HomeMy WebLinkAbout2003 [04] Apr 02 {Book 27}
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www.cityofstjoseph.com ity of St. Joseph
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, St. Joseph City Council
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25 College Avenue North April 2, 2003
PO Box 668 ¡ 6:30 PM
St. Joseph. MN 56374 ,
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(320) 363-720 I
Fax: (320) 363-0342 ,
1. 6:30 PM: - Board of Review
ADMINISTRATOR i
, Judy Weyrens 2. Adjourn:
MAYOR
Larry 1. Hosch I
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COUNCII,.ORS I
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Alan Rassier I
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Ross Rieke ¡
Gary Utsch . St. Joseph City Council and Planning Commission
Dale Wíck April 14, 2003
7:00 PM
1. 7 :00 pr Call to Order
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7:00 PM - PM Public Hearing, Subdivision Ordinance
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3. Adjourn.
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O~OOOOOO~OOOOOOOOODDOODODDOODOO~ODO~OODOD
St. Joseph Planning Commission
~pril14, 2003
7:15 PM
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1. Call to Order
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2. Site pian Review - BLT, Construct an OfficeIWarehouse facility
3.
Adjourn
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. ORDINrNCE 54: SU~DIVISION ~EGULATIONS
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Sectio 54.01: TITLE AND CONTENTS.
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Subd. 1: This ordina~ce shalllÌereafter be known, cited, and referred to as the Subdivision
Ordina ceof the City of St. Joseph, Stearns County, Minnesota.
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Subd. 2: ,
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TITLE AND CONTENTS ...............................................,........... Sect. 54.01 ;......Page 01
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PURPOSE .. .......... .... ......... .......... ..... ....... ................... ........... ..... Sect. 54.02...... .page 02
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SCOPE ... ....... ... ..... ..'... ............. ............ ............ '.. ........................ Sect. 54.03...... .Page 02
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SHORT, TI!LE ....... J...... ............ .............. .......... .... .................... Sect 54.04...... .page 02
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JURISDICTION, APf¡'LlCATION, COMPLIANCE, VALIDITy.... Sect. 54.05.......Page 03
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.' EXCEPTIONS....... ..1............................... .......... .... ... ....... ............ Sect. 54.06...... .Page D4
DEFINITIONS ......... .................................:............,..................... Sect. 54.07...... .Page 05
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GENERAL PLATTING REQUiREMENTS.................................. Sect. 54.08.......Page 15
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. SHORELAND/FLOOD PRONE LANDS ..................................... Såct. 54.09.......Page 16
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MINOR SUBDIVISliNS ..........................................................,... Sect. 54.10..... ..Page 17.
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COMMON INTEREST COMMUNITIES ..................................... Sect. 54.11.. .....Page 19
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PREMATURE SUBDIVISIONS .................................................. Sect. 54.12...... .Page 21
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, DISQUALIFICATIONS/DENIAL OF PLATS ............................... Sect. 54.13.......Page 23
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PLAT REVIEW PROCEDURES .......:......................................... Sect. 54.14.... ..~Page 24
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PLAT DATA. .......... . ... ....... ... ....... ....... .................................... ..... Sect. 54.15...... .Page 29
MINIMUM DESIGN STANDARDS ........................................... Sect. 54.16.......Page 36
REQUIRED IMPRqVEMENTS ................................................. Sect. 54.17.......Page 44
PUBLIC LAND DE91CATION ................................................... Sect. 54.18.......Page 48
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ADMINISTRATIONIAND ENFORCEMENT ............................. Sect. 54.19.......Page 51
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ADM IN. FEES, CHfRG ES & EXPENSES......................... ........ Sect. 54.20...... .Page 52
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. City f St. Joseph SubdivisionlOrdinance 2003 Page 1 of 1
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Section 54.02: PURPOSE. ¡
Subd. 1: Pursuant'to the authority contained in Minn. Stat. 462.358, this Ordinance is adopted for el
the following purposes:
Subd. 2: Assure that new additions will harmonize' with overall development objectives of the
'community. ¡
Subd. 3: Encourage well planned subdivisions by establishing optimum development standards.
Subd. 4: Secure the rights ofthe general public with respect to public land and water., ¡
Subd. 5: Improve land records by establishing standards for surveys and plats.
Subd.6: Place the costs of improvements against those benefiting there from. ¡
Subd. 7: Assure that public improvements such as streets, utilities and drainage are constructed
to satisfactory standards. l
Subd. 8: Provide common grounds of understanding between prospective subdivider/developers
and City officials. f
Subd. 9: Provide for the health, safety and welfare of residents by requiring the necessary
services such as properly designed streets and adequate sewage and water service.
Section 54.03: SCOPE OF LEGAL AUTHORITY. ¡
Subd. 1: This Ordinance is not intended to repeal, annul, or in any way impair or interfere with el
existing provisions of other laws, ordinances or with restrictive covenants running with the land except
those specifically repealed by or in conflict with this Ordinance. Every division of land for the purpose of
lease or sale into two or more lots, parcels or tracts within the incorporated area of the City of S1. [
Joseph or any combination of two or more lots shall proceed in compliance with this ordinance. It is the
purpose of this Ordinance to make certain regulations and requirements for the platting of land within
the City pursuant to the authority contained in Minnesota Statutes chapters 412, 429, 471, and 505, ¡
which regulations the City Council deems necessary for the health, safety, general welfare,
convenience and good order of this community.
Subd. 2: The City shall have the power and authority to review, amend and approve subdivisions I
of land already recorded and on file with Stearns County if such plats are entirely or partially
undeveloped.
Subd. 3: The City of S1. Joseph has adopted a comprehensive plan for the future physical I
development and improvement of the City pursuant to Minnesota Statutes, MSA 462.351-432;3535,
and finds it necessary to regulate the division of land for future development and use. The City finds
that the public health, safety and general welfare require that the division of land into two or more I
parcels requires regulation to assure adequate space, light and air; to provide proper ingress and
egress to property; to facilitate adequate provision for water, waste disposal, fire protection, open ,
space, schools, public uses and adequate streets and highways; and to assure uniform monumenting,
legal description and conveyance of subdivided land. The Minnesota Statutes authorize municipalities [
to so regulate the subdivision and platting of land pursuant to MSA 412.221 Subdivision 32; and
462.358.
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Section 54.04: SHORT TITLE. í
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This ordinance shall be known as the "Subdivision Ordinance of the City of S1. Joseph" and is referred el
to herein as "Subdivision Ordinance."
City of St. Joseph Subdivision Ordinance 2003 Page 2 of 2 I
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54.05: JURISDICTI<;>N, APPLICATION, COMPLIANCE AND VALIDITY.
. Subd.1: JUrisdictionJ The regulations herein governing plats and subdivision of lands shall apply
" wi,t"h,in t~e, C"o"r,p',o,ra~e.lim.its, ?f,fhe C"ity and t,h,e, u.n, incorp, orate, d .ar~a,wit, h,in, tw'" 0 mi,les, Of""i,t,s limits; prov, ide, d '
that wh re a municipality lIes¡ less than four miles from the limits of S1. Joseph, these regulations shall
apply 0 Iy toa line equidist~nt from St.Joseph and said municipality; and provided further, that the
governirg body or bodies of ~nincorporated areas adjacent to the City have not adopted ordinances for
the regulation of subdivision of land or platting.
!SUbd. 2: ,APPliCatiOn!. Any plat, hereafter made for each sub-division or 'each.'part thereof lying
withint~e jurisdiction ofthis Qrdinance, shall be prepared, presented for approval, and recorded as herein
P, res, cri~ed,'"., 'The ,regUlatio,n,s C,P,' n" ta, ined h,e, rein, shalla"p, 'ply to, the SUb,d,ivision 0, f a I,',ot,' tr"act or parcel, Of"land
into tW9 or m,ore lots, tracts, 9r development, whether immediate or future, including there~subdivision or
re-plattirgof land orlots;ex¡cept, wherethe subdivision or re-subdivisionmeets the requirements of a
Minor iUbdivision or is listed as an exception.
JSUbd. 3:Complianbe. No plat of any subdivision shall be entitledto record in the County
Recorder's Office or have,j any validity until the plat thereof has been prepared, approved and
aC,kno~le, dged in the,m" anneri, pr" e,scribe, d 'by th, is, ""ordina, nee;, N,O bUild, ,i,n, 9' ,permi,ts Wi," be issued by the Cit, y
of St. Joseph for the constru,ction of any building, structure or improvement to the land or to any lot in a
SUbdiVi¡kiOn,as defined hereiT until all requirements of this Ordinancehave been fully complied with.
Subd. 4: Validitv. Should any section or provision of this Ordinance be declared by a court of
compeent jurisdtction to be Invalid; such decision shall not affect the validity of the Ordinance as a whole
or any rart thereof other thari the part so. declared to be invalid. '
I.SUbd.5. Approvals ~ecessarv for acceptance of subdivision plats. Before any plat or subdivision
of lanqlshallbe recorded or be of any validity~ it shall be referred to the Planning Commission and
appro~ed by the CitYCOUncil/lofSt. Joseph as having fulfilled the reguirements of this Ord~nance.
. Subd.6. Conditions for Recordinq:No plat or subdivision shall be entitled to be recorded in the
, Stearnls CountyReeorder's 0ffice or have any validity until the platthereof has been prepared, approved,
and a knowledged, in the ma:nner prescribed by thIs Ordinance.
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Subd. 7: This' Ordirance shall not repeal, annul or in any way impair or interfere with existing
provis ons of other .Iaws or ordinances except those specifically repealed by or in conflict with this
Ordin nce. ,,/,' , , "
, ' Subd. 8: Where tþis Ordinance imposes a, greater restriction upon land than is imposed or
requir d by such existing provisions of the law, ordinance, contract or deed, the provisions of this
Ordinfnce shall control. Th'e Owners shall enforce covenants to the best oftheir ability; the City shall
assume no' responsibility fot the enforcement thereof, except in the case of restrictive covenants running
with t eland toWhichthejcity is a part. Any restrictive covenant shall not conflict or invalidate city
ordin nees. !
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Subd. 9:' Wh,ere the conditions im, posed by any provision of this Ordinance are either more
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restri tive or less restrictive' than comparable conditions imposed by any other law, ordinance, code,
statu, t1e,' re",S,Oluti"on, O',r, reg U,I a:ti on ',." th,e re,9uI,at,ions Wh, iCh,' ar"e, m,O,re,r,estr,iC,t,iveor 1m, P,O,sehig,her S, ta,ndardS or
requi ements shall prevail. I " '
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Subd. 10: Separabilitv. If any court of competent jurisdiction shall judge any provision of this
Ordi~ance to be invalid,~uch judgment shall not affect any other provisions of this Ordinance not
specifically included in, sai,d judgment. If any court of competent jurisdiction shall judge invalid the
apPIip-ation of any provisiof[l of this' Ordinance to a particular property, building or other structure, such
judgrrent shall not affect the application of said provision to any other property, building or structure not
specrcallY included in said judgment.
. City f St. Joseph :;;UbdiVlsion! Ordinance 2003 . Page 3 of 3
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Section 54.06: EXCEPTIONS -I
Subd. 1: The provisions of this ordinance shall not apply to:
A. A cemetery or burial plot while used for that purpose;
B. Any division of land made by testam~ntary provision, the laws of descent, o~ upon court l
order;
C. A parcel which was the subject of a written agreeme~t to~onvey (such as a purchase I
agreement), entered into prior to the effective date of this Ordinance;
D. Conveyance if the land described: Was a separate parcel of not less than 2% acres in
area and 150 feet in width on January 1, 1966; OR Was a separate parcel of not less !
than five acres in area and 300 feet in width on July 1, 1980; OR Is a single parcel of
commercial or industrial land of not less than five acres and having a width of not less
than 300 feet and its conveyance does not result in the division of the parcel into two or
more lots or parcels, anyone of which is less than five acres in area or 300 feet in width; ¡
OR Is a single parcel of residential or agricultural land of not less than 20, acres and
having a width of not less than 500 feet and its conveyance does not result in the division
of the parcel into twò or more lots or parcels, anyone of which is less than 20 acres in I
area or 500 feet in width.
Subd. 2: Divisions of land where the division is to permit the adding of a parcel of land to an [
abutting lot or to create two (2) lots and the newly created property Hne will not cause the land or any
structure to be in violation of this Ordinance or the Zoning Ordinance, provided Minor Subdivision Platting
Requirements of Section 54.10 of this Ordinance are followed. _I
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City of S1. Joseph Subdivision Ordinance 2003 Page 4 of 4 -¡
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sectionI54.07: DEFINITIONSl
. . /SUbd.1: '~nterpretauoi~: The language set. forth in the text of. this Ord.inance shall' be, interpreted
In aCC['danceWlththe 101l0'1/1n9 rules of construction: .
Subd.2: Except for tpose words and phrases defined below, the words and phrases used in this
ordin ' nee shall be interpreted to be given the meaning in common usage, so as to give this Ordinance
its m st reasonable application. " '
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Subd. 3: The singulaJ number includes the plural, and the plural the singular.
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Subd.4: ThepresenÚense includes the past and the future tenses, and the future the present.
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Subd. 5:, The word "shall" is mandatory while the word "may"is permissive.
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Subd.6: All measured distances shall be expressed in feet and decimals of feet.
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Subd.7: Definitions:] The following words and terms shall have the meaningprovided for in the
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A. ~CCESS WIAY: A public or private right-of-way across a block or within a, block to
providenon~yehicular access, to be .used by the general public.
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B. ALLEY. A pþblic or private right-of-way, usually 20 fe,et wide or less, that is, primarily
designed,to,serve as secondary access to abutting property from the side or rear of those
properties, whose principal' frontage is on a street.' ,
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C. APPLICANT!. The owner,their, agent, or other person having legal control, ownership
and/or interèt in the laridþroposed to be subdivided. '
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D. A TTORNEYI. The attorney employed or retained by the City, unless otherwise stated.
E. BASE LOT.I Alotmeeting all the speëificationswithin its zoning district prior to being
divided into a subdivision of single family attached Units. '.
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F. BEST MANIAGEMENT PRACTICES (BMPs). Bestmanagement practices as described
in current f0innesota Polh.Jtion Control Agency's manual and other sources as approved
by the City and.County.
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G. BIKEWA y.1 A public right-of-way or easement across a block or within a blockto provide
access for ~iCYCIists and in which a path or trail may be installed. ,
H. BLOCK: An area of land within a subdivision that is entirely bounded by streets, or by
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streets and¡ the exterior boundary or boundaries of the subdivision,Qr a combination of
the above with a river orlake. ' ,
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I. BLUFF. A topographical feature such as a hìll,cliff, or embankment having the following
characteristics (an area with an average slope of less than 18 percent over a distance of
50 or moreifeet shall not be considered partofthe bluff):
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1. Part or all of the feature is located in a shoreland area;
1" The slope rises at least 25 feet above the ordinary high water level of the
, , ' waterbody;
3. The grade of the slope from the toe of the bluff to a point 25 feet or more
I above the ordinary high water level averages 30 percent or greater; and,
4. The slope must drain toward the waterbody.
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City f 81. Joseph 8ubdivisiQ~ Ordinance 2003 Page 5 of 5
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BLUFF IMPACT ZONE. A bluff and land located within twenty (20) feet from the top of a \
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bluff. -\
K. BOULEVARD. The portion of the street right-of-way between the curb line and the
property line.
L. BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, l
chattel or movable property of any kind, and includes any structure.
M. BUILDING SETBACK LINE. A line parallel to the street right-of-way line, and ordinary
high water level, if applicable, at its closest point to any story level of a building and ¡
representing the minimum distance which all or part of the building is set back from said
right-of-way line, or ordinary high water level.
N. CALIPER. The diameter of replacement or new trees measured at a height of two (2) I
feet above the ground level.
O. CERTIFICATE OF SURVEY. A document prepared by a Registered Engineer or ¡
Registered Land Surveyor which precisely describes area, dimensions and location of a
parcel or parcels of land.
P. CITY. The City of S1. Joseph. Stearns County. Minnesota, and also means City Council. [
Q. . CITY COUNCIL. The governing body of the City of St. Joseph.
R. CLUSTER DEVELOPMENT. The development pattern and technique whereby ¡
structures are arranged in closely related groups to make the most efficient use of the
natural amenities of the land, while providing a unified network of open space and .1
aesthetically pleasing areas and meeting the overall density regulations of this Ordinance
and the Zoning Ordinance.
S. COMMON INTEREST COMMUNITY. A contiguous or noncontiguous real estate within l
Minnesota 1hat is -subject to an instrument which obligates persons; owning a separately
described parcel of the real estate, or occupying a part of the real estate pursuant to a
,proprietary lease, by reason of their 'ownership or occupancy, to pay for (i) real estate (
taxes levied against; (ii) insurance, premiums payable with respect to; (Hi) maintenance of;
or (iv) construction, maintenance. repair or replacement of improvements located on one
or more parcels or parts of the real estate other than the parcel or part that the person
owns or occupies (MSA 515B. 1-1 03). l
T. COMPREHENSIVE PLAN. The groups of maps, charts and text that make up the
comprehensive long-range plan of the City.
U. CONDITIONAL APPROVAL. An affirmative action by the City indicating that approval f
will be forthcoming upon satisfaction of certain specified stipulations.
V. CONTOUR INTERVAL. The vertical height between contour lines. I
w. CONTOUR MAP. A map on which irregularities of land surface are shown by lines
connecting points oiequal elevations. I
x. CONVEYANCE. The sale, trading, donation or offer of sale or other transfer ôf land.
Y. COPY. A print or reproduction made from a tracing. ¡
Z. CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for
the safe and convenient reversal of traffic movement. (move to Streets) .l
City of S1. Joseph Subdivision Ordinance 2003 Page 6 of 6 I
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AA.DESIGN STANDARDS. The specifications to landowners or those proposing to
.' ' S, ubdivide land,. ,', for the preparaf,lon of plats, bO, th, P, relimin, ary and final, indi,cating, among
other things, the optimum, minimum or maximum dimensions of such items as rights-of-
way, blocks, easements and lots.
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BB: DETENTIONIBA$IN. A facility designed to temporarily store runofffrom rainfall or snow
melt, releClsing the stored water at a controlled rate until the basin is empty. The outlet or
control structure is located at the bottom of the facility so that the basin is dry after the
runoff event.i<See also DetentionPond, Retention Basin, and RetentionÞond). '
CC:DETENTIONt POND. A facility designed to temporarily store runoff from rainfall or snow
melt, releasing the stored water at a controlled rate until the water has been brought
down to a prbdetermined level. The outlet or control structure is located in such a way
that some w~ter remains in the facility. The bottom of the facility is usually below water
table. oris otherwise constructed in such ,a way that standing water remains in the pond
year round (~ee also Detention Basin, Retention Basin andRetention Pond).
DD.DEVELOPE~. Any individual, firm,association, syndicate, co-partnership. corporation.
trust orothe~ legal entity submitting 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.
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EE.D, EV,", ELOPMENT. A,cts rela, ting to subdividing land, platted land" buildin,g"structures and
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installing site improvements. '
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FF. DOUBLE F~ONTAGE LOT. A lot ótherthan a corner lot which has a property line
abutting on one street and an opposite property line abutting on another non-intersecting
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street.l
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. GG. DRAINAGEICOURSE. Awatercourse or surface area for the drainage or conveyance of
surface water.
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HH.EASEMEN1. A'grant by a property owner for the use of a defined piece of land, eitheron
a temporary or a perpetual basis for the purpose of access, surface drainage, storm
water or snow melt detention, snow storage, or the construction and maintenance of
utilities inclUding, but not limited to, sanitary and storm sewers, water mains, storm
drainage ways, gas lines, electric lines. and cable service lines.
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II. ' ESCROW.¡ The, deposition of funds in an accou~t maintained by the City for the purpose
of ensuring ¡fulfillment of certain obligations· pursuant to this Ordinance. ,
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JJ. FINACAP~ROVAL. Approval of the final plat by the City Council. as indicated by
certification of the plat by the mayor of the city, constitutes authorization to record a plat.
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KK. FINAL PLAT. A drawing or map of. a subdivision, meeting all the requirements of a City
, and in sucH form as required by the County for purposes of recording.
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LL. FLOOD RELATED.
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! 1. 1 DO-Year Flood. A flood which is representative of large regional floods
: known ,to have occurred generally in Minnesota and reasonably
I characteristic of what can be expected t.o occur on an average frequency
I in the magnitude of the 1DO-year recurrence interval as determined by
I the use of the100-year flood profile and other supporting technical data
¡ in the Flood Insurance Study, or in any other officially adopted City flood
. I study.
, City f 81; Joseph 8Ubdivisiorl: Ordinance 2003 Page 7 of 7
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2. Þ-ccessory Use Of ,Accessory Structure. A useorst~ucture .in the same \
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"ot with, and of a nature customarily incidental. and subordinate to, the
principal use or structure.
3. Equal Degree of Encroachment. Method of determining the . location , of
encroachment lines so that the hydraulic capacity of flood plain lands .on \
each side of a stream are reduced by an equal amount when calculating
the increases in flood stages due to flood plain encroachments.
4. FEMA. The U. S. Federal Emergency Management Agency. l
5. Flood. A temporary rise in stream flow or stage that results in inundation
of the areas adjacent to the channel. I
6. Flood Frequency. The average frequency, statistically determined, for
which it is expected that a specific flood stage or discharge may be
equaled or exceeded. ' [
7. Flood Fringe. That portion of the flood, plain outside of, the floodway.
Flood fringe is synonymous with the term "floodway fringe" used in the l
Flood map/boundary and/or Flood Insurance Study of the City.
8. Flood Hazard Areas. The areas included in the floodway and flood fringe
as indicated on the official zoning map (Shoreland Overlay District) and ¡
the Flood Hazard Boundary Map, Flood Insurance Study and/or Flood
Insurance Rate Map which have been officja/ly adopted by the City.
9. Flood Hazard Boundary Map. The most recent Flood Hazard Boundary .1
Map prepared by FEMA for the City, as may be amended.
10. Flood Insurance Rate Map. The most recent Flood Insurance Rate Map \
prêparea by FEMA for the City, and as applicable and allowed by law,
the Flood Insurance Rate Map prepared by FEMA for the County of
, Stearns, as may be amended.
11. Flood Insurance Study. The most recent Flood Insurance Study prepared ¡
for the City by FEMA and, as applicable and allowed by law, the Flood
Insurance Study prepared by FEMA for the County of Stearns, as may \
be amended.
12. Flood Plain. The areas adjoining a watercourse which have been or
hereafter may be covered by the 1 OO-yea~flood às determined by the ¡
use of the 1 aD-year flood profile and other supporting technical data in
the Flood Insurance Study, or in any other officially adopted City flood
study. The flood plain includes the floodway and the flood fringe. I
13. Floodproofing. A combination of structural provisions, changes or
adjustments to properties and structures subject to flooding primarily for
the reduction or elimination of flood damages to properties, water and !
sanitary facilities, structures and contents of buildings in a flood hazard I
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area in accordance with the Minnesota State Building Code.
14. Floodway. The channel of the watercourse and those portions of the I
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adjoining flood plains which are reasonably required to carry and
discharge the regional flood determined by the use of the 1 DO-year flood -¡
profile and other supporting technical data in the Flood Insurance Study,
City of St. Joseph Subdivision Ordinance 2003 Page 8 of 8
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or in. any other officially adoptedCifyf/oodstUdy. " The floo,Qway shall
remain free of encroachment so that the, 100 year flood can be Carrie<1
.. without a rise in surface water elevation of more than 0.5 feet at any
point
Floodway Fringe. The area between th~ floodway and the outer edge of
the 100~year ,flood plain boundary that could.be completely obstructed
during a 100-year flood without a rise in surface water elevation of more
than 1.0 feet at any point
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16. Obstruction. Any' dam, wall, wharf, embankment, levee, dike, pile,
! abutment, projection, excavation, channel rectification, culvert, building,
! wire,fence,stockpile,refuse, fill; structure or matter in, along, across or
projecting into any channel, watercourse or regulatory flood' hazard area
which may impede, retard or change the direction of the flow of water,
either by itself or bycatchingor collecting debris carried by such water,
or that is placed where the flow of water might carry the same
downstream to the damage of life or property.
,17. Reach. A hydraulic engineering term to describe a longitudinal segment
i of a stream or river influenced by a naturalormanmade obstruction. In
! an urban area, the segment of a stream or river between two (2)
. ! consecutive bridge crossings would be typical of a reach. '
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18. Regulatory Flood Protection Elevation. A point not less than one (1) foot
: above the water surface profiÍe associated with the100~year flood as
! determined by the use of the 100-yearflood profile and suppórting
': technical data in the Flood Insurance Study plus any increase in flood
i heights attributable ,to encroachments on the flood plain. It is the
. i elevation to which uses regulated by this Ordinance are required to be
I elevated or floodproofed,
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119. Structure. Anything erected with a fixed location on the ground, or
i attached to something having a fixed location on the ground or in the
,ground in the case of earth sheltered buildings. Among other things,
structures include buildings, factories, sheds, detached garages, cabins,
, manufactured homes, walls, fences, billboards, poster panels and other
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I similar items.
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MM. HYDRIC S01L. For the purposes of this Ordinance, hydric soils ,shall includ,e: Hydric
soils as shown on the Stearns County Geographic Information System (GIS); OR land
inside the 100 year floodplain area, as determined by the County, using tWo (2) foot
contour surveys of relevant areas; OR a field delineation of the hydric soils by a
Registered ISoil ScientistfollowingJhe criteria found in the United States Army Corps of
Engineers [Wetland Delineation Manual (1987 Manual) OR the Natural Resource
, Conservati?nService publication Field Indicators of Hydric Soils in the United States.
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NN.IMPROVEry1ENTS. Pavement, curbs, gutters, sidewalks!, sewer and water facilities,
drainage facilities, street signs, street lighting, plantingsand other items for the welfare of
property owners and/or the general public.
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00, INTENSIVE VEGETATION CLEARING. The, complete removal of trees or shrubs in a
contiguous] patch, strip, row or block.
PP. LAND DIS¡rURBANCE. Any area in which movement of earth, alteration in topography,
- soil comp~ction, disruption of vegetation, change in soil chemistry, or anyother change in
Grry f Sl Joseph S"bdIVISIOl Ordinance 2003 '. . Page 9 of 9
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centers. a úbdiviSion or 0 , ,\at \IOe,
onion of as., a rear
RR. LoT. A P fer of ownershiP· " f t lotline or
or for trans "f a lot that is not a ran. .'
55. LOT LINE, SIDE. Any boundary 0 , '
IT. LOT OF RECORD. A parcel of land, whether subdivided-or ot~erwiselegally dêMrlbad,
as of the effective date öf this Ordinance, or approved by the CIty as a lot subsequent to ' ¡
such date, and which is occupied by or intended for occupancy by one (1) principal use,
'together with any accessory buildings or such open spaces as required by this Ordinance
and having its principal frontage on a street, or a proposed street approved by the
council. ¡
UU.LOT, WIDTH. The horizontal distance between the side lot lines of a lot measured at the
building setback line, location of the principal building and, if applicable, ordinary high ¡
water level. For corner lots, lot width shalf be determined by measuring the horizontal
distance between a side lot line and the applicable opposite front lot line.
W. METES AND BOUNDS DESCRIPTION. A description of real property which is not r
described by reference to a lot or block shown on a map. but is described by starting at a
known point and describing the bearings and distances of the lines forming the
boundaries of the property or delineating a fractional portion of a section, lot or area by , ¡
described lines or portions thereof.
WW.MINOR SUBDIVISION. The division of a single parcel, lot, or tract, into two separate .1
parcels, lots, or tracts. _ I
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XX. MULTIPLE FAMIL Y DWELLING. A dwelling containing more than two (2) separate living
units.
YY. NATURAL WATER WAY. A natural passageway on the surface of the earth, so situated (
and having such a topographical nature that surface water flows through it from other
areas before reaching a final ponding area. The term also shall include all drainage !
structures that have been constructed or placed for the purpose of conducting water from
one place to another.
zz. OFFICIAL MAP. The map adopted by the City Council showing the streets, highways, ¡
blocks and lots theretofore laid out resulting from the approval of subdivision plats and
the subsequent filing of such approved plats.
AAA. ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and I
shall be an elevation delineating the highest water level which as been maintained for a
sufficient period of time to leave evidence upon the landscape, commonly that point
where the natural vegetation changes from predominantly aquatic to predominantly
terrestrial. For watercourses, the ordinary high water level is the elevation of the top of t
the bank of the channel. For reservoirs and flowage, the ordinary high water level is the
operating elevation of the normal summer pool. \
BBB. OUTLOT. A lot remnant or parcel of land left over after platting, which is intended as
open space or other future use, for which no building permit shall be issued, .¡
City of S1. Joseph Subdivision Ordinance 2003 Page 10 of 10 I
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ccc. OWNE~. IncludeS the plural as well as the singular, and where appropriate shall
include a ~atural person, partnership; firm, association, public orquasi~public corporation,
. private corporation, or a combination of any of them;
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DDD. PARCEL-An individual lot or tract of land.
EEE, PARKS! AND PLAYGROUNDS. Public lands and open spaces in the City of St.
Joseph d9dicated or reserved for a~d usable for recreation purposes.
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FFF.PEDE~TRIAN WAY. Apublic orprivateright~of-wayacrossa block or with a block to
provide access, to be used by pedestrians and which may be used for the installation of
utility lineS.
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GGG. PERCENTAGE OF GRADE. On street centerline means the distance vertically (up or
down) froh1 the horizontal, in feet and tenths of a foot for each 100 feet of horizontal
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distance. I
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HHH. PLAN~ING COMMISSION. The Planning Commission of the City of St. Joseph.
111. PLAN~EDUNIT DEVELOPMÈNT. A tract of land planned and developed to
encourage a more creative and efficient development of land, while at the same time
meeting the standards and purposes of the Comprehensive Plan for preserving the
health,s~fety and welfare of theCityofSt. Joseph, to allow for a mixture of residential
units or residential and commercial units in an integrated and well-planned area and to
ensuret~econcentration of open space into more usable areas and preservation of
natural F$sources of the site including wetlands, steep slopes, vegetation, and scenic
areas. í
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JJJ. PLANNED UNIT RESIDENTIAL DEVELOPMENT; A tract of land containing not less
. than 20 (acres and which contains or will contain two or more principal residential
buildings developed or to be developed under unified, ownership or control, the
development of which is unique and, of a substantially different character than that of the
- surrounding areas, including but not limited to the provision of common ópen space for -"
use by all residents of the tract.
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KKK. , PRELIMINARY APPROVAL, Approval of the preliminary plat by the City Council
which c6nstitutes authorization to proceed with final engineering plans and final plat
preparation, taking into consideration any conditions for approval.
LLL PREJMINARY PLAT. A tentative drawing or mapofa proposed subdivision meeting
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therequ!rements herein enumerated.
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MMM:PROTECTIVE COVENANTS. Contracts made between private parties as to the
manner i in which land may be used, with thel/iew to protecting and preserving the
physicall and economic integrity of any given . area. The City shall not' be responsible for
enforcin.g protective covenants.
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NNN. pUBJlc IMPROVEMENT. Any drainage ditch; roadway, parkway, street, sanitary
sewer, Istorm sewer, water system, sidewalk, pedestrian way, tree, lawn, off-street
parking larea, lot improvement or other facility for which the City may ultimately assume
ownership, responsibility for, maintenance and operation, or which may effect an
improv~ment, for which local government responsibility is or may be established.
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000. PUBLIC WATERS. Any waters as defined in Minnesota Statutes, section 105.37,
SUbdivi~ions14 and 15',asmay be amended.
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- PPP. PUBLICATION. An official notice as prescribed by Minnesota Statutes.
C ty of St. Joseph SUbdivi~ion Ordinance 2003 Page 11 of 11
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QQQ. QUADRAMINIUM. Sil')gle structures which contain four (4) sub~ivided dwelling units, ¡
allot' which have individually separate entrances from the exterior of the structure. ·1
RRR. RESERVE STRIPS. A narrow strip of land placed between lot lines and streets to
control ¡:!ccess.
SSS. RETENTION BASIN. A facility designed to store runoff from rainfall or snowmelt with l
no outlet. The stored water is allowed to percolate into the ground.' (See also Detention
Basin, Detention Pond, and Retention Pond).
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TIT. RETENTION POND. A facility designed to store runoff from rainfall or snowmelt with !
no outlet. The bottom 'of the facifjty is usually below water table, or is otherwise
constructed in such a way that standing water remains in the pond year round. (See also ¡
Detention Basin, Detention Pond, and Retention Basin).
UUU. RIGHT-Of-WAY. Land acquired by reservation or dedication intended for public use,
and intended to be occupied or which is occupied by a street, trail, railroad, utility lines, oil l
or gas pipeline, water line, sanitary sewer, storm sewer or other similar uses.
VW. ROADWAY. The portion of street right-of-way improved for vehicular travel. !
WWW. RURAL DESIGN. A street design where adjacent property and right-of-way are
graded to form a ditch section along the shoulder of the road. Surface drainage is
, primarily carried by the ditch section. f
XXX. SETBACK. The distance between a building and the property line nearest thereto. ¡
YYY. SHORE IMPACT ZONE. Land located between the ordinary high water level of a r
public water and a line paFallel to it at a setback of fifty (50) percent of the structure .1
setback.
zzz. SHORELAND. Land located within the folJowing distances from public waters: 1,000 I
feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a
river or stream. or the landward extent of a floodplain designated by ordinance on a river
or stream, whichever is greater. ,
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AAAA.SINGLE-FAMIL Y DETACHED DWELLING. A dwelling which is designed and
constructed for and occupied by not more than one family and surrounded by open space
or yards and which is not attached to any other dwelling by any means. ¡
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BBBB.SKETCH PLAN. A drawing showing the proposed subdivision of property. This plan
shall be drawn to scale and dimensioned; however, exact accuracy is not a requirement !
CCCC. STREET. A public right-of-way affording primary access by pedestrians and vehicles
to and through property within and adjacent to the community. Streets are divided into ,
functional classifications according to the character of service they provide: i
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1. Arterial, Minor: Applies to streets and highways thàt carry the majority of
traffic into and out of the City. Emphasizes mobility into and out of the !
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City. Minor arterials carry the largest percentage of intracommunity I
travel interconnecting with and augmenting the principal arterial system.
Serves smaller centers of activity, but ideally should not penetrate
identifiable neighborhoods. Serves trips of moderate length and !
provides a lower level of mobility. Access to abutting property is usually
not restricted. '.1
City of 81. Joseph Subdivision Ordinance 2003 Page 12 of 12 i
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2. Arterial, Principal: Applies to streets and highways that carry traffic from
city to city. Emphasizes mobility throuqh the City. Carries the major
'portion of trips entering and leaving the community, as well as the
'. majority of through movement. Serves the major centers of activity, the
longest trips, and carries a high proportion of urban travel on minimum
mileage. Emphasizes mobility and is usually characterized by restricted
access to abutting property. '
Collector: carries traffic from the arterial systems to local street
destinations, and vice versa. Provides traffic ,circulation within
neighborhoods, and within commercial and industrial areas. "Majo'r"
collector applies to through streets connecting large parts of the City to
streets serving areas with concentrations of multiple family dwellings and
to business, commercial and light' industrial districts. "Minor" collectors
apply 'to residential through streets that carry traffic from multiple
, neighborhoods to the collector arterial network. Operating speeds are at
or above 30 miles per hour and intermittent on-street parking can be
accommodated on a regular basis. ,.
Cul-de-sac: A local street with only one outlet and having an appropriate
terminal for the safe and convenient reversal of traffic movement.
5. Dead End. A street, or a portion thereof, with only one vehicular traffic
outlet. .
6. Frontage road: a ,street directly adjacent to a principal arterial used to
control access to the arterial while also serving adjoining property.
Serves to segregate local traffic from higher speed through traffic and
intercept driveways of residences and commercial establishments along
. the arterial..cancarry ,afunctional classification of collector or local
street depending on projected use.' Also, a street directly adjacent to
railroad right-of-way where access to abutting property is 'only necessary
- on_one side. '
7. Half Street. A street having only one-half of its intended roadway width
developed to accommodate traffic:
Private. A street serving as vehicular access to two (2) or more parcels
of land which is not dedicated to the public and is owned by one or more
private parties.
9. Residential, Neighborhood: Applies to residential streets that carry traffic
into and out of ,a neighborhood. Normaí operating speeds are near ,30
m.p.h. and parking is limited to guests or an occasional delivery trUck.
10. Residential, Local. Applies to residential side streets and to cul-de-sacs
where through traffic is discouraged. Normal operating speeds are
below 25 m.p.h. and on-street parking is rare or prohibited.
DODD. STREET WIDTH. The shortest distance between lines of lots delineating the street
right-of-way.
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EEEE. STRUCTURE. Anything erected with a fixed location on the ground, or attached to
somethi 1g having, a fixed location on the ground or in the ground. Among other things,
structures include buildings, manufactured homes, walls, fences, billboards, swimming
.' pools, ard poster panels. '
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FFFF. SUBDIVISION (OF LAND). A described tract of land which is to be or has been ¡
divided into two or more lots or parcels, any of which resultant parcels is less than two -I
and one-half acres in area, for the purpose of transfer of ownership or building
development, or, if a new street is involved, any division of a parcel of land. The term
includes re-subdivision and, where it is appropriate to the context, relates either to the
process of subdividing,or to the land subdivided. r
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GGGG.SURVEYOR. A land surveyor registered under Minnesota State Statutes. I
HHHH. TANGENT. A straight line that is perpendicular to the radius of a curve at a point on ¡
the curve. I
, 1111. TOWNHOUSES. Structure housing three (3) or more dwelling units contiguous to each !
other only by the sharing of one (1) common wall, such structures to be of the town or
row house type as' contrasted to multiple apartment structures. I
JJJJ. TRACT. A defined area of land, similar to a lot or parcel, that is occupied or will be I
occupied by a building and its accessory buildings, together with such open spaces as ,
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are required under the provisions of the current City zoning regulations, having not less
than the minimum area required by said zoning regulations for a building site in the !
distriCt in which such lot is situated and having its principal frontage on a street.
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KKKK. TRAIL. A linear component of the community's park system.
LLLL. TWO-FAMILY DWELLING. A dwelling designed exclusively for occupancy by two (2) !
families living independently of each other.
MMMrv1.URBAN DESIGN. A street design where adjacent property and right-of-way are .1
graded to the edge of pavement or to the top' of a curb without need for ditch
construction. Surface drainage is primarily carried by the paved street section.
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NNNN. URBAN SERVICE AREA. That portIon of the Çity, as geographically defined- by the I
Comprehensive Plan, which is or has the future potential for development at urban
densities and/or urban uses and in which urban improvements may be required.
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0000. VARIANCE. A relaxation of the terms of this Ordinance where such deviation will not I
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be contrary to the spirit and intent of the Comprehensive Plan and this Ordinance, the
public interest and where due to physical conditions unique to the individual property and ,
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not the result of the actions of the applicant, a literal enforcement of the Ordinance would \
result in unnecessary and undue hardship. I
PPPP. VERTICAL CURVE. The surface curvature on a street centerline' located between I
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lines of different percentage of grades. I
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QQQQ. WETLANDS. The City adopts the definition of "Wetlands" as contained in Minn. I
Stat. 103G.005, Subd. 19. Designations of the Stearns County Environmental Services I
Office of wetlands shall be presumed as accurate when determining the location of }
wetlands.
RRRR ZONING DISTRICT. An area as described by the official zoning ordinance of the City \
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of S1. Joseph.
SSSS.ZONING ORDINANCE. The Ordinance or resolution controlling the use of land as i
adopted by the City. i
City of 51. Joseph Subdivision Ordinance 2003 Page 14 of 14 .1
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. Se lion 54.08: GENE+ PLATTING REQUIREMENTS.
J Subd. 1: Established Monuments. All federal, stala, county and other official monuments, bench
m rks, triangulation poi~ts, and, stations shall be preserved in their precise location; and it shall be the
responsibility of the subdivider-developer to insure that these markers are maintained in good condition
dU~ing construction and development. All section, quarter section, and sixteenth section covers shall be
duly described and tied. ! ' ' '
J Subd. 2:· Land! Suitabilil)! for Subdivision. The Cit~ Council, following consultation with the
PI nning Commission, ~ust find each lot created through subdivision suitable for land subdivision in ¡its
no mal state for the proposed use with minimal alteration. Suitability analysis by the City shall consider
flOïding, existence of we~lands, inadequate drainage, steep slQpes, rock formations or other features with
seyere limitations for development, severe erosion potential, steep topography, important fish and wildlife
ha?,itat, near-shore aquatic conditions unsuitable for water-based recreation, presence of significant
hiStOric sites or any other feature of the natural land likely to be harmful to the safety, welfare or general
. he Ith of future residents, or land which could not be adequately served by utilities or other public facilities
or public access; such land shall not· be subdivided unless adequate methods are provided for
ov rcoming such conditibns; or the land is platted as outlots. ' ,
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Subd: 3: preserlation of Natural Features. The Planning Commission may dedicate or establish
an existing natural feafures in order to preserve any trees, groves, water courses and falls, beaches,
hirriC sites, vistas and ¡similar irreplaceable assets which add value to all developments and to the City
as a whole. ¡ , .
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, Subd. 4: Land Subject to Floodinq. No plat shall be, approved for any subdivision which covers
ani area subject to periodic flooding or which is otherwise poorly drained unless the subdivider-developer
agrees to make improv~ments which will; in the opinion of the City Council, make the area completely
sa[e for occupancy, and¡ provide adequate street and lot drainage and conform to applicable regulations
. of other agencies such as the u.S. ,corps of Engineers and the Department of Natural Resources. In
artion, such plats ma~ not be approved if the cost of providing essential services to protect the flood
pi in area wO~ldimposelan unreasonabl~ eEonomic burden upon the City. ' ,
, ,Subd. 5: Land Descriptions. Minnesota Coordinate System Zones. As established for use in the
C ntralZone, the Minn$sotaCòordinate System of 1927 or the Minnesota Coordinate System of 1983
shall be named, and in[ any land description in which it is used it shall be designated the "Minnesota
c~ordinate System of 1927, Central Zone" or the "Minnesota Coordinate System of 1983, Central Zone."
T e National Ocean Survey/National Geodetic Survey definitions for the, Minnesota Coordinate System,
C ntral Zones, as identif¡ied in Mn. Stat. 505:22 are hereby adopted by reference. ,
Subd. 6: Conveyance by Metes and Bounds. No conveyance of land in which the land conveyed
is described by metes and bounds, or by reference to an unapproved r.egistered land survey made after
th effective date of La~s, 1961, Chapter 626, shall be made or recorded unless the parcel described in
th conveyance meets cine of the three following standards (items A-C). The City may refuse to take over
tracts as streets or roads or to improve, repair, maintain any tracts which have been subdivided in this
mbnner. ' ¡ ,
A. ¡Was a separate parcel of record at the effective date of this Ordinance, or
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B. ¡Was the subject of a, written recorded agreement to convey that which was
¡entered into prior to such a date, or
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C. !Isa single parcel of land not less than two and one-half acres in area and 150
:feet in width.
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City of S1. Joseph Subdivision Ordinance 2003 Page 15 of 15
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Section 54.09: SHORELAND/FLOOD PRONE LANDS. ¡
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Subd. 1: Warninq and Disclaimer of Liability for Floodinq: This Ordinance does not imply that .'
areas outside flood plain areas or land uses permitted within such districts will be free from flooding or ¡
flood'damages. This Ordinance shall not create liability on the part of the City of St. Joseph or any \
officer or employee thereof for any flood, damages that result from reliance on this Ordinance or any
administrative decisions lawfully made thereunder. No responsibility or liability shall arise from the I
design or operation of subdivision drainage facilities dedicated to the City of St. Joseph until the City
has accepted such dedication. I
Subd. 2: Subdivision Floodina and Flood Control: No land shall be subdivided if the City Council I
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finds the land unsuitable for subdividing due to flooding and/or inadequate drainage, water supply, or I
sewage, treatment facilities in accordance with this Ordinance and the Zoning Ordinance. Any building
sites on lots within the flood plain district shall be at or above the regulatory flood protection elevation in I
accordance with this Ordinance and the Zoning Ordinance. All subdivisions shall have water supply and I
sewer disposal facilities that comply with the provisions of this Ordinance and any applicable building, i
health or safety codes, including the Minnesota State Building Code. All subdivisions shall have road
access both to the subdivision and to the individual building sites no lower than two (2) feet below the I
regulatory flood protection elevation. Each öf the above requirements shall take into consideration the
1 DO-year flood profile and, other supporting material data in the Special Flood Hazard Boundary Map,
Flood Insurance Study and/or the Flood Insurance Rate Map. I
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Subd.~: Public Utilities: All public utilities and facilities such as gas, electrical, telephone, sewer,
and water supply systems to be located in the flood plain shall be elevated or flood proofed in !
accordance with the Minnesota State Building Code to an elevation no lower than .the regulatory flood I
protection elevation, in accordance with state and federal agency regulations and the City's Zoning
Ordinance Shoreland Overlay District. .1
Subd. 4: Public Transportation Facilities: Railroad tracks, roads and bridges to be located within
the ShoreJandOverlay District, as defined by the City Zoning Ordinance, shall comply with this
Ordinance and the Zoning Ordinance. Elevation to the regulatory flood protection elevation shall be I
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provided where failare and interruption of these transportation facilities would result in danger to the I
public health or safety or where such facilities are essential to the orderly functioning of the area. Minor
or auxiliary railroad tracks, roads, or bridges may be constructed at a lower elevation where failure or ¡
interruption of transportation services would not endanger the public health or safety and as long as
such construction is in accordance with the rules and regulations of the Minnesota Department of ¡
Natural Resources or other state agencies;' the Federal Emergency Management Agency or other
federal agencies; and/or the City Zoning Ordinance Shoreland Overlay District. I
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City of St. Joseph Subdivision Ordinance 2003 Page 16 of 16 I
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SE 'TION54.10: MINO~ SUBDIVISIONS.
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. Subd. 1: This Sebtion shall apply to the following applications: .
A. I~ the c~se of a request to divide a portion of a lot where the division is to permit .
t?e adding of a parcel of land to an' abutting lot so that no additional lots are
created, and both new lots conform to Zoning Ordinance minimum lot size,
setback and lot coverage standards. '
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B. I~ the case of a request to combine two (2) existing platted lots.
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C. In the case of a request to divide a lot from a larger tract of land and thereby
treating no more than two lots, both of which conform to Zoning Ordinance
rilinimum standards. To qualify, the parcel of land shall not have been part of a
rilinor subdivision within the last five (5) years.
D. I~ the case Qf a request to divide abase lot which is a part of a recorded plat 6n
which has been constructed a two-family dwelling, townhouse or quadraminium,
Vfhere 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 Ordinance, the Zoning
Ordinance, or the State Building Code.
'Subd.2: conteni and Data Requirements. '
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A. The requested minor subdivision shall be prepared by a registered land surveyor
in the form of a Certificate of Survey.
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B. The data and supportive information detailing the proposed subdivision shall be
. as follows:
CERTIFICATE O~ SURVEY: If the property affected is registered land,
a Registered Land Survey shall be required. Ten (10) copies of the
survey shall be submitted to the City Administrator not less than two
weeks prior to the next Planning Commission meeting. Contents of the
Certificate of Survey shall include:
a. North arrow.
b. Lot sizes in square feet, prior to and after the proposed split.
c. Existing buildings and setbacks from proposed lot lines.
d. Tree cover.
e. Legal descriptions for the parcels to be created.
'f. Streets and easements.
2. ADDITIONAL INFORMATION: In addition to the Certificate of survey,
the applicant shall submit:
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i a. A special assessment search.
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i b. Property owners' nc~.mes and addresses and proof of ownership.
I c. Zoning of all affected parcels.
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Subd. 3: The minor subdivision shall conform to all design standards as specified in this
~td~~~~.ce. Any proPos:d deviation from said standards shall require the processing of a variance
. Subd. 4: prOC~Sing of Request for Minor Subdivision Approval.
Ci y of S1. Joseph Subdivision Ordinance 2003 Page 17 of 17
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If the lanel division involves property which has been previously platted, or the I
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total property area included is greater than ten (1 0) acres and two parcels, both I
of which are greater than ten acres, are formed; the City' Administrator may .'
approve the subdivision, provided that it complies with applicable provisions of
this Ordinance. I
B. In the case of applications involving property lying within the Urban Service Area, "
which has not been previously platted, and is less than ten (10) acres in total I
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area; the applicable processing provision of Section 54.14 (Preliminary Plat) shall I
be followed.
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C. All other Minor Subdivision requests shall be approved by resolution of the City I
Council following consultation with the Planning Commission. (
D. Upon execution of the Council's resoluti~n approving the petition for a minor I
subdivision, the City Administrator shall be authorized to sign the deed or .'
registered land survey as meeting the requirements of the City. The Certíficate
of Surveyor Registered Land Survey shall be filed and recorded at the Office of ,
the County Recorder within thirty (30) days of approval. I
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City of St. Joseph Subdivision Ordinance 2003 Page 18 of 18 .,
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SE 'TION 54.11: COMMON INTEREST COMMUNITIES.
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. Subd. 1: Approval. A Common, Interest Community shall be evaluated and considered fçr,
app pval in the same m~nner as a standard plat and shall be subject to the site coverage standards
con ained within the City of St. Joseph Zoning Ordinance.
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, Subd. 2: RequirJments. COmmon Interest Communities shall be subject to aíl use, residential
den ity, setback and hei1ght requirements of the applicable zoning district and any other applicable
sta dard contained in the IGityof St. Joseph Zoning Ordinance.' ,
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Subd. 3: Conv~rsions of CIC's. The conversion of existing common interest communities,
res· rts, manufactured home parks or other similar types of developments from privately owned structures
on leased or rented land, lor the division of several commonly owned structures on a single parcelof land
to irdividuallY owned parcels containing separate structures, shall be by a standard plat pursuant to the
req· irements of this Ordinance and the applicable requirements of Minnesota Statutes, Chapter 515A
and Chapter 515B, or suctessor statutes, and shall be further subject to the following: .
A. Sewage I Treatment: When considering approval of conversions the' Planning
Commiss¡ion shall consider the ~ development as a whole, relative to the provision for
sewer aJ")d on-site sewage treatment systems, and shall require connections to the
municipal, system where they are available. In areas where municipal services are not
available,~ design plans shall be presented and approved for a community wastewater
treatment system as an integral element of the Common Interest Community approval. A
timeline to implement the approved wastewater treatment plan and/or eliminate all
identified I failing sewage treatment systems shall be established by a subdivision or
development agreement. .'
B. conform~ty: The developer shall make every effort' to minimize the degree of
nonconformity with existing lot and area requirements and setback requirements. Lot
. lines shall be arranged to provide the largest possible setbacks between structures that
will become the principal structures on the newly created lots. Accessory buildings shall
be moved or removed when and where possible to create the lowest, most uniform
density p,ossible. -
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C. Density. The conversion shall not result in an increase in residential density, unless the
residential density requirements of the applicable zoning district are met.
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Subd..4: Unified and 'Efficient Use of Space. To the extent possible, the common open space,
'in ividual properties and: other elements of the common interest community shall be so planned that they
will achieve a unified scheme of planning and efficient distribútion of uses.
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Subd.5: Special Conditions for Shoreland Areas;
A. Inconsis~encies between existing features of development and those required by this
ordinance and Ordinance 52 (Zoning Ordinance) shall be identified. However, existing
dwelling I unit or dwelling site densities that exceed standards of Ordinance 52 (Zoning
Ordinance) may be allowed to continue but must not be allowed to be increased either at
the time! of conversion or in the future. Efforts must be made during the conversion to
limit impacts of high densities by requiring seasonal use, improving vegetative screening,
centralizing shore recreation facilities, installing new sewage treatment systems or by
other means.
B. Deficien1cies involving structure color, impervious coverage, open space and shore
recreati6n facilities must be corrected as part of the conversion.
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. C. Shore and, bluff impact must be evaluated and reasonable
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City of St. Joseph Subdivis¡ionOrdinance ,2003 Page 19 of 19
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improvements made as part of the conversion. These improvements must include, I
where applicable, the following: i
1. Removal of extraneous buildings, docks or other facilities that no longer need to .1
, be,located in shore or bluff impact zones. I
'2. Remedial measures to correct erosion sites and improve vegetative cover and !
screening of buildings and other facilities 'as viewed from the water.
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3. If existing dwelling units are located in shore or bluff impact zones, conditions are
attached to approvals of conversions that preclude exterior expansions in any ¡
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dimension or substantial alterations. The conditions must also provide for future !
relocation of dwelling units, where feasible to other locations, meeting all setback
and elevation requirements when they are rebuilt or replaced. ¡
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City of 81. Joseph Subdivision Ordinance 2003 Page 20 of 20 i
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,SECTION 54.12: PREMATURE SUBDIVISIONS.
. Subd. 1: Any pr!liminarYPlat of a próposed subdivision deemed premature for ~evelopment shall
~ be denied by the City Co~ncil. ' , '
I Subd: 2:' ASUbdiivision may be deemed premature should anyone or more of the conditions set
fo h in the following provisions exist:
A. Lack of ldeQuate Drain~Qe: Factors to' be considered in determining a lack of adequate
drainagel shall include, but shall not be limited to:, average rainfall for the area; the relation
, of the land to flood plains; the nature of soils and subsoils and their ability to adequately
support ~urface water runoff and waste disposal systems; the slope of the land and its
effect, on effluents; and the presence of streê3ms as related to efflu~nt disposal. A
condition: of inadequate drainage shall be deemed to exist if:
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1 . Surface or subsurface water retention/detention and runoff is such that it
constitutes a danger to the structural security of the proposed development, 'or
, flOOd of the subdivision or downstream property. ,
2. The proposed, subdivision will cause pollution of water sources or damage from
rOSion and siltation on downhill or downstream land.
3. The proposed site grading and develo~ment will cause siltation on downstream
land.
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B. Lack of 'AdeQuate Water Supplv: A proposed subdivision shall be deemed to lack an
adequate water supply if the proposed subdivision does not have adequate sources of
water or treatment capacity to serve the proposed subdivision if developed to its
maXimu~ permissible density without causing an unreasonable depreciation of existing
. water'su plies for surrounding areas.
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C. Lack of Adequate Roads or HiQhwavs to Serve the Subdivision: A proposed subdivi~ion
shall be deemed to lack adequate roads or highways to -serve the subdivision when:
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1. Roads which serve the proposed subdivision are of such ,a width, grade, stability,
vertical and horizontal alignment, site distance and surface condition that an increase
in trðffic volume generated by the proposed subdivision would create a hazard to '
public safety and general welfare, or aggravate an already hazardous condition, and
wher, with due regard to the advice of the City Engineer, Stearns County Highway
Engineer and/or the Minnesota Department of Transportation, said roads are
inadbquate for the intended use; or
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2. The :traffic volume generated by the proposed subpivision would create unreasonable
traffip congestion or unsafe conditions on highways existing at the time of the
application, or proposed for completion within the next two (2) years.
D. Lack of ~deQUate Waste Disposal Svstems: A proposed subdivision shall be deemed to
lack ad¡qUate waste disposal systems if:
1. In subdivisions for which sewer lines are proposed, there is inadequate sewer
capacity in the present system to support the subdivision if developed to its maximum
permissible density indicated in the S1. Joseph Comprehensive Plan, as may be
amended. ,
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2. SOil[ tests, drain field areas or other such factors relating to on-site waste disposal
systems are judged as inadequate for the use proposed.
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Ci Y of St. Joseph Subdivision Ordinance 2003 Page 21 of 21
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E. ProvidinQ Public Improvements/Protective Services: If public improvements, such as r
recreational facilities, streets and utifities, reasonably necessitated by the subdivision,
which must be provided at public expense, and/or public protection services such as el
police, fire and emergency medical service cannot be provided within the next two (2)
fiscal years.. '
F. Threat to Environmentally Essential Areas: The proposed subdivision is inconsistent with r
policies and standards ofthe City, the County, the State, or Federal Government relating I
to environmentally sensitive areas and protections.
G. Inconsistency With Comprehensive Plan: The proposed subdivision is inconsistent with r
the purposes, objectives and recommendations of the duly adopted Comprehensive Plan I
of St. Joseph, as may be amended.
Subd. 3: The burden shall be upon the applicant to show that the proposed subdivision is not ¡
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City of St. Joseph Subdivision Ordinance 2003 Page 22 of 22 I
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DISQUALIFICATION/DENIAL OF PLATS.
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. . Subd. 1: The Citr Council may deny the subdivision if it makes anyone or more of the following
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A.' That the ¡proposed subdivision is in direct conflict with adopted applicable general and
specific comprehensive plans of the City, County, or Region.
B. That th~1 physical characteristics, of the site, including but not limited to topography,
percolation rate, soil conditions, susceptibility to erosion and siltation, susceptibility to
flooding, ~ater storage, drainage and retention, are such that the site is not suitable for
the tYPEl ~f development, design, or use contemplated.
C. That the ~ite is not physically suitable for the proposed density of development.
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, ,D. That the ~esign of the subdivision or the type of improvements are likely to cause serious
public health problems. . .
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E. That the [design of the subdivision or the proposed improvements are likely to cause
substantial environment?' damage.
F. That thel design of the subdivision' or the type of impro~ements will conflict with
easements of record or .with easements established by judgment of a court. '
G. That the (proposed subdivision, its site, or its design adversely affects the flood-carrying
capacity lof the floodway, increases flood stages and velocities, or· increases flood
hazards ~ithin the floodway fringe or.within other areas of the City. '
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H. The proposed subdivision is inconsistent with the policies and standards of the State-
. defined Shoreland Districts and Wetland Districts.
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Ci y of St. Joseph Subdivision Ordinance 2003 Page 23 of 23
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Section 54.14: PLATTING REVIEW PROCEDURES. (
Subd. 1: Sketch Plan/Pre-Application Meeting. el
A. Purpose. The purpose of the Sketch Plan/Pre-Application Meeting is to provide advice
and assistance to the subdivider-developer as a means of saving time, effort and
financial resources, and to facilitate approval, of the preliminary plat. ¡
B. Pre-Application Meetinq. Prior to the submission of any preliminâry plat the sub-
divider-developer shall meet with the City Administrator, public works staff, city engineer
ând other staff/consultants/utility representatives as warranted to introduce the proposed I
subdivision, to receive information on platting requirements and to determine the !
relationship of the proposed subdivision with the Comprehensive Plan, City Ordinances
and City policies/procedures for the subject area. The City Administrator may opt to refer !
the sketch plan to the Planning Commission. As far as may be practical on the basis of a
sketch plan, the City will informally advise the developer as promptly as possible ofthe
extent to which the proposed subdivision conforms to the standards of this Ordinance,
the Zoning Ordinance and the Comprehensive Plan and will discuss possible plan I
' modifications necessary to secure conformance.
C. Required Materials. At least 24 days prior to the pre-application meeting or at ¡
subsequent informal review with the Planning Commission (if referred by the City
Administrator) the subdivider-developer shall submit 15 copies of a general sketch plan of
the proposed subdivision and preliminary proposals for essential services. The sketch
plan shall be presented in simple form showing any zoning changes which would be [
required, and showing that consideration has been given to existing community facilities
that would serve it, to neighboring subdivisions and development, to the topography of
the area, and to plans for the area. The City Administrator shall distribute copies of the .1
sketch plan to all interested City staff/consultants as warranted for review and comment
prior to the meeting.
D. Sketch Plan Review Declared 'Informal': Such sketch plans will be conside~ed as (
submitted for informal and confidentia! discussion between the developer and the City.
Submission of a sketch plan shall not constitute formal filing of a plat with the City. The
City shall arrange a pre-application meeting with the developer, the City Engineer, Public
Works Staff, City Planner and other departments deemed necessary in order to provide I
the developer: with input on the proposed sketch plan. The Planning Commission and \
City Council may also review the sketch plan and provide advice at the discretion of the
City Administrator. Such informal' review, by the Planning Commission and/or City \
Council shall be a matter of public record, however, any advice, comments or
recommendations or modifications suggested by the City or the Planning Commission
are advisory only and shall not constitute approval or a commitment to approve.
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Subd.~: Ghost Plat (Build-Out Plan) Required.
A. A build out pial'! (ghost plat) shall be required for the following subdivision applications: ¡
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1. Whenever a parcel of land is subdivided and the subdivision plat shows one or
more lots or outlots that may eventually be subdivided into smaller lots. I
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2. Whenever a developer or property owner is platting only a portion of the property
in which they have title to or a legal interest in and the balance of the unplatted I
property is adjacent to the subject property, a build out plan of the entire area
shall be submitted. i
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City of S1. Joseph Subdivision Ordinance 2003 Page 24 of 24 !
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3. Cluster subdivisions or open space design subdivisions that preserve open
. s?ace for future development. ' .
B. Desian R~quirements: The build out plan (ghost plat) shall illustrate the following:
Lbt design consistent with the long term planning for the area (Comprehensive
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Plan). '
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2. Tile layout of future streets. Local streets shall be planned to provide street
connections to adjoining parcels, neighborhoods, or future development open
spaces as a means of discouraging the reliance on County and State roads for
local trips. ' ' ,
,3. E1asement locations for utilities and storm water drainage.
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4. Lbcations of building pads on ,the lots to accommodate future subdivision.
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5. Tihe build out plan may be required to provide information demonstrating how
p,ublic ,utilities may be extended to the subdivision to accommodate future urban
development.
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Subd. 3: Preliminarv Plat Approval.
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Ä; There will be required a cash fee in an amount established by City Council Ordinance.
This fee Will be used for expenses in connection with approval or disapproval of said plat
and aný final plat which may thereafter be submitted.
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B. The City;may require an escrow deposit for a subdivision for the purpose of technical and
.. legal revi:ew òf the proposed plat. The amount of said escrow deposit is to be determined
by the F¡>lanning Commission based upon anticipated cost of review. Such escrow
- deposit when required will ,be over and above the .fee required in 54.14.03(A) of this -
Ordinance. Escrow amounts indicated may not limit the City's analysis of the proposed
plat, nor .the subdivider-developer's liability to pay for each technical or legal review.
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C. The sub~ivider,.developer shall engage a registered land surveyor, or engineer to prepare
a prelimInary plat of the area to be, subdivided. The preliminary plat shall be drafted in
compliance with applicable standards of this Ordinance.
D. The suJdivider-developer shall apply for preliminary plat consideration on the form
supplied! by the City of S1. Joseph. The application will not be considered complete until
all reqUirements are satisfied. The subdivider-developer and/or the developer's assigns
shall be ¡responsible for completing the required application and submitting all necessary
materials. '
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E. Subdivider-developer shall 'review proposed utility easements with utility companies and
submit I letters thereof from each company.
F. The SU~divider-developer shall submit sixteen (16) copies of the Preliminary Plat to the
Administrator at least fourteen (14) days prior to the public hearing considering the
Prelimin1ary Plat. . The subdivider-developer shall inClude a written statement along with
the Preliminary Plat describing the proposed subdivision.' The written statement shall
include ,the anticipated development schedule, a table showing total number of lots and
sizes, utilization of existing natural features and vegetation, etc.
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G. Upon rJceipt of the completed application and submittal of all necessary materials and
. ,fees, th~ City Administrator shall submit copies of the Preliminary Plat to City Department
C ty of St. Joseph Subdivi~ion Ordinance 2003 Page25 of 25
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, Heads, the City Engineer, the City Attorney, the County Engineer if the plat borders a r
county road, the Department of Natural Resources if within the Shoreland Overlay District
and the District Engineer of the Minnesota Highway Department if thè plat borders a ·1
Federal, State or a State Aid Highway.
H.AII City agencies, persons or bodies receiving copies of the Preliminary Plat shall transmit
a report of their reaction together with any supporting material to the City Administrator at I
least ten (10) days prior to the meeting at which such Plat is to be considered. Public
agency reviews are preferred at least ten (10) days prior to the meeting at which the Plat I
is to be reviewed, but no later' than sixty (60) days of receipt of the plat. The
subdivider-developer shall be required to pay any/all costs of such services/reviews. ¡
I. Planninq Commission Review:
1. The Planning Commission may require qualified technical and staff services such as I
economic, engineering and legal review of the Preliminary Plat and advise on its I
suitability regarding general planning; conformity with plans of other private and
public organizations and agencies;, adequacy of proposed water supply, sewage I
disposal, drainage and flood control, special assessment procedures and other
features. The subdivider-developer' may be reqUired to pay the cost of such
services/reviews. ¡
2. The Planning Commission shall hold a public hearing on the Preliminary Plat within
forty-five (45) days of its filing date and the Administrator will publish notice of the
time and place thereof in the official newspaper and send notice to property owners ¡
within 350 feet of the exterior boundary of the proposed plat. In addition, the
developer shall submit to the City Administrator the names and addresses of said
property owners. Notices will be made at least ten (10) days prior to the day of such .1
hearing. Failure of a property owner to receive said notice shall not invalidate any
such proceedings as set forth within this Section provided a bona fide attempt has
been made to comply with the notice requirements of this Section. A Planning
Commission meeting may serve as a public hearing provided the legal requirements _ ¡
pertaining to the same are met. -
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3. ~t the public hearing, the subdivider-developer and all interested persons shall have
the opportunity to be heard. The Planning Commission, at the public hearing, shall ¡
recommend to the City Council one of the following courses of action:
a. Recommend approval of the preliminary plat, as presented. ¡
b. Recommend approval of the preliminary plat, with conditions. I
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c. Recommend denial of the preliminary plat, with reasons. I
4. The Planning Commission may, at its discretion table the matter pending further 1
information from the applicant that will help it render a recommendation to the City I
Council. The City Administrator shall then prepare a written report indicating the
Planning Commission's recommendation of approval, disapproval or approval with I
conditions and submit it to the City Council along with a copy being sent to the I
subdivider-developer within fourteen (14) days of the public hearing. ¡
5. The subdivider:developer shall be notified by the City Adminìstrator of the Planning i
Commission's recommended action together with the reason for such recommended ¡
action and what requirements, if any, will be necessary for the Planning Commission
to recommend approval of the Plat. The recommended approval of the Preliminary
Plat does not constitute an acceptance of the subdivision. ,
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J. City Council Action:
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. 1. Prior to consideration of the Preliminary Plat by the City Council, the subdivider-
developer shall submit an additional five (5) copies of the Preliminary Plat for Council
reVieW¡at least seven (7) days prior to Council consideration. ' .
2. The r~ports and recommendations of City staff and the Planning Commission shall
be entered in and made part of the permanent written record, of the City Council
meeting.
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3. " The Cbuncil shall approve or disapprove the preliminary plat within sixty (60) days
followihg delivery of an application completed in compliance with this Ordinance
unless: an extension of the review period has been agreed upon by the applicant and
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4. If the breliminary plat is not approved by the City Council, the reasons for su~h action .
shall be recorded ,in the proceedings of the Council and shall be transmitted to the
applicant. If the preliminary piat is approved, such approval shall not constitute final
accep~ance of the design and layout. Subsequent approval will be required of the
engineering proposals and other features and requirements as specified by this
Ordin~nce to be indicated on the final plat. The City Council may impose such
conditions and restrictions as it deems appropriate or require sùch revisions or
modifIcations in the preliminary plat or final plat as it deems necessary tò protect the
healt!' safety, comfort, gener~1 welfare and convenience of the City.
5. The City Council reserves the, right to decline approval of a preliminary plat if: due
regard is not shown for the preservation of all natu, ralfeaturès such as, topography,
trees,¡ water courses, scenic points, prehistoric and historical spots, and similar
community assets which, if preserved, will add attractiveness and stability to the
. propqsed development of the property and/or the standards of this Ordinance,
inclu1ing, bu1 not limited to, Section 54.12and/or 54.13 are not met.
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6. The subdivider-developer shall bènotified by the City Administrator, of the City
Cou~cil's action together with the reason for such action and what requirements will
be n~cessary to meet approval of the City Council. The approval of the Preliminary
Plat does not constitute an acceptance of the subdivision, but is deemed to be an
authorization to proceed with the preparation of the final plat. This approval of the
Preliminary Plat shall be effective for a period of one hundred twenty days (120),
unless an extension is granted by the City Council.
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Subd.4: Final plat Approval. . ".
. A. ,Followinl City Council approval of a preliminary plat, the applicant must submit a final
plat to the City within one hundred twenty (120) days of preliminary approval unless
otherwis¢ specified as part of a Development Agreement. If this procedure is not
followedl then approval of the preliminary plat shall be considered void, unless the
applican~ submits a request for time extension in writing thirty (30) days prior to the lapse
of approval and subsequently approved by the City Council. '
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B. The owher shall engage a registered land surveyor to prepare' a Final Plat which shall
constitute that portion of the Preliminary Plat which the owners propose to record and
developl at the time. The scale of the Final Plat shall be not less than one (1) inch to one
hundred (100) feet and shall comply with al conditions and requirements of applicable
regulatibns and all conditions and requirements upon which the preliminary plat approval
. is cond\tioned either through performance' or the execution of appropriate agreements
assuring performance.
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C ty of S1. Joseph Subdivision Ordinance 2003 Page 27 of 27
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C. The owner shall submit a completed application, all required materials and sixteen (16) or j
more copies of the Final Plat to the City Administrator at least sixteen (16) days before el
the Planning Commission meeting at which such Plat is to be considered. Such Final
Plat shall be submitted within one hundred twenty (120) days of Preliminary Plat
approval; otherwise such approval shall become null and void. The owner shall also
submit a title opinion disclosing title to the property and any interests of other parties in I
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the property. I
D. Upon receipt of the completed application, the City Administrator shall transmit one (1)
copy of the Final Plat to each Department Head, the City Engineer, the City Attorney and ¡
other staff/consultants as warranted for comment.
E. The City Administrator, Department Heads, the City Engineer, City Attorney and any \
other staff/consultants consulted shall review the Final Plat and shall transmit a report of
his opinions to the City Administrator at least ten (10) days prior to the meeting at which
such Plat is to be considered.
F. The City Administrator shall formulate a report and deliver the report and a copy of all ¡
required materials and a copy of the final plat to the Planning Commission.
G. Planninq Commission Consideration. The Planning Commission shall study the Final ¡
Plat, considering the reports of the City Administrator, Engineer, City Attorney, and other
departments and/or employees and then shall transmit its recommendation to the City
Council within thirty (30) days after submittal to' the City' Administrator. The City ¡
Administrator shall notify the applicant of the Planning Commission's recommendation
within ten (10) days of the action.
H. ' City Council Consideration. The City Council shall act upon the Final Plat within thirty el
(30) days of the Planning Commission's recommendation. The Administrator shall notify
the applicant of the City Council's action within ten (10) days following the action. If the
municipality fails to certify final approval as so required, and if the applicant has complied I
with all conditions and requirements, the application shall be deemed finally approved,
and upon demand the municipality shall execute a certificate to that effect.
I. Recordinq of Final Plat. The owner, applicant and/or subdivider-developer shall file the f
approved Final Plat with the County Recorder within sixty (60) days of Final Plat \
approval, otherwise such approval shall be considered null and void. A certified mylar
copy of the plat evidencing filing of the plat with the County shall be supplied to the City I
within sixty (60) days after approval by the City. No building permits shall be approved, I
for construction of any structure on any lot in said plat until the City has' received
evidel}ce of the plat being recorded by Stearns County and conditions of the I
Development Agreement have been met. In addition to the above requirements, the I
owner shall file with the City Administrator four full-sized completely executed mylar of ¡
the Final Plat, two full-sized blue line copies of the Final Plat, and one reduced mylar of
the lot and block layout at a size of eleven inches by seventeen inches (11" x 17"). !
Subd. 5: Should the applicant desire to amend a Preliminary Plat as approved, an amended
Preliminary Plat may be submitted. The City may require the applicant to follow the same procedure as a
new preliminary plat. No public hearing will be required unless the amendment, in the opinion of the City I
Council, is of such scope as to constitute a new preliminary plat. A filing fee as established by the City
shalf be charged for the amendment processing.
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Sect on 54.15: PLAT DATA REQUIREMENTS.
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"e Pr~liminarv Plat Reauirements. The Preliminary Plat shall contain the following information:
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A. General Information:
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1. Propbsed name of subdivision. Names shall not duplicate or too closely resemble
namès of existing subdivisions. '
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2. Loca'tion of boundary lines in relation to section, quarter section or quarter-quarter
section lines and any adjacent corporate boundaries, comprising a legal description
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of the property. .
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3. Nam,es and addresses of the developer and the designer making the Plat.
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4. Scale of plat, not less than one (1) inch to one hundred (100) feet. Scale of plat (the
scale to be shown graphically and in feet per inch).
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Date and north point.
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Dater of preparation.
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7. The; legal description of the land contained within the subdivision including the total
acreage of the proposed subdivision.
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8. An ihdiccition as to which lands are registered Torrens property or abstract property.
If lard is registered property, a registered land survey shall be required.
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9. Existing and proposed covenants, liens or encumbrances.
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10. Elevation benchm-arks used for the topographic survey and datum on which, they
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11. Reference to the coordinate system use for the survey.
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12. Retults of site evaluation, including percolation tests and soil borings.
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B. Existinq conditions:
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1. Boundary lines to include bearings, distances, curve data, and total acreage of
proposed plat, clearly indicated.
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2. EXIsting zoning classifications for land in and abutting the subdivision.
3. Total area of the proposed plat
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4. Location, width and name of each existing or platted street or other public way,
railroad and utility right-of-ways, public and priyate easements, parks and other
public open spaces, and permanent buildings, within and adjacent to the proposed
subdivision. Where a street is improved, the location, type, and width of the
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improved section shall be shown.
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5. Alii existing utilities, both overhead and underground within and adjacent to the plat.
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6. Sanitary sewers, storm sewers and culverts, including manhole invert and top I
casting elevations, culvert entrance and outlet elevations, and pipe sizes and
locations. Water mains including hydrant locations and pipe sizes. ' -r
7. Overhead and underground electrical, telephone, and gas lines. Manholes, !
pedestals, and similar appurtenances shall be shown.
8. Names of adjacent subdivisions and owners of adjacent parcels of unsubdivided I
land, within one hundre,d fifty (150) feet, including all contiguous land owned or
controlled by the applicant.
9. Topography with contour intervals of not more than two (2) feet related to USGS !
Datum. Topographic maps developed from aerial topography shall be verified with
spot elevations taken in the field; a minimum of four spot elevations taken at the \
outer limits of the plat (four corners) shall be required along with one additional
elevation for each five acres of area to be covered by the plat. Topography shall
include the location and limits of water courses, marshes, low wet areas, drainage
ways, bodies óf open water including the highest known water level, ravines, I
quarries, bridges, culverts and other surface structures, wooden areas, rock out l
crops, and other natural features as may be pertinent to the subdivision.
10. The City may require additional topographic data on the area to be platted or on ¡
surrounding properties where necessary to properly evaluate drainage
considerations.
11. Subsurface conditions on tracts for subdivisions utilizing individual water and !
sewage disposal systems; location and results of tests to ascertain subsurface soil,
rock and groundwater conditions and availability;, location and results of soil _I
percolation tests.
.12. One hundred (100)-year flood elevations, the regulatory flood protection, and
boundaries of floodway and flood fringe areas, if known, taking into consideration ¡
tl'te Flood Hazard Boundary Map or Flood Insurance Study and Flood Insurance-
Rate Map.
13. A statement certifying the environmental condition of the site including the presence \
of any hazardous substance as defined in Minnesota Statutes 115B.02, Subd. 8. )
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Such statement may be required to be based upon an environmental assessment of
the site by an environmental engineering firm acceptable to the City. (
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14. Geotechnical data prepared by a qualified soils engineer showing surface and !
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subsurface soils and groundwater in sufficient detail to show the site to be suitable
for the development proposed. !
15. In shoreland overlay districts as indicated in the City's zoning ordinance, extent of
anticipated vegetation and topographic alterations; near-shore aquatic conditions, I
including depths, types of bottom sediments and aquatic vegetation. I
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16. All existing survey monuments that have been found.
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17. Areas in the plat which have been designated as shoreland, wetlands and/or i
floodplains by the Department of Natural Resources and the City of S1. Joseph's
Shoreland Overlay District as set forth within the City's zoning ordinance. including
the high water mark of all wetlands. ì
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C. Proposed Development:
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1. The location and width, of proposed streets, roadways, alleys, pedestrian ways and
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easements. '
2. The location and character of all proposed public utility lines including gas linesi
pow~r lines and telephone lines. ',I
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3. LayoLt numb~rs and dimensions of lots and a number or Jetter of each block.
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4. Location and, size of proposed parks, playgrounds, churches, or school sites or
othe~ special uses of land to be considered for dedication to public use, or to be
rese~ved by deed of covenant for the use of all property owners in the subdivision
and any conditions or such dedication or reservation.
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5. Building set-back lines with dimensions. '
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6. Indidation of any lots on which use other than residential is proposed by the
subdivider.
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7. The :zoning districts, if any, on and adjacent to the tract.
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8. Buil(;iing pads intended for construction.
D. Supplementary Requirements. Two (2) copies of each ofthe following submittals shall
acc mpany the Prelimina~yPlat: .
1 . Plan land profile sheets showing the layout of, each street, the existing centerline
. surfaçe grades, proposed centerline grades including gradients, PVI locations and
elevations, and length of vertical curves. Existing grades may be developed from the
topographic map. -
2. Typical sections for each different street type. Sections shall show the width of the
paveþ surface (distance between gutter lines where concrete curb and gutter is to be
provided), street crown, boulevard width and slope in cut and fill sections, and back
slop¿s in cut and fill sections. The full section shall show grading to each property
line'j, ' ,
3. A "d~ainage and utility plan" showing the approximate location and proposed size of
sani\ary sewers, water mains, and facilities for handling surface runoff (storm sewers,
detertion or retention facilities, ditches or swayles, culverts, etc.). The plan shall be
drawn on a reproducible copy (mylar) of the Preliminary Plat complete with all
topographic information. Proposed manhole inverts shall be shown for sanitary and
storm sewers along with the invert elevations of culvert entrances and outlets. If a lift
statibn is contemplated for the sanitary sewer system, the service area shall be
deli~eated on a vicinity map provided separately or inset on the plat. Where
deteption or retention facilities are contemplated, their location and approximate size
shall be shown on the plan; before the final plat is accepted, a detailed preliminary
design must be provided for the ponds or basin as set forth elsewhere herein. The
land: used for construction of a detention' or retention' facility shall not overlap the
mini~mum area required to plat the lot.
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4. A vicinity map at a legible scale (one (1) inch equals one thousand (1,000) feet or
largrr) shall be provided separately or inset on the Preliminary Plat. The map shall
show the surrounding area within one-half mile of the proposed plat in all directions,
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City of S1. Joseph Súbdivision Ordinance 2003 Page 31 of 31
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shall show the arterial and collector streets near the proposed plat, and shall, show I
utility connections too remote to be shown on the Preliminary Plat.
5. The applicant shall supply proof of title and the legal description of the property for .'
which the subdivision is requested, consisting of an abstract of title or registered /
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property abstract currently certified together with any unrecorded documents
whereby the petitioners acquire a legal ownership or equitable ownership interest !
and as applicable, supply documented authorization from the owner(s) of the
property in question to proceed with the requested subdivision. ,
6. Landscape plan. [
7. The location of any wetlands lying within the proposed plat.
8. The applicant shall submit any necessary and requested applications for variances \
from the provisions of this Ordinance and the St.JosephZoning Ordinance as set
forth in Section 52.07.02 of this the St. Joseph Zoning Ordinance.
9. Additional data may be required when, in the opinion of the City, it is necessary to ¡
make a proper determination of site suitability for the type of development intended,
or when the City or property owners outside of the area to be platted may incur costs !
for improvements generated by development. Such additional data may include, but \
not be limited /to: soil surveys and borings, water table determinations, location of
flood plain or flood fringe areas, additional drainage analyses, estimates of costs for
proposed improvements, and other data as the City may require. I
E. The preliminary plat application shall be considered as being officially submitted only
when deemed complete by the City in conformance with required application materials, \
information requirements, supporting documentation and appropriate fee paid. .i
Subd.2: Final Plat Requirements. The Final Plat shall contain the following information: I
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A. The Final Plat prepared for recording purposes shall be prepared in accordance with
provisions of state statutes and county regulations.
General Requirements: í
B. I
1. Name of subdivision (not to duplicate or too closeJy approximate the name of any ¡
existing subdivision). ¡
2. Location by section, township, range, county and state, and including descriptive
boundaries of the subdivision, based on an accurate traverse, giving angular and !
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linear dimensions which must mathematically close. The allowable error of closure ¡
on any portion of a Final Plat shall be one (1) foot in five thousand (5000) feet.
3. The location of monuments shall be shown and described on the Final Plat.
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Locations of such monuments shall be shown in reference to existing official
monuments or the nearest established street lines, ínclu'ding true angles and
distances to such reference points or monuments. Permanent markers shall be ,
placed at each corner of every block or portion of a' block, points of curvature and !
points of tangency on street lines, and at each angle point on the boundary of the
subdivision. A permanent marker shall be deemed to be a steel rod or pipe, one-half
(1/2) inch or larger in diameter extending at least three (3) feet below the finished !
grade. In situations where conditions prohibit the placing of markers in the locations
prescribed above, off-set markers will be permitted. The exact location of all markers .1
shall be shown on the Final Plat, together with accurate interior angles, bearings and
City of St. Joseph Subdivision Ordinance 2003 Page 32 of 32 l
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dista~ces. , Permanent monuments shall be placed at all quarter section points within
the s bdivision or on its perimeter.
. 4. LocatIon of lots, streets, pUblic highways, alleys, parks and· other features, with
accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs
of alii curves, and with all other information necessary to reproduce the plat on the
grou~d. Dimensions shall be shown from all angle points and points of curve tò lot
lines. 1 '
5. Lots shall be numbered clearly and legibly. If blocks are to be numbered or lettered,
these) should be shown ~clearly in the center of the block. A tabulation showing the
computed area in square feet of each lot, outlot, and park area shall be shown on the
plat I
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6. The exact locations, widths, and names of all streets to be dedicated.
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7. LocaÌion and width of all easements to be dedicated.
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8. Boun;dary lines and description of boundary lines of any areas other than streets and
alleYj which are to be dedicated or reserved for public use.
9. BUilding set-back lines on front and side streets with dimensions.
10. Name and address of developer and surveyor making the Plat. .
11. Scale of Plat (the scale to be shown graphically and in feet per inch) date and north
point,
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12. Stat~ment dedicating all easements as follows:' Easements for installation and
. maintenance of utilities and drainage facilities are reserved over, under and along the
strip~ marked "utility easements,""drainagèeasements," or "draiñage and utility _
easements." , ,
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13.Stat~ment . dedicatin~ all streets, alleys and other public' areas not previously
dedicated as follows: Streets, alleys and other public areas shown on this Plat and
not heretofore dedicated to public use are hereby so dedicated.
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14. Statement establishing building set-back lines as follows: Building set-back lines are
her~by established as' shown on the. accompanying plat and no building or portion
thereof shall be built between this line and a street line. '
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C. Certification required on Final Plats.
1. Notarized and certification by a registered land surveyor, to the effect that the Plat
represents a survey made by, the registered individual and that monuments and
markers shown thereon exist as located and that all dimensional and geodetic details
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are, as represented. .
2. ceriification showing that all taxes and special assessments due on the property
havf been paid in full.
3. Sp~ce for Certificates of Approval to be filled in by the signatures of the Chairman of
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the planning Commission and the Mayor and Administrator of the City.
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a. "(he form of approval by the Planning Commission is as follows:
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C ty of St. Joseph SUbdiviJion Ordinance 2003 Page 33 of 33
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"Approved by the Planning Commission of the City of St. Joseph this _day of ¡
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Chairman (
ATTEST:
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Secretary I
b. The form of approval by the City Council is as follows: ¡
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"Approved by the City Council of S1. Joseph, Minnesota, this _ day of ,20_. !
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Mayor I
ATTEST: ¡
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City Administrator
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D. Supplementary documents and information.
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1. Copies of any private restrictions affecting the subdivision or any part thereof.
2. Developers Agreement covering proposed improvements. ' ,
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3. A preliminary design shall be submitted for any storm - water detention basin or pond
contemplated in the subdivision. The submittal shall include the design criteria used, a
watershed map, approximáte size of inlet and outlet pipes, volume of water to be I
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stored, normal ground and water elevation and enough typical sections to enable the I
City to determine what the facility will look like, what the effect on adjacent property will
be and to insure that enough Jand has been set aside. !
4. Revised street, utility and drainage layout. ¡
5. Financial guarantee of cash escrow or letter of credit, as provided for in Section 54.17 I
of this Ordinance. !
6. A complete set of construction plans containing plans and specifications to construct \
the required public improvements and to make the subdivision suitable for !
development, which conform to the City requirements. These documents will be i
prepared by the City for projects following the publicly financed public improvement
process. r
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Subd. 3: Documentation required following approval.
A. Three complete sets of 11" x 17" reproducible, as-built construction drawings for any I
public improvements constructed in the subdivision shall be furnished to the City for the
City files and City Engineer, within one hundred twenty (120) days after the construction .!
is complete and approved by the City. In addition one (1) digital GIS formatted copy and
City of S1. Joseph Subdivision Ordinance 2003 Page 34 of 34 i
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, one scanned copy for imaging shall be submitted to the City.
B. Upon adoption and filing of a final plat, the City shall prepare a street address map and
distribute it to I the applicant, utility companies, police department, ambulance, fire
department, post office and County. ' '
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C. A disk of the recorded plat in AutoCadd or other approved format for inclusion in the
City's base map.
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City of 81. Joseph Subdivisìon Ordinance 2003
Section 54.16: MINIMUM DESIGN STANDARDS.
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Subd. 1: General Standards.
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A. Design standards shall assure that the layout of the subdivision is in harmony with the
existing adopted plans affecting the development of its surroundings and shall be in
harmony with existing development unless the proposed development is part of a larger
redevelopment plan
B. Land which the Planning Commission finds to be unsuitable for a subdivision or a
development due to flooding, improper drainage, steep slopes, rock formations, adverse
earth formations or topography, utility easements, or other features which will reasonably
be harmful to the safety, health, and general welfare of the present or future inhabitants
of the subdivision and/or its surrounding' areas, shall not be subdivIded or developed I
unless adequate methods are formulated by the subdivider-developer and approved by
the Planning Commission and City Council to solve the problems created by the I
unsuitable land conditions. Such land shall be set aside for uses as shall not involve
such a danger. I
C. The rigid rectangular grid iron street pattern need not necessarily be adhered to, and the
use of curvilinear streets and U-shaped streets, typical of cluster type subdivision layout I
shall be encouraged where such use will result in a more desirable and efficient use of
the land.
D. In subdivision of land, due regard shall be shown for all natural features which, if ¡
preserved, will add attractiveness and stability to the proposed development and which
shall alter normal lot planning. Due regard shall be shown for existing wetlands and their
protection. The size of proposed lots shall take into consideration setback requirements .1
established by the Sf. Joseph Zoning Ordinance with regard to wetlands.
Subd. 2: Blocks. -
A. Block Lenqth. In general, intersecting streets, determining-block lengths, shall be r
provided at such intervals as to serve cross-traffic adequately and to meet existing
, streets. Where no existing plats control, the blocks in residential subdivisions shall
normally not exceed one thousand-three hundred (1,300) feet in length nor be less than f
three hundred (300) feet in length, except where topography or other conditions justify a I
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departure from this maximum. In blocks longer than eight hundred (800) feet, pedestrian
ways and/or easements through the block may be required near the center of the block. í
Blocks for business or industrial use should normally not exceed six hundred (600) feet in i
length. I
B. Block width. The width of the block shall normally be sufficient to allow two (2) tiers of !
lots of appropriate depth. Blocks intended for business or industrial use shall be of such i
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width as to be considered most suitable for their respective use, including adequate
space for off-street parking and deliveries. {
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Subd.3: Streets and Alleys.
A. Arranqement of Arterials and Collectors. The arrangement of arterial and collector ¡
streets shall conform as nearly as possible to the S1. Joseph Comprehensive Plan. {
Except for cul-de~sacs, streets normally shall connect with streets already dedicated and
adjoining or adjacent subdivisions, or provide for future connections to adjoining
unsubdivided tracts, or shall be a reasonable projection of streets in the nearest ¡
subdivided tracts; The arrangement of arterial and collector streets shall be considered i
in their relation to the reasonable circulation of traffic, to topographic conditions, to run-off .¡
City of S1. Joseph Subdivision Ordinance 2003 Page 36 of 36 I
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ofstorrri water, to public convenience and sáfety and in their appropriate relation to the
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proposed uses of the area to be served. '
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. B. ArranQe~ent of Local Streets. Local streets should be so planned as to discourage their
use by ~on-Iocal traffic. Dead end streets are prohibited, but cul-de-sacs will be permit~ed
where t?,pography or other conditions justify their use. Jogs at irltersections shall ,be
avoided ,wherever possible. :
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C. Future Streets. Where the plat to be submitte,d includes only part of the tract owned or
intended for development by the subdivider, a tentative plan of a proposed future street
system for the unsubdivided portions shall be prepared and submitted by the, subdivider.
A temporary turn-around facility shall be 'provided at the closed end, in conformance with
cul-de~sac size requirements. , ,
D. Out LotJ and Oversized Lots. When á tract is subdivided into larger than normal building
lots or p'areels, such lots or parcels shall be so arranged as to permit the logical location
and op~ning of future streets and appropriate, subdivision, with provision for adequate
utility cornections for such re-subdivision.
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E. Intersections. Under normal conditions, streets shall be laid out so as to intersect as
nearly as possible at right angles, except where topography or other conditions justify
variations. .
F. ArranQe~ent of FrontaQe Roads. Wherever the proposed subdivision contains or' is
adjacent to the right-of~way of a railroad or a limited access arterial, provision shall be
made fqr a frontage road adjacent to and more or less parallel with said right-of-way, or
for a st~eet at a distance suitable for the appropriate use of land between the street and
said right-of-way. The frontage road shall be designed with due consideration for outer
paveme'nt separation, traffic storage at cross streets, and approach connections to future
. grade srparations.
G.' Arranqe'ment of Allevs. Alleys shall be provided in commercial and industrial districts,
except that this requirement may be waived where other definite and assured provision is -
made f9r service access, such as off-street loading, unloading and parking consistent
with and adequate for the uses proposed. Except where justified by special conditions,
such a$ the continuation of an existing alley in the same block, alleys will not be
approved in residential districts. Dead end alleys shall be, avoided wherever possible, but
if unavoidable, such dead end alleys may be approved if adequate turn around facilities
are pro-Jided at the closed end.
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H. Half Str~ets. Dedication of half streets will not be allowed.
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I. General Desiqn Standards. The following design standards shall be observed as
minimum requirements. Where in the opinion of the Planning Commission sound
engine~ring judgment, dictates more stringent requirements in a given situation, the
minimur;n requirements shall be adjusted accordingly.
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J, Riqht-of-Wav - Urban Desiqn: The following minimum right otway, curb-to-curb paved
width, horizontal radii and design strength shall be observed for streets accommodating
two-wa* traffic.
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Street I R/W Width Radii Strenqth
Principal Arterial Design Design Design ' 10-ton
Minor Artbrial 100 ft. 44 ft. Design 10-ton
Major Collector 80 ft. 40 ft. 300 ft. 9-ton
Minor Collector 80 ft. 38 ft. 300 ft. 9-ton
. Neighbor~ood Residential 66 ft. 36 ft. 200 ft. 9-ton
C ty of St. Joseph Subdivi~ion Ordinance 2003 Page 37 of 37
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Local Residential 60 ft. 32 ft. 50 ft. 7 -ton I
Frontage 50 ft. 28 ft. 200 ft. ' 9-ton I
Trail 16 ft. 8 ft. N/A 7 -ton .\
Pedestrian Way 12 ft. 6 ft. N/A N/A
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Principal and Minor Arterials shall be designed to 9-ton for winter carryover; they shall
assume their 10-ton capacity rating when the final layers of surfacing have been placed. !
Collector and residential streets shall be designed to 7 -ton for winter carryover; they shall
assume their 9-ton capacity rating when the final layers of surfacing have been placed.
One way-streets shall be a special design subject to the approval of the City Engineer. ¡
K. Rural Desian Standards. Rural design streets shall meet the minimum standards for
urban design. These standards may be increased as necessary to accommodate a !
higher design speed, ditch sections, and drainage facilities.
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Street , Feet Reauired Paved Riqht-of-Wav
Principal Arterial Special Design Special Design I
Minor Arterial 100 44
Collector 80 44
Local 80 32 or 36
Frontage 50 24 1
Alley 20 16
Pedestrian Way 10
L. Cul-de-sacs: Cul-de-sacs shall normally not be longer than five hundred (500) feet measured ¡
along the street centerline from the intersection of origin to the center point of the
turn-around. The turn-around shall have a minimum curb radius of fifty (50) feet and a
minimum right-of-way radius of sixty (60) feet. .1
M. Private Streets. Private streets shall be prohibited and no publiC improvements shall be
approved for any private street. All streets shall be dedicated for public use. If any person !
applies to subdivide or replat any land or parcels adjoining an existing- private street" the
private street shall be required to be dedicated for public use and scheduled for improvement
to public street standards at the time of final plat.
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N. Intersections: The minimum angle of intersection of streets shall be eighty (80) degrees. ¡
Street intersection jogs with an off-set of less than two hundred (200) feet shall be prohibited;
O. Street Grades: The grades on streets in the proposed subdivision shall fall within the (
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following range: i
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Street Minimum Maximum ¡
Principal Arterial 0.04% 5%
Minor Arterial 0.04% 5%
Collector 0.04% 8%
Local 0.04% 8% i
Frontage 0.04% 8% I
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Alley 0.04% 8%
Pedestrian Way 0.04% 5% !
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Street grades exceeding two (2) percent will not be allowed within a distance of ¡
fifty (50) feet from the near curb line or pavement edge of any intersection.
Vertical Curves: Vertical Curves shall be designed based on proper site distance. In no case
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will centerline vertical curves shorter than 50 feet be allowed.
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City of S1. ~oseph Subdivision Ordinance 2003 Page 38 of 38
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Q. DrainaQe Fac¡lities: Storm sewers, culverts and ditches shall be designed to accommodate a
five-year or g'reater frequency storm. Low points shall have an overflow that will directthe
. runoff from al1 OO-year frequency storm to a satisfactory outlet without damage to property or
structures. "(The rate of runoff from new development shall not exceed the rate from pre-
development conditions.
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R. Detention or !Retention Facilities:
1. ' Detention! ponds Or basinsshall, as a minimum, be designed to accommodate the critic~1
duration~mehundred(100) year frequency rainfall event. Retention ponds or basirls
shall, as la minimum, be designed to accommodate the critical duration one hundred
(100) year runoff event whether it be from rainfall, snowmelt, or a combination thereof.
All pondsl or basins shall have a one footfreeboardlocated entirely within the outlot set
aside for; the pond or basin. Where additional protection is warranted, the above
frequencies or freeboard shaH be increased as the Engineer designing the facilities
deems necessary:
2. IrragUlarfhapas for ponds or qaslns ara desirable and Òncouraged. ~asin bottoms shall
have at I, ast a two percent (2%) slope to the outlet. Pond or basin side slopes shall not
be steep;er than 6:1 (six horizqntal to one vertical) except that slopes adjacent to
permanept standing water shall not be steeper than 1 0:1 {ten horizontal to one vertical)
for a minimum distance of twenty (20) feettrom the edge of the standing water. Ponds or
basins d~eper than six (6) feet' (depth to dry bottom or' permanent standing, water) shall
be terraced with twenty (20) foot wide surfaces no steeper than 10:1 (ten horizontal to
one vertical). A twenty (20) foot access easemen,t shall be provided from a riear streetto
the pond! area for maintenance purposes. Ponds shall have a normal water depth of at
least fouÇ(4) feet and shall have enough surface area to ensure goodwater quality year
round. Detention or retention facilities shall be, located as far as possible from building
pads. The one-foot freeboard contour above the high water level shall be at least one
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. hundred '(100) feet from any building pad.
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S:' .. Street Intersection Offsets: 'Street intersection jogs with,centerline offsets of less than two
hundred (200) feet shall be prohibited. In general, provisions shall be made at intervals not
exceeding o~e-half (1/2) mile for through streets (streets runqing through the subdivision ,in å
fairly direct manner). Wnere any street intersection will involve earth banks or existing
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vegetation i1side ay lot corner, th~t would create a traffic hazard by limiting visibility, the
developer s~all cut such ground and/or vegetation (including trees) in connection with the
grading of t~epublic right~of-way to the extent deemed necessary to provide an adequate
sight distance.
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T. Existinq Streets of ,Inadeauate Width. ,Where a subdivision abuts or contaills an existing
street ofinagequate width, sufficient additional width shall be provided to meet the standards
of this Ordinance.
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u. Restriction¿fAccess: Access of local streets onto arterial and collector streets shall be
diSCOUragedr intervals Of less than five hundred (500) feet.
V. Curb and G tter: All Urban streets, and all streets in commercial and industrial areas, shall
have curb aQd gutter in compliance with established City standard detail plates.
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W. Street Name Desiqnation: Streets shall be designated pursuant to established City standards
in complian~e with these standards and as approved by the City Council. The following
policies may be generally applied when designating awkward street and ,avenue
configurations:
1.cul-deJacs less than,three hundred (300) fe,e~ shall assUme the designation of thestreet
.. or avent1e theyabut.
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Ci yof SLJosephSubdivision Ordinance 2003 Page 39 of 39
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2. Loops shall be designated in a manner consistent with the surrounding area; however, .¡
short loops shall be designated with the descriptive term "circle".
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3. Names of new streets shall not duplicate existing or platted street names, unless a new !
street is a continuation of, or in alignment with, the existing or platted street. In that event,
it shall bear the same nameofthe existing or platted street. Street names shall conform ¡
to the City's street naming and property numbering system as applicable.
x. Streets in Flood Hazard Areas: No street shall be approved if its final surface is lower than
two (2) feet below the regulatory flood protection elevation. The City Council may require I
profiles and elevations of finished streets for areas subject to flooding. Fill may be used for I
streets, provided such fill does not unduly increase flood heights and provided any such fill
would not result in a stage increase violating the requirements of Minnesota Statutes \
Chapters 104 and 105, as such chapters may be amended, supplemented, or replaced from I
time to time" and any applicable requirements imposed by FEMA 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 ¡
Minnesota Statutes' . Chapters 104 and 105, as such chapters may be amended,
supplemented, or replaced from time to time, and any applicable requirements imposed by
FEMApursuant to its rules and regulations. ¡
SLJbd. 4: Lots.
A. Size and Dimension. The minimum width of a lot for residential development shall be ¡
seventy-five (75) feet for a rectangular lot and not less than seventy-five (75) feet at the front
buil,ding set-back line for lots whose side lines are radial to the curved streets, except in
unusual situations. The minimum depth of a lot for residential development shall be one .1
hundred twenty-five (125) feet for a rectangular lot and not less than one hundred twenty-five
(125) feet at the center of the lot for lots whose front lines are radial to the curved streets,
except in unusual situations. In no case shall a lot in a residential district contain less than
eleven tháusand (11 ,ODD} square feet in a R~1 Zone. I
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B. Corner Lots. Corner Lots for residential use shall have sufficient width to permit appropriate
building set back from both streets and be a minimum fifteen (15) feet wider than the required !
minimum lot width for the respective zoning district.
C. Side Lines. Side lines òf lots shall be approximately at right angles to street lines or radial to
curved street lines. I
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D. Double Frontaqe Lots. Double frontage lots shall bè avoided except where lots back on a \
thoroughfare or other arterial streets, or where topographic or other conditions render ,
subdividing otherwise unreasonable. Such double frontage lots shall have an additional I
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depth of at least twenty (20) feet in order to allow space for screen planting along the back lot I
line.
E. Required Frontaqe. Every lot must have at least the minimum required frontage on a public ¡
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dedicated street other than an alley.
F. Buildinq Lines. Set-back or building lines shall be shown on all lots intended for residential \
use and shall not be less than the set-back required by the Zoning Ordinance. On those lots ¡
which are intended for business use, the set-back shall be at least that required by the
Zoning Ordinance. ,
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G. Natural Features. In the subdivision of land, due regard shall, be shown for all natural ¡
, features which, if preserved, will add attractiveness and stability to the proposed development .1
and which may alter normal lot planning.
City of St. Joseph Subdivision Ordinance 2003 Page 40 of 40 \
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H. Lots Alono lenal Streets/Railroads. Residential lots shall be separated from highways,
. arterial streets and railroad right-of-ways by a fifteen (15) foot buffer strip, which may be in
the form of ~dded depth or width of lots backing on or siding on the arterials or railroad
, right-of-ways.!
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I. Lot Remnants. Lot remnants which are belÐw the minimum lot size must be added to
adjacent or surrounding lots rather than be allowed to remain as an unusable outlot or parcel
unless the subdivider-developer can show plans for the future use of such remnant.
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J. . " I Lots intended as controlled accesses to public
Controlled Access or Recreational Lots.
. waters or for ;rec~eational ,use areas for use by nonriparian lots within a subdivision must meet
or exceed the following standards: '
1. They mubt meet the width and size requirements for residential lots, and be suitable for
the inten~ed uses of controlled access lots.
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2: If docking, mooring or over-water storage of more than six (6) watercraft is to be allowed
at a controlled access lot, the width of the lot (keeping the same lot depth) must be
increase~. by the percent of the requirements for riparian residential lots for each
watercraft beyond six (6), consistent with the following table:
Ratio of Lake Size (acres) Required Increase
to Shore Lenqth(miles) in Frontaqe (%)
Less than 100 25
100-200 20
201-300 15
301-40010 .
. jore than 400 5
3. They must be - jointly owned by all purchasers of lots in the subdivision or by all
purchasêrs of non-riparian l'ots in the subdivision who are provided riparian access rights
on the access lot; and~
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K. Covenants ~r other equally effective legal instruments must be developed that specify which
lot owners have authority to use the access lot and what activities are allowed. The activities
may include watercraft launching, loading, storage, beaching, 'mooring or docking. They
must also in1clude other outdoor recreational activities that do not significantly conflict general
public use of the public water or the enjoyment of normal property rights by adjacent property
owners. E~amples of the non-significant conflict activities include,swimming, sunbathing or
picnicking.¡rhe covenants must limit the total number of vehicles allowed to be continuously
moored, parked or stored over water and must require centralization of all common facilities
and activities in the most suitable locations on the lot to minimize topographic and vegetation
alterations. ¡They must also require all parking areas, storage buildings and other facilities to
be screene? by vegetation or topography as much as practical from view from the public
" water, assuming summer, leaf-on conditions.
L. Buildable Llts. Buildable Lots are those lots that are multiples of the minimum lot. As such
building sites should be located on buildable lots such that at a later date the buildable,lot
may be broken into minimum lots that contain suitable building sites.
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M. Lot pads. 1jhe top of the foundation and the garage floor of all structures shall be a minimum
of twelve inches (12") and a maximum of thirty-six inches (36") above the grade of the crown
of the street upon,which the property fronts. Exceptions to this standard may be approved by
the City Administrator for special circumstances such as increased setback, site topography,
. flooding potential, septic system operation and the like, provided that proper site and area
drainage is: maintained and the elevation of the structure is in keeping with the character of
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C ty of St. Joseph Subdivi~ion Ordinance 2003 Page 41 of:41
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the area. The City Administrator may require a certificate of survey prior to building permit
issuance to assure' compliance with this, section if lot pads are not installed as part of thè I
subdivision process. el
N. Re-Subdivision of lots. When a tract is subdivided into larger than normal building lots or I
parclsls, such lots or parcels shall be so arranged as to permit the logical location and
openings of future streets and appropriate re-subdivision, with provision for adequate utility ¡
connections for such re-subdivision.
O. Political Boundaries. No singular plat shall extend over political jurisdictional boundaries.
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P. FrontaQe on Two Streets. Double-frontage, or lots with frontage on two (2) parallel or non- I
intersecting streets shall not be permitted except:
Q. Where lots back on arterial streets or highways; or where topographic or other conditions ¡
render subdividing otherwise unreasonable.
R. Such double-frontage lots shall have an additional depth of at least ten (10) feet or a reserve I
strip shall be created in order to allow space for screen planting along the rear lot line. ,
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S. Turn··Around Access. Where proposed residential lots abut a collector street, they shall be
platted in such a manneras to encourage turn-around access and egress on each lot and )
discourage direct access onto such streets.
Subd. 5: Easememts. ¡
A. General Reauirements: Perpetual Easements shall be provided in such a way as to provide
continuity of alignment from block to block. The subdivider shall provide temporary e¡
construction easements where determined necessarY by the City. Perpetual Easements shall
be kept free of vegetation or structures which would interfere with the free movement of utility
_. service vehicles. Where easements are provided for city utilities (sanitary sewer, watermain,
storm sewer, and related service connections) or for watercourses, the size of lots on which ¡
the 4:~asements are placedshalr be increased so that minimum dimension and area
requirements are met exclusive of the easement areas. Easements shall be provided over
natural drainage or ponding areas for management of storm water and significant wetlands.
B. ' Utilitv Companies: Easements for telephone, gas, electric power, cable television, and \
related utilities shall be provided where necessary to accommodate the existing subdivision,
and to provide for future growth. Easements along side or rear lot lines' shall be at least (
twenty (20) feet wide élnd shall be centered on the lot lines; where the side or rear lot lines (
abut :the edge of the plat, half of the easement, or ten (10) feet shall be provided, with the ¡
additional ten (10) feet projected to come from future development of the adjacent land,
unless the City determines that the entire twenty (20) foot easement must be provided on the i
current piaL Where necessary, additional utility easements ten (10) feet wide shall be ¡
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provided adjacent to street rights-of-way.
C. City Utilities: Easements for sanitary sewer, watermain, storm sewer, and for related service ¡
conne!ctions shall be provided as determined necessary by the City. Minimum easement
requirements for a single utility are as follows:
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Depth of Utilitv Required Easement Width \
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o - 10 feet 20 feet
'1 0 - 1 5 feet 30 feet
'15 - 20 feet 40 feet !
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Add an additional ten (10) feet to the above requirements for each additional utility to be e,
included in the easement.
City of S1. Joseph Subdivision Ordinance 2003 Page 42 of 42
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D. Watercoursek: When 'a subdivision is traversed by a watercourse, ditch, swale, drainageway,
. channel, or stream, a drainage easement shall be provided conforming substantially with the
lines of suct watercourse. The easement shall be of sufficient width to permit free flow of .
anticipated s rface water, with additional room required for access by maintenance vehicles.
Where determined necessary by the City, additional easement width shall be provided 'to
accommodate surface water anticipated from future development adjacent to or otherwí~e
upstream of the current subdivision.
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E. Detention or ¡Retention Facilities: VYhere t~e subdivider proposes to use a pond or basin to
control stormwater run-off, the following requirements shall be met:
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1. The areJ containing the pond or basin shall be platted as ~n outlot and dedicated to the
public f6r drainage purposes. The outlot shall include the' area necessary to
accommbdate the anticipated storm water runoff including one foot of freeboard, a twenty
(20) foot ;wide access easement from a near street, and such area as may be determined
necessa~y to provide an emergency overflow to an established outlet. .
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2. On lots ~urrounding the pond or basin, a drainage easement shall be provided to include
all lot ar~a within one (1) foot of vertic~1 elevation from the edge of the outlot.
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City of 51. Joseph 5ubdivis¡ion Ordinance 2003 Page 43 of 43
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Section' 54.17: REQUIRED IMPROVEMENTS. !
Subd. 1: Prior to approval of a Final Plat, the subdivider-developer shall be required to provide .!
the following improvements for subdivisions unless the City elects to give approval upon being presented
with financial guarantees as set forth in this section. I
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Subd. 2: Monuments. Steel monuments shall be placed within six inches (6") of final elevation at (
all blocked corne~rs, angle points, points of curves in streets and at intermediate points as shown on the I
' Final Plat. Such installation shall be the subdivider-developer's expense and responsibility. All U.S.,
state, county or other official bench marks, monuments, or, triangulation stations in or adjacent to the
property shall be preserved in precise position. I
Subd. 3: Street Improvements. I
A. The full width of the right-of-way shall be graded, including the sub-grade of the areas to \
be paved, in accordance with standards and specificatiòns for street construction as
approved by the City Council.
B. All streets shall be improved with pavement in accordance with the standards and \
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specifications for construction as approved by the City Council.
C. All streets to be paved shall be of an over-all width in accordance with the standards and ¡
specifications for construction as approved by the City Council.
D. Concrete curb and gutter shall be provided and shall be constructed in accordance with r
standards and specifications for street construction as approved by the City Council. {
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E. Storm sewers, culverts, storm water inlets and other drainage facilities will be required
where, in the opinion of the City they are necessary to insure adequate storm water .1
drainage for the subdivision. Where required the drainage facilities shall be constructed
in accordance with the standards and specifications for drainage and street construction
as approved by the City Council. I
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F. Complete plans for any proposed street and drainage improvements shall be submitted
for the approval of the City Council before construction.
Subd. 4: Sanitary Sewer Improvements. Sanitary sewers shall be installed as required by I
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standards and specifications as approved by the City Council. Complete plans for any proposed sewer
system shall be submitted for the approval of the City Council before construction. !
Subd. 5: Water Supplv Improvements. Water distribution facilities, including pipe fittings, ¡
hydrants, etc., shall be installed in accordance with the standards and specifications for such construction
as approved by the City Council. Complete plans for these systems shall be submitted to the City Council !
for approval. \
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Subd. 6: Public Utilities. I
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A. All public utilities shall be underground.
S. Where telephone, electric and/or gas service lines are to be placed underground entirely, I
conduits or cables shall be placed within easements or dedicated public ways, in such a I,
manner so as not to conflict with other underground services. All drainage and other
underground utility installation which traverse privately owned property shall be protected I
by easements. ¡
C. Where telephone, electric, and/or gas service lines are to be placed underground in .¡
dE~dicated public streets or alleys which are to receive concrete or bituminous surfacing,
City of St. Joseph Subdivision Ordinance 2003 Page 44 of 44 I
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said se~ice lines shall be installed prior to installation of the concrete or bituminous
surfacing'. The Public Utility may, at its option, defer installation of service lines provided
. it installs! casings at proposed crossing locations prior to installation of the, concrete or
bituminoùs surfacing. All casings shall be buried with a minimum of two feet of cover,
and shall extend to a point at least four feet beyond the edge of pavement or back of
curb. Casing materials shall be approved by the City.
Subd. 7: Street I LiQhtinQ Requirements. The minimum requirement for street lighting facilities
sti II be required to be provided by the Developer and shall be as approved by the City.
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Subd. 8: Traffic! SiQns. The developer shall purchase and install traffic signs as directed and
revewed/approved by th~ City within the proposed subdivision.
Subd. 9: Identifi6ation. Every buildable lot shall be identified by a sign that indicates the lot and
blo k number and address, if ávailable, which is approved by City staff prior to issuing any building
per its. These signs caj be removed as lots are developed. ' ,
, Subd. 10: PlantlnQ - Gateways. Entrances. Entrance areas shall be iinproved with weed free
so or the area shall b~ controlled with hay bales orriprap to avoid erosion, as approved by the City
En~ineer. The planting of trees, the type and spacing on public property will ,be subject to the regulations
of ~he City Council. No ~Ianting, gateways, entrances and similar improvements may be made on public
property except with permission and approval of the Council.
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Subd. 11: SpeCifications/lnspections. Unless otherWise stated, all the required improvements
sh II conform to enginéering standards and specifications as required by the, City Council. Such
im rovements shall be ¡sUbject to inspection and approval by, and shall be made in sequence as
de ermined by the City. I
,Subd. 12: Reviewand Inspection. The subdivider-de~eloper shall pay for all costs incurred by
. th~ City for subdivision review and inspection. This would include preparation and review of plans and
sp cifications by technicèl assis!ants and costs incur~ed by the Attorney, as well as other costs of similar
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Subd. 13: FinanbnQ. The subdivider-developer. shall be required to pay for all or a portion Of the
ab ve required improven¡¡ents according to the following schedule:
A. Sanitary ¡sewers - Benefit rates will be based on the total cost of 'constructing the sanitary
sewer necessary to serve the developnient site together with any area or district-wide
benefits of prior construction.
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B. Water Mains - Benefit rates will be based on the total costs of constructing water mains to
serve t~e development site together with any area or district-wide benefits of prior
construction.
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C. Storm drainage - Benefit rates will be based on the cost of constructing storm sewers
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necessary to provide adequate drainage of the development site together with any area
or distridt-wide benefits of prior construction. Where a larger watershed or drainage area
can be Idefined and when that area will benefit from the installation of storm sewer,
benefit rates shall be determined for that defined area by the City Council.
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,Subd. 14: Payment City/Developer AQreement, Financial Guaranty
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Ci y of 81. Joseph 8ubdivisi,on Ordinance 2003 Page 45 of 45
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A. Payment The required improvements to be furnished and installed by the ¡
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, subdivider':developer, which are listed and described in 54.17.01 through 54.17.12, are to .1
be furnished and installed at the sole expense of the subdivider-developer and at no
E:}xpense to the public. If any improvement installed within the subdivision will be of !
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substantial benefit to lands beyond the boundaries of the subdivision, the City Council
may make a provision for causing a portion of the cost of the improvement, representing ¡
the benefit to such lands, to be assessed against the same, or the City Council may
choose to pay the increased cost and assess for improvements when future development
takes place. In such case the subdivider-developer will be required only to pay for such
portions of the whole, cost of said improvements as it will represent the benefit to the r
property within the subdivision. ¡
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B. City/Developer Agreement - Prior to the installation of required improvements and prior to \
approval of the Final Plat, the subdivider-developer shall enter into a contract with the
City requiring that the subdivider-developer furnish and construct said improvements at (
his or her expense and in accordance with plans and specifications to be approved by the
City Engineer. The City/Developer contract shall stipulate the type and extent of the I
improvements to be constructed, the cost of construction, the construction time schedule, ¡
the City's authority to inspect the construction and the amount of the escrow deposit
performance bond, warranty bond and labor and materialman bond to be furnished. The r
City/Developer Agreement shall be in substantially similar form and content as the r
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attached City/Developer Agreement in Appendix "B" of this Ordinance. I
C. As an alternative to paragraph a) above, the owner of the property included in a I
preliminary plat may petition the City to install certain improvements, required within I
and/or to the Plat. Said petition shall be in accordance with Minnesota Statutes Chapter
429. The City Council reserves the right to reject a petition and refuse to order the
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project through the City. Any petitioner for improvements to the City must be received by \
January 1 st each year for improvements requested during the year. Otherwise, the City .!
may refuse to construct said improvements until the following year.
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D. Financial Guarantees - With the executio-n of thEr City/Developer Agreement, providing I
that the developer will construct the required improvements for the Plat at his expense,
thé owner or developer, as the case' may require, shall furnish a corporate completion
bond, with good and sufficient sureties thereon, or a cashier's check, escrow account or
irrevocable letter of credit in favor of the City in an amount equal to one hundred twenty- I
five percent (125%) of all costs, to include construction, engineering, legal, fiscal and
administrative, as estimated by the City, of providing and installing all required !
improvements. Such bond, escrow, or letter of credit shall be in the form approved by the \
City Attorney, shall be conditioned upon the approval of the Final Plat and shall be further
conditioned as to guarantee the actual completion and installation of such required
improvements within a specified period of time from the date of Final Plat approval. In I
order to guarantee and secure the correction of any defect in material or workmanship i
furnished for such improvements, latent in character, and not discernible at the time of
final inspection or acceptance by the City or any damage to such improvements by I
mason of a settling of the ground, base or foundation thereof, the City will require that for ¡
a period of twelve (12) months after final acceptance of the required improvements by the i
City, the proponent shall maintain a bond, escrow account or irrevocable letter of credit,
in the amount of one hundred percent (100%) of the construction costs of the in-place l
improvements which will be owned and maintained by the City. If during that twelve (12) i
month period any such defects develop, the deposit in escrow, bond, or letter of credit
may be applied by the City for any amounts incurred to correct such defects. í
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City of St. Joseph Subdivision Ordinance 2003 Page 46 of 46 I
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Subd. 10: Construction Plans and As-Builts.
. A. construbtion plans for the required improvements, confòrming in all respects, to the
standards of the City and applicable ordinances, shall be prepared by the City Engineer
or suchlother professional engineer as may be appointed by the City. Costs and
expensEjs incurred by the, City, for the preparation of constructions plans, and related
expenses, shall be paid by the developer.
B. City Endineer sliall furnish the City with as-built drawings showing th~ improvements as-
built or it-Place.
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Ci Y of S1. Joseph Subdivision Ordinance 2003 Page 47 of 47
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Section 54.18: PUBLIC LAND DEDICATION. I
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Subd. 1: Reservation of Land. Where a proposed park, playground, school site or other public el
site shown on an adopted plan or official map is embraced in 'part or in whole by a boundary of a (
proposed subdivision,and such public sites are not dedicated to the County or Board of Education, such l
public grounds shall be shown as reserved land on the preliminary plat to allow the County-State Agency
or the Board of Education the opportunity to consider and take action toward acquisition of such public I
ground or park or school site by purchase or other means prior to approval of the Final Plat.
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Subd. 2: Dedication of Land. The City shall require all subdivisions to dedicate a percentage of
the growth area of all property subdivided for parks, playgrounds, or other public use. Such percentage (
shall be in addition to the property dedicated for streets, alleys, waterways, pedestrian ways or other ¡
public ways.
Schedule for dedication of public land in areas zoned: \
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Residential 10%
Commercial/Industrial 2% I
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No areas may be dedicated as parks, playgrounds, or public lands until such areas have been approved
, for that purpose to which they are to be dedicated by the City Council. The subdivider-developer shall I
leave such dedicated land in a condition suitable tothe City Council. I
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Subd. 3: Cash in Lieu of Land. If in the judgment of the City Council, the area proposed to be
dedicated is not suitable or desirable for park/playground purposes, because of location, size or any other !
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reason, the City Council may require in lieu of land dedication, a payment to the City of a sum equal to I
the percentage listed above of the average value of the land to be subdivided. The aforementioned value
shall be the value of the land upon approval of the preliminary plat, yet prior to the installation of \
improvements, and shall be determined jointly by the City Council or its agent and the subdivider- e'
developer. If the City Council and subdivider-developer cannot agree on land value, then the land values
shall be established on the basis of three independent appraisals'by professional appraisers, one to be
selected by the City, one to be selected by the subdivider-developer, ,Ç1nd the third to be selected by the 1
two previously appointed appraisers; and Jhe cost of the City's appraiser shall be paid, by the City, the
cost of the subdivider-developer's appraiser shall be paid by the subdivider-developer, and the cost of the i
third appraiser shall be borne by the City and subdivider-developer in equal shares. Payment of the cash !
in lien of land shall be completed prior to approval of the final plat of the subdivision. No final plat shall be \
approved unless the payment is made or an estimated amount determined by the City is placed into an I
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escrow account for payment upon completion of the appraisal.
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Such dedication of land for public use shall be without restrictions or reservations and shall be transferred I
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to the City. I
Subd. 4: .General Reauirements. !
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A. 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 by \
the City Council in evaluating the adequacy of proposed park and recreation areas shall ,
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include size, shape, topography, geology, hydrology, tree cover, access, and location. I
B. Tine applicant shall confer with City Staff and the City Council at the time the preliminary 1
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plat is under consideration, to secure a recommendation as to the location of any ¡
property that should be dedicated to the public, such as parks, playgrounds or other
public property. The preliminary plat shall show the location and dimensions of all areas
to be dedicated in this manner. Such contribution requirement recommendation(s) will be !
sEmt to the Planning Commission for review and comment and subsequently to the City
Council for its approval. e:
City of S1. Joseph Subdivision Ordinance 2003 Page 48 of 48 I
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C. When a ploposedpark' playground, reèreationel area, or other public ground has been
indicated i the City's official map or Comprehensive Plan and is located in whole or in
. part within a proposed plat, it shall be dedicated to the, approximate governmental unit. If
theapplicantelects not to dedicate an area in excess of the land required hereunder for a
proposed public site thatthe City feels is in the, public interest toacquire, the City may
consider a'cquiring the excess ,land through purchase, condemnation, or negotiation.
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D. Land area conveyed or dedicated to the City shall not be used in calculating density
reQUlremts olthe CityZoning Ordinance end shall be In addnlonto and In lieu of open
space req irementsfor planned unitdevelopments.' ,
E. Where pri¡vate open space for park and, recreation purposes is provided in a proposed
sUbdivision,suchareas shall not be used for credit against the requirement of dedication
for park ard recreation purposes, unless the City Council finds it in the public interest to
do so. I,' '
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F. The, City,!upon consideration of' the particular type of, development, may require that a
lesser parcel of land should be dedicated due to particular features of the development.
In such c~ses, a cash contribution shall be required above the land dedication to insure
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that comp¡ef)sation is received for the full amount of the impact on the City's park and trail,
system .j
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G. The City;mayelect at its sole, discretion to receive a, combination of cash, ,land, and
development of the land for park use. The potential cash donation generated by the
dedicated; land and/or the value of the development of land shall be calculated. That
amount ~hallbe subtracted from the cash contribut,ionrequired by the Subsection I
above. I
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. H. Planned I Ünit developments with mixed land uses shall make cash ,and/or land
" contributipns in accordance with this Section based uponthe percentage of land devoted
to the various uses. .
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I. Park cash contributions are to be calculated and established at the time of final plat
approval.!"The Council, mayrequire the payment at the time of final plat approval or at a
later tim~ under terms agreed upon in the development agreement. Delayed payment
. may include interest at a rate set by the City.
J. cashco~tributionsforparkS and ,trails shall be deposited in either the City's Park Fund or
multi:purpose, trail, fund and shall only be used for park acquisition or development, and
trail acqqisition or development asdetermiried by the City. Additionally, said flJnds may
be utilize:å anywhere within the City park and trail systems.
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K. Wetlands, pondingareas,anddrainageways accepted by the City may not be considered
in the parkland and/or cash contribution to the City.
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L. PrqpertYI being re~platted with the same nUrTIber of lots and same number of dwelling
units shall beexemptfrom all park land dedication requirements. If the number of lots or
the number of dwelling units is increased, of if land outside the previously recorded plat is
added, t,hen thè park land dedication and/or park cash contributions shall be based on
the additional lots and on the additional land being addedto the plat. Ifthe additional land
dOE3s not create additional lots, then each one-third (1/3) acre added shall be considered
a new 10it for purposes of calculating the dedication requirements.· '
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M. When limd is dedicated and deeded to the City for park purposes, it shall be the
responsibility of the Cìtyto maintain such dedicated property.
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. N. Land dJdicationto the City shall be in the forrTI of lots or outlots with approved lot and
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Ci Y of St. Joseph SubdivisIon Ordinance 2003 page 49 of49
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block numbers.
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o. Parks bordered on one (1) or more sides by existing creeks or streams shall ensure e¡
access to the park is provided from an arterial roadway or collector street and that
, pathways that allow emergency motorized vehicle traffic within the park are present. ¡
P. Parking areas shall be established on land adjacent to the required parkland area, sized I
to meet the needsofthe planned facilities. Criteria reviewed shall include the area the
park is intended to serve (neighborhood, entire city), the nature of the park (passive ¡
recreation, specific use) and the facilities contained within the park (e.g. ball fields, picnic
areas, tennis courts, play areas, etc).Said parking areas shall be dedicated to public use !
and shall ,be included in the required land dedication. The City may complete ¡
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improvement of said parking area.
Q. The Developer shall be responsible for grading and seeding of required parkland, to City I
specifications. I
Subd. 5: Maintenance of Private Open Space. In the event certain land areas or structures are
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provided within the subdivision for private recreational use or as service facilities, the owner of
such land and buildings shall enter into an agreement with the City to assure the continued I
operation and maintenance to a predetermined reasonable standard. These common areas may' !
be placed under the ownership of one of the following depending upon which is most appropriate: I
A. Dedicated to the public where a community-wide use would be anticipated. f
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B. Applicant's ownership and control. ,
C. Property owners association ownership and control, provided all of the following ¡
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Gonditions are met:
1. The property owners association must be established priºr to the sale of any lot. I
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"þ Membership must be mandaforyfor each owner and any successor in interest.
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3a The open space restrictions must be in perpetuity, not for a given period of years. (
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'4. The association must be responsible for liability insurance, local taxes and the
maintenance of the recreational area and facilities. I
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5. Landowners (homeowners) must pay their prorated share of the cost, and any I
assessment levied by the association then can become a lien on the property in
accordance with law. I
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6. The association must be able to adjust the assessment to meet changed needs.
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City of St. Joseph Subdivision Ordinance 2003 Page 50 of 50
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Sec ion 54.19: ADMINISTRATION AND ENFORCEMENT.
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, Subd. 1: Respon~ible Official. It shall be duty of the City Council to see that the provisions of this
ord¡'nance are properly enforced. ' ,
Subd. 2: BUildin¿ Permit. No building permit shall be issued by any governing offièiaL for the
con truction of any buildings, structures, or improvements on land henceforth subdivided until all
app icable requirements of this Ordinance have been fully complied with. .
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Subd. 3: Amendments. The provisions of this Ordinance shall be amended by the City Council
following a legally advertised public hearing before the Planning Commission and in accordance with the
law, including the rules and regulations of any applicable state or federal agency. '
Subd. 4: variancls.
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A. Whenever it is found that the land included in a subdivision plat, presented for approval,
is of suc~ size or shape or is subject to, or is affected by such topographical location or
conditions, or is to be devoted to such usage that full conformity to the provisions of this
Ordinance is impossible or impractical, the City Planning Commission may recommend to
the City Council that said Council authorize variations or conditional exceptions, in the
final plat ~o that substantial justice may be done and the public interest secured.
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B. The Variance application material requirements, administration and request processing
shall be as set forth in the City's Zoning Ordinance, Section 54.07.02 (Variance process)
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as may b,e amended.
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Subd. 5: Violation. Any person violating any provision of this Ordinance shall be guilty of a
mi demeanor. Each day ¡during which compliance is delayed or such violation continues or occurs shall
corlstitute a separate offe,nsè and may be prosecuted as such. '
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. C ty of St. Josèph SUbdiVi~ion Ordinance 2003 Page 51 of 51
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SECTION 54.20: SCHEDULES OF ADMINISTRATIVE FEES, CHARGES AND EXPENSES. ,
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Subd. 1. Fees and charges, as well as expenses incurred by the City for engineering, planning,
legal, 'and other services related to the processing of applications under this Ordinance shall be I
established by the Council and collected by the City Administrator for deposit in the City's accounts. I
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Fees shall be established for the processing of requests for platting, major and minor subdivisions,
review of plans, and such other subdivision-related procedures as the Council may from time to time ¡
establish. The Council may also establish charges for public hearings, special meetings, or other such
Council actions' as are necessary to process applications. I
Subd.2. Such fees, charges and estimated expenses (as well as a deposit, if so required by the I
City Administrator) shall be collected prior to City action on any application. All such applications shall I
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be accompanied by a written statement between the City and the applicanUlandowner (when the
applicant is not the same person or entity as the landowner, both the landowner and the applicant must r
sign the agreement) whereby the applicanUlandowner agrees to pay all applicable fees, charges and I
expenses as set by Council resolution as provided above, and which allows the CitY to assess the
above fees, charges and expenses against the landowner if such monies are not paid within thirty (30)
days after a bill is sent to the applicanUlandowner. ' l
Subd. 3. These fees shall be in addition to building permit fees, inspection fees, trunk·storm
water facility costs, zoning fees, charges, expenses and other such fees, charges and expenses I
currently required by the City or which may be established in the future. í
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Updated 9/1999
Updated 3/2003 (
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City of St. Joseph Subdivision Ordinance 2003 Page 52 of 52 .¡
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