This article establishes the minimum standards for the division of land into two or more parcels or lots of record, and for the change of property boundaries between parcels or lots. The division of land shall occur only through the minor subdivision, platting, planned unit development, or property line adjustment processes defined in this article.

(Prior Code, § 1215-010.1)

No parcel or lot of land shall be subdivided or split into two or more parcels or lots without approval of the city's land use regulations council, except as may be allowed in section 90-332.

(Prior Code, § 1215-020.1)

No proposed subdivision shall be given final approval unless the subdivision is designed, and its public utilities and/or public improvements are constructed, designed, and installed to be in full compliance with the city's comprehensive plan, comprehensive sanitary sewer/water supply and distribution plan, master park plan, comprehensive stormwater management plan, master road plan, and all other long-range plans approved by the city council.

(Prior Code, § 1215-030.1)

(a)

General dedication standards. In order to develop a system of parks within the community to serve the public's health and recreational needs, a percentage of the net buildable acreage based on the density of all land subdivided for residential purposes shall be dedicated to the city as public parkland. The city finds that the more dense a development is, the more demand for park land it creates since lots can be smaller affording less private recreational space and more occupants per acre. The following formula will be used to determine the dedication requirement where a land dedication is required:

The land so dedicated shall be subject to approval by the city council in accordance with the city's Comprehensive Plan for parks. At the city council's discretion, a parkland dedication fee may be accepted or required instead of or connection with land dedication. The parkland dedication fee shall be set annually by the city council and adopted as part of the city's fee schedule. The parkland dedication fee shall be charged for each dwelling unit originated by the subdivision or development of any property in the city, not including any dwelling unit that may be in existence at the time of the adoption of the ordinance from which this article is derived, or which is subject to an approved development agreement with the city that includes a parkland dedication provision.

(b)

Appeal process. The parkland dedication fee may be appealed to the city council before the city council makes a decision on the final plat and shall be calculated as follows: The percentage of land to be dedicated will be multiplied by the fair market value of the net buildable acreage.

The fair market value shall be determined by the city council, following their review of a current appraisal submitted to the city at the developer's expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies.

If the city receives written notice of a dispute over the parkland dedication fee before approval of the final plat, the developer shall pay the fee into an escrow account pending a decision of an appeal of the fee. If an appeal is not filed within 60 days following approval of the final plat, or if the person aggrieved by the fee does not prevail on the appeal, then the funds paid into escrow must be transferred to the city.

(Prior Code, § 1215-040.1; Ord. No. 2010-449, § 1, 11-15-2010)

In order to be considered complete and constructed to city standards, all public roads built as part of a land development plan shall receive crackfilling and sealcoating within five to seven years after their construction. The city shall collect a fee as part of all land development plans to pay for the city providing this service. Such fee is to be determined by the city engineer based on the estimated cost of providing the service to the development in accordance with rates established by the city council.

(Prior Code, § 1215-050.1)

Where a proposed public street has been constructed but not accepted by the city for operation and maintenance, and public snowplowing services are required to allow for development and use of the property, the city shall charge land developers a fee for snowplowing services. Such fee is to be determined by the city engineer based on the estimated cost of providing the service to the development in accordance with rates established by the city council.

(Prior Code, § 1215-060.1)

All land development activities shall make provision for the adequate management of stormwater generated on the site. To be considered adequate, stormwater management must be approved by the city engineer and include: limiting the discharge of stormwater downstream to a rate not to exceed that existing prior to development, the treatment of stormwater discharged to national urban runoff protection program (NURP) standards, and the limitation of runoff volumes to the greatest extent practical. Where the property being developed is located all or partially within an established regional stormwater management district of the city, the city council may require the applicant pay a stormwater management fee instead of constructing all or part of the stormwater management system required for the site. The fee to be charged shall be approved by the council and based on the city engineer's estimate of the public costs associated with the collection, transportation, storage, treatment, and management of stormwater generated by the site in accordance with rates established by the city council.

(Prior Code, § 1215-070.1)

All streets, sidewalks, water and sanitary sewer facilities, stormwater management systems, and other public improvements constructed as part of a land development plan shall be designed and constructed in accordance with city standards, as found in section 90-273, or in other ordinance provisions, or as established by city council policy. The city engineer shall review and approve all construction plans, and may approve variances to the strict interpretation of city standards, or require a stricter standard, where such variance or stricter standard is in keeping with the intent of this chapter and city long-range plans.

(Prior Code, § 1215-080.1)

Any subdivision or property line adjustment deemed to lack adequate public facilities pursuant to criteria, which include those listed in this section, may be denied by the city council together with all related permits and approvals.

(1)

Conditions establishing premature subdivisions and property line adjustments. A subdivision or property line adjustment may be deemed premature if it lacks adequate public facilities as defined below. The following conditions shall not be an exclusive list of conditions:

a.

Lack of adequate drainage. A condition of inadequate drainage shall be deemed to exist if:

1.

Surface or subsurface water retention and runoff are such that it constitutes a danger to the structural security or risk of flooding of the proposed structures.

2.

The proposed site grading and development may cause harmful and irreparable damage from erosion and siltation on downhill or downstream land.

3.

Factors to be considered in making these determinations may include: average rainfall for the area; the relation of the land to floodplains; the nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems; the slope of the land and its effect on effluents; and the presence of streams as related to effluent disposal.

b.

Lack of adequate water supply. A proposed subdivision or property line adjustment shall be deemed to lack an adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed subdivision if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas or does not offer acceptable integration of existing public water facilities.

c.

Lack of adequate roads or highways to serve the subdivision or property line adjustment. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when:

1.

Roads which are needed to serve the proposed subdivision or property line adjustments are of such a width, grade, stability, vertical and horizontal alignment, configuration, 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, or when said roads are inadequate for the intended use and the proposal does not include developer-supplied improvements adequate to defray the costs of upgrading those roads.

2.

The traffic volume generated by the proposed subdivision or property line adjustments would create unreasonable road or highway congestion or unsafe conditions on roads or highways existing at the time of the application or proposed for completion within the next two years.

d.

Lack of adequate waste disposal systems. A proposed subdivision or property line adjustment shall be deemed to lack adequate waste disposal systems if in subdivisions for which sewer lines are proposed, there is inadequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five years; or if in subdivisions where sewer lines are neither available nor proposed, there is inadequate on-site sewer capacity potential to support the subdivision if developed to the maximum permissible density indicated in any governing planning document or ordinance or amendments thereto.

e.

Inconsistency with comprehensive plan. Subdivisions and property line adjustments that do not follow planned public improvement corridors or that do not constitute an infilling of development shall be deemed inconsistent with the city's growth strategies as outlined in the comprehensive plan.

f.

City service capacity. A proposed subdivision or property line adjustment shall be determined to lack necessary city service capacity when services such as recreational facilities, police and fire protection, and other city services, which must be provided at public expense, cannot reasonably be provided for within the next two years.

g.

Inconsistency with capital improvement plans. A proposed subdivision or property line adjustment shall be deemed inconsistent with capital improvement plans when improvements and/or services necessary to accommodate the proposed subdivision have not been programmed in applicable capital improvement plans. The city council may waive this criterion when it can be demonstrated that a revision to capital improvement programs can be accommodated.

(2)

Burden of establishing adequacy. The burden shall be upon the applicant to show that the proposed subdivision, development, or and property line adjustment has adequate public facilities and is not premature.

(Prior Code, § 1215-085.1, Ord. No. 2021-507, § 1, 9-20-2021)

Following completion of development activities for any plat, the developer shall submit two record drawings of the development on mylar, as well as in digital format, to the city engineer. Mylar copies shall be no larger than 24 inches by 36 inches in size, and the digital file shall be in AutoCAD R14 format with all-horizontal control in county coordinates. Vertical Datum shall be based on U.S.G.S. elevations. Digital file layer control shall be in accordance with city standards. All plan text shall conform to LeRoy 120 size standards. As-built information shall include:

(1)

Topography in two-foot contour intervals.

(2)

Water system facilities, including:

a.

Location, material type, class, size, and depth of all mains and services.

b.

Location and type of all valves, including ties to physical features such as manholes, catchbasins, and property irons.

c.

Location and type of hydrants.

d.

Location and elevation of all water services at the right-of-way line and station at the water main.

(3)

Sanitary sewer facilities, including:

a.

Location, material type, class, size, and depth of all sanitary sewer, force mains, and services.

b.

Location, invert elevations, and top of casting elevations of all manholes.

c.

Location, size, invert elevations, pump size, pump manufacturer, and controls manufacturer of all lift stations.

d.

Location and elevation of all sewer services at the right-of-way line, and wye station at sewer main.

(4)

Storm sewer facilities, including:

a.

Location, material type, class, size, and depth of all storm sewers.

b.

Location, invert elevation, and top of casting elevation of all manholes.

c.

Location, type, and outflow elevation of all stormwater control structures.

(5)

Floodway and flood-fringe boundaries.

(6)

Ordinary high-water and 100-year high-water elevation for all waterbodies.

(7)

Location of all easements and public utilities within the easements.

(8)

Location and width of all road rights-of-way.

(9)

Location of all streets and sidewalks/bike paths and typical sections placed during construction.

(10)

Location and description of all surveying monuments, including project bench marks.

(Prior Code, § 1215-090.1)

An escrow deposit, or letter of credit in such form as is acceptable to the city, shall be made with the city finance director in a sum equal to 125 percent of the total cost of all public improvements to be constructed as part of a subdivision or land development plan, the amount to be established by estimate of the city engineer. The city shall reimburse itself out of said deposit for any cost and expense incurred by the city for completion of work it performs due to default by the land developer. The city shall also reimburse itself for any damages incurred by the city because of the developer's failure to complete such improvements. Upon completion of the work and termination of any warranty period and all developer liability, the balance remaining in the escrow shall be refunded to the developer or the letter of credit released.

(Prior Code, § 1215-100.1)

Where any state or federal law has preempted the authority of the city to regulate the subdivision of property, such land division or platting shall be allowed to the extent permitted by such law. The city will withhold building permits from properties created under state, federal, or judicial preemption, if such properties do not meet the minimum development standards of the city.

(Prior Code, § 1215-110.1)

All property conveyances must be made by plat, except for lots or parcels exceeding five acres in size that may be made by metes and bounds description. Registered land surveys, where permitted by law, must be approved in accordance with the platting process established in this article.

(Prior Code, § 1215-120.1)

In the event a tract of land against which an assessment has been levied is thereafter subdivided, the city council may, on application of the property owner or by its own motion, equitably apportion among the various lots or parcels in the tract all of the installments of the assessments against the tract remaining unpaid and not then due.

(Prior Code, § 1215-130.1)

Wherever municipal sanitary sewer, storm sewer, or water service are reasonably available to a development site, and the land is located in an area where such service is legally accessible, all land development shall utilize such services. Where a property's zoning allows for a development density based on the availability of municipal sewer and water service, and such municipal utilities are not reasonably available to the site, the property shall not be subdivided or developed at a density greater than allowed for rural land divisions.

(Prior Code, § 1215-140.1)

All parcels or lots of land created through any subdivision, platting or planned unit development process shall be in conformance with the conditions contained in this section.

(1)

Within the agricultural, long-term agricultural, and rural residential zoning districts, all parcels created shall meet the criteria for rural land divisions found in the following table:

(2)

The zoning districts that are eligible for municipal sewer and water, new parcels shall meet the criteria for urban land divisions found in the following table:

(3)

Review criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain districts shall be able to place fill necessary to contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this chapter and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the floodplain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.

(4)

Floodway/flood fringe determinations in the floodplain district: When floodway or flood fringe boundaries have not been determined in the floodplain district, applicants shall conduct the necessary analysis and provide the information required in section 90-37 of this chapter to determine the 100-year flood elevation, the floodway and flood fringe district boundaries and the regulatory flood protection elevation for the subdivision site.

(5)

Removal of special flood hazard area designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

(Prior Code, § 1215-150.1; Ord. No. 2009-434, § 1, 10-5-2009)

Minor subdivisions are allowed in the zoning districts that are not eligible for municipal sewer and water, which include: agricultural, long-term agricultural, and rural residential zoning districts for subdivisions of three lots or less. All subdivisions in the agricultural, long-term agricultural, and rural residential zoning districts, creating four or more lots or parcels, or create parcels less than five acres in size, or with widths less than 300 feet, shall be platted.

(1)

To be considered complete, an application must contain the following items and information:

a.

Completed application form signed by all owners in fee title of the property to be subdivided.

b.

Proof of ownership by either a copy of a deed, abstract of title, or attorney's opinion.

c.

Vicinity map showing the relation of the property to be subdivided to adjacent properties and public roads.

d.

A certificate of survey in a scale of one inch equals 100 feet, prepared in accordance with Minn. Stat. ch. 505, and including:

1.

Topographic contours at two-foot intervals, if required, to determine compliance with floodplain, bluff, slope or wetland protection requirements.

2.

Wetland delineation in accordance with the Wetland Conservation Act.

3.

Ordinary high-water elevations of all public waterbodies.

4.

Ordinary high groundwater elevation.

5.

Information on the stormwater conveyance system serving the parcel, including the minimum elevation that stormwater runoff can be drained from the parcel, the route it must take to connect to a public trunk drainage system, and elevation indicating the parcel has an adequate and positive outlet for stormwater runoff.

6.

Location of all public and private easements.

7.

Floodplain areas and elevation figures.

8.

Location of significant stands of trees and individual trees of eight-inch diameter or greater.

9.

Existing lot lines.

10.

Proposed lot lines.

11.

Proposed locations and types of septic systems.

12.

Proposed building areas and dimensions.

13.

Proposed driveway locations.

14.

North-pointing arrow and scale.

e.

Property descriptions, before and after.

f.

Drainage and utility easement forms, with legal descriptions, for all wetland and floodplain areas.

g.

Watershed district, department of natural resources, and Army Corps of Engineers and state pollution control agency permits, as required.

h.

Driveway permit for each parcel.

i.

Individual sewage treatment system permit for each parcel.

j.

Proof of all variances, conditional use permits, and other special approvals required.

k.

List of the names and addresses of property owners within 300 feet of the property to be subdivided, prepared by the county surveyor's office.

l.

Application fee and escrow, as required.

(2)

Applications for minor subdivisions must be presented with 15 copies, folded and collated to fit into a standard nine-inch by 12-inch envelope.

(3)

Within 60 days of a complete application for a minor subdivision being submitted to the zoning administrator, the application shall be subject to a public hearing before the planning commission. Following such hearing, the planning commission shall establish preliminary findings of fact regarding the application's compliance with this chapter, and make a recommendation to the city council whether to grant the subdivision, deny the subdivision, or grant the subdivision subject to conditions.

(4)

Within 120 days of a complete application for a minor subdivision being submitted to the zoning administrator, and following receipt of the planning commission's recommendations, the city council shall act to deny, approve, or approve with specified conditions, the application for minor subdivision. Such time deadline may be extended with the approval of the applicant.

(5)

A written development agreement may be required as a condition of approval for any subdivision. A written development agreement will be required for any subdivision resulting in the extension, construction, or erection of any public improvements.

(6)

Actions following approval of a minor subdivision:

a.

The city clerk shall certify all approved certificates of survey or deeds prior to their recording with the county recorder's office, but only after:

1.

The applicant meets all conditions of plat approval required by the city council.

2.

The applicant pays all fees, escrow, securities, and other charges owed to the city.

3.

The applicant provides the city signed and notarized easements, as required, plus the fees necessary to record the easements with the county recorder's office. Easement forms are not required when the subdivision is being recorded by plat and the required easements are identified on the plat.

b.

All minor subdivisions shall be recorded with the county recorder's office within 60 days of city council approval or such approval shall be null and void. The council may grant extensions to the recording deadline if the failure to record was not due to any action or inaction on the part of the applicant or the applicant's representatives.

(Prior Code, § 1215-160.1)

All subdivisions in zoning districts that are eligible for municipal sewer and water, which create two or more lots or parcels shall be platted. All subdivisions in the agricultural, long-term agricultural, and rural residential zoning districts, creating four or more lots or parcels, or creating parcels less than five acres in size, or with widths less than 300 feet shall be platted.

(1)

Applicants may prepare for review and comment by the planning commission, city engineer, and other city staff, a proposed sketch plan for the subdivision and development of a property. The sketch plan will be considered as the basis for unofficial discussion on the future development of a property. The sketch plan shall not constitute an application for a subdivision or other land development approval. A sketch plan shall contain the following information, as a minimum:

a.

Site location map showing major streets, school locations, commercial centers, and other significant developments.

b.

Tract boundaries.

c.

North point and scale.

d.

Topography and physical features.

e.

Wetland areas.

f.

Floodplain boundaries.

g.

Proposed general street design.

h.

Proposed lot design and orientation.

(2)

Prior to submitting a final plat to the city for approval, an owner or applicant shall submit to the city zoning administrator a preliminary plat and development plans for the property. The preliminary plat shall provide the information required below in order to allow the planning commission and city council to judge the feasibility of a proposed subdivision. To be considered complete, an application for preliminary plat approval must contain 15 copies, folded and collated to fit in a standard nine-inch by 12-inch envelope, and the following items and information in the form designated:

a.

Completed application form signed by all owners, in fee title, of the property to be subdivided.

b.

Proof of ownership by either a copy of a deed, abstract of title, or attorney's opinion.

c.

Title sheet/vicinity map.

d.

Preliminary plat.

1.

All dimensions tied to the nearest one-quarter corner or section corner by traverse.

2.

Names and addresses of property owners within 300 feet of the property.

3.

Existing zoning classification and lot lines of the property and all abutting properties with any overlay districts.

4.

Location and purpose of all public and private easements, including proposed alleys, pedestrian ways, and drainage, and utility easements.

5.

Building setback lines, type of proposed construction, and minimum first-floor elevation.

6.

All interior lot dimensions and bearings.

7.

All street right-of-way widths and centerline alignments.

8.

Location, dimension, and purpose of all public and common areas.

9.

Computation of buildable area.

10.

The proposed name of the plat shall be stated, and not duplicate or be alike in pronunciation of the name of any plat previously recorded in county.

(3)

Grading, drainage, and erosion control plan. All elevations and contours shall be based on NGVD-1929 or NAVD-1988.

a.

Existing topography including all areas within 100 feet outside the parcel being platted. Existing topography shall include the following items:

1.

Structures.

2.

Location of significant stands of trees and individual trees eight inches in diameter or larger.

3.

Contours at two-foot intervals. Where the horizontal contour interval is 100 feet or more, a one-foot interval shall be shown.

4.

Delineated wetlands in accordance with the Wetland Conservation Act.

5.

Delineation of the ordinary high-water elevations and the elevation of all public waterbodies.

6.

Ordinary high groundwater elevation.

7.

Location of all soil borings and piezometers.

8.

Stormwater drainage conveyance system that serves the property.

9.

Water main.

10.

Private wells and septic systems.

11.

Sanitary sewer system.

12.

Delineation of floodplain areas with elevations.

b.

Proposed contours at the same intervals noted above.

c.

Proposed stormwater drainage conveyance system that will serve the developed property including internal drainage patterns and minimum elevations at which stormwater runoff can be drained from the property. This shall include designation of drainage routes and elevations to connect to internal and external public trunk drainage systems; drainage channels; storm sewer pipes, sizes, and grades; storm sewer structures; stormwater holding ponds; NURP basins; and outlets. The final drainage system shall be such that the property has an adequate and positive outlet for stormwater runoff.

d.

Minimum floor elevation (basement) and minimum building opening elevation for each lot.

e.

Proposed gradients for all streets and alleys.

f.

Wetland mitigation areas.

g.

Erosion control features.

h.

Tree protection features.

(4)

Utility plan.

a.

Existing topography as noted above under grading, drainage, and utility plan.

b.

Minimum floor elevation (basement) and minimum building opening elevation for each lot.

c.

Proposed storm sewer drainage system.

d.

Proposed sanitary sewer system.

e.

Proposed water main system including location of fire hydrants and valves.

f.

For a rural plat, the location of proposed septic systems and source of water supply.

g.

Proposed gradients for all streets and alleys.

(5)

Landscaping and lighting plan.

a.

Existing topography as noted above under grading, drainage, and utility plan.

b.

Proposed landscaping including location, species, and size of shrubs, trees, and bushes.

c.

Proposed location of streetlights.

(6)

A daily motor vehicle trip generation estimate.

(7)

Upon receipt of a completed application for preliminary plat approval, the zoning administrator shall schedule a public hearing before the planning commission on the proposed plan in accordance with section 90-41, and provide copies of the proposed plan to the following individuals for comment:

a.

City engineer.

b.

City water resource engineer.

c.

Fire chief.

d.

Director, county public works department, if the plat is abutting a county road. Minn. Stat. § 505.03, subd. 2, requires that the county engineer and/or commissioner of transportation receive a copy of the proposed plat abutting county or state roads 30 days prior to the city's final action on the preliminary plat. The city may not take final action on such a plat until comments are received from the county engineer and/or commissioner of transportation, or the 30-day comment period has elapsed.

e.

Commissioner, state department of transportation, if the plat is abutting a state highway.

f.

Planning agency of adjacent municipality, if the plat lies along the municipality's border.

g.

Commissioner of the state department of natural resources, if all or part of the plat lies within the shoreland district.

h.

Superintendent of the applicable school district.

(8)

The planning commission shall conduct the public hearing in accordance with section 90-43, and establish findings of fact and recommendations for submission to the city council.

(9)

Within 120 days of a complete application for preliminary plat approval being submitted to the zoning administrator, and following receipt of the planning commission's recommendations, the city council shall act to deny, approve, or approve with specified conditions, the preliminary plat, unless the applicant waives the time deadline.

(10)

The applicant shall, within 120 days following the city council's approval of the preliminary plat, submit a complete final plat to the city engineer for review, or the preliminary plat approval shall be null and void. The city council may extend this deadline for extenuating circumstances.

(11)

To be considered complete, the final plat application must include:

a.

A final plat survey in conformance with the approved preliminary plat and Minn. Stat. ch. 505.

b.

A final site grading plan.

c.

Watershed district, department of natural resources, U.S. Army Corps of Engineers, and other agency permits, as required.

d.

Road connection permits, as required.

e.

Individual sewage treatment system permits for each lot or parcel, if required.

f.

Proof of approval for all variances, conditional use permits, and other special approvals, if required.

g.

Plans and specifications for all streets, alleys, pedestrian ways, municipal utilities, storm sewer, and other public improvements required for the development, including location of all municipal utility services to each lot or parcel.

h.

Completion of such other requirements made a condition of preliminary plat approval.

(12)

Upon receipt of the complete final plat application, the city engineer shall report to the city council regarding the adequacy of the final plat, and the council shall determine whether to deny or grant approval of the final plat.

(13)

A written development agreement may be required as a condition of approval for any preliminary plat. A written development agreement will be required for all plat approvals resulting in the extension, construction, or erection of public improvements.

(14)

Following approval of a final plat, the applicant shall provide the city at least two Mylar copies of the plat for signing by the mayor and clerk. Following recording, one Mylar copy shall be provided to the city for permanent record. The mayor and clerk shall not sign the final plat for recording until the applicant has fulfilled all conditions of plat approval, including signing any development agreement required and depositing all required fees, escrow, and securities with the city.

(15)

All final plats shall be recorded with the county recorder's office within 60 days of city council approval or such approval shall be null and void. The council may grant extensions to the recording deadline, if the failure to record was not due to any action or inaction on the part of the applicant or the applicant's representatives.

(Prior Code, § 1215-170.1)

Where adjacent property owners desire to adjust their mutual lot line without creating a new parcel or lot of record, they may request a property line adjustment under the following conditions:

(1)

To be considered complete, an application must contain the following items and information:

a.

Completed application form signed by all owners, in fee title, of the property to be subdivided.

b.

Proof of ownership by either a copy of a deed, abstract of title, or attorney's opinion.

c.

Vicinity map showing the relation of the property to be subdivided to adjacent properties and public roads.

d.

A certificate of survey in a scale of one inch equals 100 feet, prepared in accordance with Minn. Stat. ch. 505, and including:

1.

Location of all public and private easements.

2.

Existing lot lines.

3.

Proposed lot lines.

4.

Locations and types of septic systems, if any.

5.

Existing building locations and dimensions.

6.

Existing driveway locations.

7.

Existing fences.

8.

North-pointing arrow and scale.

e.

Property descriptions, before and after, for all properties involved.

f.

Watershed district, department of natural resources, and U.S. Army Corps of Engineers permits, as required.

(2)

Where the adjustment of the property line between two properties retains or causes both properties to be in conformance with this chapter, the zoning administrator shall provide the application to the city council for administrative review and consideration.

(3)

Where the adjustment of the property line between two properties would result in one or both of the properties remaining or becoming out of compliance with this chapter, the application shall be forwarded to the board of appeals and adjustments for a public hearing and variance consideration in accordance with section 90-32.

(4)

The city council may condition the approval of a property line adjustment in such manner so as to bring any of the properties involved into greater conformance with this chapter.

(5)

Following approval of a property line adjustment, the city clerk shall certify all approved certificates of survey or deeds prior to their recording with the county recorder's office, but only after the applicant meets all conditions of the property line adjustment required by the city council, and paid all fees, escrow, securities, and other charges owed to the city. All property line adjustments shall be recorded with the county recorder's office within 60 days of city council approval or such approval shall be null and void. The council may grant extensions to the recording deadline, if the failure to record was not due to any action or inaction on the part of the applicant or the applicant's representatives.

(Prior Code, § 1215-180.1)

(a)

No building permit or site plan approval shall be issued by the city for any lot or parcel of land ten acres or less in size until a certificate of survey for the lot or parcel has been presented to the city's building official. No building permit for a residential dwelling, regardless of lot size, shall be issued without a certificate of survey. Such certificate of survey must be prepared and signed by a registered land surveyor, and include the following information:

(1)

Wetland delineation in accordance with the Wetland Conservation Act.

(2)

Ordinary high-water elevations of all public waterbodies.

(3)

Ordinary high groundwater elevation.

(4)

Location of all public and private easements.

(5)

Floodways and flood fringe, with elevations.

(6)

Existing lot lines.

(7)

Locations and types of septic systems, if applicable.

(8)

Location of all survey monuments.

(9)

Building areas and dimensions.

(10)

Driveway locations.

(11)

North-pointing arrow and scale.

(12)

Scale.

(b)

The lot lines of all lots or parcels of land created or subject to a boundary change shall be identified and monumented by a registered land surveyor. As a minimum, the location of all lot corners, the intersections of all public road rights-of-way with lot lines, and the location of substantial pipeline easements shall be identified with metal stakes permanently placed into the ground.

(Prior Code, § 1215-200.1)