Subd. 1. Land subdivision is the first step in the process of community development. Once land has been divided into streets, blocks, lots and open spaces, a pattern has been established which determines how well community needs for residence, business and industry will be met. It also determines to a great extent how well the community will be able to handle its traffic circulation problems, how well it will be able to meet the demand for home sites and how efficiently and economically it will be able to provide the many services that are required.

   Subd. 2. After land has been subdivided and publicly recorded, it is very difficult and costly to correct defects and deficiencies in the subdivision layout and in the facilities provided. In addition, a subdivided area sooner or later becomes a public responsibility. The roads and streets must be maintained and various public services customary to urban areas must be provided. The welfare of the entire community is affected in many important respects. The guidance of land development through subdivision regulations is therefore a matter of public concern. It is in the interest of the public, the developer and future owners that subdivisions be conceived and designed and developed in accordance with sound rules and proper minimum standards.

   Subd. 3. These subdivision regulations are designed to provide for harmonious development of the subdivided area; for coordinated layout; for the proper arrangement of streets; for adequate and convenient spaces for traffic, utilities, recreation, light, air and access for fire fighting equipment and for adequate provision of water, drainage, sewer and other sanitary facilities. These regulations shall not apply to land used only for agricultural purposes.

   Subd. 4. Legal authority. This chapter is enacted under the authority of M.S. § 462.358, as amended.

   Subd. 5. Jurisdictional limits. The regulations governing plats and subdivision of land established by this chapter shall apply within the corporate limits of the City of Austin and to the unincorporated area within two miles of its limits, provided that where a municipality lies less than four miles from the limits of the city, this chapter shall apply only to a line equidistant from the city and the municipality, provided that the governing bodies of unincorporated towns adjacent to the city have not adopted ordinances for the regulation of subdivision of land or platting. A copy of the resolution approving subdivision plats of land outside the city but not subject to township subdivision regulations shall be filed with the clerk of the town in which the land is situated.

   Subd. 6. Recording. It is unlawful for any person, being the owner or agent, having control of any land within the incorporated area of the city to subdivide or lay out the land in lots unless by plat in accordance with the regulations contained herein. No plat shall be recorded with the County Recorder and no lot shall be sold from the plat unless approved, as herein required.

(Ord. 699, passed 1-18-22)

   Subd. 1. No final plat of any subdivision shall be approved unless the subdivider shall comply with the following general principles and requirements. All of the improvements required in this chapter shall be constructed only after the plans and specifications thereof have been approved by the appropriate public official.

   Subd. 2. General. The general purpose of a good subdivision and site design is to create a functional and attractive development, to minimize adverse impacts and maintenance costs, and to ensure that a project will be an asset to a community. To promote this purpose, the subdivision or site plan shall conform to the following standards which are designed to result in a well-planned community without adding unnecessarily to development costs. The minimum requirements assure that the layout of the subdivision harmonizes with existing plans affecting the development and its surroundings and are in conformity with the city's development objectives for the entire area. Detailed specifications for the minimum design standards, the engineering standards and adopted comprehensive plan may be obtained from the appropriate department (Engineering, Utilities, Planning or Fire Departments).

   Subd. 3. Thoroughfare plan. Whenever a tract to be subdivided embraces any part of an arterial or collector street or highway, so designated on the thoroughfare plan, the part shall be platted by the subdivider in the location and at the width indicated on the plan.

   Subd. 4. Public facilities plan. Where a proposed park, playground or other recreational area, proposed school site or other public ground, under the adopted comprehensive plan of the city, is located in whole or in part within the proposed subdivision, the proposed public ground or part, if not dedicated to the city, shall be reserved for a period of not less than two years from the date of final approval of the final plat by the Council for acquisition by purchase or otherwise.

   Subd. 5. Park dedication. At the time of filing a tentative subdivision map for approval, the subdivider of the property shall, as part of the filing, indicate whether he or she desires to dedicate property for park or recreation purposes, or whether he or she desires to pay a fee in lieu thereof or a combination of dedication and in-lieu fees. If he or she desires to dedicate land for this purpose, he or she shall designate the area thereof on the tentative subdivision map as submitted.

      A. Action of the city. At the time of tentative map approval by the Council, after consultation with the Director of Parks and Recreation, the Council shall determine, as a part of the approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both. In making this determination, the Council shall include in its consideration the following factors:

         1. The topography, soils, access and location of land in the subdivision available for dedication;

         2. The size and shape of the subdivision and land available for dedication;

         3. How much land consisting of school playgrounds is available for combination with dedicated lands in the formation of local park and recreation facilities; and

         4. The open space or local recreation facilities to be privately owned and maintained by future residents of the subdivision.

      B. Prerequisite for approval of final plat and payment of fees. When land is to be dedicated, it shall be offered for the dedication in substantially the same manner as for streets and easements. When a fee is required, it shall be deposited with the city prior to approval of the final subdivision map. The land and fees shall be held in trust by the city and administered by the Parks and Recreation Department until the Council delegates responsibility to a special district or association.

      C. Amount of land to be dedicated in lieu of fees. Local park or recreational facilities shall be provided for the subdivision through the dedication of lands or the payment of fees in lieu thereof or both under the following conditions and in accord with the following requirements:

         1. In subdivisions having 50 lots or more, the subdivider or owner shall dedicate land for local parks acceptable to the Council (or pay in-lieu fees) according to the following formulas in which:

            a. D1 = number of dwelling units in a single-family area.

            b. Dm = number of dwelling units in a multiple-family area.

            c. A1 = amount of land required for dedication in acres in the single-family area.

            d. Am = amount of land required for dedication in acres in the multiple-family area.

               i. Single-family areas formula: D1 x .008 = A1

               ii. Multiple-family areas formula: Dm x .008 = Am

            e. The factor .008 is the constant determined from an analysis of population trends and studies of the city which when multiplied by the number of dwelling units permitted in the subject area will produce the gross acreage determined by the Council to be the minimum for local parks or recreational purposes to be dedicated.

         2. In a subdivision having less than 50 lots or where the subdivision has 50 lots or more, but the land for local parks or recreational purposes cannot be located within the subdivision or where other more suitable land is available as determined by the Council upon advice of the Director of Parks and Recreation, the subdivider or owner shall pay to the city for use in supplying local park or recreational facilities within the one mile of all lots in the subdivision, a sum calculated pursuant to the following formula in which:

            a. A = amount of land in acres that would be required with the application of the formulas.

            b. V = full cash value for acre of the property to be subdivided as determined by the most recent estimated market value.

            c. M = number of dollars to be paid as the in-lieu fee.

         3. In-lieu fee formula: A x V = M

      D. Dedication of land in subdivision of less than 50 lots. Nothing in this chapter shall prohibit the dedication of land for park and recreational purposes for residential subdivision of less than 50 lots, provided the subdividers and the Council determine that dedication of land is desirable and the land meets the tests prescribed in Subd. 5.A. above.

      E. Credit for open spaces. The Council, after recommendation by the Planning Commission, may grant credit for open space or local recreational facilities to be privately owned and maintained by the future residents of the subdivision. The credit, if granted in acres (or comparable amounts in in-lieu fees), shall be subtracted from the requirements for dedication or fees or both required under Subd. 5.B. above provided:

         1. Yards, court areas, setback and other open areas required to be maintained by other regulations shall not be included in the private open space and recreation credit.

         2. Provision by written agreement is made that the areas shall be maintained adequately.

         3. Use of the private open space or recreation facilities is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract, and which cannot be defeated or eliminated without the consent of the Council. Covenants for private park or recreational facilities which are claimed for credit shall be submitted to the city prior to approval of the final subdivision map, and shall be recorded contemporaneously with the final subdivision map. Land which may be considered by the Council for credit toward required land dedication for local parks or recreation facilities or in-lieu fees includes, but is not to be limited to the following:

            a. Areas of scenic or natural beauty;

            b. Historic sites;

            c. Existing or planned hiking, riding or motorless-type bicycle trails, including pedestrian walkways separated from public roads;

            d. Existing or planned planting strips;

            e. Landscaped portions of road parkways which are in excess of required road right-of-way widths for the road in question;

            f. Lakesides or river beaches;

            g. Private recreational facilities such as golf courses and swimming pools which are available to all of the owners or occupants of the lots located within the subdivision;

            h. In the case of apartment and planning unit developments, open areas on the site of 20,000 square feet or more (exclusive of open areas required to be maintained by other regulations);

            i. Parks and parkway areas, ornamental parks, extensive areas with tree cover, low lands along streams or areas of rough terrain when the areas are extensive and have natural features worthy of scenic preservation; and

            j. Other purpose or purposes recommended by the Council.

      F. Access to public street. All lands offered in dedication for local park or recreational purposes shall have access on at least one existing or proposed public street. This requirement may be waived by the Council if the Council determines that public street access is unnecessary for the maintenance of the park area or use thereof by the residents.

      G. Developed residential areas. When an area is annexed to the city which is developed with residential units, each unit shall be assessed $16 per unit. Where the area contains units which are not developed, the $16 fee is also charged in an assessment against the unit (lot). If an area also contains park land, this will be credited to the parties for part of their payment.

      H. Payments. Any money paid to the city shall be placed in a special fund to be used for the acquisition and maintenance of land parks and playground areas only.

   Subd. 6. Land subject to flooding. The right is reserved to disapprove any subdivision which would be in violation of the Flood Plain Chapter of the City Code.

   Subd. 7. Community assets. In all subdivisions, due regard shall be shown for natural features such as trees, unusual rock formations and water courses; for sites which have historical significance; and for similar assets which, if preserved, will add attractiveness and value to the subdivision and to the community. The Planning Commission may prepare a list of all features within its area of subdivision jurisdiction which it deems worthy of preservation.

   Subd. 8. Monuments and stakes. Concrete monuments or other monuments as approved by the City Engineer shall be set at all corners of the property. Concrete monuments shall be at least 36 inches in length and four inches in diameter or four inches square. The monument must have a one-inch iron pin at least six inches long set flush with the top of the monument.

   Subd. 9. Permanent iron pins at least 24 inches long and three-quarters of an inch in diameter must be set at the corner of all lots.

   Subd. 10. Complete streets. All subdivisions shall be designed with complete streets. Complete streets means a system that provides for pedestrian and motorized and non-motorized transportation; i.e. walking, cars, trucks, bicycles, wheelchairs and similar modes of travel.

   Subd. 11. Appropriate facilities will be determined by the City Engineer and may include shared user paths, dedicated lanes, trails and sidewalks. The transportation system shall connect to adjoining subdivisions and to destinations such as parks, schools, churches, and other public institutions and facilities.

   Subd. 12. Street and block layout. The following requirements are applicable to all subdivisions within the jurisdiction of the Council.

      A. The street layout shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood.

      B. The street layout shall provide access to all lots and parcels of land within the subdivision.

      C. Where appropriate to the design, streets shall be established to avoid jogs at intersections and to promote continuity of local streets and those of higher classification.

      D. Streets shall be established to take advantage of the contour of the land so as to produce usable lots, cause a minimum of cutting and filling, and to produce streets with reasonable grades, as defined in § 11.066, Subd. 15.

      E. Certain proposed streets, where appropriate, shall be extended to the boundary line of the tract to provide for adequate circulation of traffic within the vicinity.

      F. Streets shall intersect other streets as near to a 90-degree angle as topography and other factors permit. Intersections of streets with arterial or collector streets shall be limited to a minimum angle of 70 degrees unless specifically approved by the Council.

      G. Whenever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision which conforms to the thoroughfare plan, the remainder of the street or alley shall be platted to the prescribed width within the proposed subdivision.

      H. Street and right-of-way widths shall conform to those stated in § 11.066, Subd. 13.

      I. Alleys shall be platted in the rear of all lots to be used for business unless waived by the Council. Alleys will not be approved in other locations in residential areas unless required by unusual topography or other exceptional conditions.

      J. Lands abutting arterial or collector streets shall be platted with the view of making the lots, if for residential use, desirable for the use by cushioning the impact of heavy traffic on the traffic ways; and with the view also of minimizing interference with traffic on the traffic ways as well as the accident hazard.

      K. In any block which is excessive in length, the Council may require that a crosswalk or pedestrian way be provided near the center and entirely across the block.

      L. The number of intersecting streets along arterial and collector streets shall be held to a minimum, and where practicable, the length of the blocks may be specified by the Planning Commission and Council.

      M. Maximum length of cul-de-sac streets shall be 500 feet measured along the centerline from the intersection of origin to the end of right-of-way, and have a minimum turn-around radius of 45 feet. Lot lines abutting cul-de-sac turn-around shall be radial except in extreme cases where special permission may be granted otherwise.

   Subd. 13. Minimum widths for streets and alley right-of-way. The following requirements are applicable to all subdivisions within the jurisdiction of the Council:

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

 

 

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

         2. Alternate street standards may be allowed when it can be demonstrated that the safety and function of the street system will not be adversely impacted by the alternative standards and that the development will be attractive and can be accommodated by the street system.

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

   Subd. 14. Minimum pavement widths and surface type.

      A. The following requirements are applicable to all subdivisions within the jurisdiction of the Council:

      B. Street pavement. New developments will require paved streets. The design of street pavement for all streets covered by this regulation must be in accordance with the State of Minnesota Highway Department Road Design Manual for flexible or rigid pavements. The design thickness of the surfacing elements must be in accordance with the flexible or rigid pavement design standards for road classifications as follows:

 

 

   Subd. 15. Street grade, curbs and sight distances. The following requirements are applicable to all subdivisions within the jurisdiction of the Council. The subdivider shall meet with the City Engineer to receive preliminary approval of all street grades and alignments and intersection designs.

      A. Lots. The following requirements are applicable to all subdivisions within the jurisdiction of the Council.

         1. The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated.

         2. Excessive depth in relation to widths shall be avoided. A proportion of not more than three to one normally shall be considered appropriate.

         3. Every lot shall abut on a street. Lots for residential purposes shall meet the size requirements of the Zoning Chapter and also the requirements relative to building setback and side yard requirements.

         4. Corner lots for residential use shall be platted at least five feet wider than interior lots in order to permit conformance with the setback required by the Zoning Chapter on the side streets.

         5. Residential lots fronting on arterial and collector streets should have extra depths to permit deep setbacks for the buildings.

         6. Double frontage lots and reversed frontage lots shall not be platted, except as hereinbefore permitted under § 11.066, Subd. 12.

      B. Utilities and drainage. The following requirements are applicable to all subdivisions within the jurisdiction of the Council.

         1. Water lines. Water line requirements shall be arranged for with Austin Utilities and installed under their current rules and practices. However, the developer shall provide for bringing water taps to the edge of the property lines or the outside edge of the right-of-way of each platted lot. The number and location of all fire hydrants shall be under the direction of the Chief of the Fire Department and installed by Austin Utilities.

         2. Natural gas lines. Natural gas lines, mains and services shall be arranged for with Austin Utilities and installed under their current rules and practices.

         3. Underground wiring. The installation of all wiring (electrical, telephone and the like) shall be underground in all new subdivisions. The installation shall conform to the standards established by Austin Utilities and Northwestern Bell Telephone Company.

         4. Sanitary sewers. Sanitary sewers and lift stations shall be in accordance with the standards of the city. The developer shall provide for bringing sanitary sewer taps to the edge of the property line or the outside edge of the right-of-way of each platted lot. Assessment for sanitary sewers and lift stations will be determined by the Council.

         5. Storm drainage. All necessary facilities including underground pipe, manholes, inlets, catch basins and other appurtenances necessary to provide adequate drainage for the property or to maintain any natural drainage course shall be the responsibility of the developer. Open drainage ditches may be permitted where, in the judgment of the Council, conditions are such as to require a storm sewer and where the open ditches will not in the judgment of the City Sanitarian result in health hazards.

      C. Curb and gutter. Concrete curb and gutter may be included as a part of the required street surface improvement and shall thus be designed for installation along both sides of all roadways in accordance with the standards of the city.

   Subd. 16. Sidewalks. The developer must create a pedestrian access plan with off-road pedestrian facilities. The plans shall include a combination of sidewalks and trails meeting the following minimum standards:

 

 

      A. Sidewalks/trails are required on all local, collector, or through streets unless an alternative location is approved by the City Council with recommendations from the Planning Commission. Sidewalks and trails must be placed in a public right-of-way or utility easement and must meet all ADA requirements.

      B. Sidewalk and trail thickness shall be in accordance with city standards.

   Subd. 17. Driveways. The subdivider shall install driveway approaches for each connection to the street.

   Subd. 18. Street trees. Any trees or shrubs proposed to be installed on the street right-of-way by the subdivider or developer shall be approved for type and placement by the Park and Recreation Department.

   Subd. 19. Screen planting. The Council may require the installation of trees and shrubs to form a tight screen effective at all times along the rear line of any lot in the subdivision which backs onto an arterial or collector street.

   Subd. 20. Street name signs. Reflectorized street name signs shall be provided by the city at all street intersections or where a change of direction of a street requires a change of street name.

   Subd. 21. Sediment control. Sediment and erosion control plans shall be approved by the City Engineer.

   Subd. 22. Lighting. A street lighting plan must be submitted to the City Engineer for approval. The lighting plan shall accommodate safe travel and preserve the character of the neighborhood. Street lights are required and pole design must comply with city specifications.

(Ord. 699, passed 1-18-22)

   Subd. 1. Conveyance by metes and bounds.

      A. No conveyance of land by metes and bounds description, reference to an unapproved registered land survey, or to an unapproved plat shall be made or recorded after the effective date of this chapter unless:

      B. The legal description for the parcel was of record before the effective date of this chapter;

      C. The parcel existed as a separate tax parcel before the effective date of this chapter;

      D. The parcel meets the minimum lot standards in their zoning district.

   Subd. 2. Large subdivisions.

      A. The general principles of design and minimum requirements for the layout of subdivisions set forth in this chapter, may be varied by the Council in the case of a subdivision large enough to constitute a more or less self-contained neighborhood, such as planned unit development (PUD), which is to be developed in accordance with the comprehensive plan, safeguarded by appropriate restrictions which, in the judgment of the Council, makes adequate provisions for all necessary requirements.

      B. However, the applicable regulations of this chapter must be followed.

   Subd. 3. Unusual physical conditions.

      A. In any particular case where the subdivider can show that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirements of these regulations would cause unusual difficulty or exceptional and undue hardship, the Council may relax requirements to the extent deemed just and proper, so as to relieve the difficulty or hardship, provided that the relief may be granted without detriment to the public good and without impairing the intent and purposes of these regulations and the desirable general development of the neighborhood and the community in accordance with the comprehensive plan and the zoning chapter.

      B. Any modification thus granted shall be entered in the minutes of the Council setting forth the reasons which, in the opinion of the Council, justified the modification.

(Ord. 699, passed 1-18-22)

   Subd. 1. Supervisor of Plats. The City Planner is hereby designated as the Supervisor of Plats. The Planning Commission shall provide the necessary technical assistance to the Supervisor of Plats in checking and reviewing all subdivisions that are submitted for his or her review.

      Subd. 2. No plat or survey of any subdivision shall be entitled to be recorded in the office of the County Recorder or shall have any validity until it has been approved by the Council in the manner described herein. It is unlawful for the owner or the agent of the owner to transfer or sell any land by reference to or by other use of a plat or description unless the plat has been approved by the Council, as required herein.

      Subd. 3. Whenever any subdivision of land is proposed to be made, and before any contract for the sale of, or any offer to sell any lots in a subdivision or any part thereof is made, the subdivider or his or her duly authorized agent shall apply, in writing, for approval of the proposed subdivision in accordance with the following procedures:

      Subd. 4. Advisory meeting with City Planner. Before preparing a preliminary plat and submitting it to the Planning Commission for review and their comment, the subdivider should meet and consult informally with the City Planner for the purpose of ascertaining the locations of proposed major streets, parks, playgrounds, school sites and other planned projects which may affect the property being considered for subdivision. At the same meeting, the subdivider should review with the City Planner the minimum standards of subdivision design set forth herein. This informal review should prevent unnecessary and costly revisions in the layout and development of the subdivision. Formal application or filing of a plat with the Planning Commission is not required for this informal advisory meeting.

(Ord. 699, passed 1-18-22)

   Subd. 1. Purpose. The purpose of this chapter is to allow owners of certain properties to divide those properties into parcels smaller than five acres without going through the subdivision process as described in this chapter.

   Subd. 2. Lot split criteria. An administrative lot split shall meet the following criteria.

      A. Only parcels that are part of an existing plat can be administratively split.

      B. The division involves the creation of no more than a total of three new and residual parcels from a legally recorded original parcel.

      C. All new parcels shall have the minimum frontage required on a public street, designated private street or designated private way.

      D. The parcels must meet the minimum standards for lot width and area in their zoning district.

   Subd. 3. Dedication of street and public utility easements. If public street or utility easements are required, the owner will be required to plat the property.

   Subd. 4. Applications. An application must include the following:

      A. Signed application;

      B. Legal description and certificate of survey of the land to be split or conveyed by a licensed land surveyor showing all new parcels; and

      C. A completed county combination form.

   Subd. 5. Filing fee. A filing fee as established by the City Council shall accompany all applications for administrative lot split or conveyance for approval.

   Subd. 6. Building permits. No building permits shall be issued by a governing official for the construction of any building, structure or improvement on any land without a copy of the recorded survey or plat and all requirements of this chapter have been fully complied with.

   Subd. 7. Review. Applications for administrative lot split and conveyance shall be submitted to the Zoning Administrator or designee and will be reviewed by the City Engineer, utilities, and other city staff as needed to determine if additional easements are necessary. Approval or denial of an application will be in writing. In order to receive final approval of the application, the County Recorder shall record an original of the certificate of survey and a copy of the recorded survey submitted to the city.

   Subd. 8. Appeals. All appeals of the decisions of the Zoning Administrator or designee regarding this chapter shall be made directly to the Board of Adjustment. Appeals must be filed within ten days of the date of the decision of the Zoning Administrator. The Board shall hold a public hearing within 60 days of the hearing. The decision of the Board of Adjustment shall be final.

(Ord. 699, passed 1-18-22)

   Subd. 1. Procedure.

      A. Application for a minor subdivision within the current city boundaries or within two mile extraterritorial jurisdiction will be submitted to the city.

      B. If the Zoning Administrator or designee determines that approval of the minor subdivision will not interfere with the intent and purpose of this chapter, he or she shall approve the application. If the Zoning Administrator or designee determines that the application would interfere with the intent and purpose of this chapter, the application shall be forwarded to the Board of Adjustment for its consideration.

      C. The minor subdivision shall be submitted to the City Council for final action. If approved by Council, the applicant shall provide a copy of the minor subdivision to the city and then shall record it with the county. If the plat is not filed within 60 days of approval, it shall become null and void.

   Subd. 2. Exhibits to accompany application:

      A. A completed application;

      B. Application fee; and

      C. One 11-inch by 17-inch copy and a digital PDF image of a minor subdivision including all information required for a final plat as described in the Manual of Guidelines for Platting in Minnesota and shall be prepared by a licensed land surveyor and required by the Mower County Recorder's office.

   Subd. 3. Criteria.

      A. Shall contain no more than five lots;

      B. The subdivision cannot involve the construction of any public right-of-way or public utilities other than the standard required easements of platted lots and future easement corridors;

      C. Does not impair access from the subject properties or any adjacent properties;

      D. Does not violate any local, state or federal adopted law, ordinance, regulation, plan or policy; and

      E. The final plat shall be prepared by a land surveyor licensed in the state. Prepared plats shall comply with M.S. Ch. 505 and M.S. § 462.358, as they may be amended from time to time, and the platting standards as adopted by the state's Association of County Surveyors as administered by the County Surveyor, who shall check the final plat before recording.

(Ord. 699, passed 1-18-22)

   After meeting informally with the City Planner, the subdivider shall cause to be prepared a preliminary plat prior to the making of any street improvements or the installation of any utilities.

   Subd. 1. Preliminary plat data. The preliminary plat shall meet the standards of design as set forth in this chapter and shall show the following information:

      A. Scale of 100 feet to one inch or larger;

      B. Name of subdivision, name and address of the owners, the engineer or surveyor;

      C. Location of subdivision by section, town, range or other legal description together with small scale sketch showing location within the section;

      D. Date, approximate N point and graphic scale;

      E. Acreage of land to be subdivided;

      F. Boundary lines of area to be subdivided and their bearings and distances;

      G. Existing and proposed utility and scenic or conservation easements and their locations, widths and distances;

      H. Streets on and adjacent to the tract and their names, widths, approximate grades and other dimensions as may be required;

      I. Utilities on and adjacent to the tract showing proposed connections to the existing utilities systems (Easements for public utility poles and wires shall be provided wherever necessary. These easements for public utilities shall be at least 15 feet wide and shall be centered on the lot lines).

      J. Lot lines and lot numbers;

      K. Sites and their acreages, if any, to be reserved or dedicated for parks, playgrounds, schools or other public uses and sites, if any, for semi-public, commercial or multi-family uses;

      L. Location of railroads, drainage courses, permanent buildings or other structures and wooded areas;

      M. Water elevation of adjoining lakes, rivers and streams at date of survey and their approximate high and low water elevations (All elevations shall be mean sea level or some other assumed markable datum. When the subdivision borders a lake, river or stream, the distance and bearings of a meander line shall be established five feet above the required high water elevation of the lake, river or stream).

      N. Other reasonable information, such as soil boring if so requested by the City Planner in order to make a proper review of the site;

      O. Copies of proposed deed restrictions, if any, shall be attached to the preliminary plat;

      P. A tree location plan appended to the preliminary plat drawn to a scale of 100 feet to one inch or larger showing all existing trees eight inches in diameter or larger measured 54 inches above the ground by location, size and species which are within the area to be platted; and (Indicate on plan those trees that are proposed to be removed.)

      Q. Delineate flood hazard areas, including floodway and flood fringe lines.

   Subd. 2. Preliminary plat procedure.

      A. Electronic copies in PDF format of the preliminary plat and supplementary material specified shall be submitted to the City Planner's office with a written application for conditional approval at least 30 days prior to a regularly scheduled meeting of the Planning Commission.

      B. The City Planner shall submit PDF copies of the preliminary plat to the Austin Utilities, the Fire Department, the City Engineer, the Park and Recreation Department and the Austin Utilities Company. Each of the above shall return a copy of the preliminary plat with appropriate notations and comments regarding their review and recommendations to the City Planner within ten days after receipt of the preliminary plat. At least 30 days prior to taking final action on a preliminary plat, the City Planner shall send the proposed preliminary plat to the Commissioner of Transportation for review if the plat includes or borders on a trunk highway. Within five days after receiving a preliminary plat that includes or borders on an existing or proposed county road, the City Planner shall submit it to the County Engineer for review.

      C. The preliminary plat shall receive the approval of the City Engineer prior to the public hearing by the Planning Commission.

      D. The City Planner shall notify the subdivider of the time and place of the public hearing not less than five days before the date fixed for the public hearing before the Planning Commission.

      E. A public hearing shall be held thereon after notice of the time and place thereof has been published once in the official newspaper at least ten days before the day of the hearing. Within 30 days after the public hearing on the preliminary plat, the Planning Commission shall approve, disapprove or approve subject to modifications the plat. If a plat is disapproved, reasons for the disapproval will be stated in writing. If approval is subject to modifications, the nature of the required modifications shall be indicated in writing. Preliminary plats and specific conditions of approval of the plats by the Planning Commission shall be reviewed by the Mayor and the Council for their approval.

      F. After review and recommendation of the preliminary plat by the Planning Commission, the preliminary plat approval shall be considered by the Council. Failure of the Council to act on the preliminary plat request within 60 days from the date of the public hearing before the Planning Commission shall be deemed approval of the preliminary plat. If a plat is disapproved, reasons for the disapproval will be stated in writing. If the preliminary plat was sent to the Commissioner of Transportation or the County Engineer for review and recommendations were made, within ten days after approval of the preliminary plat, the County Board explaining how the comments and recommendations have been met.

      G. Approval of the preliminary plat shall not constitute acceptance of the final plat. The approval of the preliminary plat shall lapse unless a final plat based thereon is submitted within one year from the date of the approval. An extension of time may be applied for by the subdivider and granted by the Planning Commission.

   Subd. 3. Subdivision of a portion of a larger tract. Whenever part of a tract is proposed to be subdivided and it is intended to subdivide additional parts of the tract in the future, a sketch plan for the entire tract shall be submitted to the Planning Commission at the time the preliminary plat for the first part of the tract to be platted is submitted.

(Ord. 699, passed 1-18-22)

   The final plat, when submitted to the Council, shall conform substantially to the preliminary plat as approved and it may constitute only a portion of the preliminary plat which the subdivider proposed to record and develop. A public hearing shall be held thereon after notice of the time and place thereof has been published once in the official newspaper at least ten days before the day of the hearing. At the hearing, all persons interested in the plat shall be heard and the platting authority may thereafter approve or disapprove the plat, but failure of the platting authority to act on the application within 60 days is deemed approval.

   Subd. 1. Final plat data. The final plat shall give the following information:

      A. All plats shall be 20 inches by 30 inches by 40 inches with a one-half inch border on top border and on the right-hand side; (A two-inch border shall be left on the left-hand side.)

      B. Date, title, name and location of subdivision, graphic scale and true N line;

      C. All dimensions, angles, bearings and similar data on the plat shall be tied to primary control points; (Locations and descriptions of the control points shall be given. Except where deemed clearly unreasonable or infeasible by the Planning Commission, these control points shall be the located section corners of the state.)

      D. Name and right-of-way width of each street, easement or other rights-of-way;

      E. Lot numbers, lot lines and frontage dimensions;

      F. Purpose of which sites, other than residential lots, are dedicated or reserved;

      G. Location and description of monuments;

      H. Names and location of adjoining subdivision and streets and the location of adjoining unplatted properties;

      I. Certification on plat of title showing surveyor's certificate with signature and dedication certificate;

      J. All plats and surveys shall be prepared in accordance with M.S. §§ 505.02, 505.03, 505.04 and 505.08, as they may be amended from time to time;

      K. The Council may require that, in lieu of the completion of the work before the final approval of the plat, the governing body or platting authority may accept or require a contract secured by a cash deposit, certified check or a bond in an amount and with surety and conditions satisfactory to it, to assure the city that the improvements and utilities will be actually constructed and installed according to the specifications approved by the governing body or platting authority as expressed in the contract; and the city may enforce the contracts by appropriate legal and equitable remedies; (Payment to the Austin Utilities for utility extensions of water, natural gas and electricity shall be made to Austin Utilities prior to the extension of these utilities. The City Engineer will provide the engineering for sanitary sewer, storm sewer, streets, curb and gutter, with the sole exception of street grades, which must be provided by the developer, subject to approval by the City Engineer. Contracts for the above may be let by the Council or subdivider. Engineering and installation of water, natural gas and electricity, whether by utility crews or contractors, will be arranged for and be under the direction of the Austin Utilities. If requested to do so by the Austin Utilities, the developer will bring streets and boulevards to within six inches of finish grade before utilities are installed.)

      L. Protective covenants shall either be placed directly on the final plat or attached thereto in form for recording; and

      M. Delineate flood hazard area, including floodway and flood fringe lines.

   Subd. 2. Final plat procedure. Electronic copies in a PDF format of the final plat together with any street profiles or other plans that may be required shall be submitted to the City Planner by the subdivider at least 20 days prior to the meeting at which it is to be reviewed. The plats shall be as follows:

      A. One copy of the final plat shall be forwarded to the City Engineer, who will review it for compliance with the City Code. The City Engineer shall send a letter to the City Planner with his or her comments on the final plat.

      B. After the appropriate preliminary plat has been approved, the Council shall approve or disapprove the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Council.

      C. When the final plat has been approved by the Council, the City Recorder shall file with the County Recorder the approved final plat as the official plat of record and one copy shall be returned to the subdivider.

(Ord. 699, passed 1-18-22)