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§ 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)
§ 155.06 DEFINITIONS.
   As used in this chapter, words in the present tense shall include future tense and words used in the singular number shall include the plural number and the plural the singular. The word SHALL is mandatory and not discretionary. The word MAY is permissive. For the purpose of this chapter, certain terms and words are herein defined as follows.
   ADMINISTRATIVE OFFICERS. The Zoning Officer and the Clerk/Treasurer of the city or his or her assistants.
   ALLEY. Any strip of land publicly or privately owned, less than 33 feet in width between property lines, set aside for public vehicular access to abutting property.
   ARTERIAL ROAD or HIGHWAY (PRIMARY). A road or highway of considerable continuity designed primarily to serve as an interconnection link between sectors of the city and beyond (such as from within a city to outlying areas).
   BACKLOT. Residential lots without water frontage located in the shoreland area of the city.
   BACKSLOPE. The portion of the roadway cross-section beginning at the outside edge of the ditch bottom, sloping upward to a point where the slope intersects the existing ground line.
   BLUFF.
      (1)   A topographic feature such as a hill, cliff, or embankment having all of the following characteristics:
         (a)   Part or all of the feature is located in the shoreland area;
         (b)   The slope rises at least 25 feet above the ordinary high water level;
         (c)   The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and
         (d)   The slope must drain toward the water body.
      (2)   If the 50-foot segment on either side of the point at which a feature is 25 feet above the OHWL has a slope of 30% or more, it is a BLUFF.
   COMMISSIONER. Commissioner of the Department of Natural Resources.
   COMMON INTEREST COMMUNITY (CIC) PLAT. As described in M.S. § 515B.2-101 to 515B.2-110, as it may be amended from time to time.
   CUL-DE-SAC. A road having but one end open to traffic and the other end being permanently terminated by a vehicular turnaround.
   DEDICATED STREET. A roadway designated for public use.
   DEVELOPMENT OBJECTIVES. Those goals defined as part of the city’s comprehensive planning program which indicate how the city wishes to develop itself in line with orderly and logical direction.
   EASEMENT. A grant by an owner of land for the specific use of said land by the public, generally, or to a person or persons.
   FEE SCHEDULE. A document setting forth the city’s fees for permits, appeals, variances, and subdivision filings as determined by the City Council.
   FINAL PLAT. The final map, drawing, or chart on which the subdivider’s plan of subdivision is presented to the City Council for approval and which, if approved, will be submitted to the County Recorder.
   INSLOPE. The portion of the roadway cross-section beginning at the outside edge of the roadway shoulder, sloping downward to the inside edge of the ditch bottom.
   LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditor’s plat, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation.
   METES AND BOUNDS. A description of real property which identifies a parcel of land by its shapes and boundaries, starting at a known point and describing the bearing and distances of lines forming the boundaries of the property or delineating a fractional portion of a section, lot, or area by described lines or portions thereof.
   ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoir and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.
   OWNER. Any individual, firm, association, syndicate, co-partnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
   PRELIMINARY PLAT. The preliminary map drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission and City Council for their consideration.
   PUBLIC ROAD. A particularly described and identified right-of-way, at least 33 feet in width, dedicated to public use for road or highway purposes.
   SERVICE ROAD. A public road having a traveled surface of at least 24 feet in width lying parallel and adjacent to an arterial road or highway and which provides access to abutting properties and protection from through traffic.
   SHORELAND AREA. Land located within the following distances from public water: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or the landward extent of a flood plain designated by ordinance on a river, whichever is greater. The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner.
   STRUCTURE. Any building or appurtenance, including, but not limited to, vision obstructing fences, decks, retaining walls, satellite dishes, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, tower poles, and other supporting facilities.
   SUBDIVIDER. Any person commencing proceedings under this chapter to affect a subdivision of land for himself or herself or for another.
   SUBDIVISION. A parcel of land which is divided.
   WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular #39 (1971 Edition), which is hereby incorporated by reference, is available through the Minitex Interlibrary Loan System and the County Land and Resource Management Office, and is not subject to frequent change.
(Ord. passed 9-13-2016; Ord. passed 7-13-2021)
§ 155.07 PLATTING PROCEDURES.
   (A)   Generally. The following procedures shall be followed in the administration of this section, and no real property within the jurisdiction of this section shall be subdivided and offered for sale or a plat recorded until a pre-application meeting has been held, a preliminary plat has been reviewed and approved and until a final plat has been reviewed and approved as set forth in the procedures provided herein.
   (B)   Pre-application meeting. Prior to the submission of any plat for consideration by the Planning Commission under the provisions of this chapter, the subdivider may meet with the Administrative Officers to introduce himself or herself as a potential subdivider and learn the relevant requirements of the city ordinances.
   (C)   Preliminary plat.
      (1)   Submission or plat. The subdivider shall submit to the Administrative Officers ten copies of a preliminary plat of his or her proposed subdivision, the requirements of which are set forth in this chapter. Any application for a conditional-use permit to authorize road construction on the platted property shall also be filed at the same time. They shall be filed at least 30 days prior to a regularly scheduled Planning Commission meeting and shall be accompanied by the fees set forth in the fee schedule.
      (2)   Notice procedure. Notice of the public hearing at which the Planning Commission will consider the preliminary plat shall be made by the Administrative Officers pursuant to M.S. § 462.357, subd. 3, as it may be amended from time to time. The owner or subdivider shall also be notified as to the time and place of the public hearing.
      (3)   Public hearing. At the public hearing set for consideration of the preliminary plat, the Planning Commission shall consider comments to the notice of plat, and it shall also review the preliminary plat from the standpoint of environmental impact, compatibility with surrounding area, suitability of area for subdividing, public health and welfare, crowding potential, the compatibility with the city comprehensive plan and overall city planning.
      (4)   Planning Commission action. At the conclusion of the public hearing set forth in division (C)(3) above, the Planning Commission shall either recommend approval, conditional approval, or denial of the preliminary plat. The Planning Commission may also table the preliminary plat for future consideration. The Planning Commission shall not approve a preliminary plat unless the presentation requirements set forth in § 155.08 have all been met. No lot on the preliminary plat shall be approved if, in the opinion of the Planning Commission, a lot does not have dedicated road access, an adequate building site, or sufficient area for two on-site individual sewage treatment systems in areas where public services are not available, meeting the requirements of all rules and regulations in this chapter, the shoreland management ordinance and the utility code of the city. The action of the Planning Commission shall be stated in writing setting forth the conditions of approval, reasons for approval, or the reasons for denial. The Planning Commission’s recommendation shall then be submitted to the City Council.
      (5)   City Council action. The City Council shall consider the Planning Commission’s action at their next regularly scheduled meeting and shall either approve, approve with conditions, deny, or table for future consideration. Approval shall mean the acceptance of the design as a basis for preparation of the final plat, and the submission of such final plat for approval. Approval by the City Council of all engineering proposals presented in the preliminary plat which pertain to such things as water supply, sewage disposal, storm drainage, gas and electric service, road gradients and widths, and the surface of roads is required prior to the approval of the final plat. The Board may, after notifying the subdivider, employ qualified persons to check and verify each proposal, the costs of such services shall be paid by the subdivider.
   (D)   Final plat.
      (1)   Filing of the final plat.
         (a)   The owner or subdivider shall file with the Administrative Officers within one year of the date of the approval of the preliminary plat the final plat which shall substantially conform to the preliminary plat as approved. (See § 155.08(C) for filing document requirements.)
         (b)   Final plat approval shall not be granted to any plat which is not filed within the time herein specified, unless an extension is requested in writing and for good cause, granted by the City Council. The final plat shall be presented to the City Council at a scheduled meeting which is at least two weeks after the date of filing with the Administrative Officers.
      (2)   Contents. The subdivider may file a final plat limited to such portion of the preliminary plat which he or she proposed to record and develop at one time, provided that such portion must conform to all requirements of this chapter. Lots which have received preliminary approval but are not included on the final plat must be considered as a new subdivision.
      (3)   Review. The Administrative Officers shall check the final plat to see that it is in substantial conformity with the preliminary plat as approved by the City Council and that it meets all ordinances and regulations of the city.
      (4)   City Council action. Final plat approval shall not be granted unless all presentation requirements of § 155.08 have been met. The City Council shall approve, deny, or table the final plat, and the Clerk/Treasurer shall notify the owner or subdivider of the Board’s actions within 30 days. The final plat, if approved, shall then be filed with the County Recorder. If any irregularity prevents recording of the final plat, the County Auditor shall notify the owner or subdivider. Any approval of the final plat by the City Council shall be null and void if the plat is not recorded with the County Recorder within 90 days after the date of approval unless application for an extension of time is made, in writing, during said 90-day period, to the City Council and for good cause granted by the City Council.
(Ord. passed 9-13-2016; Ord. passed 7-13-2021)
§ 155.08 PLATTING PRESENTATION REQUIREMENTS.
   (A)   Lot suitability. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.
   (B)   Preliminary plat.
      (1)   Preliminary plat must be prepared by a state registered land surveyor.
      (2)   Scale: one inch equals 100 feet, if possible, but not smaller than one inch equals 200 feet.
      (3)   Identification and description:
         (a)   Proposed name of subdivision, which name shall not duplicate or closely resemble the name of any plat previously recorded in the city;
         (b)   Location by section, township, range, or by other identifying description;
         (c)   Names and addresses of the owner, subdivider, surveyor, and designer of the plan;
         (d)   Graphic scale;
         (e)   North point; and
         (f)   Date of preparation.
      (4)   Existing conditions in tract and in surrounding area to a distance of 300 feet:
         (a)   Boundary line of proposed subdivision, clearly outlined and dimensioned;
         (b)   Total acreage and total water frontage (shoreland areas);
         (c)   Platted roads, rights-of-way, and utility easements;
         (d)   Boundary lines and ownership of adjoining land;
         (e)   Sewers, water mains or wells, culverts, or other underground facilities;
         (f)   Plans for the provision of potable water, sewage disposal, drainage, and flood control;
         (g)   Existing structures;
         (h)   Summary of soil and vegetation types (terrestrial and aquatic);
         (i)   Lakes, watercourses, and wetlands, and such other information as soil tests, location of the ordinary high water level, and contours at vertical intervals of not more than ten feet. All elevation data shall be mean sea level or some other assumed, workable datum;
         (j)   Evidence that the ground water level is at least three feet below the level of finished grades or plans for resolving any ground water problems; and
         (k)   Structure setbacks from any lake, river, road right-of-way, lot line, and bluff as set forth in the shoreland management or setback ordinances of the city, must be clearly shown by dotted lines on the plat. Areas suitable for structure location shall be clearly indicated.
      (5)   Subdivision design features.
         (a)   Layout and width of proposed road rights-of-way and utility easements, showing road names, approximate lot dimensions, parks, and other public areas. All roads must be identified and signed in accordance with the provisions of the Enhanced 911 County-wide Addressing System. The road right-of-way layout shall include all contiguous land owned or controlled by the subdivider;
         (b)   Proposed use of all parcels, and if zoning change is contemplated, proposed rezoning;
         (c)   Preliminary road grades and drainage plans shall be shown on a copy of the contour map;
         (d)   Statement of proposed protective covenants;
         (e)   Statement of source of water supply;
         (f)   Statement of provisions for sewage treatment. In areas where a public sewage treatment system is unavailable, a lot must contain sufficient suitable area for the installation of two standard on-site sewage treatment systems. Lots that would require use of holding tanks shall not be approved; and
         (g)   Easement dedications must be provided over natural drainage or ponding areas for management of storm water and significant wetlands. Provisions for surface water drainage and flood control must be provided.
      (6)   Preliminary title opinion. The subdivider shall provide a preliminary title opinion, prepared by an attorney of the subdivider’s choosing, in substantial conformity with the form set forth as § 155.14.
      (7)   On-site. Within 14 days of submitting the preliminary plat, the subdivider must clearly stake and identify the tentative proposed lot corners and the proposed center line of the road serving the proposed subdivision.
   (C)   Final plat. The final plat shall include the following:
      (1)   Such information as was found necessary for review and requested by the Planning Commission or City Council;
      (2)   (a)   Data requirements as set forth in M.S. Chapters 505, and 515A and B (CIC), as they may be amended from time to time; and §§ 155.075, 155.076, and 156.051; and
         (b)   All interior and exterior boundary lines shall be correctly designated on the plat and shall show bearings on all straight lines, or angles at all angle points, and central angle and radii and arc lines for all curves. Durable iron monuments shall be set at each angle and curve point on the interior and exterior boundary lines and at all block corners and at all intermediate points on the block or lot lines indicating a change of direction in the lines. The plat shall indicate that the monuments have been set.
      (3)   An identification system for all lots and blocks. All lots shall be numbered consecutively;
      (4)   The area (in square feet) and dimensions of all lots in feet;
      (5)   The subdivider shall submit two hardshells, one transparency copy, and six duplicate copies of the final plat;
      (6)   All signatures on the plat must be in black ink;
      (7)   Certification by a registered land surveyor to the effect that the plat represents a survey made by him or her and that monuments and markers shown thereon exist as located and that all dimensional and geodesic details are correct;
      (8)   Notarized certification by the owner and by any mortgage holder of record, of the adoption of the plat and the dedication of roads and other public areas;
      (9)   Certification showing that all taxes currently due on the property to be subdivided have been paid in full for the calendar year in which the plat is filed;
      (10)   Form for approval by registered land surveyor:
 
I hereby certify that I have reviewed this plat and found it to be in compliance with the surveying requirements of the Subdivision Controls Ordinance of the City of Battle Lake and Chapter 505 Minnesota Statutes.
 
      (11)   The subdivider shall provide the County Auditor’s office with a final title opinion prepared by the attorney who prepared the preliminary title opinion in substantial conformity with the form set forth as § 155.15, within 14 days of the final plat being recorded. The attorney shall also sign the following statement on the face of the plat prior to filing:
 
I hereby certify that proper evidence of title has been presented to and examined by me, and I hereby approve this plat as to form and execution.
 
      (12)   Form for mortgage statement:
 
I hereby attest to the fact that there are no mortgages, other than shown, outstanding against any of the property in this subdivision.
Signed ___________________________________
   Subdivider
Dated _____________________________.
 
      (13)   Form for comparison by Administrative Officers:
 
Comparison with Preliminary Plat made this _____ day of _____________.
Signed _______________________________
   City Administrative Officer
 
      (14)   Form for approval by City Council:
 
Accepted and approved by the City Council of the City of Battle Lake, Minnesota, this ______ day or _____________, ___________.
Signed ____________________________
   Mayor Signed
Signed ____________________________
   City Clerk/Treasurer
 
      (15)   Form for approval by County Treasurer:
 
I hereby certify that the taxes for the year__________for the lands described within are paid.
Signed _______________________________
   County Treasurer
Dated ____________________________
 
      (16)   Form for approval by County Auditor:
 
No delinquent taxes and transfer entered. Dated__________
Signed ____________________________
   County Auditor Signed
Signed ____________________________
   Deputy Auditor
 
      (17)   Form for approval by County Recorder:
 
I hereby certify that the within instrument was filed in this office for record on the__________day of __________, at__________o’clock_____.M., and was duly recorded in Book of ____________________on page__________.
Signed _______________________________
   County Recorder Signed
Signed _______________________________
   Deputy Recorder
 
(Ord. passed 9-13-2016; Ord. passed 7-13-2021)
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