Lindstrom City Zoning Code

CHAPTER 152

SUBDIVISIONS

§ 152.01.11 PURPOSE.

The purpose of this chapter is to protect and provide for the public health, safety, and general welfare of the city and its people, and to specifically achieve the following purposes:

(A) The implementation of the Comprehensive Plan;

(B) The subdivision of land in an orderly manner which provides for the wise use and management of land and natural resources throughout the city; and

(Ord. 20220120-01, passed 1-20-22)

§ 152.01.12 TITLE.

This chapter shall be known as the “City Subdivision Chapter,” except as referred to herein, where it shall be known as “this chapter.”

(Ord. 20220120-01, passed 1-20-22)

§ 152.01.13 APPLICABILITY.

(A) The rules and regulations governing plats and subdivisions of land contained herein shall apply within the corporate limits of the City of Lindstrom and within the extraterritorial review boundary established in the extraterritorial review boundary map, as may be amended from time to time.

(B) The provisions of this chapter relate to any division of a tract of land into one or more parcels by platting, replatting, conveyance, registered land survey, or other means.

(Ord. 20220120-01, passed 1-20-22)

§ 152.01.14 EFFECTIVE DATE AND AUTHORITY TO ADOPT.

(A) The effective date of this chapter is January 20, 2022. This chapter hereby supersedes and replaces in its entirety, Chapter 153 of the Lindstrom, Minnesota Code of Ordinances on the effective date hereof.

(B) The authority to adopt this chapter within the City of Lindstrom is derived from M.S. Chapter 462, including but not limited to § 462.358, as well as other applicable state statutes and rules. In the event of a conflict or inconsistency between the provisions contained in this chapter and state statutes or rules, state statutes and rules shall govern, unless such state statutes or rules provide otherwise.

(Ord. 20220120-01, passed 1-20-22)

§ 152.01.21 RELATIONSHIP TO COMPREHENSIVE PLAN.

The Comprehensive Plan for the City of Lindstrom or “Comprehensive Plan,” including amendments adopted by the City Council, is the guiding policy document for the city. A primary intent of this chapter is to implement the goals and objectives of the Comprehensive Plan while remaining consistent with all applicable requirements of federal and state laws.

(Ord. 20220120-01, passed 1-20-22)

§ 152.01.22 CONFLICTING REGULATIONS OR PROVISIONS.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements. Wherever this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules, regulations, or ordinances, the provisions of this chapter shall govern except as otherwise provided in state statutes or rules.

(Ord. 20220120-01, passed 1-20-22)

§ 152.01.23 SEVERABILITY.

The provisions of this chapter are severable. If any provision of this chapter, or application of any provision of this chapter to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this chapter shall not be affected thereby.

(Ord. 20220120-01, passed 1-20-22)

§ 152.02.11 APPLICATION.

The following land subdivision principles, standards and requirements will be applied by the city in evaluating plans for proposed subdivisions:

(A) Where literal compliance with the standards herein specified is clearly impractical, upon recommendation of the Planning Commission, or, in the absence of the recommendation, at its own discretion, the City Council may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of these regulations, including the issuance of a variance, if appropriate, as provided herein.

(B) The proposed subdivision shall conform to the Comprehensive Plan of the city.

(Ord. 20220120-01, passed 1-20-22)

§ 152.02.12 LAND REQUIREMENTS.

(A) Land shall be suited to the purpose for which it is to be subdivided. No preliminary plans shall be approved if the site is not suitable for purposes of the kind proposed by reason of potential flooding, topography, adverse earth or rock formation, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or of the community.

(B) Land subject to hazards to life, health, or property shall not be subdivided for residential purposes until all hazards have been eliminated or unless adequate safeguards against the hazards are provided by the subdivision plan.

(C) No parcel of land or portion thereof shall be subdivided if such action results in buildings and/or uses becoming non-conforming.

(D) Proposed subdivisions shall be coordinated with existing nearby municipalities or neighborhoods so that the community as a whole may develop harmoniously.

(Ord. 20220120-01, passed 1-20-22)

§ 152.02.13 WETLAND, SHORELAND, AND FLOODPLAIN AREAS.

(A) Where the subdivision of a lot or tract of land contains watercourse, floodable areas, or wetlands the land shall at the city’s option be:

(1) Dedicated to the city as a park, parkway, open space, outlot, or other public use;

(2) Carried in a private easement in the individual deeds affected with no allowance for building construction therein; or

(3) Developed in accordance with a plan setting forth provisions for sediment control, water management, maintenance of landscaped features and indicating any change which will be made in the natural condition of the earth and its effect, if any, upon watercourses, lakes, streams, wetlands, and drainage ways.

(B) The Planning Commission and City Council shall review the option selected and approve or disapprove the dedication, private easement or development plan. In no case shall land be subdivided which is held unsuitable by the city or the Commissioner of the State Department of Natural Resources for the proposed use because of flooding, inadequate water supply or sewage disposal capabilities or any other feature likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the city.

(C) If located within the Shoreland Overlay District and no central sewer is available, a final plat shall not be approved until the subdivider has submitted data from percolation tests and soil borings which ensure that each lot in the subdivision has a suitable location and adequate area for the installation of an on-site disposal system that meets the requirements of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

(D) A buffer strip shall be maintained around the perimeter of all wetlands meeting the requirements listed in the Public Works Design Manual.

(Ord. 20220120-01, passed 1-20-22)

§ 152.02.21 BLOCKS.

(A) Blocks shall not be greater than 1,200 feet in length, except if necessary due to unusual topographic conditions, water frontage, or other circumstances.

(B) In residential areas, blocks longer than 600 feet shall be provided with ten foot pedestrian ways in locations deemed necessary for public welfare, health, safety, or ease of use. Suitable easements, setbacks, paving, landscaping, or fencing may be required.

(C) Blocks for commercial and industrial areas may vary from the elements of design contained in this section if the nature of the use requires other treatment. In such cases, off-street parking for employees and customers shall be provided along with safe and convenient limited access to the street system. Space for off-street loading shall also be provided with similar access. Extension of roads, railroad access right-of-way and utilities shall be provided as necessary.

(D) Blocks shall be wide enough to allow two tiers of lots, except lots adjoining a lake, stream, railroad, or arterial, or where one tier of lots is necessary because of topographic conditions.

(Ord. 20220120-01, passed 1-20-22)

§ 152.02.22 LOTS.

(A) General requirements.

(1) A lot’s dimensions, shape, and size shall conform to the requirements listed in Chapter 151 Zoning.

(2) Lots designed for commercial or industrial purposes shall provide adequate area for off-street service, loading, stacking spaces, and parking facilities.

(3) Lots designed for residential purposes shall take the following into consideration:

(a) Corner lots shall be platted wider than interior lots to permit appropriate building setback from both streets as required by Chapter 151 Zoning.

(b) Butt lots should be avoided when possible. Where butt lots must be used, they shall be platted at least five feet wider than the average width of interior lots in the block.

(c) Lots abutting upon a water course, drainage way, channel, or stream shall have an additional depth or width, as required to assure house sites that are not subject to flooding.

(d) Irregular shaped lots are discouraged. Where such lots are proposed the development shall demonstrate to the city an ability to properly place principal buildings and accessory structures on the site in a manner that is compatible in size and character to the surrounding area.

(4) Lots with lakeshore frontage shall be designed so that the lot lines extended shall maintain the closest approximation to riparian rights.

(5) In the subdividing of any land, regard shall be shown for all natural features, such as tree growth, water courses, historic spots, or similar conditions, which if preserved will add attractiveness and stability to the proposed development.

(6) All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, dedicated to the public, owned with specified restrictions by a homeowner association or comparable association as allowed by M.S. Chapter 515B, or dedicated as an outlot with specific restrictions.

(7) In case a tract is divided, and the subdivision results in parcels of more than twice the minimum lot size provided for by Chapter 151 Zoning for the zoning district in which the land is located, then a build out plan may be required showing potential and feasible ways in which the lot or lots may be re-subdivided in future years for more intensive use of the land. The placement of buildings or structures upon these lots must allow for potential subdivision.

(B) Lot size.

(1) Lots served with a central sewer system shall have a minimum lot size, as outlined within Chapter 151 Zoning.

(2) Lots with individual or private sewage disposal system shall have a minimum lot size as recommended by the Minnesota Pollution Control Agency in accordance with state regulations, as amended.

(3) Lots abutting upon a water course, drainage way, channel, or stream shall have an additional depth or width, as required to assure house sites that are not subject to flooding.

(4) All lots fronting or abutting on arterials and collectors shall be platted with additional depth necessary to provide for larger setbacks from such traffic ways.

(5) Excessive depth in relation to lot width shall be avoided. (A proportion of three to one shall normally be considered as appropriate, except in the case of narrow lots).

(6) Corner lots shall be platted at least 15 feet wider than interior lots.

(7) Butt lots shall be platted at least five feet wider than the average width of interior lots in the block. Their use shall be avoided when possible.

(1) Side lot lines shall be substantially at right angles or straight road lines or radial to curved road lines or radial to lake or stream shores unless topographic conditions necessitate a different arrangement.

(2) Each lot shall front upon a public right-of-way or ingress easement.

(3) Through lots or double frontage lots shall be avoided when possible. When such lots cannot be avoided, an additional 20 feet shall be required to allow for screen planting along the rear lot line.

(Ord. 20220120-01, passed 1-20-22)

§ 152.02.31 EASEMENTS.

(A) Easements.

(1) Easements having a minimum width of ten feet shall be provided along the side or rear lot lines as required for utility lines and underground mains and cables.

(2) For lots abutting public right-of-way where the right-of-way width is less than the minimum width specified herein or in the Public Works Design Manual, an easement having a minimum width of ten feet shall be provided along the street side lot line.

(3) Utility easements shall connect with easements established in adjoining properties. All utility easements should be reviewed by the city Public Works Department. Where feasible, all utilities shall be placed underground.

(4) Where a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a floodage easement or drainage right-of-way conforming substantially with the 100-year high water elevation of the water course.

(B) Pedestrian walkway easements with right-of-way of not less than ten feet in width for a sidewalk or 20 feet in width for a multi-use trail shall be required where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation, and other community facilities as required by the City Council.

(Ord. 20220120-01, passed 1-20-22)

§ 152.02.32 UTILITIES.

(A) Extensions of the public water supply system shall, when available, be designed so as to provide public water service to each lot.

(B) Water supply for all areas shall be designed to meet regulations and recommended standards of the city and the Minnesota Department of Health.

(C) Where connection with a public water system is feasible and within 100 feet of the subject parcel, the public water facilities shall be utilized.

(D) When the subdivision is located within the service area of a public water supply system, water mains not less than eight inches in diameter shall be constructed throughout the entire subdivision in such a manner as to serve adequately all lots and tracts with connection to the public system together with shut-off valves and fire hydrants at intervals of not greater than 400 feet.

(E) Extensions of the public sanitary sewer system shall, when available, to designed so as to provide sewer service to each lot.

(F) Sewerage for all subdivisions shall be designed to meet regulations and standards of the city and the Minnesota Pollution Control Agency. Where connection with a central sewer system is feasible, the central sewer facilities shall be utilized.

(G) In subdivisions where municipal water and sewer services are not presently available, the City Council may require that the lots in the subdivision be consistent with the requirements for lots with central sewer, as set forth in § 152.02.22(B), and that the developer convey two or more lots for the purpose of transfer of ownership or building development, and further that any building development be confined to one of the multiple lots conveyed. At the time as municipal sewer service becomes immediately available, and upon connection of the existing building development to same, the undeveloped lots may be conveyed to other persons or entities and building development may be permitted on same.

(H) All utility service lines shall be placed underground and within easements or dedicated rights-of-way. All drainage and other utility installations which traverse privately owned property shall be protected by and subject to proper easements and/or legal agreements.

(Ord. 20220120-01, passed 1-20-22)

§ 152.02.41 ROAD SYSTEM.

(A) Streets shall be designed to comply with the standards set forth in the city’s Public Works Design Manual, standard specifications, and details.

(B) Proposed roads shall conform to the state, county and/or city plans as have been prepared, adopted and/or filed as prescribed by law.

(C) Roads shall be logically related to the topography so as to produce usable lots and reasonable grades. Access shall be given to all lots and portions of the tract in the subdivision, and to adjacent unsubdivided territory unless the topography clearly indicates that the connection is not feasible. Reserved strips and land-locked areas shall not be created. Wherever a tract to be subdivided borders an existing half or partial road, the other part of the road shall be platted within the tract.

(D) If adjoining areas are not subdivided, but may be subdivided in the future, the arrangement of streets must 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.

(E) Streets shall not be arranged in a way that will cause undue hardship to owners of adjoining property.

(F) Local roads shall be laid out to discourage their use by through traffic.

(G) Where possible, arterials shall be protected for use by service roads or marginal access roads.

(H) Cul-de-sac streets are discouraged when through streets are practical. Cul-de-sac streets shall be no longer than 500 feet, unless otherwise approved by the City Council at the recommendation of the City Engineer due to topography, water, or other circumstances.

(I) In those instances where a street is terminated pending future extension in conjunction with future subdivision, and there is more than 200 feet or two dwelling units accessed between the dead end and the nearest intersection, a temporary turnaround that meets the following requirements shall be placed at the closed end:

(1) The temporary cul-de-sac must be placed inside a temporary roadway easement if it is located outside of street right-of-way.

(2) The temporary cul-de-sac shall be paved with bituminous within one year of construction. Other surfaces may be considered and allowed by the Zoning Administrator on a case by case basis.

(3) The developer shall submit a cash escrow in an amount determined by the City Engineer for the removal of the temporary cul-de-sac and restoration of the area, limited to placement of sod and asphalt driveway within the temporary roadway easement.

(4) Temporary “dead-end” public streets associated with providing access for future extension to and through adjacent undeveloped property require concrete curb and gutter installation. Temporary dead-end streets that will be extended as part of a future phase of a development shown on an approved preliminary plat do not require concrete curb and gutter along the radius of the cul-de-sac.

(J) In the platting of small tracts of land fronting on limited access highways or arterials where there is no other alternative, a temporary entrance may be granted with an interim use permit. As neighboring land becomes subdivided and more preferable access arrangements become possible, the interim use permit shall become void.

(K) Access of local streets or driveways onto state and county state aid highways shall not be permitted at intervals of less than 500 feet.

(L) Intersections.

(1) The angle formed by the intersecting of streets shall not be less than 60 degrees with 90-degree intersections preferred.

(2) Intersections of more than four corners shall be prohibited.

(3) Constructed roadways of street intersections shall be rounded by a radius of not less than 20 feet.

(M) Concrete curb and gutter shall be included as a part of the required street surface improvement and shall be designed for installation along both sides of all roadways.

(Ord. 20220120-01, passed 1-20-22)

§ 152.02.51 SIDEWALK DESIGN.

(A) Sidewalks are required on at least one side of every local street. Sidewalks are not required along a cul-de-sac but may be required to extend between residential properties at the end to connect to an adjacent neighborhood.

(B) Sidewalks must be placed in public right-of-way or easement in favor of the city.

(C) Sidewalks shall be at least six feet in width and meet specifications set forth by the Public Works Design Manual or City Engineer, including accessibility requirements.

(Ord. 20220120-01, passed 1-20-22)

§ 152.02.52 TRAIL DESIGN.

(A) Multi-use trails shall be required on one side of all collector and arterial roadways. Where a sidewalk already exists on a collector or arterial roadway, the City Council shall determine whether a sidewalk or a trail shall be installed.

(B) Multi-use trails shall be placed in public right-of-way or easement in favor of the city.

(C) Multi-use trails shall be at least ten feet in width and meet specifications set forth by the Public Works Design Manual or City Engineer, including accessibility requirements.

(Ord. 20220120-01, passed 1-20-22)

§ 152.02.61 DRAINAGE.

(A) A complete and adequate drainage system design may be required for the subdivision and shall include a storm sewer system or a system of open ditches, culverts, pipes and catch basins, or both systems.

(B) Plans for surface water runoff and drainage shall be reviewed by the City Engineer, prior to final plat approval.

(C) The subdivision should be so designed for the drainage system to utilize, to the greatest extent possible, existing natural overland flows, open channel and drainage routes.

(D) The drainage system shall be constructed and operational during the initial phase of construction.

(E) Roads and lots shall be graded to secure proper drainage.

(F) Surface water drainage shall be provided by storm sewers or drainage courses adequate to drain surface water from the subdivision and protect roadway pavements.

(G) Drainage courses. Where stormwater from adjacent areas naturally passes through a subdivision, adequate provision shall be included in the subdivision for facilities to safely route the stormwater through the subdivision to its natural outlet or to maintain or replace the natural water course.

(Ord. 20220120-01, passed 1-20-22)

§ 152.02.62 SOIL EROSION AND STEEP SLOPES.

(A) A minimum of four inches of topsoil shall be placed and vegetation shall be re-established to minimize soil erosion.

(B) No construction or grading shall be allowed on slopes greater than 20%. The subdivider may dedicate steep slopes to an officially recognized homeowner association or comparable association.

(C) During and after construction, slopes shall be protected from erosion by quick establishment of vegetative cover, benches, terraces, mulches, or other proper protection devices or practices. Stands of existing vegetation adequate to control erosion should be preserved wherever possible.

(D) The City Council may require that a sufficient bond be posted and payable to the city for use in correcting problems on public or private lands caused by erosion and runoff from the development during the construction phase. The bonds shall be maintained until completion of the development or until the City Engineer shall certify that sufficient vegetative cover has been re-established and other measures have been taken to protect the development site to the approximate extent existing before vegetation removal, land shaping, and improvement construction were commenced.

(Ord. 20220120-01, passed 1-20-22)

§ 152.02.71 GENERAL STANDARDS.

(A) As authorized by law, the City Council shall require as a condition of subdivision approval for all tracts, lots or parcels created within the jurisdictional boundaries of this chapter that a reasonable percentage of the final gross area of the subdivision be dedicated to the public for public use as parks, playgrounds, trails and public open space or, at the City Council’s discretion, that the subdivider contribute an equivalent amount in cash in lieu of the dedication of land, or combinations thereof. The final form and amount of the dedication or contribution shall be determined solely by the city based upon the conditions outlined below.

(B) In single-family and multiple-family residential subdivisions, the subdivider shall:

(1) Pay the city a fee equal to the number of residential units available in the subdivision times the per lot charge set by resolution of the City Council;

(2) Dedicate land selected solely by the city as to its location and configuration, in an amount equal to 7% of the total gross acreage of the land proposed to be subdivided; or

(3) Any combination of subsections (B)(1) and (B)(2) of this section as determined by City Council.

(C) In nonresidential subdivisions, the subdivider shall dedicate an amount equal to the quotient arrived at by making the following calculations:

(1) Divide the total square footage of the non-public portion of the subdivision by the minimum square footage for a standard residential lot within the city as set by ordinance; and

(2) Multiply that amount by the per lot charge referred to in subsection (A) of this section.

(D) It shall be deemed to be in the public interest to require said contribution for public sites and open space when the Council, after review and recommendation, makes one or more of the following findings of fact:

(1) In establishing the reasonable portion of each proposed subdivision to be dedicated to the public for public use as provided above, the City Council may take into consideration the open spaces, parks, recreational or common areas and facilities which the subdivider has proposed for the exclusive use of the residents or occupants of the subdivision.

(2) The contribution is necessary in order to protect adjacent land uses from potential conflicting land uses which could exist on the land to be subdivided.

(3) The increased number of residents to reside or to be employed within the subdivision will increase the recreational demands upon the city.

(4) The contribution is necessary to provide proper surface water runoff generated by the uses proposed within the subdivision.

(5) The land proposed to be subdivided contains or borders upon existing unique topographical features including, but not limited to ponds, lakes, streams, timber stands, water holding areas, hills, steep slopes, drainage areas, or bluffs which should be preserved to prevent foreseeable safety, pollution or erosion hazards.

(6) The contribution furthers the goals policies and programs of the city.

(E) In subdivisions which include outlots, the subdivider shall pay a fee equal to the fee charges for a buildable lot, as described in subsection (A) of this section. When the outlot is then subsequently subdivided, the charges applicable at the time of subdivision approval shall apply, less the amount earlier tendered.

(F) All monies collected under this section shall be placed in a special fund. The funds may only be used to purchase park property and park infrastructure improvements.

(G) Upon petition by the subdivider, the Council may approve a delay in the actual contribution of the cash required in lieu of land until the time as development occurs on the property being subdivided provided that a proper legal agreement is executed guaranteeing the contribution. Delayed contribution payment shall include 8% interest per year. In such cases where the subdivider is required to dedicate land area, the city shall have the right to determine the geographic location and configuration of the dedication. The suitability of the land proposed to be dedicated shall be determined by reference to the following criteria:

(1) Whether the land is reasonably located and suited for its intended use;

(2) Whether land has frontage on public streets;

(3) Size, shape, topography, geology, hydrology, tree cover, access, and location; and

(4) Consistency with the Comprehensive Plan.

(H) As part of the subdivision approval, the applicant shall be responsible for making certain improvements to land dedicated for park, trail, and public open space purposes, including, but not limited to, finish grading, ground cover, construction of trails, and clearly identifying park and trail boundaries with city-approved markers.

(Ord. 20220120-01, passed 1-20-22)

§ 152.03.11 PURPOSE.

Improvements are required in order to protect the public health, safety, convenience, and general welfare of the population by providing greater assurance to public health, assuring reliability of water supply, and providing more effective firefighting through hydrants.

(Ord. 20220120-01, passed 1-20-22)

§ 152.03.12 IMPROVEMENTS REQUIRED.

The city may require the following improvements of any development:

(A) All subdivision boundary corners, block and lot corners, road intersection corners, and points of tangency and curvature shall be marked with survey monuments meeting the minimum requirements of state law. All federal, state, county and other official bench marks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position unless a relocation is approved by the controlling agency;

(B) Drainage system;

(D) Streets;

(E) Street lighting;

(F) Street name signs;

(G) Traffic control signs;

(H) Tree planting;

(I) Utilities;

(J) Over-sized utility trunk lines; and

(K) Other improvements not listed.

(Ord. 20220120-01, passed 1-20-22)

§ 152.03.13 INSTALLATION; PAYMENT.

(A) The required improvements to be furnished and installed by the subdivider, which are listed and described, are to be furnished and installed at the sole expense of the subdivider.

(B) In the case of an improvement for which the cost would be divided between an assessment of the improved property and general levy funds, provision may be made for payment of a portion of the cost by the city.

(C) Improvement costs shall include all construction costs incurred in making the improvements, all expense incurred by the city for engineering, planning and legal fees, and all other expense in connection with the making of the improvements.

(Ord. 20220120-01, passed 1-20-22)

§ 152.03.14 REQUIRED AGREEMENTS; PROPER INSTALLATION.

(A) Prior to installation of any required improvements and prior to approval of the final plat, the subdivider shall enter into a development contract in writing with the city requiring the subdivider to furnish and construct the improvements at his or her sole cost and in accordance with plans and specifications and usual contract conditions.

(B) The development contract shall include provision for supervision of details of construction by the City Engineer and grant to the City Engineer authority to correlate the work to be done under the development contract by any subcontractors authorized to proceed thereunder and with any other work being done or contracted by the city in the vicinity.

(C) The developer shall provide to the city a written warranty that all required improvements on the site meet or exceed all city standards and that such improvements have been inspected and tested in regards to the city standards. The developer is responsible for having all such inspections and testing completed at their expense.

(D) The developer shall be required to maintain all improvements and provide for snow removal and maintenance of streets, if required, until acceptance of said improvements by the City Council in coordination of the development contract.

(Ord. 20220120-01, passed 1-20-22)

§ 152.03.15 CONSTRUCTION PLANS.

(A) Construction plans for the required improvements conforming in all respects with the standards of the City Engineer and the ordinances of the city shall be prepared or approved at the subdivider’s expense by a professional engineer who is registered in the state and the plans shall contain his or her seal. The plans, together with the quantities of construction items and estimate of total costs, shall be submitted to the City Engineer for his or her approval.

(B) Upon approval, they shall become a part of the contract required.

(C) The construction plans approved by the City Engineer and marked “For Construction” plus two prints shall be furnished to the city to be filed by the City Engineer as a record.

(Ord. 20220120-01, passed 1-20-22)

§ 152.03.16 INSPECTION.

All required improvements on the site that are to be installed under the provisions of this chapter shall be inspected during the course of construction by the City Engineer, Zoning Administrator, or Building Inspector.

(Ord. 20220120-01, passed 1-20-22)

§ 152.03.17 IMPROVEMENTS COMPLETED PRIOR TO APPROVAL.

Improvements within a subdivision which have been completed prior to application for approval of the final plat shall be accepted as equivalent improvements in compliance with the requirements only if the City Engineer certifies that he or she is satisfied that the existing improvements conform to applicable standards.

(Ord. 20220120-01, passed 1-20-22)

§ 152.03.18 INCOMPLETE IMPROVEMENTS.

In the event of small subdivisions or in subdivisions in which development may proceed slowly, or in other events in which the provision of surfaced streets, utility lines or other improvements is clearly not feasible immediately following approval of the final plat, the city may elect to commence assessment proceedings, utilize funds of a cash escrow agreement, or otherwise move to finance and install improvements when the subdivision is developed to the point of warranting the improvements.

(Ord. 20220120-01, passed 1-20-22)

§ 152.03.19 UTILITY CHARGES.

The following utility area and unit connection charges shall be collected with any new subdivisions and housing units in accordance with the public improvement financing policy of the City of Lindstrom, as may be amended:

(A) Sewer availability charges (SAC); and

(B) Water availability charges (WAC).

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.11 PURPOSE.

The general purpose of this Division is to establish regulatory requirements for land development and land disturbing activities within the city in order to minimize the threats to public health, safety, public and private property, and natural resources from construction site erosion and post-construction stormwater runoff. The following performance goals are established for all development under this Division:

(A) Meet minimum impact design standards (MIDS) performance goals;

(B) Assist in meeting construction stormwater general permit requirements;

(C) Assist in meeting total maximum daily load (TMDL) plan wasteload allocations for impaired waters through quantification of load reductions;

(D) Protect life and property from dangers associated with flooding and maintain or decrease the incidence and levels of flooding;

(E) Protect public and private property and natural resources from damage resulting from stormwater runoff and erosion;

(F) Ensure the annual stormwater runoff rates and volumes from post development site conditions mimic and/or reduce the annual runoff rates and volumes from predevelopment site conditions;

(G) Minimize the generation of stormwater runoff and maximizes pervious areas for stormwater treatment;

(H) Protect water quality from pollutant loadings of sediment, suspended solids, nutrients, heavy metals, toxins, debris, bacteria, pathogens, biological impairments, thermal stress, and other pollutants;

(I) Promote infiltration and groundwater recharge;

(J) Provide vegetated corridors (buffers) to protect water resources from development;

(K) Protect functional values of all types of natural waterbodies (e.g., rivers, streams, wetlands, lakes, seasonal ponds); and

(L) Protect, sustain or enhance biodiversity (native plant and animal habitat) and support riparian ecosystems.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.12 STATUTORY AUTHORIZATION.

(A) This Division is adopted pursuant to the authorization and policies contained in M.S. Chapter 103B and 462; Minn. Admin. Rules pts. 6120.2500 - 6120.3900; and Minn. Admin. Rules Ch. 8410 and 8420, as amended from time to time.

(B) This Division is intended to meet the current construction site erosion and sediment control and post-construction stormwater management regulatory requirements for construction activity and small construction activity (NPDES Permit) as defined in 40 C.F.R. pts. 122.26(b)(14)(x) and (b)(15), respectively.

(C) This Division is intended to meet the Minimal Impact Design Standards (MIDS) developed under M.S. § 115.03 Subd. 5c, as amended from time to time.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.13 APPLICABILITY.

(A) Land shall not be developed for any use without having provided stormwater management measures and erosion and sediment control measures that control or manage stormwater runoff from such developments.

(B) The city shall require that a stormwater pollution prevention plan (SWPPP) or an erosion and sediment control (ESC) plan be completed, submitted for review, and approved by the city. Applicants will complete either a SWPPP or an ESC plan, but not both, as described in subsections (B)(1) and (B)(2) of this section.

(1) An approved stormwater pollution prevention plan (SWPPP) shall be required prior to any proposed land development activity that meets any of the criteria in subsections (B)(1)(a) through (B)(1)(e) of this section, unless otherwise exempted in § 152.04.14:

(a) Any land development activity that may ultimately result in the disturbance of one or more acres of land, including smaller individual sites that are part of a common plan of development that may be constructed at different times [NOTE: A construction stormwater general permit from the MPCA is also required if one or more acres of land will be disturbed];

(b) Land development activity involving discharges to an impaired water as described in the TMDL 303(d) list;

(d) The construction of any new public or private road; or

(e) Any land development activity, regardless of size, that the city determines is likely to cause an adverse impact to an environmentally sensitive area or other property.

(2) An approved erosion and sediment control (ESC) plan shall be required prior to any proposed land disturbing activity that meets any of the criteria in subsections (B)(2)(a) through (B)(2)(d) of this section, unless otherwise exempted in § 152.04.14:

(a) Disturbs a total land surface area of between 3,000 square feet and one acre;

(b) Involves excavation or filling, or a combination of excavation and filling, in excess of 25 cubic yards of material;

(c) Involves the laying, repairing, replacing, or enlarging and/or boring of an underground utility, pipe or other facility, or the disturbance of road ditch, grass swale or other open channel for a distance of 300 feet or more [NOTE: A right-of-way excavation permit from the City of Lindstrom, Chisago County, or State of Minnesota may be required for work within the public right-of-way];

(d) A land disturbing activity, regardless of size, that the city determines is likely to cause an adverse impact to an environmentally sensitive area or other property, or may violate any other erosion and sediment control standard set forth in this Division.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.14 EXEMPTIONS.

The following activities shall be exempt from all of the requirements of this Division:

(A) Emergency work necessary to protect life, limb, or property, and emergency repairs. If a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the city's requirements as soon as possible.

(B) Routine agricultural activity such as tilling, planting, harvesting, and associated activities. Other agricultural activities are not exempt including activities such as construction of structures.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.21 DESIGN CRITERIA.

(A) Site design process.

(1) Whenever possible, new development projects shall be designed using the “better site design techniques” of the current version of the Minnesota Stormwater Manual available at: http://stormwater.pca.state.mn.us/index.php/Better_site_design.

(2) Better site design involves techniques applied early in the design process to preserve natural areas, reduce impervious cover, distribute runoff and use pervious areas to more effectively treat stormwater runoff. Site design should address open space protection, impervious cover minimization, runoff distribution and minimization, and runoff utilization through considerations such as:

(a) Open space protection and restoration:

1. Conservation of existing natural areas (upland and wetland);

2. Reforestation;

3. Re-establishment of prairies;

4. Restoration of wetlands;

5. Establishment or protection of stream, shoreline and wetland buffers; and

6. Re-establishment of native vegetation into the landscape.

(b) Reduction of impervious cover:

1. Reduce new impervious cover through redevelopment of existing sites and use of existing roadways, trails, etc.;

2. Minimize street width, parking space size, driveway length, sidewalk width; and

3. Reduce impervious surface footprint (e.g. two-story buildings, parking ramp).

1. Utilize vegetated areas for stormwater treatment (e.g. parking lot islands, vegetated areas along property boundaries, front and rear yards);

2. Direct impervious surface runoff to vegetated areas or to designed treatment areas (roofs, parking, driveways drain to pervious areas, not directly to storm sewer or other conveyances);

3. Encourage infiltration and soil storage of runoff through grass channels, soil compost amendment, vegetated swales, rain gardens, etc.; and

4. Plant vegetation that does not require irrigation beyond natural rainfall and runoff from the site.

(d) Runoff utilization. Capture and store runoff for use for irrigation in areas where irrigation is necessary.

(3) Stormwater criteria. The following general criteria shall be incorporated in site design for stormwater runoff to protect surface and ground water and other natural resources by maintaining pre-development hydrological conditions:

(a) Reduce impacts on water;

(b) Protect soils;

(d) Decrease runoff volume;

(e) Decrease erosion and sedimentation;

(f) Decrease flow frequency, duration, and peak runoff rates;

(g) Increase infiltration (groundwater recharge);

(h) Maintain existing flow patterns;

(i) Reduce peak flows;

(j) Store stormwater runoff on-site; and

(k) Avoid channel erosion.

(4) Erosion and sediment control criteria. The following general criteria shall be incorporated in site design for erosion and sediment control:

(a) Minimize disturbance of natural soil cover and vegetation;

(b) Minimize, in area and duration, exposed soil and unstable soil conditions;

(d) Protect adjacent properties from sediment deposition;

(e) Minimize off-site sediment transport on trucks and equipment;

(f) Minimize work in and adjacent to water bodies and wetlands;

(g) Maintain stable slopes;

(h) Avoid steep slopes and the need for high cuts and fills;

(i) Minimize disturbance to the surrounding soils, root systems and trunks of trees adjacent to site activity that are intended to be left standing; and

(j) Minimize the compaction of site soils.

(B) Other design standards.

(1) All volume control for water quality and quantity and site design specifications shall conform to the current version of the Minnesota Stormwater Manual.

(2) All erosion and sediment control requirements shall conform to the current requirements of NPDES/SDS construction stormwater general permit.

(3) Public stormwater detention facilities must be located on public property or contained within an easement that provides sufficient access for maintenance. Such lots or easements shall be adjacent to a public right-of-way or accessed by an easement at least 30 feet wide.

(4) It is the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water.

(Ord. 20220120-01, passed 1-20-22; Am. Ord. 20250416-01, passed 4-16-25)

§ 152.04.22 PERFORMANCE GOALS.

(A) Stormwater volume reduction performance goals. Any applicant for a permit resulting in site disturbance that creates one or more acres of new impervious surface or fully reconstructs one or more acres of impervious surface must meet all of the following stormwater performance goals:

(1) New development volume control. For new, nonlinear developments that create more than one acre of new impervious surface on sites without restrictions, stormwater runoff volumes will be controlled and the post-construction runoff volume shall be retained on site for one inch of runoff from all impervious surfaces on the site.

(2) Redevelopment volume control. Nonlinear redevelopment projects on sites without restrictions that create one or more acres of new and/or fully reconstructed impervious surfaces shall capture and retain on site one inch of runoff from the new and/or fully reconstructed impervious surfaces.

(3) Linear development volume control. Linear projects on sites without restrictions that create one acre or greater of new and/or fully reconstructed impervious surfaces, shall capture and retain the larger of the following:

(a) 0.55 inch of runoff from the new and fully reconstructed impervious surfaces on the site; or

(b) One inch of runoff from the net increase in impervious area on the site.

(4) Stormwater management rate control. For all development sites (new development, redevelopment and linear developments), site design shall provide on-site treatment during construction and post-construction to ensure no increase in offsite peak discharge for the one year, 24-hour storm event (2.42 inches); two-year, 24-hour storm event (2.81 inches); the ten-year, 24-hour storm event (4.12 inches); and the 100-year, 24-hour storm event (6.72 inches) or as defined by the NOAA Atlas 14 Precipitation Frequency Estimates for Minnesota.

(5) All detention facilities shall be designed with a minimum of 24 inches of freeboard measured to the lowest opening of adjacent structures. A spillway and overflow route must be able to safely pass overflows through the structure without creating damaging conditions downstream of the facility nor inhibit stormwater runoff from upstream development.

(B) Flexible treatment options for sites with restrictions (as found in the MIDS design sequence flowchart). The MIDS design sequence flowchart can be found in the Minnesota Stormwater Manual: http://stormwater.pca.state.mn.us/index.php/Flexible_treatment_options. Applicant shall fully attempt to comply with the appropriate performance goals described above. Options considered and presented shall examine the merits of relocating project elements to address varying soil conditions and other constraints across the site. If full compliance is not possible due to any of the factors listed below, the applicant must document the reason. If site constraints or restrictions limit the full treatment goal, the following flexible treatment options shall be used:

(1) Alternative #1. Applicant attempts to comply with the following conditions:

(a) Achieve at least 0.55-inch volume reduction from all impervious surfaces if the site is new development or from the new and/or fully reconstructed impervious surfaces for a redevelopment site;

(b) Remove 65% of the annual total phosphorous (TP) load from all impervious surfaces if the site is new development or from the new and/or fully reconstructed impervious surfaces for a redevelopment site; and

(c) Options considered and presented shall examine the merits of relocating project elements to address varying soil conditions and other constraints across the site.

(2) Alternative #2. Applicant attempts to comply with the following conditions:

(a) Achieve volume reduction to the maximum extent practicable;

(b) Remove 60% of the annual total phosphorous (TP) load from all impervious surfaces if the site is new development or from the new and/or fully reconstructed impervious surfaces for a redevelopment site; and

(c) Options considered and presented shall examine the merits of relocating project elements to address varying soil conditions and other constraints across the site.

(3) Alternative #3: off-site treatment. Mitigation equivalent to the performance of 1.1 inches of volume reduction for new development or redevelopment as described above in this section (including banking or cash) can be performed off-site to protect the receiving water body. Off-site treatment shall be achieved in areas selected in the following order of preference:

(a) Locations that yield benefits to the same receiving water that receives runoff from the original construction activity;

(b) Locations within the same Department of Natural Resource (DNR) catchment area (Hydrologic Unit 08) as the original construction activity;

(d) Locations anywhere within the city's jurisdiction.

(4) Applicant shall document the flexible treatment options sequence starting with Alternative #1. If Alternative #1 cannot be met, then Alternative #2 shall be analyzed. Applicants must document the specific reasons why Alternative #1 cannot be met based on the factors listed below. If Alternative #2 cannot be met then Alternative #3 shall be met. Applicants must document the specific reasons why Alternative #2 cannot be met based on the factors listed below. When all of the conditions are fulfilled within an alternative, this sequence is completed.

(5) Volume reduction techniques considered shall include infiltration, reuse and rainwater harvesting, and canopy interception and evapotranspiration and/or additional techniques included in the MIDS Calculator and the Minnesota Stormwater Manual.

(6) Higher priority shall be given to BMPs that include volume reduction. Secondary preference is to employ filtration techniques, followed by rate control BMPs.

(7) Factors to be considered for each alternative will include:

(a) Karst geology;

(b) Shallow bedrock;

(d) Hotspots or contaminated soils;

(e) Drinking water source management areas or within 200 feet of drinking water well;

(f) Zoning, setbacks or other land use requirements;

(g) Excessive cost; and

(h) Poor soils (infiltration rates that are too low or too high, problematic urban soils).

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.23 METHODOLOGIES AND COMPUTATIONS.

(A) Final site design and choice of permanent stormwater volume reduction practices shall be based on outcomes of the MIDS calculator (or other model that shows the performance goal can be met) and shall meet the performance goals of this Division. The MIDS calculator is available at: http://stormwater.pca.state.mn.us/index.php/Calculator.

(B) Rate control calculations shall be modeled in HydroCAD, SWMM, or equivalent as approved by the city.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.24 SITE STANDARDS.

(A) Wetlands. The Wetland Conservation Act, as administered by the city's designated wetland authority, must be followed when encountering any wetlands.

(B) Storage piles. Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a down-slope drainage length of less than 25 feet from the toe of the storage pile to a roadway or drainage channel. If remaining for more than seven days, it must be stabilized by mulching, vegetative cover, tarps or other means. Soil deposit piles that will be in existence for less than seven days must be controlled by placing straw bales or silt barriers around the storage pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control, if exposed for more than seven days the storm drain inlets must be protected with straw bales or other appropriate filtering barriers.

(C) Permanent stabilization. A uniform perennial vegetative cover (e.g., evenly distributed, without large bare areas) with a density of 70% of the native background vegetative cover for the area must be established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures.

(D) Site dewatering.

(1) Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels of a wetland.

(2) Dewatering may require a Minnesota Department of Natural Resources (DNR) water appropriation permit. If dewatering water is contaminated, discharge of such water may require an individual MPCA NPDES/SES permit.

(E) Waste and material disposal. All waste and unused building materials, including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials, shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or storm sewer system.

(F) Tracking. Graveled roads, access drives and parking areas must be of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning, not flushing, before the end of each workday.

(G) Drains.

(1) All storm drain inlets must be protected during construction with a barrier approved by the city until control measures are in place which meets accepted design criteria, standards and specifications.

(2) All drain leaders must be routed to storm sewer facilities or pervious areas wherein the runoff can be allowed to infiltrate.

(3) The flow rate of water from the leaders must be controlled so no erosion occurs in the previous areas.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.31 APPLICANT RESPONSIBILITIES.

(A) The applicant is responsible for inspections and record keeping during and after construction for all privately-owned stormwater treatment practices on the site.

(B) Inspection by the city. The city reserves the right to conduct inspections on a regular basis to ensure that both temporary and permanent stormwater management and erosion and sediment control measures are properly installed and maintained prior to construction, during construction, and at the completion of the project. Mandatory inspections will be conducted as follows:

(1) Before any land disturbing activity begins;

(2) Before or during the installation of permanent stormwater treatment systems;

(3) At the time of footing inspections;

(4) At the completion of the project; and

(5) Prior to the release of financial securities.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.32 CITY-OWNED STORMWATER FACILITIES.

(A) Before work under the permit is deemed complete, the permittee must submit as-builts and a maintenance plan demonstrating at the time of final stabilization that the stormwater facilities conform to design specifications. A final inspection shall be required before the city accepts ownership of the stormwater facilities.

(B) The city shall perform maintenance of city-owned stormwater facilities in accordance with their comprehensive stormwater management plan and other regulatory requirements.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.33 PRIVATE STORMWATER FACILITIES.

(A) No private stormwater facilities may be approved unless a maintenance plan is provided that defines who will conduct the maintenance, the type of maintenance and the maintenance intervals. At a minimum, all private stormwater facilities shall be inspected annually and maintained in proper condition consistent with the performance goals for which they were originally designed.

(B) Access to all stormwater facilities must be inspected annually and maintained as necessary. The applicant shall obtain all necessary easements or other property interests to allow access to the facilities for inspection or maintenance for both the responsible party and the city.

(C) All settled materials including settled solids, shall be removed from ponds, sumps, grit chambers, and other devices, and disposed of properly.

(D) All stormwater facilities within the city shall be inspected by the city during construction, during the first year of operation, and at least once every five years thereafter.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.34 INVENTORY OF STORMWATER FACILITIES.

(A) Upon adoption of this Division, the city shall inventory and maintain a database for all private, public, and city-owned stormwater facilities within the city requiring maintenance to assure compliance with this Division.

(B) The city shall notify owners of stormwater facilities of the need for conducting maintenance on an appropriate schedule based on the stormwater management practice.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.35 RIGHT OF ENTRY AND INSPECTION.

The issuance of a permit constitutes a right-of-entry for the city or its contractor to enter upon the construction site. The applicant shall allow the city and their authorized representatives, upon presentation of credentials, to:

(A) Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or surveys;

(B) Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations;

(C) Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permit;

(D) Inspect the stormwater management measures;

(E) Sample and monitor any items or activities pertaining to stormwater management measures; and

(F) Correct deficiencies in stormwater and erosion and sediment control measures.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.41 PROCESS.

(A) Pre-application meeting. A pre-application meeting between the applicant, city staff (or their authorized representative), and staff of relevant partner agencies (e.g. SWCD, MPCA, DNR, etc.) is required prior to submission of a permit application.

(B) Submittal. A permit application shall be filed following the requirements listed in the city’s Application Manual.

(1) The City Engineer shall review the application and plans and refer them to city staff and other applicable agencies for review.

(2) The City Engineer shall approve, approve with conditions, or deny the permit application and provide the applicant with written notice of the decision and reasons for approval or denial.

(D) Effect of decision.

(1) Construction shall commence in accordance with the plan within one year after the approval of the plan, or approval of the plan shall be considered void.

(2) Prior to the expiration of plan approval, the applicant may make a written request to the city for an extension of time to commence construction, specifying the reasons for the requested extension. The city may grant one extension of not greater than one year.

(3) No work shall commence on any construction activity subject to this Division until a permit has been authorized by the city.

(4) Prior to start of construction, the developer shall obtain all regulatory agency permits and approvals including those from the Minnesota Pollution Control Agency for “General Storm Water Permit for Construction Activity”, and the signature of the company responsible for erosion and sediment control plan preparation, implementation and maintenance.

(5) Permit denial. If the city denies a permit application, a new application must be resubmitted for approval before any activity may begin. All land use and building permits shall be held until the applicant has an authorized permit. The decision of the city may be appealed as provided in § 152.05.17.

(E) Amendment of permitted plans.

(1) The applicant must amend an approved ESC Plan or SWPPP to include additional requirements such as additional or modified best management practices (BMPs) designed to correct problems whenever:

(a) There is a change in design, construction, operation, maintenance, weather or seasonal conditions that has a significant effect on the discharge of pollutants to surface water or ground water;

(b) Inspections or investigations by site operators, local, state or federal officials indicate the plans are not effective in eliminating or significantly minimizing the discharge of pollutants to surface water or underground water or that the discharges are causing water quality standard exceedances; or

(c) The plan is not achieving the general objectives of minimizing pollutants in stormwater discharges associated with construction activity.

(2) Plan amendments shall follow the same procedure outlined in this section.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.42 FEES.

(A) All applications for a stormwater management plan approval must be accompanied by a processing and approval fee as determined by ordinance of the City Council. An escrow account may be required by the city to pay for actual engineering costs incurred by the city.

(B) Financial securities.

(1) Amount.

(a) The city shall require financial securities from the applicant in an amount sufficient to cover the entirety of the estimated costs of permitted and remedial work based on the final design as determined by the city.

(b) An escrow amount, as defined in the city’s fee schedule and commensurate with the type of activity as determined by the city shall be paid by cash deposit to the city and shall be designated for erosion and sediment control. This deposit will be held by the city in a separate account.

(2) Financial securities shall not be released until all permitted and remedial work is completed.

(3) Financial securities may be used by the city to complete work not completed by the applicant.

(4) Form of security. The form of the securities shall be one or a combination of the following to be determined by the city:

(a) Cash deposit;

(b) Irrevocable letter of credit in a form approved by the city; or

(5) Maintaining the financial security. If at any time during the course of the work the available balance falls below 50% of the required amount, the applicant shall make another deposit in the amount necessary to restore the cash deposit to the required amount. If the applicant does not bring the financial security back up to the required amount within seven days after notification by the city that the amount has fallen below 50% of the required amount the city may:

(a) Withhold the scheduling of inspections related to the project; or

(b) Revoke any permit issued by the city to the applicant for the project.

(6) Action against the financial security. The city may access financial security for remediation actions if any of the conditions listed below exist. The city shall use the security to finance remedial work undertaken by the city or a private contractor under contract to the city, or to reimburse the city for all direct costs incurred in the process of remedial work including, but not limited to, staff time and attorney's fees.

(a) Abandonment. The applicant ceases land disturbing activities and/or filling and abandons the work site prior to completion of the grading plan.

(b) Failure to implement the SWPPP or ESC plan. The applicant fails to conform to the grading plan and/or the SWPPP as approved by the city.

(d) Failure to reimburse city. The applicant fails to reimburse the city for corrective action taken.

(7) Proportional reduction of the financial security. When more than one-third of the applicant's maximum exposed soil area achieves final stabilization, the city can reduce the total required amount of the financial security by one-third. When more than two-thirds of the applicant's maximum exposed soil area achieves final stabilization, the city can reduce the total required amount of the financial security to two-thirds of the initial amount. This reduction in financial security will be determined by the city.

(8) Returning the financial security. The security deposited with the city for faithful performance of the SWPPP or the ESC plan and any related remedial work shall be released one full year after the completion of the installation of all stormwater pollution control measures as shown on the SWPPP or ESC plan.

(9) Emergency action. If circumstances exist such that noncompliance with this Division poses an immediate danger to the public health, safety and welfare, as determined by the city, the city may take emergency preventative action. The city shall also take every reasonable action possible to contact and direct the applicant to take any necessary action. Any cost to the city may be recovered from the applicant's financial security.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.43 PERMIT COMPLETION.

Before work under the permit is deemed complete, the permittee must submit as-builts, a long term maintenance plan and information demonstrating that the stormwater facilities conform to design specifications. The city will verify that all design specifications have been met.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.51 GENERAL PROVISIONS.

(A) The city shall be responsible for enforcing this Division.

(B) Any person, firm or corporation failing to comply with or violating any of these regulations, shall be deemed guilty of a misdemeanor and be subject to a fine or imprisonment or both.

(1) Each day that a separate violation exists shall constitute a separate offense.

(2) All land use and building permits must be suspended until the developer has corrected the violation.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.52 ENFORCEMENT TOOLS/STOP WORK ORDERS.

The city shall reserve the right to issue construction stop work orders when cooperation on inspections is withheld or when a violation has been identified that needs immediate attention to protect human health and/or the environment. If stormwater and/or erosion and sediment control management measures malfunction and breach the perimeter of the site, enter streets, other public areas, or waterbodies the city will assess the need for issuing a stop work order. The applicant shall immediately develop a cleanup and restoration plan, obtain the right of entry from the adjoining property owner if necessary, and implement the cleanup and restoration plan within 48 hours. If in the discretion of the city, the applicant does not repair the damage caused by the stormwater runoff, the city can complete the remedial work required and charge the cost to the applicant. If payment is not made within 30 days, payment will be made from the applicant's financial securities. An inspection by the city must follow before the construction project work can resume.

(A) Construction stop work order. The city may issue construction stop work orders until stormwater management measures meet specifications and the applicant repairs any damage caused by stormwater runoff. An inspection by the city must follow before the construction project work can resume.

(B) Other actions to ensure compliance. The city can take any combination of the following actions in the event of a failure by applicant to meet the terms of this Division:

(1) Withhold inspections or issuance of certificates or approvals;

(2) Revoke any permit issued by the city to the applicant;

(3) Conduct remedial or corrective action on the development site or adjacent site affected by the failure;

(4) Charge applicant for all costs associated with correcting the failure or remediating damage from the failure; if payment is not made within 30 days, payment will be made from the applicant's financial securities; or

(5) Bring other actions against the applicant to recover costs of remediation or meeting the terms of this Division.

(C) Any person, firm or corporation failing to comply with or violating any of these regulations, shall be deemed guilty of a misdemeanor.

(Ord. 20220120-01, passed 1-20-22)

§ 152.04.53 NOTIFICATION OF FAILURE OF THE PERMIT.

The city shall notify the permit holder of the failure of the permit's measures.

(A) Initial contact. The initial contact will be to the party or parties listed on the application and/or the SWPPP as contacts. Except during an emergency action, 48 hours after notification by the city or 72 hours after the failure of erosion and sediment control measures, whichever is less, the city at its discretion, may begin corrective work. Such notification should be in writing, but if it is verbal, a written notification should follow as quickly as practical. If after making a good faith effort to notify the responsible party or parties, the city has been unable to establish a contact, the city may proceed with corrective work. There are conditions when time is of the essence in controlling erosion. During such a condition the city may take immediate action, and then notify the applicant as soon as possible.

(B) Erosion off-site. If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the cleanup and restoration plan within 48 hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the city, may more than seven calendar days go by without corrective action being taken. If in the discretion of the city, the permit holder does not repair the damage caused by the erosion, the city may do the remedial work required. When restoration to wetlands and other resources is required, the applicant should be required to work with the appropriate agency to ensure that the work is done properly.

(C) Erosion into streets, storm sewers, wetlands or water bodies. If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, storm sewers, wetlands, or other water bodies, prevention strategies, cleanup and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations.

(D) Failure to do corrective work. When an applicant fails to conform to any provision of this Division within the time stipulated, the city may take the following actions:

(1) Issue a stop work order, withhold the scheduling of inspections, and/or the issuance of a certificate of occupancy;

(2) Revoke any permit issued by the city to the applicant for the site in question or any other of the applicant's sites within the city's jurisdiction; and

(3) Correct the deficiency or hire a contractor to correct the deficiency.

(a) The applicant will be required to reimburse the city for all costs incurred in correcting stormwater pollution control deficiencies. If payment is not made within 30 days after costs are incurred by the city, payment will be made from the applicant's financial securities as described in § 152.04.42.

(b) If there is an insufficient financial amount in the applicant's financial securities as described in § 152.04.42, the city may certify the remaining amount to the County Auditor to be collected with property taxes levied against the property, pursuant to M.S. §§ 366.012 and 415.01.

(Ord. 20220120-01, passed 1-20-22)

§ 152.05.11 COMMON PROCEDURES AND REQUIREMENTS.

(A) Applicability. The requirements of this chapter shall apply to all subdivision applications and procedures subject to development review under this Code unless otherwise stated.

(B) Authority to file applications. Development review applications for an individual property may be initiated by:

(1) The owner of the property that is the subject of the application; or

(2) An agent authorized by the owner of the property that is the subject of the application, which may include a lessee of the property. Evidence of such authorization shall be the signature of the property owner.

(3) the property subject to an application is under more than one ownership, all owners or their authorized agents shall join in filing the application.

(1) Separations where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential use and five acres or larger in size for commercial and industrial use;

(2) Separations creating cemetery lots;

(3) Subdivision approval is not required for separations resulting from court orders; or

(4) Separations resulting from the adjustment of a lot line by the relocation of a common boundary.

(D) Conveyance by metes and bounds.

(1) No land shall be conveyed in which the land is described by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after such regulations became effective.

(2) The provision of this section does not apply to the conveyance if one or more of the following apply to the land described:

(a) Was a separate parcel of record April 1, 1945, or the date of adoption of subdivision regulations under Laws 1945, chapter 287, whichever is the later;

(b) Was the subject of a written agreement to convey entered into prior to such time;

(d) Was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980;

(e) Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width; or

(f) Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width.

(3) In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded.

(4) Any owner or agent of land who conveys a lot or parcel in violation of the provisions of these regulations shall forfeit and pay to the city an administrative penalty of not less than $100 for each lot or parcel so conveyed. Appeals of an administrative civil penalty issued pursuant to this section shall be heard in accordance with the procedure set forth in Title I, § 10.98 of Lindstrom City Code.

(E) Prohibition related to building permits.

(1) No lot, parcel, or tract created after the effective date of this chapter shall be issued a building permit unless the lot, parcel or tract has been created in compliance with the subdivision regulations of the city.

(2) Outlots are deemed unbuildable, and no building permit shall be issued for such properties, except in the case of public park facilities and essential services.

(F) Pre-application meetings.

(1) Pre-application meetings are required or recommended based on development application type.

(2) A pre-application meeting is an informal discussion between a potential application and city staff regarding a possible project subject to this title. The Zoning Administrator shall determine which city staff shall attend the pre-application meeting.

(3) The purpose of the pre-application meeting is to assist the applicant in identifying the type of approvals needed, the potential review criteria, and the information to be contained in the application(s).

(4) Discussions that occur during pre-application meetings are not binding on the city and do not constitute official assurances or representations on the city.

(G) Application materials and fees.

(1) City staff shall develop and amend a Development Application Manual as needed.

(2) Each application for a permit or approval, of for an amendment of a permit or approval, shall include all those application materials listed in the Development Application Manual.

(3) To defray administrative costs of processing of development requests, a base fee shall be paid by all applicants. The fee shall be set by ordinance of the City Council, as it may be amended from time to time.

(4) In order to defray the additional cost of processing development applications, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicant’s request, and all materials for the request.

(a) Materials shall include, but not be limited to maps, graphs, charts, drawings and the like and all printing or reproduction of same.

(b) Staff and/or consulting time shall include any time spent in either researching for or actual production of materials.

(c) The hourly rate for staff and/or consulting time shall be established and made available to the applicant by city staff prior to production of any materials and the applicant shall be given a reasonable estimate of project time and/or materials costs.

(5) No application shall be deemed complete for processing until any fee or escrow required has been paid.

(6) The city may reject an application not meeting the requirements of this Code or where the required fee or escrow has not been paid.

(7) Applications for approvals under this chapter shall not be accepted by the city until the Finance Director certifies that all real estate taxes, personal property taxes, special assessments, and other fees or charges then due and owing to the city by the applicant or which relate to the property for which the license, permit, approval or application is requested, have been paid in full.

(8) Application fees are not refundable, except where the Zoning Administrator has determined that an application was accepted in error or when the fee paid exceeded the amount due, in which case the overpayment shall be refunded to the applicant.

(H) Technical assistance. In making its decision, the city may determine that technical assistance is needed. The city may request technical assistance from any of the firms with which it contracts. The applicant shall be responsible for the actual costs of such assistance. Actual costs are identified in the fee schedule and shall be paid by the applicant for building/development application expenses which the city incurs in regard to the review and processing of that application, and which exceeds the application fee. Such fees shall come due immediately upon notification by the city. The city may withhold any final action on a development application and/or rescind prior actions until all fees are paid in full.

(I) Coordination of applications.

(1) Depending on the requirements of this title, multiple applications may be required.

(2) City staff shall determine the order of application review based on the City Code, including this chapter, and state requirements. Where possible, applications will be reviewed in tandem.

(J) Time deadline for action.

(1) In compliance with M.S. § 462.358, the city shall take action to preliminarily approve or deny a subdivision application within 120 days following delivery of an application completed in compliance with this Title, unless an extension for the review period has been agreed to by the applicant.

(2) In compliance with M.S. § 462.358, the city shall certify final approval of a subdivision application within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and the preliminary approval.

(K) Withdrawal of applications.

(1) Any request for withdrawal of an application shall be submitted in writing to city staff.

(2) In all cases where the applicant has requested withdrawal of an application, the associated fee paid and any costs incurred by the city in the processing of the application shall not be refunded.

(L) Successive applications. No application which has been denied wholly or in part may be resubmitted for at least one year from the date of its submittal, unless substantial changes have been made which warrant reconsideration, as determined by city staff.

(M) Public hearings and notices.

(1) Public hearings are required by this chapter and shall be conducted pursuant to the rules established for each of the bodies, the Lindstrom City Code, and in compliance with state law.

(2) All public hearings shall be open to the public.

(3) The applicant or a representative should attend the public hearing.

(4) Notice of the public hearing shall be published in the official newspaper of the municipality at least ten days prior to the date of the hearing. The notice shall also be mailed not less than ten days prior to:

(a) All property owners of record according to the county assessment records within 350 feet of the property.

(b) The Commissioner of the Minnesota Department of Natural Resources if the proposed subdivision is located in part or in total within the MSN Shoreland Overlay District.

(c) The Commissioner of the State Department of Transportation and the County Engineer if the proposed plat abuts or includes a state trunk highway or a county state aid road, respectively.

(d) A copy of the notice and list of the individuals and/or property owners and addresses to which the notices were sent shall be attested to by the Zoning Administrator and made part of official record. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this chapter has been made.

(N) Appeals of City Council decisions. All decisions made by the city regarding subdivision shall be final, except that any aggrieved person shall have the right to appeal within 30 days after delivery of the decision to the appellant, to the District Court in Chisago County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the 30-day period defined above.

(O) As-built grading plan. Upon completion of site grading, the applicant shall submit an as-built grading plan as specified in the Public Works Design Manual to the city for review.

(Ord. 20220120-01, passed 1-20-22)

§ 152.05.12 ADMINISTRATIVE ADJUSTMENT.

(A) Applicability. An administrative adjustment application shall be submitted to the city when any of the following apply:

(1) An applicant is proposing to relocate a property line(s) without increasing or decreasing the number of parcels and where all parcels meet Code requirements;

(2) Lot combination; or

(3) Conveyance by metes and bounds.

(B) Pre-application meeting. A pre-application meeting pursuant to § 151.05.11(F) is suggested prior to submitting an administrative adjustment application.

(D) Review process.

(1) The Zoning Administrator shall review the application and plans and refer them to city staff for review.

(2) The Zoning Administrator shall approve or deny the application and provide the applicant with written notice of the decision and reasons for approval or denial.

(Ord. 20220120-01, passed 1-20-22)

§ 152.05.13 MINOR SUBDIVISION.

(A) Applicability. A minor subdivision application shall be submitted to the city when all of the following apply:

(1) An applicant is proposing to divide land by the owner or applicant resulting in the creation of not more than three parcels or building sites, where all parcels meet Code requirements (platted);

(2) The land has been previously subdivided by plat or registered land survey and is on file and of record in the office of the County Register of Deeds or Registrar of Titles;

(3) The application will not cause the parcel or any structure on the parcel to be in violation of this Code or the building code;

(4) With the exception of sidewalks or trails, the application will not involve the construction of any new street or road, or the extension of municipal facilities, or the creation of any public improvements; and

(5) The application does not involve an outlot.

(6) Two-family residential lots may be platted or subdivided in a manner without further city action if the common lot lines for the residential units will have a zero side yard setback and the lot size meets the requirements specified in the applicable residential zoning district, provided that:

(a) An existing residential structure built prior to January 20, 2022 exists on the lot.

(b) The original plat is accompanied by a properly executed developer’s agreement addressing design standards and public facilities;

(d) An agreement addressing the rights and obligations of the residents of the units is in existence;

(e) The development does not adversely affect neighboring properties of the delivery of governmental services; and

(f) Any lots in the Shoreland Overlay District meet the lot dimensional standards in § 151.03.22.

(B) Pre-application meeting. A pre-application meeting pursuant to § 151.05.11(F) is suggested prior to submitting a minor subdivision application.

(D) Review process.

(1) The Zoning Administrator shall review the application and plans and refer them to city staff for review.

(2) The City Council shall review and approve, approve conditionally, or deny the minor subdivision application.

(3) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

(4) Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.

(Ord. 20220120-01, passed 1-20-22)

§ 152.05.14 CONCEPT PLAN.

(A) Applicability.

(1) The concept plan process is not mandatory. This process may be initiated at any time by an applicant who wishes to gain information and guidance from the Planning Commission and City Council regarding a specific development concept before entering into binding agreements, incurring substantial expense, or filing a preliminary plat application.

(2) For more complex proposals, city staff may suggest that the applicant participate in a concept plan review process before proceeding to a preliminary plat application.

(B) Submittal. The application for concept plan review shall be filed pursuant to § 151.05.11(G).

(1) The Zoning Administrator shall review the application and concept plan and refer them to city staff for review.

(2) The Planning Commission shall review the concept plan and provide feedback to the applicant.

(3) The City Council shall review the concept plan and provide feedback to the applicant.

(4) This process is intended to inform the applicant of the purpose and objectives of these regulations, the Comprehensive Plan, and duly adopted plan implementation devices of the city.

(5) Discussions that occur as part of the concept plan process are not binding on the city and do not constitute official assurances or representations on the city.

(Ord. 20220120-01, passed 1-20-22)

§ 152.05.15 PRELIMINARY PLAT.

(A) Applicability. A preliminary plat application shall be submitted to the city when any of the following apply:

(1) The applicant is proposing to create four or more lots as part of a subdivision;

(2) The applicant is proposing to change the exterior boundaries of an existing plat;

(3) Successive divisions within a five year period creating five or more parcels or building sites (i.e. lots or outlots) of one to one and one-half acres each or less; or

(4) The proposed subdivision does not qualify to be processed as a minor subdivision.

(B) Pre-application meeting. If an applicant has not completed a concept plan process as specified in § 152.05.14, a pre-application meeting pursuant to § 151.05.11(F) is required prior to submitting a preliminary plat application.

(D) Review criteria. In considering the preliminary plat application, the Planning Commission and City Council shall consider the following factors:

(1) Consistency with the design standards and other requirements of this chapter;

(2) Consistency with the city’s Comprehensive Plan or other development plans;

(3) Consistency with Chapter 151 of this Code of Ordinances;

(4) Consistency with the Public Works Design Manual;

(5) The physical characteristics of the site, including but not limited to topography, erosion and flooding potential, development or use contemplated; and

(6) The potential for the proposed development to create a negative fiscal or environmental impact upon the city.

(E) Review process.

(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.

(2) Public hearing. The Planning Commission shall hold a public hearing in accordance with § 151.05.11(M).

(3) Decision.

(a) Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the preliminary plat and shall transmit the plat and application along with its recommendations to the City Council.

(b) The Planning Commission may hold the matter in abeyance if there is inadequate information.

(c) Upon receiving a recommendation from the Planning Commission, the City Council shall review and approve, approve conditionally, or deny the preliminary plat application. The City Council may remand the preliminary plat request back to the Planning Commission for further consideration once during the review process.

(d) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

(e) Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.

(F) Effect of preliminary plat decision.

(1) The approval of a preliminary plat is an acceptance of the general layout as submitted and indicates to the applicant that he or she may proceed toward fulfilling the necessary steps for approval of the final plat in accordance with the terms of approval.

(2) Upon approval of the preliminary plat, and if approved by the City Engineer, the applicant may start work on all improvements. Depending on the type of improvements, the City Engineer may require the establishment of a development agreement before work commences.

(3) The applicant shall submit the final plat to the City Council within one year after the approval of the preliminary plat or approval of the preliminary plat shall be considered void.

(4) Prior to the expiration of the preliminary plat approval, the City Council may extend the approval for an additional year. The extension shall be in writing specifically designating the expiration date. The extension shall not be subject to an additional fee and only one extension may be granted per preliminary plat.

(G) Preliminary plat amendment. Requested amendments to the preliminary plat shall follow the same procedure outlined in this section. Should the applicant desire to amend the preliminary plat as approved, he or she may resubmit an amended plat which shall follow the same procedure unless the amendment is, in the opinion of the Planning Commission, of such scope as to constitute a new plat, in which such case it shall be re-filed.

(Ord. 20220120-01, passed 1-20-22)

§ 152.05.16 FINAL PLAT.

(A) Applicability.

(1) An approved preliminary plat shall be on file with the city prior to applying for a final plat that substantially conforms to the preliminary plat.

(2) The final plat may, if permitted by the City Council, constitute only that portion of the approved preliminary plat which the applicant proposes to record at the time.

(B) Submittal.

(1) The application for a final plat shall be filed pursuant to § 151.05.11(G).

(2) The application for a final plat shall be submitted no later than one year after the date of approval of the preliminary plat; otherwise the preliminary plat and final plat will be considered void unless an extension is requested in writing by the applicant and granted by the city.

(1) Substantial conformance with the approved preliminary plat and all conditions of approval;

(2) Conformance with this Title and all other applicable ordinances, rules, and regulations; and

(3) Consistency with the Comprehensive Plan’s vision, mission, values, and policies.

(D) Review process.

(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.

(2) Decision.

(a) The City Council shall review and approve, approve conditionally, or deny the final plat application.

(b) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

(c) Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.

(E) Effect of final plat decision.

(1) After the final plat has been approved by the City Council, the city shall distribute copies of the approved final plat to all approving agencies, affected utilities, and other affected agencies for their files. A copy of all final plats located in total or in part within the Shoreland Overlay District shall be submitted to the Commissioner of the State Department of Natural Resources within ten days of the final plat approval.

(2) It shall be the responsibility of the subdivider to file the plat with the appropriate county offices after final approval once all conditions of the final plat have been met and required improvements are either installed or a contract and sureties insuring their installation is filed. Failure to do so within one year of final approval shall result in the requiring of a new preliminary plat. This new preliminary plat must be reviewed in accordance with the procedure set out in this part to ensure compliance with any new requirements. Prior to the expiration of any timeframe, the City Council may, upon request of the property owner and by resolution and findings of fact, approve extensions in up to 12-month increments.

(Ord. 20220120-01, passed 1-20-22)

§ 152.05.17 APPEAL OF SUBDIVISION CHAPTER INTERPRETATION.

(A) Applicability. The appeal of Subdivision Chapter interpretation process shall facilitate review of questions of interpretation that arise in the administration of this chapter, including review of any order, requirement, decision, or determination made by city staff.

(B) Submission. The application for an appeal of Subdivision Chapter interpretation shall be filed pursuant to § 151.05.11(G) within 30 days of the alleged grievance or judgment in question.

(C) Criteria for review. In considering an appeal, the City Council shall consider, but not be limited to, the following criteria:

(1) Consistency with the Comprehensive Plan, including its vision, mission, values, and policies;

(2) The plain meaning of the regulation;

(3) Surplus language;

(4) Conflicting provisions; and

(5) Policy history.

(D) Review process.

(1) Application distributed. The Zoning Administrator shall review the application and refer it to applicable city staff for review.

(2) Decision.

(a) The City Council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed.

(b) The final disposition of an appeal shall be in the form of a written decision or order signed by the Mayor and the City Clerk. Such decision shall state the reasons for the City Council's determination with findings of fact.

(E) Effect of approval.

(1) Interpretations approved by the City Council shall expire one year after issuance if the performance of work is required and substantial work has not commenced.

(2) A permit shall be valid only as long as the conditions upon which it is granted are observed.

(F) Reconsideration. No appeal which has been dismissed or denied shall be considered again without material alteration or revision within one year of the City Council's decision, except pursuant to court order.

(Ord. 20220120-01, passed 1-20-22)

§ 152.05.18 SUBDIVISION VARIANCE.

(A) Applicability. The City Council may grant a property owner a variance from compliance with the literal provisions of the Subdivision Chapter in an instance where strict enforcement would cause undue hardship to the individual property owner, and when it can be demonstrated that such action will be in keeping with the spirit and intent of the Code.

(B) Pre-application meeting. A pre-application meeting pursuant to § 151.05.11(F) is suggested prior to submitting a subdivision variance application.

(D) Review criteria. In considering the subdivision variance application, the City Council shall consider the following factors:

(1) The requested subdivision variance is in harmony with the general purposes and intent of this chapter;

(2) The requested subdivision variance is consistent with the Comprehensive Plan and all other applicable city plans;

(3) The applicant has established that there are special circumstances or conditions, such as topography, drainage, or other naturally occurring characteristics, affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land; and

(4) The impact the variance will have on the public health, safety, and welfare of other property in the vicinity in which the property is situated.

(E) Review process.

(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.

(2) Consideration of request.

(a) The Planning Commission shall consider the subdivision variance request.

(b) Notice of the Planning Commission’s consideration of the request shall be mailed to all property owners immediately abutting the subject property according to county assessment records, including those directly across any street or public right-of-way.

(c) The applicant or a representative thereof should appear before the Planning Commission in order to answer questions concerning the requested subdivision variance.

(3) Decision.

(a) Following its consideration of the request, the Planning Commission shall recommend approval, conditional approval, or denial of the subdivision variance request and shall transmit the request and application along with its recommendations to the City Council.

(b) The Planning Commission may hold the matter in abeyance if there is inadequate information.

(c) Upon receiving a recommendation from the Planning Commission, the City Council shall review and approve, approve conditionally, or deny the subdivision variance application by majority vote. The City Council may remand the variance request back to the Planning Commission for further consideration once during the review process.

(d) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

(e) Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.

(F) Effect of subdivision variance decision.

(1) Violations of the conditions of a subdivision variance shall void the variance.

(2) Recording.

(a) A certified copy of the authorizing resolution, containing identifiable description and any specific requirements for approval, shall be recorded by the City of Lindstrom with the Register of Deeds for Chisago County for the subject property.

(b) A copy of a decision granting a subdivision variance in a Floodplain or Shoreland Overlay District shall be mailed to the district office of the Minnesota Department of Natural Resources within ten days of the decision.

(3) Whenever within one year after granting a subdivision variance the subdivision as permitted by the variance shall not have been completed, then the variance shall become null and void unless a petition for extension of time in which to complete the subdivision has been granted to the Council.

(a) The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original subdivision variance. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the subdivision variance or appeal. The petition shall be presented to the City Council for a decision.

(b) A second extension shall require a new public hearing.

(4) A subdivision variance application which has been denied shall not be submitted, in an exact or substantially similar form, for at least 12 months from the date of denial.

(Ord. 20220120-01, passed 1-20-22)

§ 152.05.19 EXTRATERRITORIAL SUBDIVISION AUTHORITY.

(A) The City of Lindstrom, with the authority granted to the city by M.S. § 462.358, as it may be amended from time to time, has extended its subdivision regulation authority to include the areas identified in the Extraterritorial Review Boundary Map kept on file at City Hall. The extraterritorial area has been subdivided into two areas as identified on the aforementioned map. All of the notations, references, and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby are made a part of this chapter by reference.

(B) As subdivisions platted beyond the city limits where municipal sewer and water are unavailable require different development criteria, the following divisions establish design standards and procedures for the processing of plats within the extraterritorial area.

(C) Although the city has assumed the regulatory authority for the platting process within the extraterritorial area, the zoning authority is retained by Chisago County. As part of the subdivision process, the applicant shall be responsible to confirm with Chisago County that the property can be subdivided in a manner which meets applicable zoning regulations.

(D) Properties created by subdivision within the extraterritorial area must meet the following requirements based on the subarea assigned in subsection (A) of this section:

(1) Area A.

(a) Properties that are more than 1,000 feet from a designated public water shall have a maximum lot size of 12,000 square feet.

(b) Properties that are within 1,000 feet of a designated public water shall be limited in lot area and lot width based on the lot type and lake type as identified in the tables below.

Table 152.05.01. Maximum Lot Size and Lot Width

Lake Type	Non-Riparian		Riparian
	Lot Area	Lot Width	Lot Area	Lot Width
	(sq. ft.)	(ft.)	(sq. ft.)	(ft.)
General Development	15,000	125	18,000	125
Recreational Development	18,000	125	25,000	125
Natural Environment	25,000	150	50,000	150

Table 152.05.02. Public Water Designation

General Development Lakes	Recreational Development Lakes	Natural Environment Lakes
North Center Lake	Kroon Lake	Boos Lake
South Center Lake		Linn Lake
Chisago Lake		Ogren Lake
North Lindstrom Lake		Swamp Lake
South Lindstrom Lake		Sunrise Lake
Wallmark Lake		Unnamed #13-15

(2) Area B. Properties within Area B shall have a minimum lot size of ten acres and the ratio of lot frontage to lot depth shall be no more than one to four.

(E) A complete subdivision application shall be processed as follows:

(1) Minor subdivisions, those which create not more than three parcels, and administrative adjustments may be approved administratively unless other land use or subdivision approvals are needed.

(2) Major subdivision, those creating three or more parcels or requiring public infrastructure such as a road, will require Planning Commission and City Council review. The major subdivision process shall follow the processes as outlined in §§ 152.05.14, 152.05.15, and 152.05.16.

(F) If the city denies a subdivision application, a subdivision for the same property using the same general arrangement cannot be made for one year after the denial.

(G) Property within the extraterritorial area shall remain under the jurisdiction of Chisago County, or the appropriate township, until such time as the property is annexed into the City of Lindstrom. Until annexation occurs, or as otherwise formally approved by the City Council, all public improvements, including, but not limited to streets, storm water management, street and traffic signs, shall not be the responsibility of the City of Lindstrom.