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No building or zoning permits shall be issued by the city or other governmental authority for the construction of any building, structure or improvement to the land, or to any lot in a subdivision, as defined herein, until all requirements of this chapter have been fully complied with.
(Prior Code, § 12.01) (Ord. 102, Third Series, effective 2-21-1991)
(A) All subdividers are hereby on notice that the Council will employ qualified persons to check and verify surveys and plats hereafter filed for approval, and to determine the suitability of the plat from the standpoint of community planning. The persons shall make full reports of their findings to the Planning Commission and Council.
(B) The Council may from time to time establish fees and charges for the filing and reviewing of preliminary plats. In addition, the subdivider shall reimburse the city for the cost of legal, profession and technical services which are reasonably used by the city to examine the plat.
(Prior Code, § 12.01) (Ord. 102, Third Series, effective 2-21-1991)
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public right-of-way which affords a secondary means of access to abutting property.
BLOCK. An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river.
COMPREHENSIVE PLAN. The group of maps, charts and texts that make up the comprehensive, long-range plan of the city.
DESIGN STANDARDS. The specifications to land owners or subdividers for the preparation of plats, both preliminary and final, indicating among other things the optimum, minimum or maximum dimensions of such items as rights-of-way, blocks, easements and lots.
EASEMENT. A grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or drainage ways and gas lines.
FINAL PLAT. A drawing or map of a subdivision, meeting all the requirements of the city and in such form as required by the county for the purposes of recording.
PARKS AND PLAYGROUNDS. Public land and open spaces in the city dedicated or reserved for recreation purposes.
PEDESTRIAN WAY. A public or private right-of-way across a block or within a block to provide access for pedestrians and which may be used for the installation of utility lines.
PERCENTAGES OF GRADE. On street centerline, means the distance vertically (up or down) from the horizontal in feet and tenths of a foot for each 100 feet of horizontal distance.
PRELIMINARY PLAT. A tentative drawing or map of a proposed subdivision meeting requirements herein enumerated.
PROTECTIVE COVENANTS. Contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area.
ROAD WIDTH. The shortest distance between lines of lots delineating the road right-of-way.
STREET. A public right-of-way affording primary access of pedestrians and vehicles abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, place or however otherwise designated.
STREET, COLLECTOR. A street used primarily to carry traffic between the thoroughfare systems and minor residential streets or non-residential or non-residential streets and designated as a major or minor collector in the Comprehensive Plan of the city or by other action of the Council.
STREET, CUL-DE-SAC. A minor street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
STREET, MINOR. A street used primarily for access to abutting property and designated as a local street in the Comprehensive Plan of the city or by other action of the Council.
STREET, THOROUGHFARE. One used for heavy traffic and designated as a major or minor arterial street in the Comprehensive Plan of the city or by other action of the Council.
SUBDIVIDER. Any individual, firm, association, syndicate, copartnership, corporation, trust or 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.
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 of more than 20 years (including options to renew or other provisions giving similar lessee rights) where the creation of the leasehold interest necessitates the creation of streets, roads, alleys or other easements or rights for access or essential
utilities to the leasehold, for residential, commercial, industrial or other use or combination thereof, except those separations:
(1) Where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential and agricultural uses, and five acres or larger in size for commercial and industrial uses;
(2) Creating cemetery lots;
(3) Resulting from court orders, or the adjustment of an improperly located lot line by the relocation thereof; and
(4) Resulting from the leasing of residential apartments or commercial space when the same is part of an existing structure or building.
TANGENT. A straight line that is perpendicular to the radius of a curve where a tangent meets a curve.
VERTICAL CURVE. The surface curvature on a road or highway centerline located between lines of different percentage of grade.
(Prior Code, § 12.02) (Ord. 102, Third Series, effective 2-21-1991; Ord. 103, Third Series, effective 3-7-1991; Ord. 149, New Series, effective 1-17-1995)
(A) The Planning Commission may recommend a variance from the provisions of this chapter when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the protection of the public interest. In making its findings, as required herein below, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Planning Commission finds:
(1) There are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which property is situated.
(Prior Code, § 12.20) (Ord. 149, New Series, effective 1-17-1975; Ord. 180, New Series, effective 1-19-1979)
(A) Registered land surveys. It is the intention of this chapter that all registered land surveys within the jurisdiction of this chapter shall be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this chapter for preliminary plats and that the Planning Commission shall first approve the arrangement, sizes and relationship of proposed tracts in the registered land surveys, and that tracts to be used as easements or streets should be so dedicated. Unless the approvals have been obtained from the Planning Commission and Council in accordance with the standards set forth in this chapter, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys, and the city may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved.
(B) Conveyance by metes and bounds. No conveyance may be made of any parcel or tract in which the land conveyed is described by metes and bounds or to an unapproved survey or unapproved plat, unless the conveyance of the parcel is specifically exempted from the provisions of this chapter as noted in §§ 152.01 through 152.07 of this chapter or a variance is obtained under § 152.09 of this chapter. Neither the city nor the county or the affected township, if applicable, shall issue any building permit or zoning permit for construction of buildings or other improvements on such parcels or tracts which have been subdivided and conveyed in violation of this chapter and subdivision. Hereafter, no public utility or governmental entity shall construct an improvement upon land affected by this chapter unless located within clearly noted and designated right-of-way or easement on an approved plat, or filed prior to the effective date of this subdivision, or has otherwise been approved by the Council. The County Recorder is hereby given notice and instructed to deny the recording of any such conveyance in violation of the provisions of this chapter and this section. The prohibitions contained herein are made under the provisions of M.S. § 462.358, as it may be amended from time to time, and shall be governed in accordance with the provisions therein.
(Prior Code, § 12.30) (Ord. 149, New Series, effective 1-17-1975; Ord. 102, Third Series, effective 2-21-1991)
(A) Sale of lots from unrecorded plats. It is unlawful to sell, trade or offer to sell or otherwise convey any lot or parcel of land as a part of or in conformity with any plan, plat or replat of any subdivision or area located within the jurisdiction of this chapter unless the plan, plat or replat shall have first been recorded in the office of the County Recorder.
(B) Receiving and recording unapproved plats. It is unlawful to receive or record in any public office any plans, plats or replats of land laid out in building lots and highways, streets, roads, alleys or other portions of the same intended to be dedicated to public or private use or for the use of purchasers or owners of lots fronting on or adjacent thereto and located within the jurisdiction of this chapter, unless the same shall bear thereon, by endorsement or otherwise, the approval of the Council.
(C) Misrepresentation as to construction, supervision or inspection of improvements. It is unlawful for any subdivider, person, firm or corporation owning an addition or subdivision of land within the city to represent that any improvement upon any of the highways, streets or alleys of the addition or subdivision or any sewer in the addition or subdivision has been constructed according to the plans and specifications approved by the Council or has been supervised or inspected by the city when the improvements have not been so constructed, supervised or inspected.
(Prior Code, § 12.40) (Ord. 149, New Series, effective 1-17-1975) Penalty, see § 10.99
DESIGN STANDARDS
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