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)