This chapter is established to provide for the orderly, economic, and safe development of land and urban services and facilities, and to promote the public health, safety, and general welfare of the community by establishing physical standards, design requirements, procedures for the subdivision of land, and requirements which will allow flexibility in the design of subdivisions.

(Ord. No. 99-20, § 1, 11-23-99)

The regulations governing plats and subdivision of land established by this ordinance shall apply within the corporate limits of the City of Faribault and to the unincorporated area within two (2) miles of its limits, as provided for under Minnesota Statutes, Section 462.358.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. The regulations established by this chapter shall apply to any division of a parcel of land into two (2) or more parcels by platting, conveyance, registered land survey, or other means, and the combination of any two (2) or more such adjoining parcels. Platting shall be deemed to include townhouse development, planned unit developments, and any building, common area or land coming within the purview of the Minnesota Condominium Act and the Minnesota Common Interest Ownership Act. No subdivision or conveyance of land shall be entitled to be recorded in the Rice County Recorder's Office or have any validity until all requirements of this chapter have been satisfied.

(B)

Restrictions on filing and recording conveyances. No conveyance of land described by metes and bounds, by reference to an unapproved registered land survey, or to an unapproved plat shall be made or recorded unless the parcel described in the conveyance meets one of the criteria listed below. Property that cannot be conveyed under the provisions shown below may only be conveyed as part of a subdivision conforming to the requirements established in the remainder this chapter.

(1)

The land was a separate parcel of record on or before August 4, 1972, or was the subject of a written agreement to convey entered into prior to said date.

(2)

The land was a separate parcel of not less than five (5) acres in area or three hundred (300) feet in width on or before July 1, 1980.

(3)

The land is a single parcel of commercial or industrial land of not less than five (5) acres and having a width of not less than three hundred (300) feet and its conveyance will not result in the division of land into two (2) or more parcels, either of which is less than five (5) acres in area and three hundred (300) feet in width.

(4)

The land is a single parcel of residential or agricultural land of not less than twenty (20) acres and having a width of not less than five hundred (500) feet and its conveyance will not result in the division of land into two (2) or more parcels, either of which is less than twenty (20) acres in area and five hundred (500) feet in width.

(C)

Building permits. No permit will be issued for the construction of any building, structure, or improvement to or on any land within a subdivision or which is the subject of a conveyance unless the subdivision or conveyance complies with all applicable requirements of this chapter and pertinent Minnesota Statutes. Additionally, building permits are not to be issued for properties that are platted as outlots.

(D)

Variances. A request to vary from the regulations set forth in this chapter shall be processed and reviewed under the procedures established in Sections 2-420 through 2-480.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2011-13, 9-13-11)

This section is established to provide for administrative approval of subdivisions that meet specified criteria and for the waiver of standard platting requirements specified elsewhere in this chapter. It is intended largely to facilitate the further division of previously platted lots, the combination of previously platted lots into fewer lots, or for the adjustment of a lot line by relocation of a common boundary.

(Ord. No. 99-20, § 1, 11-23-99)

Any person having a legal or equitable interest in a property may file an application for minor subdivision. An application for minor subdivision shall be filed with the City Planner on an approved form and shall be accompanied by an accurate boundary survey and legal description of the parent parcel and a survey and legal description identifying the resulting parcels after subdivision.

(Ord. No. 99-20, § 1, 11-23-99)

The City Planner shall review all applications for minor subdivision to determine compliance with the standards identified in this section and all other pertinent requirements of this ordinance. Upon written approval of the request by the City Administrator, the applicant shall be responsible for filing the subdivision survey with the Rice County Recorder's office. Should the request be denied, the City Planner shall notify the applicant, in writing, of the reasons for such denial. Any appeal of staff's decision shall be made to the Planning Commission as specified in Sections 2-110 through 2-130.

(Ord. No. 99-20, § 1, 11-23-99)

In order for the City Planner to grant administrative approval for a proposed minor subdivision, each of the provisions shown below must be met:

(1)

The proposed subdivision of land will not result in more than three (3) lots.

(2)

All necessary utility and drainage easements are provided for.

(3)

All lots to be created by the subdivision conform to lot area and width requirements established for the zoning district in which the property is located.

(4)

The subdivision does not require dedication of public right-of-way for the purpose of gaining access to the property.

(5)

The property has not been divided through the provisions of this section within the previous five (5) years.

(6)

The subdivision meets all design standards as specified elsewhere in this chapter.

(Ord. No. 99-20, § 1, 11-23-99)

Staff may impose such conditions on any proposed minor subdivision that are deemed reasonable and necessary to protect the public interest and to ensure compliance with the provisions of this ordinance including, but not limited to, the following:

(1)

The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording written easements with the Rice County Recorder's Office; and

(2)

The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivision, except when such fees have been applied to the property as part of a previous subdivision.

(Ord. No. 99-20, § 1, 11-23-99)

Preliminary plats are intended to illustrate proposed subdivision of properties within the city. Such approval shall be required for all subdivisions of land not specifically exempted elsewhere in this chapter. Approval of a preliminary plat does not constitute an acceptance of the subdivision, but rather is deemed an authorization to proceed with the final plat.

(Ord. No. 99-20, § 1, 11-23-99)

Any person having a legal or equitable interest in a property may file an application for a preliminary plat. An application for a preliminary plat shall be filed with planning and zoning staff on an approved form and shall be accompanied by five (5) copies of the preliminary plat along with any other information required by planning and zoning staff in support of the application.

(Ord. No. 99-20, § 1, 11-23-99)

The Planning Commission shall hold a public hearing on each complete application for preliminary plat approval, as provided in Section 2-100. After the close of the hearing on a proposed preliminary plat, the Planning Commission shall make findings and submit these, together with a recommendation, to the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

The City Council shall make the final decision regarding all applications for preliminary plat approval. Approval shall require a majority vote by the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

The Planning Commission and City Council shall make each of the following findings before granting preliminary plat approval:

(1)

The proposed preliminary plat conforms with the requirements of this chapter, the applicable zoning district regulations, and any other applicable provisions of this ordinance, subject only to acceptable rule exceptions.

(2)

The proposed subdivision is consistent with the city's Land Use Plan and any other adopted land use studies.

(3)

The plat contains a sound, well-conceived parcel and land subdivision layout that is consistent with good land planning and site engineering design principles.

(4)

The spacing and design of proposed curb cuts and intersection locations is consistent with good traffic engineering design and public safety considerations.

(5)

All submission requirements have been satisfied.

(Ord. No. 99-20, § 1, 11-23-99)

An approved preliminary plat shall be valid for a period not to exceed one (1) year from the date of approval by the City Council. In the event that a final plat is not submitted within such time, the preliminary plat will become void.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. In order to insure that all applicants are informed of the procedural requirements and minimum standards of this chapter and the requirements or limitations imposed by other city code provisions or plans, all applicants shall present a sketch plan to the City Planner for review prior to submittal of a preliminary plat. Review of the sketch plan further provides staff the opportunity to determine whether the proposed subdivision is premature, based upon criteria established in Section 15-240.

(B)

Required information. To facilitate initial review by city staff, the sketch plan shall include the following minimum information:

(1)

Plat boundary.

(2)

North arrow.

(3)

Scale.

(4)

Street layout on and adjacent to plat.

(5)

Designation of land use and current or proposed zoning.

(6)

Significant topographical or physical features.

(7)

General lot locations and layout.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. Once a sketch plan has been reviewed by the City Planner, the applicant may submit a request for preliminary plat approval as provided for in Section 15-100.

(B)

Required information and contents. The preliminary plat, at a minimum, shall contain the information identified below unless specifically waived by the City Planner prior to submittal:

(1)

Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions.

(2)

Location of boundary lines in relation to known section, quarter-section or quarter-quarter section lines comprising a legal description of the property.

(3)

Vicinity sketch, at a legible scale, illustrating the relation of the plat to its surroundings.

(4)

Names and addresses of all persons having property interest, the developer, designer, and surveyor together with his registration number.

(5)

Graphic scale of plat, not less than one (1) inch to one hundred (100) feet.

(6)

Data and north arrow.

(7)

Boundary line and total acreage of proposed plat, clearly indicated.

(8)

Existing zoning classifications for land within and abutting the subdivision and any proposed zoning changes associated with the proposed plat.

(9)

Location, widths, and names of all existing or previously platted streets or other public ways, showing type, width, and condition of improvements, if any, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the tract and to a distance of one hundred (100) feet beyond the tract.

(10)

Location and size of existing sewers, water mains, culverts, or other underground facilities within the tract and to a distance of one hundred (100) feet beyond the tract. Such data as grades, invert elevations, and locations of catch basins, manholes and hydrants shall also be shown.

(11)

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

(12)

Topographic data of the site and area within one hundred (100) feet, including contours at vertical intervals of not more than two (2) feet. Watercourses, floodplain areas, wetlands, rock outcrops, power transmission poles and lines, and other significant features shall also be shown.

(13)

Layout of proposed streets showing the right-of-way widths, centerline gradients, typical cross-sections, and proposed names of streets.

(14)

Locations and widths of proposed alleys and pedestrian ways.

(15)

Locations and size of proposed sewer lines and water mains.

(16)

Location, dimension, and purpose of all easements.

(17)

Layout, numbers, lot areas, and preliminary dimensions of lots and blocks.

(18)

Minimum front and side street building setback lines.

(19)

When lots are located on a curve, the width of the lot at the building setback line.

(20)

Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres.

(C)

Required supplemental information. Any or all of the supplementary information requirements listed below shall be submitted when deemed necessary by city staff, consultants, advisory bodies or the City Council:

(1)

Proposed protective covenants or restrictions.

(2)

A grading plan to indicate the approximate gradients of streets and lots, proposed grading and drainage of the site, and the anticipated garage floor or basement elevations of all structures.

(3)

Preliminary storm water plans including the location of culverts, bridges, underground pipe, improved channels, and natural waterways. Hydrologic calculations shall be based upon a 50-year standard as stipulated by the City Engineer.

(4)

An accurate soil survey of the subdivision prepared by a qualified person.

(5)

A survey prepared by a qualified person identifying tree coverage in the proposed subdivision in terms of type, weakness, maturity, potential hazard, infestation, vigor, density, and spacing.

(6)

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

(7)

If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any rights in the applicant.

(8)

Provision for surface water disposal, ponding, drainage, and flood control.

(9)

Where the subdivider owns property adjacent to that which is being proposed for the subdivision, it shall be required that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be required to relate well with existing or potential adjacent subdivisions.

(10)

Where structures are to be placed on large or excessively deep lots which are subject to potential replat, the preliminary plat shall indicate a logical way in which the lots could possibly be resubdivided in the future.

(11)

A plan for soil erosion and sediment control both during construction and after development has been completed. The plan shall include gradients of waterways, design of velocity and erosion control measures, design of sediment control measures, and landscaping of the erosion and sediment control system and shall be included as part of the required drainage plan.

(12)

When the city has agreed to install improvements in a development, the developer may be required to furnish a financial statement satisfactory to the city indicating the developer's ability to develop the plat.

(13)

Such other information as may be required as documented in writing by the city staff.

(Ord. No. 99-20, § 1, 11-23-99)

A final plat is a drawing representing the proposed subdivision of land within the city and serves as the document for recording purposes, as required by the Rice County Recorder's office. Once a preliminary plat has been approved by the City Council, the applicant may submit a request for final plat approval. In certain cases, the City Planner may allow a final plat to be submitted concurrent with a request for preliminary plat approval.

(Ord. No. 99-20, § 1, 11-23-99)

Any person having a legal or equitable interest in a property may file an application for a final plat. An application for a final plat shall be filed with the City Planner on an approved form and shall be accompanied by five (5) copies of the final plat along with any other information required by the City Planner in support of the application.

(Ord. No. 99-20, § 1, 11-23-99)

The Planning Commission shall hold a public hearing on each complete application for final plat approval, as provided in Section 2-100. After the close of the hearing on a proposed final plat, the Planning Commission shall make findings and submit these, together with a recommendation, to the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

The City Council shall make the final decision regarding all applications for final plat approval. Approval shall require a majority vote by the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

The Planning Commission and City Council shall make each of the following findings before granting final plat approval:

(1)

The final plat substantially conforms to the approved preliminary plat;

(2)

The plat conforms to all applicable requirements of this ordinance, subject only to approved rule exceptions; and

(3)

All submission requirements have been satisfied.

(Ord. No. 99-20, § 1, 11-23-99)

Final plats shall be recorded with the Rice County Recorder's Office within twelve (12) months following City Council approval. Final plats that are not recorded within said time period shall be deemed null and void. The final plat shall be submitted in a digital format suitable to the city when recording plats are forwarded for required city signatures.

(Ord. No. 99-20, § 1, 11-23-99)

The final plat, at a minimum, shall contain the information identified below unless specifically waived by the City Planner prior to submittal:

(1)

Name of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision.

(2)

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 that must mathematically close. The allowable error closure of any portion of a final plat shall be one (1) foot in seven thousand five hundred (7,500) feet.

(3)

The exact location of existing and proposed monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments.

(4)

Location of lots, streets, public 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.

(5)

Lots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block.

(6)

The exact locations, widths, and names of all streets to be dedicated.

(7)

Location and width of all easements to be dedicated.

(8)

Name and address of developer and surveyor making the plat.

(9)

Scale of plat (the scale to be shown graphically on a bar scale), date and north arrow.

(10)

Statement dedicating all streets, alleys, other public areas, and easements as follows: "have caused the same to be surveyed and platted as (Name of Plat), and dedicated to the pubic use forever the thoroughfares and also dedicate the easements as shown on this plat for drainage and utility purposes only."

(11)

Notarized certification by a registered surveyor in the form required by Minn. Stat. § 505.03, as amended.

(12)

Certification indicating that all taxes and special assessments due on the property have been paid in full.

(13)

Execution of all owners of any interest in the land and any holders of a mortgage thereon of the certificates required by Minn. Stat. § 505.02, as amended, and which certificate shall include a dedication of streets, utility easements, and other public areas.

(14)

Space for certificates of approval and review to be filled in by the signatures of the mayor and city administrator.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2003-014, § 1, 6-24-03)

Any preliminary plat of a proposed subdivision deemed premature for development shall be denied by the City Council. A subdivision may be deemed premature should any of the conditions which follow exist:

(1)

Lack of adequate drainage. A condition of inadequate drainage shall be deemed to exist if surface or subsurface water retention and runoff is such that it constitutes a danger to the structural security of the proposed structures, the proposed subdivision will cause damage from erosion and siltation on downhill or downstream land, or the proposed site grading and development will cause harmful and irreparable damage from erosion and siltation on downstream land.

(2)

Lack of adequate roads or highways to serve the subdivision. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare, or seriously aggravate an already hazardous condition.

(3)

Lack of municipal sanitary sewer and water availability. A proposed subdivision shall be deemed premature if the extension of municipal sanitary sewer or water facilities is not feasible or is not proposed as part of subdivision improvements or if existing facilities are inadequate to support the subdivision if developed to its maximum permissible density.

(4)

Inconsistency with Land Use Plan. The proposed subdivision is inconsistent with the purposes, objectives and recommendations of the duly adopted Land Use Plan of the city, as may be amended.

(Ord. No. 99-20, § 1, 11-23-99)

The design standards set forth below are deemed to be minimum requirements. The city may impose additional or more stringent requirements concerning lot size, streets, and overall design as deemed appropriate considering the property being subdivided.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2022-13, § 7, 6-28-22)

(A)

Block length. In general, intersecting streets, determining block lengths, shall be provided at such intervals so as to serve cross-traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions should not exceed one thousand three hundred twenty (1,320) feet nor be less than four hundred (400) feet in length, except where topography or other conditions justify a departure from such standards. In blocks longer than eight hundred (800) feet, pedestrian ways and/or easements through the block may be required near the center of the block. Blocks intended for commercial or industrial use shall be of sufficient size to provide for adequate off-street parking, loading, and other site requirements.

(B)

Block width. The width of the block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2022-13, § 7, 6-28-22)

(A)

In general. All lots shall have size, width, depth, shape, and orientation that is appropriate for the type of development and use contemplated.

(B)

Area and dimension requirements. The minimum lot area, width, and depth shall not be less than that established for the individual zoning districts in effect at the time of adoption of the final plat.

(C)

Corner lots. Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required within the individual zoning districts.

(D)

Side lot lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines.

(E)

Required street frontage. Every lot must have minimum street frontage, as required within the individual zoning districts, on a city approved street other than an alley, except that lots permitted as part of a planned unit development may front a private street.

(F)

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

(G)

Lot remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels.

(H)

Frontage on two streets. Double frontage, or lots with frontage on two (2) parallel streets shall not be permitted except where lots back on arterial streets or highways or where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for screen planting along the back lot line.

(I)

Turn-around access. Where proposed residential lots abut a collector or arterial street, they should be platted in such a manner as to encourage turn-around access and egress on each lot.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2022-13, § 7, 6-28-22)

(A)

Street network. Except for culs-de-sac, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served.

(B)

Local streets and dead-end streets. Local streets should be so planned as to discourage their use by non-local traffic. Dead-end streets are prohibited, but culs-de-sac shall be permitted where topography or other physical conditions justify their use. Culs-de-sac shall not serve more than twenty (20) lots nor be longer than six hundred fifty (650) feet in length, including a terminal turn around which shall be provided at the closed end, with a right-of-way radius of not less than fifty (50) feet. Such distance shall be measured from the centerline of the street of origin to the center point of the cul-de-sac.

(C)

Access to arterial streets. In cases where a proposed subdivision abuts a limited access highway or arterial street, there shall be no direct vehicular or pedestrian access from individual lots to such highway or street.

(D)

Street plans for future subdivisions. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider.

(E)

Provisions for resubdivision of large lots and parcels. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision.

(F)

Street intersections. Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. Under normal conditions, the minimum angle of intersection of streets shall be sixty (60) degrees. Street intersection jogs with an offset of less than one hundred twenty-five (125) feet, as measured from centerline to centerline, shall be avoided.

(G)

Subdivisions abutting major rights-of-way. Wherever the proposed subdivision contains or is adjacent to the right-of-way of a U.S. or State highway or thoroughfare, the city may require the provision of a marginal access street, located approximately parallel and adjacent to the boundary of such right-of-way. Due consideration shall be given to proper circulation design or for a street at a distance suitable for the appropriate use of land between such street and right-of-way. Such distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separations, or for lot depths.

(H)

Sidewalks. In cases where the city deems it appropriate, sidewalks of not less than five (5) feet in width shall be provided. Where sidewalks are provided provisions shall be made for handicapped access.

(I)

Service access, alleys. Service access shall be provided in commercial and industrial districts for off-street loading, unloading, and parking consistent with and adequate for the uses proposed. Dead-end alleys shall not be permitted.

(J)

Half streets. Dedication of half streets shall not be considered for approval except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations or where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided.

(K)

Right-of-way width. Right-of-way widths shall conform to the minimum standards identified below. In the case of a local or collector street, the minimum right-of-way width may be reduced, at the discretion of the City Council, when anticipated traffic volumes, area circulation patterns, or other factors warrant such a reduction.

Arterial street .....80 feet

Collector street .....80 feet

(66 feet when specifically allowed)

Local street .....66 feet

(50 feet when specifically allowed)

Cul-de-sac .....50 feet

Alley .....20 feet

Pedestrian way .....20 feet

(L)

Street grades. Except when, upon the recommendation of the City Engineer, the topography warrants a greater maximum, the grades in all streets shall not exceed those identified below. In addition, there shall be a minimum grade on all streets and thoroughfares of not less than five-tenths (.5) percent.

Arterial street .....5 percent

Collector street .....6 percent

Local street .....8 percent

Cul-de-sac .....8 percent

Alley .....8 percent

(M)

Street alignment. A tangent of at least one hundred (100) feet shall be provided between reverse curves on arterial or collector streets and fifty (50) feet on lesser streets. Other than at intersections, connecting street lines that deflect from each other shall be connected by a curve with a radius adequate to ensure a sight distance of no less than the following:

Arterial street .....500 feet

Collector street .....320 feet

Local street .....100 feet

Cul-de-sac .....100 feet

(N)

Reserve strips. Reserve strips controlling access to streets shall be prohibited.

(O)

Naming of streets. The City Council reserves the right to establish street names, which shall be based on area naming patterns, ease of public safety response, and other pertinent factors.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2022-13, § 7, 6-28-22)

(A)

For utilities. An easement for utilities at least five (5) feet wide shall be provided along side and rear lot lines, which when combined with easements on adjoining lots, forms a continuous easement of at least ten (10) feet. Additionally, a similar easement of at least ten (10) feet shall be provided across the front lot line. If necessary for the extension of main water or sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots, at the discretion of the City Engineer.

(B)

For storm water drainage. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a drainage easement or other means of land dedication conforming substantially with the lines of such water course and of such further width as determined by the City Engineer.

(C)

For walkways or trails. Pedestrian easements, with a width not less than twenty (20) feet, may be required where deemed necessary to provide circulation, access to schools, parks, or other community facilities, or as part of a planned community-wide trail system.

(D)

Guy wires. Additional easements for pole guys should be provided, where appropriate, at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along side lot lines.

(E)

Continuous easement provision. All required easements, when approved as part of a final plat, shall not thereafter be changed without the approval of the City Council of a vacation of such easement, as specified in Section 2-500.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2022-13, § 7, 6-28-22)

(A)

In general. The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion.

(B)

Erosion, siltation, and waste control measures. Erosion, siltation, and waste control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control pollution and in accordance with the NPDES General Stormwater Permit for Construction Activity and the City's Developer Guidelines for Stormwater Management.

(C)

Incremental development. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time.

(D)

Soil exposure or removal. When soil is exposed, the exposure shall be for the shortest feasible period of time, as specified in the development agreement. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. Top soil shall be restored or provided to a depth of four (4) inches and shall be of a quality at least equal to the soil quality prior to development.

(E)

Runoff. Runoff water shall be diverted to a sedimentation basin before being allowed to enter the natural drainage system.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2022-13, § 7, 6-28-22)

All subdivision design shall incorporate adequate provisions for storm water, subject to review and approval of the City Engineer. Permanent structural best management practices may be used to achieve the applicable minimum requirements for water quality. The rate of runoff for the area being subdivided is to be maintained at a level equal to that which existed in an undeveloped state, except as may be approved by the City Engineer. All permanent stormwater management facilities shall be designed and constructed in accordance with Chapter 28, Section 28-230 Minimum design standards for permanent stormwater facilities, the City's Developer's Guidelines for Stormwater Management, and Surface Water Management Plan.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2022-13, § 7, 6-28-22)

Where land proposed for subdivision is deemed environmentally sensitive by the city, due to the existence of wetlands, drainage ways, watercourses, floodable areas or steep slopes, the design of said subdivision shall clearly reflect all necessary measures of protection to insure against adverse environmental impact. Based upon the necessity to control and maintain certain sensitive areas, the city shall determine whether said protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form of protection shall include design solutions which allow for construction and grading involving a minimum of alteration to sensitive areas. Where these areas are to be incorporated into lots within the proposed subdivision, the subdivider shall be required to demonstrate that the proposed design will not require construction on slopes over fifteen (15) percent, or result in significant alteration to the natural drainage system such that adverse impacts cannot be contained within the plat boundary.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2010-08, § 1, 5-25-10; Ord. No. 2022-13, § 7, 6-28-22)

(A)

Authority. Per Minnesota Statutes, Section 462.358, Subd. 2b, a city may require a subdivider to dedicate a reasonable portion of the buildable land of any proposed subdivision to the city for parks, recreational facilities, playgrounds, trails, or open space. Alternatively, the city may require the subdivider to provide a cash fee for some or all of the new parcels or lots created in the subdivision based on the average fair market value of the land for which park fees have not been paid.

(B)

Findings. The city council finds the following:

(1)

The city's parks, recreational facilities, playgrounds, and open space strengthen the quality of life for residents and those working in the city.

(2)

The city's parks and recreational facilities enhance the city's ability to attract residential, commercial, industrial, and institutional development.

(3)

The subdivision of land and subsequent development increases demand for parks, recreational facilities, playgrounds, and open space. Therefore, it is appropriate that the subdivision of land contribute to the city's parks and recreational facilities in rough proportion to their increased demand from the anticipated development.

(Ord. No. 2021-12, § 1, 12-14-21)

The city council is solely responsible for determining whether the subdivision of land shall result in land dedication, a cash fee, or a combination of land dedication and a cash fee.

(Ord. No. 2021-12, § 1, 12-14-21)

(A)

Criteria for land dedication. The city council may accept land dedication if the city council finds the land is suitable for its intended use and the land is conveniently located for those it will serve. In evaluating whether to accept land dedication, the city council may consider factors such as size, shape, topography, geology, hydrology, tree cover, access, and location of the land to be dedicated.

(B)

Percentage of land dedication required. When the city council determines that it is appropriate to require land dedication, the subdivider shall dedicate a percentage of the gross area of the subdivision as follows:

(1)

Residential development: Seven (7) percent of the gross area of the subdivision, less the area of wetlands to be preserved and the area below the ordinary high water level of waterbodies.

(2)

Commercial, industrial, public/institutional, or other development: Four (4) percent of the gross area of the subdivision, less the area of wetlands to be preserved and the area below the ordinary high water level of waterbodies.

(3)

Mixed-development: When a subdivision of land includes a mix of residential and other types of development, the amount of land to be dedicated to satisfy park dedication requirements shall be proportional to the types of development proposed.

(C)

Terms of land dedication. Dedication of land for public use shall be without restrictions or reservations. The subdivider shall grade the dedicated land as per the city-approved subdivision and deed the dedicated land to the city in a condition suitable to the city.

(D)

Timing of land dedication. The timing of land dedication shall be as follows:

(1)

The subdivider shall deed the land to be dedicated to the city before the city's issuance of building permits within the subdivision.

(2)

At the city council's discretion, park dedication associated with outlots in a proposed subdivision may be delayed until the outlots are platted into lots. The percentage of land to be dedicated shall be based on the city's dedication requirements when the subdivider plats the outlots into lots.

(Ord. No. 2021-12, § 1, 12-14-21)

(A)

Criteria for cash fee. When the city council determines that there is no need for land dedication in the proposed subdivision, the city council may require payment of an equivalent amount in cash as outlined in this section.

(B)

Amount of cash fee required. The required cash fee shall be as follows:

(1)

The cash fee for a proposed residential subdivision shall be as follows:

• Single-family dwelling: $1,000.00

• Multi-family dwellings: $500.00 per unit up to the first 20 units, then $400.00 per unit for additional units between 21 and 50 units, then $300.00 per unit for additional units over 50 units

(2)

Commercial, industrial, public/institutional, and other development: $1,000.00 per acre of the gross area of the subdivision, less the area of wetlands to be preserved and less the area below the ordinary high water level of waterbodies.

(C)

Timing of the cash fee payment. The timing of the cash fee payments shall be as follows:

(1)

The subdivider shall pay the city the required cash fee before the city's release of the subdivision for recording with Rice County, except as specified otherwise in this ordinance.

(2)

At the city council's discretion, the required cash fee associated with outlots in a proposed subdivision may be delayed until the outlots are platted into lots. The required cash fee shall be based on the city's dedication requirements when the subdivider plats the outlots into lots.

(3)

At the city council's discretion, the city and the subdivider may enter into an agreement to delay the required cash fee payment per the terms of the agreement.

(D)

Use of cash fee. The city will use the cash fee payment to acquire and improve land for public parks, playgrounds, trails, open space, or as otherwise provided by state statutes.

(Ord. No. 2021-12, § 1, 12-14-21)

(A)

Subdivision of land that does not increase the demand for the city's parks. A subdivision, which may or may not have previously satisfied park dedication requirements, is exempt from park dedication requirements if the following conditions are met:

(1)

The proposed subdivision does not increase the number of parcels or lots; and

(2)

The proposed uses in the subdivision do not intensify the demand for the city's parks as outlined in this ordinance.

(B)

Subdivision of land that increases the demand for the city's parks. A subdivision, which may or may not have previously satisfied park dedication requirements, shall satisfy current park dedication requirements for that portion of the proposed subdivision that increases demand on the city's parks as outlined in this ordinance.

(Ord. No. 2021-12, § 1, 12-14-21)

(A)

Development agreement required. Before an approved final plat is filed with the Rice County Recorder's office, the subdivider of the land covered by said plat shall pay all applicable fees and execute and submit to the City Council a development agreement which shall be binding on his or her heirs, personal representatives, and assigns. Such agreement shall address responsibilities for construction of public improvements, timing related to such improvements, and the form of financial guarantee, together with other standard development agreement provisions. The city shall be responsible for filing the agreement with the Rice County Recorder's office in conjunction with the final plat. No private construction shall commence, nor shall building permits be issued, until all improvements required under this section have been contracted for and the subdivision improved by completion of sewer, water, storm sewer, and graded right-of-way. No final certificate of occupancy shall be issued for private construction until all improvements, including paving of streets, have been completed.

(B)

Surety required. Prior to the delivery of the approved final plat, the subdivider shall deposit with the city an amount equal to a minimum of one hundred (100) percent of the City Engineer's estimated cost of the required improvements within the plat, either in a cash escrow performance bond, or letter of credit. The surety shall be approved by the city. The cash escrow letter of credit or performance and indemnity bond shall be conditioned upon:

(1)

The making and installing of all of the improvements required by the terms and conditions set forth by the city within one (1) year unless an extension is granted by the City Council.

(2)

Satisfactory completion of the work and payment for work that was undertaken by the subdivider in accordance with the developer's agreement referred to above.

(3)

Payment by the subdivider to the city of all expenses incurred by the city, which expenses shall include but not be limited to expenses for engineering, planning, fiscal, legal, construction, and administration. In instances where a cash escrow is submitted in lieu of a letter of credit or performance and indemnity bond, there shall be a cash escrow agreement which shall provide that in the event the required improvements are not completed within one (1) year, all amounts held under the cash escrow agreement shall be automatically turned over and delivered to the city and applied by the city to the cost of completing the required improvements. If the funds available within said cash escrow agreement are not sufficient to complete the required improvements, the necessary additional cost to the city may be assessed against the subdivision. Any balance remaining in the cash escrow fund after such improvements have been made and all expenses have been paid, shall be returned to the subdivider. In instances where a letter of credit is used in lieu of a cash escrow or performance and indemnity bond, the letter of credit shall be in a form satisfactory to the city and the terms thereof shall substantially comply with the procedure set forth for a cash escrow fund. In instances where a performance and indemnity bond is used in lieu of a cash escrow or letter of credit, the bond shall be in a form acceptable to the city and shall comply with all requirements as set forth in Minnesota Statutes, as amended, which statutes relate to surety bonds.

(C)

Special assessments for improvements. In lieu of the requirements outlined in Section 15-340(B) above, the subdivider may petition the city for basic improvements to be made as part of a special assessment project, pursuant to Minnesota Statutes, Chapter 429. If the city elects to install the improvements, the developer shall post a cash escrow or letter of credit guaranteeing payment of the assessments, unless specifically waived by the City Council.

(D)

Inspection required. All of the required improvements to be installed under the provisions of this chapter shall be approved by and subject to the inspection of the City Engineer. All of the city's expenses incurred as the result of the required improvements shall be paid directly, indirectly, or by reimbursement to the city by the subdivider.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

Required locations. Official monuments or permanent markers shall be set at each corner of every block or portion of a block, points of curvature and points of tangency on street lines, and at each angle point on the boundary of a subdivision. Additionally, monuments shall be set at all quarter section points within, or on the perimeter of, the subdivision.

(B)

Monument type. A monument or permanent marker shall be a steel pipe or rod, one-half (½) inch or larger in diameter, extending at least three (3) feet below the finished grade. In situations where conditions prohibit the placement of markers in the required locations, off-set markers will be permitted.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. All street improvements shall be completed in accordance with the standards and specifications for street construction as required by the City Council and described in the city's Community Management Program manual, specifically, but not limited to, the following:

(1)

The full width of the right-of-way shall be graded, including the subgrade of the areas to be paved.

(2)

All streets shall be improved with pavement to the required overall width, with curb and gutter installed.

(3)

Storm sewers, culverts, storm water inlets, and other drainage facilities shall be required where they are necessary to insure adequate storm water drainage for the subdivision.

(4)

Street signs of a design approved by the City Council shall be installed at each street intersection.

(5)

Driveway approaches, sidewalks, or pedestrian pathways of standard design shall be installed as may be required by the City Council.

(6)

Street lighting fixtures shall be installed as may be required by the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. All sanitary sewer and water distribution improvements shall be completed in accordance with the standards and specifications for such construction as required by the City Council and described in the city's Community Management Program manual.

(B)

Sanitary sewer and water required. Whenever municipal sanitary sewer or water facilities are not available for extension, or proposed for extension, to serve a subdivision, such subdivision shall be deemed premature, as indicated in Section 15-240, and shall be ineligible for development until such time that sanitary sewer and water service will be provided. In the case of a minor subdivision of land, as provided for in Sections 15-40 through 15-80, and where municipal sanitary sewer and water facilities are not located within one hundred (100) feet of the new or residual parcels of land, the City Council may approve the conveyance or division of land subject to the following conditions being satisfied:

(1)

The new or residual parcels of land resulting from the conveyance or division are not less than one (1) acre in size.

(2)

The private wastewater disposal and water supply systems shall be in compliance with applicable sections of the building code.

(Ord. No. 99-20, § 1, 11-23-99)

All utilities, including but not limited to, telephone, electric, cable television, and gas service lines which are meant to serve newly developing areas are to be placed underground. Such facilities shall be placed within dedicated easements or within the right-of-way in a manner to avoid conflict with other underground services. When overhead placement of such utilities is necessary, based on a determination by the City Engineer, such facilities shall be required to be located within rear lot line easements. Utility installations and services are further governed by franchise requirements established within the City Code of Ordinances.

(Ord. No. 99-20, § 1, 11-23-99)

It is unlawful for any person to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in conformity with any plan, plat, or replat of any subdivision or area located within the jurisdiction of this chapter unless said plan, plat, or replat shall have first been recorded in the office of the Recorder of Rice County.

(Ord. No. 99-20, § 1, 11-23-99)

It is unlawful for any person to receive or record in any public office any plans, plats of land laid out in building lots and streets, alleys or other portions of the same intended to be dedicated to public or private use, or for the use of purchasers or owners of lots fronting on or adjacent thereto, and located within the jurisdiction of this chapter, unless the same shall bear thereon, by endorsement or otherwise, the approval of the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

It is unlawful for any person owning an addition or subdivision of land within the city to represent that any improvement upon any of the street, alleys or avenues of said addition or subdivision or any sewer in said addition or subdivision has been constructed according to the plans and specifications approved by the City Council, or has been supervised or inspected by the city, when such improvements have not been so constructed, supervised, or inspected.

(Ord. No. 99-20, § 1, 11-23-99)

Any violation of the provisions of this chapter shall be enforced in accordance with the policies established in Section 2-610 through 2-630.

(Ord. No. 99-20, § 1, 11-23-99)