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GENERAL PROVISIONS
(A) Purpose.
(1) The process of dividing open land into home sites, or separate parcels for other uses, is one of the community. Few activities have a more lasting effect upon its appearance and environment. Once the land has been subdivided into urban lots and the streets, homes, and other structures have been constructed, the basic character of this permanent addition to the community has become firmly established. It is then virtually impossible to alter its basic character without substantial expense. In most subdivisions, roads and streets must be maintained and various public services must be provided. The welfare of the entire community is thereby affected in many important respects. It is, therefore, to the interest of the general public, the developer, and the future owners that subdivisions be conceived, designed, and developed in accordance with sound rules and proper standards.
(2) All subdivision of land hereafter submitted for approval shall fully comply in all respects with the regulations set forth herein. It is the purpose of these regulations to:
(a) Encourage well planned, efficient, and attractive subdivisions by establishing adequate standards for design and construction;
(b) Provide for the health and safety of residents by encouraging properly designed streets and adequate sewage and water service;
(c) Place the cost of improvements against those benefitting from their construction;
(d) Secure the rights of the public with respect to public lands and waters; and
(e) Set the minimum requirements necessary to protect the public health, safety, morals, comfort, convenience, and general welfare.
(B) Scope. The rules and regulations governing plats and subdivision of land contained herein shall apply within the city and other land as permitted by state statutes. In the event of overlapping jurisdiction within the prescribed area, the extent of jurisdiction shall be determined and agreed upon between this community and the other governmental units concerned. Except in the case of minor subdivision, this chapter shall not apply to any lot or lots forming a part of a subdivision recorded in the office of the Register of Deed prior to the effective date of this chapter, nor is it intended by this chapter to repeal, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, or with private restrictions placed upon property by deed, covenant, or other private agreement, or with restrictive covenants governing the land.
(Ord. 274, passed 4-15-1997)
For the purpose of these regulations, certain terms and words are hereby defined as follows. 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 word "may" is permissive.
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 of 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 (2) 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 the Zoning Code.
COLLECTOR STREET. A street which carries traffic from minor streets to thoroughfares or from thoroughfare to thoroughfare. COLLECTOR STREETS are designated in the Comprehensive Plan.
COMMUNITY. City of Mora.
COMPREHENSIVE PLAN. A comprehensive 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 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 area 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 a least two (2) adjacent side by streets.
COUNTY. Kanabec County, Minnesota.
CUL-DE-SAC. A minor street with only one (1) outlet and having a turnaround.
DEVELOPMENT. The act of building structures and installing site improvements.
DOUBLE FRONTAGE LOTS. Lots which have a front line abutting on one (1) street and a back or rear line abutting on another street.
DRAINAGE COURSE. A water course or indenture for the drainage of surface water.
EASEMENT. A grant by an owner of land for a specific use by persons 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 which 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.
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 described 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 passage way in the surface of the earth so situated and having such a topographical nature 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 or partnership, corporation trust or any other legal entity.
PLANNING COMMISSION. The Planning Commission of the City of Mora.
PLAT - PRELIMINARY. The map or drawing indicating the proposed layout of the subdivision to be submitted to the Planning Commission and governing body for their Comprehensive Plan and these regulations along with required supporting data.
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 and city requirements.
PRIVATE STREET. A street serving as vehicle access to two (2) or more parcels of land which is not dedicated to the public but is owned by one (1) 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 STRIPS. 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 STREETS. 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.
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, through-way, road, avenue, boulevard, land, 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 chapter into two (2) 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 Minnesota State Laws.
THOROUGHFARE. A street primarily designated 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. Definitions of the adopted Zoning Code shall also apply to the Subdivision Code.
(Ord. 274, passed 4-15-1997)
PLATTING PROCEDURE
(A) (1) Prior to the preparation of the preliminary plat, the subdivider shall prepare a subdivision sketch plan, for the review by the city staff and city. Such sketch plan will be submitted as a basis for informal discussion between the subdivider and the city staff and city and shall not constitute formal filing of the plat with the city. The city staff and city 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.
(2) The subdivider shall pay the expense (if any) incurred by the engineer and attorney in the review of the sketch plan. City staff may refer the sketch plan to the Planning Commission for review and comments.
(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 fees as set forth in § 153.037.
(D) The subdivider shall furnish the City Clerk with twelve (12) copies of the preliminary plat at least fifteen (15) days prior to a Planning Commission meeting at which it is to be considered.
(Ord. 274, passed 4-15-1997)
(A) The City Clerk shall, upon receipt of the preliminary plat and application, refer one (1) copy of the plat and application to the governing body, two (2) copies of the plat to the Planning Commission and one (1) copy of the plat to the school district, if applicable.
(B) If the proposed subdivision abuts any state trunk highway, the city shall refer one (1) copy to MNDOT for review as required by state law; if it adjoins a public body of water, one (1) copy shall be referred to the D.N.R. for review, and if it adjoins county land it will be referred to the County Engineer for review, one (1) copy will be sent to the S.W.C.D. if applicable.
(C) The Engineer and if appropriate, the School Board, County Planning Commission, Town Board and the District Highway Engineer, shall within fifteen (15) days, submit reports to the Planning Commission expressing recommendations for approval, disapproval or revisions of the preliminary plat.
(D) Within forty-five (45) days after the plat is filed, the Planning Commission shall hold a public hearing on the plat. Notice of the purpose, time, and place of such public hearing shall be published in the official newspaper at least ten (10) days prior to the day of the hearing. The subdivider shall furnish the city with the names and mailing addresses of owners of all lands within three hundred fifty (350) feet of the boundaries of the preliminary plat and the clerk shall give mailed notice of said hearing to said owners at least ten (10) days prior to the day of the said hearing, although failure of any property owner to receive such notification shall not invalidate the proceedings.
(E) (1) The subdivider or his or her representative shall appear before the Planning Commission at the public hearing, in order to answer questions concerning the preliminary plat.
(2) The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning the subdivision request or to retain expert testimony with the consent and at the expense of the applicant concerning the subdivision, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter and all other city codes and ordinances.
(F) The report of the Planning Commission shall be submitted to the governing body not later than thirty (30) days after the public hearing on the plat unless an extension of time is obtained. If the Planning Commission fails to make a report within the necessary time frames, the governing body shall proceed without said report. Failure to receive a report from the Planning Commission as herein provided shall not invalidate the proceedings or actions of the governing body.
(G) The governing body 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 their next regularly scheduled meeting. Approval of the plat shall be by passage upon a simple majority vote of the entire membership of the governing body.
(H) 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. Such approval does not constitute final acceptance of the subdivision.
(I) The governing body 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.
(Ord. 274, passed 4-15-1997)
(A) If the plat is not approved by the governing body, the reasons for such action shall be recorded in the proceedings and transmitted to the applicant.
(B) Should the subdivider desire to amend the plat as approved, he or she may submit an amended plat which shall follow the same procedure as a new plat, except for the pubic hearing and fee unless the amendment is in the opinion of the governing body of such scope as to constitute a new plat, then it shall be refiled.
(Ord. 274, passed 4-15-1997)
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