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It is not intended by this chapter to annul or interfere with any other official regulations or ordinances of the city; provided, however, that where 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. 179, passed 2-16-78)
(A) Words used in the present tense include the past and future tense.
(B) The singular number includes the plural and the plural includes the singular.
(C) In the event of conflicting provisions in the text of this regulation, the more restrictive shall apply.
(Ord. 179, passed 2-16-78)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. Any dedicated public right-of-way providing a secondary means of access to abutting property.
ATTORNEY. The attorney employed by the city, unless otherwise stated.
BLOCK. The enclosed area within the perimeter of roads, property lines, or boundaries of the subdivision.
BOULEVARD. The portion of the street right-of-way between the curb line and the property line.
BUTT LOT. A lot at the end of a block and located between two corner lots.
CLUSTER DEVELOPMENT. A subdivision development planned and constructed so as to group housing units into relatively tight patterns while providing a unified network of open space and wooded areas and meeting the overall density regulations of this chapter and Chapter 156 of this code.
COLLECTOR STREET. A street that carries traffic from minor streets to thoroughfares or from thoroughfare to thoroughfare. COLLECTOR STREETS are designated in the Comprehensive Plan.
COMMUNITY. The City of Milaca.
COMPREHENSIVE PLAN. A plan prepared by the community including a compilation of policy statements, goals, standards, and maps indicating the general locations recommended for the various functional classes of land use, places, and structures, and for the general physical development of the community, and including any unit or part of this plan separately adopted and any amendment to the 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.
COPY. A print or reproduction made from a tracing.
CORNER LOT. A lot bordered on at least two adjacent sides by streets.
COUNTY. Mille Lacs County, Minnesota.
CUL-DE-SAC. A minor street with only one outlet and having a turnaround.
DEVELOPMENT. The act of building structures and installing site improvements.
DOUBLE FRONTAGE LOTS. Lots that have a front line abutting on one street and a back or rear line abutting on another street.
DRAINAGE COURSE. A watercourse or indenture for the drainage of surface water.
EASEMENT. Grants by an owner of land for a specific use by a person other than the owner.
ENGINEER. The registered engineer employed by the city, unless otherwise stated.
GOVERNING BODY. The City Council.
KEY MAP. A map drawn to comparatively small scale that definitely shows the area proposed to be platted in relation to known geographical features, i.e., downtown, lakes, roads.
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, for the purpose of sale or lease or separate use thereof.
MAY. The act referred to is permissive.
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 bearings and distances of the lines forming the boundaries of the property or delineates a fractional portion of a section, lot, or area by described lines or portions thereof.
MINIMUM SUBDIVISION DESIGN STANDARDS. The rules, 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 plan.
MINOR STREET. A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood.
NATURAL WATER WAY. A natural passageway in the surface of the earth so situated and having a topographical nature so that surface water flows through it from other areas before reaching a final ponding area. The term also includes all drainage structures that have been constructed or placed for the purpose of conducting water from one place to another.
OWNER. An individual, firm, association, syndicate, co-partnership, 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 these regulations.
PEDESTRIAN WAY. A public right-of-way across or within a block, to be used by pedestrians.
PERSON. Any individual, firm, association, syndicate, partnership, corporation, trust, or any other legal entity.
PLANNING COMMISSION. The Planning Commission of the city.
PLAT, FINAL. A map or drawing which graphically delineates the boundary of land parcels for the purpose of identification and record of title. The plat is a recorded legal document and must conform to all state laws.
PLAT, PRELIMINARY. The map or drawing indicating the proposed layout of the subdivision to be submitted to the Planning Commission and City Council for their consideration, in compliance with the Comprehensive Plan and these regulations, along with required supporting data.
PRIVATE STREET. 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.
PROTECTIVE COVENANTS. Contracts entered into between private parties and constituting a restriction on 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.
RESERVE STRIP. A narrow strip of land placed between lot lines and streets to control access.
RIGHT-OF-WAY. The land covered by a public road or land dedicated for public use or for certain private use such as land over which a power line passes.
ROADWAY. Driving surface portion of a public right-of-way.
SERVICE STREET. A minor street parallel to and adjacent to high volume arterial streets and highways, which provide access to abutting properties and protection of through traffic.
SHALL. The act referred to is mandatory.
SKETCH PLAN. A drawing showing the proposed subdivision of property. This plan is not necessarily drawn to scale and exact accuracy is not a requirement. It is used as a basis for informal discussion.
STREET. A way for vehicular traffic, whether designated as STREET, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, drive, court, or otherwise designated.
STREET WIDTH. The shortest distance between the lines delineating the right-of-way of a street.
SUBDIVIDER. The owner, agent, or person having control of such land as the term is used in this chapter.
SUBDIVISION. The division of a parcel of land after the effective date of this code into two or more lots or parcels, for the purpose of transfer of ownership or building development. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
SURVEYOR. A land surveyor registered under state laws.
THOROUGHFARE. A street primarily designed to carry large volumes of traffic and provide for vehicular movement between and among large areas as designated in the Comprehensive Plan.
TRACING. A plat or map drawn on transparent paper or cloth which can be reproduced by using regular reproduction procedure.
ZONING CODE. Zoning regulations controlling the use of land as adopted by the city in Chapter 156, as amended. Definitions of the adopted ZONING CODE also apply to this chapter.
(Ord. 179, passed 2-16-78)
PLATTING PROCEDURE
(A) Prior to the preparation of the preliminary plat, the subdivider shall prepare a subdivision sketch plan for review by the Planning Commission. The sketch plan will be submitted as a basis for informal discussion between the subdivider and the Planning Commission and shall not constitute formal filing of the plat with the city. The Planning Commission shall provide advice and assistance to the subdivider but will take no action on the sketch plan. The sketch plan should, as a minimum, show the site’s location in the community, the type of development proposed, and preliminary lot and road layout including proposed minimum lot size. The subdivider shall pay the expense (if any) incurred by the city for the services to the city and/or Planning Commission of the Engineer and Attorney in the review of the sketch plan.
(B) When the subdivider feels he or she is ready to prepare the preliminary plat, he or she shall have his or her surveyor and/or planner draw one which is in conformity with the requirements of this chapter, as described in §§ 155.080 et seq.
(C) The subdivider shall fill out an application for consideration of planning request, or other application blanks as may be required. At the time of filing, the subdivider shall pay appropriate fees as set forth in Chapter 34.
(D) The subdivider shall furnish the City Manager-Clerk with 12 copies of the preliminary plat at least 15 days prior to the Planning Commission meeting at which it is to be considered.
(Ord. 179, passed 2-16-78)
(A) The City Manager-Clerk shall, upon receipt of the preliminary plat and application, refer three copies of the plat and application to the City Council, two copies of the plat to the Planning Commission, one copy of the plat to the school district if applicable, one copy to the County Planning Commission, and one copy to the Town Board if applicable.
(B) If the proposed subdivision abuts any state trunk highway, the City Manager-Clerk shall also refer one copy to the state District Highway Headquarters for review as required by state law; if it adjoins a public body of water one copy shall be referred to the state Commission of Natural Resources for review, and one copy to the Watershed District Board if applicable. Within five days after receiving the preliminary plat that includes or borders on an existing or proposed county road, the City Manager shall submit it to the County Engineer for review.
(C) The Engineer, Fire Chief, and Utilities Superintendent, and if appropriate, the School Board, County Planning Commission, Town Board, and the District Highway Engineer, shall within 30 days submit reports to the Planning Commission expressing recommendations for approval, disapproval, or revisions of the preliminary plat.
(D) Within 45 days after the plat is filed, the Planning Commission shall hold a public hearing on the plat. One notice of the purpose, time, and place of this public hearing shall be published in the official newspaper at least ten days prior to the day of the hearing. The subdivider shall furnish the City Manager-Clerk with the names and mailing addresses of owners of all lands within 300 feet of the boundaries of the preliminary plat and the City Manager-Clerk shall give mailed notice of the hearing to these owners at least ten days prior to the day of the hearing, although failure of any property owner to receive notification shall not invalidate the proceedings.
(E) The subdivider or his or her representatives shall appear before the Planning Commission at the public hearing, in order to answer questions concerning the preliminary plat.
(F) The report of the Planning Commission shall be submitted to the City Council not later than 30 days after the public hearing on the plat. If the Planning Commission fails to make a report, the City Council shall proceed without the report. Failure to receive a report from the Planning Commission as herein provided shall not invalidate the proceedings or actions of the City Council.
(G) The City Council shall either approve or disapprove of a proposed plat within 120 days after a preliminary plat which contains all of the data required by § 155.041 and which conforms to the minimum design standards required by §§ 155.055 et seq. is submitted to the city unless the subdivider agrees to an extension of this time. The City Council may hold a public hearing on the plat following notice as provided herein. After receiving the Planning Commission’s recommendations, the City Council will act to approve or disapprove the plat at its next regularly scheduled meeting. Approval of the plat shall be by passage upon a simple majority vote of the entire membership of the City Council.
(Ord. 179, passed 2-16-78)
(A) Approval of the preliminary plat is an acceptance of the general layout and indication to the subdivider that he or she may proceed toward fulfilling the necessary steps for approval of the plat in accordance with the terms of approval. This approval does not constitute final acceptance of the subdivision.
(B) The City Council may require modifications, changes, and revisions of the plat, as it deems necessary to protect the health, safety, morals, comfort, convenience, and general welfare of the community.
(C) If the City Council does not approve the plat, the reasons for this action shall be recorded in the proceedings and transmitted to the applicant within 15 days.
(Ord. 179, passed 2-16-78)
Should the subdivider desire to amend the plat as approved, he or she may submit an amended plat that shall follow the same procedure as a new plat, except for the public hearing and fee, unless the amendment is in the opinion of the City Council of such scope as to constitute a new plat, and then it shall be refiled.
(Ord. 179, passed 2-16-78)
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