151. PLANNING AND ZONING (Subdivision Code 151.250 - 151.290)
Subdivision Code
151.250 Title
151.251 Purpose
151.252 Jurisdiction
151.253 Platting authority
151.254 Administration
151.255 Amendments
151.256 Conditions for recording
151.257 Policy
151.258 Applicability
151.259 Severability
151.260 Supremacy
151.261 Definitions
151.262 Compliance with official controls
151.263 Fees
151.264 Building permits
151.265 Premature subdivisions
151.266 Denial of plat
151.267 Registered land surveys
151.268 Metes and bounds
151.269 Interim Residential Zoning District requirements
151.270 Planned unit developments
151.271 Sketch plan
151.272 Information required for sketch plan
151.273 Filing and review of sketch plan
151.274 Determination of environmental review requirements
151.275 Preliminary plat
151.276 Final plat
151.277 Conformity with the Comprehensive Plan and Zoning Code
151.278 Land requirements
151.279 Blocks
151.280 Lots
151.281 Street layouts
151.282 Easements
151.283 Sewer and water utilities
151.284 Stormwater management
151.285 Erosion and sediment control
151.286 Protected areas
151.287 Signs
151.288 Public sites and open spaces; park land dedication
151.289 Required public improvements
151.290 STANDARDS FOR TINY HOUSE DEVELOPMENTS (THD)
151.291 Violations
151.292 Injunction
SUBDIVISION CODE
§ 151.250 TITLE.
This subchapter shall be known and may be cited as the “Subdivision Code” and its provisions shall apply to all lands to be subdivided within the municipal limits as they exist on the date the city adopts this subchapter, or within the limits as they may be extended in the future. Hereafter this subchapter shall be referred to as the “Subdivision Code.”
(Prior Code, § 613.01)
§ 151.251 PURPOSE.
(A) The City Council being aware of the responsibility which they have for the adoption of chapters, rules, and regulations designed for the protection of health, safety, and general welfare of this community deems it necessary to provide regulations for platting and subdividing of property within the city.
(B) Each new subdivision shall become a permanent neighborhood in the community. Piecemeal planning of the subdivisions, without correlation to the Comprehensive Plan, can bring a disconnected patchwork of plats, poor circulation, and an undesirable atmosphere.
(C) In order that new subdivisions will contribute toward an attractive, orderly, stable, and wholesome community environment, adequate municipal services and efficient movement of traffic, all subdivisions platted within the jurisdiction of the city after the adoption of this subchapter shall, in all respects, fully comply with the regulations set forth in this subchapter.
(Prior Code, § 613.02)
§ 151.252 JURISDICTION.
The provisions of this subchapter shall apply to all lands within the incorporated boundaries of the city.
(Prior Code, § 613.03)
§ 151.253 PLATTING AUTHORITY.
The City Council shall serve as the platting authority of the incorporated areas of the city in accordance with M.S. § 462.358, as it may be amended from time to time, and does hereby order that all subdivisions here after planned within the limits of the city shall, in all respects, fully comply with the regulations hereinafter set forth. No plat or replat shall be filed or accepted for filing by the office of the County Property Records and Licensing unless adopted by the affirmative vote of the majority of the members of the City Council approving the plat or replat.
(Prior Code, § 613.04)
§ 151.254 ADMINISTRATION.
This subchapter shall be administered by the City Council.
(Prior Code, § 613.05)
§ 151.255 AMENDMENTS.
The provisions of this subchapter may be amended by a majority vote of the City Council following a legally advertised public hearing before the Planning and Zoning Commission and in accordance with the law, including the rules and regulations of any applicable state or federal agency.
(Prior Code, § 613.06)
§ 151.256 CONDITIONS FOR RECORDING.
No plat or subdivision shall be entitled to be recorded in the office of the County Property Records and Licensing or have any validity until the plat thereof has been prepared, approved, and acknowledged in the manner prescribed by this subchapter.
(Prior Code, § 613.07)
§ 151.257 POLICY.
(A) It is hereby declared to be the policy of the city to consider the subdivision of land and the subsequent development of the plat as subject to the control of the city to the Comprehensive Plan for the orderly, planned, efficient, and economical development of the subchapter.
(B) Land to be subdivided shall be of such character that it can be used safely for proposed building without danger to health from fire, flood, or other menace. Land shall not be subdivided unless proper provisions have been made for drainage, stormwater management, wetland protection, potable water, domestic waste water, streets, and capital improvements such as parks, trails, recreation facilities, stormwater improvements, and any other necessary improvements.
(C) The existing and proposed public improvements shall conform to and be properly related to the Comprehensive Plan and Capital Improvement Plan.
(D) The provisions of this subchapter are in addition to and not in replacement of provisions of all Building Codes and the Planning and Zoning Codes. Any provision of the Building Code and Planning and Zoning Codes shall remain in full force and effect except as may be contradictory to the provisions hereof. Where any provision conflicts with any other provision, the more restrictive provision shall be applied.
(E) (1) No land lying within a floodplain, as defined by Official Soil Maps prepared by the Soil Conservation Service, U.S. Department of Agriculture, and which is hereby made a part of this subchapter, shall be subdivided if determined to be unsuitable for its intended use by the City Council by reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, susceptibility to mudslides or earth slides, severe erosion potential, unfavorable topography, inadequate water or sewage disposal capabilities, or any other feature harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the city.
(2) However, the City Council may approve preliminary and final plats within floodplain areas if the subdivider improves or agrees to improve the land through fill or other techniques to provide building sites free from flooding as approved by the Soil Conservation Service, designs roads to provide safe access during times of flood, and locates or designs public utilities and facilities, such as sewer, gas, electrical, and water systems, to provide protection from the flooding and undertakes other measures to overcome development limitations and thereby render the land suitable for its intended use.
(Prior Code, § 613.08)
§ 151.258 APPLICABILITY.
The language contained in this subchapter shall be interpreted in accordance with the following rules of construction as applicable.
(A) The singular includes the plural and the plural the singular.
(B) The present includes the past and future tenses, and the future tense includes the present tense.
(C) The masculine gender includes the feminine and neuter genders.
(D) Whenever a word or term defined hereinafter appears in this subchapter, its meaning shall be construed as set forth in the definition.
(E) In the event of conflicting provisions, the more restrictive shall apply.
(F) The word “shall” is always mandatory and not discretionary.
(G) In their interpretation and application, the provisions of this subchapter shall be held to be the minimum requirement for the promotion of health, safety, and welfare.
(Prior Code, § 613.09)
§ 151.259 SEVERABILITY.
Every section, provision, or part of this subchapter or any permit issued pursuant to this subchapter is declared separable from every other section, provision, or part thereof to the extent that if any section, division, or part of this subchapter or any permit issued pursuant to this subchapter shall be held invalid by a court of competent jurisdiction or the court shall judge invalid the application of any provision of this subchapter to a particular property, building, or structure, the judgment shall not affect other properties, buildings, or structures.
(Prior Code, § 613.10)
§ 151.260 SUPREMACY.
This subchapter is not intended to abrogate any easements, restrictions, or covenants relating to the use of land within the city by private declaration or agreement, but where the provisions of this subchapter are more restrictive than any such easement, restriction, or covenant, or the provision of any private agreement, the provisions of this subchapter shall prevail.
(Prior Code, § 613.11)
§ 151.261 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE SUBDIVISION. Any subdivision containing not more than three lots fronting on an existing public street, not involving the dedication and/or construction of any new street or road, the extension of municipal facilities, or the creation of any public improvements.
ALLEY. A public right‑of‑way which affords a secondary means of access to abutting property.
APPLICANT. The owner, his or her agent, or the person having legal control in land for which the provisions of this subchapter are being considered or reviewed.
ATTORNEY. The City Attorney.
BEST MANAGEMENT PRACTICES (BMP). As described in current State Pollution Control Agency’s Manual and other sources for stormwater management as approved by the city.
BLOCK. The property abutting on one side of a street and lying between the two nearest intersections or intercepting streets or railroad right‑of‑way or unsubdivided acreage.
BOULEVARD. The portion of the street right‑of‑way between the curb line or edge of pavement and the property line.
BOUNDARY LINES. Lines indicating the bounds or limits of any tract or parcel of land.
BUFFER STRIP. A linear strip of land along a lake, wetland, river, creek, or stormwater ponding area where vegetation is established and maintained as a means to slow the velocity of stormwater drainage and to filter sediment and pollutants from the stormwater.
BUFFER YARD. A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts.
BUILD OUT PLAN (GHOST PLAT). A subdivision or resubdivision concept plan illustrating possible future lot layout, street networks, and utility systems for oversized lots, outlots, or undeveloped land within or adjoining a preliminary plat.
BUILDABLE LAND. Contiguous land area occurring within the property lines of a parcel of lot excluding drainage ways, wetlands, floodplain, watercourses, park land, road right‑of‑ways, and slopes in excess of 18%.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING LINE. Also referred to as a SETBACK LINE, the line beyond which property owners or others have no legal or vested right to extend a building or any part thereof without special permission and approval of the proper authorities.
CAPITAL IMPROVEMENT PLAN. An itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, together with their estimated cost, the justification for each improvement, the impact that the improvements will have on the current operating expense of the government, and such other information on capital improvements as may be pertinent.
CERTIFICATE OF SURVEY. A land survey prepared by a land survey or registered in the state with a certification that the information on the land survey is accurate.
CITY COUNCIL. The City Council.
COMMON OPEN SPACE. Any open space including private parks, nature areas, playgrounds, trails, and recreational buildings and structures owned in common by a group of property owners.
COMPREHENSIVE PLAN. The city’s Land Use Plan and other maps and statements of policy for development of the city.
CONDOMINIUM.
(1) A form of individual ownership within a multi‑unit building with joint responsibility for maintenance and repairs.
(2) In a CONDOMINIUM, each unit is under separate ownership, along with an undivided share of common buildings and land.
CONSERVATION DEVELOPMENT. The development pattern and technique whereby lots are arranged in closely related groups to preserve the natural amenities of the land through the creation of common open space.
COST REIMBURSEMENT AND SECURITY AGREEMENT. An agreement between a developer and the city to reimburse the city for staff and professional costs incurred relative to the proposed development prior to the execution of the development agreement.
CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points of equal elevations. Contour interval is the vertical height between contour lines.
DESIGN STANDARDS. The specifications for the preparation of sketch plans, preliminary plats, and final plats indicating, among other things, the optimum minimum or maximum dimensions of such features as rights‑of‑way and blocks as set forth in this section.
DEVELOPER. A person who submits an application for the purpose of land subdivision as defined herein. The DEVELOPER may be the owner or authorized agent of the owner of the land to be subdivided.
DEVELOPMENT AGREEMENT. A contract between the developer and city containing obligations of each party relative to completion of proposed subdivision improvements.
DRAINAGE WAY.
(1) Any natural, altered, or artificial watercourse which has definable beds and banks capable of conducting confined runoff from adjacent lands.
(2) A natural watercourse has not been affected by human‑made changes in straightening, deepening, narrowing, or widening the original channel. Natural watercourse beds which are not clearly defined shall be delineated to include that area which would be inundated by runoff resulting from a 24-hour rainfall having a recurrence interval of once in ten years.
(3) An altered watercourse is one which has been affected by human‑made changes in straightening, deepening, narrowing, or widening the original channel.
(4) (a) An artificial watercourse is one which has been artificially constructed by humans where there was no previous natural watercourse.
(b) The limits of the watercourse bed are confined to that area, which would be inundated by runoff resulting from a 24-hour rainfall having a recurrence interval of one in ten years.
EASEMENT. A grant by a property owner for the use of a strip of land by the general public, a corporation, or a certain person or persons, for a specific purpose or purposes.
ENGINEER. An engineer employed by the city.
ESCROW. The deposit of funds into an account maintained by the governmental unit specifically for the purpose of ensuring fulfillment of certain obligations pursuant to this subchapter.
FINANCIAL GUARANTEE. A financial security consistent with this subchapter, posted with the city with the approval of a final plat, guaranteeing compliance with the approved final plat, construction plans, and conditions of approval set forth by the city.
FLOODPLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by a regional flood.
FRONTAGE. The width of a lot or building site measured on the line separating it from a public street right‑of‑way.
GRADE, PERCENTAGE OF. The rise or fall of a street in feet and tenths of a foot for each 100 feet of horizontal distance measured at the center line of the street.
HIGH WATER LEVEL. The water level in a watercourse which could be predicted to occur as a result of the critical 100-year runoff event using U.S. Department of Agriculture Soul Conservation Service methodology, as approved by the city.
IMPROVEMENT, PUBLIC. Any drainage facility, street, parkway, park, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which city responsibility is established.
LAND DISTURBANCE. Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the natural character of the land occurs as a result of the site preparation, grading, building construction, or any other construction activity.
LOT. A portion of a subdivision or other parcel of land intended for building development or for transfer of ownership under a single legal description and single tax parcel identification number.
LOT, CORNER. A lot or lots within a plat and situated at the corners thereof so that they are bounded on two sides by streets. This term applies to any lot within the plat at street intersections and bounded on two sides by streets.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE. A property line forming the perimeter of a lot, except that where any portion of a lot extends into the public right‑of‑way, the LOT LINE shall be deemed to be the boundary of the public right‑of‑way.
LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at the front building setback line and, if applicable, at the setback line from the ordinary high water level of a lake or tributary.
METES AND BOUNDS. A method of property description, by means of their direction and distance from an identifiable point of beginning.
OFFICIAL MAP. A map of the city which shows the exact alignments, gradients, dimensions, and other pertinent data for highways and major streets and including specific controls for setbacks from the right-of-way of buildings or other physical structures or facilities.
OUTLOT. A parcel of land shown on a subdivision plat as an outlot, and identified alphanumerically. OUTLOTS are used to designate one of the following: land that is part of the subdivision but is to be subdivided into lots and blocks at a later date; land that is to be used for a specific purpose as designated in a developer’s agreement or other agreement between the city and the developer.
OWNER. Any individual, firm, association, partnership, corporation, trust, or any other legal entity having proprietary interest in the land.
PEDESTRIAN AND/OR BICYCLE TRAIL. An easement or land dedication given to the city for the purpose of providing public walking and/or bicycling trail to city residents. The TRAILS shall provide recreational opportunity and also access to parks, natural areas, and public land.
PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission of the city.
PLANNING DEPARTMENT. County Consolidated Planning Department.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. Ch. 505, as it may be amended from time to time; containing pertinent survey data and showing of land divided into units identified as lots and blocks.
PLAT, FINAL. The final map or drawing, consistent with the standards of § 151.276, on which the developer’s plan or subdivision is presented to the City Council for approval and which, if approved, will be submitted to the County Office of Property Records and Licensing.
PLAT, PRELIMINARY. The preliminary map or drawing, consistent with the standards of this subchapter, indicating the proposed layout of the subdivision to be submitted to the city for its consideration for compliance with the Comprehensive Plan, the Zoning Code, and these regulations along with required supporting data.
PROTECTIVE COVENANT. A restriction of the use placed upon the property by a present or former owner and recorded in the office of the County Property Records and Licensing. The city will not be responsible to enforce private protective covenants.
REGISTERED LAND SURVEY. A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of registered land survey number.
REGISTERED LAND SURVEYOR. A land surveyor licensed and registered in the state.
RIGHT‑OF‑WAY. A strip of land occupied or intended to be occupied by a street, railroad, electric transmission line, oil or gas pipeline, water main, or another special use. The usage of the term RIGHT‑OF‑WAY for land platting purposes shall mean that every RIGHT‑OF‑WAY hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining the RIGHT‑OF‑WAY and not included within the dimensions or areas of the lots or parcels. A RIGHT‑OF‑WAY intended for street, water main, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the recording of the plat on which the RIGHT‑OF‑WAY is established.
RIGHT‑OF‑WAY WIDTH. The horizontal distance between the outside edges of a right‑of‑way.
SETBACK. The minimum horizontal distance between a structure, individual sewage treatment system, or other facility, and an ordinary high water level, sewage treatment system, top of bluff, street, highway, property line, or other facility.
SHORELAND.
(1) Land located within the following distances from public waters:
(a) One thousand feet from the ordinary high water level of a lake, pond, or flowage; and
(b) Three hundred feet from a river or stream or the landward extent of a floodplain designated within the Floodplain Management District established by the Zoning Code on a river or stream, whichever is greater.
(2) The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved the Commissioner of Natural Resources.
STREET.
(1) A right‑of‑way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a STREET, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, court, way, trail, or however otherwise designated.
(2) Private, ingress and egress easements shall not be considered to be a STREET. City STREETS shall be categorized by functional classification as defined by the Comprehensive Plan.
STREET, CUL‑DE‑SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
STREET, PRIVATE. A street which is not maintained by the city and for which the city is not under obligation to carry out repairs, even though it may be a named street and serve a number of properties.
STREET WIDTH. The width of the improved surface of the street as measured at right angles or radially to the center line of the street from curb face to curb face, or on a street without curbs from the outside edge of the improved shoulder to outside edge of improved shoulder.
SUBDIVISION. The creation of more than one lot under the provisions of this subchapter or any division of an existing lot. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
VEGETATION, NATIVE. The presettlement group of plant species native to the local region that were not introduced as a result of settlement or subsequent human activity.
WATERCOURSES.
(1) Any natural or human‑made passageway on the surface of the earth so situated and having such a topographical nature that surface water stands or flows through it from other areas.
(2) The term includes ponding areas, drainage channels, swales, waterways, creeks, rivers, lakes, streams, wetland areas, and any other open surface water flow which is the result of stormwater or ground water discharge. This term does not include human‑made piping systems commonly referred to as storm sewers.
ZONING ADMINISTRATOR. The person duly appointed by the City Council as the individual charged with the responsibility of administering and enforcing this subchapter.
ZONING CODE. The Zoning Code, as may be amended, regulating the use of land within the incorporated boundaries of the city.
(Prior Code, § 613.12)
§ 151.262 COMPLIANCE WITH OFFICIAL CONTROLS.
No subdivision of land shall conflict with the provisions of the Comprehensive Plan, this code of ordinances, including the Zoning Code, and official maps.
(Prior Code, § 613.13)
§ 151.263 FEES.
The fees for all applications and for all permits shall be established from time to time by resolution of the City Council. The acceptance of all applications, issuance of permits, or recording of any plat shall not occur until a complete application has been filed and the appropriate fees have been paid.
(Prior Code, § 613.14)
§ 151.264 BUILDING PERMITS.
No building permit shall be issued by the city for any construction, enlargement, alteration, repair, demolition, or moving of any building or structure on any lot or parcel until all the requirements of this subchapter have been fully met or exceptions from this requirement have been formally established by a development agreement.
(A) Prior to issuance of any building permit on any lot within a subdivision, the city shall have received a site survey showing proposed grading, drainage, and building plan elevations along with a certification by a registered land surveyor or engineer that the survey is in compliance with the approved subdivision record plans for grading, drainage, stormwater, and erosion control. Residential lots within subdivisions platted prior to January 1, 2008 are exempt from this requirement.
(B) Prior to the issuance of any certificate of occupancy for any lot within the subdivision, the city shall receive a written certification from a registered land surveyor or registered engineer which states that the grading, drainage, and building pad elevations are in compliance with the final certified grading plan for the subdivision. Residential lots within subdivisions platted prior to January 1, 2008 are exempt from this requirement.
(C) Excepting approved model homes, building permits shall not be issued for any new subdivision until such a time as the first lift of bituminous pavement has been installed on streets within the subdivision and has been accepted by the city.
(Prior Code, § 613.15)
§ 151.265 PREMATURE SUBDIVISIONS.
Any sketch plan, preliminary plat, final plat deemed premature pursuant to the following criteria shall be denied by the City Council.
(A) Conditions. A subdivision may be deemed premature should any of the following conditions be present:
(1) General inconsistency. Inconsistent with the Comprehensive Plan;
(2) Inconsistent with growth policies. A proposed urban subdivision shall meet the city’s in-fill policies:
(a) The urban subdivision must be located within the staged growth area as established by the Comprehensive Plan.
(b) The cost of utilities and street extensions must be covered by one or more of the following and approved by the City Council:
1. An immediate assessment to the proposed subdivision;
2. One hundred percent of the street and utility costs are privately financed by the developer; and
3. The cost of regional and/or oversized truck utility lines are financed by the developer.
(3) Inadequate streets or highways serving the subdivision. A proposed subdivision shall have adequate street or highways when:
(a) Traffic generated by a proposed subdivision will not degrade the level of service outside of the proposed subdivision to a level worse than the existing level of service;
(b) Driveway access to a county road must be approved by the County Engineer;
(c) Existing roads providing access to the subdivision have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer agrees to pay for any structural deficiency corrections; and
(d) The traffic generated from a proposed subdivision shall not require city street improvements that are inconsistent with the city’s Capital Improvement Plan/Comprehensive Development Plan or the developer agrees to pay for any structural deficiency corrections.
(4) Inadequate water supply. A proposed subdivision shall be deemed to have an adequate water supply when:
(a) The proposed private development water supply system has adequate wells, storage, and/or pipe capacity to serve the subdivision;
(b) The proposed private development water distribution system shall meet the requirements set forth in the latest addition of the “Recommended Standard For Water Works” as published by the Great Lakes‑Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers for traditional municipal water distribution systems that also provide fire protection and can be feasibly converted to a traditional municipal water distribution system;
(c) A future water utility extension to serve the subdivision with municipal water is feasible and would provide adequate water pressure for personal use and fire protection; and
(d) Adequate well head protection measures have been implemented for all abandoned wells.
(5) Waste disposal systems. A proposed subdivision shall be deemed to have adequate waste disposal systems when:
(a) The proposed private development waste water treatment system meets all permitting requirements from the governing agency (county or the MPCA);
(b) The proposed private development wastewater collection system shall meet the requirements set forth in the latest addition of the “Recommended Standard for Wastewater Facilities” as published by the Great Lakes‑Upper Mississippi River Board of State Public Health and Environmental Managers for traditional wastewater collection systems and can feasibly be converted to a traditional wastewater collection system; and
(c) A future sanitary sewer main (gravity flow or force main) can be feasibly extended to intercept and convey sewer flows for treatment as part of a traditional municipal wastewater treatment system.
(6) Inadequate drainage. A condition of adequate drainage shall be deemed to exist if:
(a) Surface or subsurface water retention and runoff is adequate so as not to constitute a danger to the structural security of existing or proposed structures.
(b) The proposed subdivision will not cause pollution of water sources or damage from erosion and silt on downhill or downstream land.
(c) The proposed site grading and development will not cause harmful and irreparable damage from erosion and silt on downhill or downstream land.
(d) Factors to be considered in making these determinations may include: average rainfall for the area; the relation of the land to floodplains; the nature of soils and sub‑soils and their ability to adequately support surface water runoff and waste disposal systems; the slope of the land and its effect of effluents; and the presence of streams as related to effluent disposal.
(B) Burden of establishing. The burden shall be upon the applicant to show that the proposed subdivision is not premature.
(Prior Code, § 613.16)
§ 151.266 DENIAL OF PLAT.
The Planning Commission may recommend denial and the City Council may deny the subdivision if it makes any one or more of the following findings:
(A) The proposed subdivision is in conflict with adopted applicable general and specific comprehensive plans of the city;
(B) The physical characteristics of this site, including but not limited to topography, percolation rate, soil conditions, susceptibility to erosion and silt, susceptibility to flooding, water storage, drainage, and retention, are such that the site is not suitable for the type of development, design, or use contemplated;
(C) The site is not physically suitable for the proposed density of development;
(D) The design of the subdivision or proposed improvements is likely to cause environmental damage;
(E) The design of the subdivision or the type of improvements is likely to cause public health problems;
(F) The design of the subdivision or the type of improvements will conflict with easements of record or with easements established by judgment of a court;
(G) The proposed subdivision, its site, or its design adversely affects the flood‑carrying capacity of the floodway, increases flood stages and velocities, or increases flood hazards within the floodway fringe or within other areas of the city;
(H) The proposed subdivision is inconsistent with the policies and standards of the city and state defined shoreland, floodplain, and wetland regulations;
(I) The City Council deems the subdivision to be premature;
(J) The design of the subdivision does not conform to minimum city development standards; and
(K) The time period for review of the plat has reached expiration without resolution of design features or conformance with city development regulations that would allow for city approval.
(Prior Code, § 613.17)
§ 151.267 REGISTERED LAND SURVEYS.
All registered land surveys shall be filed subject to the same procedures as required for the filing of a preliminary plat for platting purposes. The standards and requirements set forth in these regulations shall apply to all registered land surveys. Unless the City Council approves, a registered land survey shall not be used to divide a parcel of land into lots for the purpose of transfer of ownership or building development, if any of the tracts do not have the required frontage on a dedicated public street. Tracts that have been subdivided by registered land survey which has not been approved by the City Council may be denied building permits and the city may refuse to accept proposed rights-of-way as streets for improvement, maintenance, and repair.
(Prior Code, § 613.18) Penalty, see § 10.99
§ 151.268 METES AND BOUNDS.
(A) Except as allowed by the City Council, conveyances by metes and bounds shall be prohibited except as allowed by M.S. § 462.358, subd. 4(b), as it may be amended from time to time.
(B) When a conveyance by metes and bounds is made, a survey of the parcels involved shall be submitted to the Zoning Administrator and a copy of the survey shall be attached to the deed when it is submitted to the county’s Office of Property Records and Licensing for recording.
(C) Parcels that have been subdivided by metes and bounds not approved by the City Council may be denied building permits and the city may refuse to accept proposed rights-of-way as streets for improvement, maintenance, and repair.
(Prior Code, § 613.19)
§ 151.269 INTERIM RESIDENTIAL ZONING DISTRICT REQUIREMENTS.
The zoning requirements for parcels zoned Interim Residential Zoning District can be found in § 151.283(E). Subdivisions to be developed on parcels zoned Interim Residential shall conform to the requirements set forth within this subchapter.
(Prior Code, § 613.20)
§ 151.270 PLANNED UNIT DEVELOPMENTS.
(A) (1) In recognition of changing trends, techniques, and materials in the process of urban development, the City Council and Planning and Zoning Commission shall provide flexible means to permit development in terms of planned unit development. A planned unit development shall be considered as conditional use and may involve mixed development of a single parcel based upon the land uses allowed in the Comprehensive Plan.
(2) The PUD shall be reviewed and adjudged in accordance with an integrated design and coordinated physical development which shall provide for and ensure high standards of development. Each application for PUD shall be considered as an individual case and shall be reviewed in terms of its land use, circulation and traffic patterns, population and marketability, construction design, and timing. Of greatest concern shall be the PUD’s relationship to the general public health, safety, convenience, and welfare.
(3) A conditional use to allow PUD construction shall be granted only if:
(a) The PUD is designed to be in harmony with the natural features of the landscape. Steep slopes, wetlands, and natural features are to be preserved to the maximum extent possible. No disruption of the natural drainage system shall occur;
(b) Any PUD flexibility granted shall not violate the intent of the subdivision design standards; and
(c) Utility lines such as power transmission and telephone lines shall be placed under ground.
(B) The provisions of this section shall apply only to those subdivisions classified as administrative subdivisions.
(1) Qualification. The following shall be considered administrative subdivisions:
(a) Lot boundary adjustment. Divisions of land where the division is to permit the adding of a parcel of land to an abutting lot or the combination of recorded lots to form no more than two lots. Newly created lots shall conform to the design and performance standards of this chapter.
(b) Lot split. The simple division of a single parcel, tract, or lot to create no more than two lots and the newly created property line will not cause the remaining portion of the lot or any structure to be in violation with this chapter.
(c) Base lot subdivision. In the case of a request to divide a base lot upon which a two-family dwelling, quadraminium, or townhouse which is a part of a recorded plat where the division is to permit individual private ownership of a single dwelling unit within such a structure and the newly created property lines will not cause any of the unit lots or the structure to be in violation of this chapter.
(2) Information required.
(a) Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure on such proposed subdivision shall be granted, the owner or her or his agent shall file an application and secure approval of an administrative subdivision. The administrative subdivision application shall be considered to be officially filed when the Zoning Administrator has received the application and has determined that the application is complete. Administrative subdivisions shall consist of maps and accompanying written documents.
(b) An owner of applicant shall submit 12 large scale copies (one inch equals 100 feet or less), one reduced scale copy (11 inches by 17 inches), and one electronic copy of detailed graphic materials to include a certificate of survey, prepared by licensed land surveyors, identifying the following:
1. Scale (engineering only), one inch equals 100 feet or less;
2. Name and address, including phone number, of legal owner and/or agent of property;
3. North point indication;
4. Existing boundaries of parcel to be platted with dimensions and area and proposed new property lines with dimensions noted;
5. Existing legal description/proposed legal description of new lots;
6. Easements of record;
7. Delineated wetland boundary, to include the ordinary high water lever (OHWL) of any lakes or Department of Natural Resources (DNR) water, 100-year flood elevations;
8. All encroachments, easements, or rights‑of‑way encumbering the property;
9. Existing buildings, structures, and improvements within the parcel to be platted and those 100 feet outside the boundaries of the subject parcel;
10. Locations, widths, and names of all public streets, rights‑of‑way, or railroad rights‑of‑way showing type, width, and condition of the improvements, if any, which pass through and/or are within 100 feet;
11. Proposed driveway locations and locations of existing driveways on the same side of the road;
12. Location of any existing tile lines, abandoned wells, drainage ways, waterways, watercourses, lakes, and wetlands; and
13. Additional preliminary plat data requirements determined appropriate by the Zoning Administrator.
(3) Filing and review of application.
(a) The applicant shall file an administrative subdivision application with all required information and accompanying fee with a schedule established by the city.
(b) Upon receipt of an application, the Zoning Administrator shall refer copies of the complete administrative subdivision application to city staff and consultants for review and the preparation of a report.
(c) The Zoning Administrator shall have the authority to request additional information pertinent to the administrative subdivision. Failure to provide the necessary supportive information may be grounds for denial of the request.
(d) The City Council shall reach a decision on the requested administrative subdivision within 120 days of complete application, unless the applicant agrees to an extension of the review period. The Council may approve the administrative subdivision with the conditions that must be met to ensure the administrative subdivision is compliant with the regulations of this subchapter, as it may be amended, and other applicable requirements. The Council shall prepare findings and deny a subdivision if the administrative subdivision is found to be premature as defined by criteria in this chapter or fails to comply with regulations of this chapter, as may be amended, or other applicable requirements.
(e) The applicant may appeal a denial of an administrative subdivision in accordance to the procedures outlined in the Zoning Code.
(4) Recording. If the administrative subdivision is approved by the City Council, the applicant shall record the deed and the accompanying survey at the County Recorder’s office within 90 days after the date of approval, and provide a copy of the filing to the City Clerk/Treasurer’s office; otherwise the approval of the administrative subdivision shall be considered void.
(Prior Code, § 613.21) Penalty, see § 10.99
§ 151.271 SKETCH PLAN.
(A) While not mandatory, it is suggested that developers prepare a sketch plan depicting the subdivision proposal for informal review prior to filing a formal application. A sketch plan is required with all annexation petitions. On the basis of the sketch plan, the city shall informally advise the subdivider as promptly as possible of the extent to which the proposed subdivision generally conforms to the design standards of this section and to other sections of this subchapter.
(B) However, sketch plan review does not convey any legal development rights or guarantees of approval, required by this subchapter, to the applicants. This sketch plan review process while strongly recommended to avoid potential issues which could prevent ultimate approval of a development, is voluntary by an applicant. As such it is not a written request related to zoning within the meaning of this subchapter.
(Prior Code, § 613.22)
§ 151.272 INFORMATION REQUIRED FOR SKETCH PLAN.
(A) The sketch plan shall include nine large scale copies and one reduced scale (11 inches by 17 inches), a copy of detailed written materials, plans, and specifications to include the information listed below. One additional large scale copy shall be provided for each of the following, if applicable:
(1) Project is adjacent to a county road or county state aid highway;
(2) Project is adjacent to a state highway;
(3) Project lies within shoreland or floodplain overlay districts; and
(4) Project abuts a township.
(B) General location and site description:
(1) Name and address of developer/owner;
(2) Date of plan preparation and dates of revision;
(3) Scale of plan (engineering scale only), one inch equals 100 feet;
(4) North arrow indication;
(5) Legal description. Property location map illustrating the site location relative to adjoining properties and streets;
(6) Scaled drawing (engineering scale only) illustrating property boundaries;
(7) Proof of ownership;
(8) Current and proposed land use and zoning;
(9) Evaluation by the applicant that the subdivision would not be determined to be premature pursuant to the criteria outlined by §§ 151.250 through 151.291;
(10) Aerial photo with sketch plan overlay;
(11) Additional information as required by the Zoning Administrator;
(12) Open space areas indicating which areas are to be protected and defined by the purpose of the open space;
(13) Boundaries of areas to be developed and proposed general street and lot layout;
(14) Number and type of housing units and/or approximate size and location of commercial and industrial buildings as may be applicable;
(15) Areas proposed for stormwater management;
(16) Street system that interconnects neighborhoods that is consistent with the Comprehensive Plan;
(17) Location of future utility trunk mains intended to serve the site;
(18) Total area and approximate dimensions and location of wetlands and uplands on site; and
(19) Executed cost reimbursement and security agreement to pay for costs of the city staff and consultants to review development proposal.
(Prior Code, § 613.23)
§ 151.273 FILING AND REVIEW OF SKETCH PLAN.
(A) Preapplication meeting. An applicant will meet with Planning and Zoning Commission to discuss a proposed development and investigate the city requirements for pursuing a development application.
(B) Neighborhood meeting. The city recommends the property owner/applicant hold a neighborhood meeting for informal comment and feedback prior to submitting a formal sketch application.
(C) Application. An application for sketch plan along with the associated information and signed cost reimbursement and security agreement shall be submitted to the Zoning Administrator.
(D) Submission. The Zoning Administrator shall submit copies of the sketch plan and associated information to the Zoning Administrator.
(E) Forwarding. The Zoning Administrator shall forward the sketch plan submission to the City Clerk/Treasurer and Council for their consideration at regularly scheduled meeting to solicit informal review and comment on the project’s acceptability in relation to the city’s Comprehensive Plan and development regulation. The applicant shall attend these meetings.
(Prior Code, § 613.24)
§ 151.274 DETERMINATION OF ENVIRONMENTAL REVIEW REQUIREMENTS.
(A) The Zoning Administrator and City Engineer shall review the sketch plan and determine if an Environmental Assessment Worksheet (EAW), Environmental Impact Statement (EIS), or Alternative Urban Area‑Wide Review (AUAR) is required pursuant to Minnesota Rules. If the documents are required, the Zoning Administrator may notify the developer of the requirement.
(B) Any necessary environmental reviews shall be prepared and processed in accordance with Minn. Rules Ch. 4410, as may be amended.
(C) Applicant shall cover city costs associated with reviewing and administrating environmental requirements pursuant to the terms of the cost reimbursement and security agreement.
(Prior Code, § 613.25)
§ 151.275 PRELIMINARY PLAT.
(A) General.
(1) After the completion of the sketch plan process, if submitted, the owner or developer shall file with the city an application for preliminary plat 30 days prior to the meeting of the Planning Commission at which action is desired.
(2) The City Clerk/Treasurer shall send copies of the preliminary plat to each of the following agencies for their comments or recommendations: Planning and Zoning Commission, City Council, City Engineer, Township, County Planning, County Engineer, Septic and Permit Inspections, Pine Island Telephone, People’s Cooperative Services, Minnesota Energy, Parks and Trail Committee, Emergency Services (City and County Fire Departments and First Responders), OCSO, DNR, School Board Districts, MnDOT, property owners within 350 feet.
(B) Procedure for filing and review of preliminary plat application.
(1) The person applying for preliminary plat approval shall submit to the Zoning Administrator a complete application and all other information required in accordance to the submission and meeting schedule established by the city. The application shall address the informational requirements of this subchapter and any issues identified through the sketch plan review procedure.
(2) A complete preliminary plat application shall include:
(a) The city’s application form;
(b) Sixteen copies of the preliminary plat on black or blue line prints, along with one electronic version of the preliminary plat; and one 11- by 17-inch copy of the preliminary plat;
(c) Sixteen copies of the certificate of survey, preliminary grading, drainage and erosion control plan, preliminary drainage report, and preliminary utility plan on black or blue line prints with outside dimension of 24 inches wide and 36 inches long drawn to a horizontal scale of one inch equals 100 feet or less and a vertical scale of one inch equals ten feet or less;
(d) Sixteen copies of a vicinity map drawn either on each preliminary plat or on a separate sheet with a scale of one inch equals 400 feet or more but not to exceed 1,000 feet showing existing subdivisions, streets, and tracts of land adjoining the proposed subdivision;
(e) Two copies of existing or proposed private deed restrictions, if any;
(f) Executed cost reimbursement and security agreement; and
(g) Applications shall be accompanied by a fee established by the City Council. (Please refer to the Schedule of Fees Code for correct amount.)
(3) The Zoning Administrator, upon receipt of an application, shall notify the applicant in writing within ten business days if the application is found to be incomplete including the requirements which must be met in order to make the application complete.
(4) The Zoning Administrator shall refer copies of the preliminary plat to other city staff, consultants, advisory committees, or agencies as appropriate.
(5) Upon receipt of a complete application, the Zoning Administrator shall contact the Planning and Zoning Commission Chair who will set a public hearing date for the preliminary plat.
(6) The Planning Commission shall hold a public hearing on the proposed preliminary plat. The City Clerk/Treasurer shall publish notice of the public hearing in the official newspaper designated by the City Council at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question, and to all agencies listed in division (B) above. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this subchapter, provided a bona fide attempt has been made to comply with notice requirements of this subchapter.
(7) The Planning and Zoning Commission shall take public testimony at their public hearing and evaluate the requested preliminary plat against the performance standards of this subchapter, the performance standards of the Zoning Code, and other city requirements. The Planning and Zoning Commission shall make findings and offer a recommendation to the City Council for either preliminary plat approval or denial.
(8) The Zoning Administrator shall prepare a staff report of the findings and recommendations of the Planning Commission for the City Council consideration. The findings may include specific conditions of approval or required findings of fact related to denial of the plat.
(9) The City Council shall take action on the application within 120 days following delivery of a completed application in accordance with the regulation of this subchapter, unless an extension is agreed to by the applicant.
(10) The City Council shall take action on the application which shall include findings of fact, and shall be entered in the proceedings of the City Council and transmitted to the applicant in writing. If the Council approves the preliminary plat, it may impose conditions it considers necessary to protect the public health, safety, and welfare. If the Council denies the preliminary plat, it must make findings of fact in writing the reasons for the denial at the time it denies the request. The lack of a majority of the City Council voting affirmatively to approve a preliminary plat shall be a denial of the requested application.
(11) If the preliminary plat is approved by the City Council, the applicant shall submit a complete application for final plat in accordance with the approved phasing plan but no later than one year, after the approval or approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing by the applicant and approved by the City Council prior to the expiration of the preliminary plat approval.
(12) The preliminary plat stage is the point in the process that all information pertinent to the proposed development is furnished by the developer for review by the city staff and consultants, city advisory committees, the City Council, and other applicable agencies, and the public. The information provides a basis for approval or denial of the application. The information submitted in the application shall address both existing conditions and changes that will occur during and after development. The preliminary plat is a plan of how property will be subdivided and developed. Additional information or modifications may be required by the Zoning Administrator, city staff and consultants, city advisory committees, or City Council, and additional information may be requested during the review process. In certain cases, some information required by these standards may not be appropriate or may need to be modified in order to provide an adequate basis for making a decision.
(C) Certificate of survey. Prepared by a licensed land surveyor identifying the following:
(1) Scale (engineering only) at one inch equals 100 feet or less;
(2) North arrow indication;
(3) Existing parcel boundaries to be platted with dimensions and area;
(4) Existing legal description;
(5) Easements of record;
(6) Delineated wetland boundary, to include the ordinary high water level (OHWL) of any lakes or Department of Natural Resources (DNR) water. All flood zones as shown on Federal Emergency Management Agency (FEMA) FIRM (Flood Insurance Rate Map) encroachments;
(7) Existing buildings structures and improvements within the parcel to be platted and those 350 feet outside the boundaries of the subject parcel;
(8) Location, widths, and names of all public streets, rights‑of‑way or railroad rights‑of‑way showing type, width, and condition of the improvements, if any, which pass through and/or are within 350 feet; and
(9) The outside boundary of the subject property is to be clearly marked with survey monuments.
(D) Resource inventory. This shall include:
(1) Topographic contours at two-foot intervals;
(2) Soil type locations and identification of soil type characteristics such as hydric soils, agricultural capability, depth to bedrock, depth of water table and suitability for wastewater disposal systems, if applicable (county soil survey information);
(3) Hydrologic characteristics, including surface watercourses, floodplains, delineated wetlands, natural swales, and drainage ways. Ordinary high water level and 100-year storm elevations of adjoining watercourses, lakes, wetlands, streams, and the like at the date of the survey and approximate high and low water elevations. The 500-year storm elevations shall be identified when required by the City Engineer; and
(4) Neighborhood context; general outlines of existing buildings, land use, and natural features such as water bodies or wooded areas, roads, driveways, and property boundaries within 300 feet of the tract. This information may be presented on an aerial photograph at a scale of no less than one inch to 200 feet.
(E) Preliminary plat. This shall include:
(1) The proposed name of the plat, which shall not duplicate the name of any plat theretofore recorded in the county; and shall be subject to approval by the City Council for appropriate local context;
(2) Date of application, name, address, phone number and applicable license or registration number of the owner, developer, agent, applicant, engineer, surveyor, planner, attorney, or other principle involved in the development of the plat;
(3) Proof of ownership;
(4) Existing Comprehensive Plan guiding and zoning designation within or abutting the proposed plat. Any zoning changes required for the development or reference to any zoning or similar land use actions that are pertinent to the proposed development should be noted;
(5) Total acreage of the land to be subdivided and total upland area;
(6) Boundary line survey and legal description;
(7) North arrow and graphic engineering scale of one inch equals 100 feet;
(8) Existing covenants, liens, or encumbrances;
(9) Proposed lot lines, dimensions, and the gross and buildable acreage of all lots. When lots are located on a curve in a street or cul‑de‑sac, the lot width at the building setback line shall be shown. Proposed lot and block numbers;
(10) Building pad, minimum building setbacks shown on each lot indicating dimensions of the setback; location and width of buffer yards or greenbelts, as defined in § 151.001(F), where the subdivision adjoins a collector or arterial street, railroad right‑of‑way, or overhead transmission line or for commercial subdivisions which adjoin residential areas;
(11) Layout of streets, showing right‑of‑way widths, center line street grades, and approximate radii of all curbs, proposed contours within the entire plat, and names of streets;
(12) Access, right‑of‑way widths, driveways, and street classifications shall be consistent with the Comprehensive Plan;
(13) Parks, trails, or other areas intended for public use of common ownership;
(14) Any additional information as requested by the Zoning Administrator;
(15) Dates of plan preparation and revision dates; and
(16) All delineated wetlands and the ordinary high water level of Department of Natural Resources protected waters.
(F) Preliminary grading, drainage, and erosion control plan. The developer shall submit a preliminary grading, drainage, and erosion control plan utilizing a copy of the current certificate of survey as a base for the site in question, prepared by a licensed engineer, depicting the following information:
(1) Scale (engineering only) one inch equals 100 feet or less;
(2) North point indication;
(3) Location of natural features including, but not limited to, tree lines, delineated wetlands, watercourse, ponds, lakes, streams, drainage channels, ordinary high water level and 100‑year storm elevations, bluffs, and the like;
(4) Existing contours at two-foot intervals shown as dashed lines for the subject property and extending 100 feet beyond the outside boundary of the proposed plat;
(5) Proposed grade elevations at two-foot intervals shown as solid lines;
(6) Proposed plan for surface water management, ponding, drainage, and flood control consistent with the recommendations of § 151.283 and recommendations from City Engineer;
(7) Provision for ground water management including sub‑surface drains, disposals, ponding, and flood controls;
(8) Location of all existing storm sewer facilities including pipes, manholes, catch basins, ponds, swales, and drainage channels within 100 feet of the subject property. Existing pipe grades, rim and invert elevations, and normal and high water elevations must be included;
(9) If the subject property is within or adjacent to a 100‑year floodplain, flood elevation and locations must be shown;
(10) Spot elevations at drainage break points and directional arrows indicating site, swale, and lot drainage;
(11) Lot and block numbers, building style, building pad location, and elevations at the lowest floor and garage slab for each lot;
(12) Locations, grades, rim, and invert elevations of all proposed stormwater facilities, including ponds, proposed to serve the subject property;
(13) Phasing of grading;
(14) The location and purpose of all easements;
(15) All soil erosion and sediment control measures to be incorporated during and after construction must be shown. Locations and standard detail plates for each measure shall be in accordance with city standards and included on the plan;
(16) All revegetation measures proposed for the subject property must be included on the plan, including seed and mulch types and application rates;
(17) Drainage plan, including the configuration of drainage areas and calculations for two-year, ten-year, and 100-year storm events;
(18) Layout of proposed streets showing center line gradients, section widths, and typical cross-sections; and
(19) Date of plan preparation and dates of all revisions.
(G) Preliminary utility plan. The developer shall submit a preliminary utility plan utilizing a copy of the current certificate of survey as a base for the site in question prepared by a licensed engineer, depicting the following information:
(1) Scale (engineering only) one inch equals one hundred feet or less;
(2) The location, dimensions, and purpose of all easements of record;
(3) Location and size of existing sanitary sewers, storm sewers, water mains, culverts, or other underground facilities within the subject property and to a distance of 100 feet beyond the outside boundary of the proposed plat. Data such as grades, invert elevations, and location of catch basins, manholes, and hydrants shall also be shown;
(4) Locations and routing of proposed sanitary sewer lines, stormwater lines, and water mains. Identification of gravity, force main, and alternative service lines;
(5) Water mains, laterals, and service connections shall be illustrated in accordance with the standards of the city with regard to location, size, and service type, subject to final review and approval of the City Council;
(6) Sanitary sewer trunk, laterals, and service connections shall be illustrated in accordance with the standards of the city with regard to location, size, and service type, subject to final review and approval of the City Council;
(7) The location of hydrants and valves for all proposed water mains;
(8) All other utilities shall be located and designed in accordance with the requirements of the City Engineer;
(9) Submit storm sewer design flow calculations with the utility plans; and
(10) Date of plan preparation and dates of all revisions.
(H) Determination of requirement for environmental review documents.
(1) The Zoning Administrator shall review the preliminary plat and may determine if an Environmental Assessment Workshop (EAW), Environmental Impact Statement (EIS), or Alternative Urban Area‑Wide Review (AUAR) is required pursuant to Minnesota Rules. If the documents are required, the Zoning Administrator may notify the developer of the requirement.
(2) (a) Any necessary environmental reviews shall be prepared and processed in accordance with Minn. Rules Ch. 4100 as may be amended.
(b) Applicant shall cover city costs associated with reviewing and administrating environmental requirements pursuant to the terms of the cost reimbursement and security agreement.
(I) Additional information which may be required at the discretion of the city. This includes:
(1) Evaluation by the applicant that the subdivision would not be determined to be premature pursuant to the criteria outlined by the Comprehensive Plan and §§ 151.250 through 151.291;
(2) All preliminary plats shall include a phasing plan that includes:
(a) Documents outlining the content of proposed conservation easements, restrictive covenants, deed restrictions, and establishment of homeowners associations for review. Where the plat is intended to include common open spaces, these documents shall address ownership and long-term maintenance a phasing plan identifying the sequence of development and approximate areas, number of lots in each phase, total area, and buildable area per phase, serially numbered with a description of each phase. Information shall be provided regarding the number of dwelling units, proposed improvements, and common facilities for each;
(b) Any trail/sidewalks within the approved phase of the preliminary plat shall be constructed along with street and utilities and shall be clearly marked on a site map which shall be an attachment to all sales agreements for individual lots;
(c) Site grading shall be coordinated with the phasing plan to avoid premature disruption of land or long-term storage of excess materials; and
(d) Each phase of developer improvements as specified in the final plat and development agreement shall be completed prior to initiating any subsequent phase. Developer improvements shall be limited to those specifically illustrated and/or enumerated in the final plat and development agreement.
(3) Of these open space areas;
(4) Information or easements showing how future public utilities, drainage, and roads can be extended to serve adjacent property;
(5) Landscape and screening plans showing landscape plantings for street boulevards, subdivision entrances, and buffer yards, and specifying plant locations, varieties, sizes, ownership, maintenance responsibilities, and monument signs;
(6) Traffic study for the subdivision including pre and post development information regarding traffic generation, traffic distribution, capacity of existing streets, and level of service on existing streets;
(7) Examples of housing product; illustration of building footprint, floor plans, and building elevations proposed within the subdivision; and
(8) Other information deemed necessary for complete application.
(Prior Code, § 613.26) Penalty, see § 10.99
§ 151.276 FINAL PLAT.
(A) Information required for final plat. Approval of a preliminary plat by the City Council is an acceptance of the general layout, as submitted, and indicates that the developer may proceed toward final plat approval in accordance with the City Council approval of the preliminary plat, including conditions. The final plat application shall have incorporated all the conditions of City Council approval of the preliminary plat. In all other respects, the final plat shall substantially conform to the preliminary plat. It may constitute only that portion of the approved preliminary plat which the developer proposed to record and develop at that time provided that the portion conforms to all the requirements of this subchapter.
(B) Revises preliminary plat. The city may require seven large scale copies (22 by 34 inches), one reproducible reduction at 11 by 17 inches, and one digital electronic copy in a format compatible with the city’s computer system of the preliminary plat and of supporting documents illustrating all changes and conditions that were required as part of preliminary plat approval. This revised preliminary plat will provide the historical record of the subdivision approval by which subsequent final plats shall be considered.
(C) Title restrictions. The city shall require submission of one copy of any title declaration, conservation easements, deed restrictions, restrictive covenants, or homeowner’s association documents.
(D) Final plat general information. This includes:
(1) Sixteen large scale (22- by 34-inch) copies and one digital electronic copy in a format compatible with the city’s computer system of the final plat and supporting documents, plus any additional copies deemed necessary by the Zoning Administrator, plus one copy reduced to 11 by 17 inches;
(2) Name of the subdivision;
(3) Location by section, township, range, county, and state as well as descriptive boundaries of the subdivision based upon an accurate traverse, giving angular and linear dimensions;
(4) Scale (engineering only) one inch equals 100 feet or less;
(5) North point indication;
(6) The location of monuments shall be shown and described. Pipe or steel rod shall be at the corners of each lot and at each intersection of street center lines;
(7) Location and accurate dimensions of all lots, outlots, streets, and other features. Lots and blocks shall be numbered;
(8) A listing of the total area of each lot measured in gross square feet per lot and total area of the plat;
(9) The exact location, widths, and names of all proposed streets to be dedicated;
(10) The location and width of all easements to be dedicated;
(11) Accurate outlines and legal description of land to be dedicated as parks, trails, ponds, or other public use shall be illustrated on the final plat and dedicated with the final plat;
(12) Name and address of the registered surveyor of the plat with certification by in the form required by M.S. § 505.03, as it may be amended from time to time;
(13) Statement dedicating all easements as follows: easements for installation and maintenance of trails, utilities, and drainage facilities are reserved over, under, and along the areas designated as trails/access, drainage, and utility easements;
(14) Statement dedicating all streets or other public rights‑of‑way as follows: streets and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated; and
(15) Final grading construction plans shall be prepared and submitted in accordance with city standards.
(E) Development agreements.
(1) The developer shall meet with city staff, City Engineer and/or Building Inspector to finalize the terms of the development contract.
(2) Upon finalization of the development agreement, the City Clerk/Treasurer shall have the final copy of the contract signed by all appropriate parties.
(3) Financial securities shall be posted with the city as outlined in the development agreement.
(4) Final grading and utility plans shall be approved by the City Engineer and made a part of the Development Agreement.
(5) When the city has agreed to install improvements in a development, the developer shall compensate the city for the work completed by posting a letter of credit equal to the cost of infrastructure improvements. When the developer has agreed to install improvements in a development, the developer shall post a letter of credit equal to the cost of infrastructure improvements.
(F) Additional final plat information. This includes:
(1) Certification by a registered land surveyor, to the effect that the plat represents a survey made by him or her, and that monuments and markers shown thereof exist as located and that all dimensional and geodetic details are correct;
(2) Notarized certification by owner, and by any mortgage holder of record, of the adoption of the plat, and the dedication of street and other public areas;
(3) Approval by signature of the city and county officials concerned with the approval of the plat; and
(4) Form for approval of the Council as follows.
(G) Filing and review of application.
(1) The final plat application shall be considered to be officially filed when city staff has received and examined the application and has determined that the application is complete. There shall be a public hearing on the final plat scheduled with City Council. The City Clerk/Treasurer shall publish notice of the public hearing in the official newspaper designated by the City Council at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question, and to all agencies listed on the final plat flow chart. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this subchapter, provided a bona fide attempt has been made to comply with notice requirements of this subchapter.
(2) The Planning and Zoning Commission shall also consider the final plat and the Zoning Administrator shall forward the Planning and Zoning Commission’s recommendations to the City Council.
(3) The following requirements shall be met before City Council consideration of the final plat.
(1) The final plat shall substantially conform to the approved preliminary plat and phasing plan.
(2) Completed development agreement contract including all required financial securities and time frame for final plat and final grading.
(3) Conditions attached to approval of the preliminary plat shall be fulfilled or secured by the development agreement, as appropriate.
(4) All fees, charges, and escrow related to the preliminary or final plat shall be paid in full.
(H) Findings of fact. The City Council shall act on the final plat by motion, and, shall include findings of fact supporting the approval or denial. The lack of a vote by a majority of the Council to affirmatively approve the final plat shall be a denial of the requested application. Any appeal of a decision by the City Council denying a final plat must be made to the county district court within 30 days of the date a copy of the findings of fact supporting the decision are mailed by the city to the applicant.
(I) Timeline for approval. Within 60 days upon receiving a complete final plat application, the City Council shall certify final plat approval or denial. If the Council approves the final plat, it may impose conditions it considers necessary to protect the public health, safety, and welfare. If the Council denies the final plat, it must state in writing the reasons for the denial at the time it denies the request. The lack of a vote by a majority of the City Council to vote affirmatively to approve a preliminary plat shall be a denial of the requested application.
(J) Site work. No site work, including grading and utility installation, shall be allowed until final plat approval and recording.
(K) Form and content. The final plat shall be of the form and content as prescribed in the State Land Surveyors Association Plat, Manual of State Guidelines, as may be amended.
(L) Recording. If the final plat and development contract are approved by the City Council, the developer shall record the plat within ninety days after the date of approval. Otherwise, the approval of the final plat shall be considered void, unless the developer requests and receives an extension from the City Council. The city may record the development agreement immediately upon receipt of signatures and the recording of final plats of multi‑phased plats shall be addressed as part of the development agreement.
(M) As‑built plans. Within six months of the substantial completion of construction of roads, sanitary sewer, water mains, storm sewer facilities, and grading, the developer shall submit to the City Engineer two sets of construction plans, and one electronic copy in a format compatible with the city’s computer system and one set of CAD drawings, indicating all changes in the work, including accurate locations, dimensions, elevation, grades, slopes, and all other pertinent information concerning the complete work.
(Prior Code, § 613.27)
§ 151.277 CONFORMITY WITH THE COMPREHENSIVE PLAN AND ZONING CODE.
A proposed subdivision shall conform to the Comprehensive Plan, to related policies adopted by the city, and to this subchapter, as they may be amended. Unless specifically noted otherwise, these design standards shall apply to commercial subdivisions as well as to residential subdivisions.
(Prior Code, § 613.28)
§ 151.278 LAND REQUIREMENTS.
(A) Land shall be suited to the purpose for which it is to be subdivided. No plan shall be approved if the site is not suitable for the purposes proposed by reason of potential flooding, topography, adverse soil conditions, rock formations, or wetlands.
(B) Proposed subdivisions shall be coordinated with surrounding properties and/or neighborhoods, so that the city as a whole may develop efficiently and harmoniously.
(Prior Code, § 613.29)
§ 151.279 BLOCKS.
(A) Layout. Dimensions of blocks shall be numbered progressively through each plat. The naming of lanes, courts, avenues, circles, boulevards, drives, and places must conform to city definitions and county street naming requirements.
(B) Length. Block lengths shall not exceed 1,800 feet and shall not be less than 300 feet. A pedestrian crossing easement with a minimum width of ten feet shall be provided near the center of any block longer than 900 feet.
(Prior Code, § 613.30)
§ 151.280 LOTS.
(A) Numbering. Lots shall be numbered progressively through each block.
(B) Monument locations. The exact location given on all permanent monuments and lot corners and shall be illustrated on the plat and set in the field.
(C) Area. The minimum lot area, width, and depth shall not be less than that established by this subchapter at the time of adoption of the final plat.
(D) Corner lots. Corner lots for residential use shall have additional width to permit appropriate building setback from both streets and a side yard where the side yard abuts a collector or arterial street as required in this subchapter.
(E) Side lot lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines.
(F) Width. Every lot must have a width equal to or greater than the minimum width, measured at the front yard setback.
(G) Lot frontage. All lots shall have frontage on a public street that provides the required lot width at the minimum front yard setback. Flag lots are prohibited.
(H) Building sites. Each lot shall provide an adequate building site at least 18 inches above the grade of the crown of the street or above the nearest emergency overflow swale, whichever is greater. Elevations shall be in accordance with the approved grading plan for the development.
(I) Single- and two-family lot access. All new single- and two-family urban lots shall be designed to receive access from a local street.
(J) Access to arterial street and major collector streets. In the case where a proposed plat is adjacent to a major collector or arterial street, the street to be defined by the city’s Comprehensive Plan, there shall be no direct vehicular access from individual urban single-family or two-family lots to the streets. In the platting of small tracts of land fronting on limited access highways, arterial, or major collector street where there is no other alternative, a temporary entrance may be granted, subject to terms and conditions defined by the City Council and as approved by where applicable by county or state agencies. As neighboring land becomes subdivided and more preferable access arrangements become possible, the temporary access permits shall become void. In the cases where direct lot access to major collector or arterial streets is allowed, special traffic safety measures including, but not limited to, provisions for on‑site vehicle turn around shall be required. In cases where a proposed plat is adjacent to the county or state highway, the plat shall be subject to county and/or state approval.
(K) Access points. New commercial, industrial, and multiple-family lots fronting on an arterial or major collector street shall be designed to minimize the number of direct access points through the following methods listed in preferential order. If the highest preference is not possible, the next preference shall be utilized until an access method is possible:
(1) Access from a local street;
(2) Frontage road serving multiple properties;
(3) Frontage driveway or connected parking lot with cross easements serving multiple properties;
(4) Shared driveways; and
(5) One driveway access no closer than 200 feet to another driveway and that meets the city’s minimum spacing standards from a street intersection. All driveways shall be reviewed for consistency with the policies on the Comprehensive Plan.
(L) 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 this chapter, as may be amended.
(M) Watercourses. Watercourses may be contained within abutting lots. A minimum of a 30-foot buffer extending outward from the delineated wetland boundary or the watercourse ordinary high water level shall also be provided.
(N) Grading for drainage. Lots shall be graded so as to provide drainage away from building locations and shall conform to the approved final grading plan. Stormwater drainage from an improved subdivision or lot shall not be directed at an adjoining property at a rate above a predevelopment condition except where drainage is directed to a designed drainage easement.
(O) Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic places, or similar conditions which, if preserved, will add attractiveness and stability to the proposed development.
(P) Frontage on two streets. Double frontage or lots with frontage on two parallel streets shall not be permitted except where lots back on major collector or arterial streets, county or state highways, or where topographic or other conditions render subdividing otherwise unreasonable. Additional lot depth and a minimum ten-foot wide landscaped buffer yard shall be provided where a lot backs onto a major collector or arterial streets.
(Q) Irregularly shaped lots. On single-family residential lots determined to be irregular in shape (e.g., triangular), the developer shall demonstrate to the city an ability to properly place principal buildings and accessory structures upon the site which are compatible in size and character to the surrounding area including meeting setback requirements.
(R) Building expansion. All single-family residential lots shall be designed with the potential for buildings accommodating three stall garages, porches, and decks, and the like without need for setback variance. The buildings and structures are to be compatible in size and character with the surrounding area.
(S) Lot remnants/outlots. All remnants of lots below minimum lot size left over after subdividing a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. Outlots may be platted within a subdivision to delineate future development phases or commonly owned open spaces. The outlot shall be sized in a manner to accommodate its intended use. No building permits shall be issued for an outlot except for open air structures allowed as a recreational component an open space area, or buildings to support municipal infrastructure.
(Prior Code, § 613.31) Penalty, see § 10.99
§ 151.281 STREET LAYOUTS.
The arrangement, character, extension, width, grade, and location of all streets shall conform to this subchapter and the Comprehensive Plan. The streets and alleys shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographical conditions, to runoff of stormwater, to public convenience and safety, and in relation to proposed uses of land served by the streets.
(A) Street layouts.
(1) Except for cul‑de‑sacs, streets shall connect with streets already dedicated in adjoining 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, topographic conditions, runoff of stormwater, public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served and in compliance with county roadway improvement plans.
(2) The arrangement of streets in a new subdivision shall make provisions for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations approved by the City Engineer.
(3) In those instances where a street is terminated pending future extension in conjunction with future subdivision and there is more than 200 feet between the dead end and the nearest intersection, a temporary turn around facility shall be provided at the closed end, in conformance with cul-de-sac requirements. The temporary cul‑de‑sac shall be placed inside a temporary roadway easement if it is located outside street right‑of‑way. At such time as such a street is extended, the acreage covered by the turn‑around outside the boundaries of the extended street shall revert in ownership to the property owner fronting on the temporary turn‑around. The temporary cul‑de‑sac shall be surfaced in gravel and signed as a future through street to alert the public that the road is planned to continue into the next development upon future subdivision. Financial security will be required for removal or restoration as determined by the City Engineer.
(4) All streets shall be designed to intersect one another as nearly at right angles as topography permits and (except for cul‑de‑sac streets) shall be extended to the perimeter of the subdivision.
(5) Cul‑de‑sac streets shall not exceed 600 feet in length unless a greater length is necessitated by topographic conditions, and each cul‑de‑sac street shall have a turnaround at the closed end with a minimum radius of 45 feet or other design as may be approved by the City Council.
(6) The platting of half‑width streets is prohibited unless the other half of the street has already been dedicated or platted.
(7) When a tract is subdivided into larger than normal building lots or parcels, the 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 the resubdivision.
(8) Wherever the proposed subdivision contains or is adjacent to the right‑of‑way of U.S. or state highway, county road, or local collector street, provision may be made for a service street approximately parallel and adjacent to the boundary of the right‑of‑way; provided that due consideration is given to proper circulation design, setbacks from an intersection on the major right‑of‑way, or for a street at a distance suitable for the appropriate use of land between the street and right‑of way. The distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separation and for lot depths.
(9) Reserve strips and cul‑de‑sac streets that interfere with street connections needed to serve existing or planned development are prohibited.
(10) Cul‑de‑sac, loop, circle, and lane streets serving single-family or duplex residential developments shall be designed to serve development that is projected to generate no more than 300 average daily trips.
(11) A minimum of at least two paved continuous (through) streets serving a development that will generate over 500 vehicle trips to ensure safety and connectivity for the residents of the development. The number of trips shall be calculated by multiplying an average of ten trips per day times the number of homes.
(B) Street design standards. The following minimum standards shall be used in designing streets.
|
Classification Width |
Right-of-Way Width |
Pavement |
|
Cul‑de‑sac Radius |
60 feet |
45 feet |
|
Cul‑de‑sac Street |
60 feet |
32 feet |
|
Major Collector/Parkway |
100 feet |
Determined by City Engineer |
|
Minor Collector |
80 feet |
Determined by City Engineer |
|
Residential Rural |
66 feet |
24 feet, 2-foot shoulders |
|
Residential Urban |
66 feet |
32 feet |
|
Service Road |
50 feet |
28 feet |
(1) Street intersections. Insofar as practical, streets shall intersect as right angles, and in no case shall the angle formed by the intersections and interchange construction needs shall be dedicated.
(2) Deflections. When connecting street lines deflect from each other, or when a single street deflects at one point by more than ten degrees, they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than 500 feet for arterials, 300 feet for collectors, and 200 feet for all other streets. The City Council may allow greater or lesser sight distances and of such radii as the City Engineer shall determine for special cases.
(3) Street intersection offsets. A street intersection offset occurs when two streets bisect but do not directly align with one another. A street intersection offset shall have a center line off‑set of 150 feet or more when applied to minor streets and service streets. In all other cases, they shall be prohibited.
(4) Tangents. A tangent of at least 100 feet shall be introduced between points of reverse curves of arterial and collector streets.
(5) Cul‑de‑sacs. The maximum length of a street terminating in a cul‑de‑sac shall be 600 feet measured from the center line of the street of origin to the end of the right‑of‑way.
(6) Center line gradients. All center line gradients shall be at least 0.5% and shall not exceed 8%.
(7) Vertical curves. Changes in grade shall be connected by vertical curves and shall meet the requirements for a 30-mph roadway.
(8) Service streets. Where a subdivision abuts or contains an existing or planned major thoroughfare or a railroad right‑of‑way, the City Council may require a street approximately parallel to and on each side of the right‑of‑way for adequate protection of residential properties and to afford separation of through and local traffic. The service streets shall be located at a distance from the major thoroughfare or railroad right‑of‑way suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. The distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
(9) Half streets. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of this subchapter; and except where the City Council finds it practicable to require dedication of the other half when adjoining property is subdivided. In such cases, the developer shall provide an escrow in an amount determined necessary to construct the full street. Wherever there is a half street adjacent to a tract to be subdivided, the other half of the street shall be platted within the tract prior to the granting of access.
(10) Private streets. Except as may be allowed through planned unit developments, private streets shall not be approved nor shall public improvements be approved for any private streets.
(11) Access management requirements. In the case where a proposed plat is adjacent to a limited access highway, there shall be no direct vehicular or pedestrian access from individual lots to the highways. As a general requirement, access to the limited access highways shall be at intervals of not less than one‑quarter mile on county roads and one‑quarter or one‑half mile on state highways in accordance with MnDOT Access Management Plan. Any such proposed access shall be subject to state, county, and city approval as may be applicable. Privately controlled access to streets shall be prohibited except under conditions approved by the City Council.
(12) Platting of small tracts. In the platting of small tracts of land fronting on a limited-access highway where there is no convenient access to existing entrances and where access from the plat would be closer than one‑half mile from an existing access point, a temporary entrance permit for period not exceeding two years may be granted, provision shall be made in the plats for the connection of roads to neighboring land. As the neighboring land is platted and developed, and access becomes possible at a preferred location, the temporary entrance permits shall become void at the discretion of the city.
(13) Local street access. Access of local streets onto arterial and collector streets shall be discouraged at intervals of less than 500 feet.
(14) Additional street width. Where a subdivision abuts or contains an existing street of inadequate width, sufficient additional width shall be provided within the subdivision to meet the standards of this subchapter.
(15) Additional roadway width. Additional right‑of‑way and roadway widths may be required by the Council to promote public safety and convenience when special conditions require it.
(16) Dedication. All proposed streets shown on the plat shall be in conformity to city, county, and state plans and standards and shall be dedicated as public streets unless otherwise determined by the City Council.
(17) Grading. The full width of the right‑of‑way of all street and alleys dedicated in the plat shall be graded to the design cross-sections as shown on the grading plan submitted to and approved by the City Engineer. Exceptions to the width of grading may be granted where topography or tree cover warrant.
(18) Soil investigation. To determine sub‑grade soils classification and bearing capacity of the soils in the proposed development, a soil investigation report shall be prepared under the supervision of a soils engineer associated with a qualified soils testing service and be provided to the City Engineer. The report shall contain the design recommendation for street section based on a seven-ton axle design. In proposed streets, soils investigation shall be performed at intervals not to exceed 500 linear feet. The soil borings completed during the investigation shall be at least ten feet in depth below the proposed finished grade and five feet below the proposed elevations of utilities. Ground water levels shall be reported at each boring. Elevations shall be in mean sea level datum. Locations of borings shall be measured in the field and accurately shown on the plans.
(19) Base and surfacing.
(a) All streets shall be improved with a concrete or bituminous surface. Streets to be paved shall be surfaced for a seven-ton axle weight capacity using current State Highway Department design standards and in accordance with City Engineer recommendations.
(b) No building permit shall be issued for any lot or parcel in a subdivision prior to the installation of the base course of bituminous. The wear course of bituminous shall be placed following the construction season or, if so designated by the City Council, up to two years from the date of final plat approval.
(c) Exceptions to this provision may be granted by the City Council at its discretion as part of a Development Agreement.
(20) Curb and gutter installation. Installation of curb and gutter shall be at the discretion of the developer. Where curb and gutter is installed it shall be concrete with integral gutter. The standard curb shall be approved by the City Engineer.
(21) Boulevards. All boulevards shall have a minimum of four inches of topsoil placed on them and then shall be sodded or seeded. Boulevard turf shall be fully established within one year of planting.
(22) Sidewalks.
(a) Installation of sidewalks shall be at the discretion of the developer. Where sidewalks are installed, sidewalks shall be constructed of concrete four inches thick, except at driveways, where six-inch thickness shall be required.
(b) Sidewalks shall be five feet wide. Sidewalks shall be installed prior to the installation of the bituminous wear course. The developer shall notify all lot purchasers of sidewalk construction plans.
(c) Locations throughout the city where a future pathway is required by the City Park and Trails Comprehensive Plan and additional locations designated by the City Council, the developer shall be required to construct a bituminous pathway. The pathway shall consist of an eight-foot wide bituminous surface with one foot aggregate shoulders and shall be constructed with a minimum of six inches of aggregate base and two and one-half inches of bituminous pavement. Pathways shall be designed in accordance with State Aid Standards. This is intended to include any pedestrian crossings.
(23) Lighting. Street lights conforming to People’s Cooperative Service and City Engineer specifications shall be installed at all street intersections and additional locations approved by the City Engineer. Easements may be required along property lines from utility easements on rear lot lines to rights‑of‑way.
(24) Signs. All signs shall be installed in accordance with a city approved sign plan. Four-way metal street signs shall be installed at each street intersection. Letters shall be at least three and one‑half inches high, black on a white background.
(25) Streets in flood hazard area. No street shall be approved if its final surface is at a lower elevation than one foot below the regulatory flood protection elevation. The City Council may require profiles and elevations of finished street for areas subject to flooding. Fill may be used for streets, provided the fill does not unduly increase flood heights and provided any such fill would not result in a stage increase violating the requirements of M.S. Ch. 103F, as it may be amended from time to time, supplemented, or replaced from time to time, and any applicable requirements imposed by the Federal Emergency Management Agency pursuant to its rules and regulations. Drainage openings shall not restrict the flow of water so as to unduly increase flood heights and provided any such drainage opening would not violate the requirements of M.S. Ch. 103F, as it may be amended from time to time, supplemented, or replaced from time to time, and any applicable requirements imposed by the Federal Emergency Management Agency pursuant to its rules and regulations.
(Prior Code, § 613.32) Penalty, see § 10.99
§ 151.282 EASEMENTS.
(A) Lots and streets.
(1) Lot lines. Drainage and utility easements which total at least ten feet wide shall be provided along all lot lines (see diagram below). These easements may be centered on common rear and side lot lines. At a minimum, these easements shall be ten feet wide along all lot lines on streets and along all boundaries with land not being developed. The easements shall provide continuity of alignment from block to block.
(2) Street right-of-way.
(picture)
(B) Drainage channels. Easements shall be provided along each side of the center line of any waterway or drainage channel. The easements shall be of a sufficient width to provide for proper maintenance and protection of the waterway or channel, stormwater runoff, and the installation and maintenance of drainage systems. The easements for drainage purposes shall be of a width determined by the City Engineer and city access to these easements shall be provided.
(C) Utilities.
(1) Easements shall be provided for all sanitary sewer, water main, and stormwater facilities. The easements shall be of a sufficient width to provide for city access, proper maintenance, and protection of the facilities.
(2) Telephone, electric, cable, gas service lines, and/or other public utilities are to be placed underground in accordance with city standards and company specs.
(Prior Code, § 613.33)
§ 151.283 SEWER AND WATER UTILITIES.
Although municipal services may not be available, developments in which shared water and wastewater treatment systems are installed shall comply with the following requirements:
(A) Water main. Water main size shall be a minimum of six-inch diameter. Water main shall be ductile iron pipe and shall meet all the requirements of the City Engineer’s Association of Minnesota Standard Utility Specification for water main and service line installation and American Water Works Association Standard.
(1) Mains shall be valved at intervals not to exceed 800 feet. Valve type shall be in accordance with city standard specifications.
(2) Dead end mains shall be looped if exceeding the allowed length of a cul‑de‑sac. The distribution system may require installing a larger main to benefit the entire water service in the city. The City Engineer shall determine location and size of mains larger than eight inches in residential areas. In commercial/industrial areas, water main up to 12 inches may be required to meet normal distribution required in the development. The cost of the normal distribution size and appurtenances shall be the responsibility of the developer. Size of pipe over and above the normal shall be installed and financed in accordance with city policy.
(B) Water supply. New individual wells, community wells are not permitted.
(C) Fire hydrants. Installation shall be pursuant to plans approved by the City Engineer and Fire Department and shall be located in accordance with Insurance Service Office (ISO) standards. Hydrants shall be placed at the end of all dead ends, cul‑de‑sacs and at street intersections. Hydrant type and installation shall be in accordance with City Engineer requirements.
(D) Sanitary sewer. Sanitary sewers shall have a minimum of eight-inch pipes and shall be of a material approved for use in the city by the City Engineer. Sanitary sewer grades and installation shall conform to the Recommended Standards for Sewage Works, latest edition, by the Great Lakes Upper Mississippi River Board of State Sanitary Engineers and the City Engineer’s Association of Minnesota Standard Utilities Specification for Sanitary Sewer. Main size will be determined by the sewage flow and grade in accordance with the City Engineer requirements.
(1) Size of pipe shall be determined by lateral service and/or trunk service. Trunk service shall be the responsibility of the property served. The City Council shall establish cost distribution policy. Lateral service shall be the responsibility of and cost shall be borne by the serviced property.
(2) All services shall be installed in accordance with the City Engineer’s requirements. Each house service shall be run from the main to the property line, where a cap or plug shall be placed until service is extended to the structure. Four-inch PVC plastic pipe, or approved equal, sewer service shall be the minimum requirements.
(3) Both paper and electronic CAD final design plans shall be submitted to the City Record plans shall be submitted to the city within six months following substantial completion of the improvements.
(E) Sanitation. If direct access to a municipal sewer and water system exist, water and sewer lines shall be installed and connected to the public system to serve all lots within the proposed subdivision under the provision of applicable statutes and codes. The City Council shall require the installation of water and sewer mains, at the applicant’s expense or under the provisions of applicable statutes and codes.
(1) If a municipal sewer and water system does not exist or direct access is unavailable:
(a) Community on‑site systems shall be maintained under a managed care program subject to approval by the City Council;
(b) The developer of a residential development in a Special Interim Residential Zone District or a commercial/industrial development shall be required to enter into a development agreement with the city that identifies future public infrastructure that shall be required at such time as municipal sewer and water services shall be provided to the subject property. The agreement shall include a requirement for installation of required public infrastructure upon initial site development or in the alternative an escrow account shall be established to guarantee required funding to cover future costs of connection to the public sanitary sewer and water; and
(c) The City Council shall require the installation of water and sewer infrastructure, at the applicant’s expense.
(2) The Developer of a Community Wastewater Treatment System (CWTS) shall be required to incorporate the following aesthetic treatment within the CWTS.
(a) The primary drainage field and associated facilities shall be enclosed within maintenance free, decorative, three-rail white fence.
(b) The perimeter of the reserve drainage field shall be encompassed with a minimum or one and one-half‑inch, deciduous trees at 150‑foot intervals.
(c) CWTS equipment buildings shall be screened from public view with a minimum of four one and one-half‑inch, deciduous trees.
(d) Turf within the CWTS shall be established using a park grade seed mixture (MnDOT 260 or approved equal) and regularly maintained.
(e) The City Council shall require the installation of CWTS aesthetic treatments to be the applicant’s sole expense.
(F) Public utilities. Telephone, electric, cable, gas service lines, and/or other public utilities are to be placed underground in accordance with city standards.
(1) Developers shall apply for city permits to install underground utilities in public rights‑of‑way.
(2) The city shall approve all utilities prior to installation.
(3) Public utilities shall be installed in a joint trench in accordance with city standards.
(4) Conduit shall be installed for all road crossings.
(5) Public utility installation shall not occur until one week after all curb has been backfilled.
(Prior Code, § 613.34) Penalty, see § 10.99
§ 151.284 STORMWATER MANAGEMENT.
(A) Stormwater drainage facilities.
(1) The developer shall submit a subdivision stormwater management plan to the city. Stormwater drainage facilities shall comply with all federal, state, and local requirements and be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure drainage at all points along streets, and provide positive drainage flow away from any buildings as well as on‑site waste disposal to accommodate frequent floods
(2) Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to protect against surface erosion and silting of surface water and to prevent the discharge of excess runoff onto adjacent properties. The natural drainage shall be used as far as is feasible for the storage and flow of runoff.
(3) The following requirements shall also apply.
(a) No existing ditch, stream, drain, or drainage channel shall be deepened, widened, rerouted, or filled in without written permission from the City Engineer and other appropriate governmental agencies.
(b) Stormwater drainage design and the required stormwater management plan shall meet the requirements set forth in the permanent stormwater management plan checklist, as seen in Appendix A of this chapter.
(B) Stormwater drainage standards.
(1) All developments are responsible for control of surface or stormwater to equal or improve predevelopment conditions for the two-, ten-, and 100‑year storm events. The developer shall complete all water quality, conveyance, and detention improvements.
(2) Development drainage systems shall be provided that:
(a) Accept flow from upstream areas;
(b) Control, convey, and pond development runoff;
(c) Limit outflow to the natural predevelopment rate; and
(d) Do not have detrimental impacts on downstream properties.
(3) All storm sewer pipe conveyance shall be of ten-year design return frequency. Culvert design in all subdivisions shall be designed for a 25-year design return frequency. Flood protection shall be provided for a 100-year flood event. All ponding, detention, or retention shall be designed for 100-year frequency storm condition with a positive outlet. Flood protection for public and personal property shall be one foot plus any encroachment above the floodplain. All storm runoff shall be calculated by the Soil Conservation Service Method TR55.
(C) Grading plans are required for all subdivisions. Grading plans are required for all residential and subdivision and submitted to City Engineer for review and shall be in compliance with the city’s subdivision and non‑residential lot grading plan check list, which is found in Appendixes B and C. The City Engineer shall approve all subdivision grading, drainage, and wetland mitigation plans.
(Prior Code, § 613.35)
§ 151.285 EROSION AND SEDIMENT CONTROL.
The following guidelines shall be applied in the subdivision.
(A) The subdivision shall be constructed to allow all development to comply with the requirements of the State Pollution Control Agency Phase II stormwater permit.
(B) The subdivision shall conform to natural limitations presented by topography and soil erosion.
(C) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. Appropriate preventative control measures shall be installed prior to development when necessary to control erosion. 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 a time period as authorized by the State Pollution Control Agency Phase II stormwater permit.
(E) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the areas to be planted. The soil shall be restored to minimum depth of four inches or a depth as may be established by the City Engineer and shall be of a quality at least equal to the soil quality prior to development.
(F) Natural vegetation shall be protected wherever possible.
(G) As determined by the City Engineer, runoff water shall be diverted to a sedimentation basin before it is allowed to enter the natural drainage system. Stormwater runoff from the developed site shall not, at any time exceed the rate existing prior to development except as may be approved by the City Council.
(H) The city shall have the authority to remove the topsoil for its own purposes from all dedicated streets within its corporate boundaries. The topsoil shall be utilized in the development project from which it is taken unless otherwise specified as part of a development agreement.
(I) Erosion control measures/devices shall not be removed from a development site until such time as the City Engineer determines that the need for the measures/devices no longer exist.
(Prior Code, § 613.36)
§ 151.286 PROTECTED AREAS.
(A) 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 the subdivision shall clearly reflect all necessary measures of protection to ensure against adverse environmental impact.
(B) Based upon the necessity to control and maintain certain sensitive areas, the city shall determine whether the protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form of outlots.
(C) In general, measures of protection shall include design solutions which allow for construction and grading involving a minimum of alteration to sensitive areas. Where these areas are to be incorporated into lots within the proposed subdivision, the subdivider shall be required to demonstrate that the proposed design will not require construction on slopes over 18%, or result in significant alteration to the wetlands, floodplains, or natural drainage systems, such that adverse impacts cannot be contained within the plat boundary.
(Prior Code, § 613.37)
§ 151.287 SIGNS.
As part of preliminary plat application, the subdivider shall identify all signs associated with the proposed plat, including but not limited to neighborhood identification signs, traffic control signs, wetland demarcation signs, or other signs related to the proposed subdivision. The type, size, and location of signs shall be subject to approval of the city and in conformance with the requirements of Chapter 111. Installation shall be at the expense of the developer.
(Prior Code, § 613.38)
§ 151.288 PUBLIC SITES AND OPEN SPACES; PARK LAND DEDICATION.
(A) General.
(1) The City Council finds that as the city continues to increase in population and in land area, available financial resources to purchase and develop lands for neighborhood park purposes from sources other than the general tax levy have diminished. Appropriate municipal planning and control is needed to ensure that lands suitable for economical neighborhood park development are identified and preserved for public use during the land subdivision and development process and not developed for other purposes. The provisions by the city of adequate neighborhood park facilities in newly developed residential areas to serve the recreational needs of the residents of these areas, is an important factor in the maintenance of a high quality of life in the city; and contributes to the health and safety of citizens, especially those who are children. In addition, adequate open space land should be reserved to retain the character of the city, protect wildlife habitats, cleanse the air and stormwater runoff, and provide passive recreational opportunities.
(2) It is therefore in the best interest of all of the citizens of the city to ensure that when new residential development is hereinafter created or made possible by subdivision of lands, that adequate measures are provided in the subdivision process to permit the city to identify land suitable for development as new neighborhood park facilities, and to obtain and develop the lands for the use of the public at a reasonable cost. It also is in the best interest of all the citizens of the city to ensure that adequate open space is dedicated and reserved.
(B) Reservation of future parkland. At the discretion of the City Council and the Planning and Zoning Board, a subdivider may dedicate more land that would be required by the formulas established by this section and receive a written credit against future park land dedication requirements. Where a subdivider or property owner dedicates land against future requirements, the development which is thereby relieved of all or part of its mandatory park land dedication requirement must be in the city limits. The credit shall attach to the relieved land and remain with the relieved land, regardless of changes in ownership thereof.
(C) Final platting of a portion of an approved preliminary plat. Whenever a subdivider applies for approval of a final plat which contains only a portion of the land encompassed in the approved preliminary plat, the subdivider shall be responsible for making a dedication of park land or financial contribution as required; which is proportional to the population expected to reside in the area of the final plat. The conditions of the allowances shall be in the form and manner prescribed and approved by the Council.
(D) Neighborhood park defined. For purposed of this subchapter, the term neighborhood park shall mean a public recreation facility, from four to ten acres in gross area, designed to give residents of nearby residential areas the opportunity for the enjoyment of open space, and which may also provide the use of the residents playground equipment, picnic areas, and areas suitable for use as ball fields, tennis and basketball courts, ice skating rinks, and trails, but not including lighted baseball or softball diamonds. Trail corridors providing access from residential areas to neighborhood park facilities may be considered part of the neighborhood park.
(E) Certain activity forbidden. Following dedication of lands as provided herein, no person shall remove trees, vegetation, or topsoil there from, nor shall the lands be used for the purpose of stockpiling of earth or construction material, or disposal of construction debris, without the written consent of the Council.
(F) Marketability of title. Prior to the dedication, a person proposing to subdivide the land shall deliver to the City Attorney for examination an up to date abstract of title or registered property certificate for examination, or a title opinion by a person licensed to practice law in the state. If the examination of title by the City Attorney or the title opinion indicates that title is not marketable, no subdivision of the land shall occur until such steps are taken by the subdivider to permit marketable title, subject to the exceptions set forth in division (G) below, to be conveyed to the city by dedication upon the lands’ subdivision or by a subsequent separate conveyance.
(G) Exceptions. The title to lands proposed to be subdivided shall not be deemed unmarketable pursuant to this section by virtue of the fact that a mortgage or other equitable interest in the lands is held by a person other than the subdivider, or that the lands are subject to the lien of a special assessment. Provided that any conveyance or other act of the subdivider which thereafter conveys to the city title to the lands dedicated shall be free and clear of any such equitable interest or mortgage.
(H) Special assessments, real estate taxes. The city shall be responsible for the payment of any special assessments levied on the land dedicated pursuant to this section. Payment of real estate taxes payable on the land dedicated in the year of dedication shall be prorated between the city and the person subdividing the property.
(I) Cash payment in lieu of land dedication.
(1) Requirement. As a prerequisite to final plat approval, and at sole determination by the city, applicants and/or developers shall make a cash contribution to the city’s Park and Trail Fund roughly related to the anticipated effect of the plat on the park and trail system based on the formula set below. The amounts listed in this section are the city’s best estimate of the dedication or cash contribution needed to offset the effect on those systems. The requirement may also be satisfied with a combination of land and cash if approved by the City Council.
(2) Land eligibility.
(a) The land dedicated for parks and trails shall be in addition to property dedicated for street, alleys, easements, or other public ways. Land to be dedicated shall be reasonably suitable for its intended use as determined by the city and shall be at a location convenient to the public 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.
(b) To be eligible for park dedication credit, land dedicated is to be located outside of drainage ways, wetlands, floodplains, or ponding areas. At least 50% of the gross area of the land required to be dedicated shall have a lateral slope of 4% or less, be largely clear of forest vegetation, and shall not be located in an existing watercourse, a 100‑year floodway, and drainage easement of water ponding area. In addition, that portion of the land must have a cover of six inches or more of topsoil suitable for the seeding and cultivation of grass.
(c) Land area conveyed or dedicated to the requirements of this chapter and shall be in addition to and not in lieu of open space requirements for planned unit developments.
(d) Where private open space for park and recreation purposes is provided in proposed subdivision, the areas shall not be used for credit against the requirement of dedication for park and recreation purposes.
(3) Applicant conference. The applicant shall confer with city staff and the Park and Trails Committee at the time the preliminary plat is under consideration to secure a recommendation as to the location of any property, such as parks, playgrounds, or other public property that should be dedicated to the public for recreational use. The preliminary plat shall show the location and dimensions of all areas to be dedicated in this manner. The contribution requirement recommendation will be sent to the Planning and Zoning Commission for review and comment and subsequently to the City Council for its approval.
(4) Consistency with plans.
(a) When a proposed park, playground, recreational area, or other public ground has been indicated in the city’s official map, Comprehensive Plan, or Parks and Trails Plan, and is located in whole or in part within a proposed plat, it shall be dedicated to the city. If the applicant elects not to dedicate an area in excess of the land required hereunder for a proposed public site that the city feels is in the public interest to acquire, the city may consider acquiring the excess land through purchase or condemnation.
(b) All land proposed for trail dedication shall be subject to recommendations of the Park and Trails Committee and approval by the City Council. The lands shall also correspond and conform to the city’s Parks and Trails Plan.
(5) Dedication requirements. The city, upon consideration of the particular type of developments, may require that a smaller parcel of land than would normally be required under the Parkland dedication requirements should be dedicated due to particular features of the development. In these cases, a cash contribution shall be required in addition to the land dedication to ensure that compensation is received for the full impact of the development on the city’s park and trail system.
(a) In all new subdivisions where land dedication is to be required, 10% of the gross area subdivided, or a different percentage as the City Council determines necessary as a result of the subdivision approval, shall be dedicated for public parks, trails, or open space.
(b) When any subdivision (residential, commercial, industrial) is proposed, the developer shall make a land dedication for public park use, or the city may require a fee in lieu of the land dedication as follows.
1. The calculation of the amount of the cash payment required shall be computed on the following basis. The City Engineer shall determine the fair market value per acre of the developed land proposed to be subdivided at the time the preliminary plat is proposed, giving due consideration to the value to be assigned to similarly situated land by the County Assessor following its subdivision.
2. The required payment shall be computed by multiplying the value per acre of land by the number of acres required to be dedicated. There will be a minimum dedication of $15,000.
(c) The city may elect at its sole discretion to receive a combination of cash, land, and improvements to the development of the land for park and/or trail use. Combined park land and cash dedications shall be calculated based upon the following procedure: the City Engineer shall determine the fair market value per acre of the undeveloped residential land proposed to be subdivided at the time the preliminary plat is proposed, giving due consideration to the value to be assigned to similarly situated land by the County Assessor following its subdivision. The required payment shall be computed by multiplying the value per acre of land by the number of acres required to be dedicated.
(d) The following are cash payment requirements.
1. A park land cash contribution shall be calculated and established at the time of preliminary plat approval. The City Council may require the payment at the time of final plat approval or at a later time under terms agreed upon in the development agreement. Any delayed payment shall include interest at a rate set by the city.
2. Cash contributions for parks and trails shall be deposited in either the city’s Park Special Fund and shall only be used for park acquisition or development, and trail acquisition or development as determined by the city. These funds may be utilized anywhere within the city park and trail systems.
(e) Replatted property being replatted with the same number of lots and same number of dwelling units shall be exempt from all park land dedication requirements; if the number of lots or the number of dwelling units is increased, or if land outside the previously recorded plat is added to the plat, then the increased dwelling units and the new land outside the previous plat shall be used to calculate the parkland dedication requirement.
(f) When land is dedicated and deeded to the city for park purposes, it shall be the responsibility of the city to maintain the dedicated property.
(g) Land dedication to the city shall be in the form of outlots and shall provide adequate public access (as determined by the city).
(h) If the applicant or developer does not believe that the estimates contained in this section fairly and accurately represent the impact of the subdivision on the park or trail system of the city, the applicant or developer may request that the city prepare an in‑depth study of the effect of the subdivision on the park and trail system and an estimate of that effect in money and/or land. All costs of the study shall be borne by the developer or applicant. If the developer or applicant requests the preparation of such a study, the request must be made at the time the development application is submitted. The city shall provide the applicant or developer written notice that the submitted preliminary plat shall be deemed incomplete until the requested study has been completed and a determination is made as to the appropriate amount of land or money necessary to offset the impact of the subdivision.
(Prior Code, § 613.39) Penalty, see § 10.99
§ 151.289 REQUIRED PUBLIC IMPROVEMENTS.
(A) (1) No final plat shall be approved by the City Council until improvements of the land and construction of streets, sidewalks, and trails, together with all other necessary facilities in the plat, have been designed and satisfactorily arranged in accordance with regulations outlined for land improvement and construction and conditions of subdivision approval, including the developer’s agreement.
(2) The developer shall be required to provide the improvements listed in this subchapter installed in accordance with the engineering policy, standards, and specifications, including as they may be amended in the future.
(3) All improvements shall be subject to inspection and approval by and accomplished in such sequence as is determined by the city, via the City Engineer.
(B) In addition to construction on land, streets, and trails, the developer shall install and pay for light poles, fixtures, and street name signs as approved by the city and the utility company serving the location.
(Prior Code, § 613.40) Penalty, see § 10.99
§ 151.290 STANDARDS FOR TINY HOUSE DEVELOPMENTS (THD).
(A) Purpose and Intent. The purpose of this ordinance is to allow for clusters of tiny houses to be developed as planned unit developments within the City of Oronoco. This ordinance encourages the development of tiny house developments by allowing deviation from the existing requirements in the Oronoco City Code related to lot size, type of dwellings, density, lot coverage, setbacks, open space, and other regulations within these developments. This ordinance also encompasses the building standards that will apply to structures within tiny house developments.
(B) Definitions.
(1) Homeowner’s Association. An association or nonprofit corporation consisting of all individuals, corporations or other entities owning property within the tiny house development to ensure the maintenance of all common open space, and compliance with the requirements stated in this Section.
(2) Tiny House. A residential dwelling located within a Tiny House Development that measures at least 120 square feet of main floor living space, and does not exceed 400 square feet of living space, which would exclude any livable square feet on second levels or lofts.
(3) Tiny House Development. An area of land developed as a single entity, or in approved stages in conformity with a final development plan by a developer or group of developers acting jointly, for the development of a community of tiny house, as defined by this Section.
(4) Manufactured Home. For the purposes of this section manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis, is located on a permanent foundation, is attached to City utilities, and meets the square footage requirements of tiny homes, as defined by this Section. Manufactured homes only include structures meeting the requirements of Minnesota Statutes Chapter 327 and for which the manufacturer has filed for certification required by the State of Minnesota.
(5) Modular Home. For the purposes of this section, modular home means a one-family dwelling only, that is built to the standards of Minn. Stat. § 327.31, subd. 23.
(6) Prefabricated Buildings. For the purpose of this section, prefabricated homes are defined by Minnesota Administrative Rules, Chapters 1360 and 1361.
(C) Zoning. THDs are allowed only in the R-2 Residential zoning district.
(D) Establishment of Homeowner’s Association. THDs must establish a homeowner’s association at the prior to approval by the City of the THD. The applicant for a THD must submit, in addition to the information contained in Oronoco Code Section §151.270, proof of establishment of the homeowner’s association and a set of governing documents of the association that requires property owners within the THD to comply with the conditions of this Section. The governing document may also require additional design standards that do not contradict this Section. Upon request by the City, the association shall provide the most updated version of the governing documents for review. The governing documents shall require the following:
(1) That membership in the association be mandatory for all property owners within the THD.
(2) That the association shall not discriminate in tis members or shareholders.
(3) That the association shall manage all common spaces within the THD that are not dedicated to the public.
(4) That title to all residential property owners shall include an undivided fee simple estate in all common opens spaces not dedicated to the public.
(E) Building, lot requirements, and maintenance requirements.
(1) Minimum lot area.
i. The Lot area, frontage, and yard requirements. The following minimum requirements shall apply:
|
Use |
Lot area(square feet) |
Street Line |
Side Yard Building Line |
Front yard |
Least Width |
Sum |
Rear Yard |
|
Tiny House |
5500 |
25 feet |
80 feet |
25 feet |
6 feet |
16 feet |
25 feet |
(2) Lot landscaping. Except for the areas used for the tiny house, patio sidewalk, or hard surfaced off-street parking, the entire lot shall be maintained with grass or natural landscaping. Except for areas of each lot occupied by the tiny house, patio, sidewalk, or hard surfaced off-street parking, the entire lot shall be covered by grass or natural landscaping consistent with regulations within the homeowner’s association governing documents.
(3) Lot maintenance requirements. THDs shall be maintained by the owner in an attractive manner and in compliance with all provisions of the Oronoco City Code and state law.
(4) Storm shelters. As a condition of subdivision approval, the THD owner must submit a plan to construct and maintain an adequate storm shelter for open use by residents of the THD. The storm shelter plan must be approved by the City Engineer and must comply with all state, federal and local laws related to storm shelters.
(5) Height limit. The height limit permitted for structures in THD shall be a maximum of eighteen (18) feet from the finished first floor height.
(6) Required open space. A minimum of four hundred (400) square feet per unit of common open space is required and must be maintained by the THD. Common access points or a trail to the open space must be available to the THD.
(7) Parking. The THD must be compliant with Oronoco Code Section 151.076, with the exception that only one parking space is required to be constructed on each tiny house lot. In additional to the per lot parking space requirement, THD’s must have at least one community parking lot that services the THD. The community parking lot(s) must be open for public use. Whether one community parking lot or multiple lots are included within the THD, the total number of parking spaces in the lot(s) must be equal to one space for every two lots depicted on the survey required to be submitted with the THD application pursuant to Oronoco City Code Section 151.270 (B)(2)(b).
(8) Centralized Mail Delivery and Trash Collection. All THD’s must include a centralized area or areas for common mail delivery and trash collection, which must be maintained by the Home Owners Association.
(9) Plumbing and Sanitation. All dwellings located in a THD must include at least one water closet, lavatory and a bathtub or shower. Pluming must be connected to an approved water supply and approved sanitary sewer system consistent with the City Code. All plumbing must comply with the Minnesota Plumbing Code.
(10) Structures Allowed. Residential structures located within a THD may be a traditionally site-built home, a manufactured home, a modular home, or a prefabricated building as defined herein, provided that the structure is affixed to a permanent foundation, is connected to all available City utilities, and meets all other requirements of this Section.
(11) Building Code Compliance. All residential structures within a THD must comply with the Minnesota State Building Code pursuant to Section 151.081 of this code, the Minnesota State Fire Code, and the Minnesota Residential Code including Appendix R and Appendix Q thereof, as each document may be amended from time to time, and Minnesota Administrative Rules Chapters 1350, 1360, and 1361, as may be able.
(12) Additional Requirement. All structures constructed within THDs must comply with all provisions of Title XV of this Code that are not inconsistent with this Section, and if any inconsistency exists, this Section shall apply.
(F) Application Procedure. The application procedure for approval of a THD shall be the same as for that of a planned unit development under Oronoco City Code Section 151.270. In additional to the requirements of Section 151.270, the applicant must also obtain a conditional use permit under 151.081.
Section 4. The provisions of the Oronoco Code, Chapter 51, Section 151.018 is hereby repealed in their entirety and are hereby replaced with the following language:
(A) The Minnesota State Building Code, as adopted by the commissioner of administration pursuant to Minn. Stats. Chs. 16B.59 to 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference and incorporated in this section as completely as if set out in full.
(B) The Minnesota State Building Code allows the municipality to adopt by reference and enforce certain optional chapters of the Minnesota State Building Code. The following optional provisions identified in the most current edition of the Minnesota State Building Code is hereby adopted and incorporated as part of the building code for this municipality.
(1) Appendix Q of the Minnesota State Residential Code.
(2) Appendix R of the Minnesota State Residential Code.
Section 5. The provisions of Oronoco City Code, Chapter 51, Section 51.136, is hereby amended to add the following provision related to tiny house developments:
(N) Tiny House Developments as defined in Oronoco City Code Section 151.290
§ 151.291 VIOLATIONS.
The violation of any provision of this subchapter or the violation of the conditions or provisions of any permit issued pursuant to this subchapter shall be subject to fine or imprisonment or both, as set forth in state statutes, plus, in either case, the cost of prosecution.
(A) Sale of lots from unrecorded plats. It shall be a misdemeanor to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in conformity with any plan, plat or replat of any subdivision or area located within the jurisdiction of this subchapter, unless the plan, plat, or replat shall have first been recorded in the office of County Property Records and Licensing.
(B) Receiving or recording unapproved plats. It shall be unlawful for a private individual 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 subchapter, unless the same shall bear thereon the endorsement or otherwise the approval of the City Council.
(C) Misrepresentations. It shall be a misdemeanor for any person owning an addition or subdivision of land within the city to represent that any improvement upon any of the streets, alleys, or avenues of the addition or subdivision or any sewer in the addition or subdivision has been constructed according to the plans and specifications approved by the Council, or has been supervised or inspected by the city, when the improvements have not been so constructed, supervised, or inspected.
(Prior Code, § 613.41) Penalty, see § 10.99
§ 151.292 INJUNCTION.
In the event of a violation or the threatened violation of any provision of this subchapter, or any provision or condition of an approval issued pursuant to this subchapter, the city, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct, or abate the violation or threatened violation.
(Prior Code, § 613.43) Penalty, see § 10.99