(a)

Except as this chapter specifically provides, no structure shall be erected, converted, enlarged, reconstructed, or altered upon a parcel of land or in a condominium space which is not in conformance with this chapter.

(b)

The provisions of this chapter shall be applicable to any subdivision of property within the city after the effective date of the ordinance from which this chapter is derived.

(Code 2000, § 154.100; Ord. of 10-8-1998)

(a)

Approval and plat preparation generally.

(1)

Subdivision by plat or CIC plat shall be approved by the planning commission and council.

(2)

Subdivision by metes and bounds shall be approved by the planning commission and council.

(3)

The proposed legal description for subdivision ofland by metes and bounds shall be prepared and certified by a licensed land surveyor. Approval by the city council shall be indicated by the signature of the mayor and city administrator, upon approval of the council, and attached to said legal description. The county recorder or registrar of deeds may accept each such certificate for filing and recording upon compliance with these provisions.

(4)

A minor subdivision; creating less than five parcels that meet the lot size requirement allowed in that zone.

(b)

Procedure.

(1)

Pre-application meeting. At the subdivider's option, a pre-application meeting shall be held including the subdivider, city zoning administrator, city engineer, if requested by the zoning administrator, and the administrator/city clerk-treasurer. Discussion at this meeting shall be limited to procedure, ordinance requirements, and timing.

(2)

Sketch plan review meeting with planning commission.

a.

At the subdivider's option, a review of a sketch plan will be made by the planning commission prior to a public hearing. Discussion at this meeting shall be limited to procedure, ordinance requirements, and timing.

b.

The subdivider shall submit his or her sketch plan five days prior to the normal planning commission meeting, and request a position on the formal agenda.

c.

The planning commission shall not take action on the proposal, but may make suggestions to facilitate the preparation of an approvable preliminary plat or plan.

(3)

Metes and bounds lot split approval.

a.

Where appropriate under the provisions of this chapter, 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 commission for approval. The review of the planning commission need not include a public hearing.

b.

The subdivider shall submit four copies of his or her proposal to the zoning administrator 14 days prior to the normal planning commission meeting.

c.

The zoning administrator shall review the proposed lot split for compliance with this chapter, including a field review at his or her discretion.

d.

The planning commission shall recommend the approval of the lot split within a reasonable time based on the resulting lots complying with this chapter, 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. 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.

e.

The resulting land descriptions shall be prepared and signed by a licensed land surveyor and shall comply with all sections of this chapter.

(4)

Preliminary plat or preliminary CIC plat approval. The formal process of preliminary plat or preliminary CIC approval begins with the receipt by the city of an application deemed complete by the zoning administrator.

a.

The preliminary plat or preliminary CIC plan approval constitutes formal approval of the concept and design of the subdivision. The planning commission review shall include a public hearing and may include a field review at their discretion. All reports of city staff, DNR, and road authorities shall be reviewed and included in the hearing record. Rezoning requests, and conditional use requests may be heard concurrently with a subdivision request, at the discretion of the planning commission.

b.

The subdivider shall submit six copies of his or her proposed plat or CIC plat to the zoning administrator 21 days prior to the normal planning commission meeting, pay the required fees, and request a public hearing.

c.

The zoning administrator shall notify all property owners within 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing, including a sufficient legal property description in the advertisement. The zoning administrator shall distribute one copy to the planning commission chair, one copy to the city engineer, and if the proposal is adjacent to a county highway, one copy to the county engineer, and, if the plat is in shorelands, one copy to the DNR postmarked at least ten days before the public hearing. Each of the above shall review the proposal and comment, in writing, within 15 days to the planning commission.

d.

The zoning administrator shall review the proposed plat or plan as to content standards, necessary variances from this chapter, necessary rezonings, or necessary conditional use permits, and advise the subdivider and the planning commission of his or her findings.

e.

The subdivider shall make additional application for necessary permits at least 14 days prior to the normal planning commission meeting, if he or she desires to have a concurrent public hearing for a variance, conditional use, or rezoning.

f.

The planning commission shall hold the public hearing and may continue the hearing as it deems necessary to allow all factual input it deems necessary to allow a decision. Lack of submission of comments by outside agencies shall be construed to mean the agency has no objections.

g.

The planning commission shall decide the approval of the preliminary plat or preliminary CIC plat within 60 days of submission, and the findings shall be sent to the subdivider. The planning commission shall consider the following in its decision:

1.

Is the property properly zoned?

2.

Does the proposal conform to the requirements of the zoning provisions?

3.

Does the proposal conform to the requirements of the subdivision provisions?

4.

Have the concerns of the affected agencies been addressed?

h.

The city council shall confirm the planning commission action or may initiate and review an appeal of the planning commission action at their next regular meeting. The city council will hear any appeal within 30 days of the planning commission action and will re-notify anyone noticed for the public hearing. Said appeals will be filed with the administrator/city clerk-treasurer within 15 days of the decision.

i.

Failure of the subdivider to act after an approval of the preliminary plat or preliminary CIC plat within one year shall void the approval unless extended by the planning commission. A second extension shall require a new public hearing.

(5)

Final plat or final CIC plat approval.

a.

Upon approval by the planning commission, the subdivider shall cause the final plat or final CIC plat, documents, and concurrent documents to be prepared and submitted to the planning commission for recommendation to the city council. All coincident variance requests, conditional use permit requests, and/or rezoning requests shall either have been decided or be pending approval simultaneously with the final plat.

b.

The subdivider shall submit four paper copies of the final plat or final CIC plat and concurrent documents to the zoning administrator 14 days prior to the normal planning commission meeting.

c.

The zoning administrator shall distribute the information received to the city attorney and city engineer, who shall review the submission for conformance with the standards and comments thereupon to the planning commission. The zoning administrator shall compare the final plat or final CIC plat to the preliminary plat or preliminary CIC plat and comment thereupon. The attorney shall ascertain that all parties with an interest in the parcel to be divided are indicated as signers of the documents. The engineer shall determine that the improvements required have been completed or have been included in a development contract and that the required security has been posted with the city council.

d.

The planning commission shall review the reports of the attorney, engineer, and zoning administrator and make recommendation to the city council within the prescribed time frames. The planning commission shall consider the following:

1.

Has the applicant complied with all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or execution of appropriate agreements assuring performance?

2.

Does the final plat or final CIC plat agree with the preliminary plat or preliminary CIC plat?

3.

Does the city attorney agree that all parties with an interest in the property are shown as signers of the document?

4.

Does the city engineer agree that all improvements required are satisfactorily completed or are guaranteed by contract with adequate financial security?

5.

Does an independent licensed land surveyor agree the final document meets the statutory requirements?

6.

Has financial security been posted in the appropriate amount?

e.

The city council shall review the proposal at their next regular meeting and decide the approval within 60 days of the submission of the final plat or final CIC plat to the city.

f.

Following approval by the city council, the subdivider shall submit to the zoning administrator two double-mounted, cloth-backed prints on card stock (hard shells) and two Mylar prints of the final plat or final CIC plat for signature by the mayor and administrator/city clerk-treasurer. The zoning administrator shall send one copy of any approved final plat within shoreland to the DNR postmarked within ten days of approval.

g.

Upon signature, the subdivider shall file all pertinent documents with the county recorder. Failure to file a final plat or final CIC plat within two years shall void the approval unless extended by the city council.

(Code 2000, § 154.111; Ord. of 10-8-1998; Ord. No. 2012-04, 2-6-2012; Ord. No. 2022-02, § 1, 3-7-2022)

A sketch plan shall contain the following data:

(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 floodplain, wetlands, slopes over 12 percent, bluffs, tree cover, and ordinary high water mark.

(3)

Use of adjoining properties including street locations, structure locations, and property lines.

(4)

Significant historical sites.

(5)

Proposed roads and walkways.

(6)

Proposed lots with building setbacks and bluff impact zones.

(7)

Proposed green space.

(8)

Proposed city sewer and water system connections or sewage treatment systems and well locations.

(Code 2000, § 154.101; Ord. of 10-8-1998)

A preliminary plat or preliminary CIC plat shall contain the following data (except as waived by the planning commission) along with other reasonable information required by the commission needed to make a proper evaluation of the proposal:

(1)

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 licensed land surveyor with the legal description of the property, total acreage, name of the fee owner, developer, and surveyor, north arrow, and scale.

(2)

Topography consisting of two-foot contour intervals, or at the discretion of the planning commission during the sketch plan review, ten-foot contour intervals taken from the U.S.G.S. mapping with additional field-determined spot elevations added to define drainage ways, 100-year floodplains, wetlands, slopes, and the ordinary high water mark; and near-shore aquatic conditions, including depths, types of bottom, sediments, and aquatic vegetation.

(3)

Tree cover limits, specimen tree locations.

(4)

Soils as determined by hand borings on a random basis, to determine depth to groundwater at lower elevations and suitability for sewage treatment systems.

(5)

The location of adjoining streets, wetlands, structures, and property lines within 200 feet of the subject parcel, including acreage of any property owned by the developer not included in the preliminary plat.

(6)

Significant historical sites.

(7)

Date of boundary survey, topography, and proposed plat.

(8)

Layout of proposed streets, walkways, blocks, lots, and buildings if known, drawn to the same scale as existing data.

(9)

Dimensions scaled to the nearest one foot of all lot lines, street widths, easement widths, and lake shore lengths.

(10)

Areas of proposed lots.

(11)

Structure setback lines from streets, lot lines, and the ordinary high water mark.

(12)

Proposed green space with area shown.

(13)

Proposed public dedication areas other than streets or walkways with area shown.

(14)

Proposed city sewer or water system connections and extensions existing and proposed with grades shown.

(15)

Potential locations and estimated depth to water table for all proposed on-site sewage disposal systems, two per lot (sewer site analysis reports.)

(16)

Information regarding adequacy of domestic water supply.

(17)

The proposed storm drainage system and erosion control, both during and after construction activities.

(18)

Proposed street standards and profiles.

(19)

Potential principal structure and accessory structure locations and elevations.

(20)

The extent of anticipated vegetation and topographic alterations.

(21)

Proposed covenants.

(22)

The name of the subdivision and proposed street names.

(23)

The stages of development proposed.

(24)

Evidence of authority to subdivide the parcel consisting of fee ownership or written concurrence of fee owners.

(25)

Estimated sewer and water usage rates.

(Code 2000, § 154.102; Ord. of 10-8-1998)

A final plat or final CIC plat shall contain all elements required by this chapter and Minn. Stats. ch. 505 or 515B and the state plat manual, as they may be amended from time to time, including, but not limited to, the following:

(1)

Conformance with the approved preliminary plat or an agreed-upon portion thereof.

(2)

Design standards in conformance with this chapter.

(3)

Preparation by a licensed land surveyor, and signatures of the mayor, administrator/city clerk-treasurer, county auditor, county treasurer, and all parties with legal interest in the fee ownership of the land.

(4)

Dedication to the public of easements, rights-of-way, walkways, and land to become public.

(5)

Drainage and utility easements over natural drainage ways and significant wetlands or other areas determined by the planning commission.

(6)

Reservation of private streets in outlots (planned unit development).

(7)

Covenants. 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 is proposed for subdivision.

a.

The association shall consist of all benefitted lot owners including the subdivider.

b.

The association shall be responsible for all costs of maintenance and replacement.

c.

The costs shall be uniformly divided by lots served.

d.

The costs shall be lienable against the lots by the association if payment is not forthcoming.

e.

The status of the facility shall be clearly stated as subject to perpetual private maintenance.

f.

Provision shall be made for emergency access or emergency maintenance by the city with subsequent reimbursement by the association.

(8)

Concurrent documents.

a.

A 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.

b.

Evidence of plat check by an independent licensed land surveyor.

c.

Financial security acceptable to the city attorney in the amount of 125 percent of the cost estimated by the engineer for the uncompleted required improvements.

d.

Development contract acceptable to the city attorney, if required by this chapter.

(Code 2000, § 154.103; Ord. of 10-8-1998)

The following design standards shall be considered minimum acceptable requirements in the review of the proposed subdivision by the zoning administrator, city attorney, city engineer, planning commission, and council, except as waived by variance:

(1)

The land shall be properly zoned and suitable in its natural state for the intended purpose with minimal alteration. Land subject to flooding, land below the ordinary high water mark, wetlands, areas with a high water table, bluffs, or land containing other significant constraints upon future intended usage shall not be considered in the minimum size of a lot. The suitability analysis for each lot shall also consider soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply, or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation or fish spawning habitat, important historic sites, 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.

(2)

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. Newly created lots requiring mound systems or holding tanks shall not be allowed.

(3)

Provisions for water-based recreation where near shore aquatic conditions are unsuitable for direct access.

(4)

Lot areas and dimensions shall conform to the requirements of the zoning provisions, without variance.

(5)

Lot layouts shall be compatible with the existing layout of adjoining properties.

(6)

Each lot shall have a minimum of 33 feet of frontage on a designated right-of-way. Commonly owned property or green space used for access in a planned unit development shall have a minimum of 33 feet of frontage on a public right-of-way.

(7)

Proposed streets shall conform to the comprehensive plan of the city, county and state highway plans, and existing boundary conditions.

a.

Streets shall be related to the topography so as to produce usable lots and reasonable gradients not in excess of ten percent for collector roads and 15 percent for minor roads.

b.

Public access shall be given to adjacent properties unless the topography clearly indicates future connection is not feasible and another possible route exists.

c.

Access points to county highways shall be approved by the respective authorities, shall be kept to a minimum through the use of frontage roads, and shall be located in accordance with intersection design standards.

d.

Minor streets shall be designed to discourage through traffic. Collector streets shall be designed to be direct, with a connection to a county highway where possible.

e.

Half streets or connections to half streets or partial streets without providing for the full required right-of-way will not be permitted.

f.

Streets will be designed as collector or minor in accordance with the comprehensive plan of the city.

g.

Dead-end streets shall be minimized and the street connected to a cul-de-sac turnaround, and shall not exceed 1,200 feet in length.

h.

Access shall be given to all adjacent properties when required by the planning 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.

i.

1.

The following right-of-way shall be dedicated to the public:

2.

Additional right-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.

j.

Intersections shall meet the following requirements:

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.

Streets shall have names continuous with existing patterns.

4.

Gradients at intersections and for 50 feet approaching on each side of an intersection shall not exceed two percent.

k.

Roads, driveways, and parking areas shall meet structure setbacks (from the ordinary high water mark) and shall not be placed within bluff and shore impact zones, when any other reasonable and feasible placement alternatives exist.

l.

Street names shall conform to the pattern of the city, continue an existing name on the same alignment, and generally promote order and direction in the community.

(8)

Blocks shall meet the following requirements:

a.

A block shall not exceed 1,320 feet in length.

b.

A public walkway shall be required across a block longer than 800 feet at the discretion of the planning commission and in other locations as designated on the comprehensive plan.

c.

Blocks shall normally allow two tiers of lots except adjoining a lake, highway, railroad, boundary line, or other limited access feature.

d.

Blocks shall be divided into lots considering topographic features on the site and the following:

1.

Side lot lines shall be within 15 degrees of radial or right angles to a street lake shore.

2.

Double frontage lots shall be avoided unless substantially deeper than minimum requirements.

3.

Residential lots abutting a highway or railroad shall be 20 percent deeper than minimum requirements.

4.

Lots containing easements for surface drainage shall not include the easement area in the minimum lot size.

(9)

Easements shall be provided for public utilities or drainage where required by the planning commission and shall be the following widths, minimum:

(10)

Lots requiring variances to allow their use for the intended purposes or required holding tanks for sewage shall not be allowed.

(Code 2000, § 154.104; Ord. of 10-8-1998; Ord. No. 2012-04, 2-6-2012)

Survey standards shall be those required by Minn. Stats. ch. 505, as it may be amended from time to time, including the placement of all monuments including block corners, lot corners, curve points, and lake survey line points on lot lines. All U.S., state, county, and other official bench marks, monuments, or triangulation points in or adjacent to the proposed subdivision shall be preserved in position unless relocation is approved by the controlling agency.

(Code 2000, § 154.105; Ord. of 10-8-1998)

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.

(1)

Residential collector city streets shall be constructed according to the "Minimum Standards for Residential Roadway Construction" dated December 3, 1991, or subsequently revised by the city council.

(2)

Commercial city streets shall be constructed to residential standards as a minimum, with the addition of on-street parking spaces, curb and gutter, or increased pavement thickness as recommended by the city engineer and adopted by the planning commission.

(3)

Residential minor streets shall be constructed according to the "Minimum Standards for Residential Roadway Construction" dated December 3, 1992, or subsequently revised by the city council.

(Code 2000, § 154.106; Ord. of 10-8-1998)

(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 by agreement in a development contract between the subdivider and the city council at the subdivider's expense, if the existing system is adjacent to the parcel being subdivided or reasonably close in the opinion of the engineer and planning commission. 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 Minnesota Pollution Control Agency Standards, "Individual Sewage Treatment Systems Standards," Minn. Rules ch. 7080, as it may be amended from time to time, and provide for two treatment sites for drain fields.

(d)

Municipal sewage facilities shall be designed by a licensed professional engineer, approved by the city engineer, approved by the Minnesota Pollution Control Agency, and installed according to "Standard Utilities Specifications," City Engineer's Association of Minnesota.

(Code 2000, § 154.107; Ord. of 10-8-1998)

(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 in conformance with this chapter or the subdivider shall provide the lot with a cluster water supply system to be owned and operated by a property owners' association or the subdivider shall provide municipal water service to the lot.

(b)

A municipal water system shall be extended to the lot by agreement in the development contract between the subdivider and the council at the expense of the subdivider if the existing municipal system is adjacent to the parcel being subdivided or reasonably close in the opinion of the engineer and planning commission. The water main shall also be extended to the exterior boundary at locations designated by the engineer. Minimum water main size shall be six inches with hydrants located no greater than 350 feet from each lot in residential areas, or 300 feet from each building site in commercial areas.

(c)

On-site wells or cluster water systems shall conform to Minn. Rules ch. 4725, as it may be amended from time to time, and the cluster system shall receive the approval of the city engineer.

(d)

Municipal water facilities shall be designed by a licensed engineer, approved by the city engineer, approved by the Minnesota Department of Health, and installed according to "Standard Utilities Specifications" City Engineer's Association of Minnesota.

(Code 2000, § 154.108; Ord. of 10-8-1998)

(a)

The subdivider shall consider the retention of natural stormwater/snow melt 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 natural drainage ways draining properties upstream from the subject property shall be preserved, and no structures shall be less than one foot above the water level in the drainage way created by a storm of a 100-year return period or a one percent chance of occurrence. No filling of areas inundated by the 100-year storm along drainage ways shall be allowed except by conditional use permit.

(c)

All streets, building sites, and subsurface sanitary disposal sites shall be drained to a natural drainage way. The subdivider shall provide adequate grading or drainage structures so no inundation or ponding will occur from a storm of a five-year return period or a 20 percent chance of occurrence. Culverts shall handle a two-year storm without overtopping.

(d)

Natural or manmade storage areas may be utilized, if designated by drainage and utility easement by the subdivider or included in green space. No storage area shall be considered part of the minimum lot area requirement. All storage areas shall be vegetated and designed to lower naturally after a storm.

(e)

All drainage structures provided shall be sufficient in size to pass a five-year storm to a natural drainage way and to pass a 100-year storm along a drainage way.

(f)

All areas disturbed by grading, street construction, or structure installation shall be covered with four inches of natural topsoil and seeded. Drainage ways over two percent in gradient shall be sodded.

(g)

All parking areas, heavy use areas, storage areas, and impervious areas shall be diverted to a basin designed to allow entrapment of silts and nutrients prior to discharge to a natural drainage way or public water.

(h)

Erosion control measures shall be provided where necessary in the opinion of the engineer.

(Code 2000, § 154.109; Ord. of 10-8-1998)

(a)

Prior to the city council approving a final plat or the planning commission approving a metes and bounds split, the subdivider shall provide for the construction of the required improvements at his or her expense and shall have the work completed or shall enter a development contract and give bond or other financial assurance satisfactory to the council in an amount equal to 125 percent of the estimated cost of the uncompleted improvements. The bond shall be released by the city council upon the recommendation of the city engineer indicating the improvements are satisfactorily complete.

(b)

The required improvement shall conform to the standards of this chapter and shall include city street signs and lighting in conformance with city standards.

(c)

The subdivider may request the city construct municipal sewage facilities, municipal water facilities, or bituminous street surfacing with all cost to be assessed against the benefitted properties. If the city council agrees, the subdivider shall enter a development contract and give a bond or other financial assurance satisfactory to the council in an amount equal to 50 percent of the estimated cost. The assessments shall be paid in full upon sale of the property. The bond shall be released with the last 25 percent of the assessment payments.

(d)

All costs of the city engineer, city attorney, bond counsel, financial experts, and other professional costs borne by the city in writing and/or executing development contracts, estimates of cost, inspectors, financial arrangements, assessments, and pursuing legal remedies in event of default by the subdivider shall be borne by the subdivider.

(Code 2000, § 154.110; Ord. of 10-8-1998)

(a)

In accordance with the provisions of Minn. Stats. § 462.358, or amendments thereto, the sub divider 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 of Walker finds it in the public interest and necessary to provide future parks, trails and other public open and recreational spaces for the citizens of Walker. 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 commission, shall require a payment or dedication to the city of any one of the following, to be reviewed on an annual basis at the beginning of each calendar year:

(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 0.018 acres per resident expected in the proposed development, using the most recent average household size as determined by the Minnesota State Demographer's Office and the U.S. Census Bureau. The city has the option to condition approval of the subdivision upon the developer's agreement to construct and provide needed public improvements such as streets, utilities, and similar improvements. This agreement should be formalized in a written development agreement.

(2)

A cash payment in lieu of land will be determined by the Cass County parcel report for the undeveloped land value at the time.

(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 and master park plan.

(c)

The amount of land and/or payment shall be set by the city council, from the recommendation of the planning 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. 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.

(d)

Funds received by the city, in lieu of land dedication, shall be placed in a special fund in accordance with Minn. Stats. § 462.358, subdivision 2b.

(e)

All land dedication pursuant to this section shall be conveyed to the city through a warranty deed drafted by the city attorney.

(f)

The city will record the money collected and the manner in which it is spent to further those purposes, including how each cash payment was used.

(Ord. No. 2020-04, § 1, 7-6-2020)

(a)

Purpose. The lot line adjustment/merger process consists of an application, review process with the planning board and approval by council in which there are limited requirements to combine multiple lots into one parcel or to adjust a common lot line affecting existing parcels. Parcels resulting from these procedures must be consistent with all zoning code requirements and other applicable regulations. An approved lot merger is required prior to a building permit being issued if the purpose of consolidation is for building. In the case that a consolidation takes place for building or zoning purposes, the lots shall not be divided in the future. See subsection 109-150(3).

(b)

Qualifications.

(1)

Lot merger. Two or more contiguous parcels under the same ownership, whether recorded platted lots or described by metes and bounds, may be consolidated into one parcel.

(2)

Lot line adjustment. A lot line may be adjusted by relocating a common boundary.

(3)

Rezoning. If the adjustment or combination 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.

(4)

Easements. Any easements that become unnecessary as a result of the combination of parcels must be vacated. In addition, new easements must be established where appropriate. This may require a public hearing.

(c)

Review of application.

(1)

The zoning administrator shall review the application and required information to determine conformance with the Comprehensive Plan, Zoning Code, Airport Zoning Regulation, official map, and this chapter.

(2)

The planning commission shall recommend the approval of the lot merger or lot line adjustment within a reasonable time based on the resulting lots complying with this chapter, 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.

(3)

The resulting land descriptions shall be prepared and signed by a licensed land surveyor and shall comply with all sections of this chapter.

(d)

Requirements for lot merger/lot line adjustment.

(1)

Required information. The following information shall be submitted along with the application for lot consolidation or lot line adjustment:

a.

A certificate of survey prepared by a registered land surveyor for all parcels involved, which includes:

1.

Scale not less than one inch equals 100 feet;

2.

North point indication;

3.

Original and proposed lot boundaries;

4.

Existing and resulting parcel legal descriptions;

5.

The location of existing structures on the sites;

6.

Proposed driveway locations;

7.

Existing and proposed easement locations;

8.

Environmental constraints of the site; and

9.

Existing and proposed utilities.

b.

Proof of ownership of the property and any existing deed restrictions.

c.

For lot line adjustments both parcel owners' consent for the adjustment via signed application and proof of ownership. An exception to the signed consent is when a court order is put in place, ordering the adjustment.

d.

Additional information if deemed necessary and required by the city.

e.

For good cause shown, certain requirements may be waived by the zoning administrator as not being pertinent to the lot consolidation/lot line adjustment being sought.

(2)

Staking. The city may require that the existing and proposed lot corners be staked at the site in such a manner that they are visible from the road for review by the city and maintained throughout the entire review process.

(e)

Recording.

(1)

The applicant shall record the appropriate documents in the Office of the Cass County Recorder within 120 days after the date of approval. If not recorded within the 120-day period, the approval shall be considered void.

(2)

Copy to city. The applicant shall, immediately upon receipt of the recorded document from the county recorder, furnish the city with a copy of the document(s) showing evidence of the recording and all conditions of approval have been met.

(3)

Building permit. No building permits shall be issued for construction of any structure on any affected lots until the city can confirm the document(s) has been recorded by the county recorder.

(Ord. No. 2024-11, § 1, 1-6-2025)