Alton Township City Zoning Code
ARTICLE 3
DEVELOPMENT REVIEW PROCESSES AND REQUIREMENTS
§ 3.01 INTRODUCTORY PROVISIONS.
(A) Purpose. The purpose of this article is to establish application requirements, review processes and standards for land use approvals and development permits in the county.
(B) Additional studies. In considering a development proposal, the Board may request a report by the Zoning Administrator or other county staff or consultant; additional information from the applicant; input from any affected public service facility provider or special service district; and input from contiguous, affected or potentially affected jurisdictions. If so required, the applicant shall bear the full cost of meeting this requirement.
(C) Notification requirements.
(1) Whenever in this article notification of a public meeting or public hearing by the Planning and Zoning Commission, the Board of Adjustment or the Board is required, the following procedures shall be followed.
(a) Notification to applicant. The Zoning Administrator shall notify the applicant by mail of the time, place and date of the public meeting and/or public hearing. The information for the notice shall be obtained from county taxpayer information from county records.
(b) Notice of meeting of public body. Notice of the time and place of the meeting of the public body holding the public hearing or public meeting shall be given not less than four nor more than 20 days before the time of the hearing in one publication in the official newspaper of the county. Notice shall also be mailed to the applicant.
(c) Notification to surrounding property owners. The Zoning Administrator shall comply with the following notification requirements:
1. In the case of variances, to owners of record within 500 feet of the affected property;
2. In the case of conditional uses and interim uses, to owners of record within one-quarter mile of the affected property or to the ten properties nearest to the affected property, whichever would provide notice to the greatest number of owners;
3. In the case of all other official controls, including but not limited to rezoning and subdivision regulation, to owners of record within one-half mile of the affected property;
4. In all cases, notices sent in incorporated areas shall be sent to all property owners of record within 500 feet of the affected property; and
5. Written notice shall also be given to the affected board of town supervisors, and the municipal council of any municipality within two miles of the affected property.
(2) The notice shall be by mail indicating the time, place and date of the Technical Review Committee meeting, public meeting and/or public hearing. Failure to notify shall not be deemed sufficient cause to invalidate proceedings regarding the land use approval or development permit under consideration.
(D) No new petition filed. Whenever any application for a rezoning/map amendment, conditional use permit or variance shall have been denied, then no new respective application for a rezoning/map amendment, conditional use permit or variance covering the same property and/or additional property shall be filed with or considered by the county until one year shall have elapsed from the date of the denial.
(Ord. 97, passed 7-21-2009)
§ 3.02 ZONING PERMITS.
(A) Zoning permit required.
(1) No person shall erect, repair, structurally alter or move any structure or building or part thereof without first securing a zoning permit, except for activities exempted by subsection (B) below, which require a notice to proceed.
(2) No permit shall be issued where a proposed setback does not comply with future road construction plans as approved by the County Board, in which case a greater setback will be required in accordance with future highway plans. This information shall be supplied by the County Engineer.
(3) All animal feedlots must further comply with the regulations set forth by the State Pollution Control Agency.
(4) All on-site sewage treatment systems must further conform to Pollution Control Agency rules in Minnesota Rules, Chapter 7080.
(5) All manufactured home parks and recreational camping areas must further comply with the standards established by Minnesota Rules, Chapter 4630.
(6) All international, federal, state, county and other official monuments, bench-marks, triangulation points and stations shall be preserved in their precise locations; and it shall be the responsibility of the applicant to ensure that these markers are maintained in good condition during and following construction and development. All section, half sections and one-sixteenth section corners shall be duly described and tied.
(7) Any permit is void if building construction is not completed within one year from the date the permit was approved, unless otherwise extended by the County Board.
(8) Any zoning permit issued under the prior existing zoning ordinance shall remain in effect for one year from the date of its issuance and construction shall comply with all requirements in effect under the prior zoning ordinance. Construction must begin within one year of issuance of the zoning permit and be completed within one year after construction is begun.
(B) Notice to proceed required.
(1) Applicability. A notice to proceed is required for non-structural repairs that do not require a zoning permit. Circumstances in which a notice to proceed is required include, but are not limited to roof re-shingling, re-roofing, window replacement, same size, window replacement - enlargement or made smaller, siding, foundation repair/replacement (no structural raising involved), construction of an accessory structure 100 square feet or less and less than 14 feet in height. All repairs must meet all ordinance requirements.
(2) Notice to Planning Department. A phone call must be placed to planning and zoning for record purposes. The applicant shall furnish: first name; last name; address; city; state; zip; section; township; phone number; project description, including size and type of building and proposed date of start and completion. A notice to proceed letter will be generated from the planning and zoning office to the property owner. Messages can be left 24 hours per day, seven days a week.
(3) Fee. No cost to applicant for proper notification.
(4) Penalty. Penalty for failure to notify shall be as established by the County Board by resolution.
(C) Application for zoning permit.
(1) Application for a zoning permit shall be made to the Zoning Administrator on forms to be furnished by the county and must be signed by the applicant. Each application for a permit to construct or alter a building shall be accompanied by a plan, showing the survey dimensions of the lot to be built upon and the size and location of the building and accessory buildings to be erected, or such information as required by the Zoning Administrator. Applications shall contain such other information as may be deemed necessary for the proper enforcement of this ordinance or any other. The Zoning Administrator shall issue the zoning permit only after determining that the buildings, and site plans (if necessary), together with the application, comply with the terms of this ordinance, except as provided in § 2.01, Intent and that the applicant has no zoning violations outstanding or delinquent property taxes.
(2) Before any dwelling or other structure is moved onto a lot, the Planning Commission, by conditional use permit process, shall recommend to the County Board whether the structure will be compatible with other development in the area. The applicant shall submit photographs taken from two or more angles of the structure to be moved and photographs of the lot on which the structure is to be located together with photographs of adjacent lots and structures.
(3) A dwelling or other structure found not to be compatible with other development in the area by the County Board shall not be issued a zoning permit.
(4) If an applicant demonstrates that an incompatible dwelling or other structure can be made compatible and demonstrates the ability and intent to improve the dwelling or other structure within a period of not more than three years, unless the County Board later extends the time for completing improvements.
(5) A dwelling or other structure will be considered incompatible if it significantly lowers the property values or significantly detracts from the aesthetic quality of other development in the area.
(6) These requirements shall not apply to a single-family dwelling, permitted accessory uses or to agricultural buildings and structures when being located upon a farm as defined in Article 8; or to temporary structures being located on a lot for 18 months or less.
(7) An administrative review shall be issued in lieu of a conditional use permit for any house or structure being moved onto a lot provided all of the following criteria can be answered “yes” by the Zoning Administrator:
(a) The house or structure, in its existing condition, is compatible with other development in the area; COMPATIBLE means:
1. Photographs are submitted by the applicant taken from two or more angles of the structure to be moved and photographs of the lot on which the structure is to be located together with photographs of adjacent lots and structures. The photographs shall be kept on file, and become property of the Office of Planning and Zoning;
2. The house or structure as compared against the two closest adjoining structures is of the same or similar character as determined from records in the office of the County Assessor; and
3. The house or structure will not lower the adjoining property value(s) as determined and documented by written statement of the office of the County Assessor and kept on file in the office of planning and zoning.
(b) The aesthetic quality of the surrounding area is maintained. AESTHETIC QUALITY means that the dwelling or structure, in its existing condition, being moved onto the lot is of:
1. The same or similar building materials; i.e., brick, stick-built, manufactured home, pole construction and the like;
2. The same or similar building architecture, i.e., rambler, log cabin, French-second empire, Victorian, Spanish and the like;
3. The same or similar amount of stories; i.e., one-story, one and one-half-story, two-story;
4. The same or similar exterior material(s); i.e., aluminum siding, painted exterior and the like;
5. The same or similar roofline, i.e., gable, gambrel, hip, mansard and the like; or
6. The same or similar roofing material, i.e., shingles, tile, metal sheeting and the like.
(8) If “no” is answered to any of the above listed criteria by the Planning and Zoning Administrator, a conditional use permit shall be required. Approval or denial of the administrative review must be documented by findings of fact and be kept on file in the Office of Planning and Zoning. The Planning and Zoning Administrator shall notify the applicant in writing of the findings of fact within 14 days of the submittal of the required photographs and written request for an administrative review to move a dwelling or structure onto a lot. Appeal of the administrative review shall be heard by the Board of Adjustment.
(9)
The Planning and Zoning Administrator may report all findings of fact of the administrative review to the Planning Commission at its next regularly scheduled meeting.
(D) Fees. Zoning permit fees and other fees as may be established by resolution of the Board of County Commissioners shall be collected by the Zoning Administrator for deposit with the county and credited to the General Revenue Fund. Zoning permits are not valid until the required fee is paid.
(Ord. 97, passed 7-21-2009; Ord. 147, passed 8-3-2021; Ord. 160, passed 2-4-2025)
§ 3.03 AMENDMENTS/REZONING.
(A) Application.
(1) The proceedings for amendment of this ordinance shall be initiated by:
(a) A petition from the owner or owners of the property specified on the application;
(b) A recommendation of the County Planning Commission; or
(c) By action of the Board of County Commissioners.
(2) An application for an amendment shall be filed with the Zoning Administrator on the prescribed form.
(3) All applications to change the wording of this ordinance shall include the following information:
(a) The stated reason for the requested change;
(b) A statement on the compatibility of the requested change with the County Comprehensive Plan;
(c) The portion of the existing ordinance which is to be amended;
(d) The proposed amended text and statements, which outline any other effects that the amendment may have on other areas of this ordinance; and
(e) Any additional information requested by the Planning Commission.
(4) All applications to change the boundaries of any zoning district shall include the following information:
(a) The names, addresses and signatures of the petitioner or petitioners;
(b) The names and addresses of all property owners within the area to be rezoned, and a description of the property owned by each, and signatures from property owners in favor of the petition to rezone;
(c) A legal description of the property or properties to be rezoned and a specific description of the area to be rezoned;
(d) The present and proposed district classifications of the area;
(e) The current and proposed use of the land;
(f) A copy of any deed restrictions or covenants pertaining to the property or properties to be rezoned;
(g) A statement explaining the reason for the requested change in zoning;
(h) A statement on the compatibility of the requested change with the county’s Comprehensive Plan or any other officially approved plan;
(i) A map, plot plan or survey plot of the property or properties to be rezoned which illustrates the location, dimensions, zoning, existing uses and buildings located on adjacent properties within 500 feet in incorporated areas, and one-half mile in unincorporated areas; and
(j) Any additional information requested by the Planning Commission.
(B) Public hearing.
(1) The Planning Commission shall hold at least one public hearing on each petition for amendment of this ordinance or rezoning prior to any final decision by the County Board. Such public hearings may be continued from time to time and additional hearings may be held.
(2) Upon receipt in proper form of the application and other requested material, the Zoning Administrator shall set the date of the public hearing. All such hearings shall be held in a location prescribed by the Planning Commission.
(3) Notice of the time, place and purpose of any public hearing shall be given by publication in a newspaper of general circulation in the town, municipality or other area concerned, and in the official newspaper of the county at least ten days before the hearing.
(4) In addition, written notice of public hearings on all amendments to this ordinance shall be sent to the governing bodies of all towns and all municipalities located within the county.
(5) Written notice of the time, place, and purpose of public hearings regarding the application of this ordinance to specific properties (rezoning) shall be sent to the petitioner or petitioners and to the adjacent property owners at least ten days before the hearing. The written notice shall be sent to property owners as follows:
(a) In incorporated areas, to all property owners of record within 500 feet of the affected property;
(b) In unincorporated areas, to owners of record within one-half mile of the affected property; and
(c) Written notice shall also be given to the affected board of town supervisors, and the municipal council of any municipality within two miles of the affected property.
(6) The current tax records on file in the office of the County Assessor shall be deemed sufficient for notification purposes. The failure of any property owner to receive notification, or defects in the notice, shall not invalidate the proceedings, if a bona fide attempt to comply with this subsection has been made.
(7)
Written notice shall be sent to the respective Department of Natural Resources Area Hydrologist at least ten days prior to any public hearing regarding amendments, affecting the Shoreland Overlay District.
(8) Any interested party may appear in person or by agent or by attorney at the public hearing.
(C) Action and authorization.
(1) Following the close of the public hearing and the formulation of the Planning Commission’s recommendations, the Zoning Administrator shall report the findings and recommendations of the Planning Commission to the County Board at its next regularly scheduled Board meeting.
(2) Unless otherwise extended by written authorization of the applicant, the County Board shall act on the proposed amendment within 60 days of the receipt of a completed application for a rezoning or zoning amendment.
(3) The County Board shall have the option to hold whatever public hearings it deems advisable.
(4) Unless otherwise extended by written authorization of the applicant, if no report or recommendation is transmitted by the Planning Commission to the County Board, within 60 days after the receipt of a completed application, the County Board may take action without the recommendation.
(5) Approval of any amendments to this ordinance shall require a majority vote of all members of the County Board.
(6) A petition for rezoning which has been denied by the County Board shall not be reconsidered for at least one year.
(D) Fees.
(1) An application fee for a proposed zoning district boundary change or an amendment to this ordinance shall be as established by the County Board by resolution. Such fee shall be payable when the petition is filed.
(2) Any outside costs for consulting services to aid the Planning Commission, or County Board, or both, in making a decision on the petition shall be paid by the applicant. Such fee shall be determined by the County Board.
(E) Effective date. The amendment shall become effective upon adoption by the County Board and publication or such date after publication as the County Board shall designate.
(F) Similar use.
(1) A determination of similar use is when the County Board determines that a proposed use that is not in the zoning ordinance is “similar” to a use that is in the zoning code. The zoning administrator first issues a statement of clarification finding that the use is not sufficiently similar to any other use specifically listed and regulated in the zoning code. Any person proposing such use may then place a request for the County Board to determine if a use is or is not similar to other uses permitted in a specific district through the Planning and Zoning Administrator. The application and the process to determine if a use is similar to another use will follow the procedures for a zoning amendment as outlined in this section.
(2) The Planning Commission must make the following findings in determining one use is similar to another:
(a) That the use is similar in character to one or more of the principal uses permitted;
(b) That the traffic generated on such use is similar to one or more of the principal uses permitted;
(c) That the use is not first permitted in a less restrictive zoning district; and
(d) That the use is consistent with the Comprehensive Plan.
(3) The Planning Commission may recommend and the County Board may impose such reasonable conditions and limitations in granting an approval as are determined to be necessary to fulfill the spirit and purpose of this ordinance and to protect adjacent properties.
(Ord. 97, passed 7-21-2009; Ord. 160, passed 2-4-2025)
§ 3.04 PERMIT APPLICATION PROCESSING TIMELINE PROTOCOL.
(A) Purpose. The purpose of this section is to protect the right of a landowner, who in good-faith has submitted a completed application to the county zoning office for a particular land use project within a particular geographic area. It is also to ensure that applicant the appropriate time to complete his or her application process without interruption from a competing land use request in the same local area.
(B) Application process and permit requirements. All applications and permits shall be processed as follows.
(1) Upon receipt of a completed application (when one exists) or a formal written notice of a process to proceed (when an application does not formally exist) for a process that is required by federal, state or local statutes, rules or ordinance, the written documents shall be submitted to county zoning office. The person making application or formal written notice shall be deemed as Applicant A.
(2) Applicant A’s request, as noted above, shall be reviewed for completeness.
(a) If Applicant A’s application is complete it shall be accepted by the zoning office and shall proceed through the appropriate process as required. If the application is complete, it shall be deemed accepted.
(b) If Applicant A’s application is incomplete, it shall be returned to the applicant by first class mail and shall include a written statement informing the applicant of the information that is missing or incomplete. The application shall be deemed not accepted.
(3) During the process of review, an accepted application from Applicant A may be required to submit additional information to the requesting government entity in order to complete the process and/or make a decision on behalf of a request, such as, but not limited to, requests from the Planning Commission or Board of Commissioners during a conditional use permit, subdivision and plat, or from the environmental review authority. All information shall be provided in a timely manner.
(4) An applicant must complete the following process in the time periods listed in Table 3.1 to protect the applicant’s developmental rights.
Table 3.1 Permit Application Processing Timeline Protocol |
Table 3.1 Permit Application Processing Timeline Protocol | |
Animal feedlot: 10 AU - 49 AU | Within 30 days of receipt of a completed feedlot registration an applicant shall establish a feedlot by definition or submit a completed zoning application for a structure. As per zoning ordinance, a structure shall be completed within one year of issuance of the zoning permit. |
Animal feedlot: 50 AU- 999 AU | Within 90 days following the site team inspection or conditional use permit decision, the appropriate completed feedlot permit application shall be submitted to the zoning office. Within 30 days of issuance of a feedlot permit by the County Feedlot Officer, a completed application for a zoning permit to construct an animal feedlot structure shall be submitted to the zoning office. As per zoning ordinance; a structure shall be completed within one year of issuance of the zoning permit. |
Animal feedlot: > 1000 AU | A feedlot required to complete an environmental review shall notify the zoning office in writing at the time of submission to the MPCA. Within 30 days of the completion of the environmental review the applicant shall submit an application for site team or conditional use process. Within 90 days following the site team inspection or conditional use permit decision, the appropriate completed feedlot permit application shall be submitted to the State Pollution Control Agency. Within 30 days of issuance of a feedlot permit by the State Pollution Control Agency, a completed application for a zoning permit to construct an animal feedlot structure shall be submitted to the zoning office. As per zoning ordinance, a structure shall be completed within one year of issuance of the zoning permit. |
Residential subdivision and plat; as approved by the County Board | Setbacks: Any setback shall be calculated from the buildable area of a lot until a residential structure is physically located upon the lot(s). |
Residential subdivision and plat; application process | The pre-application meeting, as required by § 3.06(F)(9)(a), shall be held at the next regularly scheduled meeting of the Planning Commission. The applicant shall define a specific area of the potential subdivision. A preliminary plat and completed application shall be received by the zoning office within 60 days of the pre-application meeting of the Planning Commission. |
*Residence, permitted use | As per zoning ordinance, the structure shall be completed within one year of issuance of the zoning permit. |
*Residence, by conditional use permit | A completed application for a zoning permit shall be submitted within 90 days of County Board approval of the conditional use permit. As per zoning ordinance, the structure shall be completed within one year of issuance of the zoning permit. |
Sale of land | County shall not warranty land for development that has not proceeded through the appropriate processes and received proper approvals of the County Board, Zoning Administrator, or Board of Adjustment, as may be required. |
(*) Completion of a residential structure shall include all of the following: | |
(1) Construction of walls and roof; placement of windows and doors. | |
(2) An approved, constructed and functioning waste disposal system, i.e., SSTS, public sewer and the like. | |
(3) Electricity, a heating source and water supply. | |
(4) The structure in general shall be in habitable form. An unfinished basement is acceptable. “In general” habitable form includes such things as, internal walls, flooring, ceiling, cabinetry, plumbing, toilet and bath fixtures. | |
(5) Should a landowner not be timely in his or her application process, Applicant A shall forfeit the exclusive right of zoning review to the immediately following applicant for a land use request within the same geographical area.
(6) (a) Should a second applicant, deemed Applicant B, make application for a land use which is allowed in the same geographical vicinity the following policy shall apply.
1. If Applicant A has followed the processes and procedures as listed above, Applicant A’s project shall be considered “active and on-going” and shall be exclusively considered by the county for processing.
2.
No other application shall be considered within a specified quarter- quarter section, as established by any county ordinance, of Applicant A’s proposed project.
3. Upon receipt of any additional applications that have followed the procedures as listed above; any second or additional applicants shall be notified in writing by the county zoning office of a pending “active and on-going” application that is being considered.
(b) Each application shall be marked with the date and time of submittal to the zoning office to determine the order of consideration. Applications or formal written notices, (when an application does not formally exist) received by mail shall be considered received at 10:30 a.m. upon their day of receipt.
(7) Each additional application or formal written notice (when an application does not formally exist) to Applicant A’s request shall be denied by the County Zoning Administrator until such time that:
(a) The necessary processes have been completed by Applicant A and the land use entity exists and, therefore, the second or following request(s) can not meet the standards of the ordinance and an application would administratively be denied;
(b) Applicant A withdraws and rescinds his or her application in writing; or
(c) Applicant A fails to complete the necessary process to completion in the above specified time frame.
(8) Upon the withdrawal of Applicant A’s request, upon Applicant A’s failure to act in a timely manner, or upon the denial of Applicant A’s request, then Applicant B’s request shall move forward and be considered for approval through the same processes as was afforded Applicant A. Applicant B shall have 14 calendar days after written notice by the county zoning office to notify the county zoning office if it would like his or her application or formal process placed into “active and ongoing” status.
(9) Should Applicant B respond within 14 calendar days that he or she wishes to have his or her completed application considered, he or she shall be subject to the same processes of Applicant A. Additional applicants shall be treated in the same manner when more than one additional applicant exists, i.e., when Applicant B moves to active and ongoing status, Applicant C’s request shall be considered “on-deck”.
(10) Should Applicant B decline the opportunity to move forward or not respond to the written notice of the county zoning office, Applicant C, if there is one, shall be notified of such opportunity to be moved to “active and ongoing” status.
(11) Any additional applicants shall be subject to the same process as Applicant B. Each additional applicant shall be considered in the order the application or formal notice of process is received. Nothing in this ordinance prevents a previous applicant from reapplying and repeating the process that may have been previously denied, withdrawn or was previously lost by failure to respond or provide information.
(12) The county zoning office shall be responsible to make the applicant aware of the timelines the applicant is subject to in writing.
(Ord. 97, passed 7-21-2009; Ord. 160, passed 2-4-2025)
§ 3.05 SITE PLANS.
(A) Site plans required. Site plans are required to assure that the development meets the stated purposes and standards of the zoning district in which it is located; to allow the planning staff to review a zoning application for compliance with this code; to provide for the necessary public facilities such as roads and utilities; and to protect and preserve topographical features and adjacent properties through appropriate siting of structures and landscaping. A site development plan is required with applications for the following:
(1) New uses and significant expansions of existing uses, which increase the assessed value of the structure more than 50% as determined by the County Assessor, other than exclusively single family residential uses;
(2) Where otherwise specified in Articles 3, 4, 5 and 6 of this ordinance; and
(3) The Zoning Administrator may waive some of the requirements for required herein for zoning permits.
(B) Site plan requirements. Whenever this ordinance requires submission of a site plan the applicant shall submit one paper copy and an electronic version (AutoCAD) in a form acceptable to the Zoning Administrator of a site plan prepared by an engineer, landscape architect, architect or other similar licensed professional and meeting the following specifications and showing the data listed.
(1) Application information:
(a) Names of all property owners;
(b) Address of property including street, city and zip code; and
(c) Existing and requested zoning classification, use of property, number of employees if applicable.
(2) Specifications.
(a) Paper sized 11 inches by 17 inches; additional larger format copies may be submitted in addition to the 11 inches by 17 inches format.
(b) Drawn to scale of not less than one inch equals 50 feet, unless otherwise approved by the Zoning Administrator.
(3) All existing and proposed site conditions shall be shown, including:
(a) Existing and proposed contour lines at intervals no greater than five feet, referred to USGS datum;
(b) Location and dimensions of lot boundaries;
(c) Flood hazard areas as designated on FEMA flood hazard boundary maps;
(d) Watercourses and wetlands;
(e) Any unique natural features including wooded areas; and
(f) Location and dimensions of all existing structures. The structure must be labeled (e.g., existing warehouse, dwelling) and use must be labeled as well (e.g., storage of contractor’s equipment, single-family residence.) Each structure must delineate its square footage and dimensions to existing and/or proposed lot lines. Structures include:
1. Buildings;
2. Wells;
3. Fences;
4. Septic tank and septic field locations;
5. Retaining walls;
6. Utility poles;
7. Walkways;
8. Signs;
9. Location, dimensions and uses of each existing platted street, highway, railroad or utility easement;
10. Identification of parks and other public open space within or adjacent to the proposed development;
11. Existing parking spaces, number, dimensions and drives;
12. AI1 existing storm and sanitary sewer lines, water lines, gas lines, culverts or other underground installations within the proposed development or immediately adjacent, with pipe size (if available) and locations shown;
13. Layout, lot numbers and scaled dimensions of each lot in each block of any proposed subdivision;
14. Names, locations and dimensions of all proposed streets, roadways, alleys and pedestrian ways;
15. Other property lines, proposed right-of-way lines, building setback lines;
16. Location, dimensions and uses of any proposed street, highway, railroad or utility easements;
17. Existing and proposed parking spaces with dimensions and class (including handicapped) with a notation of the number of spaces required and the number provided. Proposed parking drive areas with proposed direction of traffic flow;
18. Access to all public or private streets and radius of curvature of ingress and egress drives;
19. Circulation patterns of traffic;
20. Location, intensity, height, spacing and shielding of all exterior lighting; and
21. Locations of outside refuse collection areas, and the type of screen to be provided to enclose the container from the public view.
(4) The following information shall also be noted on the plan:
(a) Date site plan was prepared or date when surveyed;
(b) North arrow and scale of drawings;
(c) Title block including the name, address, phone number and profession of the person preparing the site plan or plat, and the architect’s, engineer’s or surveyor’s professional seal, the date and the date of all revisions. Title blocks shall meet requirements of state law;
(d) Name, address, phone number and signed consent of all property owners;
(e) Ownership, land-use and zoning of all adjoining properties within 500 feet of the proposed development, and when adjoining properties are part of a recorded subdivision, the name of that subdivision;
(f) Type of water supply and sewage disposal and if storm sewer is available; and
(g) Other information deemed necessary by the Planning Commission or Board.
(C) Review of site plans. Unless specified otherwise in this ordinance for land division applications, a site plan may be approved by the Zoning Administrator upon concurrence of all the appropriate county departments or other appropriate agencies as indicated on a site plan review form.
(Ord. 97, passed 7-21-2009; Ord. 160, passed 2-4-2025)
§ 3.06 SUBDIVISION REGULATIONS.
(A) Introductory provisions.
(1) Purposes and intent. This ordinance is enacted for the following purposes: to safeguard the best interests of the county, the homeowner, the subdivider, the township and local municipalities within the county; to encourage well planned subdivisions by the establishment of adequate standards for design and construction; to secure the rights of the public; to discourage inferior development which might adversely affect property values; to prevent piecemeal planning of subdivisions; to improve land records by establishing standards for surveys and plats; and to establish subdivision development standards compatible with affected municipalities.
(2) Jurisdiction. The regulations herein governing plats and the subdivision of land shall apply to all areas of the county lying outside the incorporated limits of municipalities with the exception of the area up to two miles of a municipality whereby such municipality, by resolution, has extended the application of such regulations pursuant to M.S. § 462.358, Subdivision 1a, as it may be amended from time to time, and with the exception where a town has adopted subdivision regulations pursuant to M.S. § 368.01, as it may be amended from time to time.
(3) Application of ordinance. Any plat, or survey as applicable, hereafter made, for each subdivision or each part thereof lying within the jurisdiction of this ordinance, shall be prepared, presented for approval and recorded as herein prescribed. The regulations contained herein shall apply to the subdivisions of a lot, parcel or tract of land for the purpose of immediate or future transfer of ownership, including the re-subdivision or re-platting of lots or parcels and common interest community lots. A lot, parcel or tract of land, for purposes of this section is a designated area of land described and recorded with the County Recorder as of May 17, 1983.
(4) Exemptions.
(a) Subdivision approval shall not be required for those properties that qualify under one or more of the following exemptions:
1. Correction of engineering, drafting or surveying errors;
2. Combining of two or more lots into a single lot, provided a covenant acceptable to the Zoning Administer is recorded with the County Recorder;
3. Subdivision of a parcel of record to increase the size of two or more adjacent substandard parcels of record or to attach a residence to a feedlot owned by the same party, provided that a covenant acceptable to the Zoning Administrator to combine the parcels for purposes of sale and/or development is recorded with the County Recorder, and that a certificate of survey, prepared by a licensed surveyor, accompanies the covenant;
4. Adjustment of common boundary lines between adjoining property owners, providing that the adjustment results in no violation of this ordinance and a certificate of survey, prepared by a licensed surveyor, must be submitted to the Planning and Zoning Department and to the County Recorder;
5. Partition of lands by will or through action of a court of competent jurisdiction, unless or until development of the land is proposed;
6. Where a property has been changed in size or shape by reason of the taking of a part of such property for public use by reference to a properly drawn and recorded plat, such as a right-of-way plat; provided, that the outlines and dimensions of such remainder may be clearly determined by references to the previously recorded plats; and/or
7. Subdivisions and property boundary alterations that are the direct result of construction and operation activities of utilities exempted by state statute.
(b) All plats lawfully recorded prior to the effective date of this ordinance shall not be subject to the provisions contained herein.
(5) Land suitability requirement. No land shall be subdivided which is held unsuitable by the county for the proposed use because of any of the following conditions:
(a) Flooding;
(b) Inadequate drainage;
(c) Soil and rock formations with severe limitations for development;
(d) Severe erosion potential;
(e) Unfavorable topography;
(f) Inadequate water supply or sewage disposal capabilities; and
(g) Any other feature likely to be harmful to the health, safety or welfare of the future residents and or development of the proposed subdivision or of the community.
(6) Approvals necessary for acceptance of subdivision plats. Pursuant to subsection (D) below (plats submission procedure and data), before any plat shall be recorded or be of any validity, it shall be reviewed by the Planning Commission and approved by the Board of County Commissioners as having fulfilled the requirements of this ordinance. Where any municipality has adopted extraterritorial subdivision regulations as provided by the M.S. § 462.358, as it may be amended from time to time, any proposed plat lying within two miles of the municipality shall conform to the procedures as prescribed by the municipality.
(7) Compliance. No plat or any subdivision shall be entitled to record in the County Recorder’s office or have any validity until the plat, or survey as applicable, thereof has been prepared, approved and acknowledged in the manner prescribed by this ordinance.
(8) Zoning permits. No building permits shall be issued by the county for the construction of any building, structure or improvement to the land or to any lot in the subdivision, as defined herein, until all requirements of this ordinance have been complied with.
(9) Limited jurisdiction. This ordinance shall be subject to the rules and regulations governing plats and subdivision of land in areas where a municipality has adopted extra territorial jurisdiction in the county. All applications for plats in areas of the county, which municipalities have by resolution extended subdivision jurisdiction and in towns who have subdivision regulations, shall be made to the regulatory power.
(B) Minor and major subdivisions.
(1) Minor subdivision.
(a) When required. A minor subdivision is required for proposed land divisions that will result in:
1. A parcel of land of at least one acre at a density of one unit per quarter-quarter section in the A- Agricultural District or LR- Limited Residential Districts;
2. A parcel that is subdivided for a purely agricultural purpose with a covenant approved by the County Planning and Zoning Administrator prohibiting residential use; or
3. A parcel or parcels created in the A-1 Agriculture Protection District as a receiving site or sites pursuant to process described in § 6.09, Transfer of Development Right (TDR). The minor subdivision may only be authorized following the recording of an appropriate protective easement or easements on a standing site or sites and only at the densities described in § 6.09, Transfer of Development Right (TDR).
(b) Application. The applicant for a minor subdivision shall submit a sketch plan of the proposed new lots the information requirements of this subsection together with an application for a zoning permit meeting the requirements found in § 3.02, Zoning Permits.
1. Survey required. For all new lots five acres or smaller the applicant shall file a survey prepared and signed by a licensed land surveyor to the Zoning Administrator of the land to be divided or consolidated.
2. Survey exemption. For any minor subdivision that does not include any lots of five acres or smaller the new lots may be recorded with the metes and bounds description.
3. Deed history. The applicant shall provide the parcel’s deed history dating back to the first implementation of subdivision regulations (May 17, 1983).
4. Drawing. The applicant shall submit any drawing in a Geographic Information System (GIS) electronic format and/or in an AutoCAD format that meets the standards of the Zoning Administrator.
(c) Administrative approval of application. After the submission of a completed application and sketch plan, the Zoning Administrator shall review the application and sketch plan.
1. Thirty-day review. The Zoning Administrator shall within 30 days, approve with conditions, or disapprove the application and sketch in writing and advise the applicant of any stipulations or conditions that are required in the layout or character of development. The Zoning Administrator may choose to submit the application to other county departments for review; however, such review shall be accommodated within the review period stated above.
a. Signed applicant acknowledgment required. The applicant shall certify in writing that he or she agrees to all requirements or conditions as stipulated in the Zoning Administrator’s approval.
b. Intended use. All parcels being created for the purpose of residential, commercial or industrial use can comply with all requirements of this article, meet all relevant zoning and development standard requirements for the intended use including minimum dimensions and setbacks, and that the new lot includes frontage on an existing publicly dedicated road or highway.
2. Appeal of application review. Within 30 days of receipt of the Zoning Administrator’s action, the applicant may appeal any disapproval or any additional requirements or conditions stipulated in the Zoning Administrator’s approval. The application and sketch plan shall then be forwarded to the Planning Commission for consideration at the next regularly scheduled meeting. For the purpose of reviewing the application and sketch plan, the Planning Commission may hold one or more public hearings. Following review, the Planning Commission shall recommend to the County Board approval, approval with conditions or denial of the application. The County Board, at a regularly scheduled meeting, will then make the final decision.
(2) Major subdivision (revised by ordinance amendment 9-16-09).
(a) A major subdivision is required for:
1. Proposed land divisions that will result in more than one lot;
2. Divisions that would create an increase in residential density greater than provided for within the code; or
3. For any division of land for which development of a new public or private street or access serving more than one parcel is required.
(b) Major subdivisions must follow the sketch plan, preliminary plat and final plat submittal procedures, plat document requirements, and all other applicable requirements of this ordinance. This section does not apply to parcel splits that are exempted as described herein.
(C) Design standards.
(1) General. Design standards shall assure that the layout of the subdivision is in harmony with existing adopted plans affecting the development of its surroundings and shall be in harmony with existing development unless the proposed development is part of a larger redevelopment plan.
(a) The County Board may designate that unique and irreplaceable natural features which add value to all developments in the county, such as trees or groves, watercourses, beaches, historic spots, vistas and other similar irreplaceable assets shall be preserved within the development.
(b) Loop streets and other street designs which minimize the need for cul-de-sacs and maximize access for public safety and county maintenance vehicles shall be encouraged.
(2) Blocks.
(a) Blocks shall have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads, waterways or lakeshores.
(b) The lengths, widths and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, block lengths shall normally not exceed 1,320 feet, nor be less than 400 feet in length. Wherever practicable, blocks along major arterials and collector streets shall be not less than 1,000 feet in length. In long blocks, the Planning Commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities or pedestrian traffic. Pedestrian ways or crosswalks, not less than ten feet wide, may be required by the County Board through the center of blocks more than 800 feet long where deemed essential to provide circulation of pedestrian access to playgrounds, transportation, shorelands or other, community facilities. Blocks designed for industrial uses shall be of such length and width as may be determined suitable for the prospective use.
(3) Lots.
(a) The minimum lot area, lot width and lot depth shall conform to the requirements of the zoning district, except in cases where a lot is dedicated as an outlot (undevelopable), whereby a deed restriction filed with the county shall permanently prohibit building a structure on the lot.
(b) No newly created lot shall contain any building used in whole or in part for residential purposes unless such lot abuts for at least 66 feet on at least one street, road or private lane, except 50 feet minimum may be allowed where no further division or parcels or lots can be created, or if fronting on a private lane. Where a lot that meets qualifications of a legal lot of record as of the effective date of this ordinance does not abut a street, road, or private lane, access may be provided to a public road by an exclusive, unobstructed private easement of access with a minimum width of 30 feet.
(c) Corner lots for residential use shall have additional width to permit appropriate building setback from both roads as required by the county zoning ordinance.
(d) When possible, side lot lines shall be at right angles to straight street lines or radial to curved street lines.
(e) Double frontage lots shall be avoided except where backing on a highway or other arterial road, or where topographic or other conditions render other designs unreasonable. Such double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the rear lot line.
(f) Every lot must have sufficient frontage on a public dedicated road or street other than an alley, provided, that where private roads are permitted such frontage may be on a private street.
(g) Lot remnants which are below the minimum lot size must be added to adjacent or surrounding lots rather than be allowed to remain as an unusable outlot or parcel.
(h) For major subdivisions, no lot shall have more than six sides and, unless in the A Agricultural District, panhandle lots are prohibited.
(4) Roads, highways, streets and alleys.
(a) The design of all streets shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographic conditions, to runoff of stormwater and to the proposed uses of the area to be served.
(b) Where new streets extend existing adjoining streets, their projection shall be at the same or greater width, but in no case less than the minimum required width.
(c) Within major subdivisions, street stub linkages shall be provided among adjoining existing and proposed subdivisions in order to allow convenient and effective travel among subdivisions.
1. Street stub linkages shall be provided at a ratio of at least one linkage street right-of-way per 800 linear feet of subdivision or land development boundary line, which adjoins vacant or undeveloped land, unless determined to be unnecessary by the Planning Commission.
2. Street stub linkages shall be planned and constructed to the subdivision or land development boundary line. If the stub is in excess of 100 feet in length, then a temporary paved turn-around area shall be provided.
3. When the adjoining land is developed, its street system must connect with and incorporate the previously constructed street stub linkages.
(d) Half streets shall be prohibited except where the County Board finds it to be practicable to require the dedication of the other half when the adjoining property is subdivided or when an easement for the other half is dedicated. In such event, access to the half street shall be prohibited until such adjoining property is subdivided.
(e) Proposed streets obviously in alignment with existing and named streets shall bear the names of such existing streets. In no case shall the name of the proposed street duplicate names, including phonetically similar names, elsewhere in the county excepting, municipalities.
(f) Where a major subdivision is to be located adjacent to a collector road the County Board shall require that lots back onto those thoroughfares and be landscaped to provide a buffer zone. Access to the interior lots shall either be a cul-de-sac or designed as a U-shaped or loop street.
(g) 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.
(h) Tangents of at least 100 feet in length shall be introduced between reverse curves on collector streets and 50 feet on lesser streets.
(i) Except as linkage street-stubs, dead-end streets shall be prohibited, but cul-de-sacs will only be permitted when, because of topography or other conditions, the subdivider can prove to the satisfaction of the Planning Commission that no reasonable alternative exists. Cul-de-sacs shall not be longer than 500 feet. Turn-arounds shall have a minimum outside roadway diameter of 60 feet and a right-or-way diameter of not less than 70 feet.
(j) Local streets are intended for access to abutting property and shall be so aligned that their use by through traffic shall be discouraged*.
(k) Insofar as practical, streets shall intersect at right angles and no intersection shall be at an angle of less than 70 degrees. It must be evident that safe and efficient traffic flow is encouraged. No intersection shall contain more than four “corners”. Street jogs with centerline off-sets of less than 125 feet shall be avoided.
(l) For all streets rights-of-way hereafter dedicated and accepted, the following minimum right-of-way width and grades shall be met:
Street Classification | Min Width R.O.W. | Min Driving Width | Max Grade | Min Drainage Grade |
Alley | 20 feet | 16 feet | 8% | 0.5% |
Local streets* and roads | 66 feet | 24 feet | 8% | 0.5% |
Major arterial | 100 feet | 60 feet | 5% | 0.5% |
Minor arterial/collector | 80 feet | 44 feet | 5% | 0.5% |
Pedestrian way | 10 feet | - | - | |
Service access roads | 50 feet | 24 feet | 8% | 0.5% |
(m) State Department of Transportation Standards for horizontal and vertical alignment, grades and the like, shall also be complied to meet county and township standards.
(n) Private streets or roads may be permitted provide these streets or roads meet the approval of the County Board and standards set forth in this ordinance. No person shall sell any parcel of land in a subdivision if it abuts on a road which has not been accepted as a public road unless the seller informs the purchaser in writing of the fact that the road is not a public road and is not required to be maintained by the town or county.
(o) Minor street access to state and federal highways shall not be permitted at intervals of less than 600 feet.
(p) Street names shall be determined by the Zoning Administrator.
(5) Easements.
(a) An easement for utilities at least six feet wide, shall be provided along the side of lots and/or the rear line of lots where necessary to form a continuous right-of-way, at least 12 feet in width. If necessary for the extension or construction of main water or sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots.
(b) Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the County Board, after review by the Planning Commission.
(c) Additional easements for pole guys should be provided at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall alongside lot lines.
(d) Where a subdivision contains or is traversed by a watercourse, drainageway, channel, lake or stream, a stormwater easement, drainage right-of-way or park dedication, whichever the County Board may deem the most appropriate, conforming substantially with the lines of such watercourses, shall be provided, together with such further width or construction, or both, as will be adequate for the stormwater drainage of the area. The width of such easements shall be determined by the County Engineer.
(6) Monuments.
(a) All plats must depict that durable magnetic markers have been set at all angle and curve points on the outside boundary lines prior to recording the plat. The plat must also indicate that all interior block, lot and witness monuments shall be set within one year after recording the plat.
(b) Monuments may be either stone or concrete, or steel bars or iron pipes of least one-half inch in diameter and 14 inches long and shall have affixed thereon the license number of the land surveyor certifying the plat.
(c) All monuments shall be certified for accuracy by the owner’s surveyor.
(d) It shall be responsibility of the subdivider to ensure that all monuments and markers are maintained in good condition during and following construction and development. All section, quarter section, and sixteenth section corner monuments shall be completely and adequately described and tied.
(7) Stormwater management facilities.
(a) Location. The applicant may be required by the County Board to infiltrate or carry away by pipe or open ditch any spring or surface water that may exist either previously to, or as a result of the subdivision. Such management facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the construction standards and specifications outlined in this section, as required in the applicant’s NPDES permit, and specified by the County Engineer.
(b) Accessibility to public storm sewers.
1. Where a public storm sewer is accessible, the applicant shall install storm sewer facilities or if no outlets are within a reasonable distance, adequate provision shall be made for the management of stormwaters, subject to the specifications reviewed by the County Engineer and the specifications of the applicant’s NPDES permit.
2. If a connection to a public storm sewer will be provided eventually, as determined by the County Engineer and the County Board, the developer shall make arrangements for future stormwater management by a public utility system. Provision for such connection shall be incorporated by Inclusion in the performance bond required for the subdivision plat.
(c) Accommodation of upstream drainage areas. A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The County Engineer shall review plans and specifications provided by the applicant’s engineer to determine the necessary size of the facility, based on the provisions of the construction standards and specifications assuming conditions of maximum potential watershed development permitted by the zoning ordinance.
(d) Effect on downstream drainage areas. The County Board shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Local government drainage studies, together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where it is anticipated that the subdivision’s post-development stormwater runoff will overload an existing downstream drainage facility, the County Board may withhold approval of the subdivision until provision has been made to adequate accommodate the post-development stormwater runoff. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.
(e) Floodplain areas. The County Board, may when it deems it necessary for the health, safety or welfare of the present and future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit the subdivision of any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading or dumping of earth, waste material or stumps except at the discretion of the County Board.
(8) Public sites and open spaces.
(a) Where a proposed park, playground or open space is located in whole or in part in a subdivision, the County Board shall require that such area or areas be shown on plats in accordance with the requirements specified in this section. Such area or areas shall be dedicated to the township, county or to a homeowners’ association responsible for maintenance, by the subdivider if the County Board approves such dedication.
(b) The Planning Commission shall require that plats show sites of a character, extent and location suitable for the development of a park, playground or other recreation purposes. The Planning Commission may require that the developer satisfactorily grade any such recreation areas shown on the plat.
(c) In all new major subdivisions the Planning Commission shall require 5% of the gross area of the subdivision to be dedicated for public recreation space, school sites or other public use with such percentage being in addition to property dedicated for streets, alleys, easements or other public ways, or contribute fee-in-lieu to a capital fund for recreational facilities. When a subdivision is too small for the practical dedication of public land or if no land in the subdivision is suitable for such use, the subdivider shall be required by the county to pay a fee equal to 5% of the land value prior to subdivision. The land value shall be determined by utilization of assessment records and formulas that apply thereto of the land subdivided at its highest and best use. There may be additional open space requirements under the conservation subdivision requirements in subsection (F) below.
(d) Where a private park, playground or other recreational area shall have been drawn on the final plat, the County Board may also require the filing of a written agreement between the applicant and the lot owners covering the cost of grading, development, equipment and maintenance of any such recreation area.
(e) Previously subdivided property from which a park dedication has been received, being resubdivided with the same number of lots, is exempt from park dedication requirements. If, as a result of resubdividing the property, the number of lots is increased, then the park dedication or per lot cash fee must apply only to the net increase of lots
(9) Copies of plats supplied to Commission. Copies of all plats within shoreland areas approved by the county shall be submitted to the respective Department of Natural Resources Area Hydrologist within ten days of approval by the county.
(D) Plats; submission procedure and data.
(1) Sketch plan.
(a) Prior to the filing of an application for approval of the preliminary plat, the subdivider shall submit for review with the Zoning Administrator and Planning Commission, subdivision sketch plans which shall contain the following information: tract boundaries; north point; description of nature and purpose of tract; streets on and adjacent to the tract; significant topographical and physical features; proposed general street layout; and proposed general lot layout.
(b) Such sketch plans will be considered as submitted for informal and confidential discussion between the subdivider, the Zoning Administrator, and the Planning Commission. Submission of a subdivision sketch plan shall not constitute formal filing of a plat with the Commission.
(c) As far as may be practical on the basis of a sketch plan, the Commission staff will informally advise the subdivider as promptly as possible of the extent to which the proposed subdivision conforms to the design standards of this ordinance and will discuss possible plan modifications necessary to ensure conformance.
(2) Preliminary plat.
(a) Procedure.
1. Report. The County Planner shall submit a report to the Planning Commission concerning the feasibility of the proposed plat and its conformance with the requirements of this ordinance. If the County Engineer is submitting the preliminary plat, the report shall be submitted by another qualified person who shall be selected by the Planning Commission.
2. Recommendations of the affected townships, Soil and Water Conservation Districts and Watershed District. The developer shall submit the preliminary plat to the affected township (to the Township Clerk by certified mail or hand delivery with written acknowledgment), soil and water conservation district, and watershed district when the preliminary plat has been submitted to the Planning and Zoning Department. The affected township, soil and water conservation district and watershed district shall have 25 days from the date the preliminary plat was submitted to the Planning and Zoning Department in which to submit its written recommendation to the Planning and Zoning Department, regarding the proposed preliminary plat. Such recommendation shall indicate approval or disapproval, reasons for such a recommendation and may include recommended changes to the proposed preliminary plat. If no recommendation is forthcoming from the township within the 25 days or if a written recommendation is received in less than 25 days, the Planning Commission may proceed with the necessary public hearing. The application shall not be considered complete until comments have been received by the impacted township, the township has waived any rights to comment or the township’s 25-day review period has expired.
3. Consideration by the Planning Commission. A petition for approval of a preliminary plat shall be submitted to the Planning Commission which shall hold a public hearing on the petition within 30 days of its submission to the county. Notice of the time, place, subject matter and purpose of the public hearing shall be published in the official newspaper of the county at least ten days before the hearing. Written notice of the public hearing shall also be sent at least ten days before the hearing to all owners of record within one-half mile of the affected property and also to the affected board of town supervisors and municipal council of any municipality within two miles of the affected property. After completion of it deliberations, the Planning Commission shall within ten days make a recommendation to the Board of County Commissioners along with a report on its findings. In case the plat is disapproved, the subdivider shall be notified of the reason for such action.
4. Consideration by the County Board.
a. A petition for approval of a preliminary plat which has been reviewed by the Planning Commission shall be submitted to the County Board which shall hold a public hearing thereon and either disapprove or approve the petition within 60 days of the submission of a completed application to the county. Notice of the public hearing shall be given in the same manner as provided in § 3.01(C) (Notification Requirements). After completion of its deliberations, the County Board shall within 60 days of the submission of a completed application to the county act on each plat, which has been recommended for approval by the Planning Commission.
b. A petition for approval of a preliminary plat which has been disapproved by the Planning Commission may be submitted to the County Board by the petitioner. The petitioner shall have the right to petition within 30 days after receipt of notice of the decision by the Planning Commission. The County Board shall hold a public hearing thereon and either disapprove or approve the petition. Notice of the public hearing shall be given in the same manner as provided in § 3.01(C) (Notification Requirements).
c. Approval or disapproval of the preliminary plat shall be conveyed to the subdivider in writing within 60 days of the submission of a completed application to the county. In case the plat is disapproved, the subdivider shall be notified of the reason for such action and what requirements will be necessary to meet the approval of the County Board. The approval of the preliminary plat does not constitute an acceptance of the subdivision, but is deemed to be an authorization to proceed with the final plat. This approval of the preliminary plat shall be effective for a period of six months, unless an extension is granted by the County Board.
d. The subdivider may file a final plat limited to such portion of the preliminary plat which he or she proposes to record and develop at the time, provided that such portion must conform to all requirements of this ordinance. If some portion of the final plat has not been submitted to the County Board for approval within this period, a preliminary plat must again be submitted to the Planning Commission and County Board for approval.
(b) Data required. The subdivider shall prepare and submit a preliminary plat as follows, together with any necessary supplementary information:
1. Filing. Six copies of a preliminary plat of any proposed subdivision shall be filed with the Zoning Administrator.
2. Contents. The preliminary plat shall contain the following information:
a. Proposed name of subdivision, names shall not duplicate or too closely resemble names of existing subdivisions;
b. Location of boundary lines in relation to a known section, quarter section or quarter-quarter section lines comprising a legal description of the property;
c. Names and addresses of the subdivider and the designer making the plat;
d. Graphic scale of plat, not less than one inch to 100 feet and indicated scale;
e. Date and north point;
f. Existing conditions:
i. Location, width, and name of each existing or platted street, road or other public way, railroad, the utility right-of-way, parks, wildlife and other public open spaces, and permanent buildings, within or adjacent to the proposed subdivision;
ii. All existing sewers, water mains, gas mains, culverts, power or communication cables or other underground installations within the proposed subdivision or immediately adjacent thereto;
iii. Location of environmentally sensitive areas including floodplains, shoreland areas, steep slopes, wetlands and other natural features that affect the suitability of the land for the intended purpose; and
iv. Topographic data with a contour interval of not move than two feet and supplemental of one foot in extremely flat areas; watercourses, lakes, delineated wetlands, wooded areas, rock outcrops, power transportation poles and lines, gas lines, steep slopes, areas with hydric soils and other significant existing features for the proposed subdivision and adjacent property;
g. Proposed development:
i. The location and width of proposed streets, roads, alleys, pedestrian ways and easements and gang or group mailboxes. Typical road cross-sections shall be provided showing grading within the right-of-way, traveled way width, type and thickness of surfacing proposed, base course thickness and type. The road shall show any connections with adjacent local streets or possible future connections with streets on adjacent undeveloped property;
ii. The location and character of all proposed public utility lines, including sewers (storm and sanitary), water, gas and power lines. All on-site sanitation and water supply facilities shall be designed to meet the minimum specifications of the County Public Health Officer and County SSTS standards, and the plan for such facilities certified by the subdivider’s licensed engineer or licensed septic system installer;
iii. Layout, numbers and approximate dimensions of lots and the number of each block;
iv. Location and size of proposed parks, playgrounds, churches, school sites or other special uses of the land to be considered for dedication to public use, or to be reserved by deed of covenant for the use of all property owners in the subdivision and any conditions of such dedication or reservation;
v. Building setback lines with dimensions;
vi. Indication of any lots on which a use other than residential is proposed by the subdivider; and
vii. The zoning district, if any, on and adjacent to the tract.
h. Vicinity sketch, at a legible scale, to show the relation of the plat to its surroundings;
i. Any soil tests and reports that may be required by the County Engineer, shall be completed by an approved soils laboratory;
j. An approximate grading plan and sediment and erosion control plan that is in compliance with the site’s NPDES permit;
k. All lands proposed to be dedicated to public use and the conditions of such dedication;
l. A copy of all proposed private restrictions;
m. A notarized certification of approval by the owner and by any mortgage holder of the property of the adoption of the plat and the dedications required by this ordinance;
n. A current written title opinion from a qualified attorney certifying that the fee simple title to the premises is owned by the developer. The final plat shall also contain a statement in the same effect and signed by a qualified attorney; and
o. The subdivider shall provide the subject parcel’s deed history dating back to the first implementation of subdivision regulations (May 17, 1983).
(c) Supplementary requirements. Upon request of the Planning Commission, supplementary information shall be submitted; such supplementary information may include the following:
1. Two copies of profiles for each proposed street and road, showing existing grades and proposed approximate grades and gradients on the centerline. The location of proposed culverts and bridges shall also be shown; and
2. Proposed surface drainage diagrams for lots in the form of arrows, proposed contours or other appropriate method.
(3) Final plat.
(a) Procedure. After the preliminary plat has been approved, the final plat may be submitted for approval as follows.
1. Report. The County Planner shall submit a report to the Planning Commission regarding the conformance of the proposed final plat to the approved preliminary plat, the requirements of this ordinance and all provisions of the state statutes regarding the platting of land.
2. Review of the Planning Commission and notice requirements. A petition for approval of a final plat shall be submitted to the Planning Commission which shall hold a public hearing on the petition. Notice of the time, place, subject matter and purpose of the public hearing shall be published in the official newspaper of the County at least ten days before the hearing. Written notice of the public hearing shall also be sent at least ten days before the hearing to all owners of record within one-half mile of the affected property or to the nearest ten property owners whichever would provide to the greatest number of owners and also to the affected board of town supervisors and to the Township Clerk (by certified mail or hand delivery with written acknowledgment), and the municipal council of any municipality within two miles of the affected property. After completion of its deliberations, the Planning Commission shall within 60 days make a recommendation to the County Board along with a report on its findings. In case the plat is disapproved, the subdivider shall be notified of the reason for such action and what requirements will be necessary to meet the approval of the Planning Commission.
3. Approval of the County Board. A petition for approval of a final plat which has been reviewed by the Planning Commission shall be submitted to County Board which shall hold a public hearing thereon and either approve or disapprove the petition. Notice of the public hearing shall be given in the same manner as provided in § 3.01(C) (Notification Requirements). The County Board shall act on each plat forwarded by the Planning Commission within 30 days after submission to County Board, if accepted the final plat shall be approved by resolution which resolution shall provide for the dedication of all streets, roads, alleys, easements or other public ways and parks or other open spaces dedicated to public purposes. If disapproved, the grounds, for any refusal to approve a plat shall be set forth in the proceedings of the Board and reported to the subdivider applying for such approval. Once approved, the final plat shall be recorded within 90 days of the date of Board approval. A final plat not so filed and recorded within 12 months of the date upon which the plat is approved shall become null and void.
(b) Data required. The subdivider shall submit a final plat together with any necessary supplementary information.
1. Filing. Eight copies of a final plat shall be filed with the Planning Commission.
2. Contents. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of state statutes and as required below:
a. Names of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision;
b. Location by section, township, range, county and state, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must be mathematically close. The allowable error of closure on any portion of final plat shall be two-tenths of a foot;
c. The location of monuments shall be shown and described on the final plat. Location of such monuments shall be shown in reference to existing official monuments or the nearest established road lines, in true angles and distances to such reference points or monuments. Permanent markers shall be placed at each corner of every block or portion of a block, points of curvature and points of tangency or road lines, and at each angle point on the boundary of the subdivision. A permanent marker shall be deemed to be a steel rod or pipe, one-half inch or larger in diameter and be a minimum of 14 inches long. In situations where conditions prohibit the placing of markers in the locations prescribed above, offset markers will be permitted. The exact location of all markers shall be shown on the final plat, together with accurate interior angles, bearings and distances. Permanent monuments shall be placed at all quarter section points within the subdivision or on its perimeter;
d. Location of lots, streets, roads, highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines;
e. Lots shall be numbered clearly. Blocks shall be shown clearly in the center of the block;
f. The exact locations, widths and names of all public ways to be dedicated;
g. Location and width of all easements to be dedicated;
h. Name of subdivider and surveyor making the plat;
i. Scale of plat (the scale to be shown graphically and in feet per inch), date and north point;
j. Statement dedicating all easements as follows: Easements for installation and maintenance of public utilities and drainage facilities are reserved over, under and along the strips marked “utility easements”;
k. If the plat contains areas within the floodplain, restrictive deed covenants shall be filed with the final plat and shall provide that the floodplain areas be left essentially in the state shown on the plat; and require that any additions or modifications to these facilities will not violate any provisions of the floodplain zoning ordinance or supplemental regulations;
l. An attorney’s opinion of title showing title or control of the property to be subdivided;
m. A complete set of street profiles showing the grade as constructed;
n. Copies of private restrictions affecting the subdivision;
o. A notarized statement from the County Auditor certifying that there are no delinquent taxes on the property to be subdivided; and
p. An electronic Geographic Information Systems (GIS) submission of the approved final plat that meets the standards of the Zoning Administrator.
(c) Filing fee. The final plat shall be accompanied by a fee as established by the County Board. Such fees to be used for the expense of the county in connection with the review, inspection, approval or disapproval of the plat which may thereafter be submitted.
(d) Certification required.
1. Notarized certification by owner, and by any mortgage holder of record, of the adoption of the plat and the dedication of streets, roads and other public areas;
2. Notarized certification by a licensed land surveyor, or county surveyor, to the effect that the plat represents a survey made by him or her and that monuments and markers shown therein exist as located and that all dimensional and geodetic details are correct;
3. Certification showing that all taxes and special assessments due on the property have been paid in full; and
4. Space for certificates of review to be filled in by the signatures of the Chairperson of the Planning Commission and certificate of approval by the Chairperson of the County Board. The forms of approval by the Planning Commission are as follows.
Reviewed by the Waseca County Planning Commission this ____day of ____________, 20____.
Signed: ______________________________________________________
Chairperson: ______________________________________________________
Attest: ______________________________________________________
Secretary ______________________________________________________
The form of approval of the Board of County Commissioners is as follows:
Approved by Waseca County Board of Commissioners, Minnesota this ______ day of ______, 20__.
Signed: ______________________________________________________
Chairperson, Board of County Commissioners
Attest: ______________________________________________________
County Auditor ______________________________________________________
The form of approval by the Waseca County Surveyor or a licensed land surveyor is as follows:
Examined and recommended for approval this __________ day of _____, 20___.
Signed:
______________________________________________________
Waseca County Surveyor or
Licensed land surveyor No.__________________
(for plat submitted by County Surveyor)
(e) Supplementary documents and information. Supplementary documents and information may be required as follows:
1. A complete set of the proposed street profiles showing the proposed grade lines as proposed to be constructed;
2. Copies of any private restrictions affecting the subdivision or any part thereof;
3. Signatures of municipal or township officials approving the plat, when such approval is required by state law; and
4. At least one print of the final plat shall be deposited with the County Auditor. This print shall contain the calculated square footage or acreage of all lots and outlots shown on the plat.
(E) Required improvements.
(1) General.
(a) Developer agreement required. Before a final plat is approved by the County Board, except in the case of minor subdivisions wherein the Commission imposes no condition or conditions for the approval of the plat, the subdivider shall execute and submit to the County Board an agreement, which shall be binding on his or hers or their heirs, personal representatives and assigns, stating:
1. The subdivider will develop the subdivision according to the development phases agreed upon by the county and the subdivider; stating specifically the development phases;
2. The subdivider will cause no private construction to be made on the plat or file or cause to be filed any application for permits for such private construction until all improvements required under this ordinance and those denoted on preliminary plat have been made for each development phase;
3. The subdivider will furnish and construct the improvements at his or her sole cost and in accordance with plans and specification of the preliminary plat and of this ordinance;
4. The Board of Commissioners may accept a final plat for recording where the owner and/or developer of the platted subdivision furnished a certified check, surety bond or other method of financial assurance acceptable to the Board of Commissioners, in sufficient amount to cover the construction costs of improvements required by this article, and/or agreed to by the subdivider. All improvements allowed to be deferred in this section shall be completed as specified in subsection (E)(1)(b) below;
5. The subdivider will guarantee completion of the required improvements within two years from the date the final plat was approved by the County Board unless an extension of time is granted by the County Board upon the recommendation of the Planning Commission; and
6. The subdivider agreement shall also be the responsibility party and source of funding to ensure the long-term maintenance of improvements that are not dedicated to the county.
(b) Financial guarantee required.
1. Developers shall be allowed to complete roads and other public improvements prior to recording of the final plat. This work shall be completed within one year of approval of the plat. If the improvements are not completed within a year, the Board of Commissioners may accept a final plat for recording where the owner and/or developer of the platted subdivision furnished a certified check, surety bond or other method of financial assurance acceptable to the Board of Commissioners, in sufficient amount to cover the construction costs of improvements required by this article, and/or agreed to by the subdivider. All improvements allowed to be deferred in this section shall be constructed within two years of approval of the plat, unless an extension of time is applied for and granted by the Planning Commission and Board of Commissioners, as set forth in herein. New or adjusted Engineer’s cost estimates shall be reviewed by the County Engineer to determine whether they adequately reflect current construction costs when extensions of time are requested, or at any other time deemed appropriate by the County Engineer.
2. The subdivider’s engineer of record shall present a final itemized cost estimate for required and proposed improvements to the Planning Department with the final plat. Such engineer’s cost estimate shall be forwarded to the County Engineer for review and verification of costs. If the estimate for required improvements is deemed acceptable, the County Engineer shall certify the amount to the Board of Commissioners.
3. The amount of such certified check or surety bond shall be determined by the County Engineer and the stipulated period covered by such bond shall generally be for a period of one year. In no case, however, shall the period of performance bonds exceed two years.
4. The subdivider may make application for release of portions of his or her performance bond, or other approved method of financial assurance, as required improvements are completed and certified to the County Engineer. Such request and certification shall be by subdivided engineer of record. Application for release of portions of the bonded indebtedness by the engineer of record shall state the extent of construction completed and amount to be released. Certification shall be accomplished via submission of as-built plans and such testing data as required by the County Engineer. Releases shall be in increments approximately equal to 25% of the bonded indebtedness.
(c) Subdivider’s engineer certification of improvements. No final plat shall be approved by the County Board without first receiving a report from the subdivider’s engineer certifying that the improvements described herein, together with the agreements and documents required herein, meet the minimum requirements of all applicable ordinances. A report from the County Engineer shall confirm the subdivider’s engineer’s certification.
(d) County Engineer inspections required. All of the required improvements to be installed under the provisions of this ordinance shall be inspected during the course of the construction by the County Engineer. All of the inspection costs pursuant thereto shall be paid by the subdivider in the manner prescribed in this subsection (E) (Required Improvements).
1. Inspection of improvements. At least ten days prior to commencing construction and at least ten days prior to the completion of construction of required improvements, the subdivider shall notify the Zoning Administrator and the County Engineer in writing of the anticipated commencement and anticipated completion of improvements so that they may cause inspection to be made to assure that all specifications and requirements shall be met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities required. The County Engineer may designate a consulting engineer licensed in the state to complete this work. If a consulting engineer is utilized, all expenses incurred shall be paid by the subdivider.
2. All County Engineer and Zoning Administrator inspections and construction plan reviews shall be at the expense of the subdivider. If the County Engineer and/or County Zoning Administrator finds upon inspection that any of the required improvements have not been constructed in accordance with the county’s construction standards and specifications, the subdivider shall be responsible for completing the improvements. Whenever the cost of improvements is covered by a performance bond or an escrow deposit, the applicant and the bonding company shall be severally and jointly-liable for completing the improvements according to specifications.
(e) Construction plans required. Construction plans for the required improvements conforming to adopted standards of this ordinance shall be prepared at the subdivided expense by a professional engineer. Such plans, together with the quantities of construction materials, shall be submitted to the County Engineer at the direction of the County Board for his or her review and comment. The County Engineer may designate a consulting engineer licensed in the state to complete this work. If a consulting engineer is utilized, all expenses incurred shall be paid by the subdivider. The subdivider shall also pay for the cost of the County Engineer’s review. Upon approval, the plans shall be the basis of the cost portion of the contract described herein. The tracings of the plans reviewed by the County Engineer plus two prints shall be submitted and placed on file with the County Engineer. Plans for the installation of gas and electric facilities shall be submitted to the County Engineer and Zoning Administrator upon their submission and approval by the appropriate utility agencies. The appropriate utility agencies shall have approved the plans prior to the approval of the final plat. Financial arrangements for these facilities shall be between the subdivider and the appropriate utility agency.
(f) Modification of the design of improvements. If at anytime before or during the construction of the required improvements it is demonstrated to the satisfaction of the County Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the County Engineer may, upon approval by the Chairperson of the County Board, authorize modifications provided these modifications are within the spirit and intent of the original approval and do not extend to the waiver or substantial alteration of the function of any improvements required. The County Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Commission and the County Board.
(g) Proper installation of improvements. If the County Engineer and/or County Zoning Administrator shall find, upon inspection of the improvements performed before the expiration date of any performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he or she shall so report to the County Board and Planning Commission. The Zoning Administrator then shall notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the county’s rights under the bond.
(h) Public acceptance of required improvements. Approval by the County Board of a final plat shall not be deemed to constitute or be evidence of any acceptance of any municipality, town, county or the state of any street, required improvement, easement, or other right-of-way shown on such final plat unless specifically so stated on the final plat. The acceptance shall be made by the County Board of a municipality, town, county or state.
(i) Certificate of satisfactory completion. The County Board will not release nor reduce a performance bond until all requirements have been satisfactorily completed. After review and inspection of the required improvements by the County Engineer, the County Board shall require a statement from the subdivider’s engineer certifying that the required improvements are satisfactorily completed. The County Engineer may designate a consulting engineer licensed in the state to complete this work. If a consulting engineer is utilized, all expenses incurred shall be paid by the subdivider.
(j) Maintenance of improvements. A subdivider shall be required to maintain all improvements within the subdivision until acceptance of the improvements by the County Board or affected town board. For improvements not accepted or dedicated to the county, the subdivider shall execute and submit to the County Board an agreement, which shall be binding on the subdivider, the subdivider’s heirs, personal representatives and assigns, which provides for the long-term maintenance of the improvements.
(2) Road and highway improvements.
(a) The full width of the right-of-way shall be graded, including the subgrade of the areas to be paved, in accordance with standards and specifications for road construction as approved by the County Board.
(b) All roads shall be improved with pavement in accordance with the standards and specifications for road construction as approved by the County Board.
(c) All roads to be paved shall be of an overall width in accordance with the standards and specifications for road construction as approved by the County Board.
(d) Storm sewers, culverts, stormwater inlets and other drainage facilities will be required where they are necessary to ensure adequate stormwater drainage for the subdivision. Where required, such drainage facilities shall be constructed in accordance with the standards and specification for road construction as approved by the County Board.
(e) Road signs of the standard design approved by the County Board shall be installed at each street or road intersection at the developer’s expense.
(3) Stormwater management facilities. Every subdivision shall be provided with a stormwater management system adequate to collect and infiltrate or convey all water originating on or flowing across the property without inundating or damaging roads, lots or other property and consistent with the applicant’s NPDES permit and the State Pollution Control Agency’s Stormwater Manual.
(4) Grading, sediment and erosion control. As required by county standards, grading and sediment control plans shall be approved prior to the start of any grading, excavation, fill or other construction activities integral to the development of the subdivision, including roads, drainage ditches, sediment basins and buildings. The sediment and erosion control must be in compliance with the site’s NPDES permit.
(5) Accommodating future public water supply and sewerage facilities.
(a) Where determined appropriate by the Planning Commission, subdivisions shall be designed so as allow for the future installation of community or public water supply and sewerage facilities in the most efficient and economical manner. Utility easements shall be reserved in all locations necessary for the future installations of public water facilities.
(b) Where individual water supply and sewerage is used and future public utilities are designed to be accommodated, the plat shall include a note using language approved by the Planning Commission indicating that such systems are interim and that they shall be discontinued and connection made to public facilities when they become available.
(c) Every subdivision required to accommodate a future community or public water system shall provide an adequate number of appropriately spaced fire hydrants and other necessary fire protection facilities. The source of water supply and quantity and location of the fire hydrants and other fire protection facilities shall be sufficient as required by the city most adjacent to the proposed development.
(6) Public utilities.
(a) All utility lines for telephone and electric service shall be placed in rear line easements when carried on overheard poles.
(b) Where telephone, electric and/or gas service lines are to be placed underground entirely, conduits or cables shall be placed within easements or dedicated public ways, in such a manner so as not to conflict with other underground services. All drainage and other underground utility installations, which traverse privately owned property, shall be protected by easements. If the subdivider successfully obtains a variance, after submitting information to the Board of Zoning Adjustment that such a variance is required, to place utilities outside the public right-of-way, any future relocation of the utility due to road maintenance or construction efforts is the responsibility of the utility company.
(7) Mailboxes. Group, gang mailboxes or neighborhood box units are required for major subdivisions. Their location shall not obstruct vehicle or pedestrian traffic or be located within a roadside ditch; in addition, their location shall be at a place to provide maximum convenience to the postal carrier.
(F) Conservation subdivision.
(1) Purpose. The purposes of the conservation subdivision are:
(a) To implement the goals of the County Comprehensive Plan for protection of natural resources;
(b) To allow development that permanently preserves the open space, agricultural lands, woodlands, wetlands, critical views and other natural features of rural Waseca County;
(c) To allow limited development in rural areas that do not contain natural resources, such as agricultural and forest lands, and significant natural areas;
(d) To allow limited development in areas outside where urban services will not be extended;
(e) To connect open space, trails and recreation sites within the subdivision and to open spaces and recreational facilities of the county;
(f) To allow flexibility in the placement and type of dwelling units within the subdivision;
(g) To reduce the amount of new roads and to allow flexibility in road specifications for roads serving residences in the subdivision; and
(h) To reduce the amount of impervious surfaces in subdivisions, including driveways.
(2) Development standards.
(a) Maximum residential density. The maximum gross density of conservation subdivisions is 16 dwelling units per 40 acres.
(b) Minimum lot size. The average lot size of the conservation subdivision shall be not less than the minimum lot size of the underlying zoning district.
(3) Common open space requirement.
(a) Conservation subdivisions shall identify a conservation theme. Conservation themes may include, but are not limited to: forest preservation; water quality preservation; farmland preservation; or viewshed preservation. The conservation theme should guide the location and use of the designated common open space.
(b) Fifty percent of the total acreage in the application, including developable and undevelopable land, shall be designated as common open space for natural habitat, active or passive recreation and/or conservation or preservation, including conservation for agricultural and forestry uses.
(c) Where possible, designated common open space shall be contiguous with common open space uses on adjacent parcels in order to provide large expanses of common open space.
(d) Common open space in conservation subdivisions shall be physically connected, whenever possible, to adjacent open spaces. Designated public trail systems which abut a conservation subdivision shall be connected through the subdivision.
(e) Access shall be provided to designated active or passive recreation areas or open space or natural areas from one or more streets in the subdivision.
(f) Access will not be required if the common open space is to remain in active agriculture or forestry or if the natural areas contain habitat where public access should be limited.
(g) No more than 50% of the designated common open space shall be wetlands and/or floodplains.
(4) Common open space ownership and management. To ensure the continued existence and functioning of the common open space and the development as a community, the following administrative requirements shall be met.
(a) Generally. There shall be a development organization created and functioning for developments of more than eight lots or dwelling unit lots. Unless an equally effective alternative community framework is approved by the Planning Commission and established, when there is common open space or any other common element, all residential developments of more than eight lots or dwelling unit lots shall include an owners’ association with the following features:
1. Membership shall be mandatory and automatic for each lot or dwelling unit lot owner and any successive owners.
2. Require that each owner in the development have an undivided ownership in the common open space and other common elements.
3. Each member shall pay a pro rata share of the association’s expenses, and unpaid assessments can become liens on units or sites.
4. Assessments shall be adjustable to accommodate changing conditions.
5. The association shall be responsible for insurance, taxes and maintenance of all commonly owned property and facilities, and shall enforce covenants, deed restrictions and easements.
6. The association shall have a long-term management plan for any common open space and shall administer the plan in accordance with the terms of the county’s conservation easement on the common open space.
7. Amendments or revisions to covenants or deed restrictions. Before establishing or recording any common interest community, the developer shall submit documents, including all covenants, conditions, restrictions, easements and operating rules and procedures associated with the development, for review and approval by the Planning Commission pursuant to M.S. § 515B.1-106, as it may be amended from time to time. Such documents shall provide that no amendments or revisions of covenants or deed restrictions may be made unless approved in advance by the Department and the Planning Commission. Any such amendments or revisions made without such approval shall not be effective.
(b) Common open space preservation. A permanent conservation easement to ensure perpetual preservation and maintenance of common open space shall be created and such easement shall not be modified or terminated without approval of the County Board. The form of the easement shall be approved by the county. The instruments of the easement shall incorporate the provisions of this subsection (F)(4) governing common open space, including, without limitation, all of the following protections:
1. Regulate construction impervious surfaces and/or recreation facilities in accordance with the long-term management plan;
2. Prohibit beaching of motorized watercraft when used as an unauthorized mooring space;
3. Prohibit dumping, storage or burning of solid or other wastes;
4. Allow the use of common open space for subsurface sewage treatment systems if other use of the space is restricted to avoid adverse impacts on the sewage treatment system; and
5. Restrict in perpetuity the common open space from further subdivision and/or land development.
(c) Other common elements. Common elements such as areas designated for storage of vehicles and personal property may be designated, provided that open space requirements are met, in accordance with the long-term management plan.
(d) Residential developments of eight or more lots or dwelling unit lots with common open space. The common open space may be retained by the landowner, owners’ association and/or the developer and may be sold to any subsequent landowner, provided:
1. The common open space is surveyed;
2. The common open space remains undivided and is restricted from further development by means of a permanent conservation easement. The permanent conservation easement shall comply with the provisions of subsection (F)(4)(b) above;
3. The landowner, owner’s association and/or the developer shall be responsible for insurance, taxes and maintenance of all common open space, property and facilities, and shall enforce covenants, deed restrictions and easements; and
4. The landowner, owner’s association and/or the developer shall have and administer a long-term management plan for any common open space, property and facilities.
(e) Notice; failure. In the event the person or entity responsible for administration of the long-term management plan fails to administer and perform all or any portion of the plan relating to common open space, the county may serve written notice upon such person or entity setting forth the manner in which the such person or entity has failed to administer and perform the plan. The notice shall set forth the nature of corrections required and a reasonable time within which to complete corrective action. If corrective action is not completed within a reasonable time, the county may, but the county is not required to, assume responsibility for administration and performance of the plan with respect to such failures, and in furtherance of such action the county may enter the premises and take all corrective action as may be reasonable, including extended maintenance. The costs of such corrective action may be charged to the person or entity responsible for administration of the long-term management plan or individual property owners who make up a homeowners’ association and may include administrative costs. The costs shall become a lien upon and assessed against the properties that have the right of enjoyment of the common open space.
(5) Common utilities. Individual well and septic systems are allowed in conservation subdivisions; however, common utilities (shared water and/or sewer or septic systems) are an option. Common utilities shall meet State Pollution Control Agency standards for sewage treatment systems and be approved by the County Public Health Services Department. Communal drainfields for shared septic systems may be partially or completely located in designated open space, provided that:
(a) The dedicated open space parcel containing the communal drainfield is owned in fee by a owner’s association which owns non-open space land within the subdivision and in which membership in the association by all property owners in the subdivision shall be mandatory; or communal drainfields in common open space with conservation easements may be owned by a public or non-profit entity;
(b) The common ownership association is responsible for maintenance and repair of the communal drainfield;
(c) The ground cover is restored to its natural condition after installation;
(d) Recreational uses are prohibited above or within fifty feet of communal drainfields; and
(e) The conservation easement for the dedicated open space parcel describes the location of the communal drainfield.
(6) Lot and building site design. Lots and building sites shall be designed to achieve the following objectives listed in order of priority:
(a) Locating individual and communal septic systems on the most suitable soils for subsurface septic disposal;
(b) Locating lots and building sites on the least fertile soils for agricultural uses, and in a manner which maximizes the usable area remaining for such agricultural use;
(c) Locating building sites within any non-production forest land contained in the lot, or along the edges of open fields adjacent to woodlands only as a means to reduce the impact on agriculture, to provide summer shade and shelter from winter wind, and/or to enable buildings to be visually absorbed by natural landscape features;
(d) Locating building sites in areas least likely to block or interrupt scenic vistas as viewed from roads; and
(e) Locating building sites to minimize the impact of blocks of forest land and to maximize the continuity of forest lands.
(7) Buffer zones. Buffer zones of at least 100 feet shall be required between residential structures and agricultural uses. The buffer areas shall be appropriately planted with native grasses, forbs, shrubs and trees, and/or permanent agriforestry features such as fruit or nut trees, and/or a windbreak. Roads may be substituted for the buffer if the road creates an effective barrier separating yards from agricultural uses as determined by the Zoning Administrator.
(8) Streets. Streets within the conservation subdivision shall be developed according to the following standards that promote road safety, minimize visual impacts and minimize impervious surfaces.
(a) Streets shall be designed to minimize the visual size and scale of the development and help discourage excessive speeds.
(b) Street widths and construction shall conform to the width and standards contained in the street cross section without curb and gutters (or rural cross section) as adopted by the county.
(c) Street surface for local streets within the subdivision may be gravel, or other surface with high permeability, unless the streets are an extension of existing paved roads.
(d) The number of local street intersections with collector and arterial roads should be minimized, however, the applicant must demonstrate that such intersections are adequate, have the capacity to handle traffic generated by the proposed project, and will not endanger the safety of the general public.
(e) If conservation subdivisions abut one another or existing development, direct links should be made to emphasize the connection between existing and new development.
(9) Subdivision process. The subdivision process for a conservation subdivision shall comply with county subdivision procedures and at a minimum shall include the following:
(a) The pre-application meeting with the Zoning Administrator to discuss:
1. The conservation theme;
2. The county design guidelines;
3. Any proposed common ownership plans for land and structures; and
4. Management and ownership of designated open space.
(b) In addition, for sketch plan document requirements for major subdivisions, the sketch plan for a conservation subdivision must include:
1. A mapped resource inventory that includes:
a. Topographic contours at ten-foot intervals; depth to bedrock, and suitability for wastewater disposal systems;
b. Hydrologic characteristics, including surface water bodies, floodplains, wetlands, natural swales and drainageways; and
c. Vegetation present on the site according to cover type (pasture, woodland and the like) and vegetative type (classified as generally deciduous, coniferous or mixed), and described by plant community (such as the State Department of Natural Resources Natural Heritage Community types), relative age and condition, also noting trees with a caliper of more than 18 inches.
2. A site analysis that identifies, precisely locates, and for: a. and b. calculates the acreage of:
a. Primary conservation areas, including protected wetlands, floodplains, natural resource protection zones, steep slopes;
b. Secondary conservation areas;
c. Special views;
d. Connections to adjacent open space;
e. Net developable acreage and allowed gross density as allowed by the base zoning district; and
f. Street and open space concept.
3. Building setbacks;
4. Parcel lines and building placement concepts for residential and accessory buildings;
5. Utility easements; and
6. If applicable, statement of intent to establish a homeowners’ association.
(10) Non-riparian lots. Tier developments shall consider utilization of a common lakeshore area for those lots not having lakeshore frontage. Such areas may be for use only by owners within the subdivision or other means acceptable to the County Board. Road and lot arrangement should meet the provisions of this selection, but also be designed to accommodate the best use of the shoreland to the enjoyment of future residents.
(Ord. 97, passed 7-21-2009; Ord. 123, passed 9-20-2016; Ord. 153, passed 6-6-2023; Ord. 160, passed 2-4-2025)
§ 3.07 CONDITIONAL USE PERMITS.
(A) Purpose. The purpose of this section is to establish application procedures for conditional use permit, standards and criteria applicable to all conditional uses and specific requirements applicable to certain conditional uses.
(B) Application.
(1) Conditional use permits may be issued for any and only the uses or purposes for which such permits are required or permitted by provisions of this ordinance.
(2) Applications for conditional use permits shall be filed with the Zoning Administrator with required fees. The application shall:
(a) Indicate the section of the ordinance under which the conditional use is allowed and the grounds on which the permit is requested;
(b) Describe the site (legal description);
(c) Provide the names and addresses of the applicant, the owner of the site and any architect, professional engineer or contractor employed by the applicant, and the signature of the applicant and the owner;
(d) Be accompanied by a site plan showing such information as is necessary to show compliance with this ordinance, which may include:
1. Site plan drawn at scale showing parcel and building dimensions;
2. Location of all buildings and their square footage;
3. Location of curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks;
4. Landscaping and screening plans;
5. Drainage plan;
6. Sanitary sewer and water plan with estimated use per day;
7. Soil type;
8. In shoreland areas a thorough evaluation of the waterbody and the topographic, vegetation and soils condition on the site must be made to ensure:
a. The prevention of soil erosion and other possible pollution of public waters, both during and after construction;
b. The visibility of structures and other facilities as viewed from public waters is limited;
c. The site is adequate for water supply and on-site sewage treatment; and
d. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
9. A calculation of the amount of impervious surface prior to development and following the proposed development; and
10. Any additional data reasonably required by the Zoning Administrator, Planning Commission or County Board.
(C) Public hearing.
(1) The Planning Commission shall hold at least one public hearing on each application for a conditional use permit prior to any final decision by the County Board. Such public hearings may be continued and additional hearings may be held.
(2) Upon receipt in proper form of the application and other requested material, the Zoning Administrator shall set the date of the public hearing. All such hearings shall be held in a location prescribed by the Planning Commission.
(3) Notice of the time, place and purpose of the public hearing shall be given by publication in a newspaper of general circulation in the town, municipality or other area concerned, and in the official newspaper of the county, at least ten days before the hearing.
(4) Written notice of the time, place and purpose of the public hearing shall be sent to the adjacent property owners at least ten days prior to the hearing. The written notice shall be sent to property owners as follows.
(a) In incorporated areas, to all property owners of record within 500 feet of the affected property.
(b) In unincorporated areas, owners of record within one-quarter mile of the affected property, or to the ten properties nearest the property under consideration, whichever would provide notice to the greatest number of owners.
(c) Written notice shall also be given to the affected board of town supervisors and the municipal council of any municipality within two miles of the affected property.
(5) The current tax records on file in the office of the County Assessor shall be deemed sufficient for notification purposes. The failure of any property owner to receive notification, or defects in the notice, shall not invalidate the proceedings, if a bona fide attempt to comply with this subdivision has been made.
(6) Written notice shall be given to the affected unincorporated areas, the affected board of town supervisors, and the municipal council of any municipality within two miles of the affected property.
(7)
Written notice shall be given to the respective Department of Natural Resources Area Hydrologist at least ten days prior to any hearing dealing with an application for a conditional use permit within a Shoreland Overlay District.
(D) Action and authorization.
(1) Following the closing of the public hearing and the formulation of the Planning Commission’s recommendations, the Zoning Administrator shall report the findings and recommendations of the Planning Commission to the County Board at its next regularly scheduled Board meeting.
(2) The County Board shall approve, deny or return to the Planning Commission the conditional use permit application within 60 days of the receipt of the findings and recommendations of the Planning Commission.
(3) The County Board shall have the option to hold whatever public hearings it deems advisable, and may request that the applicant demonstrate the nature and extent of any adverse effects on the environment, as determined by the Planning Commission.
(4) Approval of a conditional use application shall require a simple majority of County Board members.
(5) The applicant for the conditional use permit shall be notified in writing of the Board’s action by the Zoning Administrator.
(6)
A copy of any conditional use permit issued within a shoreland area shall be forwarded to the respective Department of Natural Resources Area Hydrologist within ten days of the action.
(E) Criteria for granting conditional use permits. The Planning Commission shall not recommend a conditional use permit unless it shall determine the following:
(1) Will the proposed use have an impact (adverse) on the health, safety and general welfare of the occupants in the surrounding neighborhood?
(2) Will the proposed use have an impact (adverse) on traffic conditions including parking?
(3) Are there adequate public utilities, public services, roads and schools to support the proposed use of the property?
(4) Will the proposed use have an effect (adverse) on property values or future development of land in the surrounding neighborhood?
(5) Is the proposed use of the property consistent with the goals and policies adopted in the Comprehensive Plan?
(6) Does the proposed use meet the standards of the zoning ordinance, including that the use is allowed with a conditional use permit in the designated zoning district in which it is proposed?
(7) Will the proposed use have an effect (adverse) on the environment, including pollution and including impacts on groundwater, surface water and surface water runoff, and air quality?
(8) Will the proposed use have an effect (adverse) on existing natural, historic, or scenic views or features in the surrounding neighborhood?
(9)
Are there other provisions within the Unified Development Code, state law or federal law that will impact the approval of the conditional use permit?
(Ord. 97, passed 7-21-2009; Ord. 160, passed 2-4-2025)
§ 3.08 VARIANCES AND APPEALS.
(A) Purpose. The Board of Adjustment shall consider a request for variance from the terms of this ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in practical difficulties, and so that the spirit of the ordinance shall be observed and substantial justice done. No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located.
(B) Application. An applicant shall submit an application for a variance on forms provided by the Planning Department to the Zoning Administrator. A survey of the subject property done by a licensed surveyor shall be required with the application. The application shall be accompanied by the full application fee as established in this ordinance.
(C) Conditions on variances. The Board of Adjustment may impose such conditions, including restrictions and safeguards, upon the property benefitted by the variance as considered necessary to prevent or minimize adverse effects upon other property in the vicinity or upon public facilities and services. Such conditions shall be expressly set forth in the grant of variance. Violation of such conditions shall be a violation of this ordinance.
(D) Relief less than requested. A variance less than or different from the requested may be granted when the record supports the applicant’s right to some relief, but not to the relief requested.
(E) Criteria for granting variances.
(1) Variances shall only be permitted when the applicant establishes that they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the Comprehensive Plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties complying with the official control. As used in connection with a decision as to whether to grant a variance, practical difficulties means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulty.
(2) In order to grant a variance, the Board of Adjustment must find that all of the following criteria are met:
(a) Is the variance request in harmony with the general purposes and intent of the official controls and consistent with the county’s Comprehensive Plan?
(b) Is the property owner proposing to use the property in a reasonable manner not permitted by an official control?
(c) Is the need for the variance due to circumstances unique to the property and not created by the current or prior property owners?
(d) Will the issuance of the variance maintain the essential character of the locality?
(e) Does the need for the variance involve more than economic considerations?
(F) Variance procedure.
(1) An application for a variance shall be filed with the Zoning Administrator, on the appropriate form, with the required fees. The application shall:
(a) Include a legal description of the property;
(b) Include a survey both in paper and electronic form (AutoCAD) completed by a Licensed surveyor in the state that is an accurate plot plan showing the locale, size, shape, height, and use of all existing buildings and all proposed buildings, and the width and depth of existing or proposed yards of the property involved;
(c) Include the signature of the lessee and the owner of the affected property;
(d) Include photographs of the property involved to illustrate the condition of the property; and
(e) State the grounds for the request of a variance.
(2) The Board of Adjustment shall hold at least one public hearing on each application for a variance prior to its final decision. Such public hearing may be continued and additional hearings may be held.
(3) The date of the public hearing shall be set by the Zoning Administrator upon receipt, in proper form, of the application and other requested material.
(4) Notice of the time, place and purpose of the public hearing shall be given by publication in a newspaper of general circulation in the town, municipality, or other area concerned, and in the official newspaper of the county, at least ten days before the hearing. Written notice shall also be given to the affected board of town supervisors and the municipal council of any municipality within two miles of the affected property.
(5) The written notice of the time, place and purpose of the public hearing shall be sent to the adjacent property owners at least ten days prior to the hearing. The written notice shall be sent to all property owners of record within 500 feet of the affected property.
(6) The current tax records on file in the office of the County Assessor shall be deemed sufficient for notification purposes. The failure of any property owner to receive notification, or defects in the notice, shall not invalidate the proceedings, if a bona fide attempt to comply with this subdivision has been made.
(7)
Written notice shall be sent to the respective Department of Natural Resources Area Hydrologist at least ten days prior to any hearing dealing with an application for a variance within a Shoreland Overlay District.
(8) The applicant for a variance, or a representative thereof, must appear before the Board of Adjustment in order to answer questions concerning the requested variance.
(a) The Board of Adjustment and county staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational performance conditions in relation to all pertinent sections of this ordinance.
(b) The applicant for a variance which, in the opinion of the Board of Adjustment, may result in a material adverse affect on the environment may be required by the Board to demonstrate the nature and extent of the affect.
(9) The applicant must make a case for variance criteria listed above and the Board shall consider the criteria when recommending approval of the variance.
(10) The Board of Adjustment shall reach its decision not later than 30 days from the date of the public hearing.
(11) Approval of an application for a variance shall require a simple majority of Board of Adjustment members.
(12) The Board shall put its decision in writing and show the reasons for its decision to either grant or deny the variance, and the conditions imposed on the variance. The applicant for the variance shall be notified in writing of the Board of Adjustment’s action by the Zoning Administrator.
(13) Right to appeal to district court: any aggrieved person or persons, or any department, board or commission of the jurisdiction or of the state shall have the right to make an appeal to the District Court on questions of law and fact. Such appeal shall be made within 30 days after the receipt of the notice of the Board’s decision.
(G) Additional considerations in situations involving after-the-fact variances. In circumstances where a variance is sought to an official control after the work has already been begun or completed in violation of one or more official controls, additional criteria may, in the discretion of the Board of Adjustment, be considered in determining whether to grant or deny the variance request. If the Board of Adjustment finds that all of the criteria set forth in subsection (E)(2)(a) through (e) are met, then the following additional criteria may be considered and weighed by the Board of Adjustment in determining whether to grant or deny the request:
(1) Why did the applicant fail to obtain the required permit or comply with the applicable official control before commencing work? Was there any attempt to comply with the applicable official controls?
(2) Did the applicant make a substantial investment in the property before learning of the failure to comply with the applicable official controls?
(3) Did the applicant complete the work before being informed of the violation of applicable official controls?
(4) Are there similar structures in the area?
(5) Based on all of the facts, does it appear to the Board of Adjustment that the applicant acted in good faith?
(6) Would the benefit to the county appear to be outweighed by the detriment the applicant would suffer if forced to remove the structure?
(H) Administrative appeals; appeal procedure for decisions of the administrative office.
(1) An appeal to the Board of Adjustment may be taken by any aggrieved person or by any officer, department, board or bureau of a town, municipality, county or state affected by any decision of the administrative office.
(2) A notice of appeal specifying the grounds thereof shall be filed with the Zoning Administrator, within 30 calendar days after the date of the officer’s decision. The required filing fee, as determined by the County Board, shall be filed with the notice of appeal.
(3) The Zoning Administrator, after consulting with the Chairperson of the Board of Adjustment, shall fix a reasonable time for the hearing of the appeal by the Board of Adjustment and shall give written notice thereof to the appellant and the officer from whom the appeal is taken at least ten days prior to the hearing.
(4) Notice of the time, place and purpose of the hearing shall also be given by publication in a newspaper of general circulation in the town, municipality or other area concerned, and in the official newspaper of the county, at least ten days before the hearing.
(5) The officer from whom the appeal is taken shall transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken.
(6) Any interested party may appear in person or by agent or by attorney at the hearing.
(7) An appeal stays all proceedings in furtherance of the action appealed from unless the Board of Adjustment to whom the appeal is taken certifies that by reason of the facts stated in the certificate a stay would cause imminent peril to life or property.
(8) The Board of Adjustment may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and to that end shall have all the powers of the officer from whom the appeal was taken and may direct the issuance of a permit.
(9) The reasons for the Board’s decision shall be stated in writing and shall be sent to the appellant and the officer from whom the appeal is taken.
(I) Fees. The application fee for the consideration of an appeal or a variance shall be as established by the County Board by resolution. Any outside costs for consulting services to aid the Board of Adjustment in making its decision on the variance application shall be paid by the applicant. Such fee shall be as determined by the County Board.
(J) Lapse of variance by non-use.
(1) A variance shall become void one year after its issuance by the Board of Adjustment unless it has been used or a petition for an extension of the one-year time limit has been granted.
(2) A violation of any condition set forth in granting a variance shall be a violation of this ordinance and automatically terminates the variance.
(K) Recording.
(1) A certified copy of any order issued by the Board of Adjustment acting upon an appeal from an order, requirement, decision or determination by an administrative official, or a request for a variance shall be filed by the Zoning Administrator with the County Recorder. The order issued by the Board of Adjustment shall include the legal description of the property involved, the owner’s name, and any conditions imposed by the Board of Adjustment.
(2)
A copy of any variance granted for a property located within a Shoreland Overlay District shall be sent to the respective Department of Natural Resources Area Hydrologist within ten days of the final decision.
(Ord. 97, passed 7-21-2009; Ord. 107, passed 11-6-2012; Ord. 123, passed 9-20-2016; Ord. 160, passed 2-4-2025)
§ 3.09 SPECIAL EVENTS PERMIT.
(A) Purpose. The purpose of this section is to regulate events where an assemblage of large numbers of people, in excess of those normally needing the health, sanitary, fire, police, transportation and utility services regularly provided in the county, in order that the health, safety and welfare of all person, residents and visitors alike, may be protected.
(B) Permit required. No person shall permit, maintain promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell or give tickets to a special event for an assemblage of 1,000 or more people which contains or can reasonably be expected to continue for eight or more consecutive hours, whether on public or private property, unless a permit to hold the special event has first been issued by the Board, application for which must be made at least 30 days in advance of the special event. When applying for a special event permit, the permit holder must submit certified copies of other necessary state permits and/or permits to support his or her application. A permit to hold a special event issued to one person shall permit any person to engage in any lawful activity in connection with the holding of the permitted special event.
(C) Permit requirements.
(1) A separate permit shall be required for each day and each location in which 1,000 people shall assemble for such special event or can reasonably be anticipated to assemble. The fee for each permit shall be shall be determined by the County Board.
(2) A permit shall permit the special event to only the maximum number of people stated in the permit. The permit holder shall not sell tickets to nor permit to exhibit at the permitted locations more than the maximum permissible number of people.
(3) The requirement for a special event permit shall not apply to any regularly established, permanent place of worship, stadium, athletic field, arena, auditorium, coliseum, or other similar permanently established place of assembly for special events which do not exceed by more than 250 people the maximum seating capacity of the structure where the special event is held.
(4) The requirement for a special event permit shall not apply to government sponsored fairs held on regularly established fairgrounds and not to special events required to be permitted by other state laws and county regulations.
(D) Conditions for issuing permit. Before the county issues a special event permit, the applicant shall first:
(1) Determine the maximum number of people which will be assembled or admitted to the location of the special event, provided that the maximum number shall not exceed the minimum number which can reasonably assemble at the location of the special event in consideration of the nature of the special event, and provided that where the special event is to continue overnight, the maximum number shall not be more than is allowed to sleep within the boundaries of the exhibit location by county health ordinances, or regulations of the State Department of Health; and
(2) At the time the application is submitted, the permit holder will provide a plan including the provisions herein for operation of the assembly. Ten days prior to the start of the special event, county staff will inspect to determine whether the requirements of these provisions have been met:
(a) If required by the Board, a fence or barrier (sufficient to prevent ingress/exit except at established gates) completely enclosing the proposed location of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the special event grounds, which shall have sufficient entrances and exits to allow easy movement into and out of the special event grounds and provide traffic control onto public roads;
(b) Potable water, meeting all federal and state requirements for sanitary quality, sufficient to provide drinking water for the maximum number of people to be assembled at the rate of at least one gallon per person per day;
(c) Separate enclosed toilets for males and females, meeting all state and local specifications, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled, in accordance with the State Department of Health regulations and standards;
(d) A sanitary method of holding, collecting and disposing of solid waste, in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of people to be assembled;
(e) If required by the Board, physicians and nurses permitted to practice in the state sufficient to provide the average medical care enjoyed by residents of the state for the maximum number of people to be assembled at the rate of at least one physician and nurse for every 5,000 people, together with an enclosed covered structure where treatment may be rendered, containing separately enclosed treatment rooms for each physician, and at least two emergency ambulances with attendants for each 5,000 people;
(f) If the special event is to continue during hours of darkness, illumination sufficient to light the entire area of the special event at the rate of at least five footcandles, but not to shine unreasonably beyond the boundaries of the enclosed location of the special event;
(g)
If the special event is to continue overnight, there shall be camping facilities in compliance with all state requirements, sufficient to provide camping accommodations for the maximum number of people assembled. A valid license issued annually by the Le Sueur-Waseca Community Health Board through the Waseca County Public Health Department and as provided for in M.S. Chapter 327, as it may be amended from time to time, shall be obtained prior to any overnight camping;
(h) If required by the Board, a security plan which will meet the requirements of local authorities; regularly employed off-duty state law enforcement officers or protective agents permitted in the state, sufficient to provide adequate security for the maximum number of people to be assembled; at least one security guard for every 100 people will be provided for the first 1,000 people to assemble; for special events of more than 1,000 people, additional security guards will be provided at the rate of one for each 250 people or major fraction thereof;
(i) If required by the Board, fire protection shall be provided by the permit holder which shall be sufficient to meet all applicable state and laws and local regulations which are in effect, or may be set forth by the Board; and sufficient emergency personnel to efficiently operate the required equipment will be provided by the permit holder, also;
(j) Administrative control center with telephones where county staff can contact the permit holder and law enforcement personnel inside the special event area; and
(k) A bond, filed with the County Clerk or County Auditor, in an amount to be determined by the County Board.
(E) Application.
(1) Application for a permit to hold an actual or anticipated special event to an assembly of 1,000 persons shall be made in writing to the governing body of this political subdivision at least 30 days in advance of such special event.
(2) The application shall contain and disclose:
(a) The name, date of birth, fingerprints, residence and mailing address of the applicant and in the case of a corporation, a certified copy of the articles of incorporation together with the name date of birth and mailing address of each person holding 10% or more of the stock of the corporation;
(b) The address and legal description of all property upon which the special event is to be held, together with the name, residence and mailing address if the record owner(s) of all such property;
(c) Proof of ownership of all property upon which the special event is to be held or a signed statement by the record owner(s) of all such property that the applicant has permission to use such property for an assembly of 1,000 or more persons;
(d) The nature or purpose of the special event;
(e) The total number of days and/or hours during which the special event is to last;
(f) The maximum number of persons which the applicant shall permit to assemble at the special event at any time, not to exceed the maximum number which can reasonably assemble at the location of the special event, in consideration of the nature of the special event, or the maximum number of persons to sleep within the boundaries of the location of the special event;
(g) The maximum number of tickets to be sold, if any;
(h) The plans of the applicant to limit the maximum number of people permitted to assemble;
(i) The plans for fencing the location of the special event and the gates contained in such fence;
(j) The plans for supplying potable water including the source, amount available and location of outlets;
(k) The plans for providing toilet and lavatory facilities including the source, number, and location, type and means of disposing of waste deposited;
(l) The plans for holding, collection and disposing of solid waste material;
(m) The plans to provide for medical facilities including the location and location of a medical structure, the names and addresses and hours of availability of physicians and nurses, and provisions for emergency ambulance service;
(n) The plans, if any, to illuminate the location of the assembly including the source and amount of power and the location of lights;
(o) The plans for parking vehicles including size and location of lots, points of highway access and interior roads including routes between highway access and parking lots;
(p)
The plans for camping facilities, if any, including facilities available and their location must be forwarded to public health for approval;
(q) The plans for security including the number of guards, their employment and their names, addresses, credentials and hours of availability;
(r) The plans for fire protection as may be required by subsection (D)(2)(i) above;
(s) The plans for sound control and sound amplification, if any, including number, location and power of amplifiers and speakers;
(t) The plans for food concessions and concessioners who will be allowed to operate on the grounds including the names and addresses of all concessioners and their permit or permit numbers. Plans must be forwarded to public health for approval;
(u) The plans for area traffic control for egress from and exit onto public roads or highways; and
(v) The application shall include the bond required in § 3.09(D)(2)(k), and the permit fee.
(F) Issuance. The application for a permit shall be processed within 20 days of receipt and shall be issued if all conditions are complied with.
(G) Revocation. The permit may be revoked by the County Board or by county law enforcement, if any of the conditions necessary for the issuing of or contained in the permit are not complied with, or if any condition previously met ceases to be complied with.
(Ord. 97, passed 7-21-2009; Ord. 123, passed 9-20-2016; Ord. 160, passed 2-4-2025)