§ 153.001 TITLE.

   These regulations shall officially be known, cited, and referred to as the subdivision regulations of Harris, Minnesota (hereinafter “regulations”).

(Ord. passed 1-23-2001)

§ 153.002 PURPOSES.

   These regulations are adopted for the following purposes.

   (A)   To protect and provide for the public health, safety and general welfare of the municipality.

   (B)   To guide the future growth and development of the municipality in accordance with the comprehensive plan.

   (C)   To establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land.

   (D)   To ensure that public facilities and services are available concurrent with development and will have a sufficient capacity to serve the proposed subdivision. In addition, the community will be required to bear no more than its fair share of the cost of providing facilities and services through requiring the developer to pay fees, furnish land, or establish mitigation measures to ensure that the development provides its fair share of capital facilities needs generated by the development.

   (E)   To encourage the orderly development of the community through appropriate growth management techniques assuring the timing and sequencing of development, promotion of infill development in existing neighborhoods and nonresidential areas with adequate public facilities, and to protect environmentally critical areas and areas premature for urban development.

   (F)   To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways and the pedestrian traffic movements appropriate to the various uses of land and buildings. To provide for the proper location and width of streets and building lines.

   (G)   To prevent the pollution of air and water resources including ground water; to assure the adequacy of drainage facilities; and to encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability, and beauty of the community and the value of the land.

   (H)   To provide for open spaces through the most efficient design and layout of the land.

   (I)   To ensure that land is subdivided only when subdivision is necessary to provide for uses of land for which market demand exists and which are in the public interest.

   (J)   To remedy the problems associated with inappropriately subdivided lands, including premature subdivision, excess subdivision, partial or incomplete subdivision, scattered and low-grade subdivision.

(Ord. passed 1-23-2001)

§ 153.003 STATUTORY AUTHORIZATION.

   This chapter is adopted pursuant to the authority contained in M.S. §§ 462.351 to 462.365, and Chapter 505, as they may be amended from time to time.

(Ord. passed 1-23-2001)

§ 153.004 JURISDICTION.

   (A)   These regulations apply to all subdivision of land, as defined in § 153.026 located within the corporate limits of the municipality or outside the corporate limits as provided by law.

   (B)   Exceptions. These regulations shall not apply to the following (other city or county ordinances and state laws may apply):

      (1)   Subdivisions creating cemetery lots;

      (2)   Transfers of small parcels in case of encroachments, road right-of-way, or utility easements; or

      (3)   Subdivisions resulting from court orders.

   (C)   No creation or conveyance of land shall be permitted by metes and bounds description or by reference to an unapproved registered land survey made after April 21, 1961, or to any unapproved plat, except if the land described:

      (1)   Was a separate parcel of record April 1, 1945, or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, which ever is later;

      (2)   Was the subject of a written agreement to convey entered into prior to that time;

      (3)   Was a separate parcel of not less than 2-1/2 acres in area and 150 in width on January 1, 1966;

      (4)   Was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980;

      (5)   Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is not less than 20 acres and having a width of not less than 500 feet.

   (D)   No owner, or agent of the owner, of any parcel of the land located in a proposed subdivision shall transfer, lease, or sell any part of the parcel before a final plat or a certified land survey of the subdivision has been approved by the city in accordance with the provisions of these regulations filed with the Chisago County recorder.

   (E)   No land described in this section shall be subdivided or sold, leased, transferred or developed until each of the following conditions has occurred in accordance with these regulations:

      (1)   The subdivider or agent has submitted the required plats and supporting documentation to the zoning administrator;

      (2)   The subdivider or agent has obtained approval of a metes and bounds survey or a sketch plat, a preliminary plat, a final plat, developers agreement and other supporting documents from the City Council; and

      (3)   The subdivider or agent files the approved plats with the Chisago County recorder.

   (F)   No building permit or certificate of occupancy shall be issued for any parcel or plat of land created by subdivision after the effective date of, and not in substantial conformity with, the provisions of these subdivision regulations. Further, no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations.

(Ord. passed 1-23-2001) Penalty, see § 153.999

§ 153.005 ENACTMENT.

   In order that land may be subdivided in accordance with these purposes and policies, these subdivision regulations are hereby adopted and made effective as of (the effective date of these regulations). All applications for subdivision approval, including final plats, pending on the effective date of these regulations shall be reviewed under these regulations. These regulations will not apply if preliminary plat approval was obtained prior to the effective date of these regulations and the subdivider has constructed subdivision improvements prior to submission of the final plat as required by the municipality.

(Ord. passed 1-23-2001)

§ 153.006 RESERVATION AND REPEALS.

   Upon the adoption of these regulations according to law, the subdivision regulations of the City of Harris adopted __________, as amended, are hereby repealed, except as to those sections expressly retained in these regulations.

(Ord. passed 1-23-2001)

§ 153.007 AMENDMENTS.

   For the purpose of protecting the public health, safety, and general welfare, the Planning Commission may from time to time propose amendments to these regulations which shall then be approved or disapproved by the City Council at a public meeting following public notice.

(Ord. passed 1-23-2001)