(1)   The process of dividing open land into home sites, or separate parcels for other uses, is one of the community. Few activities have a more lasting effect upon its appearance and environment. Once the land has been subdivided into urban lots and the streets, homes, and other structures have been constructed, the basic character of this permanent addition to the community has become firmly established. It is then virtually impossible to alter its basic character without substantial expense. In most subdivisions, roads and streets must be maintained and various public services must be provided. The welfare of the entire community is thereby affected in many important respects. It is, therefore, to the interest of the general public, the developer, and the future owners that subdivisions be conceived, designed, and developed in accordance with sound rules and proper standards.

      (2)   All subdivision of land hereafter submitted for approval shall fully comply in all respects with the regulations set forth herein. It is the purpose of these regulations to:

         (a)   Encourage well planned, efficient, and attractive subdivisions by establishing adequate standards for design and construction;

         (b)   Provide for the health and safety of residents by encouraging properly designed streets and adequate sewage and water service;

         (c)   Place the cost of improvements against those benefitting from their construction;

         (d)   Secure the rights of the public with respect to public lands and waters; and

         (e)   Set the minimum requirements necessary to protect the public health, safety, morals, comfort, convenience, and general welfare.

(Ord. 274, passed 4-15-1997)

   For the purpose of these regulations, certain terms and words are hereby defined as follows. Words used in the present tense include the past and future tense; the singular number includes the plural and the plural includes the singular; the word "shall" is mandatory, and the word "may" is permissive.

(Ord. 274, passed 4-15-1997)

   (A)   (1)   Prior to the preparation of the preliminary plat, the subdivider shall prepare a subdivision sketch plan, for the review by the city staff and city. Such sketch plan will be submitted as a basis for informal discussion between the subdivider and the city staff and city and shall not constitute formal filing of the plat with the city. The city staff and city shall provide advice and assistance to the subdivider but will take no action on the sketch plan. The sketch plan should, as a minimum, show the site’s location in the community, the type of development proposed and preliminary lot and road layout including proposed minimum lot size.

      (2)   The subdivider shall pay the expense (if any) incurred by the engineer and attorney in the review of the sketch plan. City staff may refer the sketch plan to the Planning Commission for review and comments.

   (B)   When the subdivider feels he or she is ready to prepare the preliminary plat, he or she shall have his or her surveyor and/or planner draw one (1) which is in conformity with the requirements of this chapter. (See §§ 153.065 through 153.073).

   (C)   The subdivider shall fill out an "Application for Consideration of Planning Request," or other application blanks as may be required. At the time of filing, the subdivider shall pay fees as set forth in § 153.037.

   (D)   The subdivider shall furnish the City Clerk with twelve (12) copies of the preliminary plat at least fifteen (15) days prior to a Planning Commission meeting at which it is to be considered.

(Ord. 274, passed 4-15-1997)

   (A)   The City Clerk shall, upon receipt of the preliminary plat and application, refer one (1) copy of the plat and application to the governing body, two (2) copies of the plat to the Planning Commission and one (1) copy of the plat to the school district, if applicable.

   (B)   If the proposed subdivision abuts any state trunk highway, the city shall refer one (1) copy to MNDOT for review as required by state law; if it adjoins a public body of water, one (1) copy shall be referred to the D.N.R. for review, and if it adjoins county land it will be referred to the County Engineer for review, one (1) copy will be sent to the S.W.C.D. if applicable.

   (C)   The Engineer and if appropriate, the School Board, County Planning Commission, Town Board and the District Highway Engineer, shall within fifteen (15) days, submit reports to the Planning Commission expressing recommendations for approval, disapproval or revisions of the preliminary plat.

   (D)   Within forty-five (45) days after the plat is filed, the Planning Commission shall hold a public hearing on the plat. Notice of the purpose, time, and place of such public hearing shall be published in the official newspaper at least ten (10) days prior to the day of the hearing. The subdivider shall furnish the city with the names and mailing addresses of owners of all lands within three hundred fifty (350) feet of the boundaries of the preliminary plat and the clerk shall give mailed notice of said hearing to said owners at least ten (10) days prior to the day of the said hearing, although failure of any property owner to receive such notification shall not invalidate the proceedings.

   (E)   (1)   The subdivider or his or her representative shall appear before the Planning Commission at the public hearing, in order to answer questions concerning the preliminary plat.

      (2)   The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning the subdivision request or to retain expert testimony with the consent and at the expense of the applicant concerning the subdivision, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter and all other city codes and ordinances.

   (F)   The report of the Planning Commission shall be submitted to the governing body not later than thirty (30) days after the public hearing on the plat unless an extension of time is obtained. If the Planning Commission fails to make a report within the necessary time frames, the governing body shall proceed without said report. Failure to receive a report from the Planning Commission as herein provided shall not invalidate the proceedings or actions of the governing body.

   (G)   The governing body may hold a public hearing on the plat following notice as provided herein. After receiving the Planning Commission’s recommendations, the City Council will act to approve or disapprove the plat at their next regularly scheduled meeting. Approval of the plat shall be by passage upon a simple majority vote of the entire membership of the governing body.

   (H)   Approval of the preliminary plat is an acceptance of the general layout and indication to the subdivider that he or she may proceed toward fulfilling the necessary steps for approval of the plat in accordance with the terms of approval. Such approval does not constitute final acceptance of the subdivision.

   (I)   The governing body may require modifications, changes, and revisions of the plat, as it deems necessary to protect the health, safety, morals, comfort, convenience, and general welfare of the community.

(Ord. 274, passed 4-15-1997)

   (A)   If the plat is not approved by the governing body, the reasons for such action shall be recorded in the proceedings and transmitted to the applicant.

   (B)   Should the subdivider desire to amend the plat as approved, he or she may submit an amended plat which shall follow the same procedure as a new plat, except for the pubic hearing and fee unless the amendment is in the opinion of the governing body of such scope as to constitute a new plat, then it shall be refiled.

(Ord. 274, passed 4-15-1997)

   (A)   After approval of the preliminary plat, the final plat may be prepared. It shall incorporate all changes, modifications, and revisions required; otherwise, it shall conform to the approved plat.

   (B)   In the case of large subdivisions, to be developed in stages, the subdivider may be granted permission to prepare a plat for only the portion of the time, provided such portion conforms with all the requirements of these regulations. The subdivider may be required, as a condition of approval, to submit an estimated time schedule for further staging of the platting and recording.

   (C)   All plats shall comply with the provisions of the Minnesota Sate Statutes and the requirements of this regulation.

   (D)   The subdivider shall file twelve (12) copies of the final plat with the City Clerk not later than six (6) months after the date of approval of the preliminary plat. If this is not done, the approval of the preliminary plat will be considered void unless an extension is requested by the subdivider and granted in writing by the governing body.

   (E)   The subdivider shall submit, with the plat, a current Abstract of Title or a Registered Property Certificate along with any unrecorded documents and an Opinion of Title by the subdivider’s attorney.

(Ord. 274, passed 4-15-1997)

   (A)   The City Clerk shall, upon receipt of the plat, refer one (1) copy of the governing body, the engineer and the County Planning Commission and Watershed District Board if applicable, and to applicable utility companies; two (2) copies to the Planning Commission; and one (1) copy, with the Abstract of Title or Registered Property Certificate and Opinion of Title, to the attorney.

   (B)   The governing body may refer the plat to the Planning Commission for recommendation if they feel the plat is substantially different from the preliminary plan. The Planning Commission shall submit a report to the governing body within thirty (30) days.

   (C)   The engineer and attorney shall submit a report to the governing body within fifteen (15) days upon receipt of the plat expressing their recommendations on the final plat.

   (D)   Prior to approval of the plat, the subdivider shall have installed all improvements or executed as agreement with the governing body for their installation. Improvements shall conform to approved engineering standards and be in compliance with these regulations.

   (E)   The governing body shall take action on the plat; this shall be done not more than sixty (60) days after the plat is filed with the City Clerk. If the plat is not approved, the reasons for such action shall be recorded in the official proceedings and transmitted to the subdivider.

   (F)   If this plat is approved the governing body shall sign the plat and the subdivider shall then record it with the County Register of Deeds within one hundred eighty (180) days or the approved plat shall be considered void.

   (G)   The subdivider shall, immediately upon recording, furnish the City Clerk with a reproducible copy, either cron-aflex or its equivalent, of the recorded plat and two (2) prints. Failure to furnish such copies shall be grounds for refusal to issue building permits for the lots within the plat. Also, the subdivider shall, unless exempted by the city, provide digital files of the plat, the construction drawings and the as-builts. The files shall be provided in a format as specified by the city.

   (H)   Upon receiving approval of the plat for a portion of the preliminary plat and the subdivider shall not be required to request a continuation of the recognition of the preliminary plat so as to maintain its approval except that in the event a zoning amendment is adopted which requires a larger minimum lot size for land not yet platted and recorded, the larger minimum lot size may be required for any additional platting.

(Ord. 274, passed 4-15-1997; Am. Ord. 327A, passed 6-1-2004)

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

      (2)   Legal description of the property.

      (3)   Name and address of the record owner, and any agent having control of the land, subdivider, land surveyor, engineer, and designer of the plan.

      (4)   Graphic scale not less than one (1) inch to one hundred (100) feet.

      (5)   North point and key map of area showing well known geographical points for orientation within one-half (1/2) mile radius.

      (6)   Date of preparation.

      (1)   Boundary lines shall be shown clearly and to such a degree of accuracy that conforms to the plat in that no major changes are necessary in preparing said final plat.

      (2)   Existing zoning classifications for land in and abutting the subdivision.

      (3)   Total acreage.

      (4)   Location, right-of-way width, and names of existing or platted streets or other public ways, parks and other public lands, permanent buildings and structures, easements and section lines, corporate and school district lines within the plat and to a distance one hundred (100) feet beyond shall be indicated.

      (5)   Location and size of existing sewers, water mains, culverts, or other underground facilities within the preliminary plat area and to a distance of one hundred (100) feet beyond. Such data as grades of surfaces of underground structures and locations of catch basins, manholes, hydrants, and street pavement width and types, shall also be shown.

      (6)   Boundary lines of adjoining unsubdivided or subdivided land.

      (7)   Topographic data, including contours at vertical intervals of not more than two (2) feet except where the horizontal contour interval is one hundred (100) feet or more, a one (1) foot vertical interval shall be shown. Water courses, marshes, wood areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. U.S.G.S. datum shall be used for all topographic mapping where available. A permanent bench mark shall be set within each parcel to be platted and the location and elevation of this bench mark shall be shown on the preliminary plat.

      (8)   A copy of all proposed private restrictions shall be submitted.

      (9)   Percolation test and soil borings as required by the City Engineer.

      (10)   If severe soil limitations for the intended use are noted by the City Engineer, a plan or statement indicating the soil conservation practice or practices to be used to overcome said limitation shall be made part of the permit application.

      (1)   Layout of proposed streets, showing right-of-way widths, and proposed names of streets. The name of any street shall conform to the city uniform street naming and building numbering system.

      (2)   Locations and widths of proposed alleys, pedestrian ways, and utility easements.

      (3)   Layout numbers and preliminary dimensions of lots and blocks.

      (4)   Proposed front side street building set-back lines.

      (5)   Location and size of proposed sanitary sewer lines and water mains.

      (6)   Gradients of proposed streets, sewer lines, and water mains, if requested.

      (7)   Maximum high-water level where platted areas abut on or contain lakes, rivers, or permanent ponding basins.

      (8)   Areas, other than the streets, alleys, pedestrian ways, and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres as required by § 153.096.

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

      (2)   Source of water supply.

      (3)   Provision for sewage disposal, surface water drainage and flood control.

      (4)   If any zoning changes are contemplating the proposed zoning plan for the areas, including dimension.

      (5)   Other information as may be requested by the City Engineer or Planning Commission.

      (6)   Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the Planning Commission may require that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and future subdivisions. In any event, all subdivisions must be shown to relate well with existing or potential adjacent subdivisions and land use.

(Ord. 274, passed 4-15-1997)

   (A)   The plat shall be prepared by a land surveyor who is registered in the state and shall comply with the provisions of Minnesota State Statutes and of this regulation.

   (B)   Form for approval by the Planning Commission.

   Approved by the Planning Commission of the City of Mora, this                day of               .

      Chairman

            City Planner

   (C)   From for approval by the City Council:

      Mayor

            City Clerk

(Ord. 274, passed 4-15-1997)

   (A)   A fee and deposit as adopted by City Council resolution shall be paid.

   (B)   (1)   The subdivider shall be required to pay at the time of filing and submission of their plat, a cash fee to the city as required by City Council resolution.

      (2)   Public sites and open space dedication. In all new residential subdivisions, including planned unit developments and manufactured home parks, where the governing body chooses to require the subdivider to pay a fee rather than accept the dedication of land, the subdivider may require to pay a fee as specified in the fee schedule that is established by resolution of the governing body. (See also § 153.096)

   (C)   (1)   In addition to the aforementioned fee, the subdivider shall pay any expense incurred by the City Engineer and City Attorney for their services in the review of the preliminary plat and final plat.

      (2)   The subdivider, (owner or developer) on or before submitting a preliminary plat, shall make a cash deposit in an amount as determined by resolution of the governing body which shall be available in the form of published schedule. This deposit shall be held in a subdivider’s account and shall be credited to the said subdivider, owner, or developer. Engineering and legal expense incurred by the city in checking plat improvements, checking and setting grade and drainage requirements, general supervision, staking, inspection, drafting as-built drawings and all other engineering services performed in the processing of said improvements and plats, administrative and legal expenses in examining title to the property being developed shall be charged to the aforementioned account.

      (3)   The City Engineer and City Attorney shall itemize all time, services, and materials billed to any subdivider’s escrow account and said time, services and materials shall be in accordance with the rules, regulations and fees as promulgated and adopted by the Council. The subdivider, owner or developer making the deposit(s) in the subdivider’s escrow account shall be furnished a copy of said itemized charges and any balance remaining in the account shall be returned to the depositor by the Clerk after all claims and charges thereto have been paid.

(Ord. 274, passed 4-15-1997; Am. Ord. 308, passed 7-2-2002)

   The proposed subdivision shall conform to the Comprehensive Plan and policies as adopted by the city.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   (A)   Land shall be suited to the purpose for which it is to be subdivided. NO plat shall be approved if the site is not suitable for purposes of the kind proposed by reason of potential flooding, topography, or adverse earth or rock formation.

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

   (C)   Erosion and sedimentation control plans in accordance with the technical standards and specification of the Soil Conservation Service as provided by the Kanabec County Soil and Water Conservation District Office, are required on slopes with grades of eighteen percent (18%) or steeper.

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

   (E)   Subdivision shall comply with the Floodplain and Shoreland Management District requirements.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   (A)   Proposed streets shall conform to all state road and county highway plans as have been prepared, adopted, and/or filed as prescribed by law.

   (B)   Streets shall be logically related to the topography so as to produce usable lots and reasonable grades.

   (C)   Access shall be given to all lots and portions of the tract in the subdivided parcels unless the topography clearly indicates that such connection is not feasible. Reserved strips and land-locked areas shall not be created.

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

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

   (F)   Minor streets shall be laid out to discourage their use by through traffic. Thoroughfares shall be reserved for through traffic by providing marginal access streets, interior streets for serving lots, or other means.

   (G)   Half or partial streets will not be permitted, except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards of these regulations and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured.

   (H)   Wherever a tract to be subdivided adjoins an existing half, or partial street, the part of the street within such tract shall be platted.

   (I)   Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts, or when designed as cul-de-sac streets.

   (J)   Private streets and reserve strips shall be prohibited and no public improvements shall be approved for any private street. All streets shall be dedicated for public use.

   (K)   Where a subdivision abuts or contains an existing or planned major thoroughfare or a railroad right-of-way, a street approximately parallel to and on each side of such thoroughfare and right-of-way may be required for adequate protection of residential properties and separation of through and local traffic. Such service streets shall be located at a distance from the major thoroughfare or railroad right- of-way suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial and industrial purposes in appropriate districts. Such distances shall also be determined with due regard grade separations.

   (L)   The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   (A)   Cul-de-sac streets, permanently designed as such, shall not exceed six hundred (600) feet in length, except as variances are permitted. Such a variance may be granted if it can be clearly shown that by reason of unfavorable land from, or the irregular shape of the land from which the subdivision is being made, a normal street pattern cannot be established, or that land would be wasted by not granting such a variance.

   (B)   Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to a property line and a right-of-way of the same width as the street shall be carried to said property line in such a way as to permit future extension of the street into the adjoining tract. At such time as such a street is extended, the acreage covered by the turnaround outside the boundaries of the extended street shall revert in ownership to the property owner fronting on the temporary turnaround.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

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

 

   (B)   Where a subdivision abuts or contains an existing street of inadequate width, sufficient additional width shall be provided to meet the above standards.

   (C)   Additional right-of-way and roadway widths may be required to promote public safety and convenience when special conditions require it or to provide parking space in areas of intensive use.

   (D)   Extensions of existing streets with lesser right-of-way than prescribed above may be permitted by variance in special cases.

   (E)   Restriction of access. Access of minor streets onto state and county state aid highways, shall be discouraged at intervals of less than five hundred (500) feet.

   (F)   Street jog. Street jogs with center-line offsets of less than one hundred fifty (150) feet shall not be allowed.

   (G)   Deflection. When connecting street lines deflect from each other at any one (1) point by more than ten (10) degrees, they shall be connected by a curve with a radius of not less than one hundred (100) feet.

   (H)   Grades. Centerline gradients shall be at least four-tenths percent (0.4%) and shall not exceed the following:

 

 

   (I)   Vertical curves. Different connection street gradients shall be connected with vertical curves. Minimum length, in feet, of these curves shall be twenty (20) times the algebraic difference in the percent of grade of the two (2) adjacent slopes.

   (J)   Angle of intersection. The angle formed by any intersecting of streets shall not be less than sixty (60) degrees with ninety (90) degree intersections preferred.

   (K)   Size of intersection. Intersections of more than four (4) corners shall be prohibited.

   (L)   Corner radii for roadways. Roadways of street intersections shall be rounded by a radius of not less than fifteen (15) feet. Roadways of alley-street intersections shall be rounded by a radius of not less than six (6) feet. Corners at the entrances to the turnaround portions of a cul-de-sac shall be rounded by a radius of not less than fifteen (15) feet.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   (A)   Alleys shall not be permitted in new residential subdivisions.

   (B)   Except in the case of a planned shopping center development, either a public or private alley shall be provided in a block where commercially zoned property abuts a major thoroughfare or major street.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   A minimum of one (1) sidewalk may be required by the city throughout all new developments.

(Ord. 274, passed 4-15-1997; Am. Ord. 305, passed 7-2-2002)

   Extension of water and sewer services shall be made at the discretion of the city.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

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

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   Names of new streets shall not duplicate existing or platted street names unless a new street is a continuation of or in alignment with the existing or platted street. In that event it shall bear the same name of the existing or platted street so in alignment. Street names shall conform to the city uniform street naming and building numbering system.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   (A)   Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lots required in the area by the Zoning Code and to provide for convenient access, circulation control, and safety of street traffic.

   (B)   In residential areas, other than water frontage, blocks shall be not less than four hundred (400) feet or more than eighteen hundred (1,800) feet in length measured along the greatest dimension of the enclosed block area, unless minor variances are necessitated by topography or conformance with an adjoining plat.

   (C)   In blocks over nine hundred (900) feet long, a ten (10) foot wide pedestrian crosswalk may be required through the blocks in locations deemed necessary to public health, convenience, and necessity. Suitable paving and fencing shall be provided.

   (D)   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 and utilities shall be provided as necessary.

   (E)   Blocks shall be wide enough to allow two (2) tiers of lots with a minimum depth as required by the Zoning Code except adjoining a lake, stream, or thoroughfare or where one (1) tier of lots is necessary because of topographic conditions.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

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

   (B)   Each lot shall be afforded primary access on a public street.

   (C)   No lot shall have less area or width than is required by zoning regulations applying to the area in which it is located; except as herein provided.

   (D)   Lots designed for commercial or industrial purposes shall provide adequate off-the-street service, loading and parking facilities.

   (E)   Building sites. Each lot shall provide an adequate building site at least one (1) foot above the street grade or have a site drainage plan which is approved by the City Engineer.

   (F)   Minimum lot lines. No lot shall have a total width at the front or rear lot line of less than thirty (30) feet.

   (G)   Corner lots shall be platted at least twenty (20) feet wider than the minimum required.

   (H)   Butt lots in any subdivision are to be discouraged. Where such lots must be used to fit a particular type of design, they shall be platted at least five (5) feet wider than the average width of interior lots in the block.

   (I)   Through or double frontage lots. Such lots shall not be permitted except where such lots shall have an additional depth of ten (10) feet for screen planting along the rear lot line.

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

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

   (L)   Natural features. 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 as preserved will add attractiveness and stability to the proposed development.

   (M)   Lot remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, or a plan shown as to future use rather than allowed to remain as unusable parcels.

   (N)   Access to thoroughfares. In the case where a proposed plat is adjacent to a limited access highway, other major highway, or thoroughfare, there shall be no direct vehicular access from individual lots to such streets and roads. In the platting of small tracts of land fronting on limited access highways or thoroughfares where there is no other alternative, a temporary entrance may be granted; as neighboring land becomes subdivided and more preferable access arrangements become possible, such temporary access permits shall become void.

   (O)   Large lot planning and future resubdivision. In any area where lots in excess of twenty-four thousand (24,000) square feet or one hundred sixty (160) feet in width at the building setback line, a preliminary resubdivision plan may be required showing a potential and feasible way in which the lot or lots may be resubdivided in future years for more intensive use of the land. The placement of buildings or structures upon such lots shall allow for potential resubdivision.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   All lot corner pipes or iron rods shall be a minimum of one-half (1/2) inch in diameter, eighteen (18) inches in length, and shall be inscribed with the registration number of the land surveyor making the survey as prescribed in M.S. Chapter 505. All unmonumented quarter corners and section corners will be set by the Kanabec County surveyor.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   All streets will be constructed according to existing adopted city policy.

 

 

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   (A)   All lots must be connected to city sewer unless an exemption certificate has been obtained. Where lots cannot be connected with a public sewerage system, provisions must be made for sanitary sewerage facilities, consisting of individual disposal systems for each lot. This does not mean that the installation of individual disposal systems shall be at the expense of the subdivider.

   (B)   Any subdivision or lot not provided with off-site sewer facilities shall be subject to soil and percolation tests to determine whether or not the lot size proposed will meet minimum standards of health and sanitation. The lot area and topographic must be such that it will accommodate an adequate disposal system or systems to serve the residence for the estimated unscrewed years as determined by the governing body. Such tests shall be made at the expense of the subdivider, and a sketch map shall be submitted to identify the specific locations where tests were made.

   (C)   All proposed on-site sewage disposal systems shall comply with the regulations and recommended standards of the Minnesota Department of Health, Minnesota Pollution Control Agency, the city, and any other applicable governmental regulations.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   All lots must be connected to city water unless an exemption certificate has been obtained. Public water facilities shall be utilized where available. Water supply systems for all other areas shall be designed to meet regulations and recommended standards of the Minnesota Department of Health and the city when allowed.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   All surface and underground drainage systems shall be installed to adequately remove all natural drainage that accumulates on the developed property. All such systems shall be in conformity to the city’s drainage plans and all piping shall provide complete removal and a permanent solution for the removal of drainage water.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   All street signs of standard design approved by the city shall be provided and installed by the subdivider. Street lighting as required shall be provided and installed by the subdivider.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   A concrete curb and gutter of a design approved by the engineer shall be installed by the subdivider on each side of the streets indicated in the plat.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   All required improvements shall be inspected by the engineer during construction at the expense of the subdivider.

(Ord. 274, passed 4-15-1997) Penalty, see § 153.999

   Prior to the approval of a final plat by the governing body, the subdivider shall have agreed, in the manner set forth herein to install, in conformity with approved construction plans and in conformity with all applicable standards and ordinances, the following improvements on the site:

   (A)   Survey monuments;

   (B)   Grading;

   (C)   Pavements;

   (D)   Water mains;

   (E)   Public sanitary sewer;

   (F)   Drainage facilities; and

   (G)   Miscellaneous facilities and other improvements as required.

(Ord. 274, passed 4-15-1997)

   The improvements as listed elsewhere are to be furnished and installed at the sole expense of the subdivider. However, if any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement, representing the benefit to such lands, to be assessed against the same. In such a situation, the subdivider will pay only for such portion of the whole cost of said improvements as will represent the benefit to the property within the subdivision.

(Ord. 274, passed 4-15-1997)

   (A)   Prior to the installation of any improvements and prior to approval of the plat, the subdivider shall enter into a contact in writing with the city requiring the subdivider to furnish and construct said improvement at his or her sole cost and in accordance with plans and specifications and usual contract conditions. This shall include provision for supervision of details of construction by the engineer, and shall grant to the engineer authority to correlate the work to be done under said contract by any subcontractor authorized to proceed thereunder and with any other work being done or contracted by the community in the vicinity. The agreement shall require the subdivider to make an escrow deposit or, in lieu thereof, to furnish a performance bond, the amount of the deposit or penal amount of the bond to be equal to one hundred twenty-five percent (125%) of the engineer’s estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection.

   (B)   No subdivider shall be permitted to start work on any other subdivision without special approval of the governing body if he or she has previously defaulted on work or commitments.

(Ord. 274, passed 4-15-1997)

   The contract provided for in § 153.082 shall require the subdivider to make an escrow deposit or, in lieu thereof, furnish a performance bond. The escrow deposit or performance bond shall conform to the requirements of this regulation.

(Ord. 274, passed 4-15-1997)

   (A)   Construction plans for the required improvements conforming in all respects with the standards and ordinances of the city shall be prepared at the subdivider’s expense by a professional engineer who is registered in the state, and said plans shall contain his or her certificate. Such plans shall be submitted to the City Engineer for his or her approval and for his or her estimate of the total costs of the required improvement. Upon approval, such plans shall become a part of the required contract. The tracings of the plans approved by the engineer plus two (2) prints shall be furnished to the city to be filed as a public record.

   (B)   All required improvements on the site that are to be installed under the provisions of this regulation shall be inspected during the course of construction by the City Engineer at the subdivider’s expense, and acceptance by the city shall be subject to the engineer’s certificate of compliance with the contract. A cash escrow account to pay for the cost of inspection and engineering services during the construction of improvement is described under § 153.067.

(Ord. 274, passed 4-15-1997)

   Improvements within a subdivision which have been completed prior to application for approval of the plat or execution of the contract for installation of the required improvements in compliance with the requirements only if the engineer shall certify that he or she is satisfied that the existing improvements conform to applicable standards.

(Ord. 274, passed 4-15-1997)

   Where a larger size water main, sanitary sewer, storm drain or similar facility is required to serve areas outside the subdivision, the larger facility required must be constructed. Additional cost may be borne by the benefitting properties and the assessments are to be determined accordingly by the governing body.

(Ord. 274, passed 4-15-1997)

   (A)   The governing body may elect to install any or all of the required improvements pursuant to a cash escrow agreement or other financial arrangements with the subdivider.

   (B)   It is hereby the announced policy of the city that full and complete utility systems be installed in all needed areas as soon as is practicable and soon as it is practicable after final approval of a subdivision with installation within the subdivision of such improvements as may be determined to be necessary. In the event of small subdivisions or in subdivisions in which development may proceed slowly, or in other events in which the construction of gravel streets, utility line, or other improvements is clearly not feasible immediately following the approval of the plat, the governing body 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. Such improvements are required in order to provide greater assurance of public health, assure reliability of water supply, provide for economy of installation, provide more effective fire fighting through hydrants, and otherwise protect the public health, safety, convenience and general welfare.

(Ord. 274, passed 4-15-1997)

   Notwithstanding any provisions to the contrary herein contained the City Council, upon recommendation from the Planning Commission, may issue municipal improvement condos to pay the cost of required streets, sewer, water, and storm sewer improvements subject to the following:

   (A)   The proposed subdivision must be abutting upon a presently platted and substantially developed residential neighborhood.

   (B)   Before proceeding to issue improvement bonds, the Planning Commission and the City Council must make a finding based on current real estate activity in and around the city that lots within the proposed subdivision will be readily marketable.

   (C)   Issuance of improvement bonds to construct required improvements shall be upon petition and in accordance with M.S. Chapter 429 as amended and the total cost of such improvements shall be assessed against the benefitted property.

(Ord. 274, passed 4-15-1997)

   The governing body reserves the right to decline approval of a subdivision if due regard is not shown for the preservation of all natural features such as large trees, water courses, scenic points, historical spots and similar community assets which, if preserved, will add attractiveness and stability to the proposed development of the property.

(Ord. 274, passed 4-15-1997)

      (1)   Where a proposed drainage way, park, playground, school site or other public site, as shown on the Comprehensive Plan, is embraced in part or in whole by the boundary of a proposed subdivision and such public sites are not dedicated, such sites shall be reserved and no action taken towards approval of a final plat for a period not to exceed sixty (60) days to allow the proper governmental agency the opportunity to consider and take action towards acquisition of such public ground or park by purchase or other methods.

      (2)   In all new residential subdivisions, including planned unit development and mobile home parks, a minimum of five percent (5%) of the gross area subdivided shall be dedicated for public recreation space or other public use. The dedicated percent of the gross area subdivided shall be in addition to property dedicated for streets, alleys, easement, or other public ways. No areas may be dedicated for public use until such areas have been approved by the governing body as suitable and necessary for the public health, safety, convenience, and general welfare. When the subdivision is too small for practical dedication of public land or if no land in the subdivision is suitable or required for such use, the subdivider may be required to pay a fee as specified in a published fee schedule established by resolution of the governing body. Such money as may be collected shall be used for park land acquisition and park development.

      (3)   Lots created in any manner that are larger than five (5) acres may be subject to the above requirements if, in the opinion of the governing body, the lots will not be resubdivided.

      (4)   Where a subdivision includes any portion of a lake shore or the shoreline of a meandered stream, no less than ten percent (10%) of the portion of the shoreline lying within a subdivision shall be dedicated for use by the public along with sufficient land to allow access to a publicly dedicated street. This land may be a part of, or equal to, the percent of land for dedication as public land under this section.

(Ord. 274, passed 4-15-1997)

   Upon receiving a report from the Planning Commission, the governing body may grant a variance from the provisions for these regulations in the case of a planned unit development, as defined in the Zoning Code, provided that the Council shall find that the proposed development is fully consistent with the purpose and intent of these regulations and the Comprehensive Plan. This provision is intended to provide the necessary flexibility for new land planning and land development trends and techniques such as cluster development.

(Ord. 274, passed 4-15-1997)

   (A)   (1)   In the case of a subdivision resulting in three (3) or less lots, situated in a neighborhood where conditions are well defined, the governing body may exempt the subdivider from complying with some of the requirements of these regulations. In the case of a request to subdivide a lot which is a part of a recorded plat, or where the subdivision is to permit the adding of a parcel of land to an abutting lot or to crate not more than two (2) new lots plus the existing lot, and the newly crated property lines will not cause any resulting lot to be in violation of these regulations or the Zoning Code, the division may be approved by the governing body, after submission of a survey by a registered land surveyor showing the original lot and the proposed subdivision. Payment of all encumbrances for special assessments shall be a prerequisite for approval by the governing body unless specifically exempted.

      (2)   There shall be only one (1) minor subdivision with regard to the subject property in any twelve (12) month period.

   (B)   (1)   Fees shall be payable at the time applications are filed with the city and are not refundable unless application is withdrawn prior to review by the City Council. City Council may refer to Planning Commission for recommendation.

      (2)   There shall be no fee in the case of applications filed in the public interest by members of the Council or by the Planning Commission.

(Ord. 274, passed 4-15-1997; Am. Ord. 313, passed 2-4-2003) Penalty, see § 153.999

   All registered land surveys shall be filed subject to the same procedure as required for the filing of a plat for platting purposes. The standards and requirements set forth in these regulations shall apply to all registered land surveys. Unless the governing body shall approve, a registered land survey shall not be used to divide a parcel of land into lots for the purpose of transfer of ownership or building development, if any of the tracts do not have the required frontage on a dedicated public street.

(Ord. 274, passed 4-15-1997)

   (A)   No building permit shall be issued for any structure on any parcel of land less than five (5) acres in area and having a width of less than three hundred (300) feet at the building setback line.

   (B)   No building permit shall be issued for any structure on any parcel of land less than five (5) acres in area and having a width of less than three hundred (300) feet on an improved public street, at the building setback line which is described by metes and bounds, until a plat describing such parcel of land is filed with the Kanabec County Register of Deeds and proof thereof is furnished to the local governing body.

   (C)   When a conveyance by metes and bounds is made the parcels involved are between five (5) and twenty (20) acres in size, a survey of the parcels involved shall be submitted to the City Clerk before any building permits will be issued for those parcels and a copy of the survey should be attached to the deed when it is submitted to the Kanabec County Register of Deeds for recording.

(Ord. 274, passed 4-15-1997)

   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 these regulations, the governing body may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded.

(Ord. 274, passed 4-15-1997)

   Upon receiving the report from the Planning Commission, the governing body may grant a variance in any particular case where the subdivider can show that by reason of the exceptional topography or other physical conditions the strict compliance to these regulations could cause an exceptional and undue hardship on the enjoyment of a substantial property right. Such relief may be granted provided there is no detriment to the public welfare and no impairment of intended purpose of this regulation.

(Ord. 274, passed 4-15-1997)

   Application for any such variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for consideration. Variance procedure will follow the Zoning Code process and a public hearing will be held. Such application shall state fully all facts relied upon by the subdivider, and shall be supplemented with maps, plans or other additional data which may aid the Planning Commission in the analysis of the proposed project. Such variances shall be considered at the next regular meeting held by the Planning Commission. The plans for such restrictions or other legal provisions necessary to guarantee the full achievement of the proposed plat. Any variance or modification thus granted shall be recorded and entered in the minutes of the governing body setting forth the reasons for granting the variance. The fees to be paid for each application for a variance shall be established by resolution of the governing body and be available in the from of a published fee statement.

(Ord. 274, passed 4-15-1997)

   No building permit shall be issued for any construction, enlargement, alteration, or repair, demolition, or moving of any building or structure on any lot or parcel until all the requirements of this regulation have been fully met.

(Ord. 274, passed 4-15-1997)

   Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine and/or by imprisonment as provided for in the state statutes. Each day a violation exists may constitute a separate offense. (M.S. §§ 609.03 and 609.033)

(Ord. 274, passed 4-15-1997)