(A) Conformance to applicable rules and regulations.
(1) The subdivision standards contained in this chapter exist to ensure that the improvements, reservations and design of developments will conform to minimum requirements while promoting the health, safety and general welfare of the public.
(2) In addition to these regulations and to ensure that future developments are consistent with land use goals, objectives, and policies of the city, subdivisions shall conform to the Byron Comprehensive Plan, Zoning Code, Building Code, and Engineering Specifications.
(3) All subdivision plats also shall comply with all applicable statutory provisions, rules and regulations of the State of Minnesota.
(B) Land suitability.
(1) Land which the City Council finds to be unsuitable for subdivision or development due to flooding, severe soil erosion potential, improper drainage, or other soil related problems or other features which will reasonably be harmful to the safety, health or general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the applicant and approved by the City Council upon recommendation of the City Engineer to solve the problems created by the unsuitable land conditions. Such land shall be set aside for land uses that shall not involve such a danger.
(2) Flood prone areas.
(a) The City Council may, when it deems it necessary for the health, safety or welfare of the present and future population of the area and necessary to the conservation of water, drainage, and sanitary facilities, prohibit the subdivision of any portion of land which lies within a flood prone area as identified by an applicable engineering study or by Flood Insurance Rate Maps (FIRM) for the City of Byron prepared by the Federal Emergency Management Agency (FEMA) if available. These flood prone areas shall be preserved from any and all destruction, damage, or alteration which restricts flow or changes the direction of flow and substantially changes the location of flooding, as required by the Zoning Code.
(b) All subdivisions shall have vehicular access both to the subdivision and to the individual building sites no lower than two feet below an elevation established by an engineering study of the area or the regulatory flood protection elevation if available.
(c) All buildable lots created within the flood prone area shall contain a building site located above an elevation established by an engineering study of the area or at or above the regulatory flood protection elevation if available.
(C) Exceptions to design standards. The City Council may authorize a modification or exception to the design standards listed in this section in order to permit reasonable subdivision of property as recommended by city staff based on characteristics unique to the property. These conditions may include, but are not limited to, natural features (topography, wetlands, floodplain, etc.), presence of major utilities (high pressure gas main), and size of subdivision.
(D) Self-imposed restrictions. If the applicant places restrictions on any of the land contained in the subdivision greater than those required by the Zoning Code or these regulations, such restrictions or reference thereto shall be required to be submitted with the preliminary plat and in a document attached to the final plat. The City Council shall require that restrictive covenants be recorded with the County Recorder.
(E) Design statement. The city shall encourage site planning for subdivisions and other development covered by this chapter that is well organized and will be a livable and/or productive space that supports the needs and activities of the people of each subdivision and the people of Byron.
(1) In order to accomplish such an objective, applicants will need to follow a reasonable site planning process that includes, but is not limited to:
(a) Recognition of the need for responsible and sensitive site planning;
(b) Collection of information regarding manmade and natural features and analysis of the locality;
(c) Organization of the site and surrounding area, including land use and density of development;
(d) Movement to, from and within the site;
(e) Appearance or attractiveness of the site plan-design;
(f) Analysis of the development when completed and occupied, including streets, housing types and environmental conditions to see if it works as envisioned; and
(g) Consideration of future site management.
(2) Finally, the subdivision design should reflect certain basic elements of sound development, including:
(a) Preservation of the character of the land;
(b) Economy of construction;
(c) Inclusion of special facilities;
(d) Variation in design;
(e) Privacy and sociability; and
(f) Individual lot sizes that are practicable and desirable.
(F) Standards. In addition to the principles and standards listed in this division, which are appropriate to the planning of all subdivisions, the applicant for a nonresidential subdivision shall demonstrate to the satisfaction of the City Council that the street, lot, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:
(1) Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated;
(2) Special requirements may be imposed by the city for street, gutter and sidewalk design and construction and for the installation of public utilities, including water, sewer, and storm water drainage.
(Ord. 2023-02, passed 5-9-23)