Section
General Provisions
152.01 Short title
152.02 Purpose
152.03 Compliance
152.04 Rules and definitions
152.05 Procedures
152.06 Premature subdivisions
152.07 Disqualification/denial of plats
Platting and Design Procedures
152.20 Data for sketch plan
152.21 Data for preliminary plat
152.22 Data for final plat
152.23 Data for minor subdivision
152.24 Subdivision design standards
152.25 Easements
152.26 Dedication of land
152.27 Open space
152.28 Improvements required
Administration and Enforcement
152.40 Variances/waivers
152.41 Filing and recording
152.42 Registered land surveys
152.43 Building permits
152.44 Amendments/repeal
152.99 Violations and penalty
GENERAL PROVISIONS
This chapter is adopted in order to safeguard the best interests of the city and to assist the subdivider in harmonizing the subdivider's interests with those of the city at large. Because each new subdivision becomes a permanent unit in the basic structure of the expanding community, and to which the community will be forced to adhere, and because piecemeal planning of subdivisions will bring on undesirable, disconnected patchwork or pattern and poor circulation of traffic unless its design and arrangement is correlated to a comprehensive plan of the city aiming at a unified scheme of community interests, all subdivisions of land hereafter submitted for approval to the city and the Planning Commission shall, in all respects, fully comply with the regulations hereinafter set forth in this chapter. It is the purpose of this chapter to make certain regulations and requirements for the platting of land within the city to provide for health, safety, and the general welfare and to:
(A) Provide for and guide the orderly, economic and safe development of land and urban services and facilities;
(B) Encourage well planned, efficient and attractive subdivision by establishing adequate standards for design and construction;
(C) Facilitate adequate provision for streets, transportation, city water, city sewer, storm drainage, schools, parks, playgrounds, and other public services and facilities;
(D) Assure that a reasonable portion of any proposed subdivision is dedicated to the public or preserved for public use as streets; roads, sewers; electric; gas and water facilities; storm water drainage and holding areas or ponds; and similar utilities and improvements;
(E) Assure the public improvements are constructed to adequate standards;
(F) Place the cost of improvements against those benefiting from their construction;
(G) Secure the rights of the public with respect to public lands and waters;
(H) Assure the new subdivisions are consistent with the Comprehensive Plan, the Growth Development Plan, and overall development objectives of the city;
(I) Achieve a more secure tax base; and
(J) Set the minimum requirements necessary to protect the public health, safety, and general welfare.
(Ord. 78A, passed 8-22-1985; Am. Ord. 2006-193, passed 4-27-2006)
(A) The owner, or agent of the owner, of any parcel of land located in a proposed major/minor subdivision shall not transfer ownership of the parcel before a plat or certificate of survey of the subdivision has been approved by the City Council and has been filed with the Registrar of Deeds of the county.
(B) No plat or certificate of survey shall be filed with the Registrar of Deeds, which does not bear the signatures of the Mayor and Clerk/Administrator of the city.
(C) Proof of all recordings with the county shall be provided by the owner to the Clerk/Administrator of the city within ten working days after the filing with the County Recorder.
(D) All recordings shall be subject to any other additional requirements mentioned elsewhere in this chapter.
(Ord. 78A, passed 8-22-1985; Am. Ord. 2006-193, passed 4-27-2006) Penalty, see § 152.99
(A) Rules.
(1) Words used in the present tense include the past and future tense; the singular number includes the plural and the plural includes the singular; the word “shall” is mandatory, and the words “should” or “may” are permissive.
(2) In the event of conflicting provisions in the text of this chapter, the more restrictive shall apply.
(B) Definitions. The following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE REVIEW COMMITTEE. A committee composed of the public works director, city engineer, city planner, city building official, police and fire chiefs, zoning administrator, and other appropriate city officials appointed by the City Clerk/Administrator. The chairperson of the committee shall be the Zoning Administrator or his/her designee.
ALLEY. Any dedicated public way affording a secondary means of vehicular access to abutting property, and not intended for general traffic circulation.
ATTORNEY. The attorney employed by the city unless otherwise stated.
BLOCK. The enclosed area of land within a plat, consisting of one or more lots, which area is normally bounded by streets, or an exterior boundary of the plat, a river, lake, or park or a combination of such boundaries or features.
BOULEVARD. The portion of the street right-of-way between the curb line and the property line.
BUILDING. Any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind.
BUILDING SETBACK. The minimum horizontal distance from the street right-of-way, as prescribed in the Zoning Ordinance.
CALIPER INCHES. See Stem Caliper and Stem Diameter.
CERTIFICATE OF SURVEY. A document prepared by a Registered Land Surveyor which precisely describes area, dimensions and location of a parcel or parcels of land.
COMMON INTEREST COMMUNITY. A contiguous or noncontiguous real estate within Minnesota that is subject to an instrument which obligates persons owning a separately described parcel of the real estate, or occupying a part of the real estate pursuant to a proprietary lease, by reason of their ownership or occupancy, to pay for (a) real estate taxes levied against; (b) insurance premiums payable with respect to; (c) maintenance of; or (d) construction, maintenance, repair or replacement of improvements located on one or more parcels or parts of the real estate other than the parcel or part that the person owns or occupies (M.S. § 515B.1-103).
COMMUNITY. The City of Lonsdale.
COMPREHENSIVE PLAN. A compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both public and private, of the municipality and its environs, as defined in M.S. § 462.352, subd. 5, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points of equal elevations. Contour interval is the vertical height between contour lines.
CONCEPT PLAN. A sketch drawing or map which depicts a proposed subdivision indicating lot layouts, streets, use, relationship to surrounding area, generalized natural features, easements, and any requested zoning change and other information required by this chapter for review by the city.
CONVEYANCE. The sale, trading, donation or offer of sale or other transfer of land.
COPY. A print or reproduction made from a tracing.
COUNTY. Rice County, Minnesota.
COUNTY RECORDER. The County Recorder, who is also the Registrar of Titles, when referring to the abstract or the Torrens systems in Rice County.
CRITICAL ROOT ZONE OF A TREE. The area of a circle around a significant tree with a radius that is equal to one and a half feet for every inch in stem diameter.
CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DESIGN STANDARDS. The specifications to landowners or subdividers for the preparation of preliminary and final plats indicating, among other things, the optimum, minimum or maximum dimensions of such items as right-of-ways, blocks, easements, and lots.
DEVELOPER. A person, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision of the state having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter. This shall be synonymous with subdivider.
DEVELOPMENT. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining excavation, landfill or land disturbance, and any use or extension of the use of land.
DRAINAGE COURSE. A watercourse or surface area for the drainage or conveyance of water, including channel, creek, ditch, drain, river, and stream.
EASEMENT. A grant by a property owner for the use of land for the purpose of constructing and maintaining access, drainage or utilities, including but not limited to, wetlands, ponding areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewers or storm drainage ways, gas lines, cable television lines, conservation, and pedestrian trails.
ENGINEER. The person or persons, individual or corporate, designated from time to time by the City Council as the City Engineer.
ESCROW. A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond.
GOVERNING BODY. The City Council.
KEY MAP. A map drawn to comparatively small scale, which definitely shows the area, proposed to be platted and the areas surrounding it to a given distance.
LOT. A separate parcel, tract or area of land undivided by any public street or private street or public road, which has been established by plat, metes and bounds subdivision, or as otherwise permitted by law, and which, is occupied by or intended to be developed for and occupied by a principal building, or group of buildings, and accessory buildings, or utilized for a principal use and uses accessory thereto, including such open spaces, and yards as are designed and arranged or required by this chapter for the building, use or development.
LOT, AREA. The area of a horizontal plane bounded by the front, side or rear lot lines, but not including any area occupied by the public rights-of-way.
LOT, BUTT. A lot at the end of a block and located between two corner lots.
LOT, CORNER. A lot abutting upon two or more streets at their intersection, or upon two parts of the same street, the streets or parts of the same street forming an interior angle of less than 135 degrees.
LOT COVERAGE. That portion or percentage of a lot, which may be covered by impervious surfaces.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot lines. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
LOT DOUBLE FRONTAGE. A lot, which has a front line abutting on one street and a back or rear line abutting on another street.
LOT LINE. The property line bounding a lot, except that where any portion of a lot extends into the right-of-way or proposed public right-of-way, the line of the right-of-way shall be the lot line.
LOT LINE, FRONT. The lot line separating a lot from a street right-of-way. In case of a corner lot it shall be the boundary with the shortest dimension on the street. In the case of lots with more than two street frontages, the front line shall be the lot line having the legal street address.
LOT LINE, REAR. The lot line which is parallel to and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line 20 feet in length, entirely within lots, parallel to and at the maximum possible distance from the front lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line. A SIDE LOT LINE separating a lot from a street is called a side street lot line. A SIDE LOT LINE separating a lot from another lot or lots is called an interior side lot line.
LOT, WIDTH. The horizontal distance between the side lot lines of the lot, measured parallel to the front line of the lot at the setback line.
METES AND BOUNDS DESCRIPTION. A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point
and describing the bearing and distances of the lines forming the boundaries of the property or delineates a fractional portion of a section, lot or area by describing lines or portions thereof.
OFFICIAL MAP. The map established by the City Council in accordance with state statutes showing streets, highways, and parks and drainage, both existing and proposed.
OUTLOT. An unbuildable parcel of land delineated upon and thereafter described by reference to a plat, registered land survey or auditor's subdivision, or other similar recorded dedicatory document, unless resubdivided as new lots in a new subdivision.
PARKS, PLAYGROUNDS, AND PUBLIC OPEN SPACE. The public land and open spaces in the city dedicated and owned by the city to be reserved for recreation or conservation purposes.
PEDESTRIAN WAY. A public right-of-way across or within a block intended to provide access to be used by pedestrians and others, which may be used for the installation of utility lines. PEDESTRIAN WAYS include sidewalks and trails for bicycle and pedestrian traffic.
PLANNING COMMISSION OR COMMISSION. The Planning and Zoning Commission of the city appointed by the City Council.
PLANNED UNIT DEVELOPMENT. A tract of land planned and developed to encourage a more creative and efficient development of land, while at the same time meeting the standards and purposes of the Comprehensive Plan for preserving the health, safety and welfare of the city, to allow for a mixture of residential units or residential and commercial units in an integrated and well-planned area and to ensure the concentration of open space into more usable areas and preservation of natural resources of the site including wetlands, steep slopes, vegetation, and scenic areas.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. Ch. 505, as it may be amended from time to time, and containing all elements and requirements set forth in applicable local regulations adopted pursuant to M.S. § 462.358 and M.S. Ch. 505, as they may be amended from time to time.
PLAT, FINAL. The final map, drawing or chart on which the subdivider's plan of subdivision is presented for approval and which, if approved and properly executed, will be submitted to the county recorder. Such plat must conform to all state, county and city laws.
PLAT, PRELIMINARY. The preliminary map, drawing or plan indicating the proposed lay out of the subdivision to be submitted to the Planning Commission and City Council for their consideration, including required data.
PROTECTIVE COVENANTS. Contracts entered into between private parties and constituting a restriction on the use of 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. Because these covenants are between private parties, the city undertakes no liability or responsibility for their enforcement.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, street, sanitary sewer, storm sewer, water system, sidewalk, pedestrian way, tree, lawn, off-street parking area, street lights, lot improvement or other facility for which the city may ultimately assume ownership, responsibility for maintenance and operation, or which may affect an improvement, for which local government responsibility is or may be established.
REPLACEMENT TREE. A tree planted as part of the tree replacement plan, which must be at least three caliper inches measured 12 inches from the ground and which otherwise meets the requirements of this section, except bur oak, swamp white oak, pagoda dogwood, ironwood, and similar trees accepted by the city which may be one a quarter caliper inches. A coniferous tree seven feet high will meet the three minimum caliper inches required.
RIGHT-OF-WAY. The publicly owned land along a street or highway corridor, a portion of which is intended to be occupied or which is occupied by the street or highway pavement, alley, trail, utility lines, oil or gas pipeline, railroad lines, storm sewer, or other similar use.
STEEP SLOPE. An 18% or greater deviation of a surface from the horizontal.
STEM CALIPER. The diameter of a tree measured at six inches above the ground for stems less than or equal to four inches and at 12 inches for stems greater than four inches in diameter.
STEM DIAMETER (caliper inches, trunk diameter). The diameter of a tree measured usually at four and a half feet above the ground. For trees that branch at or below four and a half feet above the ground but above one foot, stem diameter is measured at the smallest point below four and a half feet. Trees that branch below one foot will be considered to have multiple stems and the diameter of the tree will equal the sum of the diameters of each stem.
STREET. A public-right-of-way accepted or a private right-of-way approved pursuant to the requirements of the city, by public authority, which provides a legal primary means of public access to abutting property. The term STREET shall include a highway, thoroughfare, arterial, parkway, collector, avenue, drive, circle, road, boulevard, or any other similar term describing an entity complying with the preceding requirements.
STREET, ARTERIAL. A street or highway with access restrictions designed to carry large volumes of traffic between various sections of the city and beyond.
STREET, COLLECTOR. A street, which carries traffic from local streets to the major system of arterials, and highways. Collector streets primarily provide principal access to residential neighborhoods, including to a lesser degree, direct land access.
STREET, LOCAL. A street, which is used primarily for access to abutting properties and for local traffic.
STREET, PAVEMENT. The wearing or exposed surface of the roadway used by vehicular traffic.
STREET, PRIVATE. A street serving as vehicular access to two or more parcels of land which is not dedicated to the public but is owned by one or more private parties.
STREET, WIDTH. The width of the right-of-way, measured at right angles to the centerline of the street.
SUBDIVIDER. Any person commencing proceedings under this chapter to effect a subdivision of land hereunder for him or herself or for another.
SUBDIVISION. The separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential commercial, industrial, or other use or any combination thereof, except those separations:
(a) Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses;
(b) A cemetery or burial plot while used for that purpose;
(c) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary.
SUBDIVISION, MAJOR. A subdivision involving the creation of four or more parcels, tracts or lots.
SUBDIVISION, MINOR. A subdivision involving the creation of not more than three parcels, tracts, or lots, and dedication of public utility and street easements is not involved.
SURVEYOR. A person duly registered as a land surveyor by the state.
TRACING. A plat or map drawn on transparent paper or cloth, which can be reproduced by using regular reproduction procedure.
TREE REMOVAL. Any excavating, grading, clearing, filling or other earth change or any cutting, which may result in removal or killing of more than ten percent of the significant tree caliper tree caliper inches on any land within any period of five years.
TREE, SIGNIFICANT. Any deciduous or coniferous tree measuring six caliper inches in diameter or which is not dead or actively infested with oak wilt or Dutch elm disease. Bur oak, swamp white oak, pagoda dogwood, ironwood, and similar trees accepted by the city may be considered as significant trees when they are of four caliper inches in diameter of greater.
TREE TRUNK. The stem portion of a tree from the ground to the first branch thereof.
VARIANCE. A relaxation of the terms of this chapter where such deviation will not be contrary to the spirit and intent of the Comprehensive Plan and this chapter, the public interest and where due to physical conditions unique to the individual property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship.
WETLAND. The city adopts the definition of “Wetlands” as contained in M.S. § 103G.005, subd. 19. Designations of the Rice County Environmental Services Office of Wetlands shall be presumed as accurate when determining the location of wetlands.
ZONING ADMINISTRATOR. The person appointed by the city council whose duties include the administration and enforcement of this chapter.
ZONING ORDINANCE. The City Zoning Ordinance controlling the use of land, as adopted by the City Council.
(Ord. 78A, passed 8-22-2005; Am. Ord. 2006-193, passed 4-27-2006)
(A) Concept plan.
(1) In order to insure that all applicants are informed of the procedural requirements and minimum standards of this chapter and the requirements or limitations imposed by other city ordinances or plans, prior to development of a preliminary plat, all applicants shall present a concept plan to the city prior to filing a preliminary plat.
(2) Subdividers shall prepare, for review by the Planning Commission, a subdivision concept plan which shall contain the information listed in § 152.20, data for concept plan and filing fee. The subdivider is responsible for providing at least ten copies of the proposed subdivision to city staff and completion of an application for concept plan review at least 15 days prior to the meeting of the Planning Commission at which action is desired.
(3) When a proposed plat is located outside the city limits, one copy of the concept plan shall be referred to the Town Board of the township within which the plat is proposed to be located. Written comments from the Town Board shall be transmitted to the Planning Commission within 15 days of receipt of the concept plan by the Town Board.
(4) The subdivider, or a duly authorized representative, shall attend the Planning Commission meeting at which his or her proposal is scheduled for consideration to discuss the requirements, which pertain to his or her proposed subdivision or resubdivision.
(5) The Planning Commission will review, discuss, and advise the subdivider of the extent to which the proposed subdivision conforms to this chapter, the comprehensive plan, and as variances that may be required and any other applicable official controls.
(6) The Planning Commission shall make specific recommendations and comments about the concept plan to be incorporated by the applicant in the next submission to the Planning Commission. Any advice, comments, or recommendations for modifications made at this point by staff or Planning Commission are advisory only and shall not constitute approval or commitment to approve. Review of the concept plan will include an initial determination whether environmental review documents must be completed pursuant to state law or rules. If such documents are required, the subdivider shall take the proper steps to ensure that the documents are prepared.
(B) Preliminary plat.
(1) Within six months of the Planning Commission's consideration of a concept plan, the applicant shall file with the city a preliminary plat at least 30 days prior to the meeting of the Planning and Zoning Commission at which action is desired. The application shall be accompanied by a set number of copies of the plat set by staff, which shall comply with the requirements of § 152.21, data for preliminary plat, filing fee, proof of ownership or ownership interest (abstract, option, title insurance policy, registered property abstract and any unrecorded documents) satisfactory to the city, and a list of property owners with addresses located within 350 feet of the property certified by an abstract company or the county. Failure to act within the above time limit shall invalidate an approved concept plan and require that it be resubmitted.
(2) Prior to the meeting of the Planning and Zoning Commission at which the preliminary plat is to be considered, the Administrative Review Committee, shall examine the plat for compliance with this chapter and other ordinances of the city, and shall submit a written report to the Commission. The city shall submit a copy of the plat to the Commissioner of Transportation if the proposed subdivision includes land abutting an established or proposed trunk highway, County Engineer if the proposed subdivision includes land abutting a county or county state-aid highway, and State Commissioner of Natural Resources if the proposed subdivision adjoins a public body of water.
(3) The Administrative Review Committee shall undertake a comprehensive review of the preliminary plat in order to determine how the proposed development will affect traffic, utilities, drainage, community facilities, public safety, surrounding development, natural features, historic sites, open space and the like. The Committee shall also consider the proposed development in terms of its conformity with the city's comprehensive land use plan. The chairperson of the Administrative Review Committee shall prepare a written report. The report shall be sent to the Planning Commission and the applicant and shall be made available for review by all interested citizens in advance of the Planning Commission meeting.
(4) The Park Board shall make a recommendation to the City Council as to the location, size, and type of park improvements and sidewalk/trail system proposed. If the City Council grants approval of the preliminary plat prior to review by the Park Board, such approval shall be contingent on review of the Park Board.
(5) The Planning Commission shall hold a public hearing on the preliminary plat after notice of the date, time, place and purpose of the hearing has been published once in the official newspaper, and a site sign has been erected by the applicant, both at least ten days before the date of hearing. Written notice shall also be mailed by the city to the applicant and all owners of record listed in the County Recorder's Office, within 350 feet of the outer boundaries of the preliminary plat. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the city and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this requirement has been made.
(6) After considering the Administrative Review Committee Report and the comments and suggestions received at the public hearing, the Planning Commission shall make its recommendation on the preliminary plat to the City Council within 45 days from the date of the opening of the public hearing, unless the applicant consents on the record to a continuance. The Planning Commission may recommend approval, approval subject to certain conditions or that the preliminary plat be denied. All recommendations and the reasons thereof shall be stated in the record.
(7) The subdivider, or a duly authorized representative, shall attend the Planning Commission meeting at which his or her proposal is scheduled for consideration to discuss the requirements which pertain to his or her proposed subdivision or resubdivision.
(8) When feasible, the City Council shall consider the preliminary plat at its next regular meeting following action by the Planning Commission and the Park Board. The City Council shall approve or deny the preliminary plat within 120 days following receipts by the city of the properly completed application, unless the subdivider shall consent on the record to a continuance. The City Council may by resolution:
(a) Grant approval of the preliminary plat, with or without modification or conditions;
(b) Refer the preliminary plat to the Planning Commission or appropriate city staff, officers or departments for further investigations and report to the Council at a specified future meeting; or
(c) Disapprove the preliminary plat. If the plat is not approved, the City Council shall state the reasons for denial in the record.
(9) The city shall notify the applicant in writing of the City Council's action, stating the conditions of approval or reasons for disapproval and shall endorse the date of the approval or disapproval on the preliminary plat. Approval of the preliminary plat is an acceptance of the general layout submitted and indicates to the subdivider that he or she may proceed toward approval of the final plat in accordance with the resolution granting preliminary approval and the terms of this chapter.
(10) Subsequent to approval of the preliminary plat and prior to approval of the final plat, the subdivider shall submit engineering plans, satisfactory to the City Engineer, for all required improvements, as specified herein.
(11) At the discretion of the city, the preliminary and final plat may be submitted at the same time to the City Council for consideration. The consideration will be determined based on the issues and complexity associated with the subdivision.
(C) Final plat.
(1) Unless otherwise provided in the development contract, within one year after the date of the City Council approval of the preliminary plat, the subdivider or owner shall file an application for approval of the final plat prepared by a land surveyor duly registered in the state accompanied by a set number of copies of the plat set by staff, which shall comply with the requirements of § 152.22. Data for final plat, filing fee, a development plan for the necessary improvements with cost estimates, a copy of any restrictive covenants, and a certification of title or registered property report, and abstract of title shall be referred to the attorney for examination of title and report which shall be returned within 15 days with the city. If the final plat application is not filed within the period, the preliminary plat will be considered void unless for good cause shown an extension is requested in writing by the subdivider and granted by the City Council.
(2) The final plat shall conform to the requirements of this chapter and to all conditions set forth in the approval of the preliminary plat by the city, and by the County Engineer regarding county roads, the State Department of Transportation regarding state highways, and State Commissioner of Natural Resources regarding a public body of water.
(3) Upon receipt of the final plat, the city shall refer copies to the Administrative Review Committee who shall review the final plat and shall transmit reports of their recommendations to all Planning Commission members before the Planning Commission meeting at which such plat is to be considered.
(4) The Planning Commission shall study the final plat, considering the reports of the Administrative Review Committee and then shall transmit its recommendations to the City Council.
(5) The subdivider, or a duly authorized representative, shall attend the Council meeting at which his or her proposal is scheduled for consideration to discuss the requirements, which pertain to the proposed subdivision or resubdivision.
(6) The City Council shall consider the final plat and shall approve or disapprove the final plat within 60 days of receipt of the complete application. The findings necessary for City Council approval of the preliminary plat and the final plat shall be as follows:
(a) The proposed subdivision is consistent with the zoning code and conforms with all its requirements and this chapter;
(b) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's generalized land use plan;
(c) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding and storm water drainage are suitable for the type and density of development and uses contemplated;
(d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, transportation, erosion control and all other public and private services, facilities and improvements otherwise required herein;
(e) The proposed subdivision will not cause adverse environmental damage or degradation;
(f) The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court;
(g) The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land; and
(h) The proposed subdivision incorporates appropriate design and site planning elements for reasonable energy conservation measures.
(7) No final plat shall be approved by the City Council until satisfactory evidence is filed with the city that the plat is in a form acceptable for recording with the county, that the proper filing fees have been paid to the city, that a developer's agreement with appropriate improvement sureties has been executed, and that the escrow account is current and no other payments to the city are outstanding.
(8) Upon approval of the final plat by the City Council, the city shall promptly notify the applicant of the approval and within 30 days thereafter, the applicant shall file the final plat with the County Recorder. The applicant shall furnish the city with one mylar and two paper copies of the final plat as recorded, showing evidence of the recording. Failure of the applicant to comply with these requirements of recording shall be cause for revoking the city's approval.
(D) Minor subdivision/waiver of subdivision platting.
(1) Application. This section shall apply to the following applications in residential districts:
(a) In the case of a request to divide a portion of a lot where the division is to permit the adding of a parcel of land to an abutting lot.
(b) In the case of a request to combine two existing platted lots.
(c) In the case of a request to divide a base lot which is a part of a recorded plat on which has been constructed a two-family dwelling, townhouse or quadraminium, where the division is to permit individual private ownership of a single dwelling unit within such a structure and the newly created property lines will not cause any of the unit lots or the structure to be in violation of this chapter, the Zoning Ordinance, or the State Building Code.
(d) To qualify, the parcel of land shall not have been part of a minor subdivision within the last five years.
(e) In the case of a request to approve a conveyance by metes and bounds if it is determined that the following conditions exist:
1. The restriction against the conveyance will create an unnecessary hardship;
2. The conveyance will not interfere with the purposes of the subdivision regulations;
3. The dedication of public utility or street easements is not involved;
4. The conveyance involves the division of a parcel into not more than two separate parcels; and
5. The new and residual parcels of land, which would result from the conveyance, meet the frontage and area requirements of the zoning code.
(2) The minor subdivision shall conform to all design standards as specified in this chapter. Any proposed deviation from said standards shall require the processing of a variance request.
(3) A minor subdivision shall be processed as follows:
(a) A certificate of survey shall be submitted to the city as specified in § 152.23 of this chapter two weeks prior to the next Planning and Zoning Commission Meeting for Planning Commission's review.
(b) Upon review by the Planning Commission and/or City Council, the full platting process may be required if additional information is deemed necessary.
(c) Upon execution of the City Council's resolution approving the minor subdivision, the City Administrator shall be authorized to sign the deed or registered land survey as meeting the requirements of the city. The Certificate of Survey or Registered Land Survey shall be filed and recorded at the Office of the County Recorder within 30 days of approval.
(d) Council reserves the right to require the provision of utility, drainage and street easements on the certificate of survey in regards to the approval of a minor subdivision.
(E) Vacation of plat or subdivision.
(1) Any plat or any part of a plat may be vacated by the owner of the property before the sale of any lot therein, by a written instrument, with a copy of the plat attached, declaring the same to be vacated. The vacation shall require the approval of the City Council in the same manner as for plats of subdivisions. The City Council may reject any instrument, which abridges or destroys any public rights in any of its streets or alleys. An instrument shall be approved and recorded in the same manner as plats or subdivisions. After being recorded, the instrument shall nullify the recording of the plat so vacated and divest all public rights in the streets, alleys and public grounds and all dedications laid out or described in the plat.
(2) When lots have been sold, the plat may be vacated as stated herein, provided that all the owners of lots in the plat join in the execution of the instrument.
(3) Platted areas may be replatted, provided that they follow the provisions of this chapter.
(Ord. 78A, passed 8-22-1985; Am. Ord. 2006-193, passed 4-27-2006) Penalty, see § 152.99
(A) Any preliminary plat of a proposed subdivision deemed premature for development shall be denied by the City Council.
(B) A subdivision may be deemed premature should any one or more of the conditions set forth in the following provisions exist:
(1) Lack of adequate drainage. A condition of inadequate drainage shall be deemed to exist if:
(a) Surface or subsurface water retention and runoff is such that it constitutes a danger to the structural security of the proposed structures.
(b) The proposed subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or downstream land.
(c) The proposed site grading and development will cause harmful and irreparable damage from erosion and siltation on downhill or downstream land.
(d) Factors to be considered in making these determinations may include, but are not limited to:
1. Average rainfall for the area.
2. The relation of the land to floodplains.
3. The nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems.
4. The slope of the land and its effect on effluents.
5. The presence of streams as related to effluent disposal.
(2) Lack of adequate water supply. A proposed subdivision shall be deemed to lack an adequate water supply if the proposed subdivision, when developed to its maximum permissible density, would not have adequate sources of water to serve the proposed subdivision without causing an unreasonable depreciation of existing water supplies for surrounding areas.
(3) Lack of adequate streets or highway to serve the subdivision. A proposed subdivision shall be deemed to lack adequate streets or highways to serve the subdivision when:
(a) Streets which currently serve the proposed subdivision and/or streets that are proposed to serve the subdivision are of such a width, grade, stability, site distance and surface conditions that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general Lonsdale Subdivision Ordinance welfare and, when with due regard to the advice of the county or state, said roads are inadequate for the intended use.
(b) The traffic volume generated by the proposed subdivision as calculated by the City Engineer and subject to generally accepted generation computation formulas and design standards would create unreasonable highway congestion at the time of the application or proposed for completion within the next two years.
(4) Lack of adequate waste disposal systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems if there is inadequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five years. Expected wastewater generation rates applicable to a proposed subdivision shall be based on generally accepted generation computation formulas as assigned by the City Engineer.
(5) Lack of adequate city support facilities. A proposed subdivision shall be deemed to lack adequate support facilities, such as parks and recreational facilities and police, fire, and ambulance protection and services when said support facilities are reasonably expected to be necessitated by the subdivision and can not be reasonably provided for within the next five fiscal years.
(6) Inconsistency with the comprehensive plan. A proposed subdivision shall be deemed premature if it is found to be inconsistent with the purposes, objective, and recommendations of the duly adopted Comprehensive Plan of the city, as may be amended from time to time.
(7) Inconsistency with environmental protection policies. A proposed subdivision shall be deemed premature if it is found to be inconsistent with environmental protection policies set forth within the city, state and federal rules and regulations, as may be amended.
(C) The burden shall be upon the applicant to show that the proposed subdivision is not premature.
(Ord. 2006-193, passed 4-27-2006) Penalty, see § 152.99
The City Council may deny the subdivision if it makes any one or more of the following findings:
(A) That the proposed subdivision is in direct conflict with adopted applicable general and specific comprehensive plans of the city, county, or region.
(B) That the physical characteristics of the site, including but not limited to topography, percolation rate, soil conditions, susceptibility to erosion and siltation, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development, design, or use contemplated.
(C) That the site is not physically suitable for the proposed density of development.
(D) That the design of the subdivision or the type of improvements are likely to cause serious public health problems.
(E) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage.
(F) That the design of the subdivision or the type of improvements will conflict with easements of record or with easements established by judgment of a court.
(G) That the proposed subdivision, its site, or its design adversely affects the flood-carrying capacity of the floodway, increases flood stages and velocities, or increases flood hazards within the floodway fringe or within other areas of the city.
(H) The proposed subdivision is inconsistent with the policies and standards of the state defined Shoreland Districts and Wetland Districts.
(I) The proposed subdivision violates this subdivision chapter or the city's zoning ordinance.
(Ord. 78A, passed 8-22-1985; Am. Ord. 2006-193, passed 4-27-2006) Penalty, see § 152.99
PLATTING AND DESIGN PROCEDURES
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