HomeMy WebLinkAbout2003 [04] Apr 02
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www.cityofstjoseph.com ity of St. Joseph
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St. Joseph City Council
25 College Avenue North April 2, 2003
PO Box 668 6:30 PM
St. Joseph. MN 56374 FILE
(320) 363-7201
Fax: (320) 363-0342
1. 6:30 PM - Board of Review
ADMINISTRATOR
Judy Weyrens 2. Adjourn
MAYOR
Larry J. Hosch 00000000000000000000000000000000000000000
COUNCILORS
Alan Rassier
Ross Rieke
Gary Utsch St. Joseph City "Council and Planning Çommission
Dale Wìck April 14, 2003
7:00 PM
1. 7:00 PM Call to Order
. 2. 7:00 PM - PM Public Hearing, Subdivision Ordinance
3. Adjourn.
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St. Joseph Planning Commission
April 14, 2003
7:15 PM
1. Call to Order
2. Site Plan Review - BLT, Construct an OfficefWarehouse facility
3. Adjourn
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. . ORDINANCE 54: SUBDIVISION ~EGULATIONS
Sectton 54.01: TITLE AND CONTENTS.
Subd. 1: This ordinance shall hereafter be known, cited, and referred to as the Subdivision
Ordinance of the City of St. Joseph, Stearns County, Minnesota.
Subd. 2:
TITLE AND CONTENTS ........................................................... Sect. 54.01;. .....Page 01
PURPOSE ......... ..... ...... ......... .............. ............ ............ ................ Sect. 54.02...... .Page 02
SCOPE ... ................ .... ............ ............................. ........................ Sect. 54.03..... ..Page 02
SHORT. TITLE ....... ..................... .............. ..... ............................. Sect: 54.04.. .... .Page 02
JURISDICTION, APPLICATION, COMPLIANCE, VALIDITy.... Sect. 54.05.... ...Page 03
EXCEPTIONS........ ..................... ....... ............ ..... .............. .......... Sect. 54.06...... .Page 04
DEFINITIONS ..... ..... .................................:.... ............................. Sect. 54.07...... .Page 05
GENERAL PLATTING REQUiREMENTS.................................. Sect. 54.08.... ...Page15
. SHORELAND/FLOOD PRONE LANDS ..................................... Sect. 54.09...... .Page 16
MINOR SUBDIVISIONS ................................................~....... ..... Sect. 54.10..... ..Page 17
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COMMON INTEREST COMMUNITIES ..................................... Sect. 54.11.... ...Page 19
PREMATURE SUBDIVISIONS .................................................. Sect. 54.12.. .. ...Page 21
DISQUALIFICATIONS/DENIAL OF PLATS .......................... ..... Sect. 54.13...... .Page 23
PLAT REVIEW PROCEDURES .......;......................................... Sect. 54.14.. .....Page 24
PLAT DATA ................ ..................... ............ ....... ................... ..... Sect. 54.15...... .Page 29
MINIMUM DESIGN STANDARDS ........................................... Sect. 54.16.......Page 36
REQUIRED IMPROVEMENTS ................................................. Sect. 54.17...... .page 44
PUBLIC LAND DEDICATION ...c..................... ................... ....... Sect. 54.18...... .page 48
ADMINISTRATION AND ENFORCEMENT ............................. Sect. 54.19.......Page 51
. ADMIN. FEES, CHARGES & EXPENSES ................................. Sect. 54.20.......Page 52
. City of St. Joseph Subdivision Ordinance 2003 Page 1 of 1
Section 54.02: PURPOSE.
Subd. 1: Pursuant to the authority contained in Minn. Stat. 462.358, this Ordinance is adopted for '.
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 of the 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.
Subd. 8: Provide common grounds of understanding between prospective subdivider/developers
and City officials.
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 .
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 Jhe City of St.
Josepn 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 requiremeñts 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
of land already recorded and on file with Stearns County if such plats are entirely or partially
undeveloped.
Subd. 3: The City of St. Joseph has adopted a comprehensive plan for the future physical
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
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.
Section 54.04: SHORT TITLE.
This ordinance shall be known as the "Subdivision Ordinance of the City of St. Joseph" and is referred .
to herein as "Subdivision Ordinance."
City of St JosephSubdivision Ordinance 2003 Page 2 of 2
Section 54.05: JURISDICTION, APPLICATION, COMPLIANCE AND VALIDITY.
. Subd. 1: Jurisdiction. The regulations herein governing plats and subdivision of lands shall apply
within the corporate limits of the City and the unincorpòrated area within two miles of its limits; provided·
that where a municipality lies less than four miles from the limits of St. Joseph, these regulations shall
apply only to a line equidistant from St. Joseph and said munic4pality; and provided further, that the
governing body or bodies of unincorporated areas adjacentto 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
within the jurisdiction of this Ordinance, shall be prepared, presented for approval, and recorded as herein
prescribed. The regulations contained herein shall apply to the subdivision of a lot, tract or parcel of land
into two or more lots, tracts, or development, whether immediate or future, including the re-subdivision or
re-platting of land or lots; except, where the subdivision. or re-subdivision meets the requirements of a
Minor Subdivision or is listed as an exception.
Subd. 3: . Compliance. . No plat of any subdivision shall be entitled to record in the County
Recorder's Office or have any validity until the plat thereof has been prepared, approved and
acknowledged in the manner prescribed by this Ordinance. No building permits will be issued by the City
of St. Joseph for the construction of any building, structure or improvement to the land or to any lot in a
subdivision,as defined herein, until all requirements of this Ordinance have been fully complied with.
Subd. 4: Validitv. Should any section or provision of this Ordinance be declared by a court of
competerit jurisdiction to be invalid; such decision shall not affect the validity of the Ordinance as a whole
or any part thereof other than the part so declared to be invalid.
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Subd. 5. Approvals necessary for acceptance of subdivision plats. Before any plat or subdivision
of land shall be recorded or be of any validity~ it shall be referred to the Planning Commission and
approved by the City Council of St. Joseph as having fulfilled the requirements of this Ordinance.
. Subd. 6. Conditions for Recordinq.· No plat or subdivision shç¡1J be entitled to be recorded in the
Stearns County Recorder's Office or have any validity until the plat thereof has been prepared, approved,
and acknowledged. in the manner prescribed by thìs Ordinance.
Subd. 7: This Ordinance shall not repeal, annul or in any way impair or interfere with existing
provisions of other laws or ordinances except those . specifically repealed by or in conflict with this
Ordinance.
Subd. 8: Where this Ordinance imposes a greater restriction upon land than is imposed or
required by such existing provisions of the law, ordinance, contract or deed, the provisions of this
Ordinance shall control. The Owners shall enforce covenants to the best of their ability; the City shall
assume no responsibility for the enforcement thereof, except in the case of restrictive covenants running
with the land to which the City is a part. Any restrictive covenant shall not conflict or invalidate city .
ordinances.
Subd. 9:· Where the conditions imposed by any provision of this Ordinance are either more
restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, code,
statute, resolution or regulation, the regulations which are more restrictive or impose higher standards or
requirements shall prevail.
Subd. 10: Separabilitv. If any court of competent jurisdiction shall judge any provision of this
Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not
specifically included in said judgment. If any court of competent jurisdiction shall judge invalid the
application of any provision of this Ordinance to a particular property, bu·ilding or other structure, such
judgment shall not affect the application of said provision to any other property, building or structure not
specifically included in said judgment.
. City of St. Joseph Subdivision Ordinance 2003 Page 30f 3
Section 54.06: EXCEPTIONS
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 testamentary provision, the laws of descent, or upon court
order;
C. A parcel which was the subject of a written agreement to convey (such as a purchase
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; 9R 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
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 line 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.
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City of St. Joseph Subdivision Ordinance 2003 Page 4 of 4
Section 54.07: DEFINITIONS.
. Subd. 1: Interpretation: The language set forth in the text of this Ordinance shall be interpreted
in accordance with the following rules of construction:
Subd. 2: Except for those words and phrases defined below, the words and phrases used in this'
ordinance shalL be interpreted to be given the meaning in common usage, so as to give this Ordinance
its most reasonable application.
Subd.3: The singular number includes the plural, and the plural the singular.
Subd. 4: The present tense includes the past and the future tenses, and the future the present.
Subd. 5: The word "shall" is mandatory while the word "may" is permissive.
Subd. 6: All measured distances shall be expressed in feet and decimals of feet.
Subd. 7: Definitions: The following words and terms shall have the meaning provided for in the
definition.
A. ACCESS WAY. A public or private right-of-way across a block or within a block to
providenon~vehicular access, to be .used by the general public.
B. ALLEY. A p.ublic or private right-of-way, usually 20 feet 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.
C. APPLICANT. The owner; their agent, or other person. having legal control, ownership
and/or interest in the land proposed to be subdivided.
. D. ATTORNEY. The attorney employed or retained by the City, unless otherwise stated.
E. BASE LOT. A lot meeting all the specifications within its zoning district prior to being
divided into a subdivision of single family attached units.
F. BEST MANAGEMENT PRACTICES (BMPs). Best management practices as described
in current Minnesota Pollution Control Agency's manual and other sources as approved
by the City and County.
G. BIKEW A Y. A public right-of-way or easement across a block or within a block to provide
access for bicyclists 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
streets and the exterior boundary or boundaries of the subdivision, or a combination of
the above with a river or lake.
I. BLUFF. A topographical feature such as a hill, cliff, or embankment having the following
characteristics (an area with an average slope of less than 18 percent over a distance of
50 or more feet shall not be considered part of the bluff):
1. Part or all of the feature is located in a shoreland area;
2. 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
above the ordinary high water level averages 30 percent or greater; and,
4. The slope must drain toward the waterbody.
. City of 51. Joseph Subdivision Ordinance 2003 Page 5 of 5
J. BLUFF IMPACT ZONE. A bluff and land located within twenty (20) feet from the top of a
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,
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)
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 St. 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
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
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; (iii) 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.1-103).
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
will be forthcoming upon satisfaction of certain specified stipulations.
V. CONTOUR INTERVAL. The vertical height between contour lines.
W. CONTOUR MAP. A map on which irregularities of land surface are shown by lines
connecting points of equal elevations.
X. CONVEY ANCE. The sale, trading, donation or offer of sale or other transfer of 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)
City of St. Joseph Subdivision Ordinance 2003 Page 6 of 6
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AA. DESIGN STANDARDS. The specifications - _ to landowners or those proposing to
¡. subdivide-land for the preparation of plats, both preliminary and final, indicating among
other things, the optimum, minimum or maximum dimensions of such -items as rights~of-
way, blocks, easements and lots.
BB. DETENTION BASIN. A facifity designed to temporarily store runoff from rainfall or snow
melt, releasing the stored water at a controlled rate until the basin is empty. .The outlet or
control structure is located at the bottom of the facifity so that the basin is dry after the
runoff event. (See also Detention Pond, Retention Basin, and Retention Þond).
CC.DETENTION POND. A facility designed to temporarny store runoff from rainfall or snow
melt, releasing the stored water at a controlled rate until the water has been brought
down to a predetermined level. The outlet or control structure is located in such a way
that some water remains in the facifity. The bottom of the facility 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, Retention Basin and Retention Pond).
DD. DEVELOPER. Any individual, firm, association, syndicate, co-partnership, corporation,
trust or other 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.
EE. DEVELOPMENT. Acts relating to subdividing land, platted land, building structures and
installing site improvements. -
FF. DOUBLE FRONTAGE LOT. A lot óther than a corner lot which has a property line
abutting on one street and an opposite property line abutting on another non-intersecting
street.
i,. GG. DRAINAGE COURSE. A watercourse or surface area for the drainage or conveyance of
surface water.
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HH. EASEMENT. A grant by a property owner for the use of a defined piece of land, eithefon
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.
II. ESCROW. The deposition of funds in an account maintained by the City for the purpose
of ensuring fulfillment of certain obligations pursuant to this Ordinance.
JJ. FINAL APPROVAL. 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.
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.
LL. FLOOD RELATED.
1. 1 DO-Year Flood. A flood which is representative of large regional floods
known to have occurred generally in Minnesota and reasonably
characteristic of what can be expected to occur on an average frequency
in the magnitude of the 1 DO-year recurrence interval as determined by
the use of the tOO-year flood profile and other supporting technical data
in the Flood Insurance Study, or in any other officially adopted City flood
. study.
City of St. Joseph Subdivision Ordinance 2003 Page 7 of 7
2. Accessory Use or Accessory Structure. A use or structure in the same
lot with, and of a nature customarily incidental and subordinate to, the .
principal use or structure.
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.
5. Flood. A temporary rise in stream flow or stage that results in inundation
of the areas adjacent to the channel.
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 ftood plain outside of the floodway.
Flood fringe is synonymous with the term "fioodway fringe" used in the
Flood map/boundary and/or Flood Insurance Study of the City.
8. Flood Hazard Areas. The areas included in the fioodway 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 officially adopted by the City.
9. Flood Hazard Boundary Map. The most recent Flood Hazard Boundary '.
Map prepared by FEMA for the City, as may be amended.
10. Flood Insurance Rate Map. The most recent Flood Insurance Rate Map
prêpareg 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 100-year fiood as determined by the
use of the 100-year fiood profile and other supporting technical data in
the Flood Insurance Study, or in any other officially adopted City fiood
study. The fiood plain includes the ftoodway and the flood fringe.
13. Floodproofing. A combination of structural provisions, changes or
adjustments to properties and structures subject to fiooding primarily for
the reduction or elimination of flood damages to properties, water and
sanitary facilities, structures and contents of buildings in a flood hazard
area in accordance with the Minnesota State Building Code.
14. Floodway. The channel of the watercourse and those portions of the
adjoining flood plains which are reasonably required to carry and
discharge the regional flood determined by the use of the 100-year fiood .
profile and other supporting technical data in the Flood Insurance Study,
City of St. Joseph Subdivision Ordinance 2003 Page 8 of 8
or in any other officially adopted City flood study. The floodway shall
remain free of encroachment so that the 100 year flood can be carried
. without a rise in surface water elevation of more than 0.5 feet at any
point
15. Floodway Fringe. The area between the floodway and the outer edge of
the 1 DO-year flood plain boundary that could. be completely obstructed
during a 1 OO-year flood without a rise in surface water elevation of more
than 1.0 feet at any point.
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 by catching or collecting debris carried by such water,
or that is. placed where the flow of water might carry the same
downstream to the damage of life or property.
.17. Reach. A hydraulic engineering term to describe a longitudinal segment
of a stream or river influenced by a natural or manmade obstruction. In
an· urban area, the segment of a stream or river between two (2)
consecutive bridge crossings would be typical of a reach.
18. Regulatory Flood Protection Elevation. A point not less than one (1) foot·
above the water surface profiie associated with the 100-year flood as
determined by the use of the 100-year flood profile and suppórting
technical data in the Flood Insurance Study plus any increase in flood
heights attributable to encroachments on the flood plain. It is the
. elevation to which uses regulated by this Ordinance are required to be
elevated or floodproofed.
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19. Structure. Anything erected with a fixed location on the ground, or
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
similar items.
MM. HYDRIC SOIL. For the purposes of this Ordinance, hydric soils shall include: 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 Soil Scientist following the criteria found in the United States Army Corps of
Engineers Wetland Delineation Manual (1987 Manual) OR the Natural Resource
Conservation Service publication Field Indicators of Hydric Soils in the United States.
NN.IMPROVEMENTS. Pavement, curbs, gutters, sidewalks, sewer and water facilities,
drainage facilities, street signs, street lighting, plantings and other items for the welfare of
property owners and/or the general public.
00. INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a
contiguous patch, strip, row or block.
PP. LAND DISTURBANCE. Any area in which movement of earth, alteration in topography,
. soil compaction, disruption of vegetation, change in soil chemistry, or any other change in
City of St. Joseph Subdivision Ordinance 2003 Page 9 of 9
the natural character of the land occurs as a result of the site preparation, grading,
building construction or other construction activity. ¡.
QQ. KEY MAP. A small scale map which definitively shows the area proposed to be
platted in relation to known geographical features (e. g. regional feature, community
centers, lakes and streets).
RR. LOT. A portion of a subdivision or other parcel of land intended for building development
or for transfer of ownership.
SS. LOT LINE, SIDE. Any boundary of a lot that is not a front lot line or a rear lot line.
n. LOT OF RECORD. A parcel of land, whether subdivided or otherwise legally described,
as of the effective date of 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 beween 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 comer lots, lot width shall be determined by measuring the horizontal
distance beween a side lot line and the applicable opposite front lot line.
W. METES AND BOUNDS DESCRIPTION. A description of real property which is not
described by reference to a lot or block shown on a map, but is described by starting at a
known point and describing the bearings and distances of the lines forming the
boundaries of the property or delineating a fractional portion of a section, lot or area by
described lines or portions thereof. .
WW.MINOR SUBDIVISION. The division of a single parcel, lot, or tract, into wo separate
parcels, lots, or tracts. _
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XX. MULTIPLE FAMILY DWELLING. A dwelling containing more than wo (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
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 ievel is the elevation of the top of
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
CCC. OWNER.· Includes the plural as well as the singular, and where appropriate shall
include a natural person, partnership, firm, association, public or quasi~public corporation,
. private corporation, or a combination of any ofthem.
DDD. PARCEL. An individual lot or tract of land.
EEE. PARKS AND PLAYGROUNDS. Public lands and open spaces in the City of St.
Joseph· dedicated or reserved for and usable for recreation purposes.
FFF. PEDESTRIAN WAY. A public or private right-of-way across a block or with a block to
provide access, to be used by pedestrians and which may be used for the installation of
utility lines.
GGG. PERCENTAGE OF GRADE. On street centerline means the distance vertically (up or
. down) from the horizontal in feet and tenths of a foot for each 100 feet of horizontal
distance.
HHH. PLANNING COMMISSION. The Planning Commission of the City of St. Joseph.
Ill. PLANNED UNIT DEVELOPMENT. 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, safety and welfare ofthe·CityofSt. Joseph, to allow for a mixture ofresidentìal
units or residential and commercial units in an integrated and well-planned area and to
_ ensure the conèentration of open space into more usable areas and preservation of
natural resources of the site including wetlands, steep slopes, vegetation, and scenic
areas.
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 p~ovision of common open space for
use by all residents of the tract.
KKK. PRELIMINARY APPROVAL Approval of the preliminary pJat by the City Council
which constitutes authorization to proceed with final engineering plans and final plat
preparation, taking into consideration any conditions for approval.
LLL. PRELIMINARY PLAT. A tentative drawing or map of a proposed subdivision meeting
the requirements herein enumerated.
. MMM; PROTECTIVE COVENANTS. Contracts made between private parties as to the
manner in which land may be used, with the view to protecting and preserving the
physical and economic integrity of any given area. The City shall not be responsible for
enforcing protective covenants.
NNN. PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, street, sanitary
sewer, storm sewer, water system, sidewalk, pedestrian way, tree, lawn, off-street
parking area, lot improvement or other facility for which the City may ultimately assume
ownership, responsibility for maintenance and operation, or which may effect an
improvement, for which local government responsibility is or may be established.
000. PUBLIC WATERS. Any waters as defined in Minnesota Statutes, section 105.37,
subdivisions 14 and 15, as may be amended.
. PPP. PUBLICATION. An official notice as prescribed by Minnesota Statutes.
City of St. Joseph Subdivision Ordinance 2003 Page 11 of 11
QQQ. QUADRAMINIUM. Single structures which contain four (4) subdivided dwelling units,
all of which have individually separate-entrances from the exterior of the structure. '.
RRR. RESERVE STRIPS. A narrow strip of land placed between lot lines and streets to
control access.
SSS. RETENTION BASIN. A facility designed to store runoff from rainfall or snowmelt with
no outlet. The stored water is allowed to percolate into the ground. (See also Detention
Basin, Detention Pond, and Retention Pond).
TIT. RETENTION POND. A facility designed to store runoff from rainfall or snowmelt with
no outlet. The bottom of the facility 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
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.
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
public water and a line parallel to it at a setback of fifty (50) percent of the structure .
setback.
ZZZ. SHORELAND. Land located w~hin the following distances from public waters: 1,000
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.
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.
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:
1. Arterial, Minor: Applies to streets and highways that carry the majority of
traffic into and out of the City. Emphasizes mobility into and out of the
City. Minor arterials carry the largest percentage of intracommunity
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. .
City of S1. Joseph Subdivision Ordinance 2003 Page 12 of 12
2. Arterial, Principal: Applies to streets and highways that carry traffic from
city to city. Emphasizes mobility throuqh the City. Carries the major
\e . portion of trips entering and ·Ieaving 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.
3. Collector: carries traffic from the arterial systems to local street
destinafions, and vice versa. Provides traffic circulation within
neighborhoods, and within commercial and industrial areas. "Major"
collector applies to through streets connecting large parts of the City to
streets serving areas with concentrations of multiple family dwellings and
to bus.iness, 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.
4. 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. Can carry 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.
8. 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. Normai 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.
DDDD. STREET WIDTH. The shortest distance between lines of lots delineating the street
right-of-way.
EEEE. STRUCTURE. Anything erected with a fixed location on the ground, or attached to
something having a fixed location on the ground or in the ground. Among other things,
structures include buildings, manufactured homes, walls, fences, billboards, swimming
. pools, and poster panels.
City of S1. Joseph Subdivision Ordinance 2003 Pag¡;¡13 of 13
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
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.
GGGG. SURVEYOR. A land surveyor registered under Minnesota State Statutes.
HHHH. TANGENT. A straight line that is perpendicular to the radius of a curve at a point on
the curve.
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.
JJJJ. TRACT. A defined area of land, similar to a lot or parcel, that is occupied or will be
occupied by a building and its accessory buildings, together with such open spaces as
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.
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.
MMMM.URBAN DESIGN. A street design where adjacent property and right-of-way are ,.
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.
NNNN. URBAN SERVICE AREA. That portion of the City, as geographically definect by the
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.
0000. VARIANCE. A relaxation of the terms of this Ordinance where such deviation will not
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
not the result of the actions of the applicant, a literal enforcement of the Ordinance would
result in unnecessary and undue hardship.
PPPP. VERTICAL CURVE. The surface curvature on a street centerline located between
lines of different percentage of grades.
QQQQ. WETLANDS. The City adopts the definition of ''Wetlands'' as contained in Minn.
Stat. 103G.005, Subd. 19. Designations of the Stearns County Environmental Services
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
of St. Joseph.
SSSS.ZONING ORDINANCE. The Ordinance or resolution controlling the use of land as
adopted by the City.
.
City of 81. Joseph Subdivision Ordinance 2003 Page14of14
Section 54~08: GENERAL PLATTING REQUIREMENTS.
\e Subd. 1: Established Monuments. All federal, state, county and other official monuments, bench
marks, triangulation points, 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
duringconstructi'on and development. All section, quarter section, and sixteenth section covers shall be
duly described and tied.
Subd. 2: Land Suitabilitv for Subdivision. The City Council, following consultation with the
. Planning Commission, must find each lot created through subdivision suitable for land subdivision in its
normal state for the proposed use with minimal alteration. Suitability analysis by the City shall consider
flooding, existence of wetlands, inadequate drainage, steep slQpes, rock formations or other features with
severe limitations for development, severe erosion potential, steep topography, important fish and wildlife
habitat, 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
health 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
overcoming such conditions; or the land is platted as outlots.
Subd: 3: Preservation of Natural Features. The Planning Commission may dedicate or establish
any existing natural features in order to preserve any trees, groves, water courses and falls, beaches,
historic sites, vistas and similar irreplaceable assets which add value to all developments and to the City
as a whole.
Subd. 4: Land Subject to Floodinq. No plat shall be approved for any subdivision which covers
an area subject to periodic flooding or which is otherwise poorly drained unless the subdivider-developer
agrees to make improvements which will, in the opinion of the City Council, make the area completely·
safe for occupancy, and provide adequate street and lot drainage and conforrn to applicable regulations
¡. of other agencies such as the U.S. Corps of Engineers and the Department of Natural Resources. In
addition, such plats may not be approved if the cost of providing essential services to protect the flood
plain area would impose an unreasonable e.90nomic burden upon the City.
-
'. Subd. 5: Land Descriptions. Minnesota Coordinate System Zones. As established for use in the
Central Zone, the Minnesota Coordinate 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
Coordinate System of 1927, Central Zone" or the "Minnesota Coordinate System of 1983, Central Zone."
The National Ocean Survey/National Geodetic Survey definitions for the Minnesota Coordinate System,
Central Zones, as identified 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 œgistered land survey made after
the effective date of Laws, 1961, Chapter 626, shall be made or recorded unless the parcel described in
the conveyance meets one 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
manner.
A. Was a separate parcel of record at the effective date of this Ordinance, or
B. Was the subject of a written recorded agreement to convey that which was
entered into prior to such a date, or
C. Is a 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 81. Joseph Subdivision Ordinance 2003 Page 15 of 15
Section 54.09: SHORELAND/FLOOD PRONE LANDS.
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
design or operation of subdivision drainage facilities dedicated to the City of St. Joseph until the City
has accepted such dedication.
Subd. 2: Subdivision Floodinq and Flood Control: No land shall be subdivided if the City Council
finds the land unsuitable for subdividing due to fJooding and/or inadequate drainage, water supply, or
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 fJood protection elevation in
accordance with this Ordinance and the Zoning Ordinance. All subdivisions shall have water supply and
sewer disposal facilities that comply with the provisions of this Ordinance and any applicable building,
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
regulatory fiood protection elevation. Each of the above requirements shall take into consideration the
100-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.
Subd. 3: 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 fioodproofed in
accordance with the Minnesota State Building Code to an elevation no lower than the regulatory flood
protection elevation, in accordance with state and federal agency regulations and the City's Zoning
Ordinance Shoreland Overlay District.
Subd. 4: Public Transportation Facilities: Railroad tracks, roads and bridges to be located within .
the Shoreland Overlay 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
provided where failore and interruption of these transportation facilities would result in danger to the
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.
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City of St. Joseph Subdivision Ordinance 2003 Page 16 of 16
SECTION 54.10: MINOR SUBDIVISIONS.
- Subd. 1: This Section shall apply to the following applications:
A. In the case of a request to divide a portion of a lot where the division is to permit
the 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.
B. In the case of a request to combine two (2) existing platted lots.
C. In the case of a request to divide a lot from a larger tract of land and thereby
creating no more than two lots, both of which conform to Zoning Ordinance
minimum standards. To qualify, the parcel of land shall not have been part ofa
minor subdivision within the last five (5) years.
D. In the case of a request to divide a base lot which is a part of a recorded plat on
which has been constructed a two-family dwelling, townhouse or quadraminium,
where the division is to permit individual private ownership of a single dwelling
unit within such a structure and the newly created property lines will not cause
any of the unit lots or the structure to be in violation of this Ordinance, the Zoning
Ordinance, or the State Building Code.
'Subd.2: Content and Data Requirements.
A. The requested minor subdivision shall be prepared by a registered land surveyor
in the form of a Certificate of Survey.
B. The data and supportive information detailing the proposed subdivision shall be
. as follows:
1. 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 inèlude: .
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:
a. A special assessment search.
b. Property owners' names and addresses and proof of ownership.
c. Zoning of all affected parcels.
Subd. 3: The minor subdivision shall conform to all design standards as specified in this
Ordinance. Any proposed deviation from said standards shall require the processing of a variance
request.
Subd. 4: Processinq of Request for Minor Subdivision Approval.
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- City of St. Joseph Subdivision Ordinance 2003 Page 17 of 17
A. If the land division involves property which has been previously platted, or the
total property area included is greater than ten (10) acres and two parcels, both
of which· are greater than ten acres, are formed; the City Administrator may e
approve the subdivision, provided that it complies with applicable provisions of
this Ordinance.
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
area; the applicable processing provision of Section 54.14 (Preliminary Plat) shall
be followed.
C. All other Minor Subdivision requests shall be approved by resolution of the City
Council following consultation with the Planning Commission.
D. Upon execution of the Council's resolution approving the petition for a minor
subdivision, the City Administrator shall be authorized to sign the deed or
registered land survey as meeting the requirements of the City. The Certificate
of Surveyor Registered Land Survey shall be fileq and recorded at the Office of
the County Recorder within thirty (30) days of approval.
.
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City of St. Joseph Subdivision Ordinance 2003 Page 18 of 18
. SECTION 54.11: COMMON INTEREST COMMUNITIES.
/'
~ Subd. 1: Approval. A Common Interest Community shall be evaluated and considered for
., approval in the same manner as a standard plat and shall be subject to the site coverage standards
contained within the City of St. Joseph Zoning Ordinanèe.
Subd. 2: Reauirements. Common Interest Communities shall be subject to all use, residential
density, setback and height requirements of the applicable zoning district and any other applicable
standard contained in the City 'of St. Joseph Zoning Ordinance.
Subd. 3: Conversions of CIC's. The conversion of existing common interest communities,
resorts, manufactured home parks or other similar types of developments from privately owned structures
on leased or rented land, or the division of several commonly owned structures on a single parcel of land
to individually owned parcels containing separate structures, shall be bya standard plat pursuant to the
requirements of this Ordinance and the applicable requirements of Minnesota Statutes, Chapter 515A
and Chapter 515B, or successor statutes, and shall be further subject to the following:
A. Sewage Treatment: When considering approval of conversions the Planning
Commission shall consider the development as a whole, relative to the provision for
sewer and 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 failing sewage treatment systems shall be established by a subdivision or
development agreement.
B. Conformity: 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 possible. -
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.
Subd.4: Unified and'Efficient Use of Space. To the extent possible, the common open space,
individual properties and other elements of the common interest community shall be so planned that they
will achieve a unified scheme of planning and efficient distribùtion of uses.
Subd.5: Special Conditions for Shoreland Areas.
A. Inconsistencies between existing features of development and those required by this
ordinance and Ordinance 52 (Zoning Ordinance) shall be identified. However, existing
dwelling 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. Deficiencies involving structure color, impervious coverage, open space and shore
recreation facilities must be corrected as part of the conversion.
- C. Shore and· bluff impact zone deficiencies must be evaluated and reasonable
~ City of St. Joseph Subdivision Ordinance ·2003 Page 19 of 19
improvements made as part of the conversion. These improvements must include,
where applicable, the following: e
1. Removal of extraneous buildings, docks or other facilities that no longer need to
be located in shore or bluff impact zones.
2. Remedial measures to correct erosion sites and improve vegetative cover and
screening of buildings and other facilities as viewed from the water.
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
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 St. Joseph Subdivision Ordinance 2003 Page 20 of 20
. SECTION 54.12: PREMATURE SUBDIVISIONS.
[. Subd. 1: Any preliminary plat of a proposed subdÎvision deemed premature for development shall
- be denied by the CityCouncil. '
Subd. 2: Asubdivision may be deemed premature should anyone or more of the conditions set
forth in the following provisiorisexist: .
A. Lack of Adequate DrainaQe: Factors to be considered in determining a lack of adequate
drainage 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 surface water runoff and waste disposal systems; the slope of the land and its
effect. on effluents; and the presence of streams as related to efflu~nt disposal. A
condition of inadequate drainage shall be deemed to exist if:
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
erosion and siltation on downhill or downstream land.
3. The proposed site grading and development will cause siltation on downstream
land.
B. Lack of Adequate Water Supply: A proposed subdivision shall be deemed to lack an
adequate water supply if the proposed subdivision does not have adequate sources of
water or treatment capacity to serve the proposed subdivision if developed to its
maximum permissible density without causing an unreasonable depreciation of existing
. water supplies for surrounding areas.
C. Lack of Adequate Roads or Hiqhways to Serve the Subdivision: A proposed subdivi~ion
shall be deemed to Lack adequate roads or highways to serve the subdivision when:
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 traffic volume generated by the proposed subdivision would create a hazard to
public safety and general welfare, or aggravate an already hazardous condition, and
when, with due regard to the advice of the City Engineer, Stearns County Highway
Engineer and/or the Minnesota Department of Transportation, said roads are
inadequate for the intended use; or
2. The traffic volume generated by the proposed subdivision would create unreasonable
traffic 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 Adequate Waste Disposal Systems: A proposed subdivision shall be deemed to
lack adequate 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 St. Joseph Comprehensive Plan, as may be
amended.
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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City of S1. Joseph Subdivision Ordinance 2003 Page 21 of 21
E. ProvidinQ Public Improvements/Protective Services: If public improvements, such as
recreational facilities, streets and utilities, reasonably necessitated by the subdivision, --
which must be provided at public expense, and/or public protection services such as
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
policies and standards of the City, the County, the State, or Federal Government relating
to environmentally sensitive areas and protections.
G. Inconsistency With Comprehensive Plan: The proposed subdivision is inconsistent with
the purposes, objectives and recommendations of the duly adopted Comprehensive Plan
of Sf. Joseph, as may be amended.
Subd. 3: The burden shall be upon the applicant to show that the proposed subdivision is not
premature.
.
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City of St. Joseph Subdivision Ordinance 2003 Page 22 of 22
SECTION 54.13: DISQUALIFICATION/DENIAL OF PLATS.
. Subd. 1: The City Council may deny the subdivision if it makes anyone or more of the following
findings·:
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 the physical -characteristics. of the site, including but not limited to topography,
percolation rate, soH conditions, susceptibility to erosion and siltation, susceptibility to
flooding, water storage, drainage and retention, are such that the site is not suitable for
the type of development, design, or use contemplated.
C. That the site is not physically suitable for the proposed density of development.
D. That the design of the subdivision or the type of improvements are likely to cause serious
public health problems.
E. That the design öf the subdivision or the proposed improvements are likely to cause
substantial environment?!1 damage.
F. That the design of the subdivision . or the type of improvements will conflict with
easements of record or with easements established by judgment of a court.
G. That the proposed subdivision, its site, or its' design adversely affects the flood-carrying
capacity of the floodway, increases flood stages and velocities, or· increases flood
hazards within the floodway fringe or.within other areas of the City.
H. The proposed subdivision is inconsistent with the policies and standards of the State-
. defined Shoreland Districts and Wetland Districts.
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- City of St. Joseph Subdivision Ordinance 2003 Page 23 of 23
Section 54.14: PLATTING REVIEW PROCEDURES.
Subd. 1: Sketch Plan/Pre-Application Meeting. .
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-ApDlication Meetinq. Prior to the submission of any preliminàry plat the sub-
divider-developer shall meet with the City Administrator, public works staff, city engineer
and other staff/consultants/utility representatives as warranted to introduce the proposed
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 of the
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
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
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 considered as
submitted for informal and confidential discussion between the developer and th-e 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
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.
Subd.2: Ghost Plat (Build-Out Plan) Required.
A. A build out plan (ghost plat) shall be required for the following subdivision applications:
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.
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
property is adjacent to the subject property, a build out plan of the entire area
shall be submitted.
--
-
City of 81. Joseph Subdivision Ordinance 2003 Page 24 of 24
3. Cluster subdivisions or open space design subdivisions that preserve open
space for future development.
. B. Desiqn Requirements: The build out plan (ghost plat) shall illustrate the following:
1. Lot design consistent withdthe long term planning for the area (Comprehensive
Plan).
2. The layout of future streets. . Local streets shall be planned to provide street
connéctions 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. Easement locations for utilities and storm water drainage.
4. Locations of building pads on the lots to accommodate future subdivision.
5. The build out plan may be required to provide information demonstrating how
public utilities may be extended to the subdivision to accommodate future urban
development.
Subd. 3: Preliminarv Plat Approval.
A 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 any final plat which may thereafter be submitted.
B. The· City may require an escrow deposit for a subdivision for the purpose of technical and
. legal review of the proposed plat. The amount of said escrow deposit is to be determined
by the Planning 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.
C. The subdivider~developer shall engage a registere.d 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 subdivider..,developer shall apply for preliminary plat consideration on the form
supplied by the City of St. 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.
E. Subdivider-developer shall review proposed utility easements with utility companies and
submit letters thereof from each company.
F. The subdivider-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
Preliminary 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.
- G. Upon receipt of the completed application. and submittal of all necessary materials and
fees, the City Administrator shall submit copies of the Preliminary Plat to City Department
- City of St. Joseph Subdivision Ordinance 2003 Page 25 of 25
Heads, the City Engineer, the City Attomey, the County Engineer if the plat borders a
county road, the Department of Natural Resources if within the Shoreland Overlay District .
and the District Engineer of the Minnesota Highway Department if the plat borders a
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
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
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.
\. Planninq Commission Review:
1. The Planning Commission may require qualified technical and staff services such as
economic, engineering and legal review of the Preliminary Plat and advise on its
suitability regarding general planning; conformity with plans of other private and
public organizations and agencies; adequacy of proposed water supply, sewage
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
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. -
3. At 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.
c. Recommend denial of the preliminary plat, with reasons.
4. The Planning Commission may, at its discretion table the matter pending further
information from the applicant that will help it render a recommendation to the City
Council. The City Administrator shall then prepare a written report indicating the
Planning Commission's recommendation of approval, disapproval or approval with
conditions and submit it to the City Council along with a copy being sent to the
subdivider-developer within fourteen (14) days of the public hearing.
5. The subdivider7developer shall be notified by the City Administrator of the Planning
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.
-
-
City of St. Joseph Subdivision Ordinance 2003 Page 2ô of 26
J. City Council Action:
. 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 reports 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.
3. The Council shall approve or disapprove the preliminary plat within sixty (60) days
following 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
the City.
4. If the preliminary plat is not approved by the City Council, the reasons for such action
shall be recorded in the proc~edings of the Council and shall be transmitted to the
applicant. If the preliminary plat is approved, such approval shall not constitute final
acceptance of the design and layout. Subsequent approval will be required of the
engineering proposals and other features and requirements as specified by this
Ordinance 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 to protect the
health, safety, comfort, general welfare and convenience ofthe City.
5. The City Council reserves the right to decline approval of a preliminary plat if: due
regard is not shown for the preservation of all natural features, such as topography,
trees, water courses, scenic points, prehistoric and historical spots, and similar
~. community assets which, if preserved, will add attractiveness and stability to the
proposed development of the property and/or the standards of this Ordinance,
- including, bu1 not limited to, Section 54.12 and/or 54.13 are not met.
6. The subdivider-dëveloper shall be notified by the City Administrator· of the City
Council's action together with the reason for such action and what requirements will
be necessary 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 Pla~ shall be effective for a period of one hundred twenty days (120),
. unless an extension is granted by the City Council.
Subd. 4: Final Plat Approval.
.A. Following 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
otherwise specified as part of a Development Agreement. If this procedure is not
followed, then approval of the preliminary plat shall be considered void, unless the
applicant submits a request for time extension in writing thirty (30) days prior to the lapse
of approval and subsequently approved by the City Council.
B. The owner· 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
develop 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
regulations and all conditions and requirements upon which the preliminary plat approval
is conditioned either through performance or the execution of appropriate agreements
assuring performance.
City of St. Joseph Subdivision Ordinance 2003 Page 27 of 27
C. The owner shall submit a completed application, all required materials and sixteen (16) or II
more copies of the Final Plat to the City Administrator at least sixteen (16) days before
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 shaH become null and void. The owner shall also
submit a title opinion disclosing title to the property and any interests of other parties in
the property.
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
(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
with all conditions and requirements. the application shall be deemed finally approved,
and upon demand the municipality shall execute a certificate to that effect.
\. Recordinq of Final Plat. The owner, applicant and/or subdivider-developer shall file the
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
within sixty (60) days after approval by the City. No building permits shall be approved
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
Development Agreement have been met. In addition to the above requirements, the
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
Council, is of such scope as to constitute a new preliminary plat. A filing fee as established by the City
shall be charged for the amendment processing.
City of St. Joseph Subdivision Ordinance 2003 Page 28 of 28
Section 54.15: PLAT DATA REQUIREMENTS.
. Subd. 1: Preliminarv Plat Requirements. The Preliminary Plat shall contain the following information:
Á. General Information:
1. Proposed name of subdivision.· Names shall not duplicate or too closely resemble
names of existing subdivisions.
2. Location of boundary lines in relation to section, quarter section or quarter-quarter
section lines and any adjacent corporate boundaries, comprising a legal description
of the property.
3. Names and addresses of the developer and the designer making the Plat.
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).
5. Date and north· point.
6. Date of preparation.
7. The legal description of the land contained within the subdivision including the total
acreage of the proposed subdivision.
8. An indicâtionas to which lands are registered Torrens property or abstract property.
If land is registered property, a registered land survey shall be required.
- 9. Existing and proposed covenants, liens or encumbrances.
- 10. Elevation benchm-arks used for the topògraphic survey and datum on which· they
are based. -
11. Reference to the coordinate system use for the sùrvey.
12. Results of site evaluation, including percolation tests and soil borings.
B. ExistinQ conditions:
1. Boundary lines to include bearings, distances, curve data, and total acreage of
proposed plat, clearly indicated.
2. Existing zoning classifications for land in and abutting the subdivision.
3. Total area of the proposed plat
4. Location, width and name of each existing or platted street or other public way,
railroad and utility right-of-ways, public and private 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
improved section shall be shown.
5. All existing utilities, both overhead and underground within and adjacent to the plat.
City of St. Joseph Subdivision Ordinance 2003 Page 29 of 29
6. Sanitary sewers, storm sewers and culverts, including manhole invert and top
casting elevations, culvert entrance and outlet elevations, and pipe sizes and ,.
locations. Water mains including hydrant locations and pipe sizes.
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
land, within one hundred 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 of open water including the highest known water level, ravines,
quarries, bridges, culverts and other surface structures, wooden areas, rock out
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
percolation tests.
_12. One hundred (1 OO)-year flood elevations, the regulatory flood protection, and -
boundaries of floodway and flood fringe areas, if known, taking into consideration
tl1e 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.
Such statement may be required to be based upon an environmental assessment of
the site by an environmental engineering firm acceptable to the City.
14. Geotechnical data prepared by a qualified soils engineer showing surface and
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,
including depths, types of bottom sediments and aquatic vegetation.
16. All existing survey monuments that have been found.
17. Areas in the plat which have been designated as shoreland, wetlands and/or
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.
City of S1. Joseph Subdivision Ordinance 2003 Page 30 of 30
C. Proposed Development:
(II 1 '. The location and width, of proposed streets, roadways, alleys, pedestrian ways and
easements.
2. The location and character of all proposed public utility lines including gas lines,
power lines and telephone lines.
3. Layout numbers and dimensions of lots and a number or Jetter of each block.
4. Location and size of proposed parks, playgrounds, churches, or school sites or
other special uses of land to be considered 'for dedication to public use, or to be
reserved by deed of covenant for the use of all property own~rs in. the subdivision
and any conditions or such dedication or reservation.
5. Building set-back lines with dimensions. '
6. Indication of any lots on which use other than residential is proposed by the
subdivider.
7. The zoning districts, if any, on and adjacent to the tract.
a. Building pads intended for construction.
D. Supplementarv Requirements. Two (2) copies of each of the following submittals shall
accompany the Preliminary Plat:
1. Plan and profile sheets showing the . layout of each street, the existing centerline
. surface 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
paved 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
slopes in cut and fill sections. The full section shall show grading to each property
line.
3. A "drainage and utility plan" showing the approximate location and proposed size of
sanitary sewers, water mains, and facilities for handling surface runoff (storm sewers,
detention 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
station is contemplated for the sanitary sewer system, the service area shall be
delineated on a vicinity map provided separately or inset on the plat. Where
detention or rete'ntion 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
minimum area required to plat the lot.
4. A vicinity map at a legible scale (one (1) inch equals one thousand (1,000) feet or
larger) 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,
City of St. Joseph Súbdivision Ordinance 2003 Page 31 of 31
shall show the arterial and collector streets near the proposed plat, and shall show
utility connections too remote to be shown on the Preliminary Plat. ,II
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
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. Joseph Zoning 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.
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. ,e
Subd.2: Final Plat Requirements. The Final Plat shall contain the following information:
-
A. The Final Plat prepared for recording purposes shall be prepared in accordance with
provisions of state statutes and county regulations.
B. General Requirements:
1. Name of subdivision (not to duplicate or too closeiy 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
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.
Locations of such monuments shall be shown in reference to existing official
monuments or the nearest established street lin'es, including 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
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
distances. Permanent monuments shall be placed at all quarter section points within
the subdivision 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 all curves, and with all other information necessary to reproduce the plat on the
ground. Dimensions shall be shown from all angle points and points of curve to lot
lines.
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
6. The exact locations, widths, and names of all streets to be dedicated.
7. Location and width of all easements to be dedicated.
8. Boundary lines and description of boundary fines of any areas other than streets and
alleys which are to be dedicated or reserved for public use.
9. Building set-back fines 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.
12. Statement dedicating all easements as follows:· Easements for installation and
maintenance of utilities and drainage facilities are reserved over, under and along the
- strips marked "utility easements," "drainage easements," or ."draiñage and utility.
easements." --'
13. Statement dedicating all streets, alleys and other public· areas not previously
dedicated as follows: Streets, alleys and other public areas shown on this Plat and
not heretofore dedicated to public use are hereby so dedicated.
14, Statement establishing building set-back lines as follows: Building set-back lines are
hereby established as shown on the accompanying plat and no building or portion
thereof shall be built between this line and a street line.
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
are as represented.
2. Certification showing that all taxes and special assessments due on the property
have been paid in full.
3. Space for Certificates of Approval to be filled in by the signatures of the Chairman of
the Planning Commission and the Mayor and Administrator of the City.
a. The form of approval by the Planning Commission is as follows:
City of St. Joseph Subdivision Ordinance 2003 Page 33 of 33
"Approved by the Planning Commission of the City of St. Joseph this _ day of ~
20_ ( -
Chairman
ATTEST:
"
Secretary
b. The form of approval by the City Council is as follows:
"Approved by the City Council of St. Joseph, Minnesota, this _ day of ,20_.
Mayor
ATTEST:
"
City Administrator
D. Supplementary documents and information.
1. Copies of any private restrictions affecting the subdivision or any part thereof.
2. Developers Agreement covering proposed improvements.
-
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, approximate size of inlet and outlet pipes, volume of water to be
stored, normal ground and water elevation and enough typical sections to enable the
City to determine what the facility will look like, what the effect on adjacent property will
be and to insure that enough land 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
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
prepared by the City for projects following the publicly financed pubiic improvement
process.
Subd. 3: Documentation required fOllowing approval.
A. Three complete sets of 11" x 17" reproducible as-built construction drawings for any
pubiic 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
one scanned copy for imaging shall be submitted to the City.
i. 8. . Upon adoption and filing of a final plat, the City shall prepare a street address map and
distribute it to the applicant, utility companies. police department, ambulance, fire
department, post office and County.
C. A disk of the recorded plat in AutoCadd or other approved format for inclusion in the
City's base map.
.
-
-
City of St. Joseph Subdivision Ordinance 2003 Page 35 of 35
Section 54.16: MINIMUM DESIGN STANDARDS.
Subd. 1: General Standards. .
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
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
unsuitable land conditions. Such land shall be set aside for uses as shall not involve
such a danger.
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
shall be encouraged where such use will result in a more desirable and efficient use of
the land.
D.ln 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
established by the St. Joseph Zoning Ordinance with regard to wetlands. .
Subd.2: Blocks.
A. Block Lenqth. In general, intersecting streets, determining- block lengths, shall be
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
three hundred (300) feet in length, except where topography or other conditions justify a
departure from this maximum. In blocks longer than eight hundred (800) feet, pedestrian
ways and/or easements through the block may be required near the center of the block.
Blocks for business or Industrial use should normally not exceed six hundred (600) feet in
length.
B. Block width. The width of the block shall normally be sufficient to allow two (2) tiers of
lots of appropriate depth. Blocks intended for business or industrial use shall be of such
width as to be considered most suitable for their respective use, including adequate
space for off-street parking and deliveries.
Subd. 3: Streets and Allevs.
A. Arranoement of Arterials and Collectors. The arrangement of arterial and collector
streets shall conform as nearly as possible to the St. 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
in their relation to the reasonable circulation of traffic, to topographic conditions, to run-off
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City of S1. Joseph Subdivision Ordinance 2003 Page 36 of 36
of storm water, to public convenience and safety and in their appropriate relation to the
:. proposed uses of the area to be served.
B. ArranQement of Local Streets. Local streets should be so planned as to discourage their
use by non-local traffic. Dead end streets are prohibited, but cul-de-sacs will be permitted
where topography or other conditions justify. their use. Jogs. at intersections shall be
avoided wherever possible.
C, Future Streets. Where the plat to be submittep 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 Lots and Oversized Lots. When a tract is subdivided into larger than normal building
lots or parcels, such lots or parcels shall be so arranged as to permit the logical location
and opening of future streets and appropriate subdivision, with provision for adequate
utility connections for such re-subdivision.
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. Arranqement of Frontaqe Roads. Wherever the proposed subdivision contains or is
adjacent to the right-of-way of a ra'ilroad or a limited access arterial, provision shall be ,
made for a frontage road adjacent to and more or less parallel with said right-of-way, or
for a strèet 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
. pavement separation, traffic storage at cross streets, and approach connections to future
grade separations.
G. ArranQement ofAllevs. Alleys shall be provided in commercial and industrial districts, -
except that this requirement may be waived where other definite and assured provision is
made for 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 as 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 provided at the closed end.
H. Half Streets. Dedication of half streets will not be allowed.
I. General Desiqn Standards. The following design standards shall be observed as
minimum requirements. Where in the opinion of the Planning Commission sound
engineering judgment dictates more stringent requirements in a given situation, the
minimum requirements shall be adjusted accordingly.
J. Riqht-of-Wav - Urban Desiqn: The following minimum right of way, curb-to-curb paved
width, horizontal radii and design strength shall be observed for streets accommodating
two-way traffic.
Street RIW Width Radii Stren Qth
Principal Arterial Design Design Design 10-ton
Minor Arterial 100 ft. 44 ft. Design 10-ton
Major Collector 80 ft. 40 ft. 300ft. 9-ton
Minor Collector 80 ft. 38 ft. 300 ft. 9-ton
Neighborhood Residential 66 ft. 36 ft. 200 ft. 9-ton
City of St. Joseph Subdivision Ordinance 2003 Page 37 of 37
Local Residential 60 ft. 32 ft. 50 ft. 7 -ton
Frontage 50 ft. 28 ft. 200 ft. 9-ton .
Trail 16 ft. 8 ft. N/A 7 -ton
Pedestrian Way 12 ft. 6 ft. N/A NfA
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 Desiqn 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.
Street Feet Required Paved Riqht-of-Wav
Principal Arterial Special Design Special Design
Minor Arterial 100 44
Collector 80 44
Local 80 32 or 36
Frontage 50 24
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. .
M. Private Streets. Private streets shall be prohibited and no publiç 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.
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
following range:
Street Minimum Maximum
Principal Arterial 0.04% 5%
Minor Arterial 0.04% 5%
Collector 0.04% 8%
Local 0.04% 8%
Frontage 0.04% 8%
Alley 0.04% 8%
Pedestrian Way 0.04% 5%
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.
P. Vertical Curves: Vertical Curves shall be designed based on proper site distance. In no case
will centerline vertical curves shorter than 50 feet be allowed.
City of S1. Joseph Subdivision Ordinance 2003 Page 38 of 38
Q. Drainaqè Facilities: Storm sewers, culverts and ditches shall be designed to accommodate a
five-year or greater frequency storm. Low points shall have an overflow that will direct the
(. runoff from a 1 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.
R. Detention or Retention Facilities:
1. . Detention ponds or basins shall, as a minimum, be designed to accommodate the critical
duration one hundred (1 00) year frequency rainfall event. Retention ponds or basins
shall, asa 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 ponds or basins shall have a one foot freeboard located entirely within the outlot set
. aside for. the pond or basin. Where additional protection is warranted, the above
. frequencies or freeboard shall be increased as the Engineer designing the facilities
deems necessary.
2. Irregular shapes for ponds or basins are desirable and encouraged. Basin bottoms shall
have at least a tWo percent (2%) slope to the outlet. Pond or basin side slopes shall not
be steeper than 6:1 (six horizontal to one vertical) except that slopes adjacent to
permanent standing water shall not be steeper than 10: 1 (ten horizontal to one vertical)
for a minimum distance of twenty (20) feet from the edge of the standing water. Ponds or
basins deeper 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 easement shall be provided from a near street to
the pond area for maintenance purposes. Ponds shall have a normal water depth of at
least four (4) feet and shall have enough surface area to ensure good water 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
hundred (100) feet from any building pad.
S.- Street Intersection_Offsets:· Street intersection jogs with centerline offsets of less than two
hun.dred (200) feet shall be prohibited. In general, provisions shall be made at intervals not
exceeding one-half (1/2) mile for through streets (streets runfling through the subdivision in a
fairly direct manner). Where any street intersection will involve earth banks or existing
vegetation inside ay lot corner that would create a traffic hazard by limiting visibility, the
developer shall cut such ground and/or vegetation (including trees) in connection with the
grading of the public right-of-way to the extent deemed necessary to provide an adequate
sight distance.
T. Exjstinq Streets of Inadequate Width. Where a subdivision abuts or contains an existing
street of inadequate width, sufficient additional width shall be provided to meet the standards
of this Ordinance.
U. Restriction of Access: Access of local streets onto arterial and collector streets shall be
discouraged at intervals of less than five hundred (500) feet.
V. Curb and Gutter: All urban streets, and all streets in commercial and industrial areas, shall
have curb and gutter in compliance with established City standard detail plates.
W. Street Name Desiqnation: Streets shall be designated pursuant to established City standards
in compliance 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-de-sacs less than three hundred (300) fee~ shall assume the designation of the street
or avenue they abut.
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City of St. Joseph Subdivision Ordinance 2003 Page 39 of 39
2. Loops shall be designated in a manner consistent with the surrounding area; however, ,.
short loops shall be designated with the descriptive term "circle".
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 name of the 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
profiles and elevations of finished streets for areas subject to flooding. Fill may be used for
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
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.
Subd.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
hundred twenty-five (125) feet for a rectangular lot and not less than one hundred twenty-five Ie
(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 th6usand (11,000) square feet in a R-1 Zone.
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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 of lots shall be approximately at right angles to street lines or radial to
curved street lines.
D. Double FrontaQe Lots. Double frontage lots shall be 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
depth of at least twenty (20) feet in order to allow space for screen planting along the back lot
line.
E. Required Frontaoe. Every lot must have at least the minimum required frontage on a public
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.
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
and which may alter normal lot planning. -
City of St. Joseph Subdivision Ordinance 2003 Page 40 of 40
H. Lots AlonQ Arterial Streets/Railroads. Residential lots shall be separated from highways,
Ie arterial streets and railroad right~of-ways by a fifteen (15) foot buffer strip, which may be in
the form of added depth or width of lots backing on or siding on the arterials or railroad
. right-of-ways.
I. Lot Remnants. Lot remnants which are below 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.
J. Controlled Access or Recreational Lots. Lots intended as controlled accesses to public
waters or for recreational use .areas for use by nonriparian lots within a subdivision must meet
or exceed the following standards:
1. They must lTIeet the width and size requirements for residential lots, and be suitable for
the intended uses of controlled access lots.
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
. increased 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
1 00-200 20
201-300 15
301-400 10
.
More than 400 5
. 3. They must be- jointly owned by all purchasers of lots in the subdivision or by all
purchasers of non-rip.?rian lots in the subdivision who are provided riparian access rights
on the access lot; and;
K. Covenants or 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 include 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. Examples of the non-significant conflict activities include swimming, sunbathing or
picnicking. The 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 screened by vegetation or topography as much as practical from view from the public
water, assuming summer, leaf-on conditions.
L. Buildable Lots. 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.
M. Lot pads. The 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
City of St. Joseph Subdivision Ordinance 2003 Page 41 of 41
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 the .
subdivision process.
N. Re-Subdivision of lots. When a tract is subdivided into larger than normal building lots or
parcels, such lots or parcels shall be so arranged as to permit the logical location and
openings of future streets and appropriate re-subdivision, with provision for adequate utility
connections for such re-subdivision.
O. Political Boundaries. No singular plat shall extend over political jurisdictional boundaries.
P. Frontaqe on Two Streets. Double-frontage, or lots with frontage on two (2) parallel or non-
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
strip shall be created in order to allow space for screen planting along the rear lot line.
S. Turn-Around Access. Where proposed residential lots abut a collector street, they shall be
platted in such a manner as to encourage turn-around access and egress on each lot and
discourage direct access onto such streets.
Subd.5: Easements.
A. General Requirements: Perpetual Easements shall be provided in such a way as to provide
continuity of alignment from block to block. The subdivider shall provide temporary
construction easements where determined necessary by the City. Perpetual Easements shall i.
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 -easements are placed shall 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. Utility 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 qnd 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
current plat. Where necessary, additional utility easements ten (10) feet wide shall be
provided adjacent to street rights-of-way.
C. City Utilities: Easements for sanitary sewer, watermain, storm sewer, and for related service
connections shall be provided as determined necessary by the City. Minimum easement
requirements for a single utility are as follows:
Depth of Utility Reauired Easement Width
o - 10 feet 20 feet
1 0 - 1 5 feet 30 feet
15 - 20 feet 40 feet
Add an additional ten (10) feet to the above requirements for each additional utility to be
included in the easement.
City of 81. Joseph Subdivision Ordinance 2003 Page 42 of 42
D. Watercourses: 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 such watercourse. . The easement shall be of sufficient width to permit free flow of .
anticipated surface 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 otherwise
upstream of the current subdivision.
E. Detention or Retention Facilities: Where the subdivider proposes to use a pond or basin to
control stormwater runoff, the following requirements shall be met:
1. The area containing the pond or basin shall be platted as an outlot and dedicated to the
public for drainage purposes. The outlot shall include the· area necessary to
accommodate 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
necessary to provide an emergency overflow to an established outlet.
2. On lots surrounding the pond or basin, a drainage easement shall be provided to include
all lot area within one (1) foot of vertical elevation from the edge of the outlot.
.
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City of St. Joseph Subdivision Ordinance 2003 Page 43 of 43
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.
Subd. 2: Monuments. Steel monuments shall be placed within six inches (6") of final elevation at
all blocked corners, angle points, points of curves in streets and at intermediate points as shown on the
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.
Subd.3: Street Improvements.
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 specifications for street construction as
approved by the City Council.
B. All streets shall be improved with pavement in accordance with the standards and
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
standards and specifications for street construction as approved by the City Council.
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 .
drainage for the subdivision. Where required the drainage facilities shall be constructed
i.n accordance with the standards and specifications for drainage and street construction
as approved by the City Council.
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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
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.
Subd. 6: Public Utilities.
A. All public utilities shall be underground.
B. Where telephone, electric and/or gas service lines are to be placed underground entirely,
conduits or cables shall be placed within easements or dedicated public ways, in such a
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
by easements.
C. Where telephone, electric, and/or gas service lines are to be placed underground in
dedicated public streets or alleys which are to receive concrete or bituminous surfacing, -
City of St. Joseph Subdivision Ordinance 2003 Page 44 of 44
said service 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
bituminous 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 Liohtinq Requirements. The minimum requirement for street lighting facilities
shall be required to be provided by the Developer and shall be as approved by the City~
Subd. 8: Traffic Siqns. The developer shall purchase and install traffic signs as directed and
reviewed/approved by the City within the proposed subdivision.
Subd. 9: Identification. Every buildable lot shall be identified by a sign that indicates the lot and
block number and ,address, if àvailable, which is approved by City staff prior to issuing any building
permits. These signs can be removed as lots are developed. .
Subd. 10: PlantinQ - Gateways, Entrances. Entrance areas shall be improved with weed free
soder the area shall be controlled with hay bales or riprap to avoid erosion, as approved by the City
Engineer. The planting of trees, the type and spacing on public property will be subject to the regulations
of the City Council. No planting, gateways, entrances and similar improvements may be made on public
property except with permission and approval of the CounciL
Subd. 11: Specificationsllnspections. Unless otherWise stated, all the required improvements
shall conform to engineering standards and specifications as required by the City Council. Such
improvements shall be subject to inspection and approval by, and shall be made in sequence as
determined by the City.
Subd. 12: Review and Inspection. The subdivider-developer shall pay for all costs incurred by
. the, City for subdivision review and inspection. This would include preparation and review of plans and
specifications by technical assis!ants and costs incurred by the Attorney, as well as other costs of similar
nature.
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Subd. 13: FinancinQ. The subdivider-developer shall be required to pay for all or a portion of the
above required improvements 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 development site together with any area or district-wide
benefits of prior construction.
B. Water Mains - Benefit rates will be based on the total costs of constructing water mains to
serve the development site together with any area or district-wide benefits of prior
construction.
C. Storm Drainage - Benefit rates will, be based on the cost of constructing storm sewers
necessary to provide adequate drainage of the development site together with any area
or district-wide benefits of prior construction. Where a larger watershed or drainage area
can be defined 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.
Subd. 14: PaYment City/Developer AQreement, Financial Guaranty
City of St. Joseph Subdivision Ordinance 2003 Page 45 of 45
A. Payment - The required improvements to be furnished and installed by the ,.
subdivider-developer, which are listed and described in 54.17.01 through 54.17.12, are to
be furnished and installed at the sole expense of the subdivider-developer and at no
expense to the public. If any improvement installed within the subdivision will be of
. 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
property within the subdivision.
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
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
City/Developer Agreement shall be in substantially similar form and content as the
attached City/Developer Agreement in Appendix "B" of this Ordinance.
C. As an alternative to paragraph a) above, the owner of the property included in a
preliminary plat may petition the City to install certain improvements required within
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
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.
D. Financial Guarantees - With the executio-n of thE> City/Developer Agreement, providing
that the developer will construct the required improvements for the Plat at his expense,
the 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-
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
order to guarantee and secure the correction of any defect in material or workmanship
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
reason 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
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
improvements which will be owned and maintained by the City. If during that twelve (12)
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.
City of S1. Joseph Subdivision Ordinance 2003 Page 46 of 46
Subd.10: Construction'Plans and As-Builts.
. A. Construction plans for the required improvements conforming in all respects· to the
standards of the City and applicable ordinances, shall be prepared by tRe City Engineer
or such . other professional engineer. as may be appointed by the City. Costs and
expenses incurred by the City for the preparation of constructions plans, and related
expenses, shall be paid by the developer.
B. City Engineer shall furnish the City with as-built drawings showing the improvements as-
built or in-place,
.
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Section 54.18: PUBLIC LAND DEDICATION.
Subd. 1: Reservation of Land. Where a proposed park, playground, school site or other public .
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
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
ground or park or school site by purchase or other means prior to approval of the Final Plat.
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:
Residential 10%
Commercial/Industrial 2%
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
leave such dedicated land in a condition suitable to the City Council.
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
reason, the City Council may require in lieu of land dedication, a payment to the City of a sum equal to
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- .
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, .and the third to be selected by the
two previously appointed appraisers; and the 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
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
escrow account for payment upon completion of the appraisal.
Such dedication of land for public use shall be without restrictions or reservations and shall be transferred
to the City.
Subd.4: General Reauirements.
A. Land to be dedicated shall be reasonably suitable fOL 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
include size, shape, topography, geology, hydrology, tree cover, access, and location.
B. The applicant shall confer with City Staff and the City Council at the time the preliminary
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
sent to the Planning Commission for review and comment and subsequently to the City
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City of S1. Joseph Subdivision Ordinance 2003 Page 48 of 48
C. When a proposed park, playground, reéreational area, or other public ground has been
. indicated in the City's official map or Comprehensive Plan and is located in whole or in
part within a proposed plat, it shall be dedicated to the. approximate governmental unit. If
. the applicant elects not to dedicate an area in excess of the land required hereunder for a
proposed public site that the City feels is in the public interest to acquire, the City may
consider acquiring the excess land through purchase, condemnation, or negotiation.
D. Land area conveyed or dedicated to the City shall not be used in calculating density
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requir~ments of the City Zoning Ordinance and shall be in addition to and in lieu of open
space requirements for planned unit developments.
E. Where private open space for park and recreation purposes is provided in a proposed
subdivision, such areas shall not be used for credit against the requirement of dedication
for park and recreation purposes, unless the City Council finds it in the public interest to
do so.
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 cases, a cash contribution shall be required above the land dedication to insure
that compensation is received for the full amount öf the impact on the City's park and trail
system.
G. The City may elect 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
dèdicated land and/or the value of the development of land shall be calculated. That
amount shall be subtracted from the cash contribution required by the Subsection I
above.
H. Planned unit developments with mixed land uses shall make cash and/or land
. .' contributions in accordance with this Section based upon the 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 may require the payment at the time of final plat approval or at a
later time under terms agreed upon in the development agreement. Delayed payment
may include interest at a rate set by the City.
J. Cash contributions for parks 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 acquisition or development as determined by the City. Addition~IIy, said funds may
be utilized anywhere within the City park and trail systems.
K. Wetlands, ponding areas, and drainageways accepted by the City may not be considered
in the parkland and/or cash contribution to the City.
L. Property being re-platted with the same number of lots and same number of dwelling
units shall be exempt from all park land dedication requirements. If the number of lots or
the number of dwelling units is increased, of if land outside the previously recorded plat is
added, then the park land dedication and/or park cash contributions shall be based on
the additional lots and on the additional land being added to the plat. If the additional land
does not create additional lots, then each one-third (1/3) acre added shall be considered
a new lot for purposes of calculating the dedication requirements.
M. When land is dedicated and deeded to the City for park purposes, it shall be the
responsibility of the City to maintain such dedicated property.
N. Land dedication to the City shall be in the form of lots or outlots with approved lot and
City of St. Joseph Subdivision Ordinance 2003 Page 49 of 49
block numbers.
O. Parks bordered on one (1) or more sides by existing creeks or streams shall ensure .
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
to meet the needs of the planned faciliti~s, 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
improvement of said parking area.
Q. The Developer shall be responsible for grading and seeding of required parkland, to City
specifications.
Subd. 5: Maintenance of Private Open Space. In the event certain land areas or structures are
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
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:
A. Dedicated to the public where a community-wide use would be anticipated.
B. Applicant's ownership and control.
C. Property owners association ownership and control, provided all of the following .
conditions are met:
1. The property owners association must be established prior to the sale of any lot.
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2. Membership must be mandatory for each owner and any successor in interest.
3. The open space restrictions must be in perpetuity, not for a given period of years.
4. The association must be responsible for liability insurance, local taxes and the
maintenance of the recreational area and facilities.
5. Landowners (homeowners) must pay their prorated share of the cost, and any
assessment levied by the association then can become a lien on the property in
accordance with law.
6. The association must be able to adjust the assessment to meet changed needs.
City of 81. Joseph Subdivision Ordinance 2003 Page 50 of 50
Section 54.19: ADMINISTRATION AND ENFORCEMENT.
. Subd. 1: Responsible Official. ·,t shall be duty of the City Council to see that the provisions of this
Ordinance are properly enforced.
Subd. 2: BuildinQ Permit. No building permit shall be issued by any governing offièiaL for the
construction of any buildings, structures, or improvements on land henceforth subdivided until all
applicable requirements of this Ordinance have been fully complied with.
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: Variances.
A. Whenever it is found that the land included in a subdivision plat, presented for approval,
is of such 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 50 that substantial justice may be done and the public interest secured.
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)
as may be amended.
Subd. 5: Violation. Any person violating any provisIon of this Ordinance shall be guilty of a
misdemeanor. Each day during which compliance is delayed or such violation continues or occurs shall
. constitute a separate offense and may be prosecuted as such.
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City of St. Josèph Subdivision Ordinance 2003 Page 51 of 51
SECTION 54.20: SCHEDULES OF ADMINISTRATIVE FEES, CHARGES AND EXPENSES.
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
established by the Council and collected by the City Administrator for deposit in the City's accounts.
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.
Subd. 2. Such fees, charges and estimated expenses (as well as a deposit, if so required by the
City Administrator) shall be collected prior to City action on any application. All such applications shall
be accompanied by a written statement between the City and the applicant/landowner (when the
applicant is not the same person or entity as the landowner, both the landowner and the applicant must
sign the agreement) whereby the applicant/landowner agrees to pay all applicable fees, charges and
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 applicant/landowner.
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
currently required by the City or which may be established in the future.
Updated 9/1999
Updated 312003
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