5.11 PCSR 05-23-1995 {( � ITEM 5.11.
'tyof �
.lk �River MEMORANDUM
TO: Planning Commission
FROM: Steven B. Ach, City Planner
DATE: May 23, 1995
SUBJECT: Ordinance Amendment by the City of
Elk River, Public Hearing Case No.
OA 94-7
Request
The City of Elk River is requesting to amend the subdivision ordinance.
Overview
• Over the past several months, a complete review of the subdivision ordinance
has been undertaken. A draft of some of these revisions were submitted to
the Planning Commission at their April workshop meeting. Since that time,
additional changes, as well as a meeting with local developers has taken
place to further refine the City's subdivision ordinance.
The subdivision ordinance has probably not been updated in a comprehensive
manner for the past ten years. Therefore, given the amount of development
occurring in the City and the need to have ordinances that will properly
address the City's concerns in reviewing forthcoming development proposals,
it is timely to take a comprehensive review of the City's subdivision
ordinance.
Changes proposed within the ordinance are threefold:
• Consistency with current operating procedures - As I mentioned above, it
has been several years since the subdivision ordinance has been amended.
Over the years, the City's policies and approach to administering the
subdivision ordinance has changed. In response to these changes as well
as new trends in development and subdivision practice, or, to address
pitfalls within the subdivision process the amendment is warranted.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission Page 2
May 23, 1995
III
• Format Changes - In drafting ordinances it is important to structure
ordinances to make them as user-friendly as possible. The subdivision
ordinance along with other development regulations are important
documents for the development community to obtain and understand.
Therefore, an attempt to format the ordinance has been done to be as easy
to read as possible.
• Grammatical Corrections - Throughout the ordinance, there are a handful
of typos or inappropriate references that have changed over time. These
also have been corrected to more accurately reflect the City's current
practice in administering the subdivision ordinance.
Without going into great detail on all the changes presented in the proposed
ordinance, staff will walk through some of the major changes at Tuesday
night's meeting. If any of the Planning Commission members have questions
regarding a specific section of the ordinance, I would encourage you to call me
prior to Tuesday night's meeting. This will allow staff the opportunity to
obtain the necessary information to address your question at Tuesday night's
meeting.
Recommendation
• It is recommended the Planning Commission recommend approval of the
proposed subdivision ordinance with the changes as presented and with any
additional changes the Planning Commission may wish to include.
•
s:planning:pc:oa94-7
54' sY
SECTION 1008 - SUBDIVISION ORDINANCE
1008.00 - SHORT TITLE
This ordinance shall be known as the "SUBDIVISION ORDINANCE OF
THE CITY OF ELK RIVER" and will be referred to herein as "this
Ordinance. "
1008.02 - PURPOSE
All subdivisions 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:
1 . Provide for and guide the orderly, economic and safe
development of land and urban services and facilities.
2 . Encourage well-planned, efficient, and attractive
subdivisions by establishing adequate standards for design and
construction.
3 . Facilitate adequate provision for streets, transportation,
• water, sewage, storm drainage, schools, parks, playgrounds, and
other Public services and facilities.
4 . Place the cost of improvements against those benefiting from
their construction.
5 . Secure the rights of the public with respect to public lands
and waters.
6 . Set the minimum requirements necessary to protect the public
health, safety, and general welfare.
1008.04 - SCOPE AND LEGAL AUTHORITY
The rules and regulations governing plats and subdivision of land
contained herein shall apply within the boundaries of the City of
Elk River (the City) in accordance with and as permitted by
Minnesota Statutes (the Law) . Except in the case of
resubdivision, this Ordinance shall not apply to any lot or lots
forming a part of a subdivision recorded in the office of the
Rcgiotcr of Dccdo County Recorder prior to the effective date of
this Ordinance, nor is it intended by this Ordinance to repeal,
annul or in any way impair or interfere with existing provisions
of other laws or ordinances except those specifically repealed
by, or in conflict with, this Ordinance, or with restrictive
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covenants running with the land. Where this Ordinance imposes a
111 greater restriction upon the land than is imposed or required by
such existing provisions of this Ordinance shall control.
1008 06 - RULES AND DEFINITIONS
1. Rules.
A. 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 work "shall" is
mandatory, and the words "should" or "may" are permissive.
B. In the event of conflicting provisions in the text of
this Ordinance, the more restrictive shall apply.
2 . Definitions . Unless the context clearly indicates
otherwise, the words, combination of words, terms and phrases as
used in Section 1008 . 00 et seq. shall have the meanings set forth
in the following paragraphs:
ADMINISTRATIVE SUBDIVISION: A subdivision involving the creation
of no more than two four or fewer parcels, tracts or lots .
111 ADMINISTRATIVE SUBDIVISION REVIEW COMMITTEE: The City
Administrator, thc Building and Zoning Administrator, and any
othcr person designated by the City Administrator.
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 thc cnd of a block and lo atcd bctwccn two
corncr lots .
CENTRAL SEWAGE SYSTEM: A community sewer system including
collection and treatment facilities established by the subdivider
to serve the subdivision.
COMPREHENSIVE DEVELOPMENT PLAN: A comprehensive plan prepared by
the City including a compilation of policy statements, goals,
standards and maps indicating the general locations recommended
for various functional classes of land use, places and
structures, and for the general physical development of the City.
It shall have the same meaning as " comprehensive municipal plan"
• in the Law.
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CONCEPT REVIEW COMMITTEE:
111
Committee appointed by the City Administrator to undertake a
comprehensive review of subdivisions of land in order to
determine how the proposed development will affect traffic,
utilities. drainage, community facilities, public safety.
surrounding development, natural features, historic sites, open
space. etc. The Committee shall also consider the proposed
development in terms of its conformity with the City' s
Comprehensive Plan.
CONTOUR MAP: A map on which irregularities of land surface are
shown by lines connecting points of equal elevation. Contour
interval is the vertical height between contour lines .
COPY: A print or rcproduction made from a tracing.
NER • : A lot bordered on at least two (2) aides by
adjoining streets.
COUNTY: Sherburne County, Minnesota.
COUNTY BOARD: The Sherburne County Board of Commissioners .
411 DEFLECTION: The angle between a line and the prolongation of the
preceding line.
DEVELOPMENT: The act of building structures or installing site
improvements .
DOUBLE FRONTACE LOTS: Lots which have a front linc abutting on
one street and a back or rear linc 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 the
public, quasi-public or persons peroono other than the owner.
FINAL PLAT: The final map, drawing or chart on which the
subdivider' s plan of subdivision is presented to the City Council
for approval and which, if approved, will be submitted to the
County Register of Deeds Recorder.
INDIVIDUAL SEWAGE TREATMENT SYSTEM: A sewage treatment system or
part thereof, serving a dwelling, or other establishment, or
group thereof, which utilizes subsurface soil treatment and
410 dispersal .
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definitely shows the arca proposed to be platted and the areas
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 registered land survey map certificate of
survey, for the purpose of sale or lease or separate use thereof.
LOT. BUTT: A lot at the end of a block and located between
two corner lots.
LOT. DEPTH:
LOT. CORNER: A lot bordered on at least two (2) sides by
adjoining streets.
LOTS, DOUBLE FRONTAGE: A lot of which opposite ends abut on
a street.
LOT. WIDTH: The horizontal distance between side lot lines,
measured at the required front setback line.
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,
411 lot or area by described lines or portions thereof.
MINIMUM SUBDIVISION DESIGN STANDARDS: The guides, principles and
specifications for the preparation of subdivision plans
indicating, among other things, the minimum and maximum
parameters of the various elements set forth in the plans .
NATURAL WATERWAY: A natural passageway in the surface of the
earth so situated and having such a topographical nature that
surface or percolating water flows through it from other areas
before reaching a final ponding area.
OWNER: An individual or legal entity having sufficient legal
interest in the land sought to be subdivided to commence and
maintain proceedings to subdivide the same under this Ordinance.
OUTLOT: A remnant from a subdivision that is not a developable
piece of property unless replatted in accordance with City
Ordinances.
PEDESTRIAN WAY: A public right-of-way or easement across or
within a block, to be used by pedestrians.
PERSON: Any individual or legal entity.
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PLAT: A map or drawing which graphically delineates the boundary
111 of land parcels for the purpose of identification and record of
title. The plat is a recorded legal document and must conform to
the Law.
PLATTING AUTHORITY: The City Council .
PRELIMINARY PLAT: The preliminary map, drawing or chart
indicating the proposed layout of the subdivision to be submitted
to the Planning Commission and City Council for their
consideration.
PROTECTIVE COVENANTS: Contracts entered into between private
parties which constitute a restriction on the use of all or some
of the private property within a subdivision for the benefit of
the property owners .
PUBLIC SEWER OR PUBLIC SEWAGE SYSTEM: A sewer or sewage system
in which all owners of abutting properties have equal rights, and
which is controlled by a public authority.
RIGHT-OF-WAY: The land covered occupied or intended to be
occupied by a street, sidewalk, pedestrian way, utilities or
other specific use. public road or othcr land dcdi atcd for
• public use or rcstrictcd for certain private use such as
utilitico .
SEWAGE: Any water-carried domestic wastes, exclusive of footing
and roof drainageroff drainage, from any industrial,
agriculturalagribultural or commercialcomcmrcial establishment,
or any dwelling or other structure. Domestic waste includes, but
is not limited to, liquid waste produced by bathing, laundry,
culinary operations, and liquid wastes from toilets and floor
drains. Domestic waste specifically excludes animal waste and
commercial process wastes.
SKETCH PLAN: An informal layout of the proposed subdivision
including preliminary topographic data, location of existing
structures, requested zoning changes, relationship to existing
community facilities and relationship to existing surrounding
land use. This plan is not necessarily drawn to scale and exact
accuracy is not a requirement.
STANDARD SUBDIVISION: A subdivision involving the creation of
five or more than two parcels, tracts, or lots .
STREETS AND ALLEYS :
110
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1 . Alley - A public right-of-way which is used primarily for
411 secondary vehicular service access to the back or the side of
properties abutting on a street .
2 . Arterial Street - A street or highway with access
restrictions designed to carry large volumes of traffic between
various sectors of the City or County and beyond.
3 . Collector Street - A street which carries traffic from minor
streets to arterials .
4 . Cul-de-sac - A minor street with only one outlet and having
an appropriate turn-around for the safe and convenient reversal
of traffic movement .
5 . Marginal Access Street - A minor street which is parallel
and adjacent to an arterial street and which provides access to
abutting properties and protection from through traffic.
6 . Minor Street - A street of limited continuity which is used
primarily for access to abutting properties .
7 . Private Street - A street serving as vehicular access to two
(2) or more parcels of land which is not dedicated to the public
but is owned by one or more private parties .
8 . Street - A public right-of-way accepted or a private right-
of-way approved pursuant to the requirements set forth for
private streets under the section entitled Subdivision Design
Standards of the Code by public authority which provides a legal
primary means of public access to abutting property. The term
"street" shall include a highway, thoroughfare, arterial,
parkway, collector, avenue, drive, circle. road. boulevard or any
other similar term describing an entity complying with the
preceding requirements .
1 . £trect A public right of way acccptcd or a private right
of way approved pursuant to the rcquircmcnts of Section
1008 . 15 (5) (N) of the Code by public authority which provides a
legal primary means of public acccs„ to abutting property. The
term "street" shall include a highway, thoroughfare, arterial,
parkway, collector, avenue, drive, circle, road, boulevard or any
other similar term describing an entity complying with the
• preceding requirements .
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2 . Collector Strcct A street which carries traffic from minor
411 streets to arterials.
3 . Cul de sac A minor street with only one outlet and having
an appropriatc turn around for the safe and convcnicnt reversal
of traffic movcmcnt.
1 . Marginal Access Street A minor street which is parallel
and adjaccnt to an artcrial street and which providcs access to
abutting properties and protection from through traffic.
Minor Street A street of limited continuity which is used
primarily for access to abutting propertics .
6 . Alley A public right of way which is used primarily for
secondary vehicular service access to the back or the side of
properties abutting on a street.
7 . i ate St ect A street serving as vehicular access to two
(2) or more parcels of land which is not dedi ated to the public
but is owned by one or more private parties .
8 . Arterial Street A street or highway with acccs.,
restrictions designed to arry large volumes of traffic between
• various sectors of the City or County and beyond.
STREET WIDTH: The shortest distance between the lines delineating
the right-of-way of a street .
SUBDIVIDER: Any person commencing proceedings under this
Ordinance to effect a subdivision of land hereunder for himself
or for another.
SUBDIVISION: The division or separation by plat or metes and
bounds description of an area, parcel, or tract of land under
single ownership into more than two or more parcels, tracts or
lots for transfer of ownership or for residential, commercial,— or
industrial development, or other use or any combination thereof;
or any separation or division of land necessitating the creation
of a new street or road or other use or any combination thereof:
except those separations: . The term includes resubdivision and
where it is appropriate to the context relates either to the
process of subdividing or the land to be subdivided. The term
subdivision shall not include:
a. Where all the resulting parcels. tracts. lots, or
interests will be 20 acres or larger in size and 500 feet in
110 width for residential uses and five acres or larger in size
for commercial and industrial uses;
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411
b. Creating cemetery lots
c. Resulting from court orders, or the adjustment of a
lot line by the relocation of a common boundary.
A. Thc scparation or division of land for agricultural
purposcs into parccls, tracts or lots grcatcr than twcnty
(20) acres in ar as whcrc no new strccts, roads or othcr
right of ways arc involvcd; or
B. Thc scparation or division of a parccl, tract or lot
for the purposc of attachmcnt to contiguous parccls, tracts
or lots providcd that no residual parccl, tract or lot io
• lcft unattachcd.
B. The separation or division of a parcel. tract or lot
for the purpose of attachment to contiguous parcels. tracts
or lots provided that no residual parcel. tract or lot is
left unattached.
TANGENT: A straight line; also a straight line projected from the
end of a curve, which is perpendicular to a line in the curve
drawn from the radius Point to the end of the curve.
TRACING: A plat or map drawn on transparent paper or cloth which
can be reproduced by using regular reproduction procedure.
ZONING ORDINANCE: The zoning ordinance of the City adopted by the
City Council .
•
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S1008.08 - PROCEDURE
1. Standard Subdivision. Standard subdivisions shall be
reviewed by the City in accordance with the following procedures:
A. Pre-Application Meeting. Prior to the preparation of a
preliminary plat, the subdivider or owner shall meet with
the City Administrator and other appropriate officials
designated by thc City Administrator in order to be made
fully aware of all ordinances, regulations and plans
applicable to the area to be subdivided. At this time or at
subsequent meetings, the subdivider may submit a general
sketch plan of the proposed subdivision and preliminary
proposals for water supply and waste disposal. The
subdivider is urged to avail himself himself of the advice
and assistance of the City Planning Commission and other
appropriate officials at this point to expedite review and
approval of the preliminary plat.
B. Preliminary Plat .
i. After the pre-application meeting, the subdivider
or owner shall file with the City Clerk Planning
411 Department fifteen (15) a completed and signed
application along with twelve (12) copies of a
preliminary plat which has been prepared in accordance
with the regulations setforth in this Chapter. Thc
preliminary plat shall be accompanied by proof of
ownership (abstract, title insurance policy,
registered property abstract and any unrccordcd
documents satisfactory to the City Attorncy. All
plats and subdivisions presented to thc City Clerk for
approval by the Planning Commission and City Council
shall be accompanied by a filing fee established by
resolution of the City Council .
Council, or abandonmcnt or withdrawal of thc proposed
plat or subdivision by the subdivider, shall not
entitle thc person or persona who paid thc fcc to the
return of all or any part thereof.
ii . If thc proposed subdivision abuts on a county
right of way, the City Clerk may rcfcr onc (1) copy of
thc preliminary plat to thc County Engineer, onc (1)
copy to thc City Administrator and two (2) copies to
.
thc City Planning Commission for their review and
rcport . Thc subdivider shall obtain a certificate
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from the County Enginccr stating that thc subdivision
complies with county standards rclating to street
Plats abutting county rights of way shall not be
approved without county certification. A similar
procedure shall be followed wi - -- - - - 5- z- •'- -of Transportation if thc proposed subdivision abuts a
roadway undcr the jurisdiction of the Statc of
Minnesota. The County Engineer shall approve or deny
ccrtifi ation twenty (20) days after thc date of
rcccipt of thc plat . The Cit - = - _
(20) days after thc date of rcccipt of the preliminary
plat.
If thc proposed subdivision docs not abut on a county
right of way, the City Clcrk may rcfcr one (1) copy of
the preliminary plat to the City Administrator, and
two (2) copies to the City Planning Commission. The
Enginccr shall report to the Planning Commission
twenty (20) days after the date of rcccipt of the
plat.
iii . Within thirty (30) days after the preliminary
• plat is filed with the City Clerk and after reports
(i) , (ii) and a report from the City Administrator or
his designee have bccn received as requested, the City
Planning Commission shall hold a public hearing on the
preliminary plat after notice of the date, time, place
and purpose of the hearing has bccn published once in
thc date of hearing. The Planning Commission may, in
plat to utilities, school districts and affected
metropolitan, county, regional, special district or
state agencies for review and comment. The rcfcrral
must be submitted to the city within twenty (20) days
after the date of rcfcrral . The Planning Commission
shall make its written recommendations on the
preliminary plat to the City Council within thirty
the subdivider shall consent on the record to a
continuance.
• iv. Except = -- - _ _ . ' _-_ -- - - , - oo- -_ -- - _
the City Clerk, after the Planning Commission has
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submitted its rccommcndation on thc plat, thc City
111 Council as the Platting Authority shall makc its
decision within sixty (60) days of the datc of thc
Planning Commission h aring unless the subdivider
shall consent on thc record to a continuance. It may,
by resolution setting forth findings and reasons for
its decision, :
a. Grant approval of the preliminary plat, with
or without modifi ation, and without conditions,
or with such conditions as thc Council may deem
necessary or desirable upon making the findings
set forth in Cection 1008 . 08 (1) (D) of this
Ordinance; or
b. Refer the preliminary plat to the appropriate
City staff, officers or departments for further
investigation and report to the Council at a
specified future meeting thereof; or
c. Reject the preliminary plat .
v. Approval of the preliminary plat is an acceptance
of the general layout submitted and indi ates to the
• subdivider that he may proceed toward approval of the
final plat in accordance with the resolution granting
preliminary approval and the terms of this ordinance.
vi . 8ubsequcnt to approval of the preliminary plat
and prior to approval of the final plat, the
subdivider shall submit engineering plans,
satisfactory to the City Administrator, for all
required improvements.
C. Final Plat .
i . Within one (1) year after the date of City
Council approval of the preliminary plat, the
subdivider or owner shall file ten (10) copies of the
final plat with the City Clerk. If the final plat is
not filed within said period, the preliminary plat
will be considered void unless for good ausc shown an
extension is requested in writing by the subdivider
and granted by the City Council.
ii . The plat must be consistent with the preliminary
plat as approved by the City Council or it will be
• sent back to Planning Commi^pion and City Council for
preliminary plat review.
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iii . When approval of thc preliminary plat has bccn
given by the Council and all required improvcments
have bccn complctcd or Developer Agreement described
in Section 1008 .22 (2) cxccutcd by the City and the
person or persons who filcd ouch plat, and security
furnished and land sct asidc and dcdi atcd or
cquivalcnt cash contribution made, and thc conditions
imposed by thc City Council at the time of granting
approval of the preliminary plat have bccn fully met
and complied with, the City Clerk shall submit a
supplementary report thereon to the Council for
approval of the final plat which shall be given by
resolution upon making of the findings herein
required. If the Council imposes conditions in any
approval of the final plat, then the officers of the
City shall not sign ouch plat, nor shall the City
Clerk issue any certified copy of the resolution of
the City Council giving ouch final approval, until
such conditions arc met and complied with. The City
Clerk is authorized, once such conditions have bccn
met and complied with, to issue a certified copy of
the resolution of the City Council giving such final
111
D. Findii• . R : it + . The findings necessary for City
Council approval of the preliminary plat and the final plat
shall be as follows:
i . The proposed subdivision is consistent with the
Zoning Ordinance and conforms with all its
requirements.
ii . The proposed subdivision is consistent with all
applicable general and specialized City, County, and
regional plans including, but not limited to, the
City' s Comprehensive Development Plan.
iii . The physi al characteristics of the site,
including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation,
for the type and density of development and uses
contemplated.
411 for water supply, storm drainage, sewage
transportation, erosion control and all other
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S
• required hcrcin.
•
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• v. Thc proposcd subdivision will not ausc
substantial environmental damage.
vi . The proposed subdivision will not conflict with
judgment of a court .
vii . Thc proposed subdivision will not have an undue
and adverse impact on the r asonablc development of
ncighboring land.
ii . The concept review committee shall undertake a
comprehensive review of the preliminary plat in order
to determine how the proposed development will affect
traffic, utilities, drainage, community facilities.
public safety. surrounding development, natural
features, historic sites, open space, etc. The
committee shall also consider the proposed development
in terms of its conformity with the city' s
comprehensive land use plan.
iii . The Planning Department shall compile comments
from the Concept Review Committee and prepare a
• written report to the Planning Commission. A copy of
the report shall also be sent to the subdivider.
iv. A copy of the preliminary plat shall be referred
to the Park and Recreation Commission. The Park and
Recreation Commission shall make a recommendation to
the Planning Commission and City Council prior to the
public hearing on the preliminary plat.
v. The Planning Department shall submit copies of
the preliminary plat to the Sherburne County Highway
Department, Minnesota Department of Transportation and
other appropriate agencies (where applicable) .
vi . The Planning Department shall refer copies of the
preliminary plat to the Planning Commission. The
Planning Department shall arrange for a public hearing
to be held within forty-five (45) days of the approval
of the application by the Planning Department . The
required legal publication shall be made and notices
shall be sent to all property owners of record within
three hundred fifty (350) feet of the exterior
boundaries of the proposed plat and within three
411 hundred fifty (350) feet of all contiguous property
under common ownership. The developer is required to
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S obtain the above mentioned property owners list from
the Sherburne County Auditor' s office.
vii . The subdivider or a duly authorized
representative shall attend the Planning Commission
meetings at which the proposal is scheduled for
consideration.
viii . At the public hearing, all persons interested in
the proposed subdivision shall be heard and the
Planning Commission shall either approve, modify and
approve, or disapprove the preliminary plat, and
submit to the council, its findings and
recommendations. The subdivision application shall be
preliminary approved or disapproved by the City
Council within 120 days following delivery of an
application completed in accordance with the City
requirements . The applicant may agree to or request
an extension of the review period. Failure to act
within the one hundred-twenty (120) day period shall
deem approval of preliminary plat .
ix. At this time, the subdivider shall petition the
• Council for installation of the required improvements .
The Council may order a feasibility report and the
subdivider will escrow for the estimated cost of such
a report, as estimated by the City Engineer.
3 . Final Plat
i . The subdivider within one (1) year after the
approval of the preliminary plat shall file, with the
Planning Department, five (5) copies of the final plat
prepared by a land surveyor duly registered in the
State. Failure of the subdivider to submit the final
plat within one (1) year, unless a written request for
extension has been submitted and for good cause
granted by the Council, shall cause the preliminary
plat to become null and void. However, the subdivider
may continue to final plat a "phase" of the approved
preliminary plat within one year of each phase in
order to extend valid approval of the preliminary
plat . If all of the phases of the approved
preliminary plat is not finalized within a three year
period from the date of Council approval, the
preliminary plat will become null and void unless the
• subdivider requests an extension.
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• ii . The subdivider shall also submit to the City, at
the same time, a title opinion or title insurance
naming the City as an insured party, a copy of any
restrictive covenants, and such other evidence as the
City may require showing the subdivider' s title or
ownership in the land to be subdivided.
iii . The subdivider shall have incorporated all
changes and modifications in the final plat required
by the Council . In all other respects. the final plat
shall conform to the preliminary plat or it will be
sent back to the Planning Commission and City Council
for preliminary plat review.
iv. The subdivider or a duly authorized
representative shall attend the meeting before the
Council at which the final plat is scheduled for
consideration.
v. The Council may, if all reports indicate full
compliance with the provisions of this chapter,
approve the final plat as submitted and adopt the
411 attached resolution.
vi . The subdivider shall, if the final plat is
approved by the Council and signed by the appropriate
individual, record the final plat with the County
Recorder' s office.
vii . The subdivider shall record one mylar (1) copy of
the final plat with the County that can be returned
and kept as a record document by the City.
C. Findings Required. The findings necessary for City
Council approval of the preliminary plat and the final plat
shall be as follows :
i . The proposed subdivision is consistent with the
Zoning Ordinance and conforms with all its
requirements .
ii . The proposed subdivision is consistent with all
applicable general and specialized City, County, and
regional plans including, but not limited to, the
City' s Comprehensive Development Plan.
110
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• iii . The physical characteristics of the site,
including but not limited to topography. soils.
vegetation, susceptibility to erosion and siltation.
susceptibility to flooding, and drainage are suitable
for the type and density of development and uses
contemplated.
iv. The proposed subdivision makes adequate provision
for water supply. storm drainage, sewage
transportation, erosion control and all other
services, facilities and improvements otherwise
required herein.
v. The proposed subdivision will not cause
substantial environmental damage.
vi . The proposed subdivision will not conflict with
easements of record or with easements established by
judgment of a court.
vii . The proposed subdivision will not have an undue
and adverse impact on the reasonable development of
neighboring land.
• 2 . Administrative Subdivision.
A. Purpose. The Administrative Subdivision procedure for
processing applications for the division of land is intended
to provide an expedited procedure in those limited cases
where strict adherence to the standard platting process is
not required. The Administrative Subdivision procedure is
not intended to be a substitute for the standard platting
process set forth in this OrdinanceCcction 1008 . 08, Cubd. 1.
Administrative Subdivision procedures may be utilized where
the following circumstances exist.
i . The property to be divided will result in no more
than four two (2) or lcoo lots.
ii . The property to be divided will not require the
dedication of public right-of-way for purposes of
gaining access to the subdivided property.
iii. The property has not been the subject of division
by the Administrative Subdivision procedure in the
previous two ycir3. previous years.
• iv. The new parcels will rcoult in a platted legal
description except in thc caoc of thc creation of one
10.30313122
• ncw agricultural or one ncw Dingle family residential
zoned parcel .
B. Procedure. Except as hereinafter specifically
provided, administrative subdivisions shall conform to all
standards, procedures and requirements applicable to
standard subdivisions under this Ordinance.
i . Prior to formal application, sketch plans andjor
surveys prcliminary and final plat, if required, shall
be reviewed by the Planning Department Conccpt Rcvicw
Committee for submission of a written recommendation
thereon to the City Council. Administrative
subdivisions do not require review by the Planning
Commission unless required by referral of the City
Council. The Planning Department Conccpt Rcvicw
Committee shall initially determine and recommend to
the City Council the extent to which an
administrative subdivision shall be subject to the
requirements of this Ordinance.
ii . The Administrative Subdivision shall be submitted
to the Park and Recreation Commission for review. A
recommendation should be forwarded on to the City
• Council for consideration, along with the proposed
subdivision.
iii. After the Planning Department Conccpt Rcvicw
committee has submitted its recommendation
through thc Zoning Administrator to the Council
concerning the proposed administrative
subdivision, the City Council shall hold a public
hearing thereon after notice of the date, time,
place and purpose thereof has been published once
in the official newspaper at least ten (10) days
before the date of the hearing. oc thcrcof has
bccn published oncc in thc official newspaper at
least tcn (10) days bcforc thc date of thc
h aring. The consolidation and approval of thc
plat may consolidate thc prcliminary and final
plat approval in thc same action.At the
discretion of the City, preliminary and final
plat may be submitted at the same time to the
City Council for consideration. This
consideration will be determined based on issues
and complexity associated with the subdivision.
•
10.31313122
-5,41tr
s1008.10 - DATA FOR PRELIMINARY PLAT
1. Identification and Description.
A. Proposed name of subdivision, which shall not duplicate
or be similar in pronunciation or spelling to the name of
any Plat heretofore recorded in the County.
B. Location by section, township, range, and by legal
description.
C. Name of municipality.
CD. Names and addresses of the record owner, subdivider,
land surveyor, engineer, designer of the plan, and any agent
having control of the land.
DE. Graphic scale not less than one (1) inch to one
hundred (100) feet. unless requested by the City.
E . North arrow.
C. Key map including area within one (1) mile radius of
411 plat.
F. 4— Date of preparation.
I . A currcnt Abstract of Title or a Registered Property
Ccrtifi atc along with any unrccordcd documents.
2 . Existing Conditions.
A. Boundary survey which shall be tied into the nearest
section or quarter section corner by traverse.
B. Existing zoning classifications for land within and
abutting the subdivision.
C. A general statement of the approximate acreage and
dimensions of the lots .
D. Location, right-of-way width, and names of existing or
platted streets, or other public ways, parks, and other
public lands, permanent buildings and structures, easements
and section and corporate lines within the proposed
subdivision and to a distance one hundred fifty (150) feet
111 beyond.
10.266
• E. Boundary lines of adjoining platted or subdivided land,
within one hundred fifty (150) feet, identified by name and
ownership, including all contiguous land owned or controlled
by the subdivider.
F. Topographic date, based on the City datum, including
contours at vertical intervals of at least two (2) feet.
Water courses, wetlands, marshes rock outcrops. Power
transmission poles and lines, and other significant features
shall also be shown. U.S.G.S. data shall be used for all
topographic mapping where feasible.
C. 2\n accuratc soil rcport of thc propoocd subdivision
indicating soil conditions, propertico, permcability and
olopc, acccptablc to thc City.
G.i - Utilities on or adjacent to the property, including
location, size and invert elevation of public sanitary and
storm sewers; location and size of water mains; location of
gas mains, fire hydrant, electric and telephone lines, and
street lights. The direction and distance to, and size of,
such facilities shall be indicated, showing invert elevation
of sanitary and storm sewers, including catch basins,
manholes and hydrants . Such data may be that available from
111 City plans, and the source thereof so noted, unless such
utilities are located on the subject property. In all
instances, they shall be field checked as far as
practicable.
H. Under certain circumstances the City may require a
complete tree inventory identifying the types and location
of all trees greater than six (6) inches in diameter when
measured at a point four (4) feet above the ground level
shall be specified. Information, to the extend feasible,
shall also be provided as to type, weakness, maturity,
infestation resistance, density and spacing. Trees to be
removed for streets, drives, buildings, drainage or other
purposes shall be identified.
3 . Subdivision Design Features .
A. Layout of proposed streets showing the right-of-way
widths, centerline gradients, typical cross sections, and
proposed names of streets . The name of any street
heretofore used in the City or its environs shall not be
used unless the proposed street is a logical extension of an
already named street, in which event the same name shall be
• used. Street names shall conform to the master street name
and numbering system as adopted.
10.2724
110
B. Location and width of proposed alleys and pedestrian
ways.
C. Lot sizes, layout, numbers and preliminary dimensions
of lots and blocks.
D. Minimum front and side street building setback lines .
E. When side lot lines are not parallel, the width of the
lot will be measured at the building setback line. The
octback diotancc may be incr aocd until thc minimum width
can be obtaincd on thc sctback linc. In no aoc an thio
adjuotcd octback diotancc be lcoo than thc rcquircd minimum.
thc prcliminary plat.
F. Areas other than streets, alleys, pedestrian ways and
utility easements, intended to be dedicated or reserved for
public use, including the size of such area or areas in
acres.
G. Location, size and approximate gradient of proposed
public sewer lines and water mains. If public sewer and
410 water are not available, the engineer shall provide site
evaluation data required by Minnesota Pollution Control
Agency Individual Sewage Treatment Standards (Chapter 7080)
to determine the suitability of the site for individual
sewage treatment systems. Such data, consistent with
Chapter 7080, may include, but is not limited to, depth to
the highest known or calculated ground water table or
bedrock; soil conditions, properties and permeability;
slope; existence of lowlands; local surface depressions and
rock outcrops; legal setback requirements; soil borings and
percolation tests. reference shall be made to "Soil Survey:
Sherburne County, Minnesota, " U.S. Department of
Agriculture, Soil Conservation Service, and any other
available sources. The data required should be determined by
the City, in its discretion.
4 . Other Information. All or any part of the following
information shall be provided at the request of the City:
A. Statement of the proposed use of lots stating type of
residential buildings with number of proposed dwelling units
or type of business or industry, so as to reveal the effect
of the proposed development on traffic, fire hazards, and
congestion of population.
10.2826
B. Proposed protective covenants, if any.
C.G, A drainage plan for the area indicating the direction
and rate of natural storm water runoff and those unaltered
areas where storm water collects and percolates into the
ground. A proposed drainage plan for the developed site
indicating the direction and rate of runoff and those areas
where storm water will collect and percolate into the ground
shall also be included.
D.D, A proposed finished grading ohown plan showing at
contour intervals appropriate to the topography or spot
elevations clearly indicating the relationship of proposed
changes to existing topography and remaining features.
E. If any zoning changco arc contcmplatcd, thc propoocd
zoning plan for thc arcao .
E.F, Where the subdivider owns property adjacent to that
which is being proposed for the subdivision, thc Planning
Commiooion ohall rcquirc that the subdivider shall submit a
sketch plan of such remaining property so as to depict the
possible relationships between the proposed subdivision and
the future subdivision.
F.G— Potential resubdivision and use, including placement
of structures, of large lots shall be indicated in a
satisfactory manner.
G.14, A plan for soil erosion and sediment control both
during construction and after development has been
completed. The plan shall include a timing schedule and
sequence of operation indicating the anticipated starting
and completion dates of the particular development sequence
and the estimated time of exposure of each area prior to
completion of effective erosion and sediment control
measures. Gradients of waterways, design of velocity and
erosion control measures, and landscaping of the erosion and
sediment control system shall also be shown.
H. A vegetation preservation and protection plan to
provide stabilization of erosive or sediment-producing areas
by covering soils with:
i . Permanent seeding or sodding, producing areas
covered with a turf of perennial sod-forming grass .
10.29e
110 ii. Short-term seeding, producing temporary
vegetative cover such as annual grasses, grains or
other temporary ground cover.
iii . Mulching, by the application of plants or other
suitable material on the newly seeded surface to
conserve moisture, hold soil in place and aid in
establishing plant cover.
The types and location of all trees greater than six
z.
(4) feet above the ground level shall be specified.
Information, to the extent f asiblc, shall also be
for streets, drives, buildings, drainagc or other
z.
H.t - Any variances required shall be shown on the
preliminary plat .
411 I .4c- Such other information as may be requested by the
Citythc City Planner, the City Administrator or City
-_ = -- - - _- . for review of the application.
1008.12 - DATA FOR FINAL PLAT
1. General .
A. The final plat shall be prepared by a land surveyor who
is registered in the State of Minnesota and shall comply
with the provisions of the Law and of this Ordinance.
B. Surveying requirements for the final plat shall be
under the regulation of the County Surveyor. The County
Surveyor shall submit a report to the City Administrator
regarding the conformance of the proposed final platplant to
the approved preliminary plat, the requirements of this
Ordinance and all provisions of the Minnesota Statutes
regarding the platting of land. If the County Surveyor
initially prepared a proposed final plat, another Registered
Land Surveyor chosen by the City Administrator shall examine
said plat and submit a report to the City.
i
10.3026
• C. Title opinion prepared or approved by the City Attorney
based upon examination of an abstract of the records of the
County Recorder or the Registrar of Titles for the lands
included within the plat and showing the title to be in the
name of the owner or subdivider. The date of continuation
of the abstract examined or the date of the examination of
the records shall be within thirty (30) days prior to the
date the final plat is filed with the County Auditor. The
owner or subdivider shown in the title opinion shall be the
owner of record of the platted lands on the date of
recordation of the final plat with the County Recorder or
Registrar of Titles.
D. Execution by all owners of any interest in the land to
be subdivided and any holders of a mortgage therein of deeds
or easements for any area to be conveyed for public use and
any covenants or association documents in such form as shall
be approved by the City Attorney.
E. The subdivider shall provide one (1) print of the final
plat on 11" x 17" drawn at a scale of 1" equals 200' .ohowing
proposed street numbers for thc lots in thc plat.
2 . Cuidancc. For guidance, the applicant' s surveyor may refer
410
Surveyors Association.
3 . Certifications.
A. Form for approval by signature of County officials
concerned with the recording of the plat :
i . Checked and approved as to compliance with
Chapter 505, Minnesota Statutes.
Dated thio day of , 19
(Name)
'Sherburne County Surveyor (or)
Registered Land Surveyor
No
ii . Recommended for approval this day of
, 19
•
10.3126
• Sherburne County Highway Engineer
B. Form for approval of thc City:
i. Approved by thc City of Elk Rivcr, Minnesota,
this day of , 19
Signed
Mayor
Attest
Clerk
C. Form for approval by thc City Attorney:
i . I hcrcby ccrtify that proper evidence of title
has been presented to and examined by mc, and I hcrcby
approve this Plat as to form and cxccution.
Datcd this day of , 19
(Name)
410 Elk Rivcr City Attorney
1008.13 - DATA FOR RELEASE OF FINAL PLAT FOR RECORDING
A. Developer and City sign a Developer Agreement
outlining improvement requirements and conditions of plat
approval .
B. Financial guarantee acceptable to the City to insure
installation of improvements and payment of specific
assessments.
C. Satisfy all conditions set forth in the Final Plat
resolution as approved by the City Council.
D. Payment of applicable City development fees.
1008.14 - SUBDIVISION DESIGN STANDARDS
1. General Requirements.
A. The proposed subdivision shall conform to the
Comprehensive Development Plan official maps and zoning
ordinance.
410
10.32e
B. The arrangement, character, extent, width and location
411 of all streets shall be considered in their relation to
existing and planned streets, to reasonable circulation of
traffic, to topographic conditions, to runoff of storm
water, to public convenience and safety, and in their
appropriate relation to the proposed uses of the land to be
served by such streets . Wherever feasible and necessary,
the arrangement of streets in new subdivisions shall provide
for the continuation of existing streets in adjoining areas .
Where adjoining unsubdivided areas may be subdivided in the
future, the arrangement of streets in a new subdivision
shall make provision for the proper projection of streets
into adjoining areas by carrying the new streets to the
boundaries of the new subdivision at appropriate locations;
temporary easements for vehicular movement shall be provided
until the adjoining areas are developed.
2 . Streets/Alleys.
A. Widths - Street right-of-way widths shall be as
determined in the Comprehensive Development Plan and
official map, if adopted, and, where applicable, shall
conform to county and state standards for trunk highways . If
there are no such plans or standards, right-of-way widths
4110 shall conform to the following minimum dimensions :
Street Right-of-Way Width
Arterial 80 ft .
Collector 70 ft .
Minor Street 60 ft.
Marginal Acccoo Street 50 ft.
Cul-de-Sac Turnaround Radius 60 ft.
B. Street Intersections - Insofar as practical, streets
shall intersect at right angles. In no case shall the angle
formed by the intersection of two streets be less than sixty
(60°) degrees. Intersections having more than four corners
shall be prohibited. Street centerlines should match at
four-way intersections . If this is not possible, there must
be a minimum of 150 feet separation measured between
centerlines.
C. Tangents - A tangent of at least three hundred (300)
feet shall be introduced between reverse curves on arterial
and collector streets.
D. Deflections - When connecting street lines deflect from
each other at one point by more than ten (10°) degrees they
10.3326
shall be connected by a curve with a radius adequate to
411 ensure a sight distance within the Right-of-Wayright of way
of not less than five hundred (500) feet for arterials,
three hundred (300) feet for collectors, and one hundred
(100) feet for all other streets.
E. Turning Radius - Proper design should consider required
turning radius of vehicles for access points or entrances to
and from a highway using standards adopted by the Minnesota
Department of Transportation.
3 . Allcys.
F.P, Location Requirements - Except in the case of a
shopping center, planned as a unit with off-street parking
and loading space, either a public or private alley shall be
provided in a block where commercially zoned property abuts
a major thoroughfare or a major street . Alleys in
residential areas will not be permitted except by resolution
of the City Council .
G.B. Widths - Alleys, where permitted by the City Council,
shall be at least eighteen (18) feet wide in residential
areas and at least twenty-four (24) feet wide in commercial
areas.
i.� Grades - All centerline street gradients in allcyc
shall be at least five-tenths percent (0 .5%) and shall not
exceed cight perccnt (8%) . the following: arterials and
collector streets - 5% to 8%, minor streets - 8%.
I . Minor Streets - Minor streets shall be designed to
discourage use by through traffic.
J. Cul-de-sacs - Cul-de-Sac streets, permanently designed
as such, can be undesirable in terms of traffic movement,
emergency vehicle access, school bus traffic and snowplowing.
The City reserves the right to restrict the number and length
of cul-de-sacs in a subdivision. The maximum length of a
street terminating in a Cul-de-Sac shall be seven hundred
(700) feet, measured from the center line of the street of
origin to the center of the Cul-de-Sac. Longer cul-de-sacs
shall not be allowed, except where the City Council
determines that :
i . the Cul-de-Sac is temporary because the street is
designed to extend into adjoining unsubdivided
411 property and connect with a future street; or
10.3426
ii . it has been clearly shown that, by reason of
411 unfavorable land form or the irregular shape of the
land, a normal pattern cannot be established or land
would be wasted if the additional length were not
allowed.
K. Half Streets - Half streets shall be prohibited except
where it will be practical to require the dedication of the
other half when the adjoining property is subdivided, in
which case the dedication of a half street may be permitted.
The probable length of time elapsing before dedication of
the remainder shall be a factor considered in making this
determination.
L. Private Streets - Private streets shall not be allowed
nor shall public improvements be approved for any private
streets . Private streets may be approved only if the City
determines that :
i . Private ownership will not adversely impact
public health, safety and welfare.
ii . The design is in compliance with appropriate
engineering standards and requirements .
110
iii . A permanent and satisfactory street maintenance
agreement, association document (if applicable) , and
financial assurances exist ensuring that city
maintenance will not be required.
iv. A permanent and sufficient right of access to all
users is provided.
M. Hardship to Owners of Adjoining Property - Street
arrangements for the proposed subdivision shall not cause
undue hardship to owners of adjoining property in
subdividing their own land and providing convenient access
to it .
N. Dedication - All proposed streets shown on the plat
shall be in conformity with the Comprehensive Development
Plan and County comprehensive plans and shall be offered for
dedication as public streets .
4 . Blocks . The length, width and acreage of blocks shall be
sufficient to provide convenient and safe access, circulation,
control and street design. Blocks may not be longer than one
411 thousand three hundred (1, 300) feet, or shorter than three
hundred (300) feet except as specifically recommended by the City
10.3524
Administrator and City Planner and concurred with by the City
Council to foster innovative design consistent with sound
planning principles.
5 . Pedestrian Corridors . Pedestrian ways may be required en
blocks longcr than ninc hundred (900) fcct or in othcr areas to
provide access to schools, parks and other public destination
points. Easements or dedicated corridors for— Ppedestrian ways
between residential dwelling units shall be at least twenty (20)
tcn (10) feet in widthe_ -
5 . Lots.
A. Location - All lots shall abut and have direct access
to a street . The City may establish different access width
requirements for specific lots based on lot location and
shape, needs created by the permitted use and traffic
volumes and patterns proximate thereto.
B. Width - Lots shall have the required minimum width at
the street Right-of-Wayright of way line and the building
setback line except for those lots for which the side lots
are not parallel .
111
C. Size - Lot dimensions shall comply with minimum lot
area and other dimensional requirements specified in the
Zoning Ordinance.
D. Side Lot Lines - Side lines of lots shall be
substantially at right angles to straight lines or
substantially radial to curved street lines.
E. Drainage - Lots shall be graded so as to provide
drainage away from building locations and directed down lot
lines within the proposed drainage and utility easements.
Any lot drainage which is directed onto an adjacent lot must
be within a drainage easement.
F. Natural Amenities - Lots shall be placed to preserve
and protect natural amenities, such as vegetation, wetlands,
steep slopes, water courses and historic areas .
G. Lot Remnants - All remnants of lots less than minimum
lot size remaining after the subdivision of a larger tract
must be added to adjacent lots rather than be allowed to
remain as unusable parcels .
i
10.3626
• ys.iisair
'coo than one hundred fifty (150) fcct shall be avoided for
minor 3trccts.
I . o St cct., Minor 3trccto shall be dcoigncd to
di3couragc uac by through traffic.
= sac 3trccts, permanently dcaigncd
as such, can bc undccirablc in tcrma of traffic movcmcnt,
snowplowing. The City rcccrvec the right to restrict thc
be 3cven hundred (700) fcct, meaaurcd from thc center line
Longer cul dc aacc shall not bc allowed, cxccpt where thc
City Council dctcrminco that:
_--- - shown that, by reacon of
would be acted if thc additional length were not
allowed.
_- -_- .us situation or advcrocly
impact traffic movcmcnt or flow.
be at least fivc tentho perccnt (0.5%) and shall not cxcccd
thc following: artcrial3 and collcctor otrect3 five perccnt
(5%) , minor 3trccto and marginal accccc strcet3 cight
perccnt (8%) .
I J,— Access to Arterial Streets - Where a proposed
subdivision is adjacent to a limited access highway or
arterial street, there shall be no direct vehicular or
pedestrian access from individual lots to such highways or
streets . To accomplish that, right of access shall be
dedicated to the City on the final plat . To the extent
feasible, access to arterial streets shall be at intervals
of not less than one-fourth (1/4) mile and through existing
and established crossroads.
411
10.3726
I .M-- Platting of Small Tracts - In the platting of small
IIItracts of land fronting on arterial streets where there is
no convenient access to existing entrances, and where access
from such plat would be closer than one-fourth (1/4) mile
from an existing access point, a temporary entrance permit
may be granted. Provision shall be made in such plats for
the connection of roads to neighboring land. As the
neighboring land is platted and developed, and access
becomes possible at a preferred location, such temporary
entrance permits shall become void, at the discretion of the
City Council.
J. Double Frontage Lots - Double frontage lots with
frontage on two (2) parallel streets or reverse frontage
shall not be permitted except where lots back on an arterial
or collector street. Such lots shall have an additional
depth of at least ten (10) feet to accommodate vegetative
screening along the back lot line. A landscape easement may
be required to be recorded with the County against these
lots along with the recording of the final plat.
K. Butt Lots - Shall be platted at least 10' wider than
minimum for that zoning district.
• N. alf St Bets Half streets shall be prohibited except
where it will be practical to require the dcdi ation of thc
other half wheR the adjoining property io subdivided, in
which cape thc dedication of a half street may be permitted.
The probable length of time clapping before dedication of
determination.
0. Private Streets Private streets shall not be
preferred nor shall public improvements be approved for any
private streets. Private streets may be approved only if
the City determines that :
i . Private ownership will not adversely impact
public h alth, safety and welfare.
ii . The design io in compliance with appropriate
engineering standards and requirements.
iii . A permanent and satisfactory street maintenance
agreement, association document (if applicable) , and
financial assurances exist ensuring that city
maintenance will not be required.
•
10.3826
• iv. A permanent and sufficient right of access to all
users is provided.
P. Hardohip to Owners of Adjoining Property Street
undue hardship to owners of adjoining property in
to it .
Q. D .i.. i.n All proposed streets shown on the plat
shall bc in conformity with the Comprehensive Development
Plan and County comprchcnoivc plans and ohall bc offered for
dcdi ation ao public otrecto .
R. Do b e o tagc oto Double frontage lots with
or collector street. Such lots ohall have an additional
depth of at least ten (10) feet to accommodate vegetative
ocreening along the back lot line.
6 . Sewage Disposal .
A. In areas being platted without public or central sewage
110 systems, construction, location, design and inspection of
all individual sewage treatment systems within the City
shall be in accordance with Minnesota Pollution Control
Agency Individual Sewage Treatment Systems Standards,
Chapter 7080 et . seq. (hereinafter and heretofore referred
to as Chapter 7080) , as amended from time to time, which
standards are hereby adopted by reference and made a part
hereof as fully as though set forth herein in full, three
(3) copies of which are on file with the City Clerk.
B. In addition thereto, the following appendix to Chapter
7080 is hereby adopted by reference and made a part hereof
as fully as though set forth in full, a copy being on file
with the City Clerk:
i . Appendix A: Alternative Systems.
7 . Tree Removal and Conservation of Vegetation. All
subdivisions shall be planned, designed, constructed and
maintained consistent with the following, at the City' s
discretion:
A. Existing healthy trees and native vegetation on the
• site shall be preserved to the maximum extent feasible and
shall be protected by adequate means during construction.
10.3926
B. Where inadequate vegetation exists on land not being
disturbed for development, permanent vegetation shall be
established as soon as possible.
C. Following construction. vegetation suitable to the
site shall be planted. The type or species of tree planted
shall be approved by the city. Trees with root structures
that are less likely to interfere with utility lines or
sidewalks, or cause other nuisance damage are preferable.
Trees shall have a trunk diameter (measured twelve (12)
inches above ground level) of not less than two (2) inches,
and shall be planted in not less than one (1) cubic yard of
good growing soil with a suitable amount of fertilizer.
Approved multiple varieties shall be used alternately.
Trees shall be planted at intervals of at least one every
sixty (60) feet and at a distance of at least six (6) feet
outside of the road Right-of-Way. No tree shall be planted
within the road Right-of-Way.
C. Following construction, vegetation suitable to the site
be approved by the city. Trec° with root structure° that
• sidewalks, or cause other nuisance damage arc preferable.
Trees shall have a trunk diameter (me cured twelve (12)
inches above ground level) of not less than two (2) inches,
and shall be planted in not less than one (1) cubic yard of
with a suitable amount of fertilizer.
• :_ _ . -_ _ - - -- shall be used alternately.
Trees shall be planted at intervals of at least one every
sixty (60) feet and at a distance of at 1 apt six (G) feet
outside of the road right of way. No tree shall be planted
within the road right of way.
C.$- Consistent with approved grading plans, existing
trees shall be preserved within any Right-of-Wayright of way
when such trees are suitably located and in good health.
D.1r No slash, dead trees, or uprooted stumps shall remain
after development .
8 . Erosion and Sediment Control . The following guidelines
shall be applied in the subdivision and development of land
areas, at the City' s discretion:
A. The development shall conform to the topography and
soils so as to create the least potential for soil erosion.
10.4026
M B. Erosion and sediment control measures shall be
coordinated with the different stages of development .
Appropriate control measures shall be installed prior to
development when necessary to control erosion.
C. The smallest practical increment of land shall be
exposed at any one time during development .
D. When soil is exposed, the exposure shall be for the
shortest feasible period of time, but not longer than sixty
(60) days.
E. Where the topsoil is removed, sufficient aerable soil
shall be set aside for respreading over the developed area.
The soil shall be restored to a depth of four (4) inches and
shall be of a quality at least equal to the soil quality
prior to development.
F. Critical erosion areas exposed during construction
shall be protected with temporary vegetation, mulching or
other acceptable means.
G. Sediment basins (debris basins, desilting basins, or
silt traps) shall be installed and maintained to remove
• sediment from runoff waters from land subject to earth
disturbance activities.
H. Diversions shall be installed to divert surface water
runoff from slopes of ten percent (10%) or steeper.
I . Provisions shall be made to effectively accommodate
increased runoff from slopes of ten percent (10%) or
steeper.
J. Cut and fill slopes shall not be steeper than three
feet horizontal to one foot vertical (3 :1) unless stabilized
by a retaining wall, riprap, or other acceptable means .
K. During grading operations, necessary measures for dust
control, as required by the City, shall be implemented.
9 . Drainage. The natural drainage system shall be used to the
maximum extent feasible for the storage and flow of runoff.
The design of the drainage system shall conform to the City' s
overall storm water management plan. The following
requirements shall also apply:
• A. Proposed drainage facilities shall have adequate
capacity to accommodate potential runoff from their entire
10.416
• upstream drainage area, whether within or without the
subdivision. The effect of the subdivision on existing
downstream drainage areas outside the subdivision shall be
considered in evaluating the adequacy of the storm water
management plan.
B. Storm water runoff shall be discharged to marsh lands,
swamps, retention basins or other treatment facilities.
Marsh lands and swamps used for storm water shall provide
for natural or artificial water level control .
C. No existing ditch, stream, drain or drainage canal
shall be deepened, widened, rerouted or filled without
review and approval by the City.
D. Where artificial channels must be constructed to
augment the natural drainage system, such channels as well
as the natural drainage ways may be planned as part of a
recreational trail system. Channels shall be designed to be
aesthetically compatible for recreational trail use.
E. Quality of storm water runoff and water infiltrated to
the water table shall remain undisturbed, to the maximum
extent feasible, by development of the subdivision.
• F. The drainage system shall be constructed and
operational as part of the first stage of development and
construction.
G. All existing and proposed drainage facilities shall be
located within the drainage and utility easement .
10.422b
1008.16 - EASEMENTS
All easements shall be dedicated by appropriate language on the
plat as required by Law and in accordance with the following:
1. Drainagel. and Utility' _-_ _ - ' ' - - . Easements
at least ten (10) twelvc (12) feet wide, centered on rear and
other lot lines and (10' ) ten feet wide along front lot lines,
shall be provided. All easements along the plat boundary shall
be (10' ) ten feet wide or a minimum of (5' ) five feet wide if
abutting on existing drainage and utility easement on the
adjacent property. 10' along the Right-of-Way. and 10' along plat
boundary unless there is an existing easement on the adjacent
property. for utilitico where neccooary; if appropriate,
casements of lcoaer width may be allowed by the City,
particularly eaoemcnto along front lot linea. They shall have
continuity of alignment from block to block. No fences,
driveways, paved surfaces, other structures, or plantings other
than grass can be placed in a utility easement where it will
interfere with the maintenance of said utilities unless approved
the City. - - --= o . -- - - - - _ _ .
If removal of a fence, other structure, or planting is
necessitated for maintenance of utilities, the cost of removal
• and replacement is the responsibility of the affected property
owner.
2 . Drainage. Easements shall be provided along each side of
the centerline of any water course or drainage channel, whether
or not shown in the Comprehensive Development Plan, to a width
sufficient to provide proper maintenance and protection and to
provide for storm water runoff for designed storm event
determined by the City. Suchfrom a ten (10) year otorm of one
(1) hour duration. Where neccacary, drainage caocment3
corresponding to lot lineo ohall be provided. Such easements for
drainage purposes shall not be less than twenty (20) feet in
width.
3 . Utility. Easements shall be provided along lot lines or
across property to accommodate the extension and maintenance of
utility lines. Easement width is typically (10) feet, however,
may vary depending upon the type of utility the easement is to
serve.
4 . Protection of Natural Water Bodies and Wetlands. Where any
plat. replat or subdivision of land adjoins a natural lake. pond
or stream, including streams which flow only intermittently, the
• City. in its discretion, may require that a strip of land running
along all sides thereof which are contiguous to such lake. pond
10.4044
• or stream, shall be either (i) dedicated to the City for public
use, or (ii) subject to a perpetual easement in favor of the City
over and in said land and the bed and water body of such lake,
pond. or stream for the purpose of protecting the hydraulic
efficiency and the natural character and beauty of such lake,
pond, or stream. The Planning Commission shall determine which
of these options is more appropriate and shall recommend to the
City Council one of said options . In either case. there shall
also then be granted to the City the right of ingress to and
egress from the said strip of land with men, equipment and
materials. Where the easement is determined to be in the best
interests of the City. said easement shall also provide that the
owners of the areas as to which said easement is granted shall
not make, do, or place any fill. grading. improvement or
development of any kind on or to such easement area. or raise the
level of the easement area in any way. but all such right to
fill, grade. improve and develop, and to raise the level of the
easement area shall be granted by said easement to the City.
1008.18 - DEDICATION OF LAND OR CONTRIBUTION OF CASH FOR
PUBLIC PURPOSE
In every plat, replat, or subdivision of land to be developed for
residential, commercial, industrial, or other use, or as a
• planned development which includes residential, commercial and
industrial uses, or any combination thereof, or multiple
principal otructurco on a lot permittcd purouant to Scction
900 .20, as general rule, it is reasonable to require that an
amount of land equal in value to ten percent (10%) of the
undeveloped land proposed to be subdivided shall be set aside and
dedicated by the tract owner or owners to the general public as
open space for parks, playgrounds, public open space, or storm
water holding areas or ponds; or, at the option of the City, the
tract owner or owners shall contribute to the City an amount of
cash equal to the fair market value of the undeveloped land
otherwise required to be so set aside and dedicated, or set aside
and dedicate a part of such land and contribute the balance of
such undeveloped land value in cash. The City Council shall
determine the amount to be required by resolution from time to
time. Any monies so paid to the City shall be place in a special
fund and used only for the acquisition of land for parks,
playgrounds, public open space, and storm water holding ponds;
development of existing parks and playground sites, public open
spaces and storm water holding area or ponds, and debt retirement
in connection with land previously acquired for such public
purpose. For purposes of this Ordinance, "fair market value of
the undeveloped land" is defined as the fair market value of the
• land within such plat, replat, or subdivision as of the date the
plat, replat, or subdivision is presented to the City Council for
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approval of the final plat, as determined by the City Assessor in
the same manner as he determines the fair market value of land
for tax purposes .
1008.20 - MAINTENANCE OF COMMON OPEN SPACE: OPERATING AND
MAINTENANCE REQUIREMENTS FOR RESIDENTIAL SUBDIVISION COMMON OPEN
SPACE FACILITIES
Where certain land areas or structures are provided within the
subdivision for private recreational use or as common service
facilities, the owner of such land and buildings shall enter into
an agreement with the city to assure their continued operation
and maintenance to a predetermined reasonable standard. These
common areas may be placed under the ownership of one of the
following depending upon which is more appropriate in the
discretion of the City:
1. Dedicated to the public where a community-wide use would be
anticipated; or
2 . Subdivider' s ownership and control; or
3 . Landowners (Homeowners) Association ownership and control,
provided all of the following conditions are met;
• A. The Landowners (Homeowners) Association must be
established prior to the sale of any lot;
B. Membership must be mandatory for each owner and any
successor in interest;
C. The open space restrictions must be in perpetuity and
not for a specified term of years;
D. The Association must be responsible for liability
insurance, local taxes, and the maintenance of residential
and other facilities;
E. Landowners (Homeowners) must pay their pro rata share
of associated costs and the assessment levied by the
Association shall become a lien on the property in
accordance with the Law; and
F. The Association must be able to adjust the assessment
to meet changed circumstances and needs.
• 1008.22 - IMPROVEMENTS REQUIRED
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1. Improvements Listed and Described. Prior Prior to the
111 recording approval of a final plat as approved by the City
Council as the Platting Authority under the Law, the subdivider
shall have agreed in the manner set forth in this Section 1008 .22
to cause the following improvements to be installed in conformity
with construction plans approved by the City Engineer and in
conformity with all applicable standards and ordinances of the
City.and those improvements rcquircd by thc resolution granting
approval of thc preliminary plat to be completed or completion
secured on the oitc:
A. Survey Monuments - All subdivision boundary corners,
block and lot corners, road intersection corners and points
of tangency and curvature shall be marked with durable iron
of steel survey monuments meeting the minimum requirements
of state law. Permanent monuments shall be placed at all
or on its perimeter. At all sections, quarter sections,
m ander or witness corners of the govcrnmcnt survey within
the subdivision, on its perimeter or otherwise shown on the
face of the plat, a Shcrburnc County cast iron monument
shall be placed and a "Certificate of Location of a
Covernment Corner" shall be filed with the office of the
County Recorder. The notation "Shcrburnc County Monument"
shall be placed on the face of the plat by each monument so
shown. In addition, a "Shcrburnc County Monument" shall be
placed and a "Certifi ate" filed for each govcrnmcnt survey
corner necessary to survey the boundaries of the plat if
ouch monument has not already been oct and a ccrtifi ate
filed. All U.S. State, county, and other official benchmark
monuments or triangulation station in or adjacent to the
property shall be preserved in position unless a relocation
is approved by the controlling agency. At the end of
construction all monuments shall be in place. The City
Council may, when a subdivision is essentially complete,
require a development to have the plat rcstakcd to replace
the original monuments destroyed or obliterated during the
B. Streets and Alleys - The full width of the Right-of-
Wayright of way of each street and alley dcdi ated on the
plat shall be dedicated on the plat and shall be graded as
required. All streets and alleys shall have an adequate
sub-base and shall be improved with an all-weather permanent
surface in accordance with the design standards specified by
the City. Except in areas where lot widths exceed one
hundred (100) feet or topography or tree cover dictates-
otherwise, grading shall provide for easy installation of
sidewalks at some future date.
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C. Paving - The City Council may rcquirc that All streets
and alleys shall be improved in accordance with City' s
design standards. These may vary according to the type of
street. with concrctc or bituminous surface. Ctrecto to
bc paved shall bc surfaced for a oevcn (7) ton axle wcight
capacity in rcoidcntial areas and a ninc (9) ton axlc wcight
capacity in commercial and industrial areas, unlcoo
othcrwioc rcquircd by the City Council . If thc City Council
shall bc surfaced with Six (6) inches of stabilized gravcl
to a surface width of thirty (30) fcct, or ouch other width
approved by thc City Council .
D. Concrete Curb and Gutter - Concrete curb and gutter may
shall be required for all paved streets within the urban
service area. Concrete curb and gutter may also be required
by the City Council on rural streets if it si determined the
curb is necessary for drainage or other related purposes.
E. Sidewalks - Sidewalks may be required along one or both
sides of all arterial and collector streets in residential,
commercialcommcrcial and e industrial areas or within a
subdivision when it is determined by the City Councilthat a
111 sidewalk will benefit pedestrian circulation.in areas where
residential density equals or exceeds three (3) dwelling
units per net acre or residentially used land.
F. Water Supply - Where a public water supply is available
wateravailablc supply systems are required in urban service
areas and shall be designed in accordance with City
standards.within a reasonable distance of the proposed
subdivision, the subdivider may be required to provide a
connection to the public system. The City Council, in the
reasonable exercise of its discretion, shall determine the
feasibility of this requirement by balancing the cost of
public connection.
Where a public connection is determined to be feasible,
service connections shall be stubbed into the property line
and all necessary fire hydrants shall also be provided.
Extensions of the public water supply system shall be
designed so as to provide public water service to each lot
and shall be in accordance with all appli able City design
standards and requirements.
•
10.4446
Whcrc a public conncction is determined to be unfeasible,
411 the subdivider shall state on his preliminary plat that
purchascrs of individual lots will be rcquircd to install
their own approved water wells, and shall provide the City
with satisfactory evidence that all lot purchasers shall be
so informed.
C. St eet iahti g Strcct lighting of a type approved by
the City may be rcquircd at all intersections and other
locations within the subdivision.
G.W- Sewage Disposal -
i. Subdivisions within the urban service area shall
be connected to the public sewage system and services
must be provided to all lots. Sanitary sewer mains and
service connections shall be installed to serve all
the lots in the subdivision and shall be connected to
the public sewage system, if available.
ii . In areas being developed without connection to
to extend public sewer to the are within five (5)
years, individual sewage trcatmcnt systems, consistent
• with the provisions of Minnesota Pollution Control
Agency Individual Sewage Treatment Standards, Chapter
7080, except as otherwise herein provided, shall be
be lo ated so as to permit the lest costly connection
to the public sewer when it becomes available and
usable. Whcrc such individual systems arc installed,
the subdivider shall provide underground plumbing to
extend three (3) feet beyond the footing, which
plumbing shall be plugged. The are around the stack
disconnected and connection an be made with the
When an individual sewage treatment system is used and
the sewage tank is placed on a side other than that
from which the public sewer would connect, a plugged
sewage disposal line shall be extended from the point
of ground entrance of basement or house to a point
five t5) feet beyond and to the side from which the
future public sewer connection will be made. Inside
the basement, the elbow shall be set up to be asily
reversed for connection to the capped line.
10.4546
years, individual sewage treatment systems, consistent
111 with the provisions of Minnesota Pollution Control
Agency Individual Sewage Treatment Standards, Chapter
7080, except as otherwise herein provided, shall be
provided for each lot.
H.-1— Drainage - A system that will adequately accommodate
the surface water runoff within the subdivision, as required
by this Ordinance, and comply with the City' s comprehensive
drainage plan. shall bc provided.
I Signage Street Signs - Street signs of standard design
approved by the City Administrator shall be installed at
each street intersection. All other necessary signage as
required by the City and made part of improvement plans
shall be provided.
J. Street Lighting - Street lighting of a type approved by
the City may be required at all intersections and other
locations within the subdivision.
K. Protection of Natural Water Bodice Whcrc any plat,
replat or subdivision of land adjoins a natural lake, pond
or stream, including streams which flow only intermittently,
111 the City, in its discretion, may require that a strip of
land running along all sides thereof which arc contiguous to
such lake, pond or stream, shall bc cithcr (i) dedicated to
the City for public usc, or (ii) subject to a perpetual
casement in favor of the City over and in said land and the
bed and water body of such lake, pond, or stream for the
purpose of protecting the hydraulic efficiency and the
Council one of said options. In either case, there shall
also then be granted to the City the right of ingress to and
egress from the said strip of land with men, equipment and
best interests of the City, said casement shall also provide
that the owners of the areas as to which said casement is
granted shall not make, do, or place any fill, grading,
improvement or development of any kind on or to such
casement area, or raise the level of the casement arca in
any way, but all such right to fill, grade, improve and
develop, and to raise the level of the casement arca shall
be granted by said casement to the City.
• L,2— Public and Private Utility Lines - When practical
and feasible, Aall utility lines for new subdivisions shall
10.4646
• L.2— Public and Private Utility Lines - When practical
and feasible, AAl1 utility lines for new subdivisions shall
be installed underground. telephone and electrical ocrvicc,
where appropriate, shall be placed in rear lot line
M. Front Yard Trees - Following construction, vegetation
consistent with the surrounding area and suitable to the
site shall be planted. The type or species of tree planted
shall be approved by the city. Trees with root structures
that are less likely to interfere with utility lines or
sidewalks. or cause other nuisance damage are preferable.
Trees shall have a trunk diameter (measured twelve (12)
inches above ground level) of not less than two (2) inches.
and shall be planted in not less than one (1) cubic yard of
good growing soil with a suitable amount of fertilizer.
Approved multiple varieties shall be used alternately.
Trees shall be planted at intervals of at least one every
sixty (60) feet and at a distance of at least six (6) feet
outside of the road R.ght-of-Way. No tree shall be planted
within the road Right-of-Way.
• 2 .3 Responsibility for Improvements; Subdivision Financing
Agreements - Subsequent to approval of the preliminary final plat
and prior to recording approval of the final plat, the person or
persons who are to file such plat (herein called the "Developer"
whether one or more persons) shall enter into a Developer
Agreement with the City and shall cause all street, water, sewer
drainage and other improvements required by Citythc resolution
granting approval of the preliminary plat to be completed
pursuant to the Developer Agreement.
A. The Developer Agreement shall provide, as to
improvements to be installed by the Developer, that the
Developer is obligated to install and complete all such
improvements at his own expense and under the supervision
and inspection of the City Administrator.
B. The Developer Agreement shall provide, as to
improvements petitioned for by the Developer to be installed
by the City, that the City is obligated to provide
engineering services and construct such improvements, and
shall obligate the Developer to pay to the City the cost of
such services and construction through payment of special
assessments. The Developer Agreement shall also provide
• that if the Developer applies for a building permit or
ccrtifi ate of occupancy or transfers any lot or parcel in
10.4746
• C. As security to the City for installation of the
improvements or the payment of the special assessments, thc
Developer shall be rcquircd to file a bond with corporate
by the City Council as surety thereon in at 1 ast the full
amount (or such othcr amount rcquircd by the City, in its
sole discretion) of all costs or assessments for making the-
improvements
heimprovements specified in thc Developer Agrccmcnt not paid
in cash by thc Developer before or at thc time of entering
into the Agreement .
If the Developer does not file such Letter of Creditbond or
deposit cash, he may, in lieu thereof, deposit in escrow, in
a national or state bank having an office in the City, cash
in the full amount of the unpaid improvement costs or
assessments together with a written agreement signed by the
Developer and the bank, whereby the funds in escrow will be
paid to the City from time to time upon written demand of
the City, to the extent of any default by the Developer
pursuant to the Developer Agreement.
If the Developer does not file such bond or deposit ash, he
may, in lieu thereof, deliver a Letter of Credit to the
• City. As security to the City for installation of the
improvements or the payment of the special assessments. the
Developer shall deliver a Letter of Credit to the City.
Such Letter of Credit shall be from a national or state bank
approved by the City Council, shall be unconditional and
irrevocable, shall be for the full amount (10096-) of the
unpaid improvement costs or assessments, and shall provide
that funds will be paid to the City upon written demand from
time to time of the City to the extent of any default by the
Developer pursuant to the Developer Agreement .
D. The Developer Agreement shall provide, as to
improvements petitioned for by the Developer to be installed
and assessed in accordance with the regular special
assessment policies of the City, for installation if ordered
by the City Council, and assessment in accordance with the
regular special assessment policies of the City.
E. Notwithstanding any of the foregoing, the City shall
not be obligated to enter into any Developer Agreement (i)
if the improvements required by the resolution granting
approval of the final preliminary plat are not allocated
among the methods at (A) , (B) , (C) and (D) above in a manner
satisfactory to the City Council, or (ii) if the Developer
does not file a bond or deposit cash in escrow, or does not
10.4846
deliver a Letter of Credit, all as heretofore described, or
111/ (iii) as to any improvements, if the City Council determines
that the City must borrow money to pay its costs of
construction under such Agreement and such borrowing is
inadvisable, or (iv) the City Council, after review of
financial and other information required of the Developer,
determines, in its sole discretion, that there is an
unacceptable level of risk that assessments for improvements
will not be timely paid.
1008.24 - VARIANCES
All requests for variances from the provisions of this Ordinance
shall be made and decided in the following manner:
1 . Thc oubdividcr ohall file a request in writing for a
variancc with thc City Clerk, together with thc required fcc. Thc
written rcqucot ohall bc accompanied by information as to all
changes that will rcoult from thc variancc thcrcin rcqucotcd.
2 . The City Clerk shall rcfcr thc variancc rcqucot to thc
Planning Commission for public hearing held in thc oamc manner
as provided in Section 1008 .08 (1) (B) (iii) ; said hearings may bc
held simultaneously. Thc Planning Commission shall submit its
III rcport and recommendation to the City Council . Said report shall
specifically consider the finding act forth in Ccction 1008 .24 of
this Ordinance.
3 . Thc City Council at ito next regular mccting after receipt
of such rcport and recommendation shall make its decision at the
same or a specified future meeting thereof.
1 .4, The City Council may grant a variance along with
preliminary plat approval only upon finding that an unusual
hardship on the land exists, and specifically that :
A. The hardship is not a mere inconvenience.
B. The hardship is caused by the particular physical
surroundings, shape or topographical conditions of the land.
C. The condition or conditions upon which the request for
a variance is based are unique and not generally applicable
to other property.
D. The hardship is caused by this Ordinance and not by any
persons presently having an interest in the land.
41/
10.4946
111 E. The granting of a variance will not be substantially
detrimental to the public welfare or to other land or
improvements in the neighborhood of the land, and is in
accord with the general purpose and intent of this
Ordinance.
1008.26 - RESTRICTIONS ON FILING AND RECORDING CONVEYANCES
1. No conveyance of land to which these subdivision regulations
are applicable shall be filed or recorded if the land is
described in the conveyance:
A. By metes and bounds except for thc creation of one
additional parcel in the agricultural zonc or Single family
zones if approved by thc City Council; or
B. By reference to an unapproved Registered Land Survey
made after April 21, 1961; or
C. By reference to an unapproved plat made after June 24,
1971, if the land is located in the Former Town of Elk
River; or
!II D. By reference to an unapproved plat made after December
7, 1970, if the land is located in the Former City of Elk
River.
2 . Section 1008 .26 (1) shall not apply to a conveyance if the
land described:
A. Is located in the Former Town of Elk River and was a
separate parcel of record on June 24, 1971; or
B. Is located in the Former City of Elk River and was a
separate parcel of record on December 7, 1980; or
C. Is located in the Former Town of Elk River and was the
subject of a written agreement to convey entered into prior
to June 24, 1971; or
D. Is located in the Former City of Elk River and was the
subject of a written agreement to convey entered into prior
to December 7, 1970; or
E. Was a separate parcel no less than two and one-half
(21/2) acres and one-hundred fifty (150) feet in width on
411 January 1, 1966; or
10.5046
F. Was a separate parcel of not less than five (5) acres
in area and three hundred (300) feet in width on July 1,
1980; or
G. Was a single parcel of commercial or industrial land of
not less than five (5) acres and having a width of not less
than three-hundred (300) feet and its conveyance does not
result in the separation or division of the parcel into two
(2) or more lots or parcels, any one of which is less than
five (5) acres or three-hundred (300) feet in width; or
H. Is a single parcel of residential or agricultural land
of not less than twenty (20) acres and having a width of not
less than five-hundred (500) feet and its conveyance does
not result in the division of the parcel into two or more
lots or parcels, any one of which is less than twenty (20)
acres in area or five-hundred (500) feet in width.
3 . In any case in which compliance with the foregoing
restrictions will create an unnecessary hardship and failure to
comply does not interfere with the purpose of these subdivision
regulations, the City Council may waive such compliance by
adoption of a resolution to that effect and the conveyance may
then be filed or recorded.
• 4 . Any owner or agent of the owner of land who conveys a lot or
a parcel in violation of the provisions of this Section 1008 .26
shall forfeit and pay to the City a penalty of not less than
One-Hundred Dollars ($100 . 00) for each parcel so conveyed. The
City may enjoin such conveyance or may recover such penalty by a
civil action in any court of competent jurisdiction.
i
10.146
• 1008.28 - REGISTERED LAND SURVEYS
All registered land surveys in the City shall be presented to the
City Clcrk in the form of a preliminary plat in accordance with
the standards set forth in this Ordinance. Tracts to be used as
easements or roads shall be designated thereon. As to Registered
Land Surveys containing two four or fewer tracts, Administrative
Subdivision Review Committee and City Council approval of the
arrangement, size and relationship of the proposed tracts, in
accordance with standards and procedures for review of
administrative subdivisions as heretofore described, shall be
required. As to Registered Land Surveys containing more than two
four tracts, Planning Commission and City Council approval of the
arrangement, size and relationship of the proposed tracts, in
accordance with standards and procedures for review of standard
subdivisions as heretofore described, shall be required. Absent
such required approvals, as herein provided, building permits on
the proposed tracts shall be withheld, tracts conveyed to the
City for streets or roads shall not be accepted and no public
monies shall be expended for the installation of utilities or
improvements for any such tracts .
1008.30 - BUILDING PERMITS
• No building permits will be issued by the City for the
construction of any building, structure or improvement to the
land or any lot in a subdivision, as defined herein, until there
has been full compliance with all the provisions of this
Ordinance.
1008.32 - AMENDMENTS
This Ordinance may be amended by the City in accordance with the
provisions of the Law.
1008.34 - VIOLATIONS AND PENALTIES
Any person, partnership, corporation or agency that violates any
of the provisions of this Ordinance shall be guilty of a
misdemeanor, punishable by a fine of not more than Five Hundred
Dollars ($500 . 00) or by imprisonment for a period not to exceed
ninety (90) days, or both, and in addition shall pay all costs of
prosecution and expenses involved in the case. The City may
withhold, revoke or deny any permits, approvals or any action
required of it if there is a violation of this Ordinance. Each
week during which violation exists shall constitute a separate
• violation. The City or any person or agency who suffers damage,
or is likely to suffer damage, because of a violation of this
10.5246
Ordinance may apply to the District Court within and for
III
Sherburne County, Minnesota, for injunctive relief to enjoin a
violation or threatened violation of this Ordinance.
•
•
10.5346