Professional Documents
Culture Documents
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.
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”.
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:
B. Existence of wetlands;
D. Steepnfavorable topography;
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. 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:.
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. 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. 8. City Council. Is the governing body of the City of Detroit Lakes.
Subd. 109. Comprehensive Plan. The group of maps, charts and text that
make up the comprehensive long-range plan of the City.
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. 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. 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.
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subdivision meeting the requirements herein enumerated.
Subd. 3227. Setback. The distance between a building and the property
line nearest thereto.
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.
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Subd. 4035. Street Width. The shortest distance between lines of lots
delineating the street's right-of-way.
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;
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. 47. U.S.G.S. Datum. Refers to United States Geodetic Survey Datum.
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.
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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.
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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.
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.
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.
3. The proposed site grading and development will cause harmful and
irreparable damage from erosion and siltation on downhill or
downstream land.
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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.
A. General Requirements.
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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.
3.4.Graphic scale or plat, not less than one (1) inch to 100 feet.
B. Existing Conditions.
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.
7.5.When lots are located on a curve, the width of the lot at the
building setback line.
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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.
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City Engineer and the Planning Commission.
Formatted: Indent: Left: 1.57"
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 Commented [C24]: Don’t we just mean lots that are
subject to potential replat, the preliminary plat toshall indicate a between the minimum lot size and 10 acres? The language
is too subjective, how do we know if structures are to be
logical way in which the lots could possibly be resubdivided in
placed on a lot or whether a lot is subject to potential
the future. replat?
6. Where structures are to be placed on large or excessively deep lots
Commented [KK25]: County Ordinance has similar
which are subject to potential replat, the preliminary plat shall requirement in Section H, 3, g.; City Ordinance also includes
indicate a logical way in which the lots could possibly be similar language in the design standards.
resubdivided in the future.
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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.
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:
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.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.
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.
Signed
Chairman
Attest
Secretary
Approved by the City of Detroit Lakes, Minnesota, this ___ day of ____, 20
Signed
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Mayor
Attest
City Administrator
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.
Signed
Chairman
Attest Signed
Clerk
________, 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.
Subd. 1. Blocks.
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.
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.
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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.
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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.
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.
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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:
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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.
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.
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.
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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.
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.
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Subd. 8. Shoreland Areas.
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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;
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.
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
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
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.
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.
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.
Subd. 3
Parks and Open Space Criteria.
2. Meet the design standards for platted lots set forth in Section 7,
Subd. 2 of this ordinance; and Commented [KK46]: County ordinance does a similar
reference back to their design standards.
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. Commented [KK47]: Taken from the Perham subdivision
ordinance.
B. Surveyor’s Sketch Requirements. A surveyor’s sketch is required for metes Commented [KK48]: May want to review the County's
and bounds conveyance and shall meet the following standards: 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;
3. Identify all roads; Commented [KK49]: Taken form the Perham subdivision
ordinance.
4. Include a legal description to be used to describe each lot.
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.
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.
D. The variance, if granted, will not alter the essential character of the
locality. Economic consideration alone do not constitute practical
difficulties.
Subd. 2. Procedure.
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.
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.
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.
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
P.N. The City Administrator shall notify the originator of the variance
request or appeal of the City Council's decision in writing.
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
Formatted: Font: 10 pt
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.
(Adopted: 5/1/1979)