. Complete curve data, includ- ing radii, internal angles, points and curvatures, tangent bearings, and lengths of all arcs. 11. Accurate location of all monu- ments. 12. Certification by a registered land surveyor to the effect that the plat represents a sur- vey made by him and that monuments and markers shown thereon exist as located and that all dimensional and geodetic details are correct. 13. Notarized certification by Owner, and by any mortgage holder of record, of the adop- tion of the plat and the dedi- cation of streets and other public areas. 14. Certifications showing that all taxes currently due on the property to be subdivided have been paid in full. 15. Form for approval: Approved by the Village of Shorewood this - day of , 1s ----. SECTION V. DESIGN STANDARDS A. Streets 1. General Design. The design of all streets shall be considered in their relation to: public safety; existing and planned streets; ef- ficient circulation of traffic; topo- graphical conditions; runoff of storm water; and proposed uses of the land to be served by such streets. The arrangement of streets in new subdivision shall make provi- sions for the appropriate continu- ation of existing streets in adjoin- ing areas. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper pro- jection of streets. When a new subdivision adjoins unsubdivided land susceptible to being divided, then the new streets shall be carried to the boundaries of sach unsubdivided land. 2. Width. All right - of - way widths shall be a minimum of 50 feet except where a wider mini- mum width is shown on the Vil- lage Plan. 3. Reverse Curves. Tangents of at least 50 feet in length shall be iiaroduced between reverse curves on collector streets. 4. Street Grades. All center line gradients shall be at least 0.3 percent, and shall not exceed the following 6 percent. 5. Minor Streets. Minor streets shall be so aligned that their use by through traffic will be dis- co 6. Street Jogs. Street jogs with center -line offsets of less than 125 feet shall be avoided. 7. Safe Intersections. It must be evidenced that all street inter- sections and confluences encourage safe and efficient traffic flow. 8. Alleys. Alleys are not per- mitted in residential areas. 9. Cul -de -Sacs. Maximum 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. Each cul -de- sac shall be provided at the closed end with a turn - around having an outside roadway diameter of at least 100 feet, and a street prop- erty line diameter at least 120 feet. 10. Half- Streets. Half streets shall be prohibited, except where essential to the reasonable devel- opment of the subdivision and ad- joining rnsubdivided areas. 11. Reserve Strips. Reserve strips controlling access to streets shall be prohibited except under condi- tions approved by the Council. 12. Private Streets. No new pri- vate streets shall be approved nor shall pi.blic improvements be ap- proved for any private street which may hereafter be created or attempted to he created. 13. Hardship to Owners of Ad- joining Property Avoided. The street arrangements shall not be such as to cause hardship to own- ers of adjoining property in plat- ting their own land and providing convenient access to it. 14. Street Interval. In general, provisions shall be made at inter- vals not exceeding one -half mile for through streets (streets run- ning through the subdivision in a fairly direct manner). 15. Intersections. In general, streets shall intersect at right angles. 16. Corners. Property lines at residential street corners shall be rounded on a radius of not less than 10 feet and curb line on a radius of not less than 20 feet. B. Easements 1. Utilities. Easements at least 10 feet wide, centered on rear and other lot lines, shall be provided for utilities, where necessary. They shall have continuity of alignment from block to block. At deflection points, easements for pole -line anchors shall be provided where necessary. 2. Drainage. Where a subdivi- sion is traversed by a water course, there shall be provided a drainage way, channel or drainage right -of- way conforming substantially with the lines of such water course, to- gether with such further width or construction of both, as will be adequate for storm -water run -off. C. Blocks 1. Length. Block lengths shall not exceed 1500 feet and, if pos- sible, should not be less than 400 feet in length. 2. Arrangement. A block shall be so designated as to provide two tiers of lots, unless it adjoins a railroad or limited access highway and unless topographic conditions necessitate a single tier of lots. 3. Pedestrian Ways. In blocks over 1200 feet long, a pedestrian way or easement may be required • • in locations deemed necessary to public health, convenience and ne- cessity. Such an easement shall not be less than 15 feet in width. D. Lots 1. Location. All lots shall abut on a publicly dedicated street. 2. Size. All lots shall be at least 40,000 sq. ft. in area. 3. Width. All lots shall be at least 100 feet wide at the front set -back line. 4. Corner lots. Corner lots shall be platted at least 15 feet wider than the minimum width required. 5. Side lot lines. Side lines of lots shall be substantially at right angles to the street line. 6. Water Courses. Lots abut- ting upon a water course, drain- age way, channel or stream shall have an additional depth or width, as required to assure house sites that are not subject to flooding. 7. Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, water courses, historic spots or similar conditions, which if preserved will add attrac- tiveness and stability to the pro- posed development. 8. Lot Remnants. All remnants of land below minimum lot size left over after subdividing of a larger tract must be added to ad- jacent lots, rather than allowed to remain as unusable parcels. How- ever, outlots may be used if there is a reasonable likelihood that fu- ture subdivision of adjoining land will absorb these outlots into stan- dard lots. 9. Lots Along Thoroughfares. In new subdivisions there shall be no direct vehicular access from resi- dential lots to a major thorough- fare. Residential lots shall be sepa- rated from major thoroughfares and railroad rights -of -way by a 25 foot buffer strip, which may be in the form of added depth or width of lots backing on or siding on a thoroughfare or railroad right -of -way. A screen planting easement shall be granted to the Village and shown upon the plat for the 25 foot buffer strip, if it adjoins a major thoroughfare. E. General The proposed subdivision shall, in all respects, conform to the Village plans. SECTION VI. PUBLIC LAND Because a new subdivision cre- ates a need for recreation areas and other public uses, as well as for streets, 8 of the total area of each new subdivision or its equivalent shall be dedicated for such use. Such area must he suit- able for public use and shall con- form to the Village Plan. The subdivider shall, if the Village Plan does not show a proposed site larger than 8% of the subdi- vision, have the option in place of dedicating recreation area for public use, to pay into the village park fund a sum of money equal to 8 of the value of the raw land contained in the proposed sub- division; the value of the raw land shall be determined by the village assessor. In addition, wherever the Vil- lage Plan shows a proposed pub- lic site larger than 8 0 10 of the sub- division, the preliminary plan and final plat shall show such pro- posed site, and the Village shall have one year in which to pur- chase the additional area. If such purchase has not been made with- in the year, the subdivider may proceed to subdivide the site, ex- cept the area dedicated under the 8 requirement. SECTION VII. REQUIRED IMPROVEMENTS Before the Council approves a Final Plat, the subdiver shall give satisfactory assurance that he will provide the following improve- ments: A. Monuments Monuments shall be placed at all block corners, angle points, points of curves in streets and at intermediate points as shown on the final plat and as required by the Engineer. Pipes or steel rods shall be placed at the cor- ners of each lot and at each in- tersection of street centerlines. All U. S., state, county or other official bench - marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position. B. Streets The traveled surface of all streets shall be not less than 30 feet in width. They shall have applied to them not less than 8 inches of screened or crushed, packed gravel with two coats of tar, one being a penetration coat, and one being a seal coat. C. Drainage Facilities Such facilities and easements shall be installed as will ade- quately provide for the drainage of surface waters. D. Tree Planting Trees having a trunk diameter (measured 12 inches above the ground) of not less than one and three - fourths inches shall be planted along all streets where trees do not exist, and not less than one per lot. This requirement will be satisfied, and it is preferable if an equiva- lent number of the same size exist or are planted in a natural- istic way in the front yards of the lots. The trees shall be planted in at least one cubic yard of growing soil, and shall survive one growing season or be replaced. E. Street Name Signs These shall be placed at all street intersections within or abutting the subdivision. The Village shall install the signs, and the cost of the sign shall be paid by the developer. F. Financing Before a Final Plat is approved by the Council, the subdivider shall submit an agreement and performance bond in such form as approved by the Village Council to assure the following: 1. The subdivider shall pay for the cost of all improvements re- quired in the subdivision and the subdivision's share of costs of trunk facilities to be extend- ed to the subdivision. 2. Guaranteed completion of the required improvements within two years from the date of ap- proval of the Final Plat by the Village Council. 3. Payment by the subdivider to the Village Engineer and Attor- ney for review of plans and spe- cifications and for subsequent inspections by the Village En- gineer. 4. The amount of the perform- ance bond shall be determined by the Council upon recommen- dation of the Village Engineer. G. Inspection All improvements required on site as described under engineer- ing standards shall be inspect- ed during construction by the Village Engineer at the expense of the subdivider. This inspec- tion shall include aggregate samples, samples of road sur- facing materials and visual in- spection of projects during the installation of work. SECTION VIII. OTHER PROVISIONS A. Variances and Exceptions Where there are practical diffi- culties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this ordinance, the Village Council, shall upon four - fifths . affirmative vote of the total membership of such Council have the power to vary the re- quirements of this ordinance in harmony with the general pur- pose and intent hereof, so that the public health, safety, and general welfare may be secured and substantial justice done. B. Interpretation 1. No other method of platting or subdividing of real estate other than by the procedure set forth in these regulations is recognized in the Village of Shorewood. Registered Land surveys shall not be used for the purpose of subdividing prop- erty into lots; any attempt to do so by property owners shall be interpreted by the Village Council merely as an easier and more efficient method of hand- ling land described by metes and bounds descriptions. No Registered Land Survey hereinafter filed against proper- ty located within this Village shall have a tract designated upon it which shall be smaller in dimension or area than the minimum provided for platted • • • lots in this ordinance. No build- ing permit shall be issued by any governing body or official or its or his agents for the con- struction of any building, struc- ture or improvement on any tract contained in a Registered Land Survey hereafter filed against land within this Village which Registered Land Survey contains a tract that is smaller in dimension or area than the minimum dimension or area pro- vided for platted lot in this or- dinance unless prior to the fil- ing of said Registered Land Survey the same had been ap- proved by the Village Council or, after filing of a Registered Land Survey, without such ap- proval, the Village Council sub- sequently approves such Regis- tered Land Survey by a four - fifths vote of the total member- ship thereof. 2. No unplatted land within the limits of the Village of Shore- wood shall, unless such parcel is a separate parcel of land of record at the time of adoption of this ordinance or unless the agreement to convey such par- cel has been entered into at the time of adoption of this ordi- nance and. the instrument of con- veyance is recorded or regis- tered within six months from said date, hereafter be conveyed by metes and bounds description unless the area of the said par- cel shall be not less than 40,000 square feet, unless a variance is first obtained from the Vil- lage Council in accordance with Subdivision A of this section; however, nothing in this ordi- nance shall prohibit conveyance by metes and bounds description of any parcel of land of less than 40,000 square feet if such parcel is added to, and combined with, and becomes a part of an adjacent lot or area so as to in- crease the size of such adjacent tract or parcel of land, provided that the remaining portion of such tract being so divided shall not be less than 40,000 square feet in area, unless such re- maining tract is also added to and combined with and become a part of some other adjoining tract. C. Building Permits No building permit shall be is- sued by any governing body or official for the construction of any building, structure or im- provement on any land hence- forth subdivided or conveyed un- til all requirements of this Or- dinance have been fully complied with. D. Validity If any section, subsection, sen- tence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Or- dinance. E. Violations Any person violating any pro- vision of this Ordinance shall be guilty of a misdemeanor, punishable by a fine of not more than One Hundred Dollars or by imprisonment not exceeding 90 days for each offense and any platting, replatting or sub- dividing or conveying of land not in accordance with this or- dinance may be enjoined. F. Repeal of Existing Ordinance All Ordinances or parts of Or- dinances of the village in con- flict with the provisions of this Ordinance are hereby repealed. SECTION I% This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Village Council this 10th day of April, 1961. LESTER R. BADGER, Mayor ATTEST: ELSA I. WILTSEY, Clerk (Published in the Minnetonka Record April 27, 1961) • r L J �k LEGAL NOTI'C ORDINANCE NO. 29 AN ORDINANCE TO LICENSE AND REGULATE COMMERCIAL BOAT DOCKS, WHARVES, AND COMMERCIAL BOATS AND BARGES, AND STORAGE FACILITIES WITHIN THE VILLAGE OF SHOREWOOD AND PROVIDING A PENALTY FOR VIOLATION THEREOF SECTION 1. License required commercial dockage No person, firm or corporation shall operate, carry on a commer- cial boat dock business or be en- gaged in the trade or business of docking or storing of boats with- in the corporate limits of the Vil- lage of Shorewood without having first obtained a license to do so. Any person, firm or corporation desiring a license to engage in the business of operating a com- mercial dock or boat storage busi- ness shall make application in writing to the Village Council of the Village of Shorewood, which application shall be signed by the applicant and filed with the clerk of the Village of Shorewood, and shall set forth the name and resi- dence of the applicant and the exact location at which the appli- cant proposes to carry on said business and whether he is then or has heretofore been engaged in said business. The clerk shall present said application to the Village Council at its next regu- lar meeting after the filing there- of. No license shall be issued by the Village Council pursuant to this section for any person, firin, or corporation to engage in the trade or 'business of docking or storing of commercial boats with- in the corporate limits of the Vil- lage iof Shorewood except when such business is to be carried on within the commercial zone of the Village of Shorewood as defined by the Village of Shorewood Zon- ing Ordinance, or is entitled to operate said business as a non- conforming use in accordance with the Village of Shorewood Zoning Ordinance. SECTION 2. Regulation of commercial storage facilities In the event boat storage facilities are provided, the boats shall be stored in such a manner sous not to create a fire hazard and any gasoline offered for sale or stored on the premises shall be placed in tanks or containers as may be re- quired by the Village Council un- derground or such distance from the storage facilities so as not to create a danger in the community. SECTION 3. Definition of persons engaged irk the trade or business of docking or storing of boats and operation of commercial docks. Any person, firm or corporation who owns or uses boats or barges in the furtherance of their busi- ness and provides space for dock- ing and storing of said boats or barges upon property owned, rent- ed or occupied, by said person, firm or corporation shall be con- sidered, for the purpose of this ordinance, as being engaged in the business of operating a com- mercial boat dock. Any person, firm or corporation who rents or provides space for docking or storing of three or more boats belonging to a person other than himself within the cor- porate limits of the Village of Shorewood for gain or other re- numeration shall be considered, for the purpose of this ordinance, as being engaged in the trade or business of docking or storing of boats. SECTION 4. License fee for commercial dockage and storage facilities. The amount to be paid for a license required by Section 1. here- of, shall be the sum of $25.00 per year. Each license shall expire on December 31st of each year. SECTION 5. Regulations governing construction and maintenance of commercial docks. No commercial dock shall extend further into the waters of Lake Minnetonka than is reasonably ne- cessary to accommodate the dock - ing of such craft as shall custom- arily and lawfully be used upon the water of Lake Minnetonka so as to interfere with, obstruct or tend to obstruct or render danger- ous for use or passage a body of water within the primary habor limits of the Village. All such commercial docks and wharves shall be constructed and maintain- ed of such materials and of such type of construction as will not render the same unsafe or apt to endanger public enjoyment of the waters. SECTION 6. Inspection The Village Council or such or- ficer as may be designated by the Village Council for the purpose may, at any reasonable time, in- spect or cause to be inspected any such commercial dock or wharf; and, if it shall appear that such dock or wharf has not been con- structed or is not being maintain- ed in accordance with the applica- tion therefor as approved by the r illage Council or in accordance with the terms of this ordinance, the Village Council, by its clerk, shall notify the owner thereof in writing of the way or ways in which such dock or wharf does not comply with the within or- dinance, after which said owner will have ten days to remove such dock or wharf or to make the same comply with the terms of the application and the issuance of the license therefor may be revoked by the Village Council and notice thereof in writing, mail- ed to the owner of said dock or wharf at the address given in the application. Failure to have a valid license in force shall be prima facie evidence of a viola- tion of this ordinance. SECTION 7. Penalty for violation. Any person, firm or corporation who shall violate any of the pro - visions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed $100.00 or by imprisonment for a period of not to exceed ninety days. SECTION S. This - ordinance shall be in full force and effect from and after its passage and publication accord - ing to law. Passed by the Village Council of the Village of Shorewood this 13th day of February, 1961. LE.STER R. BAD'GE'R, Mayor ATTEST: ELSA I. WILTSEY, Clerk (Published in the Minnetonka Record February 213, 1961) is