APPENDIX C - SUBDIVISION

APPENDIX C SUBDIVISION
Section 1. Title.................................................................................. C-2
Section 2. General Purpose............................................................... C-2
Section 3. Rules .............................................................................. C-43
Section 4. Definitions ..................................................................... C-54
Section 5. Procedures for Filing and Review ................................. C-97
Section 6. Premature Subdivision..................................................... C-9
Section 67. Plat and Data Requirements ...................................... C-121
Section 78. Design Standards ....................................................... C-186
Section 89. Required Basic Improvements................................... C-264
Section 910. Nonplatted Subdivision ......................................... C-3128
Section 101. Variances, Planning Commission Recommendations, .....
Standards ........................................................................ C-3229
Section 112. Violations and Penalty ............................................. C-341
 Ordinance No. 510.00

An Ordinance establishing regulations for the subdivision and platting of land within the
City of Detroit Lakes, defining certain terms used therein; providing for the preparation
of plats; providing for the installation of streets and other improvements; providing for
the dedication of certain land for parks and playgrounds; establishing procedures for
approval and the recording of plats; providing penalties for violation of this ordinance;
and repealing ordinances or parts of ordinances inconsistent herewith.

The City Council of the City of Detroit Lakes, does ordain:

Section 1. Title

This ordinance shall be known as the “Subdivision Ordinance of the City of Detroit
Lakes” and will be referred to herein as “this ordinance”.

Section 2. General Purpose

Subd. 1. Purpose. In order to safeguard the best interests of the City of

Detroit Lakes and to assist the subdivider in harmonizing his interest with those of the
City at large, the following ordinance is adopted so that the adherence to same will bring
results beneficial to both parties. It is the purpose of this ordinance to make certain
regulations and requirements for the platting in Minnesota Statutes Annotated, which
regulations the City Council deems necessary for the health, safety, and general welfare
of this community.

Subd. 2. Jurisdiction. The regulations herein governing plats and the

subdivision of land shall apply within the corporate limits of the City and the
unincorporated area within two (2) miles of its limits known as the City of Detroit Lakes
extraterritorial area; provided that where a municipality lies less than four (4) miles from
the limits of Detroit Lakes, these regulations shall appl only to a line equidistant from
Detroit Lakes 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. 3. Approvals Necessary for Acceptance of Subdivision Plats. Before

any plat shall be recorded or be of any validity, it shall be referred to the City Planning
Commission and approved by the City Council of Detroit Lakes as having fulfilled the
requirements of this ordinance.

Subd. 4. Land Suitability. No land shall be subdivided which is held Commented [KK1]: Similar to County requirements.
unsuitable by the Council of the City of Detroit Lakes for the proposed use. Suitability Eliminates premature subdivision section.
analysis shall consider all of the following conditions:

A. Whether Lack of adequate drainage exists or the land is susceptible to

including susceptibility to flooding or the potential for and severe erosion
 potential;

B. Existence of wetlands;

C. Soil and rock formations with severe limitations for development;,

D. Steepnfavorable topography;

A.E. Inadequate water supply or sewage treatment capabilities;

B.F. Whether Lack of adequate public roads or highways exist to serve

the subdivision;

C.G. Inconsistency with the Comprehensive Plan;

D.H. Near-shore aquatic conditions unsuitable for water-based recreation;

E.I. Important fish and wildlife habitat;

F.J. Presence of significant historic sites;

G.K. Aor any other feature likely to be harmful to the health, safety, or
welfare of future residents of the proposed subdivision or of the
community.

Subd. 54. Conditions for Recording. No plat of any subdivision shall be

entitled to record in the Becker 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. 65. Building Permits. No building permits shall be considered for

issuance by the City of Detroit Lakes 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. 76. Exemptions. When requesting a subdivision, if the following Commented [KK2]: Exemptions are consistent with MN
conditions exist, the City Administrator shall bring the request to the attention of the Statute 462.358, Subd. 4b. County subdivision statute does
not have this same language. Townships, however, would
Planning Commission and the City Council; where-upon, the said request shall be
need to abide by MN Statute 462 and not 394.
reviewed and the City Council, following receipt of a recommendation from the Planning
Commission, may exempt the subdivider the subdivision will be processed
administratively by the City Administrator and the subdivider may be exempt from
complying with any procedural requirements of this ordinance that are deemed
inappropriate:.

A. In the case of a request to divide an existing lot of record which is a part

of a recorded plat where the division is to permit the addition of land Commented [C3]: Boundary adjustment should not be
adding of a parcel of land to an abutting lot or to create two (2) lots and limited to only platted subdivisions
the newly created property line will not result in either lot on either side of
the newly created property line or any structure to be in violation of with
this ordinance, the City or the zoning ordinance or , in the Extraterritorial
Area, the County zoning ordinance.

B. In the case of a governmental agency that needs to acquire property for a

public purpose, said governmental agency shall be exempt from the
requirements of this Ordinance. (Ordinance No. 278, Adopted 8/2/2005)

B. C. A boundary adjustment relocating a property line between adjoining

parcels with no third party involvement.
B.
C. Where the resulting parcels, tracts, lots or interests will be five (5) acres
or larger in size and three hundred (300’) in width within the City and
within one (1) mile of the corporate limits;
D. Where the resulting parcels, tracts, lots or interests will be two and a half
(2.5) acres or larger in size within one (1) to two (2) miles of the
corporate limits;
E. Creating cemetery lots;
F. Resulting from court orders. or the adjustments of a lot line by the
relocation of a common boundary.
All subdivisions conveyances which are exempted above in which the land conveyed is
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Commented [C4]: Correct. Get rid of it. Item A defines a
boundary adjustment and I have no idea what “Third Party
Involvement” means.
Commented [KK5]: How is this different than Item A?
Commented [KK6]: Addresses County’s concern that too
many plats are required. 2.5 acres is consistent with MN
Statutes 462.358, subd.3a.
Commented [C7]: I think so. Cemetery lots can be
created by plat, and are certainly subdivisions that do not
meet any of the criteria of this ordinance.
Commented [C8]: Yes, although Court Orders do not
require approval, I think it is good to have this in there to
allow for boundary changes in boundary disputes to be
formally recognized as valid under the ordinance. However,
I think the second stanza of the section is arguably an end
around of Section A, and should be deleted.
described by metes and bounds are subject to Section 910, Subd. 2 of this ordinance.

Subd. 87. Separability. If any section, subsection, sentence, clause, or phrase

of this ordinance is for any reason found to be invalid, such decision shall not affect the
validity of the remaining portion of this ordinance.

Subd. 98. Conflict. Whenever there is a difference between minimum

standards or dimensions specified herein and those contained in other official regulations,
resolutions, or ordinances of the City, the most restrictive standards shall apply. Commented [C9]: If County Zoning were more restrictive,
the more restrictive provisions should govern in the
extraterritorial area.
Subd. 9. Amendment. The Subdivision Ordinance is hereby amended in its
entirety.

Subd. 10. Notification. Copies of all plats with lands which are all or
partially located within theany shoreland district shall be submitted to the Commissioner
of Natural Resources ten (10) days prior to anysuch hearings as are required byunder this
ordinance Ordinance No. 510.00 Sub-division Ordinance of the City of Detroit Lakes,
Minnesota. Copies of all plats within anythe shoreland district shall be submitted to the
Commissioner of Natural Resources within ten (10) days after final approval by the City
Council. Commented [C10]: Each lake, in the City and the County,
has a defined shoreland district.

Section 3. Rules

For the purpose of this ordinance, words used in the present tense shall include the future;

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words in the singular shall include the plural, and the plural singular; and the word shall
is mandatory and not discretionary.

Section 4. Definitions Formatted: Left, Indent: Left: 1", First line: 0.5"

For the purpose of this ordinance, certain words and terms are hereby defined as follows:

Subd. 1. Alley. A public or private right-of-way primarily designed to

serve as secondary access to the side or rear of those properties whose principal frontage
is on a street.

Subd. 2. Applicant. The owner of land proposed to be sub-divided for his

representation. Consent shall be required from the legal owner of the premises.

Subd. 3. Block. An area of land within a subdivision that is entirely

bounded by streets, or by streets and the entire boundary or boundaries of the subdivision,
or a combination of the above with a river or lake.

Subd. 4. Boulevard. The portion of the street right-of-way between the curb
line and the property line.

Subd. 5. Building. Any structure built for the support, shelter, or enclosure
of persons, animals, chattels, or movable property of any kind, and includes any structure.

Subd. 6. Building Permit. Is the building permit required under the building
code of the City of Detroit Lakes.

Subd. 7. City. Is the City of Detroit Lakes.

Subd. 8. City Council. Is the governing body of the City of Detroit Lakes.

Subd. 9. County Board. Is the governing body of Becker County.

Subd. 109. Comprehensive Plan. The group of maps, charts and text that
make up the comprehensive long-range plan of the City.

Subd. 110. Design Standards. The specifications to land owners or

subdividers for the preparation of plats, both preliminary and final, indicating among
other things, the optimum, minimum or maximum dimensions of such items as rights-of-
way, blocks, easements, and lots.

Subd. 121. Easement. A grant by a property owner for the use of strip of land
and for the purpose of constructing and maintaining drives, utilities, including, but not
limited to, wetlands, ponding areas, sanitary sewers, watermains, electric lines, telephone
lines, storm sewers, or storm drainage ways and gas lines.
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 Subd. 132. Easement, Slope. Is a grant by a property owner for the use of a
strip of land for the purpose of constructing a slope or grade transition from the existing

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property grade to a new street grade.

Subd. 143. Extraterritorial Area. Is the area located within ttwo miles of the
corporate limits of the City of Detroit Lakes, as defined by State Statute.

Subd. 153. Final Plat. A drawing or map of a subdivision, meeting all of the
requirements of the City and in such form as required by Becker County for the purpose
of recording.

Subd. 164. Individual Sewage Disposal System. A septic tank, seepage tile
sewage disposal system, or any other approved sewage treatment device.

Subd. 175. Intersection, Street. Is the point of crossing or meeting of two or

more streets.

Subd. 186. Lot. Land occupied or to be occupied by a building and its

accessory buildings, together with such open spaces as are required under the provisions
of the current Detroit Lakes zoning regulations, having not less than the minimum area
required by said zoning ordinance for a building site in the district in which such lot is
situated and having its principal frontage on a street.

Subd. 197. Lot, Corner. A lot situated at the intersection of two (2) streets, the
interior angle of such intersection not exceeding 135 degrees.

Subd. 2018. Lot Improvement. Any building, structure, place, work of art, or
other object, or improvement of the land on which they are situated constituting a
physical betterment of real property, or any part of such betterment. Certain lot
improvements shall be properly bonded as provided in these regulations.

Subd. 21. Metes and Bounds. A method of describing property lines by

means of their direction and distance from a point established by a registered land
survey.

Subd. 2219. Outlot. A lot remnant or parcel of land left over after platting,
which is intended as open space or other use, for which no development is intended and
for which no building permit shall be issued.

Subd. 230. 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 them.

Subd. 24. Parcel. An area of land established by plat, metes and bounds,
registered land survey, auditors plat, or other acceptable means and separated from other
parcels or portions by said description for the purpose of sale, lease, or separation.
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 Subd. 251. Percentage of Grade. On street centerline, means the distance
vertically from the horizontal in feet and tenths of a foot for each one hundred (100) feet
of horizontal distance.

Subd. 262. Pedestrian Way. A public right-of-way or private easement across

a block or within a block to provide access for pedestrians and which may be used for the
installation of utility lines.

Subd. 273. Planning Commission. The Planning Commission of the City of

Detroit Lakes.

Subd. 284. Preliminary Plat. A tentative drawing or map of a proposed

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 subdivision meeting the requirements herein enumerated.

Subd. 295. 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.

Subd. 3026. Public Improvement. Any drainage ditch, roadway, parkway,

sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other
facility for which the City may ultimately assume the responsibility for maintenance and
operation, or which may affect an improvement for which local government
responsibility is established.

Subd. 31. Right-of-Way. Land dedicated to or owned by the public

owned for use as a street, for utilities or for other public purposes.

Subd. 3227. Setback. The distance between a building and the property
line nearest thereto.

Subd. 3328. Street. A public right-of-way affording primary access by

pedestrian or vehicles or both, to abutting properties, whether designated as a
street, highway, thoroughfare, parkway, road, avenue, boulevard.

Subd. 3429. Streets; Thoroughfares, Arterial Streets. Those streets

carrying larger volumes of traffic and serving as links between various subareas
of the community. Thoroughfares or arterial streets are intended to provide for
collection and distribution of traffic between highways and collector streets;
hence regulation of direct access to property is critical.

Subd. 350. Streets, Collector Streets. Those streets which carry traffic
from local streets to the major system of arterials and highways. Collector streets
primarily provide principal access to residential neighborhoods, including, to a
lessor degree direct land access.

Subd. 361. Streets, Cul-de-sac. A local street with only one outlet and
having an appropriate terminal for the safe and convenient reversal of traffic
movement.

Subd. 372. Streets, Local Street. Those streets which are used
primarily for access to abutting properties and for local traffic movement.

Subd. 383. Streets, Marginal Access Street. Those local streets which
are parallel and adjacent to thoroughfares and highways; and which provide
access to abutting properties and protection from through traffic.

Subd. 394. Streets, Private. A private right-of-way affording access by

pedestrians and vehicles which is under individual rather than municipal control.

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 Subd. 4035. Street Width. The shortest distance between lines of lots
delineating the street's right-of-way.

Subd. 4136. Subdivider. Any individual, firm, association, syndicate,

copartners, corporation, trust, or other legal entity having sufficient proprietary
interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same under this ordinance.

Subd. 4237. Subdivision. The division of an area, parcel or tract of land Commented [KK11]: Do we need to re-state the
resulting in a parcel of land for the purpose of transfer of ownership or building exemptions?
development or, if a new street is involved, any division of land. The term Commented [C12R11]: No.
includes resubdivision and, when appropriate to the context, shall relate to the
process of subdividing or to the land subdivided. Subdivision will apply as
defined herein. except as follows:provided by Section 2, subd. 7 of this
ordinance.The division of land resulting in a parcel of land less than five (5) acres Commented [C13]: An exempted subdivision is still a
in area or less than three hundred (300) feet in width, for the purpose of transfer subdivision and should be defined as such. The exemption
is just from some of the procedural requirements for
of ownership or building development or, if a new street is involved, any division
subdivisions.
of land. The term includes resubdivision and, when appropriate to the context,
shall relate to the process of subdividing or to the land subdivided.

In the case of a request to divide a lot which is a part of a recorded plat 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 other remaining portion of
the lot or any structure to be in violation with this ordinance or the zoning ordinance.

In the case of a governmental agency that needs to acquire property for a public purpose, said
governmental agency shall be exempt from the requirements of this Ordinance. (Ordinance No.
278, Adopted 8/2/2005)

A boundary adjustment relocating a property line between adjoining parcels with no third party
involvement.

Where the resulting parcels, tracts, lots or interests will be five (5) acres or larger in size
and three hundred feet (300') in width;

Where the resulting parcels, tracts, lots or interests will be two and a half (2.5) acres or
larger in size within one (1) to two (2) miles of the corporate limits;

Creating cemetery lots;

Resulting from court orders or the adjustment of a lot line by the

relocation of a common boundary.

Subd. 4338. Tangent. Is a straight line departing from a curve which is

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 perpendicular to the radius of that curve.

Subd. 44. Technical Review Panel. In the Extraterritorial Area, the Technical Commented [KK14]: Use is provided for in Section 5.
Review Panel shall consist of one member appointed byfrom the City, one member
appointed byfrom the County, and one member appointed byfrom the Township in which
the proposed subdivision is located.

Subd. 45. Tract. A parcel of land intended for division or

development of a subdivision.

Subd. 460. Township. Is the governing body of the township in

which the subdivision is located.

Subd. 47. U.S.G.S. Datum. Refers to United States Geodetic Survey Datum.

Subd. 481. Vertical Curve. Is the surface curvature on a street

centerline located between lines of different percentage of grade.

Section 5. Procedures for Filing and Review

Subd. 1. Preliminary Plat.

A. Pre-application Meeting. In order to avoid costly revisions of plans and Commented [KK15]: Addresses Township concerns
plats, the applicant must have preliminary meetings with appropriate regarding representation during the application process.
Requires Township (road design) and County (zoning)
City staff to ensure that the applicant is informed of the procedural
involvement.
requirements or limitations imposed by City ordinances or plans, prior to
the development of the plat. If the plat is located within the
extraterritorial area, the applicant shall meet with the Technical Review
Panel to ensure that the applicant is informed of the procedural
requirements or limitations imposed by City, County, or Township
ordinances, plans, or requirements prior to the development of the plat.

A.B. Filing. Five (5) copies and an electronic version of the preliminary
plat along with an electronic version, the requirements of which are set
forth in this ordinance, a list of property owners abutting the plat, and a
completed subdivision application shall be submitted to the City
Administrator. The required filing fee as established by City Council
resolution shall be paid and any necessary applications for variances
from the provisions of this ordinance shall be submitted with the
required fee. The proposed plat shall be placed on the agenda of the first
possible Planning Commission meeting occurring after 28 days from the
date of submission. The plat shall be considered as being officially
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 submitted when all the informationapplication requirements are
metcomplied with.Five (5) copies of the preliminary plat and list of
property owners abutting the plat shall be submitted to the City
Administrator. The required filing fee as established by City Council
resolution shall be paid and any necessary applications by City Council
resolution shall be paid and any necessary applications from variances
from the provisions of this ordinance shall be submitted with the
required fee. The proposed plat shall be placed on the agenda of the first
possible Planning Commission meeting occurring after 10 days from the
date of submission. The plan shall be considered as being officially
submitted when all the information requirements are complied with.

C. Technical Assistance ReportsReview. After the public hearing has

been set, theThe C City Administrator shall instruct the City Engineer
and appropriate staff persons to prepare te technical reports, where
appropriate, and to provide general assistance in preparing a
recommendation on the action to the City CouncilPlanning
Commission as to the conformance with this ordinance and site
characteristics for development suitability meeting the provisions of
Section 2, Subd. 4 of this ordinance. Commented [KK16]: Similar to the County ordinance.

B. Hearing. The Planning Commission shall hold a public hearing on said

preliminary plat, upon receipt of said application, shall instruct the City
Administrator to set a public hearing for public review of the preliminary
plat. Said hearing shall be established once adequate time has been
allowed for staff and advisory body review of the plat. The Planning
Commission shall conduct the hearing, and report its finding and make
recommendations to the City Council. Notice of said hearing shall
consist of a legal property description, description of request

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C.D. and map detailing property location, and be published in the official
newspaper at least 10 days prior to the hearing and written notification of
said hearing shall be mailed at least 10 days prior to all owners of land
within 350 feet of the boundary of the property in question. For the
purpose of notification, ownership of property shall be determined by the
tax record for the previous year.

D.A. Technical Assistance Reports. After the public hearing has been
set, the City Administrator shall instruct the appropriate staff persons to
prepare technical reports where appropriate, and provide general
assistance in preparing a recommendation on the action to the City
Council.

E. Review by Other Commissions or Jurisdictions. The Community Commented [KK17]: Provides notice to the Township
Development DirectorCity Administrator shall refer copies of the and County.
hearing notice and preliminary plat to the Park Board, Becker County,
and the Township where the plat is located, and the Minnesota
Department of TransporationTransportation for plats along highway
right of way, and if the plat is in the Extraterritorial Area, to the County
and the Township at least ten (10) days before the hearing, along with a
request that they acknowledge receipt of the preliminary plat. A copy of
the proposed final plat will also be provided to these agencies prior to
final plat approval. The City Administrator shall refer copies of the
preliminary plat to the park board.

F. Planning Commission Action. The Planning Commission shall make a

recommendation to the City Council immediately following the close of
the public hearing. If the Planning Commission has not acted upon the
preliminary plat within 35 days from the opening of the public hearing, the
Council may act on the preliminary plat without the Planning
Commission's recommendation.

G. City Council Action.

1. If all requirements of this ordinance and as additionally imposed

by the Planning Commission are complied with, the Council shall
act upon the preliminary plat and may impose conditions and
restrictions which are deemed necessary within sixty (60) days of
the date of the close of the Planning Commission's public hearing.

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 2. 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 transmitted to the applicant. If the preliminary plat is
approved, such approval shall not constitute final acceptance of the
layout. Subsequent approval will be required of the engineering
proposals and other features and requirements as specified by this
ordinance to be indicated on the final plat. The City Council may
require such revisions in the preliminary plat and final plat as it
deems necessary for the health, safety, general welfare, and
convenience of the City of Detroit Lakes.
3. If the preliminary plat is approved by the City Council, the
subdivider must submit the final plat within three hundred and
sixty-fiveone (1365) days a year after said approval or approval of Commented [KK18]: County does 2 years.
the preliminary plat shall be considered void, unless a request for
time extension is submitted in writing and approved by the City
Council.If the preliminary plat is approved by the City Council, the
Subd. 2. Final Plat.

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A. Filing. After the preliminary plat has been approved, the final plat shall be
submitted for review as set forth in the subdivisions which follow.

B. Approval of the Planning Commission. Five (5) copies of the final plat
along with an electronic version shall be submitted to the City
Administrator for distribution to the Planning Commission, City Council,
and appropriate City staff, Minnesota Department of Transportation for
plats along highway right of way, and when located in the two mile
extraterritorial area, to Becker the County and the Township; 21 days
prior to a Commission meeting at which consideration is requested.
Please Note: The mylar copy of the final plat shall not be submitted until
it has been approved by the City Council. During the said 21 days, the
City staff shall examine the final plat and prepare a recommendation to
the Planning Commission. Noticeature of approval, disapproval, or any
delay in decision of the final plat will be conveyed to the subdivider
within 10 days after the meeting of the City Planning Commission at
which such plat was considered. In case the plat is disapproved, the
subdivider shall be notified in writing of the reasons for such action and
what requirements shall be necessary to meet the approval of the
Planning Commission.Five (5) copies of the final plat shall be submitted
to the City Administrator for distribution to the Planning Commission,
City Council, and appropriate City staff, 20 days prior to a Commission
meeting at which consideration is requested. During the said 20 days, the
City stall shall examine the final plat and prepare a recommendation to
the Planning Commission. Nature of approval, disapproval, or any delay
in decision of the final plat will be conveyed to the subdivider within 10
days after the meeting of the City Planning Commission at which such
plat was considered. In case the plat is disapproved, the subdivider shall
be notified in writing of the reasons for such action and what require-
ments shall be necessary to meet the approval of the Commission.

C. Approval of the City Council. After review of the final plat by the
Planning Commission, such final plat, together with the recommendations
of the Planning Commission, shall be submitted to the City Council for
approval. If accepted, the final plat shall be approved by resolution, which
resolution shall provide for the acceptance of all agreements for basic
improvements, public dedication, and other requirements as indicated by
the City Council. If disapproved, the grounds for any refusal to approve a
plat shall be set forth in the proceedings of the Council and reported to the
person or persons applying for such approval.

D. Special Assessments. When any existing special assessments which have

been levied against the property described be divided and allocated to the
respective lots in the proposed plat, the City Administrator shall estimate
the clerical cost of preparing a revised assessment roll, filing the same
with the County Auditor, and making such division and allocation, and
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 upon approval by the Council of such cost the same shall be paid to the
City Administrator before the final plat is approved.

E. Recording Final Plat. If the final plat is approved by the City Council, the
subdivider shall record it with the Becker County Recorder within 100
days after said approval or approval of the final plat shall be considered
void, unless a request for time extension is submitted in writing and
approved by the City Council. No building permits shall be let for
construction of any structure on any lot in said plat until the City has
received evidence of the plat being recorded by Becker County.

Section 6. Premature Subdivision

Any preliminary plat of a proposed subdivision deemed pre-mature for development shall

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be denied by the City Council of the City of Detroit Lakes.

Subd. 1. Condition Establishing Premature Subdivisions. A subdivision

may be deemed premature should any of the conditions set forth in the provisions which
follow exist:
A. Lack of Adequate Drainage. A condition of inadequate drainage shall be
deemed to exist if:

1. Surface or subsurface water retention and runoff is such that it

constitutes a danger to the structural security of the proposed
structure.

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 harmful and
irreparable damage from erosion and siltation on downhill or
downstream land.

4. Factors to be considered in making these determinations may

include: average rainfall for the area; the relation of the land to
floodplains; the nature of soils and subsoils and their ability to
adequately support surface water runoff and waste disposal
systems; the slope of the land and its effect on effluents; and the
presence of streams as related to effluent disposal.

B. Lack of Adequate Water Supply. A proposed sub-division shall be

deemed to lack an adequate water supply if the proposed subdivision does
not have adequate sources of water to serve the proposed division 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 volumes generated by
the proposed subdivision would create a hazard to public safety
and general welfare, or seriously aggravate an already hazardous
condition, and when, with due regard to the advice of Becker
County and/or the Minnesota Department of Transportation, said
roads are inadequate for the intended use.

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 The traffic volume generated by the proposed sub-division would
create unreasonable highway congestion or unsafe conditions on
highways existing at the time of the application or proposed for
completion within the next two (2) years.
The proposed subdivision is outside of the City boundaries and
County or Township has not certified in writing that they will
assume all responsibility for repair and maintenance of
dedicated streets.
The County or Township has not certified in writing that it
has the capacity for and will provide police and fire protection
and onsite sewer inspections to insure proper installation.

Lack of Adequate Waste Disposal Systems. A proposed subdivision shall

be deemed to lack adequate waste disposal systems if in subdivisions for
which sewer lines are proposed, there is adequate sewer capacity in the
present system to support the subdivision if developed to its maximum
permissible density after reasonable sewer capacity is reserved for schools,
planned public facilities, and commercial and industrial development
projected for the next five (5) years; or if in subdivisions where sewer
lines are neither available nor proposed, there is inadequate on-site sewer
capacity potential to support the subdivision if developed to the maximum
permissible density indicated in the Detroit Lakes Comprehensive Plan, as
may be amended.

D. Inconsistency with Comprehensive Plan. The proposed subdivision is

inconsistent with the purposes, objectives, and recommendations of the
duly adopted Comprehensive Plan of Detroit Lakes, as may be amended.
Inconsistency with Comprehensive Plan. The proposed subdivision is
inconsistent with the purposes, objectives, and recommendations of the
duly adopted Comprehensive Plan of the City, County or Township.

E. Providing Public Improvements. Public improvements, such as

recreational facilities, or other public facilities, reasonably necessitated by
the subdivision, which must be provided at public expense, cannot be
reasonably provided for within the next two (2) fiscal years.

F. MEQC Policies. The proposed subdivision is inconsistent with the

policies of MEQC 25, as may be amended, and could adversely impact
critical environmental areas or potentially disrupt or destroy historic areas
which are designated or officially recognized by the City Council in
violation of federal and state historical preservation law.

Subd. 2. Burden of Establishing. The burden shall be upon the applicant to

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show that the proposed subdivision is not premature. Commented [KK19]: Removes objectionable language
from the Ordinance per County comments.
Section 67. Plat and Data Requirements

Subd. 1. Preliminary Plat. The subdivider shall prepare and submit a

preliminary plat, together with any necessary supplementary information. The
preliminary plat shall contain the information set forth in the subdivisions which follow.

A. General Requirements.

1. Proposed name of subdivision; names shall not duplicate or too

closely resemble names of existing sub-divisions. Location of

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 1. boundary lines in relation to a known section, quarter section,
or quarter-quarter section lines comprising a legal description
of the property.

2. Legal description and total acreage of the property to be

subdivided.

2.3.Names and addresses of all persons having property interest, the

developer, designer, and surveyor together with his registration
number.

3.4.Graphic scale or plat, not less than one (1) inch to 100 feet.

4.5.Date and north arrow.

B. Existing Conditions.

1. Boundary line and total acreage of proposed plat, clearly indicated.

2.1.Existing zone classifications for land within and abutting the

subdivision.

3.2.Location, width, and names of all existing or previously platted

streets or other public ways, showing type, width and conditions of
improvements, if any, railroad and utility rights-of-way, parks, and
other public open spaces, permanent buildings and structures,
easements and section and corporate lines within the tract.

4.3.If the proposed subdivision is a re-arrangement or a replat of any

former plat, the lot and block arrangement of the original plat
along with its original names, shall be indicated by dotted or
dashed lines. Also, any revised or vacated roadways of the original
plat shall be so indicated.

5.4.Location and size of existing sewers, watermains, culverts, or other

underground facilities within the tract and to a distance of one
hundred (100) feet beyond the tract. Such data as grade, invert
elevations, and locations of catch basins, manholes, and hydrants
shall also be shown.

6.5.Boundary lines of adjoining unsubdivided or sub -divided land.

In plats where public water and sewer are not available, the subdivider shall file a report prepared
by a certified individual on the feasibility of individual on-site sewer and water systems on each
lot, and may include soils boring analysis and percolation tests to verify conclusions.
C. Proposed Design Features.

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1. The location and width of proposed streets (included proposed
names of streets in conformance with City and County street
identification policies), roads, alleys, pedestrian ways, and
easements. Layout of proposed streets showing the right-of-way,
centerline gradients, typical cross sections, and proposed names of
streets in conformance with City and County Street identification
policie s. The name of any street heretofore used in the City or its
environs shall not be used unless the proposed street is a logical
extension of an already named street, in which event the same
name shall be used.

2. Locations and widths of proposed alleys and pedestrianways.

3.2.Where the subdivider owns property adjacent to that which is

being proposed for the subdivision, it shall be required that the
subdivider submit a sketch plan of the remainder of the property so
as to show the possible relationships between the proposed
subdivision and the future subdivision. In any event, all
subdivisions shall be required to relate well with existing or
potential adjacent subdivisions. Commented [KK20]: County’s subdivision ordinance
Section H, 3 f. has a similar requirement.
4. Location, dimension, and purpose of all easements.

5.3.Layout, numbers, lot areas, and preliminary dimensions of lots and

blocks.

6.4.Minimum front and side street bBuilding setback lines with

dimensions.

7.5.When lots are located on a curve, the width of the lot at the
building setback line.

8.6.Areas, other than streets, alleys, pedestrianways, and utility

easements, intended to be dedicated or reserved for public use,
including the size of such area or areas in acresLocation and
size of proposed parks, playgrounds, churches, schools site, 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 condition of
such dedication or reservation. Commented [KK21]: Same as County ordinance.

9.7.Water Supply. Watermains shall be provided to serve the

subdivision by extension of an existing community system
wherever feasible. Service connections shall be stubbed into the
property line and all necessary fire hydrants shall also be provided.
Extensions of the public water supply system shall be designed so
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as to provide public water by and constructed under the super-
vision of the City Engineer. In areas where public water supply is
not available, individual well locationss shall be depictedprovided
on each lot, properly placed in relationship to the location for
individual sewage disposal facilities on the same and adjoining
lots, or private or commonly owned water distribution systems.
Well plans must comply with the Minnesota State Well Code, as
may be amended, and be submitted for the approval of the City
Engineer.

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 10. Sewage Disposal, Public. Extension of an existing community
sanitary sewer system shall be used wherever feasible. Sanitary
sewer mains and service connections shall be installed by and
constructed under the supervision of the City Engineer.
11.8. Sewage Disposal, Pri In areas where a public sewer
system is not available, the location of septic system site and an
alternate septic systems site as required by Minnesota Rules
7080.0300 subpart 2 shall be provided. All on-site septic systems Commented [KK22]: Same as County ordinance.
shall be installed in accordance with all applicable State
Pollution Control Al Agency regulations and City ordinances.

D. Supplementary Information.
E.
F.D. Any or all of the supplementary information requirements set forth
in this subdivision shall be submitted when deemed necessary by the
Planning Commission.

1. Proposed protective covenants.

2. An accurate soil survey of the subdivision prepared by a qualified

person. which shall include the USDA Soil Survey of Becker
CountySoil test and reports, as specified by the City Engineer, by
an approved soil laboratory. Commented [KK23]: Same as County ordinance.

3. Statement of the proposed use of lots stating type of buildings with

number of proposed dwelling units or type of business or industry,
so as to reveal the effect of the development on traffic, fire
hazards, and congestion of population.

4. If any zoning changes are contemplated, the proposed zoning

plan for the areas, including dimensions, shall be shown. Such
proposed zoning plan shall be for information only and shall not
vest any rights in the applicant.

4.5.Provision for surface water disposal, ponding, drainage, and flood

control.

5.6.Complete topographic map with contour intervals not greater than

two (2) feet, water courses, marshes, rock outcrops, and other
significant features, all superimposed on at least one print of
preliminary plat. United States Geodetic Survey datum shall be
used for all topographic mapping. High water elevation and date
thereof if parts of plat are wet or have been wet. In the case of a
subdivision where no new street is involved, the required
topographic map may be waived if it is deemed unnecessary by the

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 City Engineer and the Planning Commission.
Where structures are to be placed onIn plats with lots between the
minimum lot size and up to 10 acres in size the Planning
Commission may reqquire or excessively deep lots which are
subject to potential replat, the preliminary plat toshall indicate a
logical way in which the lots could possibly be resubdivided in
the future.
6. Where structures are to be placed on large or excessively deep lots
which are subject to potential replat, the preliminary plat shall
indicate a logical way in which the lots could possibly be
resubdivided in the future.
Formatted: Indent: Left: 1.57"
Commented [C24]: Don’t we just mean lots that are
between the minimum lot size and 10 acres? The language
is too subjective, how do we know if structures are to be
placed on a lot or whether a lot is subject to potential
replat?
Commented [KK25]: County Ordinance has similar
requirement in Section H, 3, g.; City Ordinance also includes
similar language in the design standards.

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 7. A plan for soil erosion and sediment control both during
construction and after development has been completed. The plan
shall include gradients of water-ways, design of velocity and
erosion control measures, design of sediment control measures,
and landscaping of the erosion and sediment control system.

8. All vegetation preservation and protection plan that shows those

trees proposed to be removed, those to remain, the types and
locations of trees and other vegetation that are to be planted.

9. A financial statement of the developer/subdivider satisfactory to

the City.

10. Such other information as may be required.

Subd. 3. Final Plat. The owner or subdivider shall submit a final plat
together with any necessary supplementary information. The final plat, prepared for
recording purposes, shall be prepared in accordance with provisions of Minnesota State
Statutes and Becker County regulations, and such final plat shall contain the following
information:

A. Names of the subdivision, which shall not duplicate or too closely

approximate the name of any existing subdivision.

B. Location by section, township, range, county and state, and including

descriptive boundaries of the sub-division, based on an accurate traverse,
giving angular and linear dimensions which must be mathematically close
and which boundaries must be shown in relation to a known section,
quarter section or quarter-quarter section corner, or Subdivision Plat of
Record. The allowable error closure or any portion of a final plat shall be
one (1) foot in seventy-five thousand (75,000). shall not exceed 2/100 of a
foot.of closure on any portion of a final plat shall be one tenth (0.1) of one
(1) foot. Commented [KK26]: Same as County ordinance.
B. Location by section, township, range, county and state, and including
descriptive boundaries of the sub-division, based on an accurate traverse,
giving angular and linear dimensions which must be mathematically close.
The allowable error closure or any portion of a final plat shall be one (1)
foot in seventy-five thousand (75,000).

C. The location of monuments shall be shown and described on the final plat.
Locations of such monuments shall be shown in reference to existing
official monuments on the nearest established street lines, including true
angles and distances to such reference points or monuments.

D. Location of lots, streets, public highways, alleys, parks and other features,
with accurate dimensions in feet and decimals of feet, with the length of
radii and/or arcs of all curves, and with all other information necessary to
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 reproduce the plat on the ground shall be shown. Dimensions shall be
shown from all angle points of curve to lot lines.

E. Lots shall be numbered clearly. Blocks are to be numbered, with numbers

shown clearly in the center of the block. Commented [KK27]: Same as County ordinance.

E.F. The exact locations, widths, and names of all streets to be dedicated.

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 F.G. Location and width of all easements to be dedicated.

G.H. Name and address of surveyor making the plat.

H.I. Scale of plat (the scale to be graphically on a bar scale), date

and north arrow.

J. Statement dedicating all easements as follows: Easements for installation

and maintenance of utilities and drainage facilities are reserved over,
under, and along the strips marked “utility easements” or “drainage
easements”.

I.K. Statement dedicating all streets, alleys, and other public areas not
previously dedicated as follows: Streets, alleys, and other public areas
shown on this plat and not heretofore dedicated to public use are hereby so
dedicated.

Subd. 4. Certification Required.

A. Certification by registered surveyor in the form required by Section

505.03, Minnesota Statutes, as amended.

B. Execution of all owners of any interest in the land, any holders of a

mortgage thereon of the certificates required by Section 505.03,
Minnesota Statutes, as amended, and which certificate shall include a
dedication of the utility easements and other public areas in such form as
approved by the City Council.

C. Space for certificates of approval and review to be filled in by the

signatures of the chairman of the City Planning Commission and the
Mayor and City Administrator. The form of certificate by the Planning
Commission is as follows:

Reviewed by the Planning Commission of the City of Detroit Lakes

this ____ day of ________, 19___.

Signed
Chairman

Attest
Secretary

The form of approval of the City Council is as follows:

Approved by the City of Detroit Lakes, Minnesota, this ___ day of ____, 20

Signed
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 Mayor

Attest
City Administrator

D. In the Extraterritorial Area, aAcknowledged by the Chairman of the Town

Board of the township in which the plat is located to verify provided that: Commented [KK28]: Provides approval of the road
dedication by the Townships.
1. The Township has accepted and agrees to maintain all roads and streets
dedicated by the plat;

2. The Township and the developer have entered into a written agreement
relating to acceptance and maintenance of all roads dedicated by the
plat. If an agreement has been entered into between the developer and
the Township, that agreement shall be filed with the County Recorder
before the plat shall be accepted for recording.

3. The form of certificate by the Township is as follows:

This plat is hereby acknowledged by the Town Board of the Township of

__________, Becker County, Minnesota, this ______ day of
___________20____, and said Town Board and the developer of said plat
have entered into a written agreement which is filled in the office of the
County Recorder relating to the acceptance and maintenance of all roads
dedicated by the plat.

Signed
Chairman

Attest Signed
Clerk

E. In the Extraterritorial Area, acknowledged by the Chair of the County to

verify that the plat complies with all requirements of the County Zoning
Ordinance. The form of the certificate by the County is Space for the
signature of the Chairman of the County as follows:
Acknowledged by the Board of Commissioners of Becker County to verify
that this plat is in the City of Detroit Lakes Extraterritorial area complies
with the requirements of the County Zoning Ordinance this ____day of
Commented [KK29]: Should ask the County if they want
to sign plat in the extraterritorial area? What are they
acknowledging?
Commented [C30]: They are verifying compliance with
County Zoning

________, 20_____.

Signed
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 Chairman,
Board of County Commissioners

The plat is approved and recordable without the signature of the County Board
Chairman.

Section 78. Design Standards

Subd. 1. Blocks.

A. Block Length. In general, intersecting streets, determining block lengths,

shall be provided at such intervals so as to serve cross-traffic adequately
and to meet existing streets. Where no existing plats control, the blocks in
residential subdivisions should not exceed 1,325 feet nor be less than 400
feet in length, except where topography or other conditions justify a
departure from this maximum. In blocks longer than 800 feet, pedestrian
ways and/or easements through the block may be required near the center
of the block.

B. Block Width. The width of the block shall normally be sufficient to allow

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 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 suit-able for
their respective use, including adequate space for off-street parking and
deliveries.

Subd. 2. Lots.

A. Area. The minimum lot area, width, and depth shall not be less than that
established by the Detroit Lakes zoning ordinance or by the Becker
County Zoning Ordinance for land located within the two mile
extraterritorial area which is in effect at the time of adoption of the final
plat.The minimum lot area, width, and depth shall not be less than that
established by the Detroit Lakes zoning ordinance in effect at the time of
adoption of the final plat.

B. Corner Lots. Corner lots for residential uses shall have additional width
to permit appropriate building set-back from both streets as required in
the zoning ordinance.

B. Side Lot Lines. Side lines of lots shall be approximately at right angles to
street lines or radial to curved street lines.

C. Frontage. Every lot must have the minimum frontage on a City approved
street other than an alley, as required in the Detroit Lakes zoning
ordinance or by the Becker County Zoning Ordinance for land located
within the two mile extraterritorial area which is in effect at the time of
adoption of the final plat. Commented [KK31]: Does this resolve the County issue
regarding access and minimum frontage? County ordinance
requires 66' or 33' when servicing 1 or 2 tracts of land.
D. Frontage on Two Streets. Double-frontage, or lots with frontage on two
(2) parallel streets, shall not be permitted except where lots back on
arterial streets or highways, or where topographic or other conditions
render subdividing otherwise unreasonable. Such double-frontage lots
shall have an additional depth of at least twenty (20) feet in order to allow
space for screen planting along the back lot line.

D.E. Setback Lines. Setback or building lines shall be shown on all lots
intended for residential use and shall not be less than the setback required
by the Detroit Lakes zoning ordinance or by the Becker County Zoning
Ordinance for land located within the two mile extraterritorial area which
is in effect at the time of adoption of the final plat, as may be amended.

E.F. Water Courses. Lots abutting a water course, wetland, ponding

area, or stream shall have additional depth and width, as required under
the provisions of the Detroit Lakes zoning ordinance.

F.G. Features. In the subdividing of any land, due regard shall be shown

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 for all natural features, such as tree growth, water courses, historic spots,
or similar situations which if preserved, will add attractiveness and
stability to the proposed development

G.H. Lot Remnants. All remnants of lots below minimum size left
over after subdividing of a larger tract must be added to adjacent lots,
rather than allowed to remain as unusable parcels.

H.I. Political Boundaries. No singular plat shall extend over a political

boundary or school district line without document notification to affected
units of government.

I. Frontage on Two Streets. Double-frontage, or lots with frontage on two

(2) parallel streets, shall not be permitted except: where lots back on
arterial streets or highways, or where topographic or other conditions

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 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.

J. Turn Around Access. Where proposed residential lots abut a collector or

arterial street, they should be platted in such a manner as to encourage
turn-around access and egress on each lot.

Subd. 3. Streets and Alleys.

A. Streets, Continuous. Except for cul-de-sacs, streets shall connect with

streets already dedicated in adjoining or adjacent subdivisions, or provide
for future connections to adjoining unsubdivided tracts, or shall be a
reasonable projection of streets in the nearest subdivided tracts. The
arrangement of thoroughfares and collector streets shall be considered in
their relation to the reasonable circulation of traffic, to topographic
conditions, to run-off of storm water, to public convenience and safety,
and in their appropriate relation to the proposed uses of area to be served.

B. Local Streets and Dead-End Streets. Local streets should be so planned as

to discourage their use by non-local traffic. Dead-end streets are
prohibited, but cul-de-sacs shall be permitted where topography or other
physical conditions justify their use. Cul-de-sacs shall not be longer than
500 feet, except where topography or other conditions justify a longer
length, including a terminal turn-around which shall be provided at the Commented [KK32]: Does this address the County's
closed end, with a right-of-way radius of not less than 70 feet. concern about cul-de-sacs?

C. Street Plans for Future Subdivisions. Where the plat to be submitted

includes only part of the tract owned or intended for development by the
subdivider, a tentative plan of a proposed future street system for the
unsubdivided portion shall be prepared and submitted by the subdivider. Commented [KK33]: Same as County ordinance.

D. Temporary Cul-de-Sac. In those instances where a street is terminated

pending future extension in conjunction with future subdivision, a
temporary turn-around facility shall be provided at the closed end, in
conformance with cul-de-sac requirements.

E. Provisions for Resubdivision of Large Lots and Parcels. When a tract is

subdivided into larger than normal building lots or parcels, such lots or
parcels shall be so arranged as to permit the logical location and openings
of future streets and appropriate resub-division, with provision for
adequate utility connections for such resubdivision. Commented [KK34]: Same language as County
ordinance.
F. Street Intersections. Under normal conditions, streets, shall be laid out so
as to intersect as nearly as possible at right angles, except where
topography or other conditions justify variations. Under normal

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conditions, the minimum angle of intersection of streets shall be 80

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 degrees. Street intersection jogs with an offset of less than 125 feet shall
be avoided.

G. Subdivision Abutting Major Rights-of-Ways. Wherever the proposed

subdivision contains or is adjacent to the right-of-way of a U.S. or State
Highway or thoroughfare, provision may be made for a marginal access
street approximately parallel and adjacent to the boundary of such right-
of-way, provided that due consideration is given to proper circulation
design, or for a street at a distance suitable for the appropriate use of land
between such street and right-of-way. Such distance shall be determined
with due consideration of the minimum distance required for approach
connections to future grade separations, or for lot depths.

H. Sidewalks. In those cases where the City Council deems appropriate and
necessary, sidewalks of not less than six (6) feet in width shall be
provided. In all cases where sidewalks are provided, provisions shall be
made for handicapped access.

I. Service Access, Alleys. Service access shall be provided in commercial

and industrial districts for off-street loading, unloading, and parking
consistent with and adequate for the uses proposed. Except where justified
by special conditions, such as the continuation of an existing alley in the
same block, alleys will not be approved in residential districts. Alleys,
where provided, shall not be less than thirty (30) feet wide. Dead-
end alleys shall be avoided wherever possible, but if unavoidable, such
dead-end alleys may be approved if adequate turn-around facilities are
provided at the closed end.

J. Half Streets. Dedication of half streets shall not be considered for

approval except where it is essential to the reasonable development of the
subdivision and in conformity with the other requirements of these
regulations or where it is found that it will be practical to require the
dedication of the other half when the adjoining property is subdivided.

K. Street Grades. Except when, upon the recommendation of the City

Engineer, the topography warrants a greater maximum, the grades in all
streets, thoroughfares, collector streets, local streets and alleys in any
subdivision shall not be greater than as follows: Arterial street, four (4)
percent; Collector street, five (5) percent; Local street and alley, eight (8)
percent. In addition, there shall be a minimum grade on all streets and
thoroughfares of not less than 30 percent.

L. Reverse Curves. There shall be a tangent between all reversed curves of a

length in relation to the radii of the curves so as to provide for a smooth
flow of traffic.

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M. Reserve Strips. Reserve strips controlling access to streets shall be
prohibited except under conditions accepted by the City Council.

N. Street Right-of-Way Width. For all public ways hereafter dedicated and
accepted, the minimum right-of-way widths for streets and thoroughfares,
shall be as shown in the Comprehensive Plan for Detroit Lakes, and where
not shown therein, the minimum right-of-way width for streets,
thoroughfares, alleys, or pedestrian ways included in any subdivision shall
not be less than the minimum dimensions for each classification as
follows:

Arterial Street 66 feet

Collector Street 66 feet
Local Street 66 feet
Alley 30 feet
Pedestrian Way 10 feet

Where existing or anticipated traffic on thoroughfares warrants

greater widths of right-of-way, these shall be required.

O. Street Alignment. The horizontal and vertical alignment standards

on all streets shall be as follows:

1. Horizontal. Radii of centerline:

Arterial Street 500 feet - minimum

Collector Street 400 feet - minimum
Minor Street 150 feet - minimum

2. Vertical. All changes in street grades shall be connected by

vertical parabolic curves of such length as follows:

Arterial Street 20 times the algebraic difference in

the percent of grade of the two (2) adjacent
slopes.

Collector Street 10 times the algebraic difference in the

percent of grade of the two (2) adjacent
slopes.

3. Private Streets. All proposed streets shall be offered for dedication

as public streets. No private streets shall be permitted except as
set forth in other ordinances.
4.3.

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Subd. 4. Easements.

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 A. Width and Location. An easement for utilities at least six (6) feet wide,
shall be provided along all lot lines. If necessary for the extension of main
water or sewer lines or similar utilities, easements of greater width may be
required along lot lines or across lots.

B. Continuous Utility Easement Location. Utility easements shall connect

with easements established in adjoining properties. These easements,
when approved, shall not thereafter be changed without the approval of the
City Council after a public hearing.

D.C. Guy Wires. Additional easements for pole guys should be

provided, where appropriate, at the outside of turns. Where possible, lot
lines shall be arranged to bisect the exterior angle so that pole guys will
fall along side lot lines.

Subd. 5. Erosion and Sediment Control. Commented [C35]: I think Subd 5 “A” and “C” are Design
matters, but that “B” and “D-G” are better located in
“Required Basic Improvements.”
A. The development shall conform to the natural limitations presented by
topography and soil so as to create the least potential for soil erosion. Commented [KK36]: Seems like this should be under
"Required Basic Improvements" and not under "Design".
B. Erosion and siltation control measures shall be coordinated with the
different stages of construction. Appropriate control measures shall be
installed prior to development when necessary to control erosion.

C. Land shall be developed in increments of workable size such that adequate

erosion and siltation controls can be provided as construction progresses.
The smallest practical area of land shall be exposed at any one period of
time.

D. When soil is exposed, the exposure shall be for the shortest feasible period
of time, as specified by the City Engineer.

E. Where the topsoil is removed, sufficient arable soil shall be set aside for
respreading over the developed area. Top soil shall be restored or
provided to a depth of four (4) inches and shall be of a quality at least
equal to the soil quality prior to development.

F. Natural vegetation shall be protected wherever practical.

G. Runoff water shall be diverted to a sedimentation basin before being

allowed to enter the natural drainage system.

Subd. 6. Storm Drainage. All subdivision design shall incorporate adequate

provisions for storm water runoff subject to review and approval of the City Engineer.

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Subd. 7. Protected Areas. Where land proposed for subdivision is deemed

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environmentally sensitive by the City, due to the existence of wetlands, drainage ways,
water courses, floodable areas of steep slopes, the design of said subdivisions shall
clearly reflect all necessary measures of protection to insure against adverse
environmental impact.

A. No land shall be subdivided which is unsuitable for the reason of flooding,

inadequate drainage, water supply or sewage treatment facilities. All lots
within the flood plain districts shall contain a building site at or above the
Regulatory Flood Protection Elevation. All subdivisions shall have water
and sewage treatment facilities that comply with the provisions of this
Ordinance and have road access both to the subdivision and to the
individual building sites no lower than two feet below the Regulatory
Flood Protection Elevation. For all subdivisions in the flood plain, the
Floodway and Flood Fringe boundaries, the Regulatory flood Protection
Elevation and the required elevation of all access roads shall be clearly
labeled on all required subdivision drawings and platting documents.

B. Floodway/Flood Fringe Determination in the General Flood Plain District:

In General Flood Plain District, applicants shall provide the information
required in Section 16, Subdivision 6.2 of the Zoning Ordinance to
determine the 100-year flood elevation, the Floodway and Flood Fringe
District boundaries and the Regulatory Flood Protection Elevation for the
subdivision site.

C. Removal of Special Flood Hazard Area Designation: The Federal

Emergency Management Agency (FEMA) has established criteria for
removing the special flood hazard area designation for certain structures
properly elevated on fill above the 100-year flood elevation. FEMA’s
requirements incorporate specific fill compaction and side slope protection
standards for multi-structure or multi-lot developments. These standards
should be investigated prior to the initiation of site preparation if a change
of special flood hazard area designation will be requested.

D. Based upon the necessity to control and maintain certain sensitive areas,
the City shall determine whether said protection will be accomplished
through lot enlargement or dedication of those sensitive areas in the form
of outlots.

E. In general, measures of protection shall include design solutions which

allow construction and grading involving a minimum of alteration to
sensitive areas. Where these areas are to be incorporated into lots within
the proposed subdivision, the subdivider shall be required to demonstrate
that the proposed design will not require construction on slopes over
eighteen (18) percent, or result in significant alteration to the natural
drainage system such that adverse impacts cannot be contained within the
plat boundary. (Ordinance No. 102, Amended 11/2/1993)

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Subd. 8. Shoreland Areas.

A. Land Suitability. Each lot created through subdivision, including planned

unit developments authorized under Section 18 of the Zoning Ordinance,
must be suitable in its natural state for the proposed use with minimal Commented [C37]: In the extraterritorial area it is the
alteration. Suitability analysis by the local unit of government shall County Zoning Ordinance.
consider susceptibility to flooding, existence of wetlands, soil and rock
formations with severe limitations for development, severe erosion
potential, steep topography, inadequate water supply or sewage treatment
capabilities, near-shore aquatic conditions unsuitable for water-based
recreation, important fish and wildlife habitat, presence of significant
historic sites, or any other feature of the natural land likely to be harmful
to the health, safety, or welfare of future residents of the proposed
subdivision of the community.

B. Consistency with Other Controls. Subdivisions must conform to all

official controls of this community. A subdivision will not be approved
where a later variance from one or more standards in official controls
would be needed to use the lots for their intended purpose. In areas not
served by publicly owned sewer and water systems, a subdivision will not
be approved unless domestic water supply is available and any sewage
treatment systems is consistent with all applicable codes and regulations
Sections 5.2 and 5.8 can be provided for every lot. Each lot shall meet
the minimum lot size and dimensional requirements of Section 5.lall
official controls of the jurisdiction where the land is located, including at
least a minimum contiguous lawn area, that is free of limiting factors
sufficient for the construction of two o standard soil treatment systems. Commented [KK38]: Need to check Section numbers.
Lots that would require use of holding tanks must not be approved. Commented [C39R38]: Or just say that it needs to
comply with “all applicable codes and regulations” and that
C. Information Requirements. Sufficient information must be submitted by each lot shall meet the minimum lot size and dimensional
the applicant for the community to make a determination of land requirements of “all applicable official controls of the
jurisdiction where the land is located.”
suitability. The information shall include at least the following:

1. Topographic contours at ten-foot intervals or less from United

States Geological Survey maps or more accurate sources, showing
limited site characteristics;

2. The surface water features required in Minnesota Statutes, Section

505.02, Subdivision 1, to be shown on plats, obtained from United
States Geological Survey quadrangle topographic maps or more
accurate sources;

3. Adequate soils information to determine suitability for building

and on-site sewage treatment capabilities for every lot from the
most current existing sources or from field investigations such as

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soil borings, percolation tests, or other methods;

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 4. Information regarding adequacy of domestic water supply; extent
of anticipated vegetation and topographic alterations; near-shore
aquatic conditions, including depths, types of bottom sediments,
and aquatic vegetation; and proposed methods for controlling
stormwater runoff and erosion, both during and after construction
activities;

5. Location of 100-year flood plain areas and floodway districts from

existing adopted maps or data; and

6. A line or contour representing the ordinary high water level, the

"toe" and the "top" of bluffs, and the minimum building setback
distances from the top of the bluff and the lake or streams.

D. Dedications. When a land or easement dedication is a condition of

subdivision approval, the approval must provide easements over natural
drainage or ponding areas for management of stormwater and significant
wetlands.

E. Platting. All subdivisions that create five or more lots or parcels that are
2-1/2 acres or less in size shall be processed as a plat in accordance with
Minnesota Statutes, Chapter 505. No permit for construction of buildings
or sewage treatment systems shall be issued for lots created after these
official controls were enacted unless the lot was approved as part of a
normal subdivision.
E. Platting.
a. All subdivisions, not otherwise exempt by the provisions of this
ordinance, that create two or more lots or parcels that are less than
5 acres in size within 1 mile of the corporate limits,
b. All subdivisions, not otherwise exempt by the provisions of this
ordinance, that create two or more lots or parcels that are less than
2.5 acres in size between 1 mile and 2 mile of the corporate limits.

F. 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 comply with all
applicable official controls.meet or exceed the sizing criteria in
Section 18 of the Zoning Ordinance Commented [C40]: Remember, the City shoreland
ordinance does not allow for Controlled Access Lots, but I
believe that the County’s ordinance does.

G. Notification to the Department of Natural Resources. (Ordinance No. 67,

Adopted 11/5/1991)

Section 89. Required Basic Improvements

Formatted: Tab stops: 1.73", Left
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Subd. 1. General Provisions.

A. Approval.

1. Before a final plat may be approved by the City Council, the owner
shall execute and submit to the Council an agreement, which shall
be binding on his (or their) heirs, personal representatives and
assigns, that he shall cause no private construction on said land
except with approval of the City Engineer, until all improvements

Formatted: Tab stops: 1.73", Left

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 required under this ordinance have been petitioned for, arranged
for, or have been constructed.

2. No final plat shall be approved by the Council with-out first

receiving a report from the City Engineer certifying that the
improvements described herein, together with the agreements and
documents required herein will meet the minimum requirements of
all applicable ordinances. Refer to special assessment policies,
City of Detroit Lakes, February, 1978, as may be amended.

3. A certified copy of the plat restrictions shall be filed with the City
Administrator shall be filed with the City Administrator and
County Recorder which shall include a provision that, in all
instruments of sale or conveyance given before all street
improvements have been made, the grantee shall agree to and
approve such improvements and the assessment of their cost.
and Register of Deeds

B. Financing of ImprovementsCity Financing.

1. Upon recommendation of the Engineer and with the approval of

the City Council, any or all of the required improvements may be
financed and assessed by the City pursuant to M.S.A. 429. Length
of assessment period and rate of interest shall be as determined by
theby the City Council. The City retains the right to require
additional provisions of the developer in providing financing,
including financial security for the payment of special
assessments, as agreed upon in a development agreement with the
developer and City. Refer to special assessment policies, City of
Detroit Lakes, February, 1978, as may be amended.
2.
Financing by Developer.

1.
2. TThe City Council may require the developer to finance and pay for
any or all improvements. Prior to the developer making of such
required improvements, the owner or subdivider shall deposit with
the City Administrator an amount equal to the City Engineer's
estimated cost of any or all such improvements which are to be
financed by the developer, either in cash deposit, certified check,
irrevocable letter of credit, bond or other financial security or an
indemnity bond, with sureties and conditions to the satisfaction of
the City, to assure the City that all utilities and improvements will be
constructed or installed according to the specifications of the City.
The City shall further require the developer to establish an escrow
account with the City or other security for the purpose of
Formatted: Tab stops: 1.73", Left
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 reimbursing the City for direct costs relating to the project, including
but not limited to engineering services of the City Engineer, legal
fees and other professional services incurred by the City in
connection with the project and the review, approval and inspection
of the improvements.

Subd. 2. Improvements. Formatted: Indent: Left: 0.56", First line: 0"

A. The following basic improvements shall be constructed according to City

specifications, or as applicable, County or Township specifications in the
Extraterritorial Area. Programming of improvements shall be approved by the City
Engineer. Construction and installation of improvements may be contracted
through the City of Detroit Lakes within the City, or through the developer, as
determined in the discretion of the City or if the improvements are located in the
Extraterritorial Area. as provided for in this section. Programming of
improvements shall be approved by the City Engineer. The following improvments
shall be constructed as provided for in this section. Programming of improvements
located within the corporate limits shall be approved by the City Engineer.
Formatted: Indent: Left: 0.56"

Formatted: Tab stops: 1.73", Left

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A. Furnishing of improvements by the City within the City shall be Formatted: Indent: Left: 0.56", First line: 0"
commensurate with available City funds for such work and according to programs
and priorities as established by the City Council. IIf the developer desires any of
these improvements sooner than the City is willing to furnish them, the City may
allow the developer to contract for the improvements, with all costs paid for by the
developer. In the Extraterritorial Area, the developer shall contract and pay for the
required improvements.City Obligation. The City of Detroit Lakes will construct,
furnish, and install at City expense, the following improvements according to City
specifications. Furnishing of these improvements shall be commensurate with
available City funds for such work and according to programs and priorities as
established by the City Council. If the developer would desire any of these
improvements sooner than the City would be able to furnish them, then the costs of
the following improvements shall be paid for by the developer.

1. Storm Sewer. Storm sewer mains will be constructed by the City

as funds are available. Connection shall be made at the boundary
of the subdivision, if available, or to some other approved
discharge outlet. The developer shall secure or provide the
necessary easements or discharge permits. This requirement shall
not prevent the City from acquiring necessary easements by
eminent domain. Any costs for such easements shall be borne by
the developer.

1. Storm Sewer mains and laterals. Within the City cConnection to

Storm Sewers shall be made at the boundary of the subdivision, if
available, or to some other approved discharge outlet. The
developer shall secure or provide the necessary easements or
discharge permits. This requirement shall not prevent the City from
acquiring necessary easements by eminent domain. Any costs for
such easements shall be borne by the developer. Within the
Extraterritorial Area, adequate drainage shall be provided for the
subdivision as determined necessary by the City Engineer.

2. Street Lighting. Street lighting shall be constructed and

installed based on recommendations by the City Engineer.after
by the City, preferably after curb and gutter have been installed.
If additional or other type of lighting is desired by the developer,
he the developer shall pay the increased cost thereof.

3. Signs. Street name signs and traffic control signs shall be installed
by the City within the City, or by the developer in the
Extraterritorial Area.

B. Obligation of Developer. The developer shall pay the proportionate

amount of the following improvements on or for his subdivision or
development. Financing shall be according to Subdivision 1 of this
section and special assessment policies for the City of Detroit Lakes, Formatted: Tab stops: 1.73", Left
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February 1978, as may be amended.

1.4.Site Grading. Necessary site grading shall be accomplished by the

subdividerdeveloper in accordance to the elevations approved by
the City Engineer.

2.5.Street Grading. SStreets shall be graded for the total width of the
right-of-way and to the elevations as established by the City
Engineer. A minimum of four (4) inches of granular base material
shall be applied to thea width of 40 feetnecessary for the street Commented [KK41]: 40’ doesn’t made sense if the
surface or to Township and or County standards when the plat is roadway would be significantly less.
located within the extraterritorial area. More base material should Commented [KK42]: Addresses County's concerns about
be applied if required to stabilize the road bed.Streets shall be building too large of a road.
graded for the total width of the right-of-way and to the elevations
as established by the City Engineer. A minimum of four (4)
inches of granular base material shall be applied to a width of 40
feet. More base material should be applied if required to stabilize
the road bed.

3.6.Street Improvements. Street improvements consisting of base

material; curb and gutter storm water inlets and leads; and paving
shall be constructed in accordance with plans as prepared by, and
under the supervision of the City Engineerthe standards and
specifications for street construction as approved by the City
Council and as reviewed and supervised by the City Engineer. In Commented [KK43]: May want to establish actual street
the extraterritorial area, streets will be improved in accordance to design criteria.
standards and specification for street construction as approved by
the County or Township in which the plat is located. Commented [KK44]: Matches County ordinance
language.

Formatted: Tab stops: 1.73", Left

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 Temporary construction may, at the discretion of the City
Engineer, be required, for just cause, on any street, streets, or
portion thereof. Reconstruction or alteration in any way of
existing streets affected by the plat or improvements thereupon,
shall be subject to the approval of the City Engineer. All costs
therein shall be borne by the owner or subdividerdeveloper. Half
streets, if accepted, shall be improved as directed by the City
Engineer.

7. Sanitary Sewer. Where sanitary sewer is or will be available at the

boundary of the subdivision, it shall be constructed in accordance
with plans as prepared by and under the supervision of the City
Engineer. The cost of any required pumping station, deemed
necessary by the engineer shall either be paid for by the developer
or assessed against the benefiting property.
Where it is neither practical nor economical for the City to extend
City sewer, private sewage disposal facilities shall be constructed
according to all applicable City, County and State codes,
regulations, ordinances and specifications by the landowner
constructing an improvement on the property. Consideration shall
be given to future availability of City sewer in such installations.
Such information shall be recorded on the plat and in deed so
affected.

5. Watermain. Where City water is or will be available at the

boundary of the subdivision, it shall be constructed in accordance
with plans as prepared by and under the supervision of the City
Engineer.
6.8.
Where it is neither practical nor economical for the City to extend
City water, private water supplies shall be constructed according to
all applicable City, County and State codes, regulation and
specifications by the landowner constructing an improvement on
the property.

9. Storm Sewers: Storm sewer improvements shall be classified to

include all storm sewer, storm sewer pumping stations, culverts,
ditches and any other improvement, which will facilitate the
drainage. Curb and gutter shall not be considered a part of storm
sewer improvements.

Storm sewer improvements shall be assessed on a square foot basis

to all benefited properties in accordance with the City’s assessment
policy.

7.10. Trees. Boulevard trees, if desired, shall be installed by the

owner or developer in accordance with park department Formatted: Tab stops: 1.73", Left
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 standards.

Subd. 3
Parks and Open Space Criteria.

1. Dedication of Parks and Recreational Land for Residential Areas.

Upon recommendation by the Planning Commission, in
conjunction with the Park Board, and upon approval by the City
Council, in consideration of the particular type of residential
development proposed, the subdivider shall be required to dedicate
and deed to the City such areas of a character, extent and location
suitable to the needs created by such development for park and
other recreational purposes. It is hereby found and declared that at
the time of platting it is reasonable to require an amount of land
equal to six (6) percent of the land proposed to be sub-divided for
parks and recreation purposes.

As an alternative, if the land proposed for dedication does not meet

the needs of the area, the City Council, after receiving a
recommendation from the Planning Commission, may require the
subdivider to pay in cash an amount equal to six (6) percent of the
fair market value of the unplatted land as in lieu of the dedication of
the land. If cash payment is required it will be based on the
following scale: Commented [KK45]: Proposal based upon County and
Township feedback.
Area Payment in Lieu of Park Dedication
Residential Plats within City Limits 6%
Residential Plats within 1 mile of City Boundaries 6%
Residential Plats more than 1 mile from City Boundaries 0

The fair market value shall be determined by the City Assessor's

Office. The cash payment shall be used for the purchase of the land
or the development of existing or future parks and
playgrounds. When land is dedicated and deeded to the City for
Park purposes, it shall be the responsibility of the City Parks
Department to maintain such dedicated property.

2.11. Dedication of Storm Water Holding Areas or Ponds. Upon

recommendation of the City Engineer and Planning Commission
and approval by the City Council, the subdivider may be required
to dedicate to the public a portion of the land proposed to be
subdivided for storm water holding areas or ponds as required to
meet the storm water holding needs of said plat. (Ordinance No.
Formatted: Tab stops: 1.73", Left
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 271, Adopted 5/3/2005)

Section 910. Nonplatted Subdivision

Subd. 1. Registered Land Surveys. It is the intention of this ordinance that

all registered land surveys in the City of Detroit Lakes should be presented to the
Planning Commission in the form of a preliminary plat in accordance with the standards
set forth in this ordinance for preliminary plats and that the Planning Commission shall
first approve the arrangement, sizes, and relationships of proposed tracts in such
registered land surveys and that tracts to be used as easements or roads should be so
dedicated. Unless a recommendation and approval has been obtained from the Planning
Commission and City Council, respectively, in accordance with the standards set forth in
this ordinance, building permits will be withheld for buildings on tracts which have been
so subdivided by registered land surveys and the City may refuse to take over tracts as
streets or roads to improve, repair, or maintain any such tracts unless so approved.

Subd. 2. Conveyance by Metes and Bounds.

A. Restrictions. No division of one (1) or more parcels in which the land

conveyed is described by metes and bounds shall be made or recorded if the
parcels described in the conveyance are five (5) acres or less in area and three
hundred (300) feet or less in width unless such parcel was a separate parcel or
record at the effective date of this ordinance. Building permits will be withheld
for buildings or tracts which have been subdivided and conveyed by this
method and the City may refuse to take over tracts as streets or roads or to
improve, repair, or maintain any such tracts. No division of one (1) or more
parcels in which the land conveyed is described by metes and bounds shall be
made or recorded unless a surveyor’s sketch is provided and all tracts meet the
following standards:

1. Meet one of the exceptions listed in Section 2, Subd. 7 of this

ordinance.

2. Meet the design standards for platted lots set forth in Section 7,
Subd. 2 of this ordinance; and
3. The parcels have access to a public sewage treatment system or
have suitable area for the installation of two standard onsite
sewage treatment systems.
B. Surveyor’s Sketch Requirements. A surveyor’s sketch is required for metes
and bounds conveyance and shall meet the following standards:
Commented [KK46]: County ordinance does a similar
reference back to their design standards.
Commented [KK47]: Taken from the Perham subdivision
ordinance.
Commented [KK48]: May want to review the County's
surveyor's sketch requirements Section J, subpart K.

1. Illustrate the subdivider’s entire lot, parcel, or tract which is Formatted: Tab stops: 1.73", Left
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 subdivided by the conveyance or other document;

2. Identify the location of any wetlands on the property;

3. Identify all roads; Commented [KK49]: Taken form the Perham subdivision
ordinance.
4. Include a legal description to be used to describe each lot.

C. Enforcement. Building permits will be withheld on tracts which have been

subdivided and conveyed by metes and bounds without submission of a
surveyor’s sketch and the City, or County or Town in the Extraterritorial Area,
may refuse to take over tracts as streets or roads or to improve, repair, or
maintain any such tracts.
A.
if the parcels described in the conveyance are both five (5) acres or less in area and 300 feet
or less in width within 1 mile of the corporate limits, and 2.5 acres or less between 1 mile
and 2 miles of the corporate limits, unless such parcel was a separate parcel or record at the
effective date of this ordinance. Building permits will be withheld for buildings or tracts
which have been subdivided and conveyed by this method and the City may refuse to take
over tracts as streets or roads or to improve, repair, or maintain any such tracts.

Such lots conveyed by this section must abut upon a public right of way except that parcels
exceeding 5 acres in size must at a minimum be provided with a 66 foot wide road right of
way easement for non-exclusive roadway and utility purposes from the parcel to an existing
public right of way.

Formatted: Tab stops: 1.73", Left

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 Section 101. Variances, Planning Commission
Recommendations, Standards

Subd. 1. Findings. The Planning Commission may recommend a variance

from the minimum standards of this ordinance (not procedural provisions) when, in its
opinion, undue hardship may result from strict compliance, the variance is in harmony
with the general purposes and intent of the ordinance and is consistent with the
Comprehensive Plan. In recommending any variance, the Commission shall prescribe
any conditions that it deems necessary to or desirable for the public interest. In making
its recommendations, the Planning Commission shall take into account the nature of
the proposed use of land and the existing use of land in the vicinity, the number of
persons to reside or work in the proposed subdivision and the probable effect of the
proposed subdivision upon traffic conditions in the vicinity. A variance shall only be
recommended when the applicant for the variance establishes and the Planning
Commission finds that there are practical difficulties in complying with the ordinance.
In connection with an application for a variance, a practical difficult means
that:Planning Commission finds:

A. That there are special circumstances or conditions affecting said property

such that the strict application of the provisions of this ordinance would
deprive the applicant of the reasonable use of his land, and the applicant
proposes to use the property in a reasonable manner not permitted by the
ordinance; and.

B. That the granting of the variance will not be detrimental to the public
health, safety, and welfare or injurious to other property in the
vicinityterritory in which property is situated.

C. The plight of the applicant is due to circumstances unique to the

property not created by the applicant andThat the variance is to correct
inequities resulting from those circumstances, an extreme physical
hardship s, such as topography, etc.

C.
D. The variance, if granted, will not alter the essential character of the
locality. Economic consideration alone do not constitute practical
difficulties.

After considerations of the Planning Commission findings and recommendations, the

City Council may grant variance, subject to A, B, C, and D of this subdivision.

Subd. 2. Procedure.

A. Requests for a variance or appeal shall be filed with the City

Administrator on an official application form. Such application shall be
Formatted: Tab stops: 1.73", Left
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 accompanied by a fee as established by City Council resolution. Such
application shall also be accompanied by five (5)10 copies of detailed
written and graphic materials necessary to the explanation of the request.

B. Upon receiving said application, the City Administrator shall refer the
application, along with all related information, to the City Planning
Commission for a report and recommendation to the City Council. Commented [C50]: It is possible that a variance
application in the extraterritorial area could be contrary to
County Zoning. Does the County want us to refer variance
C. The Planning Commission shall consider the variance at its next regular applications in the extraterritorial area to the County?
meeting unless the filing date falls within 15 days of said meeting, in
which case the request would be placed on the agenda and considered at
the regular meeting following the next regular meeting. The City
Administrator shall refer said application, along with all related
information, to the City Planning Commission for consideration and a
report and recommendation to the City Council.
C. The Planning Commission shall consider the variance at its next regular
meeting unless the filing date falls within 28 days of said meeting, in
which case the request would be placed on the agenda and considered at
the regular meeting following the next regular meeting. The City
Administrator shall refer said application, along with all related
information, to the City Planning Commission for consideration and a
report and recommendation to the City Council.

E.C. The applicant or a representative thereof shall appear before the

Planning

Formatted: Tab stops: 1.73", Left

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 Commission in order to answer questions concerning the proposed
variance request.

F.D. The variance application shall be referred to the City staff for a
report and recommendation to be presented to the Commission. A
preliminary draft of the City staff's report and recommendation shall be
given to the City Planning Commission at least seven (7) days prior to the
meeting in which said report and recommendations are to be presented.
The final report and recommendations to the City staff are to be entered in
and made part of the permanent written record of the Planning
Commission meeting.

G.E. The Planning Commission and City staff shall have the authority
to request additional information from the applicant concerning the
variance or to retain expert testimony with the consent and at the
expense of the applicant concerning said variance where said information
is declared necessary to insure preservation of health, safety, and general
welfare.

H.F. The Planning Commission shall request the City Administrator to

set a date for a public hearing. Notice of such hearing shall be published
in the official newspaper at least 10 days prior to said hearing and
individual notices shall be mailed not less than 10 days nor more than 30
days prior to the hearing to all owners of property within 350 feet of the
parcel included in the request.

I.G. Failure of a property owner to receive said notice shall not

invalidate any such proceedings as set forth within this ordinance.

J.H. The Planning Commission shall make a finding of fact and

recommend such actions or conditions relating to the request as they deem
necessary to carry out the intent and purpose of the ordinance. Such
recommendation shall be in writing and accompanied by the report and
recommendation of the City staff.

K.I. The City Council shall not grant a variance until they have
received a report and recommendation from the Planning Commission
and the City staff or until sixty (60) days after the first regular Planning
Commission meeting at which the request was considered.

L.J.Upon receiving the report and recommendation of the Planning

Commission and City staff, the City Council shall place the report and
recommendation on the agenda for the next regular meeting. Such report
and recommendations shall be entered in and made a part of the perm-
anent written record of the City Council meeting.

M.K. Upon receiving the report and recommendation of the Planning Formatted: Tab stops: 1.73", Left
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Commission and City staff, the City Council shall make a recorded finding

Formatted: Tab stops: 1.73", Left

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 of fact and impose any condition it considers necessary to protect the
public health, safety, and welfare.

N.L. The City Council shall decide whether to approve or deny a

request for a variance or an appeal within thirty (30) days after the
public hearing on said request.

O.M. A variance of this subdivision ordinance or grant of an appeal shall

be by majority of the full City Council.

P.N. The City Administrator shall notify the originator of the variance
request or appeal of the City Council's decision in writing.

Section 112. Violations and Penalty

Subd. 1. Enforcement. The County Recorder shall submit to the City’s

Zoning AdministrationAdministrator’s Office copies of any documents presented for
filing which appear to be in violation of this ordinance. The Zoning AdministratorCity
Administrator shall examine each such instrument to determine whether the proposed
conveyance complies with this ordinance. If the conveyance does not comply with this
ordinance, the Zoning AdministratorCity Administrator shall give notice by mail of the
potential violation to the parties to the conveyance and shall communicate the objection
of the City to the County Recorder.

Subd. 2. Sale of Lots from Unrecorded Plats. It shall be unlawful to sell,

trade, or otherwise convey any lot or parcel of land in violation of this ordinance.

Subd. 3. Misrepresentation as to Construction, Supervision, or Inspection

Improvements. It shall be unlawful for any person, firm, or
corporation owning an addition or subdivision of land within the City to represent that
any improvement upon any of the streets, alleys, or avenues of said addition or
subdivision or any sewer in said addition or subdivision has been constructed according
to the plans and specifications approved by the City Council, or has been supervised or
inspected by the City when such improvements have not been so constructed, supervised,
or inspected.

Subd. 4. Penalty. Anyone violating any of the provisions of this Ordinance

shall be guilty of a misdemeanor. Each calendar month in which a violation occurs, or
continues shall constitute a separate offense.

Subd. 5. Civil Enforcement. The City may condition the issuance of any Formatted: Font: (Default) Times New Roman, 10 pt
approvals required by thise ordinance upon the applicant’s agreement that it will pay the
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reasonable costs, disbursements and attorney fees incurred by the City in enforcing the
provisions of this ordinance, the approval or any violation of the approval. Civil Formatted: Font: 10 pt
Formatted: Font: 10 pt
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Enforcement may be by stop work order issued by the City, abatement or by civil action
and the City is authorized to pursue any remedy available at law or in equity, including
but not limited to temporary restraining orders, injunctions both mandatory and
prohibitory as well as damages.The City, in addition to other remedies, may institute
other appropriate actions or proceedings to prevent, restrain, correct or abate any
violations or threatened violations.

(Ordinance No. 207, Amended 1/2/2001)

(Adopted: 5/1/1979)

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