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After the adoption of this chapter, no lot in a subdivision shall be sold, no permit shall be issued to alter or erect any building upon land in a subdivision, and no building shall be erected in a subdivision unless a subdivision plat has been approved and recorded and until the improvements recorded and required by the City Council, relative to the subdivision, have been constructed or guaranteed as provided herein.
(Ord. passed 9-20-79) Penalty, see § 10.99
It is not intended by this chapter to annul or interfere with any other official regulations or ordinances of the city. Provided, however, that when there is a difference between minimum standards
or dimensions herein and those contained in other official regulations or ordinances of the city, the highest standards shall apply.
(Ord. passed 9-20-79)
For the purpose of this chapter, the following definitions shall 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 a combination of streets, exterior boundary lines of the subdivision and/or bodies of water.
BUILDING. Any structure having a roof, which may provide shelter or enclosure of persons or animals, when the structure is divided by partition walls. Without openings, each portion of the BUILDING so separated shall be deemed a separate BUILDING.
COMPREHENSIVE PLAN. The group of charts, maps and text 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 the items as right-of-way.
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 sewers or storm drainage ways and gas lines.
FINAL PLAT. A drawing or map of a subdivision meeting all the requirements of the city and in forms as required by Wadena County for the purpose of recording.
LOT. A portion of a subdivision or other parcel intended for building development or for transfer of ownership.
LOT OF RECORD. A platted lot or metes and bounds parcel which has been recorded in the Office of the Wadena County Recorder of Deeds prior to adoption of this chapter.
OWNER. Includes the plural as well as the singular, and where appropriate shall include a natural person, partnership, firm, association, public or quasi-public corporation, private corporation or combination of any of them.
PEDESTRIAN WAY. A public or private right-of-way across a block or within a block to provide access, to be used by pedestrians and which may be used for the installation of utility lines.
PERCENTAGE OF GRADE. The rise or fall of a street in feet and tenths of a foot for each 100 feet or horizontal distance measured at the center line of a street.
PLANNING COMMISSION. The Planning Commission of the city.
PRELIMINARY PLAT. A tentative drawing or map of a proposed subdivision meeting the requirements herein enumerated.
PROTECTIVE COVENANTS. Contracts made between private parties as to a manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area.
ROAD. See “Street.”
SKETCH PLAN. An informal plan presented at the pre-application meeting held by the Planning Commission to indicate preliminary lot lines and anticipated street rights-of-way as well as any other information required by the Commission.
STREET. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a STREET, highway, thoroughfare, parkway, thoroughfare road, avenue, boulevard, lane or however otherwise designated.
(1) COLLECTOR STREETS. Those that carry traffic from minor streets to the major system of thoroughfares and highways, including the principal entrance streets of residential districts, as shown on the comprehensive plan.
(2) CUL-DE-SAC STREETS. A minor street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movements.
(3) MARGINAL ACCESS STREETS. Minor streets which are parallel and adjacent to thoroughfares and highways, which provide access to abutting properties and protection from through traffic.
(4) MINOR STREETS. Those which are used primarily for access to abutting properties.
(5)
THOROUGHFARES or ARTERIAL STREETS. Those used primarily for heavy traffic and serving as any arterial traffic way between the various districts of the community, as shown on the comprehensive plan.
STREET WIDTH. The shortest distance between lines of lots delineating the street right-of-way.
SUBDIVIDER. A person, firm or corporation undertaking the subdivision or re-subdivision of a tract or parcel of land according to the requirements of this chapter.
SUBDIVISION. The division or redivision of a lot, tract or parcel of land by plat, registered land survey or by metes and bounds description, regardless of how it is to be used. The following classes, however, shall be exempt:
(1) The division of land for agricultural purposes into parcels greater than 2½ acres where no new streets, roads or other rights-of-way are involved.
(2) The division of a lot of record for the purpose of attachment to contiguous lots, provided no residual plot is left.
TANGENT. A straight line which is perpendicular to the radius of a curve where a TANGENT meets a curve.
VARIANCE. A modification or variation of the provisions of the chapter where it is determined that by reason of special and unusual circumstances relating to a specific lot, that strict application of the chapter would cause an undue or unnecessary hardship, or that strict conformity with the provisions of this chapter would be unreasonable, impractical or unfeasible under the circumstances.
VERTICAL CURVE. The surface curvature on a street, road or highway center line located between lines of different percentage of grades.
YARD. A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky, except as permitted in this chapter. The YARD extends along the lot line at right angles to the lot line to a depth or width specified in the setback regulations for the zoning district in which the lot is located.
ZONING ADMINISTRATOR. The Zoning Administrator of the city.
(Ord. passed 9-20-79)
SUBDIVISION PROCEDURES
Before any subdivision of land is proposed to be made, and before any contract for sale of, or any offer to sell any lots in a subdivision or any part thereof is made, and before any permit for the erection of a structure in a proposed subdivision shall be granted, the subdivider or his or her duly authorized agent shall apply in writing for approval of the proposed subdivision in accordance with the following procedures.
(Ord. passed 9-20-79)
(A) The subdivider shall submit three copies of the sketch plan and any protective covenants to the Zoning Administrator.
(B) The Zoning Administrator shall refer two copies of the sketch plan to the Planning Commission and one copy to the City Council. If the proposed subdivision fronts or has access to a state or federal trunk highway, the Zoning Administrator shall require an extra copy and shall refer this copy to the District Engineer or the Minnesota Highway Department for review as required by the state law. If the proposed subdivision is within the shoreland district, the Zoning Administrator shall require an extra copy and refer this copy to the Commissioner of Natural Resources.
(C) The subdivider or a duly authorized representative shall attend the Commission meeting at which time the proposal is scheduled for consideration to discuss the requirements which pertain to his or her subdivision.
(D) The Commission shall determine whether the plan conforms to design standards set forth in this chapter, the zoning chapter and the comprehensive plan. The Planning Commission shall make specific recommendations and comments about this sketch plan to be incorporated by the applicant in the next submission to the Commission.
(E) (1) Data required for sketch plan at the pre-application meeting:
(a) Location map;
(b) Sketch plan of street and lot layout;
(c) Conformity with the subdivision chapter; and
(d) Conformity with the zoning chapter.
(2) No fee shall be required of the subdivider for the submission of the sketch plan.
(Ord. passed 9-20-79)
(A) Submission and hearing.
(1) Within six months of the Planning Commission’s consideration of a sketch plan, the subdivider shall submit to the Zoning Administrator ten copies of a preliminary plat of the proposed subdivision. The preliminary plat shall be submitted two weeks prior to the next regular scheduled Commission meeting and shall be accompanied by a fee of $10, plus $1 for each five lots, or portion thereof. Failure to act with the above time limit shall invalidate an approved sketch plan and require that it be resubmitted.
(2) The Zoning Administrator shall submit copies of the preliminary plat to the utility companies, the City Engineer and the District Engineer of the Minnesota Highway Department, if the plat borders a federal, state or state-aid highway. He or she shall submit copies to the County Engineer if the subdivision has access points on a county road and shall submit two copies to the Commissioner of Natural Resources if any part of the subdivision is within the shoreland district.
(3) The Planning Commission shall study the practicability of the preliminary plat taking into consideration the requirements of the city and the best use of the land being subdivided. Attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage, a disposal drainage, lot sizes and arrangement, the future development of adjoining lands as unsubdivided and the requirements of the community development plan of the city.
(4) A public hearing/date shall be set to be held within 46 days of the filing date. The required legal publications shall be made and notices shall be sent to all property owners within 300 feet of the exterior boundary of the proposed plat. A Planning Commission meeting may serve as a public hearing provided the legal requirements pertaining to the same are met.
(5) Upon completion of their review, the above mentioned offices or agencies shall submit their comments on the proposed subdivision to the Planning Commission. These comments will be read at the public hearing.
(6) At the public hearing, the subdivider and all interested persons shall have the opportunity to be heard, upon completion of the hearing, the Commission prepares and submits a report along with a copy of the preliminary plat to the City Council. Upon receipt of the Commission’s reports, the City Council reviews the report and preliminary plat. The Council may hold another hearing or hearings, or take action to approve, disapprove or specify conditions for approval of the plat.
(B)Preliminary plat requirements.
(1) Site map, including land within 300 feet of plat boundary;
(2)Existing and proposed streets;
(3) Existing utilities;
(4) Names of adjacent property owners, within 300 feet;
(5) Any easements to be platted;
(6) Existing and proposed zoning changes;
(7) Preliminary plat map, at a scale no smaller than 100 feet to an inch;
(8) Name of subdivision, which must not duplicate or closely resemble another plat;
(9) Location, section, township, and the like;
(10) Names and addresses of owners and subdividers;
(11) Names of surveyor and engineer;
(12) North arrow and scale;
(13) Block and lot numbers;
(14) Names, location and widths of streets proposed by the subdivision;
(15) Location and width of alleys, pedestrian ways and easements;
(16) Land to be dedicated or reserved for public access;
(17) Topography map with a minimum of one-foot contours; and
(18) Proposed restrictive covenants.
(Ord. passed 9-20-79)
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