city ordinances – chapter 12
SUBDIVISION REGULATIONS (PLATTING)
SEC. 12.01. PURPOSE AND APPLICATION.
Subd. 1. Intent and Purpose. In order to safeguard the best interest of the City and to assist the subdivider in harmonizing his interests with those of the City, the following Chapter is 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 platting of land within the City pursuant to the authority contained in Minnesota Statutes Annotated, which regulations the Council deems necessary for the health, safety and general welfare of this community.
Subd. 2. Approvals Necessary for Acceptance of Subdivision Plats. Before any plat or subdivision of land shall be recorded or be of any validity, it shall be referred to the Planning Commission and approved by the Council as having fulfilled the requirements of this Chapter.
Subd. 3. Conditions for Recording. No plat or subdivision shall be entitled to be recorded in the Wright 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.
Subd. 4. Building Permits. No building permits shall be issued 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.
Subd. 5. Conflict. Whenever there is a difference between minimum standards or dimensions specified herein and those contained in other official regulations, resolutions or City Code provisions, the most restrictive standards shall apply.
Subd. 6. Measured Distances. All measured distances expressed in feet shall be the nearest tenth of a foot.
SEC. 12.02. DEFINITIONS. As used in this Subdivision Chapter the following words and phrases shall mean:
1. “Alley” – A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.
2. “Applicant” – The owner of land proposed to be subdivided for his representation. Consent shall be required from the legal owner of the premises.
3. “Base Lot” – A lot meeting all the specifications within its zoning district prior to being divided into a two-family, townhouse, or quadraminium subdivision.
4. “Block” – An area of land within a subdivision that is entirely bounded by streets, or by streets and the entire boundary or boundaries of the subdivision, or a combination of the above with a river or lake.
5. “Boulevard” – The portion of the street right-of-way between the curb line and the property line.
6. “Building” – Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and includes any structure.
7. “Comprehensive Plan” – The group of maps, charts and texts that make up the comprehensive long-range plan of the City.
8. “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.
9. “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, including but not limited to, wetlands, ponding areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines.
10. “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.
11. “Individual Sewage Disposal System” – A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.
12. “Lot” – Land occupied or to be occupied by a building and its accessory buildings together with such open spaces as are required under the provisions of the current zoning regulations, having not less than the minimum area required by said zoning regulations for a building site in the district in which such lot is situated and having its principal frontage on a street.
13. “Lot, Corner” – A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five degrees (135o).
14. “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.
15. “Outlot” – A lot remnant or parcel of land left over after platting, which is intended as open space or other use, for which no building permit shall be issued.
16. “Parks and Playgrounds” – Public land and open spaces in the City dedicated or reserved for recreation purposes.
17. “Percentage of Grade” – On street center line, means the distance vertically from the horizontal in feet and tenths of a foot for each one hundred feet (100′) of horizontal distance.
18. “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.
19. “Planning Commission” – The Planning Commission of the City.
20. “Preliminary Plat” – A tentative drawing or map of a proposed subdivision meeting the requirements herein enumerated.
21. “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.
22. “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.
23. “Quadraminiums” – Single structures which contain four (4) subdivided dwelling units all of which have individually separate entrances from the exterior of the structure.
24. “Setback” – The distance between a building and the property line nearest thereto.
25. “Street” – A public right-of-way affording primary access by pedestrians or vehicles or both, to abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue or boulevard.
26. “Streets, Thoroughfares, Arterial Streets” – Those streets carrying larger volumes of traffic and serving as links between various subareas 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.
27. “Streets, Collector Streets” – Those streets which carry traffic from local streets to the major system of arterials and highways. Collector streets primarily provide principal access to residential neighborhoods, including, to a lesser degree direct land access.
28. “Streets, Local Streets” – Those streets which are used primarily for access to abutting properties and for local traffic movement.
29. “Streets, Marginal Access Streets” – Those local streets which are parallel and adjacent to thoroughfares and highways; and which provide access to abutting properties and protection from through traffic.
30. “Streets, Cul-De-Sac” – A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
31. “Street Width” – The shortest distance between lines of lots delineating the street right-of-way.
32. “Subdivider” – Any individual, firm, association, syndicate, copartnership, 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.
33. “Subdivision” – The separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots or long term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys for residential, commercial, industrial or other use or any combination thereof, except those separations: (a) Where all the resulting parcels, tracts, lots or interests will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses; (b) Creating cemetery lots; (c) Resulting from Court orders, or the adjustment of a lot line by the relocation of a common boundary.
34. “Two Family Dwelling” – A dwelling designed exclusively for occupancy by two (2) families living independently of each other.
35. “Unit Lots” – Lots created from the subdivision of a two family dwelling or a quadraminium having different minimum lot size requirements than the conventional base lot within the zoning district.
Source: Ordinance No. 13.045
Effective Date: 5-24-85
SEC. 12.10. MINOR SUBDIVISIONS.
Subd. 1. Application. This Section shall apply to the following applications.
A. In the case of a request to divide a lot where the division is to permit the adding of a parcel of land to an abutting lot.
B. In the case of a request to divide a lot from a larger tract of land and thereby creating no more than two lots. To qualify, the parcel of land shall not have been part of a minor subdivision within the last five (5) years.
C. In the case of a request to divide a base lot upon which a two family dwelling, townhouse, or a quadraminium 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.
Subd. 2. Content and Data Requirements.
A. Certificate of Survey. The requested minor division shall be prepared by a registered land surveyor in the form of a Certificate of Survey.
B. Property Description and Submission Information. The data and supportive information detailing the proposed subdivision shall be the same as required for a major subdivision as described in Section 12.20 of this Chapter. Exceptions, as stipulated in writing, may be granted by the City Administrator.
Subd. 3. Design Standards. The minor subdivision shall conform to all design standards as specified in Section 12.30 of this Chapter. Any proposed deviation from said standards shall require the processing of a variance request.
Subd. 4. Processing.
A. If the land division involves property which has been previously platted, the City Administrator shall h have the authority to approve the subdivision, provided that it complies with applicable provisions of this Chapter.
B. In the case of applications involving property not previously platted, applicable processing provisions of Section 12.11, Subd. 2, shall be followed.
SEC. 12.11. PROCEDURES FOR FILING AND REVIEW.
Subd. 1. Sketch Plan. In order to insure that all applicants are informed of the procedural requirements and minimum standards of this Chapter and the requirements or limitations imposed by other City Code provisions or plans, prior to the development of a preliminary plat, all applicants shall present a sketch plan to the City Administrator prior to filing a preliminary plat.
A. Filing. Five (5) copies of the preliminary plat and list of property owners located within one hundred (100) feet of the subject property obtained from Wright County, shall be submitted to the City Administrator. The required filing fee as established by Council resolution shall be paid and any necessary applications for variances from the provisions of this Chapter shall be submitted with the required fee. The proposed plat shall be placed on the agenda of the first possible Planning Commission meeting occurring after ten (10) days from the date of submission. The plan shall be considered as being officially submitted when all the information requirements are complied with.
B. Hearing. The City Clerk shall set a public hearing for public review of the preliminary plat. The hearing shall be held after adequate time has been allowed for staff and advisory body review of the plat. The Planning Commission shall conduct the hearing, and report its findings and make recommendations to the Council. Notice of the hearing shall consist of a legal property description, description of request and shall be published in the official newspaper at least ten (10) day prior to the hearing. Written notification shall be mailed at least ten (10) days prior to all owners of land within one hundred (100) feet of the boundary of the property in question.
C. Technical Assistance Reports. The City Administrator shall instruct the appropriate staff to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Council.
D. Review by Other Commissions or Jurisdictions. The City Administrator shall refer copies of the preliminary plat to the Park and Recreation Committee, County, State or other public jurisdictions for their review and comment, where appropriate and when required.
E. Planning Commission Action. The Planning Commission shall make a recommendation to the Council following the close of the public hearing. If the Planning Commission has not acted upon the preliminary plat within sixty (60) days following delivery of a subdivision application completed in compliance with this Chapter, the Council may act on the preliminary plat without the Planning Commission’s recommendation.
F. Council Action.
1. The Council shall approve or disapprove the preliminary plat within one hundred twenty (120) days following delivery of an application completed in compliance with this Chapter unless an extension of the review period has been agreed to by the applicant and may impose conditions and restrictions which are deemed appropriate.
2. If the preliminary plat is not approved by the Council, the reasons for such action shall be recorded in the proceedings of the Council. If the preliminary plat is approved, such 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 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 based upon technical findings and needs.
3. If the preliminary plat is approved by the Council, the subdivider must submit the final plat within one hundred (100) days after said approval or approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing and approved by the Council.
A. Filing. After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in this Chapter. The City may agree to review the preliminary and final plat simultaneously.
B. Approval of the Planning Commission. Five (5) copies of the final plat shall be submitted to the City Administrator for distribution to the Planning Commission, Council and appropriate City staff. The City staff shall examine the final plat and prepare a recommendation to the Planning Commission. Nature of approval, disapproval or any delay in decision of the final plat will be conveyed to the subdivider within ten (10) days after the meeting of the Planning Commission at which such plat was considered.
C. Approval of the Council. After review of the final plat by the Planning Commission, such final plat, together with the recommendations of the Planning Commission shall be submitted to the Council for approval. If accepted, the final plat shall be approved by resolution, which resolution shall provide for the acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the Council. 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.
D. Special Assessments. When any existing special assessments which have been levied against the property described shall be divided and allocated to the respective lots in the proposed plat, the City Administrator shall estimate the clerical cost of preparing a revised assessment roll, filing the same with the County Auditor, and making such division and allocation, and upon approval by the Council of such cost, the same shall be paid to the City Clerk before the final plat approval.
E. Street Addresses. With submission of the final plat, five (5) copies of the plat map showing all addresses correctly labeled in conformance with all applicable County ordinances and policies and City Code provisions and City policies shall be supplied to the City Administrator for subsequent distribution to the utility companies and local school districts.
F. Recording Final Plat. If the final plat is approved by the Council, the subdivider shall record it with the Wright County Recorder within one hundred (100) days after said approval or approval of the final plat shall be considered void, unless a request for time extension is submitted in writing and approved by the Council. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. No building permits shall be let for construction of any structure on any lot in said plat until the City has received evidence of the plat being recorded by Wright County.
Subd. 4. Premature Subdivisions. Any preliminary plat of a proposed subdivision deemed premature for development shall be denied by the Council.
A. Conditions Establishing Premature Subdivisions. A subdivision may be deemed premature should any of the conditions set forth in the provisions which follow exist:
1. Lack of Adequate Drainage. A condition of 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.
(b) The proposed subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or downstream land.
(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 determina-tions may include: average rainfall for the area; the relation of the land to flood plains; 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 proposed subdivision shall be deemed to lack an adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed subdivision if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas.
3. Lack of Adequate Roads or Highways to Serve the 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 Wright County and/or the Minnesota Department of Highways, said roads are inadequate for the intended use.
(b) The traffic volume generated by the proposed subdivision would create unreasonable highway congestion or unsafe conditions on highways existing at the time of the application or proposed for completion within the next two (2) years.
4. Lack of Adequate Waste Disposal Systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems 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 Comprehensive Plan of the City, as may be amended.
5. Inconsistency With Comprehensive Plan. The proposed subdivision is inconsistent with the purposes, objectives and recommendations of the duly adopted Comprehensive Plan of the City, as may be amended.
6. Providing Public Improvements. If 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 (2) fiscal years.
7. MEQC Policies. The proposed subdivision is inconsistent with the policies of MEQC 25, 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 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.
Source: Ordinance No. 13.045
Effective Date: 5-24-85
SEC. 12.20. PLAT AND DATA REQUIREMENTS.
Subd. 1. Sketch Plan. Sketch plans shall contain, at a minimum, the following information:
A. Plat boundary.
B. North arrow.
D. Street layout on and adjacent to plat.
E. Designation of land use and current or proposed zoning.
F. Significant topographical or physical features.
G. General lot locations and layout.
H. Preliminary evaluation by the applicant that the subdivision is not classified as premature, based upon criteria established in Section 12.11, Subd. 4, of this Chapter.
Subd. 2. Preliminary Plat. The subdivider shall prepare and submit a preliminary plat, together with any necessary supplemental information. The preliminary plat shall contain the information set forth in this Chapter.
A. General Requirements.
1. Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions.
2. Location of boundary lines in relation to a known section, quarter section or quarter-quarter section lines comprising a legal description of the property.
3. Names and addresses of all persons having property interest, the developer, designer and surveyor together with his registration number.
4. Graphic scale or plat, not less than one (1) inch to one hundred (100) feet.
5. Data and north arrow.
B. Existing Conditions.
1. Boundary line and total acreage of proposed plat, clearly indicated.
2. Existing zoning classifications for land within and abutting the subdivision.
3. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the tract and to a distance of one hundred (100) feet beyond the tract.
4. Location and size of existing sewers, water mains, culverts or other underground facilities within the tract and to a distance of one hundred (100) feet beyond the tract. Such data as grades, invert elevations and locations of catch basins, manholes and hydrants shall also be shown.
5. Boundary lines of adjoining unsubdivided or subdivided land, within one hundred (100) feet, identified by name and ownership, including all contiguous land owned or controlled by the subdivider.
6. Topographic data of the site and area within one hundred (100) feet, including contours at vertical intervals of not more than two (2) feet. Watercourses, wetlands, rock outcrops, power transmission poles and lines, and other significant features shall also be shown.
7. In plats where public water and sewer are not available, the subdivider shall file a report prepared by a registered civil engineer on the feasibility of individual on-site sewer and water systems on each lot, and shall include soils boring analysis and percolation tests to verify conclusions.
C. Proposed Design Features.
1. Layout of proposed streets showing the right-of-way widths, centerline gradients, typical cross-sections, and proposed names of streets in conformance with City and County street identification policies. The name of any street heretofore used in the City or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used.
2. Locations and widths of proposed alleys and pedestrian ways.
3. Locations and size of proposed sewer lines and water mains.
4. Location, dimension and purpose of all easements.
5. Layout, numbers, lot areas and preliminary dimensions of lots and blocks.
6. Minimum front and side street building setback lines.
7. When lots are located on a curve, the width of the lot at the building setback line.
8. Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres.
9. Water Supply. Water mains shall be provided to serve the subdivision by extension of an existing community system wherever feasible. Service connections shall be stubbed into the property line and all necessary fire hydrants shall also be provided. Extensions of the public water supply system shall be designed so as to provide public water in accordance with the standards of the City. In areas where public water supply is not available, individual wells shall be provided on each lot, properly placed in relationship to the individual sewage disposal facilities on the same and adjoining lots. Well plans must comply with the Minnesota State Well Code, as may be amended, and be submitted for the approval of the City Engineer.
10. Sewage Disposal, Public. Sanitary sewer mains and service connections shall be installed in accordance with the standards of the City.
11. Sewage Disposal, Private. All on-site septic systems shall be installed in accordance with all applicable State Pollution Control Agency regulations and City Code provisions.
12. Grading plan which shall include the proposed grading and drainage of the site. Also to be stipulated are the garage floor or basement elevations of all structures.
D. Supplementary Information.
1. Any or all of the supplementary information requirements set forth in this Subparagraph shall be submitted when deemed necessary by the City staff, consultants, advisory bodies and/or the Council.
2. Proposed Protective Covenants.
3. An accurate soil survey of the subdivision prepared by a qualified person.
4. A survey prepared by a qualified person identifying tree coverage in the proposed subdivision in terms of type, weakness, maturity, potential hazard, infestation, vigor, density and spacing.
5. Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the development on traffic, fire hazards, and congestion of population.
6. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any rights in the applicant.
7. Provision for surface water disposal, ponding, drainage and flood control.
8. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, it shall be required that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be required to relate well with existing or potential adjacent subdivisions.
9. Where structures are to be placed on large or excessively deep lots which are subject to potential replat, the preliminary plat shall indicate a logical way in which the lots could possibly be resubdivided in the future.
10. A plan for soil erosion and sediment control both during construction and after development has been completed. The plan shall include gradients of waterways, design of velocity and erosion control measures, design of sediment control measures, and landscaping of the erosion and sediment control system and shall be included as part of the required drainage plan.
11. A vegetation preservation and protection plan that shows those trees proposed to be removed, those to remain, the types and locations of trees and other vegetation that are to be planted.
12. When the City has agreed to install improvements in a development, the developer may be required to furnish a financial statement satisfactory to the City indicating the developer’s ability to develop the plat.
13. Such other information as may be required as documented in writing by the City staff.
Subd. 3. Final Plat. The owner or subdivider shall submit a final plat together with any necessary supplemental information. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of Minnesota State Statutes and Wright County regulations, and such final plat shall contain the following information:
A. Name of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision.
B. Location by section, township, range, County and State, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. The allowable error closure of any portion of a final plat shall be one (1) foot in seven thousand five hundred (7,500) feet.
C. The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments.
D. Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines.
E. Lots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block.
F. The exact locations, widths and names of all streets to be dedicated.
G. Location and width of all easements to be dedicated.
H. Name and address of surveyor making the plat.
I. Scale of plat (the scale to be shown graphically on a bar scale), date and north arrow.
J. Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the strips marked “utility easements”.
K. Statement dedicating all streets, alleys and other public areas not previously dedicated as follows: Streets, alleys and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated.
A. Certification by registered surveyor in the form required by Section 505.03, Minnesota Statutes, as amended.
B. Execution of all owners of any interest in the land and any holders of a mortgage thereon of the certificates required by Section 505.02, Minnesota Statutes, as amended, and which certificate shall include a dedication of the utility easements and other public areas in such form as approved by the Council.
C. Space for certificates of approval and review to be filled in by the signatures of the Chairman of the Planning Commission and the Mayor and City Clerk. The form of certificate by the Planning Commission is as follows:
Reviewed by the Planning Commission of the
City of Buffalo.
This______day of________________, 19______.
The form of approval of the Council is as follows:
Approved by the City Council of the
City of Buffalo.
This______day of________________, 19______.
Source: Ordinance No. 13.045
Effective Date: 5-24-85
SEC. 12.30. DESIGN STANDARDS.
Subd. 1. Blocks.
A. 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 one thousand three hundred twenty-five (1,325) feet nor be less than four hundred (400) feet in length, except where topography or other conditions justify a departure from this maximum. In blocks longer than eight hundred (800) feet, pedestrian ways and/or easements through the block may be required near the center of the block.
B. Block Width. The width of the block shall normally be sufficient to allow two (2) 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.
A. Area. The minimum lot area, width and depth shall not be less than that established by the Zoning Chapter of the City Code in effect at the time of adoption of the final plat.
B. Corner Lots. Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required in the Zoning Chapter of the City Code.
C. Side Lot Lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines.
D. Frontage. Every lot must have the minimum frontage on a City approved street other than an alley, as required by the Zoning Chapter of the City Code.
E. Setback Lines. Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the Zoning Chapter of the City Code, as may be amended.
F. Watercourses. Lots abutting a watercourse, wetland, ponding area or stream shall have additional depth and width, as required under the provisions of the Zoning Chapter of the City Code.
G. Features. In the subdividing of 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.
H. Lot Remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels.
I. Political Boundaries. No singular plot shall extend over a political boundary or school district line without document notification to affected units of government.
J. Frontage on Two Streets. Double frontage, or lots with frontage on two (2) parallel streets shall not be permitted except: where lots back on arterial streets or highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for screen planting along the back lot line.
K. Turn-Around Access. Where proposed residential lots abut a collector or arterial street, they should be platted in such a manner as to encourage turn-around access and egress on each lot.
A. Streets, Continuous. 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. The arrangement of thoroughfares 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.
B. Local Streets and Dead-End Streets. Local streets should be so planned as to discourage their use by non-local traffic. Dead-end streets are prohibited, but cul-de-sacs shall be permitted where topography or other physical conditions justify their use. Cul-de-sacs shall not be longer than five hundred (500) feet, including a terminal turn around which shall be provided at the closed end, with a right-of-way radius of not less than sixty (60) feet.
C. Street Plans for Future Subdivisions. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider.
D. Temporary Cul-De-Sac. (Repealed by Ordinance No. 3, Second Series, adopted 2-18-86.)
E. Provisions for Resubdivision of Large Lots and Parcels. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision.
F. Street Intersections. Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. Under normal conditions, the minimum angle of intersection of streets shall be eighty (80) degrees. Street intersection jogs with an offset of less than one hundred twenty-five (125) feet shall be avoided.
G. Subdivisions Abutting Major Rights-of-Way. Wherever the proposed subdivision contains or is adjacent to the right-of-way of a U.S. or State highway or thoroughfare, provision may be made for a marginal access street approximately parallel and adjacent to the boundary of such right-of-way; provided, that due consideration is given to proper circulation design, or for a street at a distance suitable for the appropriate use of land between such street and right-of-way. Such distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separations, or for lot depths.
H. Sidewalks. In those cases where the Council deems it appropriate, sidewalks of not less than four (4) feet in width shall be provided. Where a proposed plat abuts or includes an arterial street, sidewalks, of not less than four (4) feet in width on both sides of the paved surface shall be provided. Where the proposed plat abuts or includes a collector street, sidewalks of not less than four (4) feet in width shall be required on one side of the street. In all cases where sidewalks are provided provisions shall be made for handicapped access.
I. Service Access, Alleys. Service access shall be provided in commercial and industrial districts for off-street loading, unloading and parking consistent with and adequate for the uses proposed. Except where justified by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Alleys, where provided, shall not be less than thirty (30) feet wide. Dead-end alleys shall be avoided wherever possible, but if unavoidable, such dead-end alleys may be approved if adequate turn around facilities are provided at the closed end.
J. Half Streets. Dedication of half streets shall not be considered for approval except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations or where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided.
K. Compliance With the Wright County Thoroughfare Plan. All subdivisions incorporating streets which are identified in the Wright County Thoroughfare Plan as amended, shall comply with the minimum right-of-way, surfaced width and design standards as outlined in said plan.
L. Street Grades. Except when, upon the recommendation of the City Engineer, the topography warrants a greater maximum, the grades in all streets, thoroughfares, collector streets, local streets and alleys in any subdivision shall not be greater than eight (8) percent. In addition, there shall be a minimum grade on all streets and thoroughfares of not less than five-tenths (.5) percent.
M. Curb Radius. The minimum curb radii for thoroughfares, collector streets, local streets and alleys shall be as follows:
Arterial Streets, Collector and Local Streets 12 feet
Alleys 4 feet
N. Reverse Curves. Minimum design standards for collector and arterial streets shall comply with Minnesota State Aid Standards.
O. Reserve Strips. Reserve strips controlling access to streets shall be prohibited except under conditions accepted by the Council.
P. Street Right-of-Way Width. Street right-of-way widths shall conform with the following standards:
Arterial Street 100 feet
Collector Street 80 feet
Local Street 60 feet*
* In the case of a unique physical hardship or where prior subdivision approval has occurred, local streets right-of-way may be reduced 50 feet subject to the approval of the City Engineer and City Planner.
A. Width and Location. An easement for utilities at least five (5) feet wide shall be provided along all lot lines. If necessary for the extension of main water or sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots.
B. Continuous Utility Easement Locations. Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the 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 will fall along side lot lines.
A. The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion.
B. Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control erosion.
C. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time.
D. When soil is exposed, the exposure shall be for the shortest feasible period of time, as specified in the development agreement.
E. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. Top soil shall be restored or provided to a depth of four (4) inches and shall be of a quality at least equal to the soil quality prior to development.
F. Natural vegetation shall be protected wherever practical.
G. Runoff water shall be diverted to a sedimentation basis before being allowed to enter the natural drainage system.
Subd. 6. Storm Drainage. All subdivision design shall incorporate adequate provisions for storm water runoff consistent with the City Storm Drainage Plan, as amended, and be subject to review and approval of the City Engineer. The rate of runoff for the area being subdivided is to be maintained at a level equal to that which existed in an undeveloped state, except as may be approved by the City Engineer.
Subd. 7. Protected Areas. Where land proposed for subdivision is deemed environmentally sensitive by the City, due to the existence of wetlands, drainage ways, watercourses, floodable areas or steep slopes, the design of said subdivision shall clearly reflect all necessary measures of protection to insure against adverse environmental impact. Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether said protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form 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 subdivider shall be required to demonstrate that the proposed design will not require construction on slopes over eighteen (18) percent, or result in significant alteration to the natural drainage system such that adverse impacts cannot be contained within the plat boundary.
A. As a prerequisite to plat approval, subdividers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City’s park fund as provided by this Subdivision. In the case of a replat of previously subdivided property where a park dedication or contribution has been made or where the previously subdivided lots are less than seventy (70) percent of current lot area standards, no park dedication or contribution shall be required. No park dedication or contribution shall be required in the case of a minor subdivision where land is being added to an existing parcel for the creation of a larger lot.
B. Land to be dedicated shall be reasonably suitable for its intended 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, hydrology, tree cover, access and location.
C. The Park and Recreation Committee shall recommend to the Council the land dedication and cash contribution requirements for proposed subdivisions.
D. Changes in density of plats shall be reviewed by the Park and Recreation Committee for reconsideration of park dedication and cash contribution requirements.
E. When a proposed park, playground, recreational area, school site or other public ground has been indicated in the City’s official map or comprehensive plan and is located in whole or in part within a proposed plat, it shall be designated as such on the plat and shall be dedicated to the appropriate governmental unit. If the subdivider elects not to dedicate an area in excess of the land required hereunder for such proposed public site, the City may consider acquiring the site through purchase or condemnation.
F. Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the Zoning Chapter of the City Code and shall be in addition to and not in lieu of open space requirements for planned unit developments.
G. Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the Council, against the requirement of dedication for park and recreation purposes, provided the Council finds it is in the public interest to do so.
H. The City upon consideration of the particular type of development, may require larger or lesser parcels of land to be dedicated if the City determines that present or future residents would require greater or lesser land for park and playground purposes. In addition, the Council may also require lots within the subdivision to be held in escrow for future sale or development. The moneys derived from the sale of escrowed lots will be used to develop or to purchase park land in the future.
I. In residential plats, one acre of land shall be conveyed to the City as an outlot by warranty deed for every seventy-five (75) people the platted land could house based upon the following population calculations:
Single Family detached dwelling lots: 3.5 persons
Two Family dwelling lots: 6.0 persons (3.0 per unit)
Apartments, townhouses, condominiums and other dwelling units: 1 person per bedroom
In addition to this land dedication, the developer shall pay a cash donation for neighborhood park development of $250 per unit.
- Source: Ordinance 32, Series V
- Effective Date: 03-29-01
J. In lieu of a full park land donation, the City may require cash donations based on the ratio of land actually donated to the required land donation as calculated in Subsection 8.I., above. The amount of cash donation shall be set per unit by resolution of the City Council. In addition to this amount, the developer shall pay a cash donation for neighborhood park development of $250 per unit.
- Source: Ordinance 32, Series V
- Effective Date: 03-29-01
K. The City may elect to receive a combination of cash, land and development of the land for park use. The fair market value of the land the City wants and the value of the development of the land shall be calculated. That amount shall be subtracted from the cash contribution required by Subparagraph J above. The remainder shall be the cash contribution requirement.
L. “Fair market value” shall be determined as of the time of filing the final plat in accordance with the following:
1. The City and the developer may agree as to the fair market value, or
2. The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider’s expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies.
3. If the City disputes such appraisal the City may, at the subdivider’s expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land.
M. Planned developments with mixed land uses shall make cash and/or land contributions in accordance with this Chapter based upon the percentage of land devoted to the various uses.
N. Park cash contributions are to be calculated at the time of final plat approval. The Council may approve a delay in the payment of cash requirements provided that an agreement is executed guaranteeing such payment in accordance with the following:
1. Any developer may elect to pay in full park fees based on the rate in effect at the time of the final plat approval.
2. Plats with park fees of up to $2,500.00 must be paid in full when the Council approves the final plat.
3. Twelve Month Scheduled Payment Plan. Plats with park fees of $2,501.00 to $7,500.00 must pay at least one-third of the fee when the final plat is approved by the Council, one-half of the balance no later than six (6) months from the date of final plat approval and the final balance not later than twelve (12) months from the date of final plat approval. No interest will be charged on the payments during the twelve (12) months. Payments on a per lot dwelling unit or acreage basis will be required when building permits are applied for that exceed the amount paid on the payment schedule for the units or acreage involved. Credit will be applied on future schedule payments when park fees are paid in advance at the time a building permit is applied for.
4. Twenty-Four Month Scheduled Payment Plan. Plats with park fees of $7,501.00 to $15,000.00 must pay at least one-third of the fee when the final plat is approved by the Council, and one-half of the balance no later than twelve (12) months from the date of final plat approval. No interest will be charged on the money due and paid during the first twelve (12) months. The final payment must be paid not later than twenty-four (24) months from the date of final plat approval by the Council, and interest at a rate set forth in the development contract shall be charged on the park fees due and paid after twelve (12) months. Payments on a per lot dwelling unit or acreage basis will be required when building permits are applied for that exceed the amount paid on the payment schedule for the units or acreage involved. Credit will be applied on future schedule payments when park fees are paid in advance at the time a building permit is applied for.
5. Thirty-Six Month Scheduled Payment Plan. Plats with park fees over $15,001.00 must pay at least one-third of the fee when the plat is approved by the Council. One-third of the balance must be paid not later than twelve months after the date of final plat approval by the Council. No interest will be charged during the first twelve months. Another third of the balance must be paid not later than twenty-four months after final plat approval, and interest will be charged on the entire unpaid balance at a rate as set forth in the development agreement on the plat or development. The final third of the balance must be paid not later than thirty-six months from the date of final plat approval, with interest as stated above. Payments on a per lot dwelling unit or acreage basis will be required when building permits are applied for that exceed the amount paid on the payment schedule for the units or acreage involved. Credit will be applied on future schedule payments when park fees are paid in advance at the time a building permit is applied for.
O. Cash contributions shall be deposited in the Park and Recreation Development Fund and shall only be used for park acquisition or development.
P. If a subdivider is unwilling or unable to make a commitment to the City as to the type of building that will be constructed on lots in the proposed plat, then the land and cash contribution requirement will be a reasonable amount as determined by the Council.
Q. Wetlands, ponding areas, easements, and drainageways accepted by the City shall not be considered in the park land and/or cash contribution to the City, except as follows: Where the City may desire to accept such an area for the construction of recreational facilities, but because of the natural condition of the land or the existence of an easement or other encumbrance the recreational development of the property is limited, the City may choose to accept said land dedication and grant a credit against the developer’s required land dedication equal to fifty percent (50%) of the area of the subject land.
- Source: Ordinance 32, Series V
- Effective Date: 03-29-01
Subd. 9. Minimum Design Features. The design features set forth in this Chapter 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.
Source: Ordinance No. 13.045
Effective Date: 5-24-85
SEC. 12.31. TRUNK SANITARY SEWER AND WATERMAIN FEES.
As a condition to subdivision plat approval, subdividers shall pay both a Trunk Sanitary Sewer Fee and a Trunk Watermain Fee to the City to fund the sanitary sewer and watermain improvements required by the proposed development. The City shall establish the trunk fees by resolution based on the subdivision’s acreage and shall periodically update the fees to account for changes in costs and revenues. The City shall incorporate these trunk fees into a development agreement with the subdivider.
- Ordinance Number 23, Series V
- Effective date: 04-08-99
SEC. 12.40. REQUIRED BASIC IMPROVEMENTS.
Subd. 1. General Provisions.
A. Before a final plat is delivered by the City, the subdivider of the land covered by said plat shall pay all applicable fees and execute and submit to the Council a developer’s agreement which shall be binding on his heirs, personal representatives and assigns.
B. Prior to the delivery of the approved final plat, the subdivider shall deposit with the City Treasurer an amount equal to a minimum of one hundred (100) percent of the City Engineer’s estimated cost of the required improvements within the plat, either in a cash escrow performance bond, or letter of credit. The surety shall be approved by the City. The cash escrow letter of credit or performance and indemnity bond shall be conditioned upon:
1. The making and installing of all of the improvements required by the terms and conditions set forth by the City within one (1) year unless an extension is granted by the Council.
2. Satisfactory completion of the work and payment therefor, which work was undertaken by the subdivider in accordance with the developer’s agreement referred to above.
3. The payment by the subdivider to the City of all expenses incurred by the City, which expenses shall include but not be limited to expenses for engineering, planning, fiscal, legal, construction and administration. In instances where a cash escrow is submitted in lieu of a letter of credit or performance and indemnity bond, there shall be a cash escrow agreement which shall provide that in the event the required improvements are not completed within one (1) year, all amounts held under the cash escrow agreement shall be automatically turned over and delivered to the City and applied by the City to the cost of completing the required improvements. If the funds available within said cash escrow agreement are not sufficient to complete the required improvements, the necessary additional cost to the City may be assessed against the subdivision. Any balance remaining in the cash escrow fund after such improvements have been made and all expenses therefor have been paid, shall be returned to the subdivider. In instances where a letter of credit is used in lieu of a cash escrow or performance and indemnity bond, the letter of credit shall be in a form satisfactory to the City and the terms thereof shall substantially comply with the procedure set forth for a cash escrow fund. In instances where a performance and indemnity bond is used in lieu of a cash escrow or letter of credit, the bond shall be in a form acceptable to the City and shall comply with all requirements as set forth in Minnesota Statutes, as amended, which statutes relate to surety bonds.
C. No final plat shall be approved by the Council without first receiving a report from the City Engineer that the improvements described therein together with the agreements and documents required under this Section, meet the requirements of the City. The City Administrator shall also certify that all fees required to be paid to the City in connection with the plat have been paid or that satisfactory arrangements have been made for payment.
D. The City shall, where appropriate, require of a subdivider submission of a warranty/maintenance bond in the amount equal to the original cost of the improvements, or an amount as may be determined by the City Engineer, which shall be in force for one (1) year following the final acceptance of any required improvements and shall guarantee satisfactory performance of the said improvements.
E. Reproducible “as-built drawings” as required by the City Engineer shall be furnished to the City by the subdivider of all required improvements. Such “as-built drawings” shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements.
F. All of the required improvements to be installed under the provisions of this Chapter shall be approved by and subject to the inspection of the City Engineer. All of the City’s expenses incurred as the result of the required improvements shall be paid either directly, indirectly or by reimbursement to the City by the subdivider.
Subd. 2. Monuments.
A. Official monuments, as designated and adopted by the Wright County Surveyor’s Office and approved by the Wright 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 closure angle to be indicated; all monuments and surveyor’s irons to be indicated, each angle point of the boundary perimeter to be so monumented.
B. Pipes or steel rods shall be placed at each lot. 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 shall be permitted in indicating dimensions.
C. To insure 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 Zoning Chapter of the City Code, as may be amended.
Subd. 3. Street Improvements.
A. The full width of the right-of-way shall be graded in accordance with the provisions for construction as outlined in Section 12.30 of this Chapter.
B. All streets shall be improved in accordance with the standards and specifications for street construction as required by the Council.
C. All streets to be surfaced shall be of an overall width in accordance with the standards and specifications for construction as approved by the Council. The portion of the right‑of‑way outside the area surfaced shall be sodded or riprapped by the developer if deemed necessary.
D. Where required, the curb and gutter shall be constructed in accordance to the standards and specifications for street construction as set forth and approved by the Council.
E. The grade and drainage requirements for each plat shall be approved by the City Engineer at the expense of the applicant. Every plat presented for final signature shall be accompanied by a certificate of the City Engineer that the grade and drainage requirements have been met. In an area not having municipal storm sewer trunk the applicant shall be responsible, before platting, to provide a storm water disposal plan, without damage to properties outside the platted area, and said storm water disposal plan shall be submitted to the City Engineer, who shall report to the Council on the feasibility of the plan presented. No plat shall be approved before an adequate storm water disposal plan is presented and approved by the City Engineer and Council. The use of dry wells for the purpose of storm water disposal is prohibited.
F. Trees and boulevard sodding shall be planted in conformance with the standards and specifications as required by the Council.
G. Street signs of the design approved by the Council shall be installed at each street intersection.
H. Driveway approaches shall be installed, as required by the Council. Sidewalks shall be installed along both sides of all streets in the subdivision, in accordance with the standards and specifications for construction as approved by the Council. Bicycle and pedestrian pathways shall be installed along all
collector streets, or as required by the council, and generally in conformance with the City’s Parks & Trail Master Plan.
Source: Ordinance 3, Series V Effective Date: 08-29-96
I. Street lighting fixtures as may be required by the Council shall be installed.
Subd. 4. Sanitary Sewer and Water Distribution Improvements.
A. Sanitary sewers and water facilities shall be installed in accordance with the standards and specifications as required by the Council and subject to the approval of the City Engineer.
B. Where City sewer and water facilities are not available for extension into proposed subdivision, the Council may permit the use of individual water and sewer systems in accordance with all appropriate State and local regulations.
Subd. 5. Public Utilities. Telephone, electric and/or gas service lines are to be placed underground in accordance with all applicable City Code provisions.
Subd. 6. Election by City to Install Improvements. It is the subdivider’s responsibility to install all required improvements except that the City reserves the right to elect to install all or any part of the improvements required under the provisions of this Chapter pursuant to Minnesota Statutes, Chapter 429, as amended. If the City elects to install the improvements the developer shall post a cash escrow or letter of credit guaranteeing payment of the assessments.
Subd. 7. Railroad Crossings. No street dedications will be accepted which require a crossing of a railroad unless sufficient land as determined by the Council is dedicated to insure a safe view.
Source: Ordinance No. 13.045
Effective Date: 5-24-85
SEC. 12.50. ADMINISTRATION AND ENFORCEMENT.
Subd. 1. Nonplatted Subdivisions.
A. Certificate of Survey. All certificates of survey in the City shall be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this Chapter for preliminary plats and the Planning Commission shall first approve the arrangement, sizes and relationships of proposed tracts in such certificate of surveys, and tracts to be used as easements or roads should be so dedicated. Unless a recommendation and approval have been obtained from the Planning Commission and Council, respectively, in accordance with the standards set forth in this Chapter, building permits will be withheld for buildings on tracts which have been so subdivided by certificate of 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.
B. Conveyance by Metes and Bounds. No division of one or more parcels in which the land conveyed is described by metes and bounds shall be made or recorded if the parcels described in the conveyance are five (5) acres or less in area and three hundred (300) feet or less in width unless such parcel was a separate parcel of record at the effective date hereof. 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.
Subd. 2. Variances, Planning Commission Recommendations, Standards.
A. Findings. The Planning Commission may recommend a variance from the minimum standards of this Chapter (not procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds:
1. That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of his land.
2. That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated.
3. That the variance is to correct inequities resulting from an extreme physical hardship such as topography, etc.
4. After considerations of the Planning Commission recommendations, the Council may grant variances, subject to Items 1, 2 and 3 immediately above.
1. Requests for a variance or appeal shall be filed with the City Administrator on an official application form. Such application shall be accompanied by a fee as established by Council resolution. Such application shall also be accompanied by five (5) copies of detailed written and graphic materials necessary for the explanation of the request.
2. Upon receiving said application, the City Administrator shall refer the application, along with all related information, to the Planning Commission for a report and recommendation to the Council.
3. The Planning Commission shall consider the variance at its next regular meeting unless the filing date falls within fifteen (15) days of said meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The City Administrator shall refer said application, along with all related information, to the Planning Commission for consideration and a report and recommendation to the Council.
4. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed variance request.
5. The variance application shall be referred to the City staff for a report and recommendation to be presented to the Commission.
6. The Planning Commission and City staff shall have authority to request additional information from the applicant concerning the variance or to retain expert testimony with the consent and at the expense of the applicant concerning said variance where said information is declared necessary to insure preservation of health, safety and general welfare.
7. The Planning Commission shall request the City Administrator to set a date for a public hearing. Notice of such hearing shall be published in the official newspaper at least ten (10) days prior to said hearing, and individual notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within three hundred fifty (350) feet of the parcel included in the request.
8. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Chapter.
9. The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as it may deem necessary to carry out the intent and purpose of this Chapter.
10. The Council shall not grant a variance until it has received a report and recommendation from the Planning Commission and the City staff or until sixty (60) days after the first regular Planning Commission meeting at which the request was considered.
11. Upon receiving the report and recommendation of the Planning Commission and City staff, the Council shall place the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the Council meeting.
12. Upon receiving the report and recommendation of the Planning Commission and City staff, the Council shall make a recorded finding of fact and impose any condition it considers necessary to protect the public health, safety and welfare.
13. The Council shall decide whether to approve or deny a request for a variance or an appeal within thirty (30) days after the public hearing on said request.
14. A variance of this Chapter or grant of an appeal shall be by four-fifths (4/5) vote of the full Council.
SEC. 12.51. UNLAWFUL ACTS.
Subd. 1. Sale of Lots From Unrecorded Plats. It is unlawful for any person 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 said plan, plat or replat shall have first been recorded in the office of the Recorder of Wright County.
Subd. 2. Receiving or Recording Unapproved Plats. It is unlawful for any person to receive or record in any public office any plans, 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 Council.
Subd. 3. Misrepresentations. It is unlawful for any person owning an addition or subdivision of land within the City to represent that any improvement upon any of the street, alleys or avenues of said addition or subdivision or any sewer in said addition or subdivision has been constructed according to the plans and specifications approved by the Council, or has been supervised or inspected by the City, when such improvements have not been so constructed, supervised or inspected.
SEC. 12.52. CONTINUING VIOLATION. Each month during which any person continues in violation of this Chapter shall constitute a separate offense.
Source: Ordinance No. 13.045
Effective Date: 5-24-85
SEC. 12.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
Source: Ordinance No. 13.045
Effective Date: 5-24-85