The city council being aware of the responsibility it has for the adoption of ordinances, rules and regulations designed for the protection of health, safety and general welfare of the city, deems it necessary to provide regulations for dividing and subdividing of property within the city so that new divisions and subdivisions will be integrated with the general plan of the city and contribute to an attractive, stable and wholesome community environment, adequate municipal services and safe streets. The city council, while recognizing that there are presently no public sewer or water facilities available within the city, nevertheless deems it necessary in this section to regulate divisions and subdivisions within the city in order that construction of such facilities in the future may be adequately planned. These regulations are the minimum requirements adopted for the protection of the public health, safety and general welfare.

Subd. 1.

For the purpose of this section, the following terms, phrases, words and their derivations have the meanings given in this subsection:

Subd. 2.

"Boulevard" means the portion of the right-of-way between the improved purpose of the street or road and the property line.

Subd. 3.

"Cul-de-sac" means a permanent, terminal, minor street with only one outlet and having a terminus with a right-of-way diameter of 125 feet.

Subd. 4.

"Division, large lot," means the division of a lot of record into two or more lots, each consisting of five acres, or more, including right-of-way, and each having 300 feet of frontage on a road or having access to a private street as defined herein.

Subd. 5.

"Division, simple lot," means the division of a lot of record into no more than two lots, or a rural view lot subdivision regardless of the number of lots created, with each lot meeting or exceeding the minimum lot size, density, and road frontage or private street requirements.

(Amended, Ord. No. 2005-01)

Subd. 6.

"Division and rearrangement" means the division of one or more lots of record for the purpose of combining a portion or portions thereof to other lots of record, without creating additional lots.

Subd. 7.

"Double frontage lots" mean those which have a front line abutting on one street and a rear line abutting on another street.

Subd. 8.

"Easement" means a grant by an owner of land for a specific use of said land by the grantee.

Subd. 9.

"Final plat" means the final map, drawing or chart on which the subdivider's plan of subdivision is presented to the city council for approval and which, if approved, will be filed with the county recorder.

Subd. 10.

"Frontage" means the distance between the side lot lines of a lot measured along the boundary of the right-of-way designated to serve the lot by the city council.

Subd. 11.

"Lot" means a parcel of land separated from other parcels by legal description and meeting the physical standards of this section.

Subd. 12.

"Lot area" means the horizontal plane bounded by the lot lines.

Subd. 13.

"Lot corner" means a lot bounded by the intersecting boundaries of two or more streets or roads.

Subd. 14.

"Lot depth" means the average horizontal distance between the front lot line and the rear lot line.

Subd. 15.

"Lot line" means a line defining the horizontal plane of a lot.

Subd. 16.

"Lot line, front," means the line connecting the side lot line of a lot measured along the boundary of the right-of-way designated by the city council to serve the lot.

Subd. 17.

"Lot line, rear," means that lot line which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line.

Subd. 18.

"Lot line, side," means any lot line which is not a front lot line or a rear lot line.

Subd. 19.

"Lot width" means the maximum horizontal distance between the side lot lines measured parallel to and 50 feet from the front lot line.

Subd. 20.

"Minimum subdivision design standards" mean the guides, principles and specifications for the preparation of a subdivision plan indicating among other things, the minimum dimensions of the various elements set forth in the preliminary plat.

Subd. 21.

"Outlot" means a parcel of land in a subdivision separated from the other parcels by a legal description which does not meet the physical standards of this section and which is unbuildable until such physical standards are met.

Subd. 22.

"Owner" means any person having an interest in the land sought to be subdivided.

Subd. 23.

"Pedestrian way" means the right-of-way across or within a block, for use by pedestrian traffic.

Subd. 24.

"Preliminary plat" means the preliminary map, drawing or chart indicating the proposed plan of the subdivision to be submitted to the planning commission and city council for their consideration.

Subd. 25.

"Property line" means the legal boundary of a lot.

Subd. 26.

"Reserve strip" means a narrow strip of privately owned land which prevents access to a public street.

Subd. 27.

"Right-of-way" means land designated by the city council for public vehicular and pedestrian traffic by easement, dedication, statutory user, common law dedication, or other instrument or legal right.

Subd. 28.

"Road" means a right-of-way improved for vehicular and pedestrian traffic in accordance with the city's adopted road specification standards, and accepted by the city for maintenance and public travel.

(Revised, 1992, § 1)

Subd. 29.

"Street" means a right-of-way improved for vehicular and pedestrian traffic in accordance with the city's adopted road specification standards, and accepted by the city for maintenance and public travel.

(Revised, 1992, § 1)

Subd. 30.

"Street, collector," means a street which carries traffic from minor streets to through streets.

Subd. 31.

"Street, minor," means a street of limited continuity used primarily for access to the abutting properties.

Subd. 32.

"Street, private," means a street serving as vehicular access for more than one parcel of land in which the right-of-way underlying the street is not dedicated to the public, but is owned by one or more private parties. The construction and maintenance provisions of said private street shall be set forth in writing by the city council and recorded in the office of the Hennepin county recorder.

Subd. 33.

"Street-width" means the shortest distance between the lines delineating the right-of-way of a street.

Subd. 34.

"Subdivider" means any owner commencing proceedings under this section to effect a subdivision of land hereunder.

Subd. 35.

"Subdivision" means the process of dividing a parcel of land and the land divided, and includes the following:

(Amended, Ord. No. 2005-01)

(a)

The division of a parcel of land into two or more lots or parcels;

(Amended, Ord. No. 2005-01)

(b)

The replat of platted land.

(Amended, Ord. No. 2005-01)

Subd. 36.

"Subdivision, rural view lot," means the division of a parcel of land in the Agriculture zoning district into one or more lots or parcels primarily for residential use. The resulting residential lots shall be referred to as "rural view lots."

(Added, Ord. No. 2005-01)

Subd. 1.

Approval required. It is unlawful and punishable as provided herein to record any subdivision or division in the office of the county recorder unless said subdivision or division has received approval as provided herein.

Subd. 2.

Permits not issued. The building inspector may not issue building permits for any structure on a lot or parcel in any unapproved subdivision or division.

Subd. 3.

Improvements prohibited. The city council will not permit any public improvements or services to be installed or performed in any subdivision or division unless said subdivision or division is approved as provided herein.

Subd. 4.

Unapproved conveyances. It is unlawful to make, file or record any conveyance of land to which this section is applicable if the land is described in the conveyance by an unapproved U.S.G.S. description or by reference to an unapproved registered land surveyor to an unapproved plat. This provision does not apply to any conveyance if the land described therein:

(a)

Was a separate parcel of record as of March 31, 1980; or

(b)

Was the subject of a written, verified and recordable contract for deed entered into prior to March 31, 1980; or

(c)

Is a division approved by the city council as hereinafter provided.

Subd. 5.

Sales prohibited. It is unlawful to sell or offer for sale any parcel of land within the city until the requirements of this section have been met.

Divisions, as defined herein, are governed by this section except as hereinafter modified by the provisions of subsections 500.09 through 500.31.

Subd. 1.

Procedure for preliminary plans. Prior to preparation for the simple lot division and division and rearrangement the subdivider shall have a preliminary discussion in regard to the requirements of this section with the zoning administrator.

Subd. 2.

Filing with city clerk-treasurer. To commence approval of a subdivision an owner shall file with the city clerk-treasurer:

(a)

Nine copies of the subdivision.

(b)

A cash fee established by resolution of the city council.

(c)

An executed agreement in which the owner agrees to pay all costs of engineering, planning, inspection and legal expenses incurred by the city in reviewing the subdivision.

Subd. 3.

Staff review. The city clerk-treasurer shall forward a copy of the plans to the city engineer and the city planner, directing the engineer and the planner to review the plans and prepare a written report relating to the conformance of said plans with this section, and to sound engineering and planning principles. The reports of the engineer and the planner shall be forwarded to the city clerk-treasurer within 20 days of the filing of the original plans and the city clerk-treasurer shall place the request for approval on the agenda of the next regularly scheduled meeting of the planning commission.

Subd. 4.

Planning commission review. The planning commission must study the plans and the report of the engineer and the planner to determine whether such plans conform to this section and to sound engineering and planning principles. The planning commission must prepare a written report and submit it to the city council.

Subd. 1.

Identification and description. Required information includes:

(a)

Legal description of property according to the records in the county recorder's office;

(b)

Names and addresses of all owners, the subdivider, surveyor and designer of the plans;

(c)

Graphic scale;

(d)

North-point; and

(e)

Date of preparation.

Subd. 2.

Existing conditions. Required information includes:

(a)

Boundary line of proposed subdivision, clearly indicated;

(b)

Existing zoning classification; and

(c)

Total approximate acreage.

Subd. 3.

Optional information. Provision of the following information may be required by the zoning administrator:

(a)

Topographic data, including contours at vertical intervals of not more than two feet. Water courses, marshes, wooded areas, rock outcroppings, power transmission poles and lines, and other significant features shall be shown, to a distance of 100 feet beyond the property lines.

(b)

An S.C.S. soil survey map including the particulate makeup, permeability slope and other morphological soil characteristics, together with classification and boundaries of all soils within the proposed subdivision.

Subd. 4.

Other information. Other required information includes:

(a)

Proposed protective covenants;

(b)

Source of water supply;

(c)

Provisions for sewage disposal, drainage and flood control; and

(d)

If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions.

The planning commission may recommend and the city council may require such changes or revisions as deemed necessary for the health, safety, general welfare and convenience of the city, including, without limitation, changes in street and intersection alignment, configuration and location of proposed lots, and enlargement or reduction of the size of lots. The city council's approval shall be in the form of a resolution which shall be filed in the office of the Hennepin county recorder.

Subd. 1.

Easements provided for utilities. Easements at least 20 feet wide, centered on rear and other lot lines, shall be provided for utilities where necessary and shall be so dedicated to the public by appropriate language in the owner's certificate. They shall have continuity of alignment from block to block and at deflection points easements for pole-line anchors shall be provided where necessary. The location of all easements shall be subject to the approval of the engineer.

Subd. 2.

Easements provided for drainage. Easements shall be provided along each watercourse, drainage channel or wetlands to a width sufficient to provide proper maintenance and protection and to provide for stormwater runoff and storage in the installation and maintenance of storm sewers as required by sound engineering principles. Such easements shall be dedicated to the city by appropriate language in the owner's certificate.

Subd. 3.

Lot frontage. All lots in a subdivision as defined herein shall have no less than 200 feet of frontage on a right-of-way. A subdivision lot fronting on the terminus of a cul-de-sac shall have no less than 50 feet of frontage, and shall meet minimum width requirements at the building setback line.

Subd. 4.

Lot size. Lot size requirements for divisions and subdivisions shall be governed by the zoning ordinance or section 705. All dimensions and lot area shall exclude right-of-way.

Subd. 5.

Long lots prohibited. Lots platted with length greater than four times width shall be prohibited.

Subd. 6.

Water courses. Lots abutting upon a watercourse, drainage way, channel or stream shall have an additional depth or width, as required, to ensure house sites that are not subject to flooding, inadequate drainage, or ground water which interferes with water supply or sanitary sewer.

Subd. 7.

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

Subd. 8.

Remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots.

Subd. 9.

Outlots. All outlots, as defined herein, are prohibited.

Subd. 10.

Public access roads. A subdivision shall not be approved unless the council makes a finding that the existing public roads providing access to the land to be divided can adequately accommodate any additional traffic that the subdivision may generate. If the public roads providing access to the subdivision do not meet the minimum requirements in section 500.45 of this Code, the required finding must be supported by a traffic study prepared by a licensed traffic engineer selected by the city.

(Amended, Ord. No. 94-02, § 1)

Subd. 11.

Driveways. A subdivision shall not be approved if any lot will be served by more than one driveway or access unless the applicant demonstrates that additional driveways or accesses are necessary for use of the lot and not merely convenient or desired.

(Added, Ord. No. 2005-08, § 1)

Subd. 1.

Procedure for preliminary plans. Prior to preparation for the large lot divisions the subdivider must have a preliminary discussion in regard to the requirements of this section with the zoning administrator.

Subd. 2.

Filing with clerk-treasurer. To commence approval of a subdivision an owner shall file with the city clerk-treasurer:

(a)

Nine copies of the subdivision.

(b)

A cash fee established by resolution of the city council.

(c)

An executed agreement in which the owner agrees to pay all costs of engineering, planning, inspection and legal expenses incurred by the city in reviewing the subdivision.

Subd. 3.

Staff review. The city clerk-treasurer shall forward a copy of the plans to the city engineer and the city planner, directing the engineer and the planner to review the plans and prepare a written report relating to the conformance of said plans with this section and to sound engineering and planning principles. The reports of the engineer and the planner shall be forwarded to the city clerk-treasurer within 20 days of the filing of the original plans and the city clerk-treasurer shall place the request for approval on the agenda of the next regularly scheduled meeting of the planning commission.

Subd. 4.

Public hearing. If three lots or less are being divided the planning commission need not hold a public hearing, but if there are more than three lots included in the large lot division they must hold a public hearing. Notice of such hearing must be published in the official newspaper of the city at least ten days prior to the said planning commission hearing. The city clerk-treasurer shall mail notice of such hearing to all owners of property abutting on the property proposed to be divided.

Subd. 5.

Planning commission review. The planning commission shall then hold this hearing (if necessary) and then shall study the plans and the report of the engineer and the planner to determine whether such plans conform to this section and to sound engineering and planning principles. The planning commission shall prepare a written report and submit it to the city council.

Subd. 1.

Identification and description. Required information includes:

(a)

Legal description of property according to the records in the county recorder's office;

(b)

Names and addresses of all owners, the subdivider, surveyor and designer of the plans;

(c)

Graphic scale;

(d)

North-point; and

(e)

Date of preparation.

Subd. 2.

Existing conditions; three lots or less. Required information includes:

(a)

Boundary line of proposed subdivision, clearly indicated.

(b)

Existing zoning classification.

(c)

Total approximate acreage.

Subd. 3.

Optional information. The following information may be required by the zoning administrator:

(a)

Topographic data, including contours at vertical intervals of not more than two feet. Water courses, marshes, wooded areas, rock outcroppings, power transmission poles and lines, and other significant features shall be shown, to a distance of 100 feet beyond the property lines.

(b)

An S.C.S. soil survey map including the particulate makeup, permeability, slope, and other morphological soil characteristics together with classification and boundaries of all soils within the proposed subdivision.

Subd. 4.

Existing conditions; more than three lots.

(a)

Boundary line of proposed subdivision, clearly indicated.

(b)

Existing zoning classification.

(c)

Total approximate acreage.

(d)

Location, widths and names of all existing or previously platted streets and rights-of-way, showing type, width and condition of improvements, if any, railroad and utility right-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 100 feet beyond the tract and to a distance of 100 feet beyond the tract.

(e)

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

(f)

Boundary lines of adjoining unsubdivided or subdivided land within 100 feet, which land must be identified by name and ownership.

(g)

Topographic data, including contours at vertical intervals of not more than two feet. Water courses, marshes, wooded areas, rock outcroppings, power transmission poles and lines, and other significant features shall be shown, to a distance of 100 feet beyond the property lines.

(h)

An S.C.S. soil survey map including the particulate makeup, permeability, slope, and other morphological soil characteristics together with classification and boundaries of soils within the proposed subdivision.

Subd. 5.

Subdivision design features. Subdivision design features must be considered for only those large lot divisions of more than three lots. These include:

(a)

Layout of proposed streets, showing right-of-way widths and proposed names of streets. The name of any street heretofore used in the county or its environs shall not be used, unless the proposed street is an extension of an already named street, in which event the use of such name is mandatory.

(b)

Location and widths of all proposed easements.

(c)

Typical cross-sections of proposed improvements upon streets, together with a plan for the disposal of surface and ground water, including storm sewers where required by sound engineering principles.

(d)

Approximate centerline gradients of proposed streets.

(e)

Layout, numbers and preliminary dimensions of lots and blocks.

(f)

Where a subdivider owns property adjacent to that which is being proposed for subdividing, the city council may require, where appropriate, that the subdivider submit a preliminary plat of the remainder of subdivider's property showing its relationship to the future development. Where the areas concerned are of major size the city council may limit the extent of this area to be included in the preliminary plat.

(g)

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

Subd. 6.

Other information. Other required information includes:

(a)

Proposed protective covenants.

(b)

Source of water supply.

(c)

Provisions for sewage disposal, drainage and flood control.

(d)

If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions.

The planning commission may recommend and the city council may require such changes or revisions as deemed necessary for the health, safety, general welfare and convenience of the city, including without limitation, changes in street and intersection alignment, configuration and location of proposed lots, and enlargement or reduction of the size of lots. The city council's approval shall be in the form of a resolution which shall be filed in the office of the Hennepin county recorder.

Subd. 1.

Three lots or less. This subsection does not apply to plats of three lots or less.

Subd. 2.

More than three lots. On more than three lots, the following apply:

(a)

The subdivider shall within 90 days following approval of the preliminary plan, submit to the clerk-treasurer an up-to-date certified abstract of title or registered property abstract and such other evidence as the city attorney may require showing title or control in the applicant.

(b)

The abstract of title or registered property abstract shall be referred to the city attorney for examination and report. The city attorney's report shall be made to the city council within 15 days of such referral.

Subd. 1.

Easements provided for utilities. Easements at least 20 feet wide, centered on rear and other lot lines, shall be provided for utilities where necessary and shall be so dedicated to the public by appropriate language in the owner's certificate. They shall have continuity of alignment from block to block, and at deflection points easements for pole-line anchors shall be provided where necessary. The location of all easements shall be subject to the approval of the engineer.

Subd. 2.

Easements provided for drainage. Easements shall be provided along each watercourse, drainage channel or wetlands to a width sufficient to provide proper maintenance and protection and to provide for stormwater runoff and storage in the installation and maintenance of storm sewers as required by sound engineering principles. Such easements shall be dedicated to the city by appropriate language in the owner's certificate.

Subd. 3.

Lot frontage. All lots in a large lot division as defined herein shall have no less than 300 feet of frontage on a road as defined. A large lot division parcel fronting on the terminus of a cul-de-sac shall have no less than 50 feet of frontage, and shall meet minimum width requirements at the building setback line.

(Amended, Ord. No. 89-F, 10-92)

Subd. 4.

Lot size. Lot size requirements for divisions and subdivisions shall be governed by the zoning ordinance or section 705, or both. All dimensions and lot area may include right-of-way.

Subd. 5.

Long lots. Lots platted with length greater than four times width shall be prohibited.

Subd. 6.

Water courses. Lots abutting upon a watercourse, drainage way, channel or stream shall have an additional depth or width, as required, to ensure house sites that are not subject to flooding, inadequate drainage, or ground water which interferes with water supply or sanitary sewer.

Subd. 7.

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

Subd. 8.

Remnants. Remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots.

Subd. 9.

Outlots. Outlots, as defined herein, are prohibited.

Subd. 10.

Public access roads. A subdivision shall not be approved unless the council makes a finding that the existing public roads providing access to the land to be divided can adequately accommodate any additional traffic that the subdivision may generate. If the public roads providing access to the subdivision do not meet the minimum requirements in section 500.45 of this Code, the required finding must be supported by a traffic study prepared by a licensed traffic engineer selected by the city.

(Amended, Ord. No. 94-02, § 2)

Subd. 11.

Driveways. A subdivision shall not be approved if any lot will be served by more than one driveway or access unless the applicant demonstrates that additional driveways or accesses are necessary for use of the lot and not merely convenient or desired.

(Added, Ord. No. 2005-08, § 2)

Minimum design standards for large lot divisions are those set forth in subsections 500.43 through 500.57, except that as to subsection 500.57, subdivision 2, all dimensions and lot area may include right-of-way.

Subd. 1.

Inspection at subdivider's expense. Required improvements to be installed under the provisions of this section must be inspected at the subdivider's expense during the course of construction. Such inspection shall be by the city engineer or an inspector appointed by the city council.

Subd. 2.

Improvements completed prior to approval of final plat. Improvements within a subdivision which have been completed prior to application for approval of the final plat or execution of the contract for installation of the required improvements shall be accepted as equivalent improvements in compliance with the requirements of subsection 500.61 only if the engineer shall certify satisfaction that the existing improvements conform to applicable city standards.

Subd. 3.

Reimbursements to city for fees incurred. The subdivider must reimburse the city for all engineering consulting fees, planning consulting fees, inspection fees and fees for legal services reasonably incurred by the city in processing a subdivision application under the terms of these regulations.

In large lot divisions resulting in more than three lots subsections 500.61 through 500.71 are applicable.

Subd. 1.

Preliminary discussions. Prior to preparation of a preliminary plat the subdivider shall have a preliminary discussion in regard to the requirements of this section with the zoning administrator for the city.

Subd. 2.

Filing with city clerk-treasurer. To commence approval of a subdivision an owner shall file with the city clerk-treasurer:

(a)

Nine copies of the preliminary plat.

(b)

A cash fee established by resolution of the city council.

(c)

An executed agreement in which the owner agrees to pay all costs of engineering, planning, inspection and legal expenses incurred by the city in reviewing the subdivision.

Subd. 3.

Staff review. The city clerk-treasurer shall forward a copy of the preliminary plat to the city engineer and the city planner, directing the engineer and the planner to review the preliminary plat and prepare a written report relating to the conformance of said preliminary plat to this section, and to sound engineering and planning principles. The reports of the engineer and the planner shall be forwarded to the city clerk-treasurer within 20 days of the filing of the original preliminary plat and the city clerk-treasurer shall place the request for approval on the agenda of the next regularly scheduled meeting of the planning commission.

Subd. 4.

Public hearing. The city clerk-treasurer shall schedule a public hearing on the proposed preliminary plat, said public hearing to be held by the planning commission. Notice of such hearing shall be published in the official newspaper of the city at least ten days prior to the said planning commission hearing. The city clerk-treasurer shall mail notice of such hearing to all owners of property abutting on the property proposed to be subdivided.

Subd. 5.

Planning commission review. The planning commission shall hold the public hearing and shall study the preliminary plat and the report of the engineer and the planner to determine whether such plan conforms to this section and to sound engineering and planning principles. The planning commission shall prepare a written report and submit it to the city council.

Subd. 1.

Map. The preliminary plat shall be clearly and legibly drawn. The size of the map shall not be less than 12 inches by 18 inches. All subdivision maps shall be drawn at a scale of one inch equals 100 feet, unless otherwise required by the zoning administrator. The preliminary plat of the proposed subdivision shall contain or have attached thereto the information specified in this subsection.

Subd. 2.

Identification and description. Required information includes:

(a)

Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation of the name of any plat theretofore recorded in the county;

(b)

Legal description of property according to the records in the county recorder's office;

(c)

Names and addresses of all owners, the subdivider, surveyor and designer of the plat;

(d)

Graphic scale;

(e)

North-point; and

(f)

Date of preparation.

Subd. 3.

Existing conditions. Required information includes:

(a)

Boundary line of proposed subdivision, clearly indicated;

(b)

Existing zoning classifications;

(c)

Total approximate acreage;

(d)

Location, widths and names of all existing or previously platted streets and rights-of-way, showing type, width and condition of improvements, if any, railroad and utility right-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 100 feet beyond the tract;

(e)

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

(f)

Boundary lines of adjoining unsubdivided or subdivided land within 100 feet identified by name and ownership;

(g)

Topographic data, including contours at vertical intervals of not more than two feet. Water courses, marshes, wooded areas, rock outcroppings, power transmission poles and lines, and other significant features shall be shown, to a distance of 100 feet beyond the property lines; and

(h)

An S.C.S. soil survey map including the particulate makeup, permeability, slope, and other morphological soil characteristics, together with classification and boundaries of all soils within the proposed subdivision.

Subd. 4.

Subdivision design features. Required information includes:

(a)

Layout of proposed streets, showing right-of-way widths and proposed names of streets. The name of any street heretofore used in the county or its environs shall not be used, unless the proposed street is an extension of an already named street, in which event the use of such name is mandatory;

(b)

Location and widths of all proposed easements;

(c)

Typical cross-sections of proposed improvements upon streets, together with a plan for the disposal of surface and ground water, including storm sewers where required by sound engineering principles;

(d)

Approximate centerline gradients of proposed streets;

(e)

Layout, numbers and preliminary dimensions of lots and blocks;

(f)

Where a subdivider owns property adjacent to that which is being proposed for subdividing, the city council may require, where appropriate, that the subdivider submit a preliminary plat of the remainder of subdivider's property showing its relationship to the future development. Where the areas concerned are of major size the city council may limit the extent of this area to be included in the preliminary plat; and

(g)

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

Subd. 5.

Other information. Required information includes:

(a)

Proposed protective covenants;

(b)

Source of water supply;

(c)

Provisions for sewage disposal, drainage and flood control;

(d)

If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions; and

(e)

Proposed location of driveways or accesses to each lot.

(Added, Ord. No. 2005-08, § 3)

Subd. 1.

Planning commission report. The planning commission may recommend and the city council may require such changes or revisions as deemed necessary for the health, safety, general welfare and convenience of the city, including, without limitation, changes in street and intersection alignment, configuration and location of proposed lots, and enlargement or reduction of the size of lots.

Subd. 2.

Soil tests. As a condition of approval, the council may, by resolution, require soil borings and percolation tests for each lot upon which the soil survey map fails to positively indicate sufficient suitable soils to meet on-site septic system requirements. The resolution of the city council approving the plat or division shall carry a legend identifying lots which cannot utilize standard on-site septic systems.

Subd. 3.

Preliminary approval. Approval of a preliminary plat by the planning commission and the city council is tentative only, involving merely the general acceptability of the layout. Subsequent approval will be required of the engineering proposals pertaining to water supply, storm drainage, and sewage disposal, sidewalks, gas and electric utilities, grading, gradients and roadway widths and surfacing of streets.

Subd. 4.

Submission of final plat. Approval of a preliminary plat shall be null and void unless within 90 days after receiving the last required approval of the plat by the city council, there shall be submitted to the city council a final plat or plats in accordance with the conditions upon which such approval was granted by the city council.

Subd. 5.

Drainage; flooding. No plan will be approved for a subdivision which covers an area subject to periodic flooding or which contains drainage facilities for the streets and lots which are inadequate as measured by sound engineering standards.

Subd. 6.

Preliminary plat not approved. If the preliminary plat is not approved by the city council, the reasons for such action shall be recorded in the proceedings of the city council and transmitted to the applicant.

Subd. 1.

Filing with city clerk-treasurer. The subdivider shall within 90 days following approval of the preliminary plat, submit to the clerk-treasurer:

(a)

Five copies and a reproducible copy of the final plat. This final plat shall incorporate all changes required by the city council. Otherwise, it shall conform to the preliminary plat. The final plat may constitute only that portion of the preliminary plat which the subdivider proposes to record and develop immediately.

(b)

An up-to-date certified abstract of title or registered property abstract and such other evidence as the city attorney may require showing title or control in the applicant.

Subd. 2.

Final plat review. The city clerk-treasurer shall refer two copies of the final plat to the planning commission, one copy to the engineer, and one copy each to the telephone, power and other utility companies. The abstract of title or registered property abstract shall be referred to the city attorney for the city attorney's examination and report. The city attorney's report shall be made to the city council within 15 days of such referral. The procedure and timing for the reports of the planning commission and the engineer and action by the city council are the same as for the final approval of the preliminary plat except that no public hearing is required in processing the final plat.

Subd. 3.

Plat approval. If the final plat is approved by the city council, the subdivider shall record it with the county recorder within 90 days after the date of approval; otherwise, the approval of the final plat shall be considered void.

Subd. 4.

Recording. The subdivider shall, immediately upon recording, furnish the city clerk-treasurer with three copies of the final plat showing evidence of recording, one for the building inspector, the assessor, and the planning commission. One Mylar shall be provided to the clerk-treasurer and one reproducible master (sepia) shall be provided to the engineer.

Subd. 1.

General. The final plat shall be prepared by a land surveyor who is registered in the State of Minnesota and shall conform to all state and county requirements, this section and the directives of the city council.

Subd. 2.

Information to be shown on final plat.

(a)

Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets, easements, areas to be reserved for public use, and other important features (dimensions of lot lines shall be shown in feet and hundredths);

(b)

An identification system for all lots and blocks;

(c)

True angles and distances to the nearest established official monuments (not less than two) which shall be accurately described in the plat;

(d)

Municipal, city, county or section lines accurately tied to the lines of the subdivision by distances and angles;

(e)

Radii, internal angles, points and curvatures, tangent bearings, and lengths of all arcs;

(f)

Accurate location of all monuments;

(g)

Accurate outlines and legal description of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision with the purposes indicated therein. Conveyance of all land for public use, other than right-of-way shall be by deed, which deed shall accompany the final plat;

(h)

Certification by a registered surveyor in the form required by Minn. Stats. § 505.03;

(i)

Execution by all owners and encumbrancers of any interest in the land on the certificate required by Minn. Stats. § 505.03 and which certificate shall include a dedication of the utility easements and any other public areas in such form as shall be approved by the city attorney;

(j)

Certifications showing that all taxes and special assessments currently due on the property to be subdivided have been paid in full;

(k)

Form of approval of city council as follows:

Approved by the city council of the city of Independence, Hennepin County, Minnesota, this _____ day of ________, 20___.

(l)

Form for approval by county authorities as required; and

(m)

Form for approval by planning commission as required.

Subd. 1.

Street plan. The arrangement, character, extent, width, grade, and location of all streets shall conform to these regulations, and shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographical conditions, to run-off of stormwater, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

Subd. 2.

Continuation of existing streets. The arrangement of streets in new subdivisions shall make provision for the appropriate continuation of the existing streets in adjoining areas.

Subd. 3.

Future projection of streets. Where adjoining areas are not subdivided, the arrangement of streets in a new subdivision shall make provision for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations.

Subd. 4.

Cul-de-sac easement required. If a street terminates at the boundary line of the plat that could at a later date be extended into and through adjacent properties, a cul-de-sac shall be constructed and a cul-de-sac easement on a deed form shall accompany the final plats at the time of recording. Construction of the cul-de-sac shall be the same as the streets in the subdivision, and shall conform to these regulations in all respects.

Subd. 5.

Public access roads. A subdivision shall not be approved unless the council makes a finding that the existing public roads providing access to the land to be divided can adequately accommodate any additional traffic that the subdivision may generate. If the public roads providing access to the subdivision do not meet the minimum requirements in section 500.45 of this Code, the required finding must be supported by a traffic study prepared by a licensed traffic engineer selected by the city.

(Amended, Ord. No. 94-02, § 3)

Subd. 1.

Widths. All right-of-way widths and street widths shall conform to the following minimum dimensions:

Subd. 2.

Deflections. When connecting street lines deflect from each other at any one point by more than ten degrees, they shall be connected by a curve with a radius of not less than 100 feet.

Subd. 3.

Grades. All centerline gradients shall be at least 0.5 percent and shall not exceed the following:

Subd. 4.

Minor streets. Minor streets must be so aligned that their use by through traffic will be discouraged.

Subd. 5.

Frontage streets. Where a subdivision abuts or contains an existing or planned major through street or a railroad right-of-way, the city council may require a street approximately parallel to and on each side of such right-of-way for adequate protection of residential properties and to afford separation of through and local traffic. Such frontage streets shall be located at a distance from the major through streets or railroad right-of-way suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separation.

Subd. 6.

Half streets. Where right-of-way is provided and streets are built along the boundaries of a plat, the full width right-of-way shall be provided and the full width of streets shall be constructed as provided herein. Half streets shall be prohibited.

Subd. 7.

Reserve strips. Reserve strips controlling access to streets are prohibited.

Subd. 8.

Hardship to owners of adjoining property avoided. Street arrangements may not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it.

Subd. 1.

Angle of intersection. The angle formed by the intersecting of streets may not be less than 60 degrees with 90 degrees intersection preferred.

Subd. 2.

Size of intersection. Intersections of more than four corners are prohibited.

Subd. 3.

Corner radii. Roadways of streets intersections shall be rounded by a radius of not less than 50 feet. Corners at the entrances to cul-de-sacs shall be rounded by a radius of not less than 25 feet.

A complete and adequate drainage system for the subdivision must be designed, and must include a storm sewer system or a system of open ditches, culverts, pipes, and catch basins, or both systems. The system or systems must be approved by the engineer and designed in conformity with standards as may from time to time be adopted by resolution of the city council.

Subd. 1.

Provided for utilities. Easements at least 20 feet wide, centered on rear and other lot lines, shall be provided for utilities where necessary and shall be so dedicated to the public by appropriate language in the owner's certificate. They shall have continuity of alignment from block to block and at deflection points easements for pole-line anchors shall be provided where necessary. The location of all easements is subject to the approval of the engineer.

Subd. 2.

Provided for drainage. Easements must be provided along each watercourse, drainage channel or wet lands to a width sufficient to provide proper maintenance and protection and to provide for stormwater runoff and storage in the installation and maintenance of storm sewers as required by sound engineering principles. The easements must be dedicated to the city by appropriate language in the owner's certificate.

Names of new streets may not duplicate existing or platted street names unless a new street is a continuation of or in alignment with the existing or platted street, in which event it shall bear the name of the existing or platted street so in alignment.

Subd. 1.

Factors governing dimensions. Block length and width or acreage within bounding streets must be such as to accommodate the size of lots required in the area pursuant to the terms of this section or the terms of the city zoning code and to provide for convenient access, circulation control, and safety of street traffic.

Subd. 2.

Arrangement. A block must be so designed as to provide two tiers of lots, unless it adjoins a railroad or major thoroughfare and unless topographic conditions necessitate a single tier of lots.

Subd. 1.

Location. Lots may have no less than 200 feet of frontage on a street or road, except lots fronting on the terminus of a cul-de-sac shall have no less than 50 feet of frontage, and must meet minimum width requirements at the building setback line.

Subd. 2.

Size. Lot size requirements for divisions and subdivisions shall be governed by the zoning code or section 705, or both. All dimensions and lot area shall exclude right-of-way.

Subd. 3.

Long lots. Lots platted with length greater than four times width shall be prohibited.

Subd. 4.

Water courses. Lots abutting upon a watercourse, drainage way, channel or stream shall have an additional depth or width, as required, to ensure house sites that are not subject to flooding, inadequate drainage or ground water which interferes with water supply or sanitary sewer.

Subd. 5.

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

Subd. 6.

Remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots.

Subd. 7.

Outlots. All outlots, as defined herein, are prohibited.

Subd. 8.

Driveways. A subdivision shall not be approved if any lot will be served by more than one driveway or access unless the applicant demonstrates that additional driveways or accesses are necessary for use of the lot and not merely convenient or desired.

(Added, Ord. No. 2005-08, § 5)

Where the official map designates land for future public use and such land lies, in whole or in part, within the proposed subdivision or division, and such land is not yet dedicated to the appropriate public body, such land shall be reserved and no action taken toward approval of the subdivision or division for a period not to exceed six months after final action as required hereunder, to allow the appropriate public body the opportunity to consider and take action to acquire such land in accordance with Minn. Stats. § 462.359.

Subd. 1.

Improvements listed and described. Prior to the approval of a final plat by the city council, the subdivider shall have agreed in the manner set forth in subsection 500.65 to install the following improvements on the site in conformity with construction plans approved by the engineer and in conformity with all applicable standards and ordinances of the city.

Subd. 2.

Monuments. Monuments of a permanent character, approved by the county surveyor, shall be placed in locations on the boundary of the subdivision and within it as required.

Subd. 3.

Street improvements. All streets within subdivisions shall be constructed with adequate grading, base and asphalt surfacing in accordance with the Independence street specifications, a copy of which is set forth in appendix III hereto.

Subd. 4.

Street name signs. Street name signs, which conform to current municipal, county or State of Minnesota highway standards, shall be placed at all street intersections within or abutting the subdivision, as required by the city council upon recommendation of the city engineer.

Subd. 5.

Stop signs. Stop signs, which conform to current State of Minnesota highway standards, shall be placed on all streets intersecting a through street or collector street, as required by the city council upon recommendation of the city engineer.

Subd. 6.

Drainage facilities. Such storm sewers and drainage facilities shall be constructed upon dedicated easements as will conform to the drainage plans required by the city council upon recommendation of the city engineer for the drainage of surface and excess ground waters.

The required improvements to be furnished and installed by the subdivider, which are listed and described in subsection 500.61 are to be furnished and installed at the sole expense of the subdivider and at no expense to the city.

Subd. 1.

Agreement. Before a final plat is approved by the city council, the owner and subdivider of the land covered by said plat shall execute and submit to the city council an agreement approved by the city attorney, to make and install all improvements required to be installed under the provisions of this section, in accordance with the plans and specifications therefor to be approved by the city engineer.

Subd. 2.

Bond. The agreement shall be accompanied by a performance bond or other financial guarantee to be approved by the city attorney, in an amount equal to 1½ times the city engineer's estimated costs of said improvements. The performance bond or financial guarantee shall be conditioned upon:

(a)

The making and installing of the improvements required under the terms of this section within the time limit approved by the city council.

(b)

Completion of the work undertaken by the subdivider in accordance with the development contract.

(c)

The payment by the owner or subdivider to the city of all expenses of the city for the approval of plans and specifications of the improvements required under the terms of this section and the inspection of construction by the city engineer. If a cash escrow agreement is submitted, such agreement shall provide that payments therefrom for the improvements shall be made only on the joint order of the subdivider and the city, and the agreement shall further provide that in the event the required improvements are not completed within the time period, all amounts held under the escrow agreement shall be turned over and delivered to the city and applied by the city to the cost of the required improvements. If the funds available are not sufficient to complete the required improvements, the necessary additional cost shall be assessed against the subdivision. Any balance remaining in escrow fund after such improvements have been made shall be returned to the owner or subdivider.

All required improvements to be installed under the provisions of this section shall be inspected at the subdivider's expense during the course of construction. Such inspection shall be by the city engineer or an inspector appointed by the city council.

Construction plans for the required improvements conforming in all respects with the standards of the engineer and this Code of the city, shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Minnesota, and said plans shall contain engineer's seal. Such plans together with the quantities of construction items shall be submitted to the engineer for approval and for an estimate of the total cost of the required improvements; upon approval they shall become a part of the contract required in subsection 500.65. The tracings of the plans approved by the engineer plus two prints shall be furnished to the city to be filed by the city clerk-treasurer as a city record.

Improvements within a subdivision which have been completed prior to application for approval of the final plat or execution of the contract for installation of the required improvements shall be accepted as equivalent improvements in compliance with the requirements of subsection 500.61 only if the engineer shall certify satisfaction that the existing improvements conform to applicable city standards.

The subdivider shall reimburse the city for all engineering consulting fees, planning consulting fees, inspection fees and fees for legal services reasonably incurred by the city in processing a subdivision application under the terms of this section.

The planning commission may recommend and the city council may grant variances from the literal provisions of this section in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. Any person requesting a variance shall appear at all planning commission meetings and city council meetings where such application is considered and provide to the planning commission and the city council such maps, drawings, plans, records and other information necessary to make a determination on the application. It is the responsibility of the applicant to demonstrate that all of the following standards for variance have been met. Undue hardship can be found on the bases of the following:

(a)

Because of the particular physical surroundings, shape, or topographic conditions of the specific parcels of land involved, a particular hardship to the owner would result if the strict letter of this section were carried out.

(b)

The conditions upon which the application for variance is based are unique to the parcel of land for which the variance is sought and are not common to other properties within the city.

(c)

The hardship is related to the requirements of these regulations and has not been created by any persons presently or formerly having an interest in the parcel of land.

(d)

The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located.

The planning commission may recommend and the city council may impose such conditions and restrictions in the granting of variances which will ensure compliance with the provisions of this section, will further and protect the spirit and intent of this section and will provide protection to the public.

Application for any variance shall be made in writing by the subdivider at the time the preliminary plat is considered by the planning commission. Said application shall set forth all facts relied upon by the applicant in requesting the variance. Any variance granted shall be passed in resolution form setting forth the reasons which justify the variance and entered on the minutes of the city council meeting.

Copies of all such plats of subdivision, after the same have been submitted and approved as provided in this section, shall be filed with the county recorder and kept by the city clerk-treasurer among the city records.

Subd. 1.

Purpose. In order to preserve areas of natural beauty such as marshes, streams and ponds; and in order to establish public parks, playgrounds, and open spaces, the provisions set forth in this subsection shall be applicable.

Subd. 2.

Dedication of public lands. In every plat, "division, large lot" (as defined by section 500.03, subdivision 4), "division, simple lot" (as defined by section 500.03, subdivision 5), and subdivision of land allowing development for residential, commercial or industrial uses, land lying within such plat, "division, large lot," "division, simple lot" or other subdivision, shall be dedicated by the owners thereof to the general public for lake access, park and playground purposes, public open space or trails, in accordance with the city's fee schedule.

(Amended, Ord. No. 93-03, § 1; Ord. No. 98-06, § 1; Ord. No. 2005-01)

The city may determine the location and configuration of any land dedicated, taking into consideration its suitability for its intended purposes and how it will best serve the public and future need of the community for such purposes. Where the owner provides for public use, neighborhood park amenities such as, but not limited to, tennis courts, ballfields, trails, open space or other recreational facilities, the city will credit the amount of such land to be dedicated or the cash contribution in lieu of such dedication by an amount equivalent to the costs of the facilities provided.

In accordance with the city's fee schedule, the city shall have the option to require cash contribution in lieu of dedicated land or to require a part of the land and the balance of the land value in cash. Any money so paid to the city shall be placed in a special fund and used only for the acquisition of land for parks and playgrounds or the development of existing park and playground sites or debt retirement in connection with land previously acquired for parks and playgrounds, and interest on the aforementioned special fund may be used for financing recreational programs within or outside the city which will benefit the citizens of the city.

(Amended, Ord. No. 2005-01)

Prior to the dedication, transfer or conveyance or any real property or interest therein to the city as provided herein, the subdivider shall deliver to the city an opinion addressed to the city by an attorney, and in a form acceptable to the city, as to the condition of the title of such property or in lien of a title opinion, a title insurance policy insuring the condition of the title of the property or interest therein in the city. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by subdivider to city shall vest in city good and marketable title, free and clear of any mortgages, liens, encumbrances, or assessments.

Rearrangements or combinations of lots which do not result in any increase in the number of buildable lots shall not be subject to the fees imposed by this subdivision. When a plat, "division, large lot," "division, simple lot," or other subdivision of land includes a parcel on which the developer's homestead is located, the land dedication requirements or fees imposed by this subdivision shall not be applied to the parcel on which said homestead is located.

(Revised 7-90; Amended, Ord. No. 93-03, § 1; Ord. No. 98-06, § 1; Ord. No. 2005-01)