(A) Title and effective date. The official title of this chapter is the Subdivision Ordinance of the City of Dilworth, Minnesota. This Subdivision Ordinance shall become effective on May 26, 2015 and is referred to within this chapter as either the "Subdivision Ordinance," "chapter," or "Ordinance".
(B) Purpose. All divisions of land thereafter submitted to the city must fully comply with the regulations to:
(1) Provide for and guide the orderly, economic, and safe development of land, urban services, and facilities;
(2) Encourage well-planned, efficient, and attractive subdivisions by establishing adequate and impartial standards for design and construction;
(3) Provide for the health, safety, and general welfare of residents by requiring the necessary services such as properly designed streets and adequate wastewater and water service;
(4) Place the cost of improvements against those benefitting from their construction;
(5) Secure the rights of the public with respect to public lands; and
(6) Set the minimum requirements necessary to protect the public health, safety, and general welfare.
(C) Scope of legal authority.
(1) The rules and regulations governing plats and subdivision of land contained herein will apply within the boundaries of the city and within all unincorporated areas from the city's boundary for a distance of two miles as permitted by M.S. § 462.358. In the event of overlapping jurisdiction within the prescribed area, the extent of overlapping jurisdiction will be determined and agreed upon between the city and the other municipality or municipalities concerned. This title is not intended to repeal, annul, or in any way impair or interfere with existing provisions of other laws, ordinances, or with restrictive covenants running with the land except those specifically repealed by or in conflict with this chapter.
(2) The city has the power and authority to review, amend, and approve subdivisions of land already recorded in the office of the County Recorder if such plats are entirely or partially undeveloped.
(3) The plat will be considered to be entirely or partially undeveloped if it meets one or both of the following criteria:
(a) The plat has been recorded with the County Recorder without prior approval by the city where approval was required. This applies to all plats within the corporate limits and all plats filed after February 21, 1973, that fall within Dilworth's two mile subdivision jurisdiction.
(b) The plat has been approved by the city and the approval has been granted more than three years prior to granting a building permit on the partially or entirely undeveloped land and the subdivision or zoning regulations for the district in which the subdivision is located have been changed subsequent to the original final subdivision approval.
(D) Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare and to implement the Comprehensive Plan. The City Council and/or Planning Commission has the option, however, to deviate from the standards set forth herein as part of a preplanned, coordinated development project processed as a Planned Unit Development or land subdivision as governed by the Subdivision Ordinance. Moreover, as specified herein, developer's agreements approved by the city and the applicant may be utilized to accommodate special situations.
(E) Existing law.
(1) General. This Subdivision Ordinance is intended to compliment other local, state, and federal regulations that affect zoning and land use. This chapter is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this chapter are either more or less restrictive than comparable standards imposed by other public law, ordinance, or regulation, the provisions that are more restrictive or that impose higher standards or requirements, as determined by the city, shall govern.
(2) Private agreements. This Subdivision Ordinance is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this chapter shall govern. Regulations within this chapter shall not be construed to modify or repeal any private covenant, deed restriction, or agreement; however, such private covenant, restriction, or agreement shall not provide a means to avoid compliance with this chapter. The city is not obligated in any manner to enforce or administer provisions established within private covenants, agreements, or restrictions.
(F) Severability. If any section or provision of this chapter is declared by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part, thereof, other than the part so declared to be unconstitutional or invalid.
(G) Relation to the adopted Comprehensive Plan. Enforcement, amendment, and administration of this chapter will be accomplished with due consideration of the recommendations contained in the Comprehensive Plan for the City of Dilworth, Minnesota, as adopted and periodically amended by the Planning Commission and City Council. The City Council recognizes the Comprehensive Plan as the principle guidance for regulating land use and development in accordance with the policies and purpose set forth in this chapter.
(H) Authority. This chapter is enacted pursuant to authority granted by the Municipal Planning Act, M.S. §§ 462.351 to 462.363.
(I) Public purpose. Regulation of subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to this municipality. The developer has the duty of compliance with reasonable conditions laid down by the Planning Commission for design, dedication, improvement, and restrictive use of the land to conform to the physical and economic development of the city and to the health, safety, and general welfare of the future lot owners in the subdivision and of the community at large.
(Ord. passed - -)