Subd. 1. Title. This chapter shall be known as “City of Shorewood Subdivision Ordinance,” except as referred to herein, where it shall be known as “this chapter.”
Subd. 2. Purpose. It is the purpose of this chapter to safeguard the best interests of the city and to assist developers and subdividers of land in harmonizing their interests with those of the city. It is the purpose of this chapter to make certain regulations and requirements for the subdivision of land within the city, pursuant to the authority contained in Minnesota State Statutes, which regulations the City Council deems necessary for the health, safety and general welfare of this community. This chapter is intended to promote good planning practice and to ensure orderly growth and development and shall supplement and implement the provisions of the Shorewood Comprehensive Plan and the Shorewood Zoning Code.
Subd. 3. Application of requirements.
a. Relationship to other laws. Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by any other ordinance, rule or regulation of the city, the ordinance, rule or regulation that imposes the more restrictive condition, standard or requirement shall prevail. The Zoning Administrator shall determine which is more restrictive and appeals from the determination may be made in the manner provided herein.
b. Minimum requirement. In the interpretation of this chapter, its provisions shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.
Subd. 4. Approvals necessary for acceptance of subdivision plats. Before any plat shall be recorded or be of legal effect, it shall be referred to the City Planning Commission and approved by the City Council as having fulfilled the requirements of this chapter.
Subd. 5. Conditions for recording. No plat of any subdivision shall be entitled to be recorded in the Hennepin County Recorder’s Office or have any validity until the plat thereof has been prepared, approved and acknowledged in the manner prescribed by this chapter.
Subd. 6. Permits. No building permits shall be granted by the city 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.
Subd. 7. Exceptions. Except in the case of resubdivision, this chapter shall not apply to any lot or lots forming a part of a subdivision recorded in the office of the Hennepin County Register of Deeds for Registrar of Titles prior to the effective date of this chapter.
Subd. 8. Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:
a. The singular number shall include the plural and the plural the singular;
b. The present tense includes the past and future tenses and the future the present;
c. The word
SHALL is mandatory while the word MAY is permissive;
d. Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof;
e. All measured distances expressed in feet shall be to the nearest tenth of a foot.
Subd. 9. Separability. It is declared to be the intention of the city that the several provisions of this chapter are separable in accordance with the following:
a. Other parts of this chapter. If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, the judgment shall not affect any other provisions of this chapter not specifically included in the judgment;
b. Application to other party or property. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or structure, the judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment.
Subd. 10. Authority. This chapter is enacted pursuant to the authority granted by M.S. § 462.358.
Subd. 11. Relationship to Comprehensive Plan. It is the policy of the city that the enforcement, amendment and administration of this chapter be accomplished with due consideration of the recommendations contained in the Shorewood Comprehensive Plan as developed and amended from time to time by the City Council. The Council recognizes the Comprehensive Plan as the Policy Guide responsible for regulation of land use and development in accordance with the policies and purpose herein set forth.
Subd. 12. Comprehensive revision. The City Council intends this chapter to be a comprehensive revision to the Shorewood Subdivision Ordinance, as amended. Except as otherwise provided herein, the provisions of this chapter are not intended to alter, diminish, increase or otherwise modify any rights or liabilities existing on its effective date. Any act done, offense committed or rights accruing or accrued or liability or penalty incurred or imposed prior to the effective date of this chapter is not affected by its enactment.
(Am. Ord. 380, passed 2-11-2002)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.
APPLICANT. The owner of land proposed to be subdivided or the owner’s representative. Consent shall be required from the legal owner of the premises.
BLOCK. An area of land within a subdivision containing one or more lots that is entirely bounded by streets, or by streets and the entire boundary or boundaries of the subdivision, or a combination of the above with a river, lake or other physical barrier.
BOULEVARD. The portion of the street right-of-way not occupied by pavement or other traveled surface.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
COMPREHENSIVE PLAN. The long range goals, objectives, policies, concepts and plans of the city as stated in a group of maps, charts and text.
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 rights-of-way, blocks, easements and lots.
EASEMENT. A grant by a property owner for the use of land for the purpose of constructing and maintaining drives and utilities, including, but not limited to wetlands, ponding areas, sanitary sewers, watermains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines.
FINAL PLAT. A drawing, suitable for recording, showing the layout of a subdivision that has received preliminary plat approval pursuant to §§ 1202.03 and 1202.04 and M.S. Chapter 505.
IMPERVIOUS SURFACE. An artificial or natural surface through which water, air or roots cannot penetrate.
LOT. A parcel of land in a subdivision or plat of land, separated from other parcels or portions by descriptions or by metes and bounds, for the purpose of sales or lease or separate use thereof.
LOT, CORNER. A lot situated at the intersection of two streets, or a lot at the point of deflection of a single street, the interior angle of which 135 degrees or less.
LOT IMPROVEMENT. Any building, structure, place, work of art or other object which constitutes a physical betterment of the real property on which it is situated or any part of the betterment.
LOT WIDTH. The shortest horizontal distance between the side lot lines measured at right angles to the lot depth measured at the required minimum building setback line as set forth in the Shorewood Zoning Code.
ORDINARY HIGH WATER LEVEL (OHWL). The boundary of public waters and wetlands that is described as an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank or channel.
OUTLOT. A lot remnant or parcel of land left over after platting, which is intended as open space or other use, or which is reserved for future development and for which no building permit shall be issued.
OWNER. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided or commercially used to commence and maintain proceedings under this chapter.
PARKS AND PLAYGROUNDS. Public land and open spaces in the city dedicated or reserved for recreation purposes.
PEDESTRIAN WAY. A public right-of-way or private easement that provides access for pedestrians and which may be used for the installation of utility lines.
PERCENTAGE OF GRADE. The ratio of the distance vertically from the horizontal in feet and tenths of a foot for each 100 feet of horizontal distance.
PRELIMINARY PLAT. A drawing or set of drawings describing the existing physical characteristics of a parcel of land and illustrating a proposed layout for subdividing the land into lots, blocks, streets and easements for purposes of obtaining preliminary approval of a subdivision, pursuant to §§ 1202.03 and 1202.04 and M.S. § 462.358 and Chapter 505.
PROTECTIVE COVENANTS. Contracts made between private parties relating to the manner in which land may be used in order to protect and preserve the physical and economic integrity of any given area.
PUBLIC IMPROVEMENT. Any drainage facilities, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement, utility or other facility for which the city may ultimately assume the responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established.
REGISTERED LAND SURVEYOR. A surveyor whom is registered and licensed in accordance to M.S. § 326.02, Subd. 3a.
REGISTERED PROFESSIONAL ENGINEER. A REGISTERED PROFESSIONAL ENGINEER licensed in accordance to M.S. § 326.02, Subd. 3.
RIGHT-OF-WAY, PUBLIC. Any property established for the use of the public for street or highway purposes by any federal, state, county or local government by dedication, easement, gift or statutory user, whether developed or undeveloped, paved or unpaved.
SETBACK. The minimum horizontal distance between building and street, lot line or ordinary high water level. Distances are to be measured at ground level from the most outwardly extended portion of the structure. In the case of a private street or street acquired by statutory user as defined by Minnesota Statutes, the setback shall be measured from a line 15 feet from the edge of the traveled surface.
STREET. A public right-of-way or private way serving three or more properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise designated, which is used or can be used for travel.
STREETS, ARTERIAL. Those streets, as identified in the Shorewood Comprehensive Plan, carrying larger volumes of traffic and serving as links between various subareas of the community. Arterial streets are intended to provide for collection and distribution of traffic between highways and collector streets; hence regulations of direct access to property is critical.
STREETS, COLLECTOR. Those streets, as identified in the Shorewood Comprehensive Plan, that carry 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.
STREETS, LOCAL. Those streets, as identified in the Shorewood Comprehensive Plan, that are used primarily for access to abutting properties and for local traffic movement.
STREETS, MARGINAL ACCESS. Those local streets that are parallel and adjacent to thoroughfares and highways and that provide access to abutting properties and protection from through traffic.
STREETS, CUL-DE-SAC. Those local streets with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
STREET WIDTH. The shortest distance between lines of lots delineating the streets right-of- way.
SUBDIVIDER. Any individual, firm, association, syndicate, co-partners, 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 division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or of building developments. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
(Am. Ord. 380, passed 2-11-2002)
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