St Michael City Zoning Code
CHAPTER 154
SUBDIVISIONS
§ 154.011 AUTHORITY.
(A) Title. This chapter shall be known as the "Subdivision Ordinance of the City of St. Michael," and will be referred to herein as "this chapter."
(B) Purpose. In order to safeguard the best interests of the city and to assist the subdivider in harmonizing his or her interests with those of the city at large, the following regulations are adopted so that the adherence to same will bring results beneficial to both parties. It is the purpose of this chapter to make certain regulations and requirements for the subdivision or platting of land within the city pursuant to the authority contained in Minnesota Statutes, which regulations the City Council deems necessary for the health, safety, and general welfare of this community.
(C) Effective date and authority to adopt.
(1) The effective date of this chapter is December 19, 2024. This chapter hereby supersedes and replaces in its entirety, the prior Chapter 154 Subdivisions, on the effective date hereof.
(2) The authority to adopt this chapter within the City of St. Michael is derived from M.S., Chapter 462, including but not limited to § 462.358, as well as other applicable state statutes and rules.
(3) Whenever other applicable city, state, or federal laws or rules referenced in this chapter have been amended or superseded, this chapter shall also be considered amended accordingly.
(Ord. 2402, passed 12-10-24)
§ 154.012 APPLICABILITY.
(A) The rules and regulations governing plats and subdivisions of land contained herein shall apply
within the corporate limits of the City of St. Michael.
(B) The provisions of this chapter shall not apply to the following land separations:
(1) Where all resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses;
(2) The creation of cemetery lots; or
(3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary.
(C) Effect of provisions on other permits and agreements.
(1) Building permits. No building permits shall be considered for issuance by the city for the construction of any building, structure, or improvement to the land or to any lot in a subdivision as defined herein until all requirements of this chapter have been fully complied with.
(2) Private agreements. This chapter is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements on an easement, covenant, or other private agreement, the requirements of this chapter shall govern.
(Ord. 2402, passed 12-10-24)
§ 154.013 ADMINISTRATION.
(A) This chapter shall be administered by the Zoning Administrator who is appointed by the City Council.
(B) The Zoning Administrator may delegate specific responsibility to any individual city employee, but shall remain responsible for all decisions made by those employees.
(Ord. 2402, passed 12-10-24)
§ 154.014 INTERPRETATION.
(A) Conflicting regulations or provisions.
(1) In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.
(2) In the event of a conflict or inconsistency between the provisions contained in this chapter and state statutes or rules, state statutes and rules shall govern, unless such state statutes or rules provide otherwise.
(3) This chapter is not intended to repeal, abrogate, annul, impair, or interfere with any existing easement, covenant, or any other private agreement. However, where the regulations of this chapter are more restrictive or impose higher standards or requirements on such easements, covenants, or other private agreements, the requirements of this chapter shall govern.
(4) Where the provisions of this chapter impose greater restrictions than those of any other ordinance, code provision, or regulation, the provisions of this chapter shall control.
(5) Where the provisions of any statute, other ordinance or code provision, or regulation impose greater restrictions than this chapter, the provisions of the statute, other ordinance or code provision, or regulation shall be controlling.
(B) Use of graphics, illustrations, figures, photos, and cross-references.
(1) Graphics, illustrations, figures, and photos are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, figure, or photo, the text shall control.
(2) In some instances, cross-references between chapters, divisions, sections, and subsections are provided that include the chapter, division, section, or subsection number along with the name of the reference. Where a conflict may occur between the given cross-reference number and name, the name shall control.
(C) Severability. The provisions of this chapter are severable. If any provision of this chapter, or application of any provision of this chapter to any circumstance, is held to be invalid, the application of such provision to other circumstances, and the remainder of this chapter shall not be a affected thereby.
(Ord. 2402, passed 12-10-24)
§ 154.015 DEFINITIONS.
(A) Rules of interpretation. For the purpose of this chapter, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular; the word “lot” shall include the word “plat”; and the word “shall” is mandatory and not discretionary.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Except for those words and phrases defined below, the words and phrases used in this chapter shall be interpreted to be given the meaning in common usage, so as to give this chapter its most reasonable application.
(1) General definitions.
ALLEY. A public right-of-way which affords secondary access to abutting property.
APPLICANT. The owner, the owner's agent, or any other person having legal control, ownership, and/or interest in the land proposed to be subdivided.
BLOCK. That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or railroad right-of-way or unsubdivided acreage.
BOULEVARD. The portion of a street right-of-way not occupied by pavement.
BOXES. All mailboxes, newspaper boxes, and advertising boxes wherein either mail is distributed, newspapers and magazines are distributed, or advertising is placed for the use of residents of the city.
BUILDING. A structure having a roof supported by columns or walls. When separated by division walls without openings, each portion of the building shall be deemed a separate building.
CERTIFICATE OF SURVEY. A document prepared by a registered engineer or registered land surveyor which precisely describes the area, dimensions, and location of a parcel or parcels of land.
CITY. The City of St. Michael.
CITY ATTORNEY. The attorney employed or retained by the city, unless otherwise stated.
CITY COUNCIL. The governing body of the City of St. Michael.
CITY ENGINEER. The engineer employed or retained by the city, unless otherwise stated.
CITY PLANNER. The planner employed or retained by the city, unless otherwise stated.
COMPREHENSIVE PLAN. A comprehensive plan prepared and approved by the city including a compilation of policy statements, goals, standards, fiscal guidelines, and maps indicating various functional classes of land use, places, and structures, and for the general development of the city, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
COUNTY. Wright County, Minnesota.
CROSSWALK. A right-of-way owned by the city or another governmental entity which furnishes access for pedestrians across a street to adjacent streets or properties.
DESIGN STANDARDS. The specifications to landowners or subdividers for the preparation of plats, both preliminary and final, indicating among other things the optimum, minimum, or maximum dimensions of such items as rights-of-way, blocks, easements, and lots.
DEVELOPMENT AGREEMENT. A written contract between city and applicant, drafted by the City Attorney in conjunction with the approval by city of a subdivision.
DEVELOPMENT RIGHTS. The number of individual dwelling units that can be located on a parcel of land as established through the City Zoning Ordinance and Comprehensive Plan.
EASEMENT. A grant by a property owner for the use of a strip of land and for the purpose of constructing and maintaining drives, utilities, and the like, including, but not limited to, wetlands, ponding areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewers or storm drainageways, gas lines, sidewalks and trails.
FINAL PLAT. A drawing or map of a subdivision meeting all of the requirements of the city and in such form as required by Wright County for the purpose of recording.
FRONTAGE ROAD. (See STREET; MARGINAL ACCESS STREET).
IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, trail, pedestrian way, landscaping, lighting, off-street parking area, grading, utility, lot improvement, or other similar facility.
1. PRIVATE IMPROVEMENT. Any improvement for which the city does not assume ownership or the responsibility for maintenance and operation, but which instead is owned, maintained and operated by a private property owner or group of private property owners.
2. PUBLIC IMPROVEMENT. Any improvement for which the city may ultimately assume the ownership and responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system, or any other sewage treatment device.
INSPECTOR. An authorized representative of the City Council assigned to make any or all necessary inspections of the work performed and materials furnished by a developer.
JOINT POWERS WATER BOARD. The governing water utility of the City of St. Michael.
LOT. A portion of a subdivision or other parcel of land intended for building development or for transfer of ownership.
1. LOT, BASE. A lot meeting all the specifications within its zoning district prior to being divided into a two- to four-unit or townhouse subdivision.
2. LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135°.
3. LOT, DOUBLE FRONTAGE. An interior lot having frontage on two streets.
4. LOT, UNIT. A lot created from the subdivision of a two- to four-unit dwelling or a townhome structure having different minimum lot size requirements than the conventional base lot within the zoning district.
LOT DEPTH. The shortest horizontal distance between the front and rear lines measured from a 90° angle from the street right-of-way within the lot boundaries.
LOT IMPROVEMENT. Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated, constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.
LOT OF RECORD. Any lot which is part of a subdivision the plat of which has been recorded in the County Recorder's office, or a lot described by metes and bounds the deed to which has been recorded in the County Recorder's office, at the time this chapter becomes effective.
LOT WIDTH. The shortest horizontal distance between the side property lines measured at right angles to the lot depth measured at the required minimum building setback line.
METES AND BOUNDS DESCRIPTION. A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of the section, lot, or area by described lines or portions thereof.
NATURAL WATERWAY. A natural passageway on the surface of the earth so situated and having such a topographical natural nature that surface water flows through.
OUTLOT. A lot remnant or parcel of land left over after platting which is intended as open
space or other use and for which no building permit shall be issued.
OWNER. An individual, association, syndicate, partnership, corporation, trust, or any other legal entity holding an equitable or legal ownership interest in the land sought to be subdivided.
PARCEL. An individual lot or tract of land.
PARKS. Public land and open spaces in the city dedicated or reserved for recreation purposes. (See also PLAYGROUNDS).
PEDESTRIAN WAY. A public right-of-way or private easement across a block or within a block to provide access for pedestrians and which may be used for the installation of utility lines.
PERSON. Any individual or legal entity.
PLANNING COMMISSION. The St. Michael Planning Commission.
PLAYGROUNDS. Public land and open spaces in the city dedicated or reserved for recreation purposes. (See also PARKS).
PRELIMINARY PLAT. A detailed drawing or map of a proposed subdivision meeting the requirements herein enumerated, and submitted to the Planning Commission and governing body for their consideration in compliance with the comprehensive plan, along with the required supporting data.
PROTECTIVE COVENANTS. Contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the city may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
RIGHT-OF-WAY. Land acquired by reservation or dedication intended for public use, and intended to be occupied or which is occupied by a street, a trail, a railroad, utility lines, an oil or gas pipeline, a water line, a sanitary sewer, a storm sewer, or other similar uses.
ROADWAY. The portion of a street right-of-way improved for vehicular travel.
SETBACK. The minimum horizontal distance between a building and a street, lot line, ordinary high-water mark, or bluff line. Distances are to be measured from the most outwardly extended portion of the structure at ground level.
SKETCH PLAN. A drawing showing the proposed subdivision of property. This plan shall be drawn to scale and dimensioned, however, exact accuracy is not a requirement.
STREET. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designed as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated.
1. STREET, ARTERIAL or THOROUGHFARE. A street carrying larger volumes of traffic and serving as a link between various sub-areas of the community. THOROUGHFARES or ARTERIAL STREETS are intended to provide for collection and distribution of traffic between highways and collector streets; hence regulation of direct access to property is critical.
2. STREET, COLLECTOR. A street which carries traffic from local streets to the major system of arterial streets and highways. COLLECTOR STREETS primarily provide principal access to residential neighborhoods, including, to a lesser degree, direct land access.
3. STREET, CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
4. STREET, LOCAL. A street which is used primarily for access to abutting properties and for local traffic movement.
5. STREET, MARGINAL ACCESS (FRONTAGE ROAD). A local street which is parallel and adjacent to thoroughfares and highways and which provides access to abutting properties and protection from through traffic.
SUBDIVIDER. Any individual, firm, association, syndicate, co-partnership, corporation, trust, or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
SUBDIVISION. The separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leaseholds.
1. SUBDIVISION, MAJOR. Any subdivision not classified as a minor subdivision, including, but not limited to, subdivisions of four or more lots, or any size subdivision requiring any new street or extension of city utilities or the creation of any public improvements.
2. SUBDIVISION, MINOR. Any subdivision containing no more than three lots fronting on an existing street which does not require any new street, the extension of city utilities, or the creation of any public improvements, and does not adversely affect the remainder of the parcel or adjoining property, and is not in conflict with any provisions of the comprehensive plan, official map, zoning ordinance, or this chapter. This includes lot line adjustments by the relocation of a common boundary, the combination of recorded lots, and one-in-forty lot splits.
SURVEYOR. A land surveyor registered under state law.
VARIANCE. A modification or variation of the provisions of this chapter as applicable to a specific piece of property. Modification of the allowable use within a district shall not be considered a variance.
ZONING ADMINISTRATOR. The person duly appointed by the City Council as the individual charged with the responsibility of administering and enforcing this chapter.
ZONING ORDINANCE. The zoning ordinance or resolution controlling the use of land as adopted by the city.
(2) Flood-related definitions.
100-YEAR FLOOD. A flood which is representative of large regional floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval as determined by the use of the 100-year flood profile and other supporting technical data in the Flood Insurance Study, or in any other officially adopted city flood study.
ACCESSORY USE or ACCESSORY STRUCTURE. A use or structure in the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of encroachment lines so that the hydraulic capacity of flood plain lands on each side of a stream are reduced by an equal amount when calculating the increases in flood stages due to flood plain encroachments.
FEMA. Federal Emergency Management Agency.
FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.
FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. That portion of the flood plain outside of the floodway.
FLOOD FRINGE. Synonymous with the term FLOODWAY FRINGE used in the Flood Insurance Study for the city.
FLOOD HAZARD AREAS. The areas included in the Floodway and Flood Fringe as indicated on the official zoning map and the Flood Insurance Study and Flood Insurance Rate Map which have been officially adopted by the city.
FLOOD INSURANCE RATE MAP. The most recent Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for the city, and as applicable and allowed by law, the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for all areas within the City of St. Michael.
FLOOD INSURANCE STUDY. The most recent Flood Insurance Study prepared for the city by the Federal Emergency Management Agency and, as applicable and allowed by law, the Flood Insurance Study prepared by the Federal Emergency Management Agency for all areas within the City of St. Michael.
FLOODPROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area in accordance with the Minnesota State Building Code.
FLOODWAY. The channel of the watercourse and those portions of the adjoining flood plains which are reasonably required to carry and discharge the regional flood determined by the use of the 100-year flood profile and other supporting technical data in the Flood Insurance Study, or in any other officially adopted city flood study.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by the natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would be typical of a REACH.
REGULATORY FLOOD PROTECTION ELEVATION. A point not less than one foot above the water surface profile associated with the 100-year flood as determined by the use of the 100-year flood profile and supporting technical data in the Flood Insurance Study plus any increase in flood heights attributable to encroachments on the flood plain. It is the elevation to which uses regulated by this chapter are required to be elevated or floodproofed.
(Ord. 2402, passed 12-10-24)
§ 154.021 GENERAL DESIGN STANDARDS.
(A) Conformity with other standards. A proposed subdivision shall conform to the comprehensive plan, to related policies adopted by the city, and to all other chapters of the official code and zoning ordinance of the city.
(B) Interpretation of requirements. The design features set forth in this section are minimum requirements. The city may impose additional or more stringent requirements concerning lot size, streets, and overall design as deemed appropriate considering the property being subdivided.
(C) Land requirements.
(1) Land shall be suited to the purpose for which it is to be subdivided. No plan shall be approved if the site is not suitable for the purposes proposed by reason of potential flooding, topography, or adverse soil, rock formation, or wetlands.
(2) Land subject to hazards to life, health, or property shall not be subdivided until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the subdivision plan.
(3) Proposed subdivisions shall be coordinated with surrounding jurisdictions and/or neighborhoods so that the city as a whole may develop efficiently and harmoniously.
(Ord. 2402, passed 12-10-24)
§ 154.022 BLOCKS AND LOTS.
(A) Blocks.
(1) Block length. In general, intersecting streets determining block lengths shall be provided at such intervals so as to serve cross-traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions should not exceed 1,000 feet, nor be less than 500 feet in length, except where topography or other conditions justify a departure from this standard. In blocks longer than 1,000 feet, pedestrian ways and/or easements through the block may be required near the center of the block.
Figure 2.1. Pedestrian Ways.
(2) Block width. The width of the block shall normally be sufficient to allow two tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries.
(B) Lots.
(1) Area/width. The minimum lot area and width shall not be less than that established by the city zoning ordinance in effect at the time of adoption of the subdivision.
(2) Corner lots. Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required in the zoning ordinance.
(3) Side lot lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines.
(4) Building sites. Each lot shall provide an adequate building site at least 18 inches above the top of the adjacent curb unless approved by the City Engineer upon the basis of plans submitted showing alternative, acceptable surface drainage measures.
(5) Frontage. Every lot must have the minimum frontage on a city-approved street other than an alley, as required in the city zoning ordinance.
(6) Access. Each lot shall directly access a public street or as otherwise allowed for in a PUD.
(7) Setback lines. Setback or building lines shall be shown on all lots and shall not be less than
the setback required by the city zoning ordinance, as may be amended.
(8) Watercourses. Watercourses shall be contained within abutting lots. Watercourses shall be protected by easement to the anticipated high water level (as determined by the city). Lots with easements protecting watercourses shall have sufficient dimensions and area above the high water level.
(9) Drainage. Lots shall be graded so as to provide drainage away from building locations, subject to City Engineering Guidelines and the approval of the City Engineer. A grading plan shall be submitted showing all lot grading and drainage provisions.
(10) Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots, or similar conditions which, if preserved, will add attractiveness and stability to the proposed development.
(11) Lot remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots or platted as an outlot, rather than be allowed to remain as unusable parcels.
(12) Political boundaries. No subdivision shall extend over a political boundary or school district line without document notification to affected units of government.
(13) Frontage on two streets. Double frontage, or lots with frontage on two parallel streets, shall not be permitted except where lots back on major arterial or collector streets, or where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall meet the dimensional requirements established in the zoning ordinance.
(14) Access to major collector streets.
(a) In the case where a proposed subdivision is adjacent to a major collector street as defined in the city's comprehensive plan, there shall be no direct vehicular access from individual lots to such streets and roads.
(b) In the subdividing of small tracts of land fronting on limited access highways or major collector streets where there is no other alternative, a temporary access may be granted, subject to terms and conditions defined by the City Council and applicable county or state agencies. As neighboring land becomes subdivided and more preferable access arrangements become possible, temporary access permits shall become void. In cases where direct lot access to collector or arterial streets is allowed, special traffic safety measures including, but not limited to, provisions for on-site vehicle turnaround shall be required.
(c) In cases where a proposed subdivision is adjacent to a county or state highway, the subdivision shall be subject to county and/or state approval.
(15) Outlots. Lot remnants as described in division (11) above and future subdivision development phases shall be platted as outlots. In cases where outlots are created or exist, their area shall not be utilized in calculating minimums for buildable lot area requirements. Outlots are also prohibited from qualifying for building permits.
(Ord. 2402, passed 12-10-24)
§ 154.023 STREETS AND ALLEYS.
(A) Streets shall be designed to comply with the standards set forth in the City's Engineering Guidelines.
(B) All proposed streets shall be in conformity to city, county, and state plans and standards and be offered for dedication as public streets unless otherwise determined by the City Council.
(1) Local streets should be so planned as to discourage their use by non-local traffic.
(2) Minimum design standards for major collector streets shall comply with Minnesota Department of Transportation State Aid Standards.
(C) Street plans for future subdivisions. Where the subdivision to be submitted includes only part of the tract owned or intended for development by the applicant, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the applicant. When determined necessary by the city, the plan shall extend streets and utilities to the property line of the adjacent tract and/or tracts.
(D) Contiguous streets.
(1) Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts.
(2) The arrangement of arterials and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served and in compliance with the comprehensive plan.
(E) Dead-end streets.
(1) Dead-end streets are prohibited.
(2) Cul-de-sacs shall be permitted where topography or other physical conditions justify their use.
(3) Temporary cul-de-sacs. In those instances where a street is terminated pending future extension in conjunction with future subdivision, a temporary turnaround facility shall be provided at the closed end, in conformance with cul-de-sac requirements.
(F) Private streets. Private streets, except in the case of planned unit developments, shall be prohibited and no public improvements shall be approved for any private street. All streets shall be dedicated for public use. If any person applies to subdivide or replat any land or parcels adjoining an existing private street, they shall be required to dedicate the private street for public use and schedule for improvement to public street standards at the time of final plat.
(G) Reserve strips. Reserve strips controlling access to streets shall be prohibited except under conditions accepted by the City Council.
(H) Half streets. Half streets shall be prohibited except where it will be practical to require the dedication of the other half when the adjoining property is subdivided, in which case the dedication of a half street may be permitted. The probable length of time elapsing before dedication of the remainder shall be considered in this decision. No permanent street improvement shall be permitted within a half street right-of-way. All lots having frontage or access solely from a half street are prohibited from being eligible for building permits.
(I) Street intersections.
(1) Intersections having more than four corners shall be prohibited.
(2) Angles formed by the intersection of two streets shall comply with the provisions of the City Engineering Guidelines.
(3) Street intersection jogs with center line offsets of less than 125 feet shall be prohibited.
(4) Adequate land for future intersections and interchange construction needs shall be dedicated.
(J) Curbs and gutters. Concrete curbs and gutters shall be required on all streets, except in the RR District or unless otherwise directed by the City Council at the time the subdivision is approved.
(Ord. 2402, passed 12-10-24)
§ 154.024 TRAILS.
(A) Trails shall be established in accordance with the City's Comprehensive Park, Trail and Open Space Plan, along natural features such as lakes, wetlands, and ditches, and in other areas where trails will serve an important transportation or recreational purpose as recommended and approved by the City Council.
(B) Trail corridors shall meet the following minimum requirements unless otherwise permitted by the City Council:
(1) Dedicated to the city as a parcel or as an easement for public trail purposes;
(2) Minimum corridor width of 30 feet;
(3) Minimum surface width of nine feet;
(4) Designed to meet ADA standards wherever possible;
(5) No above-ground utilities (i.e. lift stations, utility boxes) may be within the trail corridor;
(6) A landscape plan, including shrubs and trees, shall be required on trail corridors located in the side yard of residential lots. These landscape plantings shall be in addition to those required by § 155.076 of the city code; and
(7) Due regard shall be shown for trees, wetlands and other environmental features when locating and constructing trails.
(Ord. 2402, passed 12-10-24)
§ 154.025 EASEMENTS.
(A) Width and location. An easement for drainage and utilities at least ten feet wide shall be provided around the perimeter of a subdivision, along front and rear lot lines, and centered along shared side lot lines. Easements of greater width or area may be required if necessary for the extension of main water, sewer lines, similar utilities, or drainage purposes, or to incorporate wetlands.
(B) Continuous utility easement locations. Drainage and utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Council after a public hearing.
(C) Guy wires. Additional easements for pole guys should be provided, where appropriate, at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys fall alongside lot lines.
(D) Storm water management ponds. New storm water management ponds that are constructed as part of subdivisions shall be covered by drainage and utility easements that are dedicated to the city. At least one side of a pond should be located adjacent to public right-of-way and adequate easement dedicated to provide access for future maintenance.
(Ord. 2402, passed 12-10-24)
§ 154.026 EROSION AND SEDIMENT CONTROL.
All subdivision designs shall incorporate adequate provisions for erosion and sediment control and be subject to the review and approval of the City Engineer (see Chapter 152: Surface Water Management).
(Ord. 2402, passed 12-10-24)
§ 154.027 DRAINAGE.
All subdivision designs shall incorporate adequate provisions for storm water runoff and be subject to the review and approval of the City Engineer (see Chapter 152: Surface Water Management).
(Ord. 2402, passed 12-10-24)
§ 154.028 PROTECTED AREAS.
(A) Where land proposed for subdivision is deemed environmentally sensitive by the city due to the existence of wetlands, drainageways, watercourses, floodable areas, or steep slopes, the design of the subdivision shall clearly reflect all necessary measures of protection to insure against adverse environmental impact.
(B) Based upon the necessity to control and maintain certain sensitive areas, the city shall determine whether protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form of easements or outlots.
(C) In general, measures of protection shall include design solutions which allow for construction and grading involving a minimum of alteration to sensitive areas. Where these areas are to be incorporated into lots within the proposed subdivision, the applicant shall be required to demonstrate that the proposed design will not require construction on slopes over 18%, or result in significant alteration to the natural drainage system such that adverse impacts cannot be contained within the plat boundary.
(Ord. 2402, passed 12-10-24)
§ 154.029 PRIVATE OPEN SPACE.
(A) Where private open space for park, playground, trail, open space, or other 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, the following standards shall be met:
(1) All yards, court areas, setbacks, and other open space required to be maintained by the zoning code shall not be included in the computation of such private open space;
(2) The private ownership and maintenance of the open space shall be adequately provided for by written agreement;
(3) The private open space shall be restricted for park, playground, trail, open space, or recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be eliminated without the consent of the City Council; and
(4) The proposed private open space shall be reasonably adaptable for use for such purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space.
(Ord. 2402, passed 12-10-24)
§ 154.031 PARK AND OTHER PUBLIC LAND DEDICATION REQUIREMENTS.
(A) Findings of the City Council.
(1) The City Council finds that as the city continues to increase in population, planning is needed to ensure that the economical development of park lands are identified, and that such lands are preserved for public use during the land subdivision and development process and not developed for other purposes. The provisions by the city of adequate park land facilities to serve the recreational needs of new residents and workers within the city is an important factor in the maintenance of a high quality of life in the city and contributes to the health and safety of citizens. In addition, adequate open space land should be reserved to retain the character of the city, protect wildlife habitats, cleanse the air and storm water runoff, and provide passive recreational opportunities.
(2) It is therefore in the best interest of all of the citizens of the city to ensure that when new development is hereinafter created or made possible by subdivision of lands, that adequate measures are provided in the subdivision process to permit the city to identify land suitable for development as new park land, and to obtain and develop such lands for the use of the public at a reasonable cost. It also is in the best interest of all the citizens of the city to ensure that adequate open space is dedicated and reserved.
(B) Purpose. The provisions of this section are intended by the city to be an exercise of the authority granted pursuant to M.S. § 462.358, Subd. 2(b) to require that a reasonable portion of any proposed subdivision of lands within the city be dedicated to the public as park lands; or that a reasonable cash payment be received from the developer in lieu thereof in order to facilitate development of similar facilities.
(C) Scope. The provisions of this section shall apply to a person who applies for a subdivision of land (where, as determined by the city, the proposed subdivision causes an increased demand on city parks), regardless of the intended use of land, whether residential, commercial, industrial, or other.
(D) Parks and open spaces.
(1) Lands for public use. Pursuant to M.S. § 462.358(2)(b), as amended, and this section, all owners or developers, as a prerequisite to approval of a plat, subdivision, or development of any land, shall convey to the city, or dedicate to the public use, a reasonable portion of any such land for public use as streets, roads, sewers, electric, gas and water facilities, storm water drainage and holding areas or ponds, similar utilities and improvements or parks, playgrounds, trails, or open space, such portions to be approved and acceptable to the city.
(2) All developers, landowners, or persons requesting subdivision of land shall convey to the city, or dedicate to the public use, a percentage of such land for the public use as parks, playgrounds, trails, or open space. The city, at its discretion, may require cash in lieu of land to be dedicated or a combination of land and cash dedication, as established in the city's fee schedule and adopted by the City Council from time to time.
(a) City's deposit of funds. Sums of money so received by the city shall be placed in a special account to be known as the "Park Fund" and allocated by the City Council solely for the development of park land. Eligible expenditures shall include the acquisition of land, purchase of equipment, construction of facilities, development of existing parks and recreational areas, or debt retirement in connection with such improvements previously expended.
(b) Park land calculation. In determining the amount of park land that must be dedicated for a specific subdivision, the following shall not be included within the calculation unless an exception is granted by the City Council based upon the appropriateness given the intended use of the dedicated land:
1. Land within an existing watercourse;
2. Land within a 100-year floodway or floodplain;
3. Land within a drainage easement or stormwater ponding area; or
4. Land shown as being within a wetland, as shown on the National Wetlands Inventory or wetland delineation study, when available.
(c) Dedication requirements. Dedication requirements for minor subdivisions and 1 in 40 lot splits shall be the park and trail cash dedication set forth in the city's fee schedule. Homes existing prior to July 25, 2006, shall not be charged a park dedication fee when a subdivision takes place. The subdivided property shall be subject to additional dedication requirements upon further subdivision thereof.
(3) In the event that the developer objects to the required fee, the city shall, at the developer's request and expense, conduct a specific dedication study of the park system and the increased demand that the city determines will likely be placed on the park system if the proposed plat is approved.
(E) Requirements for park land. The following requirements shall apply to all dedications or conveyances for park, playground, trail or public open space purposes:
(1) Any land to be dedicated as a requirement of this section shall be reasonably adaptable for its proposed use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, tree cover, access, and location.
(2) Land conveyed or dedicated pursuant to provisions of this section shall, at the option of the City Council, be located outside of drainageways, floodplains, and ponding areas after the site has been developed.
(3) Land areas so conveyed or dedicated for park, playground, trail, and open space purposes may not be used by an owner or developer as an allowance for purposes of calculating the density requirements of the development as set out in the zoning code (Chapter 155) and shall be in addition to and not in lieu of open space requirements for planned unit developments pursuant to the zoning code, as amended.
(F) Open space privately owned. Open space privately owned and maintained shall not be given credit for park land dedication.
(G) Marketability; evidence of good title. Prior to such park land dedication, the developer shall deliver to the City Attorney a title commitment issued by a recognized issuer of title policies in the state establishing that the developer has marketable title to the land intended to be dedicated or conveyed for park land purposes.
(H) Taxes and special assessments. The city shall not be responsible for the payment of any special assessments levied against or otherwise attributable to the land proposed to be dedicated or conveyed to the city for park land purposes. Any special assessment shall be paid by the developer prior to the dedication or conveyance of the land to the city.
(Ord. 2402, passed 12-10-24)
§ 154.041 INTERPRETATION.
All of the required improvements specified in this section shall be constructed in accordance with the state building code and all other applicable city, county, and state regulations, policies, and guidelines.
(Ord. 2402, passed 12-10-24)
§ 154.042 PROCEDURE.
(A) Whenever improvements are required to be installed, the owner and applicant shall first execute a development agreement approved by the city embodying the terms and conditions of the approval given by the City Council and including, but not limited to, requirements set forth in this chapter.
(B) Deposit by owner or applicant. In order to cover the legal, engineering and administrative costs and expenses incurred by the city in connection with the review and approval of the subdivision and the inspection of the actual installation and construction of the improvements, the owner or applicant shall, before recording the final plat of the subdivision, deposit with the City of St. Michael an amount equal to $3,000 plus up to 5% of the engineer's estimate of the cost of construction of the improvements. The purpose and use of the escrow deposit is subject to city policy as adopted by the City Council from time to time.
(C) No owner or applicant shall be permitted to start work on any improvements without providing the city a financial security consistent with city policy as adopted by the City Council from time to time, guaranteeing that the improvements will be installed in accordance with all laws, rules, regulations and policies and as approved by the city. The amount of the financial security shall be equal to 125% of the City Engineer's estimate of the total cost of the improvements to be installed, all as set forth in the development agreement.
(D) All required improvements to be installed under the provisions of this chapter shall be inspected and approved by the City Engineer during the course of construction.
(E) Prior to any public improvement being accepted by the city, or private improvement being approved by the city, as hereinafter provided, the applicant shall post a maintenance bond and/or other security in a form acceptable to the city naming the city as obligee in an amount deemed appropriate by the City Council to insure maintenance of the improvements for a period of at least 24 months from the date of acceptance or approval by the city.
(F) The owner or applicant shall continue to be responsible for defects, deficiencies and damage to improvements during development of the subdivision. No inspection approval or release of funds from the construction deposit as to any component or category shall be deemed to be city final approval of improvement or otherwise release the applicant of its obligation relating to the completion of the improvements until the final subdivision release on all improvements and maintenance is issued by the City Council declaring that all improvements have in fact been constructed as required. Inspection and acceptance or approval of any or all required improvements shall not constitute acceptance of the improvement by the city as an improvement for which the city shall bear any responsibility.
(G) The applicant shall provide to the city as-built drawings of all improvement.
(Ord. 2402, passed 12-10-24)
§ 154.043 CITY INSTALLATION.
(A) Any person desiring to have improvements installed may request the city to install them, if the request is accompanied by a written petition signed by 100% of the landowners pursuant to M.S. Chapter 429 and a waiver of assessment appeal. Acceptance of the request shall be discretionary on the part of the City Council, based on benefit to property owners, and subject to the following conditions and as authorized by state law. If approved by the Council, the city may cause the improvements to be made and special assessments for all costs of the improvements to be levied on the benefitted land, except any land which is or shall be dedicated to the public.
(B) Subsequent to approval by the Council and before execution by the city of the final plat or other appropriate forms of city approval, the owner or applicant shall submit to the city a letter of credit or cash deposit ("security") which guarantees payment of special assessments levied as a result of improvements installed by the city pursuant to this chapter. The form, type, issuer and amount of security shall be approved by the city and consistent with city policy as adopted by the City Council from time to time.
(Ord. 2402, passed 12-10-24)
§ 154.044 IMPROVEMENTS REQUIRED.
(A) Monuments and survey requirements.
(1) Official monuments, as designated and adopted by the County Surveyor's Office and approved by the County District Court for use as judicial monuments, shall be set at each corner or angle on the outside boundary of the final plat or in accordance with a plan as approved by the City Engineer. The boundary line of the property to be included with the plat to be fully dimensioned; all angles of the boundary excepting the closing angle to be indicated; all monuments and surveyor's irons to be indicated, each angle point of the boundary perimeter to be so monumented.
(2) Proper survey monumentation shall be placed at each lot corner and points of curvature and tangency along street rights-of-way. All United States, state, county, or other official bench marks, monuments, or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat. All lot and block dimensions shall be shown on the plat and all necessary angles pertaining to the lots and blocks, as an aid to future surveys, shall be shown on the plat. No ditto marks will be permitted in indicating dimensions.
(3) To ensure that all irons and monuments are correctly in place following the final grading of a plat, a second monumentation shall be in the form of a surveyor's certificate and this requirement shall additionally be a condition of certificate of occupancy as provided for in the City Zoning Ordinance, as may be amended.
(4) All lot corners and survey control monuments shall be set and in place at the time the plat is recorded. An exception to this requirement may be granted for up to one year by the City Council, provided approval is made part of the development contract and a financial guarantee in a form determined by the City Attorney is provided.
(B) Streets.
(1) The full width of the right-of-way shall be graded in accordance with the provisions for
(2) All streets shall be improved in accordance with the standards and specifications as found in the City Engineering Guidelines.
(3) Until completion of the first lift, occupancy permits shall be withheld. The second lift of bituminous shall be completed not less than one year following completion of the first lift unless otherwise approved in writing by the City Engineer.
(4) The Planning Commission and/or City Council may require the provision of sidewalks on arterials and collectors and other streets in proximity to public service areas such as parks, schools, or shopping facilities or in other appropriate locations of a similar nature. The design of the sidewalks shall be considered in their relation to existing and planned sidewalks, to reasonable circulation of traffic, to topographic conditions, to run-off storm water, and to the proposed uses of the area to be served.
(5) Street lighting fixtures as may be required by the City Council shall be installed.
(C) Water and sewer. Sanitary sewers and water facilities shall be designed, installed, and approved in accordance with the standards and specifications of the Joint Powers Board and the City of St. Michael Engineering Guidelines.
(D) Drainage. All grading and drainage improvements for each subdivision shall be designed and constructed consistent with Chapter 152 of the City Code.
(E) Utilities. Telephone, electric, cable TV, and/or gas service lines are to be placed underground in accordance with the provisions of all applicable city ordinances and code provisions. All necessary utility easements shall be recorded prior to utility installation.
(Ord. 2402, passed 12-10-24)
§ 154.051 COMMON PROCEDURES.
(A) Conditions for recording. No plat or subdivision shall be entitled to be recorded in the County Recorder's office or have any validity until the plat thereof has been prepared, approved, and acknowledged in the manner prescribed by this chapter.
(B) Fees.
(1) A subdivision application shall be accompanied by a fee set by the City Council from time to time.
(2) Any and all expenses incurred by the city for engineering, planning, legal, or other services related to the review and processing of the subdivision application that exceeds the established application fee shall be collected from the applicant.
(C) Denial of plats.
(1) Denial of plat. The city may deny the subdivision if it makes any one or more of the following findings:
(a) That the proposed subdivision is in conflict with adopted applicable general and specific comprehensive plans of the city;
(b) That the physical characteristics of this site, including but not limited to topography, percolation rate, soil conditions, susceptibility to erosion and siltation, susceptibility to flooding, water storage, drainage, and retention, are such that the site is not suitable for the type of development, design, or use contemplated;
(c) That the site is not physically suitable for the proposed density of development;
(d) That the design of the subdivision or the proposed improvements are likely to cause environmental damage;
(e) That the design of the subdivision or the type of improvements are likely to cause public health problems;
(f) That the design of the subdivision or the type of improvements will conflict with easements of record or with easements established by judgement of a court;
(g) That the proposed subdivision, its site, or its design adversely affects the flood-carrying capacity of the floodway, increases flood stages and velocities, or increases flood hazards within the floodway fringe or within other areas of the city;
(h) The proposed subdivision is inconsistent with the policies and standards of the state-defined Shoreland, Floodplain, and Wetland Districts;
(i) The City Council deems the subdivision to be premature; and
(j) The design of the subdivision does not conform to minimum city standards.
(2) Premature subdivisions. Any preliminary or final plat of a proposed subdivision deemed
premature for development shall be denied by the City Council.
(a) A subdivision may be deemed premature should any of the conditions set forth in the
provisions which follow exist:
1. Lack of adequate drainage. Inadequate drainage shall be deemed to exist if:
a. Surface or subsurface water retention and runoff is such that it constitutes a danger to the structural security of the proposed structures and/or adjacent properties;
b. The proposed subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or downstream land; or
c. The proposed site grading and development will cause harmful and irreparable damage from erosion and siltation on downstream land.
d. Factors to be considered in making these determinations may include: average rainfall for the area; the relation of the land to floodplains; the nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems; the slope of the land and its effect on effluents; and the presence of streams as related to effluent disposal.
2. Lack of adequate water supply.
a. A proposed subdivision shall be deemed to lack an adequate water supply if joint power water is not available to the plat.
b. With the extension of municipal water, all private wells must be capped in accordance with state statutes.
3. Lack of adequate roads or highways to serve subdivision. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when:
a. Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance, and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare or seriously aggravate an already hazardous condition; and when, with due regard to the advice of the City Engineer, the county, and/or the Minnesota Department of Transportation, the roads are inadequate for the intended use;
b. The traffic volume generated by the proposed subdivision would create unreasonable street congestion or unsafe conditions on streets existing at the time of the application or proposed for completion within the next two years; or
c. The roads fail to meet minimum city standards.
4. Lack of adequate waste disposal systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems if municipal sanitary sewer is not available to the plat or if in subdivisions for which sewer lines are proposed there is inadequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density indicated in the city comprehensive plan.
5. Inconsistency with comprehensive plan. The proposed subdivision is inconsistent with the purposes, objectives, and recommendations of the duly adopted city comprehensive plan, as may be amended.
6. Providing public improvements. Public improvements, such as recreational facilities, or other public facilities reasonably necessitated by the subdivision which must be provided at public expense cannot be reasonably provided for within the next two fiscal years.
7. Minnesota Environmental Quality Board (MEQB) policies. The proposed subdivision is inconsistent with the policies of the MEQB, as may be amended, and could adversely impact critical environmental areas, or potentially disrupt or destroy historic areas which are designated or officially recognized by the City Council, in violation of federal and state historical preservation laws.
(b) Burden of establishing. The burden shall be upon the applicant to show that the proposed subdivision is not premature.
(D) Appeals of decisions.
(1) Appeals of Zoning Administrator interpretation. The Planning Commission shall serve as the Board of Adjustment and Appeals and hear and decide any appeals of the Zoning Administrator's interpretation of this chapter.
(2) Appeal of City Council decision. All decisions made by the City Council regarding subdivision shall be final, except that any aggrieved person shall have the right to appeal within 30 days after delivery of the decision to the appellant, to the District Court in Wright County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the 30-day period defined above.
(E) Registered land surveys.
(1) Registered land surveys shall not be used to avoid the requirements of this title.
(2) All registered land surveys shall be prepared in conformance with M.S. § 508.47, Subd. 4.
(3) A registered land survey shall be reviewed by the Planning Commission and approved by the Council in the same manner as a preliminary plat. Unless the registered land survey has been approved by the city, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys, and the city may refuse to take over tracts as streets or roads or to improve, repair, or maintain any such tracts unless so approved.
(F) Conveyance by metes and bounds.
(1) Except in unique situations as may be allowed by the City Council, or as provided for in M.S. § 462.358, Subd. 4b, no division of one or more parcels in which the land conveyed is described by metes and bounds shall be made or recorded unless the subdivision is located in the A-1 or AP Zoning Districts and creates three or fewer new parcels.
(2) Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method and the city may refuse to take over tracts as streets or roads or to improve, repair, or maintain any such tracts.
(Ord. 2402, passed 12-10-24)
§ 154.052 MINOR SUBDIVISION.
(A) Applicability of provisions. This subchapter shall apply to the following applications:
(1) Adjustment of a lot line by the relocation of a common boundary or the combination of lots.
(a) If the lot line adjustment would cause one of the parcels to have two different zoning classifications, the applicant must rezone the property to achieve a consistent zoning classification for the newly created parcel.
(b) Any easements that become unnecessary as a result of the combination of lots must be vacated. In addition, new easements must be established as determined by the City Engineer.
(2) A one-in-forty lot split.
(a) Newly created lots shall conform to the design and performance standards of the City Subdivision and Zoning Ordinances and shall be recorded with the county.
(b) A deed restriction clarifying future development rights is required on the newly created parcels.
(3) A request to divide a base lot upon which a two- to four-unit dwelling or townhouse, which is a part of a recorded plat, where the division is to permit individual private ownership of a single dwelling unit within such a structure and the newly created property lines will not cause any of the unit lots or the structure to be in violation of this chapter or the City Zoning Ordinance.
(B) Processing.
(1) The following process shall be followed for minor subdivisions:
(a) Minor subdivisions according to § 154.052(A)(1).
1. The Zoning Administrator shall review the application and required informational submissions to determine conformance with the zoning and subdivision ordinances. The Zoning Administrator shall have the authority to make a final decision on the application.
(b) Minor subdivisions according to § 154.052(A)(2) and (3).
1. Upon receipt of the completed application and required informational submissions, the Zoning Administrator shall set a date for review of the minor subdivision by the City Council.
2. Before a minor subdivision shall be recorded or be of any validity, it shall be forwarded to the City Council for consideration and final approval.
(c) Expiration of approval.
1. City approval for a minor subdivision shall become null and void if, within one year after such approval, the minor subdivision has not been duly filed and recorded with the Wright County Recorder's Office.
2. An extension from this requirement may be granted by the City Council upon the city's receipt of a request for extension. A request for an extension shall be in writing and led with the city at least 14 days before the voidance of the approved minor subdivision, lot combination, or lot line adjustment unless otherwise approved by the Zoning Administrator. There shall be no charge for the filing of such request. The request for extension shall state facts showing a good faith attempt was made to meet the recording requirement.
(Ord. 2402, passed 12-10-24)
§ 154.053 SKETCH PLAN.
(A) In order to ensure that all applicants are informed of the procedural requirements and minimum standards of this chapter and the requirements or limitations imposed by other city ordinances, code provisions, or plans prior to the development of a preliminary plat, all applicants shall present a sketch plan to the Zoning Administrator prior to filing a preliminary plat.
(B) Comments on the sketch plan shall not be considered binding in regard to subsequent plat review.
(C) The Zoning Administrator shall have the authority to refer the sketch plan to the Planning Commission and/or City Council for review and comment.
(Ord. 2402, passed 12-10-24)
§ 154.054 PRELIMINARY PLAT.
(A) Filing.
(1) The applicant shall file a request for preliminary plat approval and the accompanying fee at least 22 days prior to the next regular Planning Commission meeting at which the request may be considered. The application shall be accompanied by a fee as provided for by City Council resolution, escrow as reasonably determined by the Zoning Administrator, and all required supplemental materials.
(2) After the city has received the request for a plat approval, it shall inform the applicant within 15 days whether the submittal was complete. The preliminary plat shall be considered as being officially complete only when all of the information requirements are complied with, the appropriate fees paid, and escrows deposited.
(a) If deemed not complete, the applicant will be informed of needed material or information to be made complete.
(b) If no notification of completion is made by the city within 15 days, the request will be placed on a regular Planning Commission agenda for consideration.
(3) Where appropriate, the city staff will meet with the applicant to discuss the request and related information.
(4) Upon receipt of all the required information, the Zoning Administrator may forward the application and required information to the appropriate city staff/consultants and city commissions for review and technical reports. The Zoning Administrator shall refer copies of the preliminary plat to the Park Board and/or county, state, or other public jurisdictions for its review and comments, where appropriate and when required as determined by the Zoning Administrator.
(B) Hearing.
(1) When an application is determined to be complete, the Zoning Administrator shall schedule a public hearing for public review of the preliminary plat. The hearing shall be held by the Planning Commission after adequate time has been allowed for staff and advisory body review of the plat.
(2) Notice of the hearing shall consist of a legal property description and a description of the request and shall be published in the official newspaper at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter, provided a bona fide attempt has been made to comply with the notice requirements of this chapter.
(C) Planning Commission action.
(1) The applicant, or a designated representative thereof, shall appear before the Planning Commission at the public hearing in order to answer questions concerning the proposed request.
(2) The Planning Commission shall make a recommendation to the City Council following the close of the public hearing.
(3) If the Planning Commission has not acted upon the preliminary plat, and the statutory review period will expire before the next regularly scheduled Planning Commission meeting, the Council may act on the preliminary plat without the Planning Commission's recommendation.
(D) City Council action.
(1) Upon completion of the report and recommendation of the Planning Commission, the request shall be placed on the agenda of the City Council. The report and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.
(2) Upon receiving the report and recommendation of the Planning Commission and city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary or take action based on Planning Commission recommendation. The City Council shall make recorded findings of fact and may impose any condition it considers necessary to protect the public health, safety, and welfare. The City Council shall adopt a resolution approving or denying the request.
(3) The Council shall approve or disapprove the preliminary plat within 120 days following submittal of a complete application, unless the time for Council decision has been extended pursuant to a written agreement with the applicant.
(4) If the preliminary plat is denied by the City Council, the reasons for such action shall be recorded in the proceedings of the Council. If the preliminary plat is approved, the approval shall not constitute final acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this chapter to be indicated on the final plat. The City Council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, general welfare, and convenience of the city.
(5) The City Council reserves the right to decline approval of a preliminary plat if due regard is not shown for the preservation of all natural features, such as topography, trees, watercourses, scenic points, prehistoric and historical spots, and similar community assets, which, if preserved, will add attractiveness and stability to the proposed development of the property.
(6) Approval of a preliminary plat shall be null and void unless within one year after receiving the last required approval of the preliminary plat there shall be submitted to the Zoning Administrator a final plat or plats for all or a portion of the approved preliminary plat in accordance with the conditions upon which approval was granted by the Council. An extension from this requirement may be granted by the City Council upon the reception of a request for extension. An extension shall be requested in writing and led with the city at least 14 days before the voidance of the approved preliminary plat unless otherwise approved by the Zoning Administrator. There shall be no charge for the filing of such request. The request for extension shall state facts showing a good faith attempt was made to meet the final plat submission requirement.
(7) All preliminary plats must be final platted into lots, blocks, and outlots within one year of preliminary plat approval. All outlots must be platted into lots and blocks within five years of the recording of the initial final plat, unless otherwise approved by the City Council.
(8) In the event of changes to city, county, state, and federal development regulations, the city may require a preliminary plat to be amended to incorporate applicable changes, except as may be prohibited by Minnesota Statutes.
(9) Should the applicant desire to amend a preliminary plat as approved, an amended preliminary plat may be submitted. The city may require the applicant to follow the same procedure as a new preliminary plat. No public hearing will be required for the amendment if the opinion of the city is that the scope of the changes does not constitute a new preliminary plat. A filing fee, as established by the city, shall be charged for amendment processing.
(Ord. 2402, passed 12-10-24)
§ 154.055 FINAL PLAT.
(A) Filing. After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in the following divisions. The city may agree to review the preliminary and final plat simultaneously. The final plat shall incorporate all changes, modifications, and revisions required by the city. Otherwise, it shall strictly conform to the approved preliminary plat.
(B) Approval of the City Council.
(1) The city staff shall examine the final plat and prepare a recommendation to the City Council. If needed, staff may bring the final plat to the Planning Commission for review and a recommendation on whether the final plat is substantially similar to the approved preliminary plat prior to review by the City Council.
(2) The final plat, together with the recommendations of city staff and the development agreement, shall be submitted to the City Council for consideration.
(3) The City Council shall review and approve or disapprove the application within 60 days as required by M.S. § 462.358.
(a) If accepted, the final plat and development agreement shall be approved by resolution, which shall provide for the acceptance of all agreements for basic improvements, public dedication, and other requirements as indicated by the City Council.
(b) If disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for such approval.
(C) Development agreement. Simultaneously with recording or registering a final plat, the applicant shall execute and record a development agreement with the city which controls the installation of all required improvements and assures compliance with all conditions of approval. The agreement will require all improvements and approval conditions to comply with approved engineering standards and applicable regulations.
(D) Special assessments.
(1) When any existing special assessments which have been levied against the property described are to be divided and allocated to the respective lots in the proposed plat, city staff shall:
(a) Estimate the clerical cost of preparing a revised assessment role;
(b) File the same with the County Auditor; and
(c) Make such division and allocation.
(2) Upon approval by the Council of all costs associated with the development and filing of the assessment role, the same shall be paid to the Zoning Administrator before recording the final plat at Wright County.
(E) Street addresses. The city shall assign street names and address numbers.
(F) Recording final plat.
(1) If the final plat and development agreement are approved by the City Council, the applicant shall record them with the County Recorder within one year after the approval or approval of the final plat shall be considered void, unless a request for a time extension is submitted in writing and approved by the City Council.
(2) The applicant shall, immediately upon recording, furnish the Zoning Administrator with a print and reproducible tracing of the final plat showing evidence of the recording.
(3) No building permits shall be let for construction of any structure on any lot in the plat until the city has received evidence of the plat and development agreement being recorded by the county and the provisions of the subdivision's development agreement have been satisfactorily met.
(Ord. 2402, passed 12-10-24)
§ 154.056 AMENDMENT.
(A) From time to time, the Planning Commission may, of its own motion, upon petition, or at the direction of the City Council, cause to be prepared amendments supplementing or changing regulations herein established.
(B) Before any proposed amendment can be acted on, a public hearing shall be held by the Planning
Commission with notice given in the official newspaper at least ten days prior to the hearing.
(C) Upon receiving the recommendation of the Planning Commission, the City Council shall study the Planning Commission's recommendation and approve or disapprove the amendment.
(Ord. 2402, passed 12-10-24)
§ 154.057 SUBDIVISION VARIANCE.
(A) Subdivisions which do not meet the requirements in this chapter may request a subdivision variance.
(B) A petition for any such variance shall state fully the grounds for the application and all of the facts relied upon by the applicant.
(C) The variance application shall be reviewed using the same procedure for preliminary plats identified in § 154.054.
(D) The City Council may grant a variance from strict compliance with the subdivision regulations contained in this chapter when it finds that all of the following conditions exist:
(1) That the requested variance is in harmony with the general purposes and intent of this chapter;
(2) That the requested subdivision variance is consistent with the St. Michael comprehensive plan and all other applicable city plans;
(3) That the authoring of such variance will not be of substantial detriment to the community health, safety or general welfare and will not materially impair the purposes of the subdivision regulations or the public interest;
(4) That the applicant has established that there are special circumstances or conditions affecting the property, such as particular physical surroundings, shape, or topographical conditions, such that a particular hardship to the owner would result if the strict letter of these regulations are carried out;
(5) That the intended use and conditions of the property forming the basis for granting a variance are unique and not of so general or recurrent a nature as to cause the formulation and adoption of a general subdivision regulation for similar uses and conditions; and
(6) That the variance will not in any manner vary from the provisions of the zoning code.
(E) In approving a variance, the City Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
(Ord. 2402, passed 12-10-24)
§ 154.058 VIOLATIONS AND PENALTY.
(A) Violations.
(1) Sale of lots from unrecorded plats. It shall be a misdemeanor to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in conformity with, any plan, plat, or replat of any subdivision or area located within the jurisdiction of this chapter unless the plan, plat, or replat shall have first been recorded in the office of the County Recorder.
(2) Receiving or recording unapproved plats. It shall be unlawful for a private individual to receive or record in any public office any plans or plats of land laid out in building lots and streets, alleys, or other portions of the same intended to be dedicated to public or private use or for the use of purchasers or owners of lots fronting on or adjacent thereto, and located within the jurisdiction of this chapter, unless the same shall bear thereon, by endorsement or otherwise, the approval of the City Council.
(3) Misrepresentations. It shall be a misdemeanor for any person owning an addition or subdivision of land within the city to represent that any improvement upon any of the streets, alleys, or avenues of the addition or subdivision or any sewer in the addition or subdivision has been constructed according to the plans and specifications approved by the City Council, or has been supervised or inspected by the city, when the improvements have not been so constructed, supervised, or inspected.
(B) Penalty. Anyone violating any of the provisions of this chapter shall be guilty of a misdemeanor and be punished as provided in § 10.99 of the city code. Each month during which compliance is delayed shall constitute a separate offense.
(Ord. 2402, passed 12-10-24)