(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.
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(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)