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GENERAL PROVISIONS; ADMINISTRATION
All subdivisions of land hereafter submitted for approval shall comply in all respects with the regulations set forth herein. It is the purpose of these regulations to:
(A) Encourage well planned, efficient and attractive developments by establishing adequate standards for design and construction;
(B) Provide for the health, safety and welfare of people by requiring properly designed and coordinated streets and adequate sewage and drainage facilities;
(C) Secure the rights of the public with respect to public lands and waters;
(D) Serve as a tool to carry out the objectives and policies of the Comprehensive Guide Plan; and
(E) Provide for a means to provide adequate recreational areas and other public facilities.
(1989 Code, § 12.01)
This chapter shall apply to the subdivision or re-subdivision of any parcel of land in the city. No conveyance of land, in which the land conveyed is described using an unplatted description, shall be made or recorded if the conveyance creates five or more unplatted lots or unplatted parcels within a Forty or Government Lot which are two and a half acres or less in size, or if a new street is involved, unless the parcel was a separate parcel of record on the effective date of this chapter.
(1989 Code, § 12.02) (Ord. 81, passed 7-11-2017)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A minor way providing secondary vehicular access to the side or rear of two or more properties abutting on a street.
BLOCK. An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a stream, reservoir or rail line.
BUTT LOTS. Any lot or lots at the end of a block, located between two corner lots.
COLLECTOR STREET. A street so designated on the Comprehensive Guide Plan.
COMPREHENSIVE GUIDE PLAN (COMPREHENSIVE MUNICIPAL PLAN). A compilation of policy statements, objectives, standards and maps for guiding the physical, social and economic development, both public and private, of the city and its environs, as defined in the State Municipal Planning Act, being M.S. §§ 462.351 et seq.
CUL-DE-SAC. A short, local street having only one outlet and a vehicular turnaround.
DOUBLE FRONTAGE LOT. A lot extending between and having frontage on a major street and a local street with vehicular access solely from the latter.
EASEMENT. A grant by an owner of land for the specific use of the land for a public or quasi-public purpose.
FINAL PLAT. A final map, drawing or chart on which the subdivider’s plan of a subdivision is presented to the Council for approval and which, if approved, will be submitted to the County Recorder.
LOCAL STREET. A street of limited continuity used primarily for access to abutting properties and the local needs of the neighborhood.
LOT. One unit of a recorded plat subdivision or registered land survey, occupied or to be occupied by a building and its accessory buildings and including as a minimum any open spaces as are required under this chapter and having frontage on a public street.
MARGINAL ACCESS STREET. A local street which is parallel and adjacent to a thoroughfare and which provides access to abutting properties and protection from through traffic.
PEDESTRIAN WAY. A public right-of-way across or within a block or development to provide access for pedestrians.
PRELIMINARY PLAT. A tentative map, drawing or chart of a proposed subdivision meeting requirements herein enumerated.
PRIVATE STREET. A street serving as vehicular access to two or more parcels of land which is not dedicated to the public but is owned by one or more private parties.
STREET. A public way for vehicular traffic whether designated as a STREET, highway, thoroughfare, parkway, throughway, road, arterial, lane, place or however otherwise designated. The width of a STREET is measured between right-of-way lines.
SUBDIVIDER. Any person commencing proceedings under this chapter to effect a subdivision of land for himself, herself or others.
SUBDIVISION. Any division of land resulting in the creation of five or more unplatted lots or unplatted parcels within a Forty or Government Lot which are two and a half acres or less in size, or if a new street is involved, any division of a parcel of land. The term includes RE-SUBDIVISION and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
THOROUGHFARE. A street designated on the Comprehensive Guide Plan as a freeway, arterial or collector street.
(1989 Code, § 12.03) (Ord. 81, passed 7-11-2017)
(A) Pre-application. The subdividers or owners should meet with the Planning Commission, the City Administrator/Clerk-Treasurer and other appropriate officials (City Engineer and Planner) in order to be made fully aware of all applicable city code provisions, regulations and plans in the area to be subdivided. The subdivider is urged to avail himself or herself of the advice and assistance of the Planning Commission and the City Administrator/Clerk-Treasurer in order to save time, money and effort to facilitate the approval of the preliminary plat.
(B) Preliminary plat procedures.
(1) Application and fee. The subdivider or owner shall file with the Planning Commission Secretary five copies of the preliminary plat and supplementary information as may be required and a cash fee of $50 plus $2 for each lot. In addition to the application and fee, the subdivider shall be required to prepay all planning, engineering and legal expenses incurred by the city for the review of the request, based on an estimate.
(2) Distribution to other agencies. The Secretary shall refer one copy of the preliminary plat to each of the following agencies: County Highway Engineer, County Surveyor, City Engineer and Planning Commission, and the Utilities Superintendent, for review and report. If, within 30 days, any agency fails to submit a report, the city may proceed on the assumption that the agency has approved the plat.
(3) Public hearing. The Planning Commission shall submit a recommendation to the Council within 60 days of receipt of the application. The Council shall hold a public hearing on the preliminary plat after notice of the time and place thereof has been published once in the official newspaper at least ten days before the day of the hearing. The Council shall act to approve or disapprove the preliminary plat. If disapproved, the reasons for disapproval shall be set forth in the minutes of the Council.
(C) Final plat procedures.
(1) Final submittal. The owner or subdivider shall file three hardshell and two linen copies of the final plat for consideration by the Council incorporating all changes or modifications required as conditions of approval of the preliminary plat. In all other respects, it shall conform to the preliminary plat as approved. The plat shall be complete as to the information required under § 152.05.
(2) Certificate of abstract. The owner or subdivider shall also submit an up-to-date, certified abstract of title or any other evidence as required by the City Attorney.
(3) Review. The Secretary shall refer the final plat to the Planning Commission for its review, report and signature. The report shall be submitted to the Council within 30 days of the receipt of the plat and approved within 60 days of its receipt, provided all improvement contract requirements have been satisfied according to §§ 152.40 through 152.42.
(4) Recording. Upon approval of the final plat by the Council, the subdivider shall record the final plat with the County Recorder, as provided for by that office, within 60 days after approval by the Council. The subdivider, within 30 days of recording, shall furnish the City Administrator/Clerk- Treasurer with one linen copy of the final plat showing evidence of the recording.
(1989 Code, § 12.04)
(A) Information required. The plat shall be clearly and legibly drawn at a scale of one inch equals 100 feet or larger, and shall contain the following information:
(1) Title of the proposed subdivision;
(2) Names and addresses of the owner, subdivider, surveyor or engineer preparing the plat;
(3) Location of the subdivision by section, township and range or by legal description;
(4) Graphic scale, north arrow, date of preparation;
(5) The names of abutting subdivisions and boundary or property lines of adjoining subdivided or unsubdivided lands;
(6) Boundary line survey;
(7) Total acreage (acreage or square footage of individual lots in preliminary plat);
(8) Location of existing easements, streets, utilities, structures, section lines and corporate lines within and adjacent to the proposed subdivision;
(9) If a replat, the original lot and block arrangements shown in dotted or dash lines;
(10) Streets, street names, right-of-way and roadway widths;
(11) Locations of all alleys, pedestrian ways and utility easements;
(12) Layout, numbers and dimensions of all lots and blocks;
(13) Areas intended to be dedicated or reserved for public use;
(14) Minimum front and side street setback lines as required by the zoning chapter (see Chapter 153);
(15) High water and floodplain boundaries where appropriate;
(16) The location of all monuments;
(17) Notarized certification by a registered land surveyor;
(18) Certification showing that all taxes and special assessments have been paid; and
(19) A form for approval and for the signatures of the Planning Commission Chairperson, Secretary and the Mayor and City Administrator/Clerk-Treasurer.
(B) Supplementary information required. In addition to the plat, the following information shall be required and filed with the preliminary plat:
(1) A topographic map at the same scale as the preliminary plat showing proposed lot lines existing and proposed topography, street centerline grades, watercourses, marshes, vegetation and other significant features;
(2) Soil absorption tests where septic tanks are proposed;
(3) A schematic utility plan for water, sanitary and storm sewers and drainage and including the proposed location, gradient and size of the proposed sewer and water lines; and
(4) A map indicating plans for the development of the entire area, if the proposed plat is a portion of a larger holding intended for subsequent development.
(C) Qualifications governing approval of a preliminary plat.
(1) The approval of a preliminary plat by the Council shall only constitute acceptance of the design as a basis for the preparation of the final plat by the owners or subdividers. Subsequent approval by appropriate officials having jurisdiction will be required of the proposals pertaining to water supplies, storm drainage, sewage disposal, sidewalks, grading, gradients and roadway widths and the surfacing of streets prior to the approval of the final plat. The subdivider shall also present evidence that the plat has been reviewed by, and meets the requirements of, those responsible for the provision of gas, electric and telephone service.
(2) No plat will be approved for a subdivision which includes any area subject to periodic flooding or which contains poor drainage capabilities which would make adequate drainage of the streets and lots impossible, unless the subdivider agrees to make improvements which will, in the opinion of the City Engineer, make the area completely safe for occupancy and provide adequate street and lot drainage.
(1989 Code, § 12.05)
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