CHAPTER 155: SUBDIVISION CONTROL
Section
   155.01   Purpose
   155.02   Legal authority
   155.03   Compliance
   155.04   Savings clause
   155.05   Exemptions
   155.06   Definitions
   155.07   Platting procedures
   155.08   Platting presentation requirements
   155.09   Plat design standards
   155.10   Required improvements
   155.11   Metes and bounds standards
   155.12   Administration
   155.13   Owner liable
   155.14   Preliminary title opinion
   155.15   Final title opinion
   155.16   Minimum road standards
 
   155.99   Penalty
§ 155.01 PURPOSE.
   In order to integrate new subdivisions with the development objectives of the city and to contribute to an attractive, stable, and wholesome environment, adequate public services, and an integrated safe road and highway system, the subdividing of land in the city shall be required.
(Ord. passed 9-13-2016; Ord. passed 7-13-2021)
§ 155.02 LEGAL AUTHORITY.
   This chapter is enacted pursuant to M.S. § 462.358, as it may be amended from time to time.
(Ord. passed 9-13-2016; Ord. passed 7-13-2021)
§ 155.03 COMPLIANCE.
   (A)   No subdivision of any real property of less than two and one-half acres shall be made except by a plat duly approved by the City Council and properly recorded in the office of the County Recorder.
   (B)   No subdivision of any real property of less than five acres, which is located within the shoreland area or which contains any wetland area, shall be made except by a plat duly approved by the City Council and properly recorded in the office of the County Recorder.
   (C)   No conveyance other than those described in divisions (A) and (B) above, shall be recorded unless it meets the requirements of § 155.11.
   (D)   No conveyance or other document creating a subdivision of any real property other than by a duly approved plat, shall be recorded unless accompanied by a registered surveyor’s drawing for recording. The surveyor’s drawing shall accurately illustrate the subdivider’s entire lot, parcel, or tract which is subdivided by the conveyance or other document, and shall illustrate the location of any wetlands on that property. No conveyance or other document shall be recorded unless accompanied by this surveyor’s drawing.
   (E)   Any surveyor performing a survey in the city shall file a copy of that survey with the County Recorder and the City Clerk/Treasurer.
   (F)   No deed or other document purporting to subdivide property shall be recorded or certified for recording by the County Auditor, County Treasurer, or County Recorder unless it meets the requirements set forth above.
(Ord. passed 9-13-2016; Ord. passed 7-13-2021) Penalty, see § 155.99
§ 155.04 SAVINGS CLAUSE.
   All plats approved under this chapter are approved for city purposes only and shall not release the subdivider from any liability or obligation imposed by state statutes or federal law. In the event any provision of this chapter shall be found contrary to law by a court of competent jurisdiction from whose final judgment no appeal has been taken, such provision shall be considered void. All other provisions of this chapter shall continue in full force and effect as though the voided provision had never existed.
(Ord. passed 9-13-2016; Ord. passed 7-13-2021)
§ 155.05 EXEMPTIONS.
   (A)   The division of a surveyed lot, parcel, or tract for the purpose of attachment to contiguous lots where no residual plot or lot or real property is left unattended is exempted from the provisions of this chapter, as are subdivisions conveying property to a public utility for such things as substations, poles, towers, telephone booths, and the like.
   (B)   If the parcel can be described as a rectangular portion of a parcel of the government rectangular survey system, a surveyor’s drawing will not be required.
   (C)   Metes and bounds subdivisions of less than two and one-half acres (§ 155.03(A)) or less than five acres (§ 155.03(B)) that will be permanently attached to an adjacent contiguous parcel will be exempt from the minimum size requirements provided all other conditions of this chapter are complied with.
   (D)   Common interest communities shall be in accordance with M.S. § 515B, as it may be amended from time to time.
(Ord. passed 9-13-2016; Ord. passed 7-13-2021)
Loading...