CHAPTER 152: SUBDIVISION CONTROL
Section
   152.01   Purpose
   152.02   Legal authority
   152.03   Compliance
   152.04   Savings clause
   152.05   Exemptions
   152.06   Definitions
   152.07   Platting procedures
   152.08   Platting presentation requirements
   152.09   Plat design standards
   152.10   Required improvements
   152.105   Dedication requirements
   152.1051   Protected areas and tree preservation
   152.11   Metes and bounds standards
   152.12   Administration
   152.13   Fees
 
   152.99   Enforcement and penalties
   Appendix I:   Preliminary Title Opinion
   Appendix II:   Final Title Opinion
   Appendix III:   Minimum Road Standards
§ 152.01 PURPOSE.
   (A)   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. The provisions of this chapter shall not be in effect until the provisions of Chapter 151, Zoning, become effective, as provided in §§ 151.01 (B) and 151.05. If the city has in effect as of the effective date of this chapter, any ordinances regulating the subdivision of land within shorelands or floodplains, the provisions of those ordinances shall supersede the provisions of this chapter within the areas regulated. The provisions of this chapter shall not be in effect until a certified copy of this chapter is filed with the County Recorder as required by M.S. § 462.36, as it may be amended from time to time.
   (B)   Minimum design features. The design features set forth in this chapter are minimum requirements. The city may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering the property being subdivided.
   (C)   Zoning ordinance and zoning map consistency. Subdivisions and preliminary or final plats may only be approved if they are consistent with the city’s zoning ordinance and official zoning maps, if any.
§ 152.02 LEGAL AUTHORITY.
   This chapter is enacted pursuant to M.S. § 462.358, as may be amended from time to time.
§ 152.03 COMPLIANCE.
   (A)   Any subdivision creating parcels, tracts, or lots which results in one or more parcels, tracts or lots of less than five acres shall be platted, except as provided in this chapter.
   (B)   The provisions of M.S. Ch. 505 shall prevail over any inconsistent provisions in this chapter.
   (C)   No conveyance other than those described in division (A) above, shall be recorded unless it meets the requirements of § 152.11 herein.
   (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, lakes, rivers, streams or other public waters 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 Clerk.
   (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.
§ 152.04 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 Minnesota 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.
§ 152.05 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 unattached 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 five acres, as provided in § 152.03(A), 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.
§ 152.06 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 and MUST are 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 OFFICER. The Clerk of the City or another person appointed by the City Council to administer this chapter.
   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.
   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 adopted by ordinance by the City Council as provided in § 152.13.
   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.
   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, if the city has a 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.
   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/herself or for another.
   SUBDIVISION. A parcel of land which is divided.
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