(A) Land suitability.
(1) No land shall be subdivided which is held unsuitable for the proposed use by the City Council by reason of flooding, inadequate drainage, soil or rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or other features likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or of the community.
(2) The City Council in applying the provisions of this section shall in writing recite the particular facts upon which it bases its conclusions that the land is not suitable for the proposed use and afford the subdivider an opportunity to present evidence regarding the suitability at a public hearing.
(3) Thereafter the City Council may affirm, modify, or withdraw its determination of unsuitability.
(B) Design standards.
(1) Generally. All subdivision layouts shall be developed in proper relation to existing and proposed streets, topography, surface water, vegetation cover, other natural features, and the most advantageous development of adjoining areas.
(2) Lot size.
(a) Lots within a plat shall be of a size and shape to satisfy the requirements of § 152.06(A)(1) and (2).
(b) The shape of individual lots may render portions unusuable for installing private sewage disposal systems or providing adequate separating distances between them and watercourses or water wells. Therefore, any part of a lot less than 30 feet wide shall not be used in computing the minimum lot area.
(3) Public streets.
(a) Public streets shall be designed and located to take into account:
1. Existing and planned streets;
2. Topographic conditions including the bearing capacity and erosion potential of the soil;
3. Public convenience and safety, including facilitating fire protection, snow plowing, and pedestrian traffic;
4. Requirements of public facilities;
5. The proposed uses of land to be served;
6. Anticipated traffic volumes; and
7. Further resubdivision possibilities.
(b) Width. Public streets shall be of the right-of-way and surface width specified by the city engineer and approved by the City Council.
(c) Construction standards. Where there are no local road standards, the minimum standards of the Minnesota Department of Highways shall apply. The subdivider shall grade the roadbeds in the roadway width to subgrade and shall surface all roadways to the width prescribed by the regulations.
(d) Sale of lands abutting on private way. No person shall sell any parcel of land in a subdivision located in shoreland areas if it abuts on a road which has not been accepted as a public road unless the seller informs the purchaser in writing of the fact that the road is not a public road and is not required to be maintained by the town or county.
(4) Storm drainage.
(a) Storm drainage facilities, where required, shall be designed to permit the unimpeded flow of natural watercourses; ensure the drainage of all points along the line of streets; and provide positive drainage away from on-site sewage disposal systems.
(b) In designing storm drainage facilities, special consideration shall be given to protection against shoreland erosion and siltation of surface waters and preventing excess run-off adjacent property.
(5) Water supply facilities. Where there is an existing public water supply system on or near the subdivision, the local municipality furnishing the service and the City Council shall determine the feasibility of service and the requirements to be followed by the subdivider in connection to the system. Where there is no existing public water supply, individual water supply systems will be permitted in accordance with the minimum standards and regulations of the Department of Health.
(6) Sanitary sewerage.
(a) In areas that have a sanitary sewage system on or near the proposed subdivision, the local municipality furnishing this service and the City Council shall determine the feasibility of service and the procedures to be followed by the subdivider in joining the system.
(b) In areas that are not to be served by sewage systems, on-site sewer disposal systems utilizing septic tank and soil absorption fields will be permitted only where soil borings and percolation tests indicate the systems will function adequately and safely. Disposal systems shall be constructed to meet the requirements of the city sewage disposal regulations, and any state and local requirements. The subdivider shall carry out sufficient soil borings and percolation tests to adequately portray the character of the soil, ground water levels, and depth of bedrock. Each lot shall have at least 50% of its area free of all of the limiting conditions set forth in § 53.060 et seq. of the city sewage disposal regulations.
(c) The City Council may prohibit the installation of sewage disposal facilities utilizing septic tanks and soil absorption fields where the systems would impair water quality, and the City Council may require alternative methods of waste treatment and disposal including, but not limited to, biological and/or tertiary treatment plants, or incinerator or chemical toilets.
(d) Plans for private sewage disposal systems not utilizing septic tank and soil absorption fields, as specified in division (B)(6)(c) above, shall be approved in writing by the Minnesota Pollution Control Agency or Minnesota Department of Health. The subdivider shall clearly indicate on the face of the plat and in any deed of conveyance that septic tank and soil absorption fields are not to be used.
(Prior Code, § 1001.01) Penalty, see § 10.99