A. Purpose And Application: Each new subdivision becomes a permanent unit in the basic physical structure of the future community, a unit to which the future community will of necessity be forced to adhere. Piecemeal planning of such subdivisions, without correlation to the city plan, will bring a disconnected patchwork of plats and poor circulation of traffic. In order that new subdivisions will contribute toward an attractive, orderly, stable and wholesome community environment, adequate municipal services and efficient movement of traffic, all subdivisions hereafter platted within the jurisdiction of the city shall in all respects fully comply with the regulations hereinafter set forth in this chapter. The application provisions of this chapter shall be the minimum requirements adopted for the protection of the public health, safety and general welfare.
B. Territorial Limits Of Regulations And Scope:
1. The rules and regulations governing plats and subdivisions of land contained herein shall apply within the city and to land located within two (2) miles of its limits, when not within another municipality, to the extent allowed under state law. In the event of overlapping jurisdiction within such two (2) mile area, the extent of jurisdiction hereunder shall be determined and agreed upon between the city and the other municipality or municipalities concerned.
2. Except in the case of a resubdivision, these regulations shall not apply to any lot or lots forming a part of subdivision plats recorded in the office of the register of deeds of Morrison County prior to the effective date hereof, nor is it intended by these regulations to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those in conflict with these regulations or with private restrictions placed upon property by deed, covenant or other private agreement which are equal to or more restrictive, or with restrictive covenants running with the land to which the city is a party.
C. Definitions: For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this subsection:
ADMINISTRATOR: The person appointed as zoning administrator by the city council, as provided by this chapter.
BIKEWAY: A bicycle lane, path or route, regardless of whether it is designed for the exclusive use of bikes or is to be shared with other transportation modes.
BOULEVARD: The portion of the street right of way between the curb line and the property line.
BUILDING SETBACK LINE: The line within a lot, which establishes the minimum distance between the property line and the nearest portion of an enclosed structure.
BUTT LOT: A lot at the end of a block and located between two (2) corner lots.
CARTWAY: An easement for ingress and egress dedicated to public use, usually petitioned by a landowner who has no access to a public road, except over lands of another or has access of less than thirty three feet (33') wide. Generally privately constructed and maintained, with exceptions.
CITY: Statutory and home rule charter types of cities, per Minnesota statutes section 410. A statutory city is governed by statute and any special laws enacted for that city; a home rule charter city is governed by its charter, any special laws enacted for that city, and in some cases, general law addressed for statutory cities if not prohibited. Cities are divided, for legislative purposes, into classes as follows:
1. First Class: Over one hundred thousand (100,000) inhabitants;
2. Second Class: Twenty thousand one (20,001) to one hundred thousand (100,000) inhabitants;
3. Third Class: Ten thousand one (10,001) to twenty thousand (20,000) inhabitants; and
4. Fourth Class: Not more than ten thousand (10,000) inhabitants.
COMPREHENSIVE PLAN: The formal expression of a community's social and economic goals portrayed graphically and/or in writing, showing the community's desirable future development, the projected uses of private land, and the general location and extent of proposed public facilities.
DEVELOPER'S AGREEMENT: A contract that the city may enter into with a landowner or developer in the subdivision process that details how associated infrastructure and other subdivision ordinance requirements will be accomplished.
DEVELOPMENT: The performance of any building or mining operations, the making of any material change in the use of any structure or land, the parceling of land into one or more lots, tracts or parcels, and the creation or termination of rights of access or riparian rights.
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. Public easements created on the plat shall be limited to public utilities, drainage and/or public way easements defined as follows:
Drainage Easement: An easement for purposes of controlling, preserving and providing for the flow of water.
Public Way Easement: A thoroughfare or cul-de-sac, which provides ingress and egress to the public.
Utility Easement: An easement conveyed, granted or dedicated to the public for utility purposes.
FINAL PLAT: The final plat, drawing or chart prepared by a registered land surveyor on which the subdivision plan of subdivision is presented to the city for approval and which, if approved, will be submitted to the register of deeds or the registrar of titles.
LOT: A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds, for the purpose of sale or lease or separate use thereof.
LOT LINE OR BOUNDARY LINE ADJUSTMENT: A process that allows for changes in property lines through the attachment of land to a contiguous lot, tract or parcel, provided any residual tract or any existing structure complies with the provisions of city code.
METES AND BOUNDS SUBDIVISION: A description of real property prepared by a land surveyor registered in the state of Minnesota, which is not described by reference to a lot or block shown on a map or a recorded plot, but is described by starting at a known point and describing the bearing and distances of the lines forming the boundaries of the property.
MINIMUM SUBDIVISION DESIGN STANDARDS: The guides, principles and specifications for the preparation of subdivision plans, indicating, among other things, the minimum and maximum dimensions of the various elements set forth in the preliminary plan.
MINOR SUBDIVISION: A subdivision of land of small size and minor importance with well defined conditions.
NONREGISTERED LAND: Land which has not been registered with the Morrison County registrar of titles. "Nonregistered land" is commonly called "abstract land" because the evidence of ownership is typically contained in a document called an "abstract of title" prepared by a licensed abstract company.
OWNER: Any individual, firm, association, syndicate, copartnership, 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.
PARK: Public land and open spaces in the city dedicated or reserved for recreation purposes.
PEDESTRIANWAY: The right of way across or within a block for use by pedestrian traffic, whether designated as a pedestrianway, crosswalk or however otherwise designated.
PLANNED UNIT DEVELOPMENT (PUD): A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, timeshare condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses. Does not include a duplex where specifically allowed in a zoning district on a single parcel of land.
PLANNING COMMISSION: The planning commission of the city.
PRELIMINARY PLAT: The preliminary map, drawing or chart prepared in accordance with this chapter indicating the proposed layout of the subdivision to be submitted to the planning commission and city council for their consideration.
PROTECTIVE COVENANTS: Contracts entered into between persons, which constitute a restriction of the use of all private property within a subdivision for the benefit of the property owners, and to provide mutual protection against undesirable aspects of development, which would tend to impair stability of values.
PUBLIC RECREATION SPACE: An area dedicated to the public for recreational purposes and transferred by recorded deed to the city of Little Falls. "Public recreation space" shall not include those areas dedicated for streets, rights of way, easement, wetland preservation, drainage ponds and other nonrecreational purposes.
PUBLIC WAY: A highway, street, avenue, road, cul-de-sac, alley, trail, or other land donated for public use which provides ingress and egress to the public.
REGISTERED LAND: Land which has been filed and registered with the Morrison County registrar of titles. Land ownership is evidenced by a certificate of title, issued by the county registrar of titles. "Registered land" is commonly called "Torrens land". The owner of registered land is sometimes said to have "Torrens title".
REGISTERED SURVEYOR: A surveyor registered with the Minnesota state board of registration for professional engineers and surveyors to practice professional surveying in the state of Minnesota.
SIGNIFICANT HISTORIC SITE: Any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota statutes section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota historical society. All unplatted cemeteries are automatically considered to be significant historic sites.
SKETCH PLAN: A plan drawn to scale used for planning and discussion purposes only.
STREETS AND ALLEYS:
Alley: A minor way for vehicular traffic, which is not owned and maintained by the city.
Collector Street: A street which carries traffic from minor streets to thoroughfares. It includes the principal entrance streets of a residential development.
Cul-De-Sac: A minor street with only one outlet and having a turnaround.
Half Street: A public right of way having only half the required width specified in subsection 12.06C9 of this chapter.
Marginal Access Street: A minor street which is parallel and adjacent to a thoroughfare and which provides access to abutting properties and protection from through traffic.
Minor Street: A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood.
Private Street: A way for vehicular traffic which is not owned and maintained by the city.
Street: A right of way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, land, land and place, or however otherwise designated.
Street Width: The shortest distance between the lines delineating the right of way of a street.
Thoroughfare: A street where heavy volumes of fast moving vehicles are provided for. The streets have considerable continuity and are used primarily as a traffic artery for intercommunication among large areas.
SUBDIVIDER: Any person commencing proceedings under this chapter to effect a subdivision of land hereunder for him/her or another.
SUBDIVISION: The separation of an area, parcel or tract of land under single ownership into two (2) or more parcels, tracts, lots or long term leasehold interests where the creation of a leasehold interest necessitates the creation of streets, roads or alleys for residential, commercial, industrial or other use, or any combination thereof, except those separations:
1. Where all the resulting parcels, tracts, lots or interests will be twenty (20) acres or larger in size and five hundred feet (500') in width for residential uses, and five (5) acres or larger in size for commercial and industrial uses;
2. Creating cemetery lots;
3. Resulting from court orders or the adjustment of a lot line by the relocation of a common boundary.
The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
TOWN AND TOWNSHIP: Are used interchangeably in Minnesota law. Towns are based on the congressional township, generally thirty six (36) square miles. Organized towns are the primary local government unit for unincorporated areas. Urban towns are those towns that have been granted some of the same powers as statutory cities.
WAIVER OF SUBDIVISION: A waiver granted to an applicant seeking to divide a platted lot into one or more separately described lots or parcels, or consolidate two (2) or more such platted lots or parts thereof into one or more lots or parcels in a subdivision plat on file and of record in the office of the recorder or register of deeds or registrar of titles of Morrison County wherein the subdivision or consolidation:
1. Involves platted properly; and
2. Involves lots all in the same subdivision; and
3. All lots meet the minimum requirements of the city code.
D. Rules:
1. Unless approved as a final plat as provided herein, no subdivision shall be entitled to recordation in the office of the register of deeds or have any validity; and the building/zoning official shall not issue building permits for any structure on a lot in any proposed subdivision. The city council shall not permit any public improvements to be installed unless the preliminary plat is approved and shall not furnish services until approval of the final plat.
2. Any owner or agent of the owner of land who conveys a lot or parcel in violation of this chapter, subject to modification under section 12.09 of this chapter, shall forfeit and pay to the city a penalty of not less than one hundred dollars ($100.00) for each lot or parcel so conveyed. A municipality may enjoin such conveyances or may recover such penalty by a civil action in any court of competent jurisdiction. (Ord. 10, 6th Series, eff. 3-2-2009)