95-015 ORD
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ORDINANCE 95-15
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 1008
OF THE CITY OF ELK RIVER
SUBDIVISION ORDINANCE
CASE NO. OA 95-7
The City Council of the City of Elk River does hereby ordain as
follows:
Section 1. The duly adopted Subdivision Ordinance of the City of Elk
River is hereby amended to read as follows:
See Attached
Section 2. That this Ordinance shall take effect and be in full force
frorn and after the date of its publication.
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Passed and adopted this 24th day of July, 1995, by the City Council of
the City of Elk River.
a Ii,
A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
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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 prov~s~on for streets, transportation,
water, sewage, storm drainage, schools, parks, playgrounds,
and other Public services and facilities.
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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
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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
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 covenants running with
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the land. Where this Ordinance imposes a greater restriction upon
the land than is imposed or required by such existing provisions,
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 prov~s~ons 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
this Ordinance shall have the meanings set forth in the
following paragraphs:
ADMINISTRATIVE SUBDIVISION: A subdivision involving the creation
of four (4) or fewer tracts or lots.
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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.
CENTRAL SEWAGE SYSTEM: The existing City Sanitary System, as
expanded, including collection and treatment facilities
established by the subdivider to serve the subdivision.
COMPREHENSIVE DEVELOPMENT PLAN: The City of Elk River Growth
Management Plan as amended 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.
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.
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COUNTY: Sherburne County, Minnesota.
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COUNTY BOARD: The Sherburne County Board of Commissioners.
DEFLECTION: The angle between a line and the prolongation of the
preceding line.
DEVELOPMENT: The act of building structures or installing site
improvements.
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 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 Recorder as required in Minnesota State Statute.
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 dispersal.
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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 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: The minimum horizontal distance between the front
lot line and the rear lot line.
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, lot
or area by described lines or portions thereof.
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MINIMUM SUBDIVISION DESIGN STANDARD~: The guides, principles and
specifications for the preparation of subdivision plans
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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
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 occupied or intended to be occupied by a
street, sidewalk, pedestrian way, utilities or other specific use.
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SEWAGE: Any water-carried domestic wastes, exclusive of footing
and roof drainage, from any industrial, agricultural or commercial
establishment, or any dwelling or other structure. Domestic waste
includes, but is not limited to, liquid waste produced by
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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
more than two parcels, tracts, or lots.
STREETS AND ALLEYS:
1. Allev - 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.
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.
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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. Marqinal 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.
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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,
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avenue, drive, circle, road, boulevard or any other similar term
describing an entity complying with the preceding requirements.
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 parcels, tracts or lots for
transfer of ownership or for residential, commercial or industrial
development, 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:
1. Where all the resulting parcels, tracts, lots, or interests
will be 20 acres or larger in size and 500 feet in width for
residential uses and five acres or larger in size and 300 feet in
width for commercial and industrial uses;
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2.
Creating cemetery lots;
3. Resulting from court orders, or the adjustment of a lot line
by the relocation of a common boundary;
4. 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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1008.08 - PROCEDURE
1. Standard p~bdivision. Standard subdivisions shall be reviewed
by the City in accordance with the following procedures:
A. Pre-Application Meetinq. Prior to the preparation of a
preliminary plat, the subdivider or owner shall meet with the
City 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 itself of
the advice and assistance of the City to expedite review and
approval of the preliminary plat.
B.
Preliminary Plat.
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i. After the pre-application meeting, the subdivider
or owner shall file with the Planning Department a
completed and signed application for preliminary plat
approval on a form provided by the City, along with
twelve (12) copies of a preliminary plat which has been
prepared in accordance with the regulations set forth
in this Chapter. All plats and subdivisions presented
for approval by the Planning Commission and City
Council shall be accompanied by the filing fee
established by resolution of the City Council and by an
agreement that the subdivider will reimburse the City
for its costs to review the preliminary and final plat.
The application for preliminary plat approval shall not
be complete until everything required to be submitted
by this Ordinance has been received by the City and the
City has advised the subdivider in writing that the
application is complete and review is proceeding.
ii. The preliminary plat will be reviewed by affected
City departments to determine whether the subdivision
complies with the requirements of this Ordinance and
the City Zoning Ordinance, and to determine how the
proposed development will affect traffic, utilities,
drainage, community facilities, public safety,
surrounding development, natural features, historic
sites, open space, etc.
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111. The Planning Department will compile comments from
the other City departments and prepare a written
report. A copy of the report shall also be sent to the
subdivider.
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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) .
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vi. Within sixty (60) days of receipt by the City of a
complete application for preliminary plat approval
including all required supporting materials, the
Planning Commission shall hold a public hearing on the
proposed subdivision. 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 hundred fifty (350) feet of all contiguous
property owned or controlled by the subdivider or the
owner. The developer is required to obtain the above-
mentioned property owners list from the Sherburne
County Auditor's office.
v~~. 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, the Planning Commission
shall receive the written report of the Planning
Department and shall take testimony from the subdivider
and all other interested persons. At the close of the
public hearing, the Planning Commission shall consider
all of the written reports and materials before it, and
the oral testimony, and make a recommendation on the
preliminary plat to the City Council. The Planning
Commission may recommend approval, approval subject to
conditions or that the preliminary plat be denied. If
denial is recommended, the reasons for that
recommendation shall be stated in the record.
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ix. Following action by the Planning Commission, the
City Council shall consider the preliminary plat. The
City Council shall make its decision on the preliminary
plat within one hundred twenty (120) days following
receipt by the City of the properly completed
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application, unless the subdivider consents on the
record to a continuance. The City Council may:
a. Grant approval of the preliminary plat, with
or without modification or conditionsi or
b. Refer the preliminary plat to the Planning
Commission or appropriate City staff, officers or
departments for further investigationi or
c. Deny preliminary plat approval. If the plat
is denied, the City Council shall state the
reasons for denial on the record.
x. Following preliminary plat approval, the
subdivider may petition the Council for installation of
the streets and other public improvements required for
development of the subdivision. The petition shall be
in the form required by the City and shall be submitted
with a cash escrow in the amount of the cost of the
feasibility study for the improvements, as estimated by
the City Engineer. Once the petition and escrow have
been received, the Council may order the feasibility
report.
C.
Final Plat
i. Following approval of the preliminary plat, the
subdivider may file an application for approval of a
final plat for all or a portion of the preliminary
plat. The application shall be on a form required by
the City and shall be accompanied by seven (7) 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 are 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 and
the Council grants an extension.
ii. The subdivider shall also submit to the City, at
the time of final plat application, a title opinion or
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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.
lll. The subdivider shall incorporate 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 may be sent back
to the Plarnling 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,
including the findings required below for approval of a
final plat, approve the final plat as submitted and
adopt a resolution of approval.
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vi. The subdivider shall, if the final plat is
approved by the Council and signed by all appropriate
parties, record the final plat with the County
Recorder's office.
vii. The subdivider shall record one mylar (l) copy of
the final plat with the County that can be returned and
kept as a record document by the City.
D. Findinqs 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 in all respects with all
requirements of the Elk River Code of Ordinances,
including -.:he City Zoning and Subdivision Ordinances.
ii. The proposed st:bdivision is consistent wit.h all
applicable general and specialized City, County, and
regional plans including, but not limited to, the
City's Comprehensive Development Plan.
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lll. The physical characteristics of the site,
includin~:r but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation,
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costs, and such other matters as the Council shall
require.
b. Developer has submitted to the City a
financial guarantee acceptable to the City to
insure the installation of public improvements and
the payment of all fees, costs and assessments
imposed on the Developer and the Subdivision.
c. Developer has satisfied all conditions set
forth in the resolution of the City Council
approving the Final Plat.
d. Developer has reimbursed the City for its
costs of renewing the preliminary and final plat,
and has made payment of all other applicable fees
and costs due at the time of release of the plat.
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 Adminiscrative Subdivision procedure is
not intended to be a substitute for the standard platting
process set forth in this Ordinance. Administrative
Subdivision procedures may be utilized where the following
circumstances exist.
i. The property to be divided will result in four (4)
or fewer lots.
~~. 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 previously been the subject
of division by the Administrative Subdivision procedure
in the previous two years.
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 and/or
surveys shall be reviewed by the Planning Department
for submission of a written recommendation thereon to
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the City Council. Administrative subdivisions do not
require review by the Planning Commission unless
required by referral of the City Council. The Planning
Department 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.
~~. 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.
1~1. After the Planning Department has submitted its
recommendation to the Council concerning the proposed
administrative subdivision, the City Council shall hold
a public hearing thereon after giving notice as
required for a standard subdivision.
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1008.10 - DATA FOR PRELIMINARY PLAT
1. Identification and DescriDtion.
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. Names and addresses of the record owner, subdivider,
land surveyor, engineer, designer of the plan, and any agent
having control of the land.
D. Graphic scale not less than one (l) inch to one hundred
(lOO)feet unless allowed by the City.
E. North arrow.
F. Date of preparation.
2. Existinq Conditions.
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A.
Boundary survey of the subject property.
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 (ISO) feet
beyond.
E. Boundary lines of ao]o1ning platted or subdivided land,
within one hundred fifty (ISO) feet, identified by name and
ownership, including all contiguous land owned or controlled
by the subdivider.
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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
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transmission poles and lines, and other significant features
shall also be shown.
G. 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 available from 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 extent 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 Desiqn 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.
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 at the building setback line.
F. Areas other than streets, alleys, pedestrian ways and
utility easements, intended to be dedicated or reserved for
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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
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. Allor any part of the following
information shall be provided at the request of the City:
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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.
B. proposed protective covenants, if any.
C. 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. A proposed finished grading plan showing contour
intervals appropriate to the topography or spot elevations
clearly indicating the relationship of proposed changes to
existing topography and remaining features.
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E. Where the subdivider owns property adjacent to that
which is being proposed for the subdivision, the subdivider
shall submit a sketch plan of such remaining property so as
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to depict the possible relationships between the proposed
subdivision and the future subdivision.
F. Potential resubdivision and use, including placement of
structures, of large lots shall be indicated in a
satisfactory manner.
G. 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:
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i. Permanent seeding or sodding, producing areas
covered with a turf of perennial sod-forming grass.
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.
I. Any variances required shall be shown on the preliminary
plat.
J. Such other information as may be requested by the City
for review of the application.
1008.12 . DATA FOR FINAL PLAT
1. General.
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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.
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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 regarding the conformance
of the proposed final plat to the County requirements and all
provisions of the Minnesota Statutes regarding the platting
of land.
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 pla~ 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.
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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'.
1008.14 - SUBDIVISION DESIGN STANDARDS
1. General Requirements.
A. The proposed subdivision shall conform to the
Comprehensive Plan official maps and zoning ordinance.
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B. The arrangement, character, extent, width and location
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
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of the new subdivision at appropriate locations; temporary
easements for vehicular movement shall be provided until the
adjoining areas are developed.
2.
Streets/Allevs.
A. Widths - Street right-of-way widths shall be as
determined in the Comprehensive 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 shall conform to the
following minimum dimensions:
Street
Riqht-of-Wav Width
Arterial------------------------------80 ft.
Collector-----------------------------70 ft.
Minor Street--------------------------60 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
(600) 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. Tanqents - 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 (100) degrees they
shall be connected by a curVe with a radius adequate to
ensure a sight distance within the Right-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. Turninq 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.
F. 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
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a block where commercially zoned property abuts a major
thoroughfare or a major street. Alleys in residential areas
will not be permitted excep~by resolution of the City
Council.
G. 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.
H. Grades - All centerline street gradients shall be at
least five-tenths percent (0.5%) and shall not exceed 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.
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J. Cul-de-sacs ~ The City reserves the right to restrict
the number and length of cul~de~sacs in a subdivision. Under
certain conditions, cul-de~sacs may be inappropriate or
undesirable in terms of their relationship to the City's
transportation plan, emergency vehicle access, school bus
traffic and public maintenance such as snowplowing. 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 property
and connect with a future street; or
ll. it has been clearly shown that, by reason of
lli~favorable 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.
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10.35
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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.
11. The design is 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.
iv. A permanent and sufficient right of access to all
users is provided.
M. Hardship to Owners of Adioininq 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.
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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.
3. 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
thousand three hundred (1,300) feet, or shorter than three hundred
(300) feet except as specifically recommended by the City
Administrator and City Planner and concurred with by the City
Council to foster innovative design consistent with sound planning
principles.
4. Pedestrian Corridors. Pedestrian ways may be required in
areas to provide access to schools, parks and other public
destination points. Easements or dedicated corridors for
pedestrian ways between residential dwelling units shall be at
least twenty (20) feet jn width.
5. Lots.
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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
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shape, needs created by the permitted use and traffic volumes
and patterns proximate thereto.
B. Width
the street
except for
parallel.
Lots shall have the required minimum width at
Right-of-Way line and the building setback line
those lots for which the side lots are not
C. Size - Lot dimensions shall comply with m1n1mum 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. Drainaae - 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.
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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.
H. 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 (l/4) mile and through existing and
established crossroads.
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I. Plattina of Small Tracts - In the platting of small
tracts 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 (l/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
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possible at a preferred location, such temporary entrance
permits shall become void, at the discretion of the City
Council.
J. Double Frontaqe 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.
6.
Sewaqe Disposal.
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.7l.. In areas being platted without public or central sewage
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 Veqetation. 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.
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B. Where inadequate vegetation exists on land not being
disturbed for development, permanent vegetation shall be
established as soon as possible.
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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.
D. Consistent with approved grading plans, existing trees
shall be preserved within any Right-of-Way when such trees
are suitably located and in good health.
E. No slash, dead trees, or uprooted stumps shall remain
after development.
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8. Erosion and Sediment Cont.rol. 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.
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 anyone 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.
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10.39
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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.
feet
by a
Cut and fill slopes shall not be steeper than three
horizontal to one foot vertical (3:1) unless stabilized
retaining wall, rip-rap, or other acceptable means.
K. During grading operations, necessary measures for dust
control, as required by the City, shall be implemented.
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9. Drainaqe. 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
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.
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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
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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.
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10.41
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1008.16 - EASEMENTS
All easements shall be dedicated ~ appropriate language on the
plat as required by Law and in accordance with the following:
1. Orainaae and Utility. Easements at least ten (10) 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 an existing drainage and utility
easement on the adjacent property, and (10') ten feet wide along
Rights-of-Way. Easements 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 by the City. 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.
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2. Drainaae. 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 for storm water runoff for
designed storm event determined by the City, but 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.
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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 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
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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 ~ONTRIBUTION OF CASH FOR
PUBLIC PURPQSE
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1. In every plat, replat or subdivision of land to be developed
for residential, commercial, industrial, or as a planned
development which includes such uses or any combination thereof,
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, trails, or public open space; 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 placed in a special fund and used only for the
acquisition of land for parks, playgrounds, trails, public open
space and development of such areas and sites, and for debt
retirement in connection with land previously acquired or
developed for such public purposes. 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 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.
2. In addition, in every plat, replat, or subdivision of land to
be developed for residential, commercial, industrial or as a
planned unit development which includes such uses, the land
required for public streets, regional storm water holding ponds
and wetlands shall be set aside and dedicated on the plat by the
owners to the City. These areas will not be credited towards any
park dedication requirements.
1008.20 - MAINTENANCE OF COMMON OPEN SPACE: OPERATING AND
MAINTENANCEREOUIREMENTS FOR RESIDENTIAL SUBDIVISION COMMON OPEN
SPACE FACILITIES
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10.43
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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;
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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 to the recording
of a final plat 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.
10.44
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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. 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 within one
year.
B. Streets and Allevs - The full width of the Right-of-Way
of each street and alley 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. These may vary according to the type
of street.
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C. Concrete Curb and Gutter -Concrete curb and gutter
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 is determined the
curb is necessary for drainage or other related purposes.
D. Sidewalks - Sidewalks may be required along one or both
sides of all arterial and collector streets in residential,
commercial and industrial areas or within a subdivision when
it is determined by the City Council that a sidewalk will
benefit pedestrian circulation.
E. Water Supply -Subdivisions within the urban service
area shall be connected to the public water supply system.
The public water supply system shall be designed in
accordance with City standards.
F. Sewaqe 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.
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ll. Subdivisions outside the urban service area shall
provide an adequate sewage disposal system for each
lot. Each lot shall provide for a primary and
10.45
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secondary system that meets all applicable standards
and regulations.
G. Drainaqe - A drainage 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 be provided.
H. Siqnaqe - Street signs of standard design approved by
the City 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.
I. Street Liqhtinq - Street lighting of a type approved by
the City may be required at all intersections and other
locations within the subdivision.
J. Public and Private Utility Lines - When practical and
feasible, all utility lines for new subdivisions shall be
installed underground.
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K. 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 (l) 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.
2. Responsibilitv for Improvements; Subdivision Financinq
Aqreements - Subsequent to approval of the final plat and prior to
recording of the final plat, the Developer shall enter into a
Developer Agreement with the City for the installation of all
public improvements necessary for the subdivision. Developer
shall cause all street, water, sewer, drainage and other
improvements required by the City to be completed pursuant to the
Developer Agreement.
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A. All public improvements shall be installed by the
Developer unless the City has required, or specifically
agreed in the Developer Agreement, that the City shall
10.46
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install one or more of the improvements. City shall have the
right to require that certain improvements be installed by
the City, or to decline to ~stall anyone or all of the
required improvements.
B. Developer shall install and complete all developer
installed improvements at his own expense under the
supervision and inspection of the City, pursuant to such
terms as the City shall require in the Developer Agreement.
Developer shall reimburse City for all of its costs
supervising the installation of developer installed
improvements. In addition, the developer shall deposit with
the City cash, a letter of credit or such other financial
guarantee acceptable to the City in an amount equal to the
estimated total cost of installing the developer-installed
improvements.
C. City will install and complete those improvements which
the City has agreed to install, pursuant to the terms of the
Developer Agreement. Developer shall be responsible for the
City's entire cost of installing the improvements, unless
otherwise provided by the Developer Agreement.
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D. City shall not install any public improvements unless
and until Developer has petitioned the City to install
specific improvements, has agreed to pay the City's entire
cost of reviewing the preliminary and final plat and
installing the requested improvements, and has deposited with
the City cash, a letter of credit or such other financial
guarantee acceptable to the City in an amount equal to the
estimated total cost of installing the City-installed
improvements.
E. The City's entire cost of installing public
improvements for the subdivision shall be assessed by the
City to the individual properties within the subdivision in
accordance with the special assessment policies of the City
over such period of time as the City determines, unless the
Developer Agreement provides otherwise. The financial
security required by Section 2(D) above shall remain in place
until the entire amount of the assessments has been paid, but
may be reduced from time to time as partial payments are
made.
1008.24 - VARIANCES
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All requests for variances from the provlslons of this Ordinance
shall be made and decided in the following manner:
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1. The City Council may grant a variance from the strict
requirements of this Ordinance, but 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.
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.
2. Variance requests shall be reviewed by the Planning
Commission and acted on by the City Council as part of the
preliminary plat and final plat approvals.
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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:
p... By metes and bounds.
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
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:
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A. Is located in the Former Town of Elk River and was a
separate parcel of record on June 24, 1971; or
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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
January 1, 1966; or
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
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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, anyone 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, anyone 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 violat.ion 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.
e
1008.28 - REGISTERED LAND SURVEYS
10.49
e
All registered land surveys in the City shall be presented to the
City in the form of a preliminary'plat in accordance with the
standards set forth in this Ordinance. As to Registered Land
Surveys containing 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
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
e
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
e
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 ($500.00) or by imprisonment for a period not to exceed
ninety (90) days, or both, and in addition shall pay all costs of
prosecution and expenses involved in the case. The City may
withhold, revoke or deny any permits, approvals or any action
required of it if there is a violation of this Ordinance. Each
week during which violation exists shall constitute a separate
violation. The City or any person or agency who suffers damage,
or is likely to suffer damage, because of a violation of this
Ordinance may apply to the District Court within and for Sherburne
County, Minnesota, for injunctive relief to enjoin a violation or
threatened violation of this Ordinance.
10.50
Mfidavit of Publication
.
STATE OF MINNESOTA )
)5S.
COUNTY OF SHERBURNE)
.
9 15, amet'1diWl~ lQ08 o( the
E <RivtrcityJ~or(Jrdinan~s
ti ed, "Subdivision Ordinance."
HERE:4S" the amelJdm~t tQ..the
s division ordinance. provides for
co sisten~)t ,w:it~ ~eurrentoperating
p cedUl'el!l" Iflil'lor format changes and
re~oturi,~;adjustn,tentof gram-
m tlcalerrors and clanfication ofsub~
di ision. pf()C(!dJ.ll'es and financing;
~""'.'." .'
. '. EREAS, the subdivisi6h ordi-
ce ~ forth rules and regulations
go emIng plats and>subdivision of
la in the. City of Elk;ltiver. It is the
oseofthese regulations to:
'1 . Provide for ancl.gqide the orderly,
. nomic .and . safe. development .of
Ja. ~n~ urban services and. facilities.
.,~EncQUragewell-planned~ efficient,
_ . attractive subdivision by estab-
109 adeqp.a~ stapdlU'ds for design
a . construetion.' .
3. Facilitate adequate provision for
ts, transportation, water, sewage,
drainage, schools, parks, play-
grQ pds arid other public services and
fa . ities.
4,i>ll1cethecost of improV(mlents
agli nst those benefiting from their
.eo. .. tiQn..>
~.~' .'right!3ofthepuhlic
WI. .. ~SPt~t,.\tg. )lubli~ lands ap<l
wa 1'$.., ..........
6. Set.~,lnihin1umreql1irements
0. ., ~,'~t.thepublichealth,
saft y, apd general welfare;
'an .
Urn ~~^') ,
being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspa~
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended. ~.
(B) The printed ~~'l-> qS-SI
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for l suc-
cessiveweeks; it was first published on Wednesday, the 3~
day of (1 L A..a~ ~ , 1~, and was thereafter
printed and pu lished on every Wednesday to and including
Wednesday, the _ day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a b c de fghij klm nop qrstu vwxyz
. ..Q of,the fI.\!l telit of
thi~y : . a~dtnent
(Q ......~~.....>ls! 'av~ab\a for
in " , ion pets4n ,at the office
~ t : ~~:t;;~~:g,~::t~r 1~~:f-
nes . hours - 8:00ji,m. to 4;30 p.m,.
Mo. . y t9r9. ugh.F.. aqay; and
N W ."HEREFOREBE IT
~~i t'~~k~~~v~~~~t~~Jz~
the ubliqaijon ofthe,title and sUm-
ma . or~rdinltnce95-15;and
BElT FURTHER RESOLVED, that
Ord a~<~.5"'$han';becomeeffec-
tive pln pub~1JofResolutiQn 95-
51 .' . .""";'i .. )> ...
Pa. and 'ad~tet\by the Eik.River
~~ POWlciI~~g.~tdaY of August.
)"i~
...
BY:~~.<f.~)
TITLE:
Subscribed and sworn to before me on this
o J.-l.P1J~ , 19.95:..
1Vl.
~
day of
NO~
.
. Henry A. Duitsman
.," ':~~~'. ~: ; MaYQr
At '::~'..' ..~L~ir':'~.:'~:'r':': ~)'<f:;",A
Sand A. Thackeray
City lerk .
(Ag30)
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable 'to, 0 0
space $
(2) Maximum rate allowed by law for
the above matter $ -r7 l (3
(3) Rate actually charged for the '1Id3
above matter $