- SUBDIVISIONS
(a)
Existing conditions. A sketch plan shall contain the existing conditions.
(1)
Approximate exterior boundary drawn to a scale of not less than one-inch equals 100 feet with the scale and northerly direction shown thereon.
(2)
Indication of floodplains, wetlands, slopes over 12 percent, bluffs, tree cover and ordinary highwater mark.
(3)
Use of adjoining properties including street locations, structure locations and property lines.
(4)
Significant historical sites.
(5)
Approximate locations of existing structures.
(6)
Approximate locations of existing wells and sewage treatment systems.
(7)
Location by section, town, and range with small scale sketch showing location within the city.
(8)
The existing district and the district of adjacent parcels.
(b)
Proposed design. A sketch plan shall also contain the following proposed design elements:
(1)
Proposed roads and walkways.
(2)
Proposed lots with building setbacks and bluff impact zones.
(3)
Proposed open space.
(4)
Proposed city sewer and water system connections or sewage treatment systems and well locations.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024)
A preliminary plat, preliminary condominium plat or metes and bounds subdivision resulting in at least one parcel less than ten acres shall contain the following data (except as waived in advance by the planning and zoning commission), along with other reasonable information required by the commission needed to make a proper evaluation of the proposal:
(1)
Existing conditions.
a.
Boundary lines with lengths and bearings drawn to exact scale of no less than one-inch equals 100 feet taken from a boundary survey by a registered land surveyor with the legal description of the property, total acreage, name of the fee owner, developer and surveyor, north arrow and scale.
b.
Topography consisting of two-foot contour intervals, or, at the discretion of the planning and zoning commission during the sketch plan review, ten-foot contour intervals taken from USGS mapping with additional field determined spot elevations added to define drainageways, 100-year floodplains, wetlands, slopes and the OHW.
c.
Near shore aquatic conditions, including depths, types of bottoms, sediments and aquatic vegetation.
d.
Tree cover limits.
e.
Soils as determined by hand borings on a random basis, to determine depth to groundwater at lower elevations and suitability for sewage treatment systems. At least one boring for each unit unless waived by the planning and zoning commission.
f.
Location of adjoining streets, wetlands, structures and property lines within 200 feet of subject parcel, including acreage of any property owned by the developer not included in the preliminary plat.
g.
Significant historical sites.
h.
Significant wildlife habitat areas.
i.
Endangered, threatened, rare or critical species, both flora and fauna.
j.
Date of boundary survey, topography and proposed plat.
k.
Layout of existing streets, walkways, driveways, blocks, lots, and structures drawn to the same scale.
l.
Locations of existing wells and sewage treatment systems.
m.
Location by section, town, and range with small scale sketch showing location within the city.
n.
The existing district and the district of adjacent parcels.
(2)
Proposed design.
a.
Layout of proposed streets, walkways, driveways, blocks, lots, buildings, if known, drawn to same scale as existing data.
b.
Dimensions scaled to nearest five feet of all lot lines, street widths, easement widths and lakeshore lengths.
c.
Buildable areas of proposed lots.
d.
Structure setback lines from streets, lot lines and OHW and a designation of the buildable area on the parcel.
e.
Proposed open space with area shown.
f.
Proposed public dedication areas other than streets or walkways with the area shown.
g.
Proposed city sewer or water system connections and extensions existing and proposed with grades shown.
h.
Potential locations and estimated depth to water table for all proposed on-site sewage disposal systems, two per lot.
i.
Information regarding adequacy of domestic water supply.
j.
Proposed storm drainage system and erosion control, both during and after construction activities.
k.
Proposed street standards and profiles.
l.
Potential principal structure and accessory structure locations and elevations.
m.
Extent of anticipated vegetation and topographic alterations.
n.
Proposed covenants.
o.
Name of subdivision and proposed street names, which shall not duplicate or be alike another plat previously recorded.
p.
Stages of development proposed.
(3)
Evidence of authority to subdivide. Evidence of authority to subdivide the parcel consisting of fee ownership or written concurrence of fee owners.
(4)
Cost analysis. An analysis of the ongoing cost to the city to provide services and maintenance to the development shall be prepared using a form provided by the city. This cost shall be compared on the same form to the estimated increased valuation of the property and the corresponding tax revenue. The development shall not be approved if public subsidy is required for ongoing services and maintenance.
(5)
Lapse of approval. Failure of the subdivider to act after an approval of the preliminary plat or preliminary condominium plat within one year shall void the approval, unless extended by the planning and zoning commission. A second extension shall require a new public hearing.
(6)
Subdivision by metes and bounds. Any division of real estate resulting in two or more parcels which are not platted but divided by legal description prepared and signed by a registered land surveyor. All subdivision by metes and bounds resulting in residential parcels less than 20 acres or 500 feet in width; and commercial parcels less than five acres or 300 feet in width shall be considered for approval by the planning and zoning commission. Subdivision by metes and bounds shall be limited to no more than one split of a parcel into two parcels, including the remnant parcel, in a three-year period of time.
(7)
Subdivision of a result of the expansion or extension of a road right-of-way. Any division of real estate resulting in two or more parcels which are not platted or divided by metes and bounds description but are divided as a result of the expansion or extension of a road right-of-way as a result of city council or county board action, the resulting parcels of land may be considered buildable if all minimum design standards can be met and the resulting lots are at least 100 feet, or 80 percent of the required lot width, whichever is less.
(8)
Applicability; required filings and approvals. The provisions of this article shall be applicable to any subdivision of property within the city after the effective date of the ordinance from which this article is derived. In addition:
a.
Subdivision by plat or condominium plat shall be approved by the planning and zoning commission and council.
b.
Subdivision by metes and bounds shall be approved by the planning and zoning commission with any necessary reasonable conditions, if the resulting parcels are less than 20 acres and 500 feet of width for residential lots or five acres and 300 feet of width for commercial lots and shall be limited to no more than one split of a parcel into two parcels, including the remnant parcel, in a three-year period of time. An additional parcel for right-of-way or commonly owned driveway access may also be allowed.
c.
The proposed legal description for subdivision of land by metes and bounds shall be prepared and certified by metes and bounds shall be prepared and certified by a registered land surveyor. Approval by the planning and zoning commission shall be indicated by the signature of the planning and zoning commission chair, upon approval of the commission, and attached to the legal description. The county recorder or registrar of deeds may accept each such certificate for filing and recording upon compliance with these provisions.
d.
When subdivided parcels are the result of a court orders; adjustment of a lot line by relocation of a common boundary; cemetery lots; or lots created for the sole purpose of public utilities, including lift stations, step stations, manholes, and related structures, the lot split may be approved administratively by the city planner upon presentation to the city planner of all information required by this article.
(9)
Metes and bounds lot split approval. When appropriate under the provisions of subsection (8) of this section, the subdivider shall submit documents containing the essential information of a proposed plat or plan and including dimensions computed to one hundredth of a foot, and bearings computed to equivalent accuracy, to the planning and zoning commission for approval. The approval process shall include and be subject to the following:
a.
Subdivision by metes and bounds shall be approved by the planning and zoning commission with any necessary reasonable conditions, if the resulting parcels are less than 20 acres and 500 feet of width for residential lots or five acres and 300 feet of width for commercial lots and shall be limited to no more than one split of a parcel into two parcels, including the remnant parcel, in a three-year period of time.
b.
An additional parcel for right-of-way or commonly owned driveway access may also be allowed.
c.
The subdivider shall submit four copies of his or her proposal to the city planner 14 days prior to the normal planning and zoning commission meeting.
d.
The city planner shall review the proposed lot split for compliance with city zoning regulations including a field review at his or her discretion.
e.
The planning and zoning commission shall decide the approval of the lot split within a reasonable time based on the resulting lots complying with this article, the feasibility of the resulting lots for their intended purpose, and the provision for access to adjacent properties. Conditions may be attached to an approval requiring appropriate improvements as provided in subsection (8) of this section. No more than one split into two parcels shall be allowed in a three-year period of time. An additional parcel for right-of-way or commonly owned driveway access may also be allowed.
f.
The resulting land descriptions shall be prepared and signed by a registered land surveyor and shall comply with this section.
g.
Upon approval of the subdivision, the subdivider shall pay the required park dedication fee to the city and present a signed and notarized deed incorporating the legal descriptions from the certificate of survey including a current title opinion or title insurance commitment. Failure to pay the park dedication fee and record a signed deed within one year shall void approval of the unless such time is extended by the planning and zoning commission.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024)
A final plat or final condominium plat shall contain all elements required by this article and M.S.A. ch. 505 regarding plats, coordinates and surveys, the Uniform Condominium Act, M.S.A. ch. 515A, or the Minnesota Common Interest Ownership Act, M.S.A. ch. 515B, and the state plat manual, including, but not limited to, the following:
(a)
Conformance with approved preliminary plat or agreed upon portion thereof.
(b)
Design standards in conformance with the city of city zoning and subdivision regulations.
(c)
Preparation by a registered land surveyor. Signatures of mayor, clerk, county auditor, county treasurer and all parties with legal interest in the fee ownership of the land.
(d)
Dedication to the public of easements, rights-of-way, walkways and land to become public.
(e)
Drainage and utility easements over natural drainageways and significant wetlands.
(f)
Reservation of private streets in outlots.
(g)
Covenants shall be filed concurrently with the plat and shall be required to create an association of homeowners if a privately maintained cluster sewer or water system, common roads, a private trail system or other shared facilities are proposed for the subdivision.
(1)
The association shall consist of all benefited lot owners.
(2)
The association shall be responsible for all costs of maintenance and replacement.
(3)
The costs is uniformly divided by lots served.
(4)
The costs shall be lienable against the lots by the association if payment is not forthcoming.
(5)
The status of the facility shall be clearly stated as subject to perpetual private maintenance.
(6)
Provisions shall be made for emergency access or emergency maintenance by the city with subsequent reimbursement by the association.
(h)
Concurrent documents:
(1)
Title opinion, less than 60 days old, acceptable to the city attorney and showing conformance with those parties represented by signature on the plat as holding interest in the property being divided.
(2)
Financial security acceptable to the city attorney in the amount of 125 percent of the cost estimated by the city engineer for the uncompleted required improvements.
(3)
Development contract acceptable to the city attorney, if required.
(i)
Upon signature, the subdivider shall file all pertinent documents with the county recorder. Failure to file a final plat or plan within two years shall void the approval, unless extended by the city council.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)
The following design standards shall be considered minimum acceptable requirements in the review of the proposed subdivision by the city planner, city attorney, city engineer, planning and zoning commission and council, except as waived by variance approved by the board of adjustment:
(a)
The land shall be properly zoned and suitable in its natural state for the intended purpose with minimal alteration required. Land below the ordinary highwater mark, wetlands, bluffs, road right of way and road easements shall not be considered when determining buildable area on a lot. The suitability analysis for each lot shall also consider soil and rock formations with severe limitations for development, severe erosion potential, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sights, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.
(b)
All nonconforming structures and uses shall be brought into conformity during the subdivision process, except as specifically waived by motion of the planning and zoning commission.
(c)
Each lot shall be adjacent to public sewer or shall have a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment sewage systems.
(d)
When near shore aquatic conditions are unsuitable for direct access, alternative provisions for water-based recreation shall be specified.
(e)
Lot areas and dimensions shall conform to the requirements of city zoning regulations, without variance.
(f)
Lot layouts shall be compatible with the existing layout of adjoining properties or shall not constrain the future development of adjacent properties if those properties were to be developed as per city zoning regulations.
(g)
Side lot lines shall be substantially at right angles to straight road lines or radial to curved road lines, radial to lake or stream shores, unless determined otherwise by the planner that strict adherence to this section is not feasible or prudent. Existing structures shall not be construed to be a topographic condition.
(h)
Each lot shall be required to have a minimum of a 33 foot easement or dedication that provides access to a designated right-of-way. Commonly owned property or open space used for access in a planned unit development shall have a minimum of 33 feet of frontage on a public right-of-way.
(i)
Proposed streets shall conform to the adopted road standards of the city, county and state highway plans and existing boundary conditions and shall be in conformity with the following standards:
(1)
Streets shall be related to the topography so as to produce useable lots and reasonable gradients not in excess of ten percent for collector roads and 12 percent for minor roads.
(2)
Public access shall be given to adjacent properties unless the topography clearly indicated future connection is not feasible.
(3)
When parcels abutting arterial or collector roads are subdivided, no new access points shall be created unless an equal number of access points are removed, unless access points are created not less than 500 feet apart in which case there shall be no limit on the number of accessed allowed.
(4)
Half streets or connections of half streets to partial streets without providing for the full required right-of-way will not be permitted.
(5)
Streets shall be designed as collectors or local streets in accordance with the city road plan.
(6)
The number of streets that terminate without a through connection shall be minimized and a street connected to a cul-de-sac (turnaround) shall not exceed 1,200 feet in length.
(7)
Access shall be given to all adjacent properties when required by the planning and zoning commission. All streets intended to be extended to adjoining property, shall be provided with a temporary cul-de-sac with the sides on a temporary easement, which will revert to the adjoining lot owner when released by the city. Landlocked areas shall not be created.
(j)
Right-of-way shall be dedicated to the public as shown in the table below. Additional rights-of-way may be required to promote public safety and convenience if special conditions require, such as intersections, sight lines on corners or excessive cut or fill sections.
(k)
Intersections shall comply with the following standards:
(1)
Street centerlines shall intersect at not less than 75 degrees.
(2)
Street jogs shall be no less than 200 feet from centerline to centerline.
(3)
Gradients at intersections and for 50 feet approaching on each side of an intersection shall not exceed two percent. The approach shall contain no grades greater than seven percent for 200 feet on each side of the intersection.
(l)
Roads, driveways and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones.
(m)
Street names shall conform to the pattern of the city and continue an existing name on the same alignment, where determined applicable by the planning and zoning commission. Street names shall be coordinated with the county surveyor's office.
(n)
Easements shall be provided for public utilities or drainage where required by the planning and zoning commission and shall be following widths minimum:
(o)
Lots requiring variances to allow their use for the intended purposes or requiring holding tanks for sewage shall not be allowed.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)
Survey standards shall be those required by M.S.A. ch. 505, including the placement of all monuments including block corners, lot corners, curve points and lake survey line points on lot lines. All federal, state, county and other official benchmarks, monuments or triangulation points in or adjacent to the proposed subdivision shall be preserved in position unless relocation is approved by the controlling agency.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)
All streets within the subdivision shall be constructed by the subdivider or otherwise provided for by agreement in a development contract between the subdivider and the city council with all expenses borne by the subdivider. Local streets and collector streets shall be constructed according to the established minimum standards and shall be approved by the city engineer.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)
(a)
No land shall be subdivided for building purposes unless two adequate sites are available on the newly created lot for a conforming on-site sewage treatment system, or the subdivider constructs a cluster system serving the lots, to be owned and maintained by a property owners' association, or the lot is provided with sanitary service by a municipal sewer system at the expense of the subdivider.
(b)
A municipal sewer system shall be extended to the lot at the subdivider's expense by agreement in a developer agreement between the subdivider and the city council if the existing system is adjacent to the parcel being subdivided or reasonably close, in the opinion of the engineer and planning and zoning commission, or if the density of the proposed development necessitates a municipal sewer connection. The sewer shall also be extended to the exterior boundary of the subdivision at locations designated by the engineer.
(c)
On-site systems or cluster on-site systems shall conform to Minn. R. ch. 7080 and provide for two treatment sites for drain fields.
(d)
Municipal sewage facilities shall be designed by a registered engineer, approved by the city engineer, approved by the state pollution control agency and installed according to the most recent edition of the Standard Specifications (or equivalent publication) published by the City Engineers Association of Minnesota.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)
(a)
The subdivider shall be responsible to provide the proposed subdivision with adequate spacing between building sites, on-site sewage disposal sites, and potential well locations to allow the well installations to conform with the city zoning regulations requirements or the sub-divider shall provide the lot with a cluster water supply system to be owned and operated by a property owner's association.
(b)
On-site wells or cluster water systems shall conform to the Water Well Construction Code, Minn. R. ch. 4725, and the cluster system shall receive the approval of the city engineer.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)
(a)
The subdivider shall consider the retention of natural stormwater and snowmelt drainage patterns in the design of his or her proposed subdivision. The subdivider shall be responsible to provide adequate drainage facilities for his or her development and upstream properties.
(b)
All subdivisions shall demonstrate provisions for adequate surface or subsurface runoff of stormwater and snow melt directed to natural drainageways.
(c)
All natural drainageways draining properties upstream from the subject property shall be identified and preserved, and no structures shall be less than one foot above the water level in the drainageway created by a storm of a 100-year, 24-hour rain event. No filling of areas inundated by the 100-year, 24-hour, rain event shall be allowed.
(d)
Additional runoff for a 100-year, 24-hour rain event from all streets and building sites at build-out shall be accounted for and maintained within the development.
(e)
Natural or manmade storage areas shall be utilized where needed and shall be designated by drainage and utility easement by the sub divide. All storage areas shall be vegetated and designed to lower naturally after a storm.
(f)
All drainage structures or improvements provided shall be sufficient in size to pass a 100-year, 24-hour storm event through the natural drainageway.
(g)
All areas disturbed by grading, street construction or structure installation shall be covered with a minimum of three-inches natural topsoil and seeded. Drainageways over two percent in gradient shall, at a minimum, be sodded.
(h)
All parking areas, heavy use areas, storage areas and impervious area shall be diverted to a basin designed to allow entrapment of silts and nutrients prior to discharge to a natural drainageway.
(i)
There shall be no discharge of untreated stormwater to a water body.
(j)
Erosion control measures shall be provided as needed to prevent or contain erosion.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)
(a)
In accordance with the provisions of M.S.A. § 462.358, the subdivider shall dedicate, to the public, lands for highway rights-of-way, street rights-of-way, utility easements, wetland easements, and similar lands required for perpetual and public improvements.
(b)
The city finds it in the public interest and necessary to provide future parks, trails and other public open and recreational spaces for the city's citizens. As such, for every new subdivision of land involving three or more lots which are to be developed for residential purposes, the city council, with the recommendation of the planning and zoning commission, shall require a payment or dedication to the city of any one of the following:
(1)
A reasonable portion of a land dedication for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails, wetlands, or open space, up to 0.016 acres per resident expected in the proposed development, using the most recent average household size as determined by the state demographer's office and the U.S. Census Bureau.
(2)
A payment of up to $416.00 per expected resident in the proposed subdivision, using the most recent average household size as determined by the state demographer's office and the U.S. Census Bureau.
(3)
A combination of land dedication and cash payment to the city for parks and open space purposes that reflects the values contained herein, and in the city's comprehensive plan.
(c)
The amount of land or payment shall be set by the city council, from the recommendation of the planning and zoning commission, after taking into consideration the open space, park, recreational, or common areas facilities which the applicant proposes to reserve for public use within the subdivision. Park space offered by a developer shall be subject to the approval of the parks commission.
(d)
The city shall grant preference to payment in lieu of land dedication unless an area within the land to be platted has been identified by the city for park acquisition. The following factors shall be taken into consideration when reviewing potential lands for park dedication:
(1)
The suitability of the land for its intended purpose.
(2)
The future needs of the community regarding parks, trails, and open spaces.
(3)
The amount of any fees imposed, consistent with the requirements and limitations contained in this section.
(4)
Whether the land is adjacent to or near other public recreation lands.
(5)
Whether there is an opportunity to extend an existing or proposed trail or to enlarge an existing or proposed park or recreational facility.
(6)
Whether the land dedication would protect environmentally or historically significant or sensitive sites.
(7)
Whether the land dedication provides a unique public benefit or contains unique natural features.
(e)
When private open space for park or recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision or owners of the development, the planning and zoning commission may consider granting a credit for park dedication. A credit of up to 2.5 percent of the buildable area of the proposed open space may be given, provided that the following conditions are met:
(1)
The land area designated as open space and used in the calculation of the 2.5 percent-credit shall not include any area that is otherwise considered unbuildable, including, but not limited to, wetlands, steep slopes exceeding 12 percent, and the area within setbacks from property lines, required buffer zones, bluffs, and the ordinary highwater mark, among others.
(2)
The land area designated as open space within the development is not occupied by non-recreational buildings, such as maintenance or caretaking buildings, and is available for use to all residents of the proposed subdivision.
(3)
The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the development and which cannot be defeated or eliminated without the consent of the city.
(4)
The area required to obtain increased densities shall not be included in the computation of such private open space.
(f)
Funds received by the city, in lieu of land dedication, shall be placed in a special fund in accordance with M.S.A. § 462.358(2b).
(g)
All land dedication pursuant to this section shall be conveyed to the city through a warranty deed drafted by the city attorney.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)
- SUBDIVISIONS
(a)
Existing conditions. A sketch plan shall contain the existing conditions.
(1)
Approximate exterior boundary drawn to a scale of not less than one-inch equals 100 feet with the scale and northerly direction shown thereon.
(2)
Indication of floodplains, wetlands, slopes over 12 percent, bluffs, tree cover and ordinary highwater mark.
(3)
Use of adjoining properties including street locations, structure locations and property lines.
(4)
Significant historical sites.
(5)
Approximate locations of existing structures.
(6)
Approximate locations of existing wells and sewage treatment systems.
(7)
Location by section, town, and range with small scale sketch showing location within the city.
(8)
The existing district and the district of adjacent parcels.
(b)
Proposed design. A sketch plan shall also contain the following proposed design elements:
(1)
Proposed roads and walkways.
(2)
Proposed lots with building setbacks and bluff impact zones.
(3)
Proposed open space.
(4)
Proposed city sewer and water system connections or sewage treatment systems and well locations.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024)
A preliminary plat, preliminary condominium plat or metes and bounds subdivision resulting in at least one parcel less than ten acres shall contain the following data (except as waived in advance by the planning and zoning commission), along with other reasonable information required by the commission needed to make a proper evaluation of the proposal:
(1)
Existing conditions.
a.
Boundary lines with lengths and bearings drawn to exact scale of no less than one-inch equals 100 feet taken from a boundary survey by a registered land surveyor with the legal description of the property, total acreage, name of the fee owner, developer and surveyor, north arrow and scale.
b.
Topography consisting of two-foot contour intervals, or, at the discretion of the planning and zoning commission during the sketch plan review, ten-foot contour intervals taken from USGS mapping with additional field determined spot elevations added to define drainageways, 100-year floodplains, wetlands, slopes and the OHW.
c.
Near shore aquatic conditions, including depths, types of bottoms, sediments and aquatic vegetation.
d.
Tree cover limits.
e.
Soils as determined by hand borings on a random basis, to determine depth to groundwater at lower elevations and suitability for sewage treatment systems. At least one boring for each unit unless waived by the planning and zoning commission.
f.
Location of adjoining streets, wetlands, structures and property lines within 200 feet of subject parcel, including acreage of any property owned by the developer not included in the preliminary plat.
g.
Significant historical sites.
h.
Significant wildlife habitat areas.
i.
Endangered, threatened, rare or critical species, both flora and fauna.
j.
Date of boundary survey, topography and proposed plat.
k.
Layout of existing streets, walkways, driveways, blocks, lots, and structures drawn to the same scale.
l.
Locations of existing wells and sewage treatment systems.
m.
Location by section, town, and range with small scale sketch showing location within the city.
n.
The existing district and the district of adjacent parcels.
(2)
Proposed design.
a.
Layout of proposed streets, walkways, driveways, blocks, lots, buildings, if known, drawn to same scale as existing data.
b.
Dimensions scaled to nearest five feet of all lot lines, street widths, easement widths and lakeshore lengths.
c.
Buildable areas of proposed lots.
d.
Structure setback lines from streets, lot lines and OHW and a designation of the buildable area on the parcel.
e.
Proposed open space with area shown.
f.
Proposed public dedication areas other than streets or walkways with the area shown.
g.
Proposed city sewer or water system connections and extensions existing and proposed with grades shown.
h.
Potential locations and estimated depth to water table for all proposed on-site sewage disposal systems, two per lot.
i.
Information regarding adequacy of domestic water supply.
j.
Proposed storm drainage system and erosion control, both during and after construction activities.
k.
Proposed street standards and profiles.
l.
Potential principal structure and accessory structure locations and elevations.
m.
Extent of anticipated vegetation and topographic alterations.
n.
Proposed covenants.
o.
Name of subdivision and proposed street names, which shall not duplicate or be alike another plat previously recorded.
p.
Stages of development proposed.
(3)
Evidence of authority to subdivide. Evidence of authority to subdivide the parcel consisting of fee ownership or written concurrence of fee owners.
(4)
Cost analysis. An analysis of the ongoing cost to the city to provide services and maintenance to the development shall be prepared using a form provided by the city. This cost shall be compared on the same form to the estimated increased valuation of the property and the corresponding tax revenue. The development shall not be approved if public subsidy is required for ongoing services and maintenance.
(5)
Lapse of approval. Failure of the subdivider to act after an approval of the preliminary plat or preliminary condominium plat within one year shall void the approval, unless extended by the planning and zoning commission. A second extension shall require a new public hearing.
(6)
Subdivision by metes and bounds. Any division of real estate resulting in two or more parcels which are not platted but divided by legal description prepared and signed by a registered land surveyor. All subdivision by metes and bounds resulting in residential parcels less than 20 acres or 500 feet in width; and commercial parcels less than five acres or 300 feet in width shall be considered for approval by the planning and zoning commission. Subdivision by metes and bounds shall be limited to no more than one split of a parcel into two parcels, including the remnant parcel, in a three-year period of time.
(7)
Subdivision of a result of the expansion or extension of a road right-of-way. Any division of real estate resulting in two or more parcels which are not platted or divided by metes and bounds description but are divided as a result of the expansion or extension of a road right-of-way as a result of city council or county board action, the resulting parcels of land may be considered buildable if all minimum design standards can be met and the resulting lots are at least 100 feet, or 80 percent of the required lot width, whichever is less.
(8)
Applicability; required filings and approvals. The provisions of this article shall be applicable to any subdivision of property within the city after the effective date of the ordinance from which this article is derived. In addition:
a.
Subdivision by plat or condominium plat shall be approved by the planning and zoning commission and council.
b.
Subdivision by metes and bounds shall be approved by the planning and zoning commission with any necessary reasonable conditions, if the resulting parcels are less than 20 acres and 500 feet of width for residential lots or five acres and 300 feet of width for commercial lots and shall be limited to no more than one split of a parcel into two parcels, including the remnant parcel, in a three-year period of time. An additional parcel for right-of-way or commonly owned driveway access may also be allowed.
c.
The proposed legal description for subdivision of land by metes and bounds shall be prepared and certified by metes and bounds shall be prepared and certified by a registered land surveyor. Approval by the planning and zoning commission shall be indicated by the signature of the planning and zoning commission chair, upon approval of the commission, and attached to the legal description. The county recorder or registrar of deeds may accept each such certificate for filing and recording upon compliance with these provisions.
d.
When subdivided parcels are the result of a court orders; adjustment of a lot line by relocation of a common boundary; cemetery lots; or lots created for the sole purpose of public utilities, including lift stations, step stations, manholes, and related structures, the lot split may be approved administratively by the city planner upon presentation to the city planner of all information required by this article.
(9)
Metes and bounds lot split approval. When appropriate under the provisions of subsection (8) of this section, the subdivider shall submit documents containing the essential information of a proposed plat or plan and including dimensions computed to one hundredth of a foot, and bearings computed to equivalent accuracy, to the planning and zoning commission for approval. The approval process shall include and be subject to the following:
a.
Subdivision by metes and bounds shall be approved by the planning and zoning commission with any necessary reasonable conditions, if the resulting parcels are less than 20 acres and 500 feet of width for residential lots or five acres and 300 feet of width for commercial lots and shall be limited to no more than one split of a parcel into two parcels, including the remnant parcel, in a three-year period of time.
b.
An additional parcel for right-of-way or commonly owned driveway access may also be allowed.
c.
The subdivider shall submit four copies of his or her proposal to the city planner 14 days prior to the normal planning and zoning commission meeting.
d.
The city planner shall review the proposed lot split for compliance with city zoning regulations including a field review at his or her discretion.
e.
The planning and zoning commission shall decide the approval of the lot split within a reasonable time based on the resulting lots complying with this article, the feasibility of the resulting lots for their intended purpose, and the provision for access to adjacent properties. Conditions may be attached to an approval requiring appropriate improvements as provided in subsection (8) of this section. No more than one split into two parcels shall be allowed in a three-year period of time. An additional parcel for right-of-way or commonly owned driveway access may also be allowed.
f.
The resulting land descriptions shall be prepared and signed by a registered land surveyor and shall comply with this section.
g.
Upon approval of the subdivision, the subdivider shall pay the required park dedication fee to the city and present a signed and notarized deed incorporating the legal descriptions from the certificate of survey including a current title opinion or title insurance commitment. Failure to pay the park dedication fee and record a signed deed within one year shall void approval of the unless such time is extended by the planning and zoning commission.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024)
A final plat or final condominium plat shall contain all elements required by this article and M.S.A. ch. 505 regarding plats, coordinates and surveys, the Uniform Condominium Act, M.S.A. ch. 515A, or the Minnesota Common Interest Ownership Act, M.S.A. ch. 515B, and the state plat manual, including, but not limited to, the following:
(a)
Conformance with approved preliminary plat or agreed upon portion thereof.
(b)
Design standards in conformance with the city of city zoning and subdivision regulations.
(c)
Preparation by a registered land surveyor. Signatures of mayor, clerk, county auditor, county treasurer and all parties with legal interest in the fee ownership of the land.
(d)
Dedication to the public of easements, rights-of-way, walkways and land to become public.
(e)
Drainage and utility easements over natural drainageways and significant wetlands.
(f)
Reservation of private streets in outlots.
(g)
Covenants shall be filed concurrently with the plat and shall be required to create an association of homeowners if a privately maintained cluster sewer or water system, common roads, a private trail system or other shared facilities are proposed for the subdivision.
(1)
The association shall consist of all benefited lot owners.
(2)
The association shall be responsible for all costs of maintenance and replacement.
(3)
The costs is uniformly divided by lots served.
(4)
The costs shall be lienable against the lots by the association if payment is not forthcoming.
(5)
The status of the facility shall be clearly stated as subject to perpetual private maintenance.
(6)
Provisions shall be made for emergency access or emergency maintenance by the city with subsequent reimbursement by the association.
(h)
Concurrent documents:
(1)
Title opinion, less than 60 days old, acceptable to the city attorney and showing conformance with those parties represented by signature on the plat as holding interest in the property being divided.
(2)
Financial security acceptable to the city attorney in the amount of 125 percent of the cost estimated by the city engineer for the uncompleted required improvements.
(3)
Development contract acceptable to the city attorney, if required.
(i)
Upon signature, the subdivider shall file all pertinent documents with the county recorder. Failure to file a final plat or plan within two years shall void the approval, unless extended by the city council.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)
The following design standards shall be considered minimum acceptable requirements in the review of the proposed subdivision by the city planner, city attorney, city engineer, planning and zoning commission and council, except as waived by variance approved by the board of adjustment:
(a)
The land shall be properly zoned and suitable in its natural state for the intended purpose with minimal alteration required. Land below the ordinary highwater mark, wetlands, bluffs, road right of way and road easements shall not be considered when determining buildable area on a lot. The suitability analysis for each lot shall also consider soil and rock formations with severe limitations for development, severe erosion potential, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sights, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.
(b)
All nonconforming structures and uses shall be brought into conformity during the subdivision process, except as specifically waived by motion of the planning and zoning commission.
(c)
Each lot shall be adjacent to public sewer or shall have a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment sewage systems.
(d)
When near shore aquatic conditions are unsuitable for direct access, alternative provisions for water-based recreation shall be specified.
(e)
Lot areas and dimensions shall conform to the requirements of city zoning regulations, without variance.
(f)
Lot layouts shall be compatible with the existing layout of adjoining properties or shall not constrain the future development of adjacent properties if those properties were to be developed as per city zoning regulations.
(g)
Side lot lines shall be substantially at right angles to straight road lines or radial to curved road lines, radial to lake or stream shores, unless determined otherwise by the planner that strict adherence to this section is not feasible or prudent. Existing structures shall not be construed to be a topographic condition.
(h)
Each lot shall be required to have a minimum of a 33 foot easement or dedication that provides access to a designated right-of-way. Commonly owned property or open space used for access in a planned unit development shall have a minimum of 33 feet of frontage on a public right-of-way.
(i)
Proposed streets shall conform to the adopted road standards of the city, county and state highway plans and existing boundary conditions and shall be in conformity with the following standards:
(1)
Streets shall be related to the topography so as to produce useable lots and reasonable gradients not in excess of ten percent for collector roads and 12 percent for minor roads.
(2)
Public access shall be given to adjacent properties unless the topography clearly indicated future connection is not feasible.
(3)
When parcels abutting arterial or collector roads are subdivided, no new access points shall be created unless an equal number of access points are removed, unless access points are created not less than 500 feet apart in which case there shall be no limit on the number of accessed allowed.
(4)
Half streets or connections of half streets to partial streets without providing for the full required right-of-way will not be permitted.
(5)
Streets shall be designed as collectors or local streets in accordance with the city road plan.
(6)
The number of streets that terminate without a through connection shall be minimized and a street connected to a cul-de-sac (turnaround) shall not exceed 1,200 feet in length.
(7)
Access shall be given to all adjacent properties when required by the planning and zoning commission. All streets intended to be extended to adjoining property, shall be provided with a temporary cul-de-sac with the sides on a temporary easement, which will revert to the adjoining lot owner when released by the city. Landlocked areas shall not be created.
(j)
Right-of-way shall be dedicated to the public as shown in the table below. Additional rights-of-way may be required to promote public safety and convenience if special conditions require, such as intersections, sight lines on corners or excessive cut or fill sections.
(k)
Intersections shall comply with the following standards:
(1)
Street centerlines shall intersect at not less than 75 degrees.
(2)
Street jogs shall be no less than 200 feet from centerline to centerline.
(3)
Gradients at intersections and for 50 feet approaching on each side of an intersection shall not exceed two percent. The approach shall contain no grades greater than seven percent for 200 feet on each side of the intersection.
(l)
Roads, driveways and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones.
(m)
Street names shall conform to the pattern of the city and continue an existing name on the same alignment, where determined applicable by the planning and zoning commission. Street names shall be coordinated with the county surveyor's office.
(n)
Easements shall be provided for public utilities or drainage where required by the planning and zoning commission and shall be following widths minimum:
(o)
Lots requiring variances to allow their use for the intended purposes or requiring holding tanks for sewage shall not be allowed.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)
Survey standards shall be those required by M.S.A. ch. 505, including the placement of all monuments including block corners, lot corners, curve points and lake survey line points on lot lines. All federal, state, county and other official benchmarks, monuments or triangulation points in or adjacent to the proposed subdivision shall be preserved in position unless relocation is approved by the controlling agency.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)
All streets within the subdivision shall be constructed by the subdivider or otherwise provided for by agreement in a development contract between the subdivider and the city council with all expenses borne by the subdivider. Local streets and collector streets shall be constructed according to the established minimum standards and shall be approved by the city engineer.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)
(a)
No land shall be subdivided for building purposes unless two adequate sites are available on the newly created lot for a conforming on-site sewage treatment system, or the subdivider constructs a cluster system serving the lots, to be owned and maintained by a property owners' association, or the lot is provided with sanitary service by a municipal sewer system at the expense of the subdivider.
(b)
A municipal sewer system shall be extended to the lot at the subdivider's expense by agreement in a developer agreement between the subdivider and the city council if the existing system is adjacent to the parcel being subdivided or reasonably close, in the opinion of the engineer and planning and zoning commission, or if the density of the proposed development necessitates a municipal sewer connection. The sewer shall also be extended to the exterior boundary of the subdivision at locations designated by the engineer.
(c)
On-site systems or cluster on-site systems shall conform to Minn. R. ch. 7080 and provide for two treatment sites for drain fields.
(d)
Municipal sewage facilities shall be designed by a registered engineer, approved by the city engineer, approved by the state pollution control agency and installed according to the most recent edition of the Standard Specifications (or equivalent publication) published by the City Engineers Association of Minnesota.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)
(a)
The subdivider shall be responsible to provide the proposed subdivision with adequate spacing between building sites, on-site sewage disposal sites, and potential well locations to allow the well installations to conform with the city zoning regulations requirements or the sub-divider shall provide the lot with a cluster water supply system to be owned and operated by a property owner's association.
(b)
On-site wells or cluster water systems shall conform to the Water Well Construction Code, Minn. R. ch. 4725, and the cluster system shall receive the approval of the city engineer.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)
(a)
The subdivider shall consider the retention of natural stormwater and snowmelt drainage patterns in the design of his or her proposed subdivision. The subdivider shall be responsible to provide adequate drainage facilities for his or her development and upstream properties.
(b)
All subdivisions shall demonstrate provisions for adequate surface or subsurface runoff of stormwater and snow melt directed to natural drainageways.
(c)
All natural drainageways draining properties upstream from the subject property shall be identified and preserved, and no structures shall be less than one foot above the water level in the drainageway created by a storm of a 100-year, 24-hour rain event. No filling of areas inundated by the 100-year, 24-hour, rain event shall be allowed.
(d)
Additional runoff for a 100-year, 24-hour rain event from all streets and building sites at build-out shall be accounted for and maintained within the development.
(e)
Natural or manmade storage areas shall be utilized where needed and shall be designated by drainage and utility easement by the sub divide. All storage areas shall be vegetated and designed to lower naturally after a storm.
(f)
All drainage structures or improvements provided shall be sufficient in size to pass a 100-year, 24-hour storm event through the natural drainageway.
(g)
All areas disturbed by grading, street construction or structure installation shall be covered with a minimum of three-inches natural topsoil and seeded. Drainageways over two percent in gradient shall, at a minimum, be sodded.
(h)
All parking areas, heavy use areas, storage areas and impervious area shall be diverted to a basin designed to allow entrapment of silts and nutrients prior to discharge to a natural drainageway.
(i)
There shall be no discharge of untreated stormwater to a water body.
(j)
Erosion control measures shall be provided as needed to prevent or contain erosion.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)
(a)
In accordance with the provisions of M.S.A. § 462.358, the subdivider shall dedicate, to the public, lands for highway rights-of-way, street rights-of-way, utility easements, wetland easements, and similar lands required for perpetual and public improvements.
(b)
The city finds it in the public interest and necessary to provide future parks, trails and other public open and recreational spaces for the city's citizens. As such, for every new subdivision of land involving three or more lots which are to be developed for residential purposes, the city council, with the recommendation of the planning and zoning commission, shall require a payment or dedication to the city of any one of the following:
(1)
A reasonable portion of a land dedication for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails, wetlands, or open space, up to 0.016 acres per resident expected in the proposed development, using the most recent average household size as determined by the state demographer's office and the U.S. Census Bureau.
(2)
A payment of up to $416.00 per expected resident in the proposed subdivision, using the most recent average household size as determined by the state demographer's office and the U.S. Census Bureau.
(3)
A combination of land dedication and cash payment to the city for parks and open space purposes that reflects the values contained herein, and in the city's comprehensive plan.
(c)
The amount of land or payment shall be set by the city council, from the recommendation of the planning and zoning commission, after taking into consideration the open space, park, recreational, or common areas facilities which the applicant proposes to reserve for public use within the subdivision. Park space offered by a developer shall be subject to the approval of the parks commission.
(d)
The city shall grant preference to payment in lieu of land dedication unless an area within the land to be platted has been identified by the city for park acquisition. The following factors shall be taken into consideration when reviewing potential lands for park dedication:
(1)
The suitability of the land for its intended purpose.
(2)
The future needs of the community regarding parks, trails, and open spaces.
(3)
The amount of any fees imposed, consistent with the requirements and limitations contained in this section.
(4)
Whether the land is adjacent to or near other public recreation lands.
(5)
Whether there is an opportunity to extend an existing or proposed trail or to enlarge an existing or proposed park or recreational facility.
(6)
Whether the land dedication would protect environmentally or historically significant or sensitive sites.
(7)
Whether the land dedication provides a unique public benefit or contains unique natural features.
(e)
When private open space for park or recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision or owners of the development, the planning and zoning commission may consider granting a credit for park dedication. A credit of up to 2.5 percent of the buildable area of the proposed open space may be given, provided that the following conditions are met:
(1)
The land area designated as open space and used in the calculation of the 2.5 percent-credit shall not include any area that is otherwise considered unbuildable, including, but not limited to, wetlands, steep slopes exceeding 12 percent, and the area within setbacks from property lines, required buffer zones, bluffs, and the ordinary highwater mark, among others.
(2)
The land area designated as open space within the development is not occupied by non-recreational buildings, such as maintenance or caretaking buildings, and is available for use to all residents of the proposed subdivision.
(3)
The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the development and which cannot be defeated or eliminated without the consent of the city.
(4)
The area required to obtain increased densities shall not be included in the computation of such private open space.
(f)
Funds received by the city, in lieu of land dedication, shall be placed in a special fund in accordance with M.S.A. § 462.358(2b).
(g)
All land dedication pursuant to this section shall be conveyed to the city through a warranty deed drafted by the city attorney.
(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)