Page
 

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . .  1

Section 1.      Purpose. . . . . . . . . . . . . . . . . . . . . .  3

Section 2.      Scope. . . . . . . . . . . . . . . . . . . . . . .  4

Section 3.      Definitions. . . . . . . . . . . . . . . . . . . .  5
        301.    Usage. . . . . . . . . . . . . . . . . . . . . . .  5
        302.    Definitions. . . . . . . . . . . . . . . . . . . .  5

Section 4.      Platting Procedure . . . . . . . . . . . . . . . . 13
        401.    Sketch Plan. . . . . . . . . . . . . . . . . . . . 13
        402.    Preparing and Filing Preliminary Plat. . . . . . . 13
        403.    Review of Preliminary Plat . . . . . . . . . . . . 13
        404.    Preparing and Filing the Final Plat. . . . . . . . 15
        405.    Review of the Final Plat . . . . . . . . . . . . . 15

Section 5.      Preliminary and Final Plat Requirements. . . . . . 17
        501.    Data Required for Preliminary Plat . . . . . . . . 17
        502.    Data Required for Final Plat . . . . . . . . . . . 19

Section 6.      Minimum Design Standards . . . . . . . . . . . . . 20
        601.    Conformity with the Comprehensive Development
                Plan . . . . . . . . . . . . . . . . . . . . . . . 20
        602.    Land Requirements. . . . . . . . . . . . . . . . . 20
        603.    Street Plan. . . . . . . . . . . . . . . . . . . . 20
        604.    Cul-De-Sac Streets . . . . . . . . . . . . . . . . 21
        605.    Street Design. . . . . . . . . . . . . . . . . . . 22
        606.    Private Streets. . . . . . . . . . . . . . . . . . 23
        607.    Drainage . . . . . . . . . . . . . . . . . . . . . 23
        608.    Easements. . . . . . . . . . . . . . . . . . . . . 23
        609.    Street Names . . . . . . . . . . . . . . . . . . . 23
        610.    Block Design . . . . . . . . . . . . . . . . . . . 23
        611.    Lot Requirements . . . . . . . . . . . . . . . . . 24
 
Section 7.      Engineering Standards. . . . . . . . . . . . . . . 26
        701.    Streets. . . . . . . . . . . . . . . . . . . . . . 26
        702.    Utilities. . . . . . . . . . . . . . . . . . . . . 26
        703.    Sanitation - Sewer and Water Rural Areas . . . . . 27
        704.    Water Supply . . . . . . . . . . . . . . . . . . . 27
        705.    Storm water Drainage . . . . . . . . . . . . . . . 27
        706.    Street Signs . . . . . . . . . . . . . . . . . . . 28
        707.    Utilities Location . . . . . . . . . . . . . . . . 28
        708.    Inspection . . . . . . . . . . . . . . . . . . . . 28
Section 8.      Required Improvements and Financial Arrangements . 29
        801.    Improvements Required. . . . . . . . . . . . . . . 29
        802.    Payment for Installation of Improvements . . . . . 30
        803.    Agreement Providing for the Installation of
                Improvements . . . . . . . . . . . . . . . . . . . 30
        804.    Financial Guarantee. . . . . . . . . . . . . . . . 30
        805.    Construction Plans and Inspections . . . . . . . . 31
        806.    Improvements Completed Prior to Approval of Plat . 31
        807.    Trunk Facilities . . . . . . . . . . . . . . . . . 32
 
Section 9.      General Provisions . . . . . . . . . . . . . . . . 32
        901.    Protection of Natural Features . . . . . . . . . . 32
        902.    Reserved. . . . . . . . . . . . . . . . . . . . .  32
        903.    Reserved . . . . . . . . . . . . . . . . . . . . . 32
        904.    Planned Unit Development . . . . . . . . . . . . . 32
        905.    Minor Subdivisions . . . . . . . . . . . . . . . . 32
        906.    Resubdivision. . . . . . . . . . . . . . . . . . . 33
        907.    Land Division. . . . . . . . . . . . . . . . . . . 34
        908.    Registered Land Surveys. . . . . . . . . . . . . . 34
        909.    Metes and Bounds . . . . . . . . . . . . . . . . . 34
        910.    Unapproved Subdivisions. . . . . . . . . . . . . . 34
        911.    Variances. . . . . . . . . . . . . . . . . . . . . 35
        912.    Security Interest. . . . . . . . . . . . . . . . . 36

Section 10.     Enforcement. . . . . . . . . . . . . . . . . . . . 37
        1001.   Building Permits . . . . . . . . . . . . . . . . . 37
        1002.   Violations and Penalties . . . . . . . . . . . . . 37
        1003.   Separability . . . . . . . . . . . . . . . . . . . 37
        1004.   Effective Date . . . . . . . . . . . . . . . . . . 37
 
Subdivision Ordinance
INTRODUCTION

The City of Grant is but one of the land areas within the seven county Metropolitan Area. Its present land use character is varied - as in any area, but predominantly it is made of agricultural land units.  Its proximity to the core of the metropolitan area suggests that with the forecast expansion of population, the land use in Grant will continue to change as it has in the last fifteen years. In regard to land use, the changes will be in the direction of land moving from an agricultural use to smaller pieces of land for housing.

 During the course of such change, on a large or small scale, land holdings are divided into lots with provision for new streets and for the basic utilities such as power and telephone.  This conversion of land into building sites is a process which requires careful regulation to ensure an attractive, efficient and safe community environment. Provision must also be made for possible future resubdivision, for after the subdivision of a land parcel has been approved and buildings permitted, the same standards must be met by future resubdivision.  The division, combination or resubdivision of land parcels are the first step in shaping the physical character of a community and as such are important process which should be subject to public regulation.

 Adequate, up-to-date Subdivision Regulations, as well as good administration and enforcement, are the tools to control the change in land use.  These Subdivision Regulations must reflect the desire of the City as outlined in its Comprehensive Development Plan.  Because the City's outlook will vary as an area progresses toward urbanization, both the Comprehensive Plan and Subdivision Regulations need periodic review. Finally, of course, the zoning requirements outline the actual land area usage controlled by the Subdivision Regulations within the framework of the Comprehensive Plan.
 

WHY PLAT

 The land use pattern of Grant is changing from an agricultural land use, which required large parcels of land, to an urban land use, requiring much smaller parcels. Land has been bought and sold using metes and bounds descriptions, but now with smaller parcels being bought and sold the practice of describing them by metes and bounds is no longer practical.

 Many metes and bounds descriptions, past and present, written by unqualified people do not properly describe conveyance of land.  Overlaps and gaps have been created by these poor descriptions and can only be corrected by the courts.  Descriptions based on a good boundary survey can be checked, therefore the record plat is a highly desirable instrument. The underlying description of the property to be platted can be adjusted or corrected, based on a boundary survey.  The recorded plat then becomes a legal document denoting lots and blocks as the subdivision of the described tract of land.  Clean, simple and accurate conveyances can then be made and described as Lot, Block-Plat Name.

 The present platting system was established to provide a simple system for keeping records of the division and ownership of land. Minnesota Statutes give the registered land surveyor exclusive rights to prepare plats.  The statutes also set minimum standards that the surveyor must meet, and regulate the plat itself, as to information required, size, number and kind.  The reader is referred to the Minnesota Statutes, Chapter 505 and the standard procedures for platting in Washington County.
 
 
 

HOW PLATTING IS ACCOMPLISHED

 Prior to the preparation of a plat, the subdividers or owners should meet with local officials, with the planning staff and City Engineer in order to be made fully aware of all applicable ordinances, regulations, and plans in the area to be subdivided.  At this time or at a subsequent informal meeting, the subdivider should submit a general sketch plan of the proposed subdivision. The sketch plan can be presented in simple form but should show any zoning changes which would be required, and should show that consideration has been given to the relationship of the proposed subdivision to existing community facilities that would serve it, to neighboring subdivisions and development, and to the topography of the site.  The subdivider is urged to avail himself of the advice and assistance of the planning staff and the City Council and Planning Commission at this point in order to save time and effort and facilitate the approval of the plat.

 The next step is for the subdivider to prepare a preliminary plat for the area to be subdivided.  The preliminary plat is a very detailed drawing showing the proposed development and necessary accessory information.  It contains more detail than is required on the sketch plan and serves as the basis for the public hearing. It also serves as the master plan for a development where subdividing a piece of land is carried out stepwise, by a series of plats, where the first plat which is approved and recorded may be only part of the total plan, and may later be followed by other plats, all in conformity with the overall plan.

 After the preliminary plat is approved, the subdivider will have his surveyor prepare a final plat covering all or part of the land to be subdivided.  The final plat is a legal document designed primarily to record in the county offices the exact boundaries and location of parcels of land.  Before the City will approve the plat, it will usually require the subdivider to agree to do certain things, such as pave streets.  The City will make sure that all such matters are agreed to by the subdivider, and are covered as necessary by written contract, and by bond, before the plat is approved.
 
 SECTION 1.  PURPOSE
 

 101.  The process of dividing raw land into home sites, or separate parcels for other uses, is one of the most important factors in the growth of any community.  Few activities have a more lasting effect upon its appearance and environment.  Once the land has been subdivided into urban lots and the streets, homes, and other structures have been constructed, the basic character of this permanent addition to the community has become firmly established. It is then virtually impossible to alter its basic character without substantial expense.  In most subdivisions, roads and streets must be maintained and various public service must be provided.  The welfare of the entire community is thereby affected in many important respects.  It is, therefore, to the interest of the general public, the developer, and the future owners that subdivisions be conceived, designed, and developed in accordance with sound rules and proper standards.

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) Encourage well planned, efficient, and attractive subdivisions by establishing adequate standards for design and construction.

 (2) Provide for the health and safety of residents by requiring properly designed streets and adequate individual sewage treatment facilities.

 (3) Place the cost of improvements against those benefiting from their construction.

 (4) Secure the rights of the public with respect to public lands and waters.

(5)  Set the minimum requirements necessary to protect the public health, safety, comfort, convenience, and general welfare.
 

 
 
 
SECTION 2.  SCOPE
 

201.  The rules and regulations governing plats and subdivision of land contained herein shall apply within the City and other land as permitted by State Statutes.  In the event of overlapping jurisdiction within the prescribed area, the extent of jurisdiction shall be determined and agreed upon between the City and the other municipality or municipalities concerned.  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 1972 effective date of the Washington County first Subdivision 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 private restrictions placed upon property by deed, covenant, or other private agreement, or with restrictive covenants governing the land.  Where this Ordinance imposes a greater restriction upon the land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this Ordinance shall control.

 
 
 SECTION 3. DEFINITIONS
 

301  Usage.

 301.01. For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this section.

 301.02.  Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word "herein" means "in these regulations"; the word "regulations" means "these regulations."

 301.03.  A "person" includes a corporation, a partnership, and an incorporated association of persons such as a club; "shall" is always mandatory; a "building" includes a "structure"; a "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."

 301.04.  In the event of conflicting provisions in the text of this regulation, the more restrictive shall apply.

302.  Definitions.

 302.01.  For the purpose of this ordinance, certain terms and words are hereby defined as follows:

 (1)Alley.  Any dedicated public right-of-way providing a secondary means of access to abutting property.

 (2)Applicant.  The owner of land proposed to be subdivided or his representative.  Consent shall be required from the legal owner of the premises.

 (3)Attorney.  The attorney employed by the City unless otherwise stated.

 (4)Arterial, Minor.  A road intended to move traffic through and from  adjacent sub-regions and activity centers within sub-regions.

 (5)Block.  The enclosed area within the perimeter of roads, property lines or boundaries of the subdivision.

 (6)Bond.  Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the City Council.  All bonds shall be approved by the City Council wherever a bond is required by these regulations.

 (7)Boulevard.  The portion of the street right-of-way between the curb line and the property line.

 (8)Butt Lot.  A lot at the end of a block and located between two corner lots.

 (9)Cluster Development.  A subdivision development planned and constructed so as to group housing units into relatively tight patterns while providing a unified network of open space and wooded areas, and meeting the overall density regulations of this ordinance and the Zoning Ordinance.

 (10)Collector Street or Road.  A road intended to move traffic from local roads to secondary roads.

 (11)Community.  City.

 (12)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 the various functional classes of land use, places and structures, and for the general physical development of the City and includes any unit or part of such plan or parts thereof.

 (13)Contour Map.  A map on which irregularities of land surface are shown by lines connecting points of equal elevations. Contour interval is the vertical height between contour lines.

 (14)Copy.  A print or reproduction made from a tracing.

 (15)Corner Lot.  A lot bordered on at least two (2) adjacent sides by using streets.

 (16)County.  Washington County, Minnesota.

 (17)County Board.  The Washington County Board of Commissioners.

 (18)Cul-de-sac.  A minor street with only one outlet and having a turnaround.

 (19)Developer.  The owner of land proposed to be subdivided or his representative.  Consent shall be required from the legal owner of the premises.

 (20) Development.  The act of building structures and installing site improvements.

 (21)Double Frontage Lots.  Lots which have a front line abutting on one street and a back or rear line abutting on another street.

 (22)Drainage Course.  A water course or indenture for the drainage of surface water.

 (23)Easement.  A grant by an owner of land for a specific use by persons other than the owner.

 (24)Engineer.  The registered engineer employed by the City unless otherwise stated.

 (25)Escrow.  A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond.  Such escrow funds shall be deposited by the City/Administrator in a separate account.

 (26)Final Plat.  The map or plan or record of a subdivision and any accompanying material, as described in these regulations.

 (27)Governing Body.  The City council.

 (28)Grade.  The slope of a road, street, or other public way, specified in percentage (%) terms.

 (29)Individual Sewage Disposal System.  A sewage treatment system or part thereof, serving a dwelling or other establishment, or group thereof, consisting of one or more septic tanks and a soil treatment system.

 (30)Local Road or Street.  A road intended to provide access to other roads from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes.

 (31)Lot.  A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision or record of survey map, for the purpose of sale or lease or separate use thereof.

 (32)Lot, Corner.  A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding 135 degrees.

 (33)Major Subdivision.  All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of three (3) or more lots, or any size subdivision requiring any new street or extension of the local government facilities, or the creation of any public improvements.
 
 (34) Marginal Access Street (Service Road).  A minor street parallel to and adjacent to high volume arterial streets and highways, which provide access to abutting properties and protection of through traffic.

 (35)Metes and Bounds.  A method of describing land by measure of length (metes) of the boundary lines (bounds).  Most common method is to recite direction and length of each line as one would walk around the perimeter.  In general the "metes" and "bounds" can be recited by reference to record, natural or artificial monuments at the corners; and record, natural or cultural boundary lines.

 (36)Minimum Subdivision Design Standards.  The guides, principles and specifications for the preparation of subdivision plans indicating among other things, the minimum and maximum dimensions of the various elements set forth in the plan.

 (37)Minor Subdivision.  Any subdivision containing not more than two (2) lots  fronting on an existing street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provisions or portion of the Master Plan, Official Map, Zoning Ordinance, or these regulations.

 (38)Natural Water Way.  A natural passageway in the surface of the earth so situated and having such a topographical nature that surface water flows through it from other areas before reaching a final ponding area.  The  term also includes all drainage structures that have been constructed or placed for the purpose of conducting water from one place to another.

 (39)Nonresidential Subdivision.  A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.

 (40)Outlot.  A parcel of land included in a plat, whose use or development is  restricted.  Such outlot may be a large tract that could be subdivided in the future or may be too small to comply with the minimum size requirements of zoning and subdivision ordinances or otherwise unsuitable  for development and therefore not usable as a building site.  A recorded plat development shall specify restrictions on such lot.

 (41)Owner.  An individual, firm, association, syndicate, co-partnership,  corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.

 (42)Pedestrian Way.  A public right-of-way across or within a block, to be used by pedestrians.

 (43)Person.  Any individual, firm, association, syndicate or partnership, corporation, trust, or any other legal entity.

 (44)Planning Commission.  The City Planning Commission.

 (45)Preliminary Plat.  The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the City Council for approval.  Preliminary Plat shall contain data required as outlined in Section 5.

 (46)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.

 (47)Protective Covenants.  Contracts entered into between private parties and constituting a restriction on the use of all private property within a subdivision for the benefit of the property owners, and to provide mutual protection against aspects of development which would tend to impair stability of values.

 (48)Reserve Strips.  A narrow strip of land placed between lot lines and streets to control access.

 (49)Resubdivision.  A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan  legally recorded prior to the adoption of any regulations controlling subdivisions.

 (50)Right-of-way.  The land covered by a public road or land dedicated for public use or for certain private use such as land over which a power line passes.

 (51)Road, Dead-end.  A road or a portion of a street with only one (1) vehicular traffic outlet.

 (52)Sketch Plan.  A drawing showing the proposed subdivision of property.  This plan shall be drawn to scale.

 (53)Sketch Plat.  A sketch preparatory to the preparation of the preliminary plat (or subdivision plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the City and Planning Department as to the form of the plat and the objectives of these regulations.

 (54)Street.  A way for vehicular traffic, whether designated as street, highway, thoroughfare, parkway, through-way, road, avenue, boulevard, lane, place, drive, court, or otherwise designated.

 (55)Street Width.  The shortest distance between the lines delineating the right-of-way of a street.

 (56)Subdivider.  The owner, agent, or person having control of such land as the term is used in this Ordinance.

 (57)Subdivision.  The division of a parcel of land after the effective date of this Ordinance into two (2) or more lots or parcels, for the purpose of transfer of ownership or building development.  The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

 (58)Survey, Land.  The process of determining boundaries and areas of tracts of land.  The term cadastral survey is sometimes used to designate a land  survey, but in this country its use should be restricted to the surveys of public lands of the United States.  Also called property survey; boundary survey.

 (59)Surveyor.  A land surveyor registered under Minnesota State Laws.

 60)Thoroughfare.  A street primarily designated to carry large volumes of traffic and provide for vehicular movement between and among large areas.

 (61)Zoning Ordinance.  A zoning ordinance or resolution controlling the use of  land as adopted by the City Council.

 (62)Vicinity Map.  A map drawn to comparatively small scale which definitely  shows the area proposed to be platted in relation to known geographical features, i.e., town centers, lakes, roads.

 
  SECTION 4.  PLATTING PROCEDURE

 401.  Sketch Plan

 401.01.  In order to ensure that all applicants are informed of the procedural requirements and standards of this Ordinance, and the requirements or limitations imposed by City ordinances and the Comprehensive Plan, all applicants shall meet with the City Planner and the planning staff and prepare a sketch plan prior to preparing a preliminary plat.

 The sketch plan shall be drawn to scale and contain as a minimum the following information:

 (1)Tract boundaries and dimensions.

 (2)Significant topographic and physical features.

 (3)Proposed general street and lot layout.

 (4)General location of proposed public and private open space areas.

 (5)General drainage plan.

 (6)Existing easements

 (7)Existing buildings.

 402. Preparing and Submitting the Preliminary Plat.

 402.01.  When the subdivider feels he is ready to prepare the preliminary plat, he shall have his surveyor and/or planner prepare one which is in conformity with the requirements of this Ordinance.  (See Section 5).

 402.02.  The subdivider shall fill out a "Zoning Request Application", or other applicable blanks as may be required.

 402.03.  The subdivider shall furnish the City Clerk with twenty-three (23) copies of the preliminary plat and provide seven (7) copies to the Washington County Surveyor's Office.

 402.04.  The subdivider shall furnish copies to appropriate permitting agencies such as watershed district, watershed management organization, Minnesota Department of Natural Resources, county and state transportation agencies, and other agencies as may be required.

 402.05.  If owner and developer are not the same, a consent of owner shall be filed.

 403.  Review of the Preliminary Plat.

 403.01.  The City Clerk shall, upon receipt of the plat and application, refer one copy of the plat and application to each member of the City Council and Planning Commission, one copy of the plat to the City Attorney, Engineer, and Planner.  One copy of the plat shall also be referred to the County Planning Coordinator and one copy of the plat to the school district.

 403.02.  Any proposed preliminary plat which includes lands abutting upon any existing or established trunk highway or proposed highway which has been designated by a centerline order filed in the office of the county recorder shall first be presented to the commissioner of transportation for his written comments and recommendations.  Where any preliminary plat includes land abutting upon an existing or established county or county state aid highway, it shall first be submitted to the county engineer for his written comments and recommendations.  Preliminary plans involving both a trunk highway and a highway under county jurisdiction shall be submitted to the commissioner of transportation and the county highway engineer.  Plats shall be submitted for review at least thirty (30) days prior to the City taking final action on the preliminary plat.  The commissioner of transportation and/or the county highway engineer shall submit the written comments and recommendations to the City within 30 days after receipt by them of such a plat. Final action on such plat by the City shall not be taken until after these required comments and recommendations have been received, or until the 30 day period has elapsed.  A legible preliminary drawing or print of a proposed preliminary plat shall be acceptable for purposes of review by the commissioner or transportation or the county highway engineer.  To such drawing or print there shall be attached a written statement describing:  (1) the outlet for and means of disposal of surface waters from the proposed platted area, (2) the land use designation or zoning category of the proposed platted area, (3) the locations of ingress and egress to the proposed platted area, and (4) a preliminary site plan for the proposed platted area, if one has been prepared. Failure to obtain the written comments and recommendations of the commissioner of transportation or the county highway engineer shall in no manner affect the title of the lands included in the plat or the platting of said lands.  A certificate or other evidence shall be required to or upon the plat for filing in the office of the County Recorder or Registrar of Titles as to the submission of or the obtaining of such written comments and recommendations.  The City shall provide the certificate or other evidence to the County Recorder or Registrar of Titles.

 403.03.  The engineer, school board, County Planning Coordinator, and the district highway engineer, if appropriate, shall within thirty (30) days, submit reports to the City Council expressing recommendations for approval, disapproval or revisions. If no report is received within thirty (30) days, it will be assumed by the Planning Commission that there are no objections to the plat as submitted.
 

 403.04.  Within seventy-five (75) days after the preliminary plat is filed and application fees are paid, the Planning Commission must hold a public hearing on the subdivision.  Notice of the purpose, time, and place of such public hearing shall be published in the official newspaper at least ten (10) days prior to the day of hearing.

 403.05.  The City Council may require modifications, changes and revisions of the preliminary plat, as it deems necessary to protect the health, safety, morals, comfort, convenience and general welfare of the City.

 403.06.  If the preliminary plat is not approved by the City Council, the reasons for such action shall be recorded in the proceedings and transmitted to the applicant.

 403.07.  Should the subdivider desire to amend the plat as approved he may submit an amended plat which shall follow the same procedure as a new plat, except for the public hearing and fee unless the amendment is in the opinion of the City Council of such scope as to constitute a new plat, then it shall be re-filed.

 403.08.  Any plat proposed in a Shoreland District must have approval of the Minnesota Department of Natural Resources.  If a watershed district, or water management organization exists in the area of the proposed platted property, approval must be obtained from those agencies.
 404.  Preparing and Submitting the Final Plat.

 404.01.  After approval of the preliminary plat, the final plat may be prepared. It shall incorporate all changes, modifications, and revisions required; otherwise, it shall conform to the approved preliminary plat.

 404.02.  In the case of large subdivisions, to be developed in stages, the subdivider may be granted permission to prepare a final plat for only the portion of the approved plat which he proposes to develop at this time, provided such portion conforms with all the requirements of these regulations.  The subdivider may be required, as a condition of approval, to submit an estimated time schedule for further staging of the platting and recording.

 404.03.  All plats shall comply with the provisions of Minnesota State Statutes, the Standard Procedures for Platting in Washington County, and the requirements of this regulation.

 404.04.  The subdivider shall submit ten (10) copies of the final plat to the City Clerk not later than six (6) months after the date of approval of the preliminary plat.  The approval of the preliminary plat will be considered void unless an extension is requested in writing by the subdivider and granted by the City Council.

 404.05.  The subdivider shall submit, with the final plat, an Opinion of Title by the subdivider's attorney.

 405.  Review of the Final Plat.

 405.01.  After attaining approval of the preliminary plat, the subdivider shall submit ten (10) copies of the final plat along with plat checking fee to the County Surveyor for review by the County Surveyor.  This shall be done not less than six (6) months after the date of approval of the preliminary plat.

 405.02.  Prior to approval of the final plat approved by the City Council, the subdivider must have installed all required improvements or executed an agreement with the City for their installation.  Required improvements shall conform to approved engineering standards and be in compliance with these regulations.

 405.03.  If the final plat is not approved, the reasons for such action shall be recorded in the official proceedings and transmitted to the subdivider.

 405.04.  The final plat must be approved by the County Surveyor in accordance with the standard Procedures for Platting in Washington County.

 405.05.  Upon receiving final plat approval by the City Council, the subdivider shall then record it with the County Recorder within one hundred and twenty (120) days or the approved plat shall be considered void.

 405.06.  Upon receiving approval of the final plat for a portion of the approved plat, the subdivider shall not be required to request a continuation of the recognition of the plat so as to maintain its approval except that in the event a zoning amendment is adopted which requires a larger minimum lot size for land not yet platted and recorded, the larger minimum lot size may be required for any additional platting.

SECTION 5.  PRELIMINARY AND FINAL PLAT REQUIREMENTS
 

 501.  Data Required For Preliminary Plat.

 501.01.  Identification and description:

 (1)Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation of the name of any plat theretofore recorded in the county.

 (2)Legal description of property.

 (3)Name and address of the record owner, and any agent having control of the land, subdivider, land surveyor, engineer and designer of the plan.

 (4)Plat graphic scale shall be not less than one (1) inch to two hundred (200) feet, and grading plan grahic scale not less than one (1) inch to one hundred (100) feet on plat/plan sheet paper sized to either 20" x 30", 22" X 34" or 24" x 36".

 (5)North point and vicinity map of area showing well known geographical points for orientation within a one-half (1/2) mile radius.

 (6)List of adjoining property owners within twelve hundred and fifty (1,250)  feet of the proposed plat.

 (7)Date of preparation.

 501.02.  Existing conditions:

 (1)Boundary lines shall be shown clearly and to such a degree of accuracy  that conforms to the plat in that no major changes are necessary in  preparing said plat.

 (2)Existing zoning classifications for land in and abutting the subdivision.

 (3)Approximate total acreage.

 (4)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, corporate and school district lines within the plan and to a distance one hundred (100) feet beyond shall also be indicated.

 (5)Location and size of existing sewers, water mains, culverts, wells, septic systems, or other underground facilities within the preliminary plat area and to a distance of one hundred (100) feet beyond.  Such data as grades, and locations of catch basins, manholes, hydrants, and street pavement width and type, shall also be shown.

 (6)Boundary lines of adjoining unsubdivided or subdivided land, within one  hundred (100) feet, identified by name and ownership, but including all contiguous land owned or controlled by the subdivider.

 (7)Topographic data, including contours at vertical intervals of not more than two (2) feet except where the horizontal contour interval is one  hundred (100) feet or more, a one (1) foot vertical interval shall be shown.  Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be  shown.  National Geodetic Vertical Datum 1929 Adjustment shall be used for all topographic mapping.

 (8)A copy of all proposed private restrictions shall be submitted.

 (9)In areas where public sewer is not available, four soil borings shall be completed on each lot with results being submitted to the City Building Inspector.  If it appears soil may not be suitable on any lot for the installation of an on-site septic system, additional borings and percolation tests may be required.

 (10)Soil types and location of limits of each soil type as shown in the Soil Survey of Washington County.

 (11)All slopes in excess of twelve percent (12%) shall be delineated.

 (12)If severe soil limitations for the intended use are noted in the Soil Survey on file in the Washington County Planning Department and the Washington County Soil and Water Conservation District Office, a plan or statement indicating the soil conservation practice or practices to be used to overcome said limitation shall be made part of the permit application.

 (13)On all lakes, ponds, and wetlands, all water surface elevations, natural ordinary high elevation, and present and proposed 100 year flood elevations shall be denoted.  The lowest floor elevation for each lot  shall be indicated and shall be at least two (2) feet above the 100 year flood elevation, or two (2) feet above the water body outlet (whichever is higher), and at least four (4) feet above the groundwater elevation.

501.03.  Subdivision design features:

 (1)Layout of proposed streets, showing right-of-way widths and proposed names of streets.  The name of any street shall conform to the Washington County Uniform Street Naming and Property Numbering System as applicable.

 (2)Locations and widths of proposed alleys, pedestrian ways and utility easements.

 (3)Lot and block numbers and preliminary dimensions of lots and blocks and area of each lot.

 (4)Proposed front, side, and rear building setback lines.

 
 (5)Gradients of proposed streets. Plans and profiles showing locations and typical cross-sections of street pavement including ditches, curbs, gutters, sidewalks, drainage easements, servitude right-of-ways, manholes and catch basins.

 (6)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.

 (7)Grading and drainage plan for entire subdivision.  If any fill or excavation is proposed in a wetland or lake, approval must be obtained from the Minnesota Department of Natural Resources and Army Corps of Engineers watershed water management organization, Washington county Soil and Water Conservation District or other permitting authority who has jurisdiction.

 (8)Erosion and sediment control plan.

501.04.  Other information:

 (1)Statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units; type of business or industry so as to reveal the effect of the development on traffic, fire hazards, and congestion of population.

 (2)Source of water supply.

 (3)Provisions for sewage disposal, surface water drainage and flood control.

 (4)If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions.

 (5)Such other information as may be requested by the Engineer, Planning Staff, City Planning Commission, or City Council.

 (6)Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the City Council may require that the subdivider submit a sketch plat of the remainder of the property so as to show the possible relationships between the proposed subdivision and future subdivision.  In any event, all subdivisions must be shown to relate well with existing or potential adjacent subdivisions and land use.

502.  Data Required For Final Plat

502.01.  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 Minnesota State Statutes, this Subdivision Ordinance and the manual of Standard Procedures for Platting in Washington County.
 
 

 
 SECTION 6.  MINIMUM DESIGN STANDARDS
 

601.  Conformity with the Comprehensive Development Plan.

601.01.  The proposed subdivision shall conform to the Comprehensive Development Plan and policies as adopted by the City.

602.  Land Requirements.

602.01.  Land shall be suited to the purpose for which it is to be subdivided. No plan shall be approved if the site is not suitable for purposes of the kind proposed by reason of potential flooding, topography, or adverse earth or rock formations.  The design of all subdivisions shall coordinate and be respective of the zoning map and ordinances, the City Comprehensive Plan, official map, street plan, and any other planning guides adopted by the City.

602.02.  Land subject to hazards to life, health or property shall not be subdivided for residential purposes until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the subdivision plan.

602.03.  Erosion and sedimentation control plans in accordance with the technical standards and specifications of the Soil Conservation Service as provided by the Washington County Soil and Water Conservation District Office, are required on slopes with grades of eighteen (18) percent or steeper.  National Pollutant Discharge Elimination System (NPDES) erosion control measures shall be enforced on all graded areas with grades less than 18% slope.

602.04.  Proposed subdivisions shall be coordinated with existing nearby municipalities or neighborhoods so that the community as a whole may develop harmoniously.

603.  Street Plan.

603.01.  Proposed streets shall conform to the state road and county highway plans or preliminary plans as have been prepared, adopted and/or filed as prescribed by law.

603.02.  Streets shall be logically related to the topography so as to produce usable lots and reasonable grades.

603.03.  Access shall be given to all lots and portions of the tract in the subdivision, and to adjacent unsubdivided parcels unless the topography clearly indicates that such connection is not feasible.  Reserved strips, and land-locked areas shall not be created.

603.04.  The arrangement of streets in new subdivisions shall make provisions for the appropriate continuation of the existing streets in adjoining areas.

603.05.  Where adjoining areas are not subdivided, but may be subdivided, 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.  Streets must be rough graded or documented that grading can be accomplished within the right-of-way.

603.06.  Minor streets shall be laid out to discourage their use by through traffic.  Thoroughfares shall be reserved for through traffic by providing marginal access streets, interior streets for serving lots, or other means.

603.07.  Half or partial streets will not be permitted, except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards of these regulations and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured.

603.08.  Wherever a tract to be subdivided adjoins an existing half, or partial street, the part of the street within such tract shall be platted.

603.09.  Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts, or when designed as cul-de-sac streets.  Stubs for future street extension shall include a temporary, cul-de-sac, and associated easements until the extended roadway is constructed.

603.10.  Private streets and reserve strips shall be prohibited and no public improvements shall be approved for any private street. All streets shall be dedicated for public use except in cluster developments or planned unit developments.

603.11.  Where a subdivision abuts or contains an existing or planned major thoroughfare or a railroad right-of-way, a street approximately parallel to and on each side of such thoroughfare and right-of-way may be required for adequate protection of residential properties and separation of through and local traffic. Such service streets shall be located at a distance from the major thoroughfare or railroad right-of-way suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial and industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

603.12.  The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it.

604.  Cul-de-sac Streets.

604.01.  Cul-de-sac streets, temporarily or permanently designed as such, shall not exceed one thousand three hundred and twenty (1,320) feet in length.

Lots with frontage at the end of the cul-de-sac shall have a minimum of sixty (60) feet of road frontage and meet the lot width requirement at the building setback line for the zoning district in which the property is located.

604.02.  Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to a property line and a right-of-way of the same width as the street shall be carried to said property line in such a way as to permit future extension of the street into the adjoining tract. At such time as such a street is extended, the acreage covered by the turnaround outside the boundaries of the extended street shall revert in ownership to the property owner fronting on the temporary turnaround.  To assure such streets can be constructed according to this code, the street shall be rough graded or typical sections shall be submitted and approved by the City Engineer.
 

 
605.  Street Design.

605.01.  Minimum right-of-way widths and pavement widths (face to face of curb) for each type of public street or road shall be as follows:

Type of Street Right-of-Way Roadway width
 Width Including Shoulders
Minor Arterial 120 feet minimum As determined by
  traffic needs
Collector 80 feet minimum 44 feet
Commercial/Industrial Street  80 feet minimum 44 feet
Local Street 66 feet minimum 28 feet
Cul-de-sac 66 feet minimum 48 foot
  Turnaround Radius

 
605.02. Where a subdivision abuts or contains an existing street of inadequate width, sufficient additional width shall be provided to meet the above standards.

605.03. Additional right-of-way and roadway widths may be required to promote public safety and convenience when special conditions require it or to provide parking space in areas of intensive use.

605.04. Restriction of Access.  Access of local streets onto state, county state aid highways, and county highways shall be discouraged at intervals of less than five hundred (500) feet.

605.05. Street Jog.  Street jogs with centerline offsets of less than one hundred fifty (150) feet shall not be allowed.  Greater offsets may be required on collector and arterial streets.

605.06. Deflection.  When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a centerline radius of not less than three hundred (300) feet.

605.07. Grades.  Centerline gradients shall be at least 0.5 percent and grades shall not exceed 8%.

605.08. Vertical Curves.  Different connecting street gradients shall be connected with vertical curves.  Minimum length, in fact, of these curves shall meet Minnesota Department of Transportation criteria for stopping sight distance at thirty (30) miles per hour.

605.09.Angle of Intersection.  The angle formed by any intersecting of streets shall not be less than seventy (70) degrees with ninety (90) degree intersections preferred.

605.10. Size of Intersection.  Intersections of more than four (4) corners shall be prohibited.

605.11. Corner Radii.  Roadways of street intersections shall be rounded by a radius of not less than fifteen (15) feet.  Roadways of alley-street intersections shall be rounded by a radius of not less than six (6) feet. Corners at the entrances of the turn-around portions of the cul-de-sacs  shall be rounded by a radius of not less than fifteen (15) feet.

605.12.Curb and Gutter. Local roadway sections shall be in accordance with City standards.  The City roadway standard is a rural section twenty-eight (28) wide with twenty-two (22) feet of bituminous pavement surface. Curb and gutter may be included at the discretion of the City as part of the required street surface improvement and shall thus be designed for installation along both sides of all roadways for urban design.

606.Private Streets.
Private streets are not permitted.

607 Drainage.

607.1.  A complete and adequate drainage system design shall be required for the subdivision and may include a storm sewer system or a system of open ditches, culverts, pipes and catch basins, and ponding areas, or both systems, and submitted to the engineer for approval.

608 Easements.

608.01. Provided for Utilities.  Easements of at least twenty (20) feet wide, centered on rear and other lot lines as required, shall be provided for utilities where necessary.  Where underground utilities are being installed, a 10' wide front or side yard easement may be required.  These easements shall be dedicated on the final plat.

608.02. Provided for Drainage.  Easements shall be provided along each side of the center line of any water course or drainage channel, whether or not shown on the Comprehensive Plan, to a sufficient width to provide proper maintenance and protection and to provide for storm water run-off and installation and maintenance of storm sewers.

608.03.Dedication.  Utility and drainage easements shall be dedicated for the required use.

609. Street Names.

609.1.  Names of new streets shall not duplicate existing or platted street names unless a new street is a continuation of or in alignment with the existing or platted street.  In that event it shall bear the same name of the existing or platted street so in alignment Street names shall conform to the Washington County Uniform Street Naming and Property Numbering System as applicable.

610.  Block Design.

610.01. Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lots required in the area by the zoning ordinance and to provide for convenient access, circulation control, and safety of street traffic.

610.02. In residential areas, other than water frontage, blocks shall not be less than six hundred (600) feet nor more than eighteen hundred (1,800) feet in length measured along the greatest dimension of the enclosed block area, unless minor variances are necessitated by topography or conformance with an adjoining plat.

610.03. Reserved

610.04.  Blocks for commercial and industrial areas may vary from the elements of design contained in this section if the nature of the use requires other treatment.  In such cases, off-street parking for employees and customers shall be provided along with safe and convenient limited access to the street system.  Space for off-street loading shall also be provided with similar access. Extension of roads, railroad access right-of-way, and utilities shall be provided as necessary.

610.05.  Blocks shall be wide enough to allow two (2) tiers of lots with a minimum depth as required by zoning ordinance except adjoining a lake, stream, railroad or thoroughfare or where one tier of lots is necessary because of topographic conditions.
 

611.  Lot Requirements.

611.01.  Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines or radial to lake or stream shores unless topographic conditions necessitate a different arrangement.

611.02.  Each lot shall front upon a public street.

611.03.  No lot shall have less area or width than is required by zoning regulations applying to the area in which is it located; except as herein provided. Irregular shaped lots designed for the sole purpose of attempting to meet a subdivision design or zoning regulation shall be prohibited.

611.04.  Lots designed for commercial or industrial purposes shall provide adequate off-the-street service, loading and parking facilities.

611.05.  Corner lots shall be platted at least twenty (20) feet wider than interior lots.

611.06.  Butt lots in any subdivision are to be discouraged. Where such lots must be used to fit a particular type of design, they shall be platted at least five (5) feet wider than the average width of interior lots in the block.

611.07.  Through or Double Frontage Lots.  Such lots shall not be permitted except where such lots abut a thoroughfare or major highway.  Such lots shall have an additional depth of ten (10) feet for screen planting along the rear lot line.

611.08.  Water Course.  Lots abutting upon a water course, drainageway, channel or stream shall have an additional depth or width, as required to assure building sites that are not subject to flooding.

611.09. Lots with lakeshore frontage shall be designed so that the lot lines extended shall maintain the closest approximation to riparian right.

611.10.  Natural Features.  In the subdividing of any land, regard shall be shown for all natural features, such as tree growth, water courses, historic spots, or similar conditions, which if preserved will add attractiveness and stability to the proposed development.

611.11.  Lot Remnants.  All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, or a plan acceptable to the city shown as to future use rather than allowed to remain as unusable parcels.

611.12.  Access to major arterials.  In the case where a proposed plat is adjacent to a major or minor arterial there shall be no direct vehicular access from individual lots to such streets and roads.  In the platting of small tracts of land fronting on limited access highways or thoroughfares where there is no other alternative, a temporary entrance may be granted; as neighboring land becomes subdivided and more preferable access arrangements become possible, such temporary access permits shall become void.  Driveway access on collector streets must be a minimum of three hundred (300) feet apart and meet appropriate safety standards.

611.13.  Political Subdivision Lines.  No lot shall extend over a political subdivision boundary.  No building shall extend over a school district line.

 
 
 SECTION 7.  ENGINEERING STANDARDS

701.  Streets.

701.01.  Street Grading.  Streets shall be graded in accordance with a plan approved by the engineer.  In the case of an urban street design the grading shall include the entire width of the right-of-way and shall provide a boulevard section, in addition to the minimum pavement width.  Grading plans shall be at a scale of not less than one inch equals one hundred feet (1"=100').  Street plan and profile sheets shall be at not less than a scale of one inch equals fifty feet (1"=50').

701.02.  Street Pavement.  The design of street pavement for all streets covered by this regulation shall be in accordance with the State of Minnesota Highway Department Road Design Manual No. 5-291 for flexible pavements.  The designed thickness of the surfacing elements shall be in accordance with the flexible pavement design standard for road classifications as shown below.
 
 

 
Classification Pavement Design; Axle Load
Arterials, Collector Street As determined by traffic needs
Local Streets 7 ton minimum

 
701.03.  Soil Tests.  To determine subgrade soil classifications, soil samples shall be collected and analyzed by a reputable testing laboratory.  Reports of the soil analysis shall be submitted to the engineer and shall include "R" values and pavement recommendations certified by a registered soils engineer, with the pavement plans. Soil samples shall be taken along the center line of the proposed road at intervals not exceeding 300 feet.  Soil report shall include ground water elevations.

701.04.  Curb and Gutter.  Local roadway sections shall be in accordance with City standards.  The City roadway standard is a rural section twenty-eight (28) wide with twenty-two (22) feet of bituminous pavement surface. Curb and gutter may be included at the discretion of the City as part of the required street surface improvement and shall thus be designed for installation along both sides of all roadways for urban design.
 

701.05.  Boulevards.  All boulevards shall have four (4) inches of top soil (black dirt) placed on them and then be seeded or sodded as approved by the engineer.

701.06.  Sidewalks and Pedestrian Ways.  All required walks shall be concrete four (4) inches thick placed on a four (4) inch gravel base.  Grades shall be as approved by the City Engineer. Sidewalks shall be placed in the public right-of-way.

702.  Utilities.

702.01.  Trunk Facilities.  Where a larger size storm drain or similar facility is required to serve areas outside the subdivision, the larger facility required must be constructed.  Additional cost is to be borne by the benefiting properties, and the assessments are to be determined by the City Council.

702.02  Private utilities such as electricity, telephone, gas, and cable television shall be installed within the platted drainage and utility easements, outside of public right-of-way.

703.  Sanitation - Sewer and Water Rural Areas.

703.01  Sewage Disposal Systems.  Where lots cannot be connected with a public sewerage system, provision must be made for sanitary sewerage facilities, consisting of individual disposal devices for each lot in accordance with the City Individual Sewage Treatment Ordinance. This does not mean that the installation of individual disposal devices shall be at the expense of the subdivider.

Any subdivision or lot not provided with off-site sewer facilities shall be subject to soil and percolation tests to determine whether the lot size proposed will meet minimum standards of health and sanitation due to limitations of soils as shown on existing soils maps.  The lot area and topography must be such that it will accommodate an adequate disposal system to serve the residence for the estimated unsewered years, as determined by the City Council.  Such test shall be made at the expense of the subdivider, and a sketch map shall be submitted to identify the specific locations where tests were made.  Four (4) soil borings shall be performed on each proposed lot by a certified soil tester. Additional testing may be required if serious limitations for the installation of an on-site septic system are found.

All sewage disposal systems shall comply with the standards of the City Individual Sewage Treatment System Ordinance, the Washington County Department of Health, Environment, and Land Management, the Minnesota Department of Health, and the Minnesota Pollution Control Agency.
 

704.  Water Supply.

704.01.  An individual well shall produce at least ten (10) gallons per minute, have a well casing at least four (4) inches in diameter and be grouted to provide a safe, potable water supply.

705.  Storm Water Drainage.

705.1.  A drainage system design shall be required, and may include a storm sewer system or a system of open ditches, culverts, pipes, catch basins and ponding areas, or both systems.  Such facilities and easements shall be installed as will adequately provide for the drainage of surface waters; drainage way easements or land dedication may be required when such easements or land is needed in the public interest for purposes of flood plain management, proper drainage, prevention of erosion, pedestrian access to water bodies, or other public purposes.  If there is a watershed district, or water management organization, that board must approve all surface water drainage.

705.02.  Easements.

 (1)Easements at least twenty (20) feet wide, centered on rear and other lot lines as required, shall be provided for utilities where necessary.  Where underground utilities are being installed, a ten (10) foot wide front or side yard easement may be required.  These easements shall be dedicated on the plat.
 (2)Easements shall be provided along each side of the centerline of any watercourse or drainage channel, whether or not shown on the Comprehensive Plan, to a width sufficient to allow for maintenance and to provide for storm water runoff and installation and maintenance of storm sewers.

 (3)Utility and drainage easements shall be dedicated for the required use.

706.  Street Signs.

706.01.  All street signs shall be provided and installed by the City at the expense of the subdivider.

707.  Utilities Location.
 
707.01.  When practicable and feasible, all utilities shall be placed underground.  All completed prior to street surfacing.  All utility lines for telephone and electrical service shall be placed in rear line easements when carried on overhead poles.

708.  Inspection.

708.1.  All required improvements shall be inspected by the engineer during construction at the expense of the subdivider.
 

 
 
 
SECTION 8.  REQUIRED IMPROVEMENTS AND FINANCIAL ARRANGEMENTS
 

801.  Improvements Required.

801.01.  Prior to the approval of a plat by the City Council, the subdivider shall have agreed, in the manner set forth below, to install, in conformity with approved construction plans and in conformity with all applicable standards and ordinances, the following improvements on the site:

 (1)Survey Monuments.  All subdivision boundary corners, block and lot corners, road intersection corners and points of tangency and curvature shall be marked with survey monuments meeting the minimum requirements of state law. All US, state, county and other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position unless a relocation is approved by the controlling agency.

 (2)Grading.  The full width of the right-of-way of each street and alley dedicated in the plat shall be graded.

 (3)Pavement.  All streets and alleys shall be improved with concrete or bituminous surface except as may be approved by action of the City Council.

 (4)Curb and Gutter.  Local roadway sections shall be in accordance with City standards.  The City roadway standard is a rural section twenty-eight (28) wide with twenty-two (22) feet of bituminous pavement surface. Curb and gutter may be included at the discretion of the City as part of the required street surface improvement and shall thus be designed for installation along both sides of all roadways for urban design.

(5)Drainage Facilities.  Such facilities and easements shall be installed as will adequately provide for the drainage of surface waters; a storm sewer system may be required.  Drainage way easements or land dedication may be required when such easements or land is needed in the public interest for purposes of flood plain management, proper drainage, prevention of erosion, pedestrian access to water bodies, or other public purpose.  If there is a watershed district or water management organization, that board must approve all surface water drainage.

 (6)Miscellaneous Facilities.  Tree planting, street name signs, traffic control signs, oversized utility trunk lines, pedestrian ways, and other improvements may be required.

 (7)No building permits shall be issued for any lot until the street subgrade and aggregate base has been tested and approved by the engineer.

802.  Payment for Installation of Improvements.

802.01.  The required improvements as listed elsewhere are to be furnished and installed at the sole expense of the subdivider. However, if the cost of an improvement would by general policy be assessed only in part to the improved property and the remaining cost paid out of general tax levy, provision may be made for the payment of a portion of the cost by the City.  Further, if any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvements, representing the benefit to such lands, to be assessed against the same.  In such a situation, the subdivider will be required only to pay for such portion of the whole cost of said improvement as will represent the benefit to the property within the subdivision.
 

803.  Agreement Providing for the Installation of Improvements.

803.01.  Prior to the installation of any required improvements and prior to approval of the plat, the subdivider shall enter into a contract in writing with the City requiring the subdivider to furnish and construct said improvements at his sole cost and in accordance with plans and specifications and usual contract conditions. This shall include provisions for supervision of details of construction by the engineer and shall grant to the engineer authority to correlate the work to be done under said contract by any subcontractor authorized to proceed thereunder and with any other work being done or contracted by the City in the vicinity.  The agreement shall require the subdivider to make an escrow deposit or, in lieu thereof, to furnish a performance bond, the amount of the deposit or penal amount of the bond to be equal to 125% of the engineer's estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection.  On request of the subdivider, the contract may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat. In such event the amount of the deposit or bond may be reduced in a sum equal to the estimated cost of improvements so completed prior to the acceptance of the plat.  The time for connection of the work and the several parts thereof shall be determined by the City Council upon recommendation of the engineer after consultation with the subdivider. It shall be reasonable with relation to the work to be done, the seasons of the year, and proper correlation with construction activities in the plat and subdivision.

803.02.  No subdivider shall be permitted to start work on any other subdivision without special approval of the City Council if he has previously defaulted on work or commitments.

804.  Financial Guarantee.

financial guarantee required as part of the subdivision agreement shall be one of the following:

 (1)Escrow deposit.  A cash escrow deposit may be made with the City Treasurer in a sum equal to one hundred twenty-five percent (125%) of the total costs, as estimated by the engineer, of all the improvements to be furnished and installed by the subdivider pursuant to the subdivision agreement.  The total costs shall include costs of inspection by the City  Engineer.  The City shall be entitled to reimburse itself out of such  deposit for any cost or expense incurred by the City for completion of the work in case of default of the subdivider under such contract, and for any damages sustained on account of any branch thereof.

 (2)Performance bond.  The subdivider may furnish a performance and payment bond with corporate surety, in a penal sum equal to one hundred twenty-five percent (125%) of the total cost, as estimated by the engineer, of all the improvements to be furnished and installed by the subdivider pursuant to the subdivision agreement.  The total costs shall include costs for inspection by the City Engineer.  The bond shall be approved as to form by the attorney and filed with the clerk.

 (3)Letter of credit.  The subdivider may deposit with the City, from a bank or other reputable institution or individual subject to the approval of the City Council, an irrevocable letter of credit which shall certify the  following:

 (a)That the creditor does guarantee funds in an amount equal to one hundred twenty-five percent (125%) of the total cost as estimated by the City Engineer, or completing all required improvements.
 
 (b)That in the case of failure on the part of the subdivider to complete the specified improvements within the required time period, the creditor shall pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter.

 (c)That this letter of credit may not be withdrawn, or reduced in amount until released by the City Council.

805.  Construction Plans and Inspection.

805.01.  Construction plans for the required improvements conforming in all respects with the standards and ordinances of the City shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Minnesota, and said plans shall contain his certificate.  Such plans together with the quantities of construction items shall be submitted to the engineer for his approval and for his estimate of the total costs of the required improvement.  Upon approval, such plans shall become a part of the required contract.  The tracings of the plans approved by the engineer plus two (2) prints shall be furnished to the City to be filed as a public record.

805.02.  All required improvements on the site that are to be installed under the provisions of this regulation shall be inspected during the course of construction by the City Engineer at the subdivider's expense, and acceptance by the City shall be subject to the engineer's certificate of compliance with the contract.
 

806.  Improvements Completed Prior to Approval of the Plat.

806.01.  Improvements within a subdivision which have been completed prior to application for approval of the plat or execution of the contract for installation of the required improvements shall be accepted as equivalent improvements in compliance with the requirements only if the engineer shall certify that he is satisfied that the existing improvements conform to applicable standards.

807.  Trunk Facilities.

807.1.  Where a larger size storm drain or similar facility is required to serve areas outside the subdivision, the larger facility required must be constructed. Additional cost is to be borne by the benefiting properties and the assessments are to be determined accordingly by the City Council.
 

 
 
 
SECTION 9.  GENERAL PROVISIONS

901.  Protection of Natural Features.

901.01.  The City Council reserves the right to decline approval of a subdivision if due regard is not shown for the preservation of all natural features such as large trees, water courses, scenic points, historical spots and similar community assets which, if preserved, will add attractiveness and stability to the proposed development of the property.

Subdivision review shall be coordinated with the requirements and procedures for Environmental Assessment and Impact Statements contained in the zoning ordinance.  Any Mandatory Environmental Assessment Worksheet or Impact Statement as required by the Minnesota Environmental Quality Board Regulations shall be submitted as part of the application for preliminary plat approval.

902.  Reserve.

903.  Reserve.

904.  Planned Unit Developments.

904.01.  Upon receiving a report from the Planning Commission, the City Council may grant a variance from the provisions of these regulations in the case of a planned unit development, as defined in the Zoning Ordinance, provided that the City Council shall find that the proposed development is fully consistent with the purpose and intent of these regulations.  This provision is intended to provide the necessary flexibility for new land planning and land development trends and techniques.

905.  Minor Subdivisions.

905.01.  In the case of a subdivision resulting in two (2) or less parcels, situated in a locality where conditions are well defined, the City Council may exempt the subdivider from complying with some of the requirements of these regulations.  In the case of a request to subdivide a lot which is a part of a recorded plat, or where the subdivision is to permit the adding of a parcel of land to an abutting lot or to create not more than two (2) new lots, and the newly created property lines will not cause any resulting lot to be in violation of these regulations or the Zoning Ordinance, the division may be approved by the City Council, after submission of a survey by a registered land surveyor showing the original lot and the proposed subdivision.  The newly created parcels shall meet all requirements of the Zoning Ordinance.  Topographic data at two (2) foot contour intervals, driveway access points, drainage plans, and soil tests for the installation of an on-site septic system shall be submitted for minor subdivision review.  A Certificate of Survey shall be prepared by a registered land surveyor showing the boundaries of the newly created lots, limits of any wetland, one acre of buildable area, elevation of building site above any lake, stream, wetland, etc.  Prior to approval of a minor subdivision, the City Council reserves the right to require the dedication of streets, utility easements.  A maximum of two (2) lots in a five (5) year period are permitted utilizing the minor subdivision procedure.  In cases where the new lot and resulting lots created exceed twenty (20) acres and have five hundred (500) feet of frontage on a public road, subdivision approval is not required.

Any proposed minor subdivision which includes land abutting upon any existing or established trunk highway or proposed highway which has been designated by a centerline order filed in the office of the County Recorder shall first be presented to the commissioner of transportation for his written comments and recommendations. Where any minor subdivision includes land abutting upon an existing or established county or county state aid highway, it shall first be submitted to the county engineer for his written comments and recommendations.  Minor subdivision involving both a trunk highway and a highway under county jurisdiction shall be submitted to the commissioner of transportation and the county highway engineer. Plats shall be submitted for review at least thirty (30) days prior to the City taking final action on the minor subdivision.  The commissioner of transportation and/or the county highway engineer shall submit the written comments and recommendations to the City within 30 days after receipt by them of such a plat.  Final action on such plat by the City shall not be taken until after these required comments and recommendations have been received or until the thirty (30) day period has elapsed.  A legible preliminary drawing or print of a proposed minor subdivision shall be acceptable for purposes of review by the commissioner of transportation of the county highway engineer.  To such drawing or print there shall be attached a written statement describing:  (1) the outlet for and means of disposal of surface waters from the proposed subdivided area, (2) the land use designation or zoning category of the proposed subdivided area, (3) the locations of ingress and egress to the proposed subdivided area, and (4) a preliminary site plan for the proposed subdivided area, if one has been prepared.  Failure to obtain the written comments and recommendations of the commissioner of transportation or the county highway engineer shall in no manner affect the title to the land included in the plat or the platting of said lands.  A certificate or other evidence shall be  required to or upon the plat for filing in the office of the County Recorder or Registrar of Titles as to the submission of or the obtaining of such written comments and recommendations.  The City shall provide the certificate or other evidence to the County Recorder or Registrar of Titles.

906.  Resubdivision/Rearrangement.

906.01.  Land which is located within a recorded plat shall not be resubdivided and/or rearranged into smaller parcels except as stated herein.
 
 (a)Land which is located within a recorded plat may be resubdivided and/or rearranged unless said resubdivision or rearrangement would result in an increase in the density of the plat as a whole.
 
 (b)Notwithstanding Subdivision (a) above, land within a recorded plat may be resubdivided or rearranged if, at the time of the recording of the original plat, the plat, development agreement, or other written and recorded document, signed by the City, specifically reserved the right to resubdivide and/or rearrange land within that plat.

(c)All applications for the resubdivision and/or rearrangement of a recorded plat must follow all City ordinances for the resubdivision of land.  The proper procedure to follow pursuant to City ordinances shall be based upon the total number of new lots proposed to be created and/or rearranged pursuant to said application for resubdivision and/or rearrangement.
History: Ordinance 1996-72 section 1

907.  Land Division.

907.01.  In any case where the division of land into two or more lots or parcels for the purpose of transfer of ownership or building improvement is not specifically provided for in the provision of these regulations, a description of such land division shall be filed with the clerk.  No building permit shall be issued for any construction, enlargement, alteration, or repair, demolition or moving of any building or structure on any lot or parcel resulting from such division, until such division has been approved by the City Council.  Prior to the consideration of such division by the City Council, they shall require that a certified survey be submitted.

907.02  In cases where adjoining contiguous property owners wish to exchange or otherwise divide land with the intent of enlarging one of the parcels and as a result of such division neither parcel will be nonconforming in accordance with the zoning ordinance, approval must be obtained from the City Council following the minor subdivision process.  Some of the requirements for minor subdivision approval may be waived, however, the newly acquired land must be combined on the deed for recording purposes as the remainder of the owners property.
 

908.  Registered Land Surveys.

908.01.  All Registered Land Surveys shall be filed subject to the same procedure as required for the filing of a plat for platting purposes.  The standards and requirements set forth in these regulations shall apply to all Registered Land Surveys.

909.  Metes and Bounds.

909.01.  Conveyance by metes and bounds shall only be permitted in  minor subdivision after submission of a survey and on parcels at least twenty (20) acres in area with no less than five hundred (500) feet of frontage on a public road.

909.02.  No building permit shall be issued for any structure on any parcel of land less than twenty (20) acres in area and having a width of less than five hundred (500) feet on an improved public road until a subdivision has been approved by the City Council in accordance with the regulations of this ordinance and the zoning ordinance and the parcel is recorded with the Washington County Recorder.

909.03.  When a conveyance is made by metes and bounds, no building permit shall be issued until a survey is submitted and the parcel is recorded with the Washington County Recorders Office. A survey is not required for parcels in excess of twenty (20) acres.

910.  Unapproved Subdivisions.

910.01.  No conveyance of land to which these regulations are applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved Registered Land Survey made after April 21, 1961, or to an unapproved plat.  The foregoing provision does not apply to a conveyance if the land described:

 (1) Was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later, or of the adoption of subdivision regulations pursuant to a home rule charter, or

 (2) was the subject of a written agreement to convey entered into prior to such time,

 (3) was a separate parcel not less than two and one-half (2 1/2) acres in area and one hundred fifty (150) feet in width on January 1, 1966, or

 (4) 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

(5)  is 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 division of the parcel into two or more lots or parcels, any one of which is less than five (5) acres in area or three hundred (300) feet in width, or
 
(6)  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 (2) or more lots or parcels, any one of which is less than twenty (20) acres in area or five hundred (500) feet in width.

910.02.  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 the subdivision regulations, the platting authority may waive such compliance.

910.03.  Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this Subdivision Ordinance shall pay to the municipality a penalty (no criminal sanction) of not less than $100.00 for each lot or parcel so conveyed.  The City may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction.

911.  Variances.

911.01.  The City Council may grant a variance in any particular case where the subdivider can show that by reason of the exceptional topography or other physical conditions the strict compliance to these regulations could cause an exceptional and undue hardship on the enjoyment of a substantial property right.  Such relief may be granted provided there is no detriment to the public welfare and no impairment of intended purpose of this regulation.

911.02.  Application for any such variance shall be made in writing by the subdivider at the time when the plat is filed for consideration.  Such application shall state fully all facts relied upon by the subdivider, and shall be supplemented with maps, plans or other additional data which may aid the City Council in the analysis of the proposed project.  Such variances shall be considered at the next regular meeting held by the City Council.  The plans for such development shall include any covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the proposed plat.  Any variance or modifications thus granted shall be recorded and entered in the minutes setting forth the reasons for granting the variance.

912.  Security Interest.

912.1.  Creation of a security interest in a portion of a parcel less than the entire parcel does not entitle the property to subdivision even in the event of foreclosure of the security interest, unless otherwise approved by the City Council and the parcel is in conformance with this Ordinance and the Zoning Ordinance.
 

 
 
 
 SECTION 10.  ENFORCEMENT
 

1001.  Building Permits.

1001.01.  No building permit shall be issued for any construction, enlargement, alteration, or repair, demolition or moving of any building or structure on any lot or parcel until all the requirements of this regulation have been fully met.

1002.  Violation and Penalties.

1002.01.  Any firm, person or corporation who violates any of the provisions of these regulations, or who sells, leases or offers for sale or lease any lot, block or tract of land herewith regulated before all the requirements of these regulations have been complied with shall be guilty of a misdemeanor, and upon conviction thereof be subject to fine and/or imprisonment.  Each day that a violation is permitted to exist shall constitute a separate offense.

1003.  Separability.

1003.03.  It is hereby declared to be the intention that the several provisions of this regulation are separable in accordance with the following:

 (1)If any court of competent jurisdiction shall adjudge any provision of this regulation to be invalid, such judgment shall not affect any other provision of this regulation not specifically included in said judgment.
 
 (2)If any court of competent jurisdiction shall adjudge invalid the application of any provision of this regulation to a particular property, building, or structure, such judgment shall not affect other property, buildings or structures.

1004.  Effective Date.

1004.01.  Passed by the City Council this 22 day of October,1996.

 
           _______________________
           Gary Erichson, Chairman

 
ATTEST:

_________________________
Deborah Graul, Town Clerk