HomeMy WebLinkAbout[05o] Ordinance 504-Subdivision Regulations [stricken] CHAPTER V—BUILDING, LAND USE & REGULATIONS
ORDINANCE 504 SUBDIVISION REGULATIONS.......................................................504-00
Section 504.01: TITLE AND CONTENTS................................................................504-01
Section 504.02: PURPOSE........................................................................................504-01
Section 504.03: SCOPE OF LEGAL AUTHORITY..................................................504-02
Section 504.04: SHORT TITLE ................................................................................504-03
Section 504.05: JURISDICTION, APPLICATION, COMPLIANCE AND
VALIDITY. .......................................................................................504-03
Section 504.06: EXCEPTIONS .................................................................................504-04
Section 504.07: DEFINITIONS..................................................................................504-05
Section 504.08: GENERAL PLATTING REQUIREMENTS .....................................504-17
Section 504.09: SHORELAND/FLOOD PRONE LANDS ........................................504-18
Section 504.10: MINOR SUBDIVISIONS ................................................................504-19
Section 504.11: COMMON INTEREST COMMUNITIES........................................504-21
Section 504.12: PREMATURE SUBDIVISIONS......................................................504-22
Section 504.13: DISQUALIFICATION/DENIAL OF PLATS...................................504-24
Section 504.14: PLATTING REVIEW PROCEDURES............................................504-25
Section 504.15: PLAT DATA REQUIREMENTS.....................................................504-31
Section 504.16: MINIMUM DESIGN STANDARDS ...............................................504-39
Section 504.17: REQUIRED IMPROVEMENTS.......................................................504-49
Section 504.18: PUBLIC LAND DEDICATION.......................................................504-53
Section 504.19: ADMINISTRATION AND ENFORCEMENT.................................504-58
Section 504.20: SCHEDULES OF ADMINISTRATIVE FEES, CHARGES AND
EXPENSES........................................................................................504-59
504-0
CHAPTER V—BUILDING, LAND USE & REGULATIONS
ORDINANCE 504 SUBDIVISION REGULATIONS
Section 504.01: 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: Contents.
TITLE AND CONTENTS ............................................Sect. 504.01.......Page 01
PURPOSE ....................................................................Sect. 504.02.......Page 01
SCOPE..........................................................................Sect. 504.03.......Page 02
SHORT TITLE..............................................................Sect. 504.04.......Page 03
JURISDICTION, APPLICATION, COMPLIANCE,
VALIDITY....................................................................Sect. 504.05.......Page 03
EXCEPTIONS ..............................................................Sect. 504.06.......Page 04
DEFINITIONS..............................................................Sect. 504.07.......Page 05
GENERAL PLATTING REQUIREMENTS..................Sect. 504.08.......Page 17
SHORELAND/FLOOD PRONE LANDS .....................Sect. 504.09.......Page 18
MINOR SUBDIVISIONS .............................................Sect. 504.10.......Page 19
COMMON INTEREST COMMUNITIES.....................Sect. 504.11.......Page 21
PREMATURE SUBDIVISIONS...................................Sect. 504.12.......Page 22
DISQUALIFICATIONS/DENIAL OF PLATS..............Sect. 504.13.......Page 24
PLATTING REVIEW PROCEDURES .........................Sect. 504.14.......Page 25
PLAT DATA REQUIREMENTS..................................Sect. 504.15.......Page 31
MINIMUM DESIGN STANDARDS ...........................Sect. 504.16.......Page 39
REQUIRED IMPROVEMENTS ..................................Sect. 504.17.......Page 49
PUBLIC LAND DEDICATION ..................................Sect. 504.18.......Page 53
ADMINISTRATION AND ENFORCEMENT ............Sect. 504.19.......Page 57
ADMIN. FEES, CHARGES & EXPENSES..................Sect. 504.20.......Page 58
Section 504.02: PURPOSE.
Subd. l: 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.
504-1
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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 504.03: 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 the City of St. Joseph or any combination of two or more lots shall proceed
in compliance with this Ordinance. It is the purpose of this Ordinance to make certain
regulations and requirements for the platting of land within the City pursuant to the authority
contained in Minnesota Statutes chapters 412, 429, 471, and 505, which regulations the City
Council deems necessary for the health, safety, general welfare, convenience and good order of
this community.
Subd. 2: The City shall have the power and authority to review, amend and approve
subdivisions 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.
504-2
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Section 504.04: 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."
Section 504.05: 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 unincorporated 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
municipality; and provided further, that the governing body or bodies of unincorporated areas
adjacent to the City have not adopted ordinances for the regulation of subdivision of land or
platting.
Subd. 2: Application. Any plat hereafter made for each subdivision 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 be recorded 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: Validity. Should any section or provision of this Ordinance be declared by a
court of competent 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.
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 Recording. No plat or subdivision shall 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 this 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.
504-3
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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: Separability. 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,
building 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.
Section 504.06: 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 21/z acres
in area and 150 feet in width on January 1, 1966; OR Was a separate parcel of not
less than five acres in area and 300 feet in width on July 1, 1980; OR Is a single
parcel of commercial or industrial land of not less than five acres and having a
width of not less than 300 feet and its conveyance does not result in the division
of the parcel into two or more lots or parcels, any one 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 two or
more lots or parcels, any one of which is less than 20 acres in area or 500 feet in
width.
504-4
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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 5 04.10 of this Ordinance are followed.
Section 504.07: DEFINITIONS.
The language set forth in the text of this Ordinance shall be interpreted in accordance
with these rules of construction. 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. The singular number
includes the plural, and the plural the singular. The present tense includes the past and the future
tenses, and the future the present. The word"shall" is mandatory while the word"may" is
permissive. All measured distances shall be expressed in feet and decimals of feet.
The following words and terms shall have the meaning provided for in the definition.
Subd. 1: Access Way. A public or private right-of-way across a block or within a block
to provide non-vehicular access, to be used by the general public.
Subd. 2: Alley. A public 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.
Subd. 3: Applicant. The owner, their agent, or other person having legal control,
ownership and/or interest in the land proposed to be subdivided.
Subd. 4: Attorney. The attorney employed or retained by the City, unless otherwise
stated.
Subd. 5: Base Lot. A lot meeting all the specifications within its zoning district prior to
being divided into a subdivision of single family attached units.
Subd. 6: 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.
Subd. 7: Bikeway. 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.
Subd. 8: 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.
504-5
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Subd. 9: 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):
a) Part or all of the feature is located in a shoreland area;
b) The slope rises at least 25 feet above the ordinary high water level of the water
body;
C) 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,
d) The slope must drain toward the water body.
Subd. 10: Bluff Impact Zone. A bluff and land located within twenty (20) feet from the
top of a bluff.
Subd. 11: Boulevard. The portion of the street right-of-way between the curb line and
the property line.
Subd. 12: Building. Any structure built for the support, shelter or enclosure of persons,
animals, chattel or movable property of any kind, and includes any structure.
Subd. 13: 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.
Subd 14: Caliper. The diameter of replacement or new trees measured at a height of two
(2) feet above the ground level.
Subd. 15: 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.
Subd. 16: City. The City of St. Joseph, Stearns County, Minnesota, and also means City
Council.
Subd. 17: City Council. The governing body of the City of St. Joseph.
Subd. 18: 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.
504-6
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Subd. 19: Common Interest Community. A contiguous or noncontiguous real estate
within Minnesota that 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).
Subd. 20: Comprehensive Plan. The groups of maps, charts and text that make up the
comprehensive long range plan of the City.
Subd. 21: Conditional Approval. An affirmative action by the City indicating that
approval will be forthcoming upon satisfaction of certain specified stipulations.
Subd. 22: Contour Interval. The vertical height between contour lines.
Subd. 23: Contour Map. A map on which irregularities of land surface are shown by
lines connecting points of equal elevations.
Subd. 24: Conveyance. The sale, trading, donation or offer of sale or other transfer of
land.
Subd. 25: Copy. A print or reproduction made from a tracing.
Subd. 26: 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)
Subd. 27: 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.
Subd. 28: Detention Basin. A facility 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 facility so that the basin is dry after the runoff
event. (See also Detention Pond, Retention Basin, and Retention Pond).
Subd. 29: Detention Pond. A facility designed to temporarily store runoff from rainfall
or snow melt, releasing the stored water at a controlled rate until the water has been brought
down to a predetermined level. The outlet or control structure is located in such a way that some
water remains in the facility. 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).
504-7
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Subd. 30: 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.
Subd. 31: Development. Acts relating to subdividing land, platted land, building
structures and installing site improvements.
Subd. 32: Double Frontage Lot. A lot other than a corner lot which has a property line
abutting on one street and an opposite property line abutting on another non-intersecting street.
Subd. 33: Drainage Course. A watercourse or surface area for the drainage or
conveyance of surface water.
Subd. 34: Easement. A grant by a property owner for the use of a defined piece of land,
either on 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.
Subd. 35: 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.
Subd. 36: 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.
Subd. 37: Final Plat. A drawing or map of a subdivision, meeting all the requirements of
the City and in such form as required by the County for purposes of recording.
Subd. 38: Flood Related.
a) 100-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 100-year
recurrence interval as determined by the use of the 100-year flood profile and
other supporting technical data in the Flood Insurance Study, or in any other
officially adopted City flood study.
b) 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.
C) 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.
504-8
CHAPTER V—BUILDING, LAND USE & REGULATIONS
d) FEMA. The U. S. Federal Emergency Management Agency.
e) Flood. A temporary rise in stream flow or stage that results in inundation of the
areas adjacent to the channel.
f) Flood Frequency. The average frequency, statistically determined, for which it is
expected that a specific flood stage or discharge may be equaled or exceeded.
g) Flood Fringe. That portion of the flood plain outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe"used in the Flood
map/boundary and/or Flood Insurance Study of the City.
h) Flood Hazard Areas. The areas included in the floodway and flood fringe as
indicated on the official zoning map (Shoreland Overlay District) and the Flood
Hazard Boundary Map, Flood Insurance Study and/or Flood Insurance Rate Map
which have been officially adopted by the City.
i) Flood Hazard Boundary Map. The most recent Flood Hazard Boundary Map
prepared by FEMA for the City, as may be amended.
j) Flood Insurance Rate Map. The most recent Flood Insurance Rate Map prepared
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.
k) 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.
1) Flood Plain. The areas adjoining a watercourse which have been or hereafter may
be covered by the 100-year flood as determined by the use of the 100-year flood
profile and other supporting technical data in the Flood Insurance Study, or in any
other officially adopted City flood study. The flood plain includes the floodway
and the flood fringe.
m) Floodproofing. A combination of structural provisions, changes or adjustments to
properties and structures subject to flooding primarily for the reduction or
elimination of flood damages to properties, water and sanitary facilities, structures
and contents of buildings in a flood hazard area in accordance with the Minnesota
State Building Code.
504-9
CHAPTER V—BUILDING, LAND USE & REGULATIONS
n) 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 flood profile and other supporting
technical data in the Flood Insurance Study, 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.
o) Floodway Fringe. The area between the floodway and the outer edge of the 100-
year flood plain boundary that could be completely obstructed during a 100-year
flood without a rise in surface water elevation of more than 1.0 feet at any point.
p) 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.
q) 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.
r) Regulatory Flood Protection Elevation. A point not less than one (1) foot above
the water surface profile associated with the 100-year flood as determined by the
use of the 100-year flood profile and supporting 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.
S) 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.
Subd. 39: 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.
504-10
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Subd. 40: 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.
Subd. 41: Intensive Vegetation Clearing. The complete removal of trees or shrubs in a
contiguous patch, strip, row or block.
Subd. 42: Land Disturbance. Any area in which movement of earth, alteration in
topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other
change in the natural character of the land occurs as a result of the site preparation, grading,
building construction or other construction activity.
Subd. 43: 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).
Subd. 44: Lot. A portion of a subdivision or other parcel of land intended for building
development or for transfer of ownership.
Subd. 45: Lot Line, Side. Any boundary of a lot that is not a front lot line or a rear lot
line.
Subd. 46: 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.
Subd. 47: Lot, Width. The horizontal distance between the side lot lines of a lot
measured at the building setback line, location of the principal building and, if applicable,
ordinary high water level. For corner lots, lot width shall be determined by measuring the
horizontal distance between a side lot line and the applicable opposite front lot line.
Subd. 48: 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.
Subd. 49: Minor Subdivision. The division of a single parcel, lot, or tract, into two
separate parcels, lots, or tracts.
Subd. 50: Multiple Family Dwelling. A dwelling containing more than two (2) separate
living units.
504-11
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Subd. 51: 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.
Subd. 52: 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.
Subd. 53: 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 level 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.
Subd. 54: 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.
Subd. 55: 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 of them.
Subd. 56: Parcel. An individual lot or tract of land.
Subd. 57: Parks and Playgrounds. Public lands and open spaces in the City of St. Joseph
dedicated or reserved for and usable for recreation purposes.
Subd. 58: 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.
Subd. 59: 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.
Subd. 60: Planning Commission. The Planning Commission of the City of St. Joseph.
Subd. 61: 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
of the City of St. Joseph, to allow for a mixture of residential units or residential and commercial
units in an integrated and well-planned area and to ensure the concentration of open space into
more usable areas and preservation of natural resources of the site including wetlands, steep
slopes, vegetation, and scenic areas.
504-12
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Subd. 62: Planned Unit Residential Development. A tract of land containing not less
than 20 acres and which contains or will contain two or more principal residential buildings,
developed or to be developed under unified ownership or control, the development of which is
unique and of a substantially different character than that of the surrounding areas, including but
not limited to the provision of common open space for use by all residents of the tract.
Subd. 63: Preliminary Approval. Approval of the preliminary plat by the City Council
which constitutes authorization to proceed with final engineering plans and final plat preparation,
taking into consideration any conditions for approval.
Subd. 64: Preliminary Plat. A tentative drawing or map of a proposed subdivision
meeting the requirements herein enumerated.
Subd. 65: 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.
Subd. 66: 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.
Subd. 67: Public Waters. Any waters as defined in Minnesota Statutes, section 105.37,
subdivisions 14 and 15, as may be amended.
Subd. 68: Publication. An official notice as prescribed by Minnesota Statutes.
Subd. 69: Quadraminium. Single structures which contain four (4) subdivided dwelling
units, all of which have individually separate entrances from the exterior of the structure.
Subd. 70: Reserve Strips. A narrow strip of land placed between lot lines and streets to
control access.
Subd. 71: 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).
Subd. 72: 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).
504-13
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Subd. 73: 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.
Subd. 74: Roadway. The portion of street right-of-way improved for vehicular travel.
Subd. 75: 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.
Subd. 76: Setback. The distance between a building and the property line nearest thereto.
Subd. 77: 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.
Subd. 78: Shoreland. Land located within 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.
Subd. 79: Single-Family 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.
Subd. 80: 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
Subd. 81: 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:
a) 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 intercommunity 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.
b) Arterial, Principal. Applies to streets and highways that carry traffic from city to
city. Emphasizes mobility through the City. Carries the major portion of trips
entering and leaving the community, as well as the majority of through
movement. Serves the major centers of activity, the longest trips, and carries a
high proportion of urban travel on minimum mileage. Emphasizes mobility and is
usually characterized by restricted access to abutting property.
504-14
CHAPTER V—BUILDING, LAND USE & REGULATIONS
C) Collector. Carries traffic from the arterial systems to local street destinations, and
vice versa. Provides traffic circulation within neighborhoods, and within
commercial and industrial areas. "Major" collector applies to through streets
connecting large parts of the City to streets serving areas with concentrations of
multiple family dwellings and to business, commercial and light industrial
districts. "Minor" collectors apply to residential through streets that carry traffic
from multiple neighborhoods to the collector arterial network. Operating speeds
are at or above 30 miles per hour and intermittent on-street parking can be
accommodated on a regular basis.
d) Cul-de-sac. A local street with only one outlet and having an appropriate terminal
for the safe and convenient reversal of traffic movement.
e) Dead End. A street, or a portion thereof, with only one vehicular traffic outlet.
f) 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 a
functional 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.
g) Half Street. A street having only one-half of its intended roadway width
developed to accommodate traffic.
h) 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.
i) Residential, Neighborhood. Applies to residential streets that carry traffic into
and out of a neighborhood. Normal operating speeds are near 30 m.p.h. and
parking is limited to guests or an occasional delivery truck.
j) 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.
Subd. 82: Street Width. The shortest distance between lines of lots delineating the street
right-of-way.
Subd. 83: 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.
504-15
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Subd. 84: 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.
Subd. 85: Surveyor. A land surveyor registered under Minnesota State Statutes.
Subd. 86: Tangent. A straight line that is perpendicular to the radius of a curve at a point
on the curve.
Subd. 87: 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.
Subd. 88: 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.
Subd. 89: Trail. A linear component of the community's park system.
Subd. 90: Two-Family Dwelling. A dwelling designed exclusively for occupancy by
two (2) families living independently of each other.
Subd. 91: 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.
Subd. 92: Urban Service Area. That portion of the City, as geographically defined 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.
Subd. 93: 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.
Subd. 94: Vertical Curve. The surface curvature on a street centerline located between
lines of different percentage of grades.
504-16
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Subd. 95: 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.
Subd. 96: Zoning District. An area as described by the official zoning ordinance of the
City of St. Joseph.
Subd. 97: Zoning Ordinance. The Ordinance or resolution controlling the use of land as
adopted by the City.
Section 504.08: GENERAL PLATTING REQUIREMENTS.
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 during construction and development. All section,
quarter section, and sixteenth section covers shall be duly described and tied.
Subd. 2: Land Suitability 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 slopes,
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 Flooding. 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 conform 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 economic burden upon the City.
504-17
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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 registered 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. Unless:
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.
Section 504.09: SHORELAND/FLOOD PRONE LANDS.
Subd. 1: Warning and Disclaimer of Liability for Flooding. 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 hereunder. 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 Flooding and Flood Control. No land shall be subdivided if the
City Council finds the land unsuitable for subdividing due to flooding 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 flood 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
flood 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.
504-18
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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
floodproofed 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 failure 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.
Section 504.10: 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 of a
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.
504-19
CHAPTER V—BUILDING, LAND USE & REGULATIONS
b) The data and supportive information detailing the proposed subdivision shall be
as follows:
1. Certificate of Survey. If the property affected is registered land, a
Registered Land Survey shall be required. Ten (10) copies of the survey
shall be submitted to the City Administrator not less than two weeks prior
to the next Planning Commission meeting. Contents of the Certificate of
Survey shall include:
A. North arrow.
B. Lot sizes in square feet, prior to and after the proposed split.
C. Existing buildings and setbacks from proposed lot lines.
D. Tree cover.
E. Legal descriptions for the parcels to be created.
F. Streets and easements.
2. Additional Information. In addition to the Certificate of survey, the
applicant shall submit:
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: Processingof f Request for Minor Subdivision Approval.
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 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 504.14 (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.
504-20
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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
Survey or Registered Land Survey shall be filed and recorded at the Office of the
County Recorder within thirty (30) days of approval.
Section 504.11: 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 Ordinance.
Subd. 2: Requirements. 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 by a 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.
504-21
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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 distribution of uses.
Subd. 5: Special Conditions for Shoreland Areas.
a) Inconsistencies between existing features of development and those required by
this ordinance and Ordinance 502 (Zoning Ordinance) shall be identified.
However, existing dwelling unit or dwelling site densities that exceed standards of
Ordinance 502 (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
improvements made as part of the conversion. These improvements must include,
where applicable, the following:
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.
Section 504.12: PREMATURE SUBDIVISIONS.
Subd. 1: Any preliminary plat of a proposed subdivision deemed premature for
development shall be denied by the City Council.
Subd. 2: A subdivision may be deemed premature should any one or more of the
conditions set forth in the following provisions exist:
a) Lack of Adequate Drainage. 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
504-22
CHAPTER V—BUILDING, LAND USE & REGULATIONS
their ability to adequately support surface water runoff and waste disposal
systems; the slope of the land and its effect on effluents; and the presence of
streams as related to effluent disposal. A condition of inadequate drainage shall
be deemed to exist i£
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 Highways to Serve the Subdivision. A proposed
subdivision 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.
504-23
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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.
e) Providing 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 St. Joseph, as may be amended.
Subd. 3: The burden shall be upon the applicant to show that the proposed subdivision is
not premature.
Section 504.13: DISQUALIFICATION/DENIAL OF PLATS.
Subd. 1: The City Council may deny the subdivision if it makes any one 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, soil 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 of the subdivision or the proposed improvements are likely to
cause substantial environmental 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.
504-24
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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.
Section 504.14: 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 Application Meeting. Prior to the submission of any preliminary plat the
subdivider-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 the
City. Submission of a sketch plan shall not constitute formal filing of a plat with
the City. The City shall arrange a pre-application meeting with the developer, the
City Engineer, Public Works Staff, City Planner and other departments deemed
necessary in order to provide the developer with input on the proposed sketch
504-25
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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.
3. Cluster subdivisions or open space design subdivisions that preserve open
space for future development.
b) Design Requirements. The build out plan (ghost plat) shall illustrate the
following:
1. Lot design consistent with the long term planning for the area
(Comprehensive Plan).
2. The layout of future streets. Local streets shall be planned to provide
street connections to adjoining parcels, neighborhoods, or future
development open spaces as a means of discouraging the reliance on
County and State roads for local trips.
3. 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.
504-26
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Subd. 3: Preliminary Plat Approval.
a) There will be required a cash fee in an amount established by City Council. 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 City Council based upon anticipated cost of
review. Such escrow deposit when required will be over and above the fee
required in 504.14 Subd. 3a 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 registered land surveyor, or engineer to
prepare a preliminary plat of the area to be subdivided. The preliminary plat shall
be drafted in compliance with applicable standards of this Ordinance.
d) The 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 two (2 full sizesiteen-(U+copies one 1
11x17 copy and an electronic version 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 Heads, the City Engineer, the City Attorney, 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) All 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
504-27
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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.
i) Planning 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.
504-28
CHAPTER V—BUILDING, LAND USE & REGULATIONS
5. The subdivider-developer 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.
j) City Council Action.
1. Prior to consideration of the Preliminary Plat by the City Council, the
subdivider-developer shall submit an additional two (� full size copies
one1) 11x17 copy and an electronic version sv�te-en-(1 )- ` rof 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 proceedings 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 such revisions or
modifications in the preliminary plat or final plat as it deems necessary to
protect the health, safety, comfort, general welfare and convenience of the
City.
5. The City Council reserves the right to decline approval of a preliminary
plat if. due regard is not shown for the preservation of all 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, but not limited
to, Section 504.12 and/or 504.13 are not met.
504-29
CHAPTER V—BUILDING, LAND USE & REGULATIONS
6. The subdivider-developer 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 Plat 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 all 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.
C) The owner shall submit a completed application, all required materials two 2
full size copies, one 11x17 copy and an electronic version zawl-r+x4een-(4
mi e- ins 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 shall become null and void.
The owner shall also submit a title opinion disclosing title to the property and any
interests of other parties in 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.
504-30
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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) Planning 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.
i) Recording 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 evidence 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.
Section 504.15: PLAT DATA REQUIREMENTS.
Subd. 1: Preliminary Plat Requirements. The Preliminary Plat shall contain the
following information:
a) General Information.
504-31
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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 indication as 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 benchmarks used for the topographic survey and datum on
which they are based.
11. Reference to the coordinate system use for the survey.
12. Results of site evaluation, including percolation tests and soil borings.
b) Existing 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
504-32
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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.
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 (100)-year flood elevations, the regulatory flood protection,
and boundaries of floodway and flood fringe areas, if known, taking into
consideration the 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
11513.02, Subd. 8. Such statement may be required to be based upon an
504-33
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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
St. Joseph's Shoreland Overlay District as set forth within the City's
zoning ordinance, including the high water mark of all wetlands.
C) Proposed Development.
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 letter 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
owners 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.
8. Building pads intended for construction.
d) Park and Trail Plan. Park and trail plan pursuant to Ordinance 504.18.
504-34
CHAPTER V—BUILDING, LAND USE & REGULATIONS
e) Supplementary 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 retention facilities are contemplated, their location and
approximate size shall be shown on the plan; before the final plat is
accepted, a detailed preliminary design must be provided for the ponds or
basin as set forth elsewhere herein. The land used for construction of a
detention or retention facility shall not overlap the 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, 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.
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.
504-35
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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 502.07 Subd. 2 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.
f) 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.
Section 504.15 amended 1/07
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 closely 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 lines, 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
504-36
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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 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 lines of any areas other than
streets and alleys which are to be dedicated or reserved for public use.
9. Building set back lines on front and side streets with dimensions.
10. Name and address of developer and surveyor making the Plat.
11. Scale of Plat (the scale to be shown graphically and in feet per inch) date
and north point.
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 "drainage 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.
504-37
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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:
"Approved by the Planning Commission of the City of St. Joseph this day
of , 20
Chairman
ATTEST:
J)
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.
504-38
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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 504.17 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 public improvement process.
Subd. 3: Documentation required following approval.
a) Three complete sets of 11" x 17"reproducible as-built construction drawings for
any public improvements constructed in the subdivision shall be furnished to the
City for the City files and City Engineer, within one hundred twenty (120) days
after the construction is complete and approved by the City. In addition one (1)
digital GIS formatted copy and one scanned copy for imaging shall be submitted
to the City.
b) Upon adoption and filing of a final plat, the City shall prepare a street address
map and distribute it to the applicant, utility companies, police department,
ambulance, fire department, post office and County.
C) A disk of the recorded plat in AutoCAD or other approved format for inclusion in
the City's base map.
Section 504.16: 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
504-39
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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) In subdivision of land, due regard shall be shown for all natural features which, if
preserved, will add attractiveness and stability to the proposed development and
which shall alter normal lot planning. Due regard shall be shown for existing
wetlands and their protection. The size of proposed lots shall take into
consideration setback requirements established by the St. Joseph Zoning
Ordinance with regard to wetlands.
Subd. 2: Blocks.
a) Block Length. 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 Alleys.
a) Arrangement of Arterials and Collectors. The arrangement of arterial and
collector streets shall conform as nearly as possible to the St. Joseph
504-40
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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 of storm water, to
public convenience and safety and in their appropriate relation to the proposed
uses of the area to be served.
b) Arrangement 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 submitted includes only part of the tract
owned or intended for development by the subdivider, a tentative plan of a
proposed future street system for the unsubdivided 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) Arrangement of Frontage Roads. Wherever the proposed subdivision contains or
is adjacent to the right of way of a railroad or a limited access arterial, provision
shall be made for a frontage road adjacent to and more or less parallel with said
right of way, or for a street 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) Arrangement of Alleys. 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.
504-41
CHAPTER V—BUILDING, LAND USE & REGULATIONS
h) Half Streets. Dedication of half streets will not be allowed.
i) General Design 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) Right-of-Way - Urban Design. 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. Additional right of way may be required.
Functional classification shall be determined by the City Engineer or other road
authority.
Paved
Street R/W Width Radii Strength
Principal Arterial Design Design Design 10-ton
Minor Arterial 120 ft. Design Design 10-ton
Major Collector 100 ft. Design 300 ft. 9-ton
Minor Collector 80 ft. 38 ft. 300 ft. 9-ton
Neighborhood Residential 66 ft. 36 ft. 200 ft. 9-ton
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 N/A
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.
Section 504.16,Subd.3 0)amended 5/2005
k) Rural Design 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. Additional right of
way may be required. Functional classification shall be determined by the City
Engineer or other road authority.
Street R/W Paved Width
Principal Arterial Design Design
Minor Arterial 150 Design
Collector 120 44
Local 80 32 or 36
Frontage 50 24
504-42
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Alley 20 16
Pedestrian Way 10
Section 504.16,Subd.3(k)amended 5/2005
1) 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 public improvements
shall be approved for any private street. All streets shall be dedicated for public
use. If any person applies to subdivide or replat any land or parcels adjoining an
existing private street, the private street shall be required to be dedicated for
public use and scheduled for improvement to public street standards at the time of
final plat.
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.
q) Drainage Facilities. Storm sewers, culverts and ditches shall be designed to
accommodate a ten-year or greater frequency storm. Low points shall have an
overflow that will direct the runoff from a 100-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.
Section 504.16,Subd.3(c)amended 5/2005
504-43
CHAPTER V—BUILDING, LAND USE & REGULATIONS
r) Surface (Storm) Water Management Facilities. Surface water
management facilities constructed in the City of St. Joseph shall be
designed according to standards approved by the City Engineer and
provided in the City's Stormwater Management Plan.
Section 504.16,Subd.3(r)amended 5/2005
S) Street Intersection Offsets. Street intersection jogs with centerline offsets of less
than two hundred (200) feet shall be prohibited. In general, provisions shall be
made at intervals not exceeding one-half(1/2) mile for through streets (streets
running through the subdivision in a fairly direct manner). Where any street
intersection will involve earth banks or existing vegetation inside a 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) Existing 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 onto arterial or collector streets shall be approved
by the City Engineer.
Section 504.16,Subd.3(u)amended 5/2005
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 Designation. Streets shall be designated pursuant to established City
standards in compliance with the provisions of ordinance 301 of the St. Joseph
Code of Ordinances.
Section 504.16,Subd.3(w)amended 5/2005
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 FEMA pursuant to its rules and regulations.
504-44
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Y) Sidewalk Requirements. Sidewalks shall be required on collector and minor
arterial streets. Sidewalks may also be required on neighborhood residential
streets as directed by the City.
Section 504.16,Subd.3(y)added 5/2005
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 building 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 (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 thousand (11,000) square feet in a R 1 Zone.
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 Frontage 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 Frontage. Every lot must have at least the minimum required frontage
on a public dedicated street other than an alley.
f) Building 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.
h) Lots along Arterial Streets/Railroads. Residential lots shall be separated from
highways, arterial streets and railroad right of ways by a fifteen (15) foot buffer
504-45
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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 out lot 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 meet 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 Length (miles) in Frontage (%)
Less than 100 25
100-200 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-riparian 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
504-46
CHAPTER V—BUILDING, LAND USE & REGULATIONS
vegetation or topography as much as practical from view from the public water,
assuming summer, leaf-on conditions.
1) 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
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) Frontage on Two Streets. Double-frontage or lots with frontage on two (2)
parallel or non-intersecting streets shall not be permitted except:
1. Where lots back on arterial streets or highways; or where topographic or
other conditions render subdividing otherwise unreasonable.
2. 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.
q) 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
504-47
CHAPTER V—BUILDING, LAND USE & REGULATIONS
City. Perpetual Easements shall be kept free of vegetation or structures which
would interfere with the free movement of utility service vehicles. Where
easements are provided for city utilities (sanitary sewer, watermain, storm sewer,
and related service connections) or for watercourses, the size of lots on which the
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) Drainage and Utility Easements. Drainage and utility easements for telephone,
gas, electric power, cable television, and related utilities shall be provided along
side and rear lot lines and shall be at least twenty (20) feet wide and 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. Additional utility easements ten (10) feet wide shall be provided
adjacent to street rights of way.
Section 504.16,Subd.5(b)amended 5/2005
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 Required Easement Width
0 10 feet 20 feet
10 15 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.
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. Facilities shall be designed in accordance with the City's comprehensive
stormwater management plan."
504-48
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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.
Section 504.16,Subd.5(e)amended 5/2005
Section 504.17: 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 in accordance with the standards and specifications for
drainage and street construction as approved by the City Council.
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.
504-49
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Subd. 5: Water Supply 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, 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 Lighting 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 Signs. 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 available, which is approved by City staff prior to issuing
any building permits. These signs can be removed as lots are developed.
Subd. 10: Planting—Gateways, Entrances. Entrance areas shall be improved with weed
free sod or 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: Specifications/Inspections. Unless otherwise stated, all the required
improvements shall conform to engineering standards and specifications as required by the City
504-50
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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 assistants and costs incurred by the Attorney, as
well as other costs of similar nature.
Subd. 13: Financing. 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 Agreement, Financial Guaranty.
a) Payment. The required improvements to be furnished and installed by the
subdivider-developer, which are listed and described in 504.17.01 through
504.17.12, 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
504-51
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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 execution 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.
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 the City
Engineer or such other professional engineer as may be appointed by the City.
504-52
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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.
Section 504.18: PUBLIC LAND DEDICATION.
Subd. 1. Purpose and Intent: Minnesota Statute 462.358 provides Municipalities with
the authority to require that a reasonable portion of any proposed subdivision be dedicated to the
public or preserved for conservation purposes or for public use as parks, recreational facilities,
playgrounds, trails or open space. The City has determined that new-development increased the
demand for and use of park property. In addition, the City has also determined that the demands
on City parks and need for additional park space increases the density of development increases.
Therefore, the intent and purpose of this Ordinance is as follows:
a) To provide a parkland dedication system for new development, which provides
for a larger dedication where density is higher and open spaces are more sporadic.
b) To provide required parkland to be dedicated by this Ordinance to be roughly
proportionate to the impact on the demand for park use in the City as a result of
new development.
i. For residential development where the impact is based upon the number of
people in the new development, rather than set a standard percentage of
the total development to be dedicated, the City will use a standard
percentage of its starting point in establishing a dedication.
ii. For commercial and industrial developments, since the impact is primarily
based upon the loss of open and green space, and the loss of natural areas
the City will use a standard percentage as its starting point in establishing
a dedication.
C) To determine the "rough proportion" of dedication, the City Council utilizes the
National Park Standard of 10 acres per 1000 residents in determining the amount
of park dedication required for any given development.
Subd. 2: 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.
504-53
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Subd. 3: Dedication of Land. The City shall require all subdivisions to dedicate a
reasonable percentage of property to the public or preserved for conservation purposes or for
public use as parks, recreational facilities, playgrounds, trails, wetlands or open space as
determined by the City Council. The City Council will make a final determination after
consulting with the Planning Commission and Park Board. 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.
a) Land Dedication Formula: In determining the dedication fee when land is
dedicated the following formula shall apply:
i. Single Family 1,172 square feet per unit
ii. Multiple Family 1,250 square feet per unit
iii. Commercial 2% of land area, not including streets or other
dedications.
iv. Industrial 2% of the land area, not including streets or other
dedications.
b) Land Eligibility: To be eligible for park dedication credit, any land dedicated
must be located outside of the drainways, wetlands, floodplains or ponding areas after the site
has been developed. Absent unusual conditions, stormwater drainage areas and holding areas or
ponds shall not be considered wetlands. Lands dedicated for public use must have street frontage
on one or more street (s) with a minimum frontage of 200 feet.
C) Dedication Credits: The Council may, after reviewing the recommendation of the
Park Board, give credit for land dedication for the following:
i. Where wetlands have been determined to have a park function by the Park
Board, credit may be given up to a 25 percent of the wetland area and
adjoining lands areas below the high water level.
ii. Where a private open space for park or recreation purpose is provided in a
proposed subdivision, and such space is to be privately owned and
maintained by the future residents of the subdivision, credit may be given
up to 25 percent. Before credit is given, all of the following factors must be
satisfied:
1. The land area must be available for use, without preference, of all
of the residents of the proposed subdivision.
2. The required setbacks must not be included in the computation of
such land.
3. The use of the private open space must be restricted for park and
recreation purposes by recorded covenants or declarations which
504-54
CHAPTER V—BUILDING, LAND USE & REGULATIONS
run with the land in favor of the owners of the property within the
subdivision and cannot be eliminated without prior approval of the
City Council after review and recommendation by the Park Board
and Planning Commission.
4. The proposed private open space must be of sufficient size, shape,
location, and topography for park and recreational purposes or must
contain unique features that are important to be preserved.
Subd. 4: 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 a fee established by the City Council.
a) Cash Dedication Fee: In determining the dedication fee when the Council
requires a cash in lieu of fee, the following formula shall apply:
i. Single Family $ 914 per lot
ii. Multiple Family $ 975 per lot
iii. Commercial $ 2% of average land value
iv. Industrial $ 2% of average land value
For the purposes of this section, the average fair market includes an average of un-improved land
values, prior to the installation of improvements, as of the date of the final plat.
Subd. 5: Partial Dedication and Partial Payment. 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 dedicated land and/or the value of the development of land shall
be calculated based on the fair market value of the land no later than at the time of final approval.
That amount shall be subtracted from the cash contribution required by the Subsection above.
Subd. 6: General Requirements.
a) Land to be dedicated shall be reasonably suitable for its intended use as
determined by the City and shall be at a location convenient to the public to be
served. Factors used by the City Council in evaluating the adequacy of proposed
park and recreation areas shall 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 Council for its approval.
504-55
CHAPTER V—BUILDING, LAND USE & REGULATIONS
C) When a proposed park,playground, recreational 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 requirements 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 of the
impact on the City's park and trail system.
g) For subdivisions incorporating a mixture of land uses and/or densities, the park
dedication fee shall be determined by applying the appropriate dedication for each
use as identified in this section.
h) Park cash contributions are to be calculated and established at the time of final
plat approval. The Council shall 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.
i) 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.
Additionally, said funds may be utilized anywhere within the City park and trail
systems.
j) Wetlands, ponding areas, and drainageways accepted by the City (as provided in
Subd. 3 c) ii) may be considered in the parkland and/or cash contribution to the
City.
k) Property being re-platted with the same number of lots and same number of
dwelling units shall be exempt from all parkland dedication requirements. If the
number of lots or the number of dwelling units is increased, or if land outside the
504-56
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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.
1) 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.
m) Land dedication to the City shall be in the form of lots or outlots with approved
lot and block numbers.
n) 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.
o) Parking areas shall be established on land adjacent to the required parkland area,
sized to meet the needs of the planned facilities. Criteria reviewed shall include
the area the park is intended to serve (neighborhood, entire city), the nature of the
park(passive recreation, specific use) and the facilities contained within the park
(e.g. ball fields, picnic areas, tennis courts,play areas, etc). Said parking areas
shall be dedicated to public use and shall not be included in the required land
dedication. The City may complete improvement of said parking area.
p) The Developer shall be responsible for grading and seeding of required parkland,
to City specifications.
Subd. 7: Required Improvements: Developers shall be responsible for making certain
improvements to their developments for park, playground, trail and open space purposes:
a) Areas to be dedicated for public park, trail or ponding shall be brought to a
suitable condition by the subdivider prior to acceptance by the City. All dead
trees, trash,junk, unwanted structures or other similar undesirable elements shall
be removed at the developer's expense.
b) Provide finished grading and cover of at least four (4") inches or more of topsoil
on the park site. In addition, the developer shall be responsible for seeding the
park with a mixture approved by the Public Works Director. No park dedication
credit will be given for this work.
C) Sidewalks or trails shall be constructed in certain right-of-ways, as suggested by
the City Council within the development. Further, each subdivision must connect
to the established trail system through the construction of sidewalks or trails. This
improvement shall be the responsibility of the developer. The City Council shall
504-57
CHAPTER V—BUILDING, LAND USE & REGULATIONS
have the discretion to determine if these sidewalks or trails can be utilized toward
park dedication.
d) Trails that are part of the recreational system and are outside of the right-of-way
and public properties shall be utilized toward park dedication, as long as the trail
is dedicated to the City in the form of an easement.
Subd. 8: 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 owner's 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.
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.
Section 504.18 amended 6/2004
Section 504.19: ADMINISTRATION AND ENFORCEMENT.
Subd. 1: Responsible Official. It shall be duty of the City Council to see that the
provisions of this Ordinance are properly enforced.
504-58
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Subd. 2: BuildingPermit. No building permit shall be issued by any governing official
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 so 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 504.07.02
(Variance process) as may be amended.
Subd. 5: General Requirements for Subdivisions, Including Minor Plats. No Subdivision
or plat, including minor plats, shall be granted to an applicant and/or landowner unless the
applicant and/or landowner has complied with the general requirements for City approvals under
Section 104.06 of the St. Joseph Code of Ordinances.
Subd. 6: 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.
Section 504.20: 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
504-59
CHAPTER V—BUILDING, LAND USE & REGULATIONS
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 6/2003
Updated 11/2013
504-60