Aitkin City Zoning Code
SUBDIVISION STANDARDS
§ 152.240 GENERAL.
The purpose of the subdivision standards is to provide procedures and design requirements for the subdivision of lands within the city. The provisions of this subchapter are intended to provide the requirements for the administration of subdivisions provided in §§ 152.265 through 152.278 of this chapter.
(Ord. 332, passed 5-19-2008)
§ 152.241 SKETCH PLAN.
A sketch plan shall contain the following data.
(A) Existing conditions.
(1) Approximate exterior boundary drawn to a scale of not less than one inch equals 100 feet with the scale and northerly direction shown thereon;
(2) Indication of floodplains, wetlands, slopes over 12%, bluffs, tree cover and ordinary high water mark;
(3) Use of adjoining properties including street locations, structure locations and property lines;
(4) Significant historical sites;
(5) Approximate locations of existing structures;
(6) Approximate locations of existing wells and sewage treatment systems;
(7) Location by section, town and range with small scale sketch showing location within the city; and
(8) The existing zoning classification and the zoning classification of adjacent parcels.
(B) Proposed design.
(1) Proposed roads and walkways;
(2) Proposed lots with building setbacks and bluff impact zones;
(3) Proposed green space; and
(4) Proposed city sewer and water system connections or sewage treatment systems and well locations.
(Ord. 332, passed 5-19-2008)
§ 152.242 PRELIMINARY PLAT, PRELIMINARY CONDOMINIUM PLAT OR MINOR SUBDIVISION RESULTING IN AT LEAST ONE PARCEL LESS THAN TEN ACRES.
A preliminary plat, preliminary condominium plat or minor subdivision resulting in at least one parcel less than ten acres shall contain the following data (except as waived in advance by the Planning Commission); along with other reasonable information required by the Commission needed to make a proper evaluation of the proposal.
(A) Existing conditions.
(1) Boundary lines with lengths and bearings drawn to exact scale of no less than one inch equals 100 feet taken from a boundary survey by a licensed surveyor with the legal description of the property, total acreage, name of the fee owner, developer and surveyor. North arrow and scale;
(2) Topography consisting of two-foot contour intervals, or at the discretion of the Planning Commission during the sketch plan review, ten-foot contour intervals taken from the USGS mapping with additional field determined spot elevations added to define drainageways, 100-year floodplains, wetlands, slopes and the ordinary high water mark. Near shore aquatic conditions, including depths, types of bottom, sediments and aquatic vegetation;
(3) Tree cover limits, specimen tree locations;
(4) Soils as determined by hand borings on a random basis, to determine depth to ground water at lower elevations and suitability for sewage treatment systems. At least one boring for each unit unless waived by the Planning Commission;
(5) Location of adjoining streets, wetlands, structures and property lines within 200 feet of subject parcel, including acreage of any property owned by the developer not included in the preliminary plat;
(6) Significant historical sites;
(7) Significant wildlife habitat areas;
(8) Endangered, threatened, rare or critical species, both flora and fauna;
(9) Date of boundary survey, topography and proposed plat;
(10) Layout of existing streets, walkways, driveways, blocks, lots and structures drawn to the same scale;
(11) Locations of existing wells and sewage treatment systems;
(12) Location by section, town and range with small scale sketch showing location within the city; and
(13) The existing zoning classification and the zoning classification of adjacent parcels.
(B) Proposed design.
(1) Layout of proposed streets, walkways, driveways, blocks, lots, buildings if known, drawn to same scale as existing data;
(2) Dimensions scaled to nearest five feet of all lot lines, street widths, easement widths and lakeshore lengths;
(3) Buildable areas of proposed lots;
(4) Structure setback lines from streets, lot lines and ordinary high water mark and a designation of the buildable area on the parcel;
(5) Proposed green space with area shown;
(6) Proposed public dedication areas other than streets or walkways with the area shown;
(7) Proposed city sewer or water system connections and extensions existing and proposed with grades shown;
(8) Potential locations and estimated depth to water table for all proposed on-site sewage disposal systems, two per lot;
(9) Information regarding adequacy of domestic water supply;
(10) Proposed storm drainage system and erosion control, both during and after construction activities;
(11) Proposed street standards and profiles;
(12) Potential principal structure and accessory structure locations and elevations;
(13) Extent of anticipated vegetation and topographic alterations;
(14) Proposed covenants;
(15) Name of subdivision and proposed street names, which shall not duplicate or be alike another plat previously recorded; and
(16) Stages of development proposed.
(C) Evidence of authority. Evidence of authority to subdivide the parcel consisting of fee ownership or written concurrence of fee owners.
(D) Cost/benefit analysis. An analysis of the ongoing cost to the city to provide services and maintenance to the development shall be prepared using a form provided by the city. This cost shall be compared on the same form to the estimated increased valuation of the property and the corresponding tax revenue. The development shall not be approved if public subsidy is required for ongoing services and maintenance.
(E) Unpaid assessments. All unpaid assessments shall be paid at the time the final plat, final condominium plat or metes and bounds lot split is filed.
(Ord. 332, passed 5-19-2008)
§ 152.243 FINAL PLAT OR FINAL CONDOMINIUM PLAT.
A final plat or final condominium plat shall contain all elements required by this subchapter and M.S. Ch. 505, 515A or 515B respectively, as they may be amended from time to time, and the state’s Plat Manual including but not limited to the following:
(A) Conformance with approved preliminary plat or agreed upon portion thereof;
(B) Design standards in conformance with this chapter;
(C) Preparation by a licensed surveyor. Signatures of Mayor, Administrator, County Auditor, County Treasurer and all parties with legal interest in the fee ownership of the land;
(D) Dedication to the public of easements, rights-of-way, walkways and land to become public;
(E) Drainage and utility easements over natural drainageways and significant wetlands;
(F) Reservation of private streets in outlots;
(G) Covenants shall be filed concurrently with the plat and shall be required to create an association of homeowners if a privately maintained cluster sewer or water system is proposed for subdivision.
(1) The association shall consist of all benefitted lot owners;
(2) The association shall be responsible for all costs of maintenance and replacement;
(3) The costs shall be uniformly divided by lots served;
(4) The costs shall be lienable against the lots by the association if payment is not forthcoming;
(5) The status of the facility shall be clearly stated as subject to perpetual private maintenance; and
(6) Provisions shall be made for emergency access or emergency maintenance by the city with subsequent reimbursement by the association.
(H) Concurrent documents:
(1) Title opinion, less than 60 days old, acceptable to the City Attorney and showing conformance with those parties represented by signature on the plat as holding interest in the property being divided;
(2) Financial security acceptable to the City Attorney in the amount of 125% of the cost estimated by the City Engineer for the uncompleted required improvements; and
(3) Development contract acceptable to the City Attorney, if required.
(I) All unpaid assessments shall be paid at the time the final plat, final condominium plat or metes and bounds lot split is filed.
(Ord. 332, passed 5-19-2008)
§ 152.244 MINIMUM DESIGN LAYOUT STANDARDS.
The following design standards shall be considered minimum acceptable requirements in the review of the proposed subdivision by the Zoning Administrator, City Attorney, City Engineer, Planning Commission and Council, except as waived by variance approved by the Board of Adjustment.
(A) The land shall be properly zoned and suitable in its natural state for the intended purpose with minimal alteration required. Land subject to flooding, land below the ordinary high water mark, wetlands, areas with high water table, bluffs, lands with slopes exceeding 12% or land containing other significant constraint(s) upon future intended usage, shall not be considered in the minimum size of a lot. The suitability analysis for each lot shall also consider soil and rock formations with severe limitations for development, severe erosion potential, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historical sites, or any other feature of the natural land likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community.
(B) All non-conforming structures and uses shall be brought into conformity during the subdivision process, except as specifically waived by motion of the Planning Commission.
(C) Each lot shall be adjacent to public sewer or shall have a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment sewage systems.
(D) Provisions for water based recreation where near shore aquatic conditions are unsuitable for direct access.
(E) Lot areas and dimensions shall conform to the requirements of this chapter, without variance.
(F) Lot layouts shall be compatible with the existing layout of adjoining properties and/or shall not constrain the future development of adjacent properties if those properties were to be developed as per this chapter.
(G) Side lot lines shall be substantially at right angles to straight road lines or radial to curved road lines, radial to lake or stream shores, and shall not contain bends or jogs unless topographic conditions necessitate a different arrangement. Existing structures shall not be construed to be a topographic condition.
(H) Each lot shall have a minimum of 33 feet of frontage on a designated right-of-way. Commonly-owned property or green space used for access in a planned unit development shall have a minimum of 33 feet of frontage on a public right-of-way.
(I) Proposed streets shall conform to the adopted road plan of the city, county and state highway plans and existing boundary conditions.
(1) Streets shall be related to the topography so as to produce useable lots and reasonable gradients not in excess of 10% for collector streets and 12% for minor roads.
(2) Public access shall be given to adjacent properties unless the topography clearly indicated future connection is not feasible.
(3) When parcels abutting arterial streets or collector streets are subdivided, no new access points shall be created unless an equal number of access points are removed, unless access points are created not less than 500 feet apart in which case there shall be no limit on the number of access points allowed.
(4) Half streets or connections of half streets to partial streets without providing for the full required right-of-way will not be permitted.
(5) Streets will be designed as collector streets or local streets in accordance with the city’s road plan.
(6) The number of streets that terminate without a through connection shall be minimized and the street connected to a cul-de-sac (turnaround) shall not exceed 1,200 feet in length.
(7) Access shall be given to all adjacent properties when required by the Planning Commission. All streets intended to be extended to adjoining property, shall be provided with a temporary cul-de-sac with the sides on a temporary easement, which will revert to the adjoining lot owner when released by the city. Landlocked areas shall not be created.
(8) Right-of-way shall be dedicated to the public:
Arterials streets | 100 feet or as determined by Aitkin County |
Collector streets | 66 feet |
Cul-de-sac (turnaround) | 68-foot radius |
Local streets | 66 feet |
NOTES TO TABLE: Additional right-of-way may be required to promote public safety and convenience if special conditions require such as intersections, sight lines on corners or excessive cut or fill sections. | |
(9) (a) Street centerlines shall intersect at not less than 75 degrees.
(b) Street jogs shall be no less than 200 feet from centerline to centerline.
(c) Gradients at intersections and for 50 feet approaching on each side of an intersection shall not exceed 2%. The approach shall contain no grades greater than 7% for 200 feet on each side of the intersection.
(10) Roads, driveways and parking areas shall meet structure setbacks and shall not be placed within bluff and Shore Impact Zones.
(11) Street names shall conform to the pattern of the city, continue an existing name on the same alignment and generally promote direction in the community. Street names shall be coordinated with the City Administrator.
(J) Easements shall be provided for public utilities or drainage where required by the Planning Commission and shall be the following widths, minimum:
Drainageway | 10 feet |
Electrical, telephone or cable television | 10 feet |
Sanitary sewer | 40 feet |
Storm sewer | 20 feet |
Watermain | 20 feet |
(K) Lots requiring holding tanks for sewage shall not be allowed.
(Ord. 332, passed 5-19-2008; Ord. 348, passed 9-7-2010)
§ 152.245 SURVEY STANDARDS.
Survey standards shall be those required by M.S. Ch. 505, as it may be amended from time to time, including the placement of all monuments including block corners, lot corners, curve points and lake survey line points on lot lines. All U.S., state, county and other official bench marks, monuments or triangulation points in or adjacent to the proposed subdivision shall be preserved in position unless relocation is approved by the controlling agency.
(Ord. 332, passed 5-19-2008)
§ 152.246 STREET IMPROVEMENT STANDARDS.
All streets within the subdivision shall be constructed by the subdivider or otherwise provided for by agreement in a development contract between the subdivider and the City Council with all expenses borne by the subdivider. Local streets and collector streets shall be constructed according with the established minimum standards and shall be approved by the City Engineer.
(Ord. 332, passed 5-19-2008)
§ 152.247 SANITARY PROVISION STANDARDS.
No land shall be subdivided for building purposes unless two adequate sites are available on the newly created lot for a conforming on-site sewage treatment system, or the subdivider constructs a cluster system serving the lots to be owned and maintained by a property owner’s association or the lot is provided with sanitary service by a city sewer system at the expense of the subdivider.
(A) A city sewer system shall be extended to the lot at the subdivider’s expense by agreement in a development contract between the subdivider and the City Council if the existing system is adjacent to the parcel being subdivided or reasonably close in the opinion of the City Engineer and Planning Commission or if the density of the proposed development necessitates a municipal sewer connection. The sewer shall also be extended to the exterior boundary of the subdivision at locations designated by the City Engineer.
(B) On-site systems or cluster on-site systems shall conform to state’s Pollution Control Agency Standards, Individual Sewage Treatment Systems Standards, Minn. Rules Ch. 7080, as administered by County Planning and Zoning, and provide for two treatment sites for drain fields.
(C) Municipal sewage facilities shall be designed by a licensed engineer, approved by the City Engineer, approved by the state’s Pollution Control Agency, and installed according to Standard Utilities Specifications, City Engineer’s Association of Minnesota.
(Ord. 332, passed 5-19-2008)
§ 152.248 WATER SUPPLY STANDARDS.
(A) The subdivider shall be responsible to provide the proposed subdivision with adequate spacing between building sites, on-site sewage disposal sites and potential well locations to allow the well installations in conformance with this chapter requirements or the subdivider shall provide the lot with a cluster water supply system to be owned and operated by a property owner’s association or the subdivider shall provide municipal water service (city water system) to the lot.
(B) A city water system shall be extended to the lot at the expense of the subdivider by agreement in the development contract between the subdivider and the Council if the existing municipal system is adjacent to the parcel being subdivided or reasonably close in the opinion of the City Engineer and Planning Commission or if the density of the proposed development necessitates a municipal water connection. The water main shall also be extended to the exterior boundary at locations designated by the City Engineer.
(C) On-site wells or cluster water systems shall conform to the state’s Department of Health Rules and Regulations MHD 210-230, Water Well Construction Code, and the cluster system shall receive the approval of the City Engineer.
(D) City water systems shall be designed by a Licensed Engineer, approved by the City Engineer, approved by the state’s Department of Health and installed according to Standard Utilities Specifications, City Engineer’s Association of Minnesota.
(Ord. 332, passed 5-19-2008)
§ 152.249 DRAINAGE AND GRADING STANDARDS.
(A) The subdivider shall consider the retention of natural storm water/snowmelt drainage patterns in the design of his proposed subdivision. The subdivider shall be responsible to provide adequate drainage facilitates for his or her development and upstream properties.
(B) All natural drainageways draining properties upstream from the subject property shall be identified and preserved, and no structures shall be less than one foot above the water level in the drainageway created by a storm of a 100-year, 24-hour rain event. No filling of areas inundated by the 100-year, 24-hour rain event shall be allowed.
(C) Additional runoff for a 100-year, 24-hour rain event from all streets and building sites at build-out shall be accounted for and maintained within the development.
(D) Natural or human-made storage areas shall be utilized where needed and shall be designated by drainage and utility easement by the subdivider. All storage areas shall be vegetated and designed to lower naturally after a storm.
(E) All drainage structures or improvements provided shall be sufficient in size to pass a 100-year, 24-hour storm event through the natural drainage way.
(F) All areas disturbed by grading, street construction or structure installation shall be covered with a minimum of three inches natural topsoil and seeded. Drainageways over 2% in gradient shall, at a minimum, be sodded.
(G) All parking areas, heavy use areas, storage areas and impervious area shall be diverted to a basin designed to allow entrapment of silts and nutrients prior to discharge to a natural drainage way.
(H) There shall be no discharge of untreated storm water to a waterbody.
(I) Erosion control measures shall be provided as needed to prevent and/or contain erosion.
(Ord. 332, passed 5-19-2008)
§ 152.250 DEDICATION TO THE PUBLIC STANDARDS.
(A) In accordance with the provisions of M.S. § 462.358, as it may be amended from time to time, the subdivider shall dedicate, to the public, lands for highway rights-of-way, street rights-of-way, utility easements, wetland easements and similar lands required for perpetual and public improvements.
(B) In addition, for every new subdivision of land involving three or more lots which are to be developed for residential purposes, the Planning Commission, with the concurrence of the City Council, shall require a payment to the city, in lieu of a land dedication for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails, wetlands or open space, of a sum not to exceed 10% of the fair market value of the land to be subdivided. The fair market value of the land to be subdivided shall be the value as determined by the County Assessor at the time of final plat approval by the City Council. The amount of the payment shall be set by the Planning Commission, with the concurrence of the City Council, after taking into consideration the open space, park, recreational or common areas and facilities which the applicant proposes to reserve for public use within the subdivision. Funds received by the city, in lieu of land dedication, shall be placed in a special fund in accordance with M.S. § 462.358, subd. 2b, as it may be amended from time to time.
(C) All dedications shall be included in the dedicated portion of the plat, included in the development contract, or received by the city in warranty deed prior to the approval of the final plat, without further restrictions or reservations.
(Ord. 332, passed 5-19-2008)
§ 152.251 IMPROVEMENTS.
(A) Purpose. Whenever an application presented to the city requires or proposes the installation, construction or dedication of public improvements to the city, the city shall require financial security or guarantee consistent with the provisions of this subchapter.
(B) Development contract. Prior to the submission of a final plat application and prior to approval of a metes and bounds subdivision, the fee owner shall provide for the construction of the required improvements at his or her expense and shall have the work completed or shall enter a development contract and give bond or other financial assurance satisfactory to the Council in an amount equal to 125% of the estimated cost of the uncompleted improvements, except as provided in division (D) below. The bond shall be released by the City Council upon the recommendation of the City Engineer indicating the improvements are satisfactorily complete.
(D) Assessment of costs. The fee owner may request the city to construct city sewer or water systems or bituminous street surfacing with all costs to be assessed against the benefitted properties. If the City Council agrees, the fee owner shall enter a development contract and give a bond or other financial assurance satisfactory to the Council in an amount as determined by the City Council. The assessments shall be paid in full upon sale of the property.
(E) Expenses. All costs of the City Engineer, City Attorney, Bond Council, financial experts and other professional costs borne by the city in writing and/or executing development contracts, estimates of cost, inspectors, financial arrangements, assessments and pursuing legal remedies in event of default by the fee owner, shall be borne by the fee owner or his or her successors.
(F) Record drawings. Before final release of the bond, record drawings shall be provided by the applicant documenting final locations of improvements
(Ord. 332, passed 5-19-2008)