(A) General. The following land subdivision principals, standards and requirements will be applied by the city in evaluating plans for proposed subdivisions.
(1) The proposed subdivision shall conform to the city’s comprehensive plan.
(2) Land shall be suited to the purpose for which it is to be subdivided. No preliminary plat shall be approved if the site is not suitable for purposes of the kind proposed by reason of potential flooding, topography, or adverse earth or rock formation.
(3) Land subject to hazards to life, health or property shall not be subdivided for residential purposes until all hazards have been eliminated or unless adequate safeguards against hazards are provided by the subdivision plan.
(4) Proposed subdivisions shall be coordinated with existing nearby municipalities or neighborhoods so that the community as a whole may develop harmoniously.
(5) In the subdividing of any land, regard shall be shown for all natural features, such as tree growth, watercourses, historic spots, or similar conditions, which if preserved will add attractiveness and stability to the proposed development.
(B) Character of the land.
(1) Land that the city finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features that will reasonably be harmful to the safety, health, and 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 developer and approved by the City Council, upon recommendation of the city engineer, to solve the problems created by the unsuitable land conditions. The land shall be set aside for uses as shall not involve any danger to public health, safety, and welfare.
(2) The following areas are unsuitable for land development:
(a) Flood plain areas. No land shall be subdivided in designated flood plain areas or areas that may be subject to flooding unless the proposed subdivision complies with the city’s flood plain regulations or standards of the Federal Emergency Management Authority (FEMA).
(b) Areas of high ground water or groundwater recharge. Soils that are characterized by high ground water tables are generally unsuitable for residential development. Soils with known ground water tables or mottled soils within one foot of the surface are unsuitable for residential development. Lots within a plat may contain areas of these soil types. However, each lot shall contain at least 20,000 square feet and adequate driveway area of suitable soils to facilitate building site development.
(3) Wetlands. Land as delineated and classified under provided in the Wetland Conservation Act of 1991, being M.S. Chapter 103F, shall not be developed unless the proper sequencing process has occurred.
(C) Agriculturally important lands.
(1) The Planning Commission shall consider the values of agriculturally important lands when making its recommendation on a plat. The land capability classification system of the Natural Resources Conservation Service shall be used as a guide to determine agriculturally important land.
(2) In making its recommendation, the Planning Commission may take into consideration, but not be limited to, the following criteria or designated areas:
(a) Farmability of parcel. The size, shape, slope, soil quality, topographic limits and vegetative cover should be considered. Generally, parcels that are small oddly shaped, steeply sloping and with poor soils and wooded could be considered for subdivision approval.
(b) Proximity to established non-farm population. The plat may be favorably considered if the parcel is located next to, or within, an urbanizing area, or if the parcel is surrounded by conforming non-farm uses.
(c) Compatibility with surrounding uses. The plat should not be favorably considered if the proposed subdivision plat is surrounded by conforming agricultural uses.
(d) Distance from agricultural operations. Plats should not be approved when located too near an existing animal or commercial feedlot as defined under the city’s zoning regulations.
(e) Shoreland areas. Plats in shoreland areas, may be favorably considered.
(f) Manmade or physical barriers. Plats may be favorably considered in areas where manmade or physical features act as barriers to an agricultural use.
(D) Conformance to applicable rules and regulations. In addition to the requirements established in these regulations, all subdivision plats shall comply with the following laws, rules, and regulations:
(1) The city’s zoning regulations, building codes, engineering standards and all other applicable laws of the appropriate jurisdictions;
(2) Any adopted official maps, public utilities plans, and the capital improvements program of the city;
(3) All applicable statutory provisions; and
(4) The requirements and rules of the Minnesota Health Department, Minnesota Department of Natural Resources, the Minnesota Department of Transportation, the Minnesota Pollution Control Agency or other applicable state or federal agencies.
(E) Adequate public facilities. No preliminary plat shall be approved unless the City Council determines that public facilities will be adequate to support and service the area of the proposed subdivision. The applicant shall, at the request of the city, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities by possible uses of the subdivision. Periodically, the city may establish additional guidelines for the determination of the adequacy of public facilities and services. Public facilities and services to be examined for adequacy will include streets and public transportation facilities, sanitary sewer, stormwater, and water service as follows:
(1) Comprehensive plan consistency required. Proposed public improvements shall conform to and be properly related to the city’s comprehensive plan and all applicable capital improvements programs.
(2) Wastewater. All habitable buildings and buildable lots shall be served by an approved means of wastewater collection and treatment.
(3) Water. All habitable buildings and buildable lots shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, or an approved private water system.
(4) Stormwater management. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding. The city may require the use of control methods such as retention or detention, and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments.
(5) Streets. Proposed streets shall provide a safe, convenient, and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development.
(6) Extension policies. All public improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, electric and other utility lines, and telecommunications lines shall be constructed through new development to promote the logical extension of public infrastructure. The city may require the applicant of a subdivision to extend offsite improvements to reach the subdivision or oversize required public facilities to serve anticipated future development as a condition of plat approval.
(F) Self-imposed restrictions. If the owner places restrictions on any of the land contained in the subdivision greater than those required by the zoning regulations or these regulations, the restrictions or reference to those restrictions may be required to be indicated on the subdivision plat, or the City Council may require that restrictive covenants be recorded with the Chisago County recorder’s office in a form to be approved by the city attorney. When allowed by law, the subdivider shall grant to the city the right to enforce restrictive covenants.
(G) Plats straddling municipal boundaries. Whenever access to the subdivision is required across land in another municipality, the City Council or the Planning Commission may request assurance from the developer that the access road is adequately improved, or that a guarantee has been duly executed and is sufficient in amount to assure the construction of the access road. In general, lot lines should be laid out so as not to cross municipal boundary lines.
(H) Subdivision name. The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the city. The City Council shall have final authority to designate the name of the subdivision, which shall be determined at sketch plat approval.
(Ord. passed 1-23-2001) Penalty, see § 153.999