315:8

City Code: 315:8

Section 315 - Subdivision Ordinance

Section 315:00. General Provisions.

Subd. 1. Title. This ordinance shall be known as the Subdivision Ordinance of the City of Owatonna.

Subd. 2. Purpose and Intent. Each new subdivision becomes a permanent unit in the basic physical structure of the future community, a unit to which the future community will of necessity be forced to adhere. Piecemeal planning of such subdivisions, without correlation to the city plan, will bring a disconnected patchwork of plats and poor circulation of traffic. In order that new subdivisions will contribute toward an attractive, orderly, stable and wholesome community environment; to insure that the City has the ability to provide an adequate level of municipal services; and to promote the efficient movement of traffic, all subdivisions hereafter platted within the jurisdiction of the City of Owatonna shall in all respects fully comply with the regulations hereinafter set forth in these regulations.

Pursuant to the authority contained in Minnesota Statutes, Section 462.358, this ordinance is adopted for the following purposes:

a. To protect and promote the public health, safety, and general welfare. b. To provide for the orderly, economic, and safe development of land. c. To preserve agricultural lands. d. To promote the availability of housing affordable to persons and families of all income levels. e. To facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities.

Subd. 3. Authority. This ordinance is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statute 462.358.

Subd. 4. Jurisdiction. The rules and regulations governing plats and subdivisions of land contained herein shall apply within the City of Owatonna. The City of Owatonna may by resolution extend the application of its subdivision regulations to unincorporated territory located within two miles of its limits in any direction but not in a town which has adopted subdivision regulations; provided that where two or more noncontiguous municipalities have boundaries less that four miles apart, each is authorized to control the subdivision of land equal distance from its boundaries within this area.

Subd. 5. Separability. It is hereby declared to be the intention of the City that the several provisions of this Ordinance are separable in accordance with the following:

a. If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgement shall not affect any other provisions of this Ordinance not specifically included in said judgment.

Section 315:00, Subd 5. b.

b. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property building or other structure, such judgement shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

Subd. 6. Conflict. It is not intended by this Ordinance to annul or interfere with any other official regulations or ordinances of the City; provided, however, that when there is a difference between minimum standards or dimensions herein and those contained in other official regulations or ordinances of the City, the highest standards shall apply.

Subd. 7. Effect of Subdivision Approval. For one year following preliminary approval and for two years following final approval, unless the subdivider and the City of Owatonna agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to the City regulations, the City of Owatonna may extend the period by agreement with the subdivider subject to all applicable performance conditions and requirements, or the City may require submission of a new application unless substantial physical investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivision involving planned and staged development, the City may by resolution or agreement grant the rights referred to herein for such periods of time longer than two years where it determines to be reasonable and appropriate.

Section 315:04. Definitions.

Subd. 1. For the purpose of this ordinance, the following terms, phrases, works and their derivations shall have the meaning given in the subdivisions which follow in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The work "shall" is always mandatory, and not merely directory.

Subd. 2. "Boulevard" is the portion of the street right-of-way between the curb line and the lot line.

Subd. 3. "Butt Lot" is a lot at the end of a block and located between two corner lots.

Subd. 4. "Comprehensive Municipal Plan" means a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the municipality and its environs, including air space and subsurface areas necessary for mined underground space development, and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution. A comprehensive plan represents the City's recommendations for the future development of the community.

Section 315:04, Subd. 5.

Subd. 5. "Council" is the City Council of Owatonna, Minnesota.

Subd. 6. "Easement" is a grant by an owner of land for the specific use of said land by the public generally, or to a person or persons.

Subd. 7. "Final Plat" means the drawing or map of a subdivision prepared for filing of record pursuant to Chapter 505 and containing all elements and requirements set forth in applicable local regulations adopted pursuant to Section 462.358 and Chapter 505.

Subd. 8. "Lot" is a parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision of record or survey map or by metes and bounds, for the purpose of sale or lease or separate use thereof.

Subd. 9. "Minimum Subdivision Design Standards" are the guides, principles and specifications for the preparation of subdivision plans indicating among other things, the minimum and maximum dimensions of the various elements set forth in the preliminary plan.

Subd. 10. "Owner" is any individual, firm, association, syndicate, co-partnership, corporation, trust, or any 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. 11. "Pedestrian Way" is the right-of-way across or within a block, for use by pedestrian traffic whether designated as a pedestrian way, crosswalk, or however otherwise designated.

Subd. 12. "Person" is any individual, firm, association, syndicate, or partnership, corporation, trust, or any other legal entity.

Subd. 13. "Planned Unit Development" is a tract of land developed as a unit rather than as individual development wherein buildings may be located in relationship to each other rather than to lot lines or zoning district boundaries. The planned unit development must be developed in compliance with Owatonna Zoning Ordinance 827, Section V: M.

Subd. 14. "Planning Commission" is the Planning Commission of Owatonna.

Subd. 15. "Preliminary Plat" is the preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission and City Council for their considerations.

Subd. 16. "Protective Covenants" are contracts entered into between private parties and constitute restriction on the use of all private property within a subdivision of the benefit of the property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.

Subd. 17. "Setback Line, Building" is a line within a lot which establishes the minimum distance between the property line and nearest portion of an enclosed structure.

Section 315:04, Subd. 18.

Subd. 18. Streets and Alleys

a. "Street" is a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise designated.

b. "Collector Street" is a street which carries traffic from local streets to arterial streets. It includes the principal entrance streets of a residential development and streets for circulation within such development.

c. "Cul-de-sac" is a minor street with only one outlet and having a turn-around.

d. "Marginal Access Street" is a minor street which is parallel and adjacent to a thoroughfare and which provides access to abutting properties and protection from through traffic.

e. "Local Street" is a street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood.

f. "Street Right-of-Way" is the shortest distance between the lines delineating the right-of-way of a street.

g. "Pavement Width" is the shortest distance across the road surface as measured from curb face to curb face.

h. "Arterial" is a street intended to conduct through traffic from one part of the city to another, connecting traffic generators and/or providing continuity with state and county highway systems.

i. "Alley" is a minor way which is used primarily for vehicular service access to the back or the side of properties abutting on a street.

j. "Private Street" is a way for vehicular traffic which is not owned and maintained by the municipality.

k. "Half Street" is a public right-of-way having only half the required width as specified in Section 315:18, Subd. 3 of this Ordinance.

Subd. 19. "Subdivider" is any person commencing proceedings under this ordinance to effect a subdivision of land hereunder for himself or for another.

Subd. 20. "Subdivision" means the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial or other use or any combination thereof, except those separations:

a. Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses;

Section 315:04, Subd. 20. b.

b. Creating Cemetery lots;

c. Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

Section 315:06. Recording and Conveying.

Subd. 1. Unless approved as a final plat as provided herein or as provided for in Subd. 1(a) below, no subdivision shall be entitled to record in the County Recorder's Office or have any validity; and the Building Inspector shall not issue building permits for any structure on a lot in any proposed subdivision. The Council shall not permit any public improvements to be installed unless the preliminary plat is approved, and shall not permit any services until approval of the final plat. Deeds of lots shall not be recorded until the plat is recorded.

a. The division of an existing platted lot that creates only buildable lots meeting the minimum area requirements of the Zoning Ordinance of the City of Owatonna may be permitted without replatting subject to the following:

(1) Three copies of a certificate of survey, showing and including all parcels created by the division of the existing platted parcel, are submitted to the Planning Commission for public hearing as provided in Ord. No. 827 (Owatonna Zoning Ordinance), along with a fee in the amount of one hundred (100) dollars.

(2) The Planning Commission shall hold public hearing on the application and forward their recommendation to the City Council for official action. (3) The maximum number of parcels to be created from one platted lot does not exceed two; and the maximum number of parcels to be created from two platted lots does not exceed three. (Division of more than two platted lots without replatting will not be allowed). (4) The dedication of utility easements or street easements is not involved. (5) All parcels created by this process meets all applicable lot standards of the subdivision regulations and the Zoning Ordinance. (6) Outstanding special assessments are paid in full.

b. The division of a platted or an unplatted parcel where a parcel is created that is less than a buildable lot as required by the Owatonna Zoning Ordinance may be allowed without platting subject to the following:

(1) The undersized parcel is to be conveyed to the owner of an abutting lot to satisfy minimum space, setback and lot use requirements for the parcel owned by grantee. (2) Three copies of a certificate of survey are submitted to the City Planner for review along with an application fee of $25. (3) The dedication of utility or street easements is not involved.

Section 315:06, Subd. 1. b. (4)

(4) The remainder parcel meets all Zoning Ordinance requirements for setbacks and lot use. (5) Outstanding special assessments are paid in full.

Subd. 2. Any owner or agent of the owner of land who conveys a lot or parcel in violation of this ordinance, subject to modification under Section 315:24 shall forfeit and pay to this municipality a penalty of not less than one hundred (100) dollars for each lot or parcel so conveyed. The City may enjoin such conveyance by action for injunction or may recover such penalty by a civil action in any court of competent jurisdiction. The City shall not issue any building permits to property conveyed in violation of this ordinance.

Subd. 3. In the case of a subdivision of small size and minor importance, situated in a locality where conditions are well defined the procedure for preliminary plat and final plat may be combined.

Subd. 4. Restrictions on Filing and Recording Conveyances. No conveyance of land to which the regulations are applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after such regulations become effective. The foregoing provision does not apply to a conveyance if the land described:

a. Was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later, or of the adoption of subdivision regulations pursuant to the home rule charter, or

b. Was the subject of a written agreement to convey entered into prior to such time,

c. Was a separate parcel of not less than 2 1/2 acres in area and 150 feet in width on January 1, 1966, or

d. Was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980, or

e. Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width, or

f. Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width.

Subd. 5. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded.

Section 315:08

Section 315:08. General Procedures for Submission of Plats.

Subd. 1. Procedure for preliminary sketch review.

a. Preliminary consultation with City staff shall be required regarding development and platting proposal to include the following items:

(1) Availability of services. (2) Topographic features including wetlands and floodplain areas. (3) Street Pattern and Standards. (4) Proposed timing of development. (5) Utility and storm water easements in conjunction with Owatonna Public Utilities. (6) Lot configuration and size. (7) Proposed financing of improvements. (8) Disposition of any existing assessments.

b. Following such informal review and consultation, the subdivider may submit the preliminary plat utilizing the considerations determined in the sketch plan review.

Subd. 2. Procedure for preliminary plat.

a. Unless provided for elsewhere in this Ordinance or a variance is authorized, an owner or subdivider shall, before dividing any tract of land into two or more lots or parcels, file with the City Planner;

(1) Six (6) copies of the preliminary plat. (2) To defray administrative costs of processing each subdivision plat, a minimum fee shall be paid in the amount duly established in City Ordinance 550:00, Subd. 14. Said fees shall be payable at the time of filing a preliminary plat.

b. Any proposed preliminary plat which includes lands abutting upon any existing or established trunk highway or proposed highway which has been designated by a centerline order filed in the office of the County Recorder shall first be presented to the Commissioner of Transportation for his written comments and recommendations. Where any preliminary plat includes land abutting upon an existing or established county or county state aid highway, it shall first be submitted to the County Engineer for his written comments and recommendations. Preliminary plats involving both a trunk highway and a highway under County jurisdiction shall be submitted to the Commissioner of Transportation and the County Highway Engineer. Plats shall be submitted for review at least 30 days prior to the City taking final action on the preliminary plat. The Commissioner of Transportation and/or the County Highway Engineer shall submit the written comments and recommendations to the city, town, or county within 30 days after receipt by them of such a plat. Final action on such plat by the city, town, or county shall not be taken until after these required comments and recommendations have been received or until the 30 day period has elapsed. A legible preliminary drawing or print of a proposed preliminary plat shall be acceptable for purposes of review by the County Highway Engineer. To such drawing or print

Section 315:08, Subd 2. c.

there shall be attached a written statement describing; (1) the outlet for and means of disposal of surface waters from the proposed platted area, (2) the land use designation or zoning category of the proposed platted area, (3) the locations of ingress and egress to the proposed platted area, and (4) a preliminary site plan for the proposed platted area, if one has been prepared. A certificate or other evidence provided by the City shall be required to be upon the plat for filing in the office of the county recorder or registrar of titles as to the submission of or the obtaining of such written comments and recommendations.

c. The Preliminary Plat shall be considered to be officially filed when the City Planner has received and examined such plat and has certified that all required materials have been submitted to his satisfaction.

d. On the same date that the City Planner places the preliminary plat on file, he/she shall:

(1) Set a date for a public hearing on the preliminary plat. The Planning Commission shall cause notice of said hearing to be published once in the official city newspaper and sent by mail to all property owners of record within 100 ft. of the proposed subdivision boundaries at least ten (10) days prior to the hearing.

(2) Refer one copy of the preliminary plat to the Owatonna Public Utilities for examination and report and one copy to the City Engineer for examination and report. Copies of the report of the City Engineer and Owatonna Public Utilities shall be given to the Planning Commission prior to the public hearing.

e. The Planning Commission shall hold public hearing on the request and submit its recommendations to the City Council within 60 days of the date plat was filed with the City Planner except in cases where the applicant requests additional time to adjust or correct the plat.

f. The Council shall act on the preliminary plat within 60 days of the date on which it was received from the Planning Commission unless an extension of the review time is agreed to by the applicant.

g. If the preliminary plat is not approved by the 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 subdivision.

Subd. 3. Procedures for final plat.

a. The owner or subdivider shall file six (6) copies of the final plat with the City Planner no later than twelve (12) months after the date of approval of the preliminary plat by the Council, otherwise, the preliminary plat and final plat will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the Council. The owner or subdivider shall also submit at this time an up-to-date certified abstract of title or Torrens Certificate of Title and such other evidence as the City Attorney may require showing title or control in the application.

Section 315:08, Subd. 3. b.

b. The final plat will have incorporated all changes or modifications approved in the preliminary plat; in all other respects it shall conform to the preliminary plat. It may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time, provided that such portion conforms with all the requirements of this ordinance.

c. If the subdivider intends to petition the City for construction of improvements as provided for in Section 315:22, Subdivision 2, the subdivider may be required to enter into agreement with the City, as provided for in the above mentioned section, before City Council approval of the final plat will be given.

d. The final plat shall be considered officially filed after the City Planner has examined it and certified that all requirements have been met. He/she shall set a time at which the Planning Commission shall review the final plat.

e. On the same date that the City Planner places the final plat on file, he/she shall refer two copies of the final plat to the City Engineer, Owatonna Public Utilities, telephone company, and Office of the Steele County Surveyor. A copy of the final plat along with the abstract of title or Torrens certificate of title shall be referred to the City Attorney for his examination and report. The Attorney's report shall be given to the City Council within fifteen (15) days of receipt by the City Attorney.

f. The Planning Commission shall review the final plat and submit its recommendation to the City Council. No public hearing is required for the review of a final plat. The City council shall certify approval of the plat within sixty (60) days of the time of the filing of the final plat with the City Planner if the plat complies with all applicable regulations and conditions of approval. Final approval may be conditional and may be granted or denied for parts of the subdivision application.

g. If the final plat is approved by the Council, the subdivider shall record it with the County Recorder within sixty (60) days after the date of approval; otherwise, the approval of the final plat shall be considered void, unless due to extenuating circumstances, the City Council grants an extension.

h. The subdivider shall, immediately upon recording, furnish the City Clerk with a reproducible copy of the final plat showing evidence of the recording.

i. The subdivider shall furnish the following specified types of copies of the final plat to the persons listed below.

(1) Steele County Recorder: As required by Minnesota Statutes 1976 Section 505.08 as amended. (2) Steele County Auditor: As required by Minnesota Statutes 1976 Section 505.08 as amended.

Section 315:08, Subd. 3. i. (3)

(3) County Assessor: One (1) copy on paper. (4) Steele County Surveyor: One (1) copy on paper. (5) City Engineer: One (1) reproducible copy. (6) General Manager of Owatonna Public Utilities: Two (2) copies on paper. (7) Northwestern Bell: One (1) copy (as required).

Section 315:10. Necessary Data for Preliminary Plat.

Subd. 1. Required Information, Preliminary Plat. The preliminary plat of the proposed subdivision shall contain or have attached thereto the information required in section 315:10 which follows:

Subd. 2. Necessary Maps for Preliminary Plat. The preliminary plat shall be clearly and legibly drawn. The map shall not be less than 12 inches by 18 inches. All subdivision maps shall be drawn at a scale not smaller than a scale of 1 inch equals 100 feet, unless otherwise specified by the City Planner.

Subd. 3. Identification and Description, Required.

a. Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation of the name of any plat theretofore recorded in the County.

b. Legal description of property to be platted and a survey prepared by a surveyor registered in the State of Minnesota.

c. Names; and addresses of the property owners, subdivider, surveyor and designer of the plan.

d. North point.

e. Date of preparation.

Subd. 4. Existing Conditions, Required.

a. Boundary Line of proposed subdivision, clearly indicated.

b. Existing zoning classification.

c. Total approximate acreage.

d. Location, widths, and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any, railroad and utility right-of-ways, parks and other public open spaces, permanent buildings and structures, public and private easements, existing and proposed, and section and corporate lines within the tract and to a distance of one hundred feet beyond the tract.

Section 315:10, Subd. 4. e.

e. Location and size of existing sewers, water mains, culverts and other underground facilities within the tract and to a distance of one hundred feet beyond the tract. Such data as grades, invert elevations and locations of catch basins, manholes and hydrants shall be shown only on request.

f. Boundary lines of adjoining unsubdivided or subdivided land, within one hundred feet, identifying by name and ownership.

g. Topographic data may be required out to 300 feet beyond the boundaries of the proposed plat including contours at vertical intervals of not more than two feet. Where the horizontal contour interval is 100 feet or more, a one foot vertical interval shall be shown. Water courses, wetlands, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown.

h. Location of floodway and floodfringe when applicable.

Subd. 5. Subdivision Design Features, Required.

a. Layout of proposed streets, showing right-of-way widths and proposed names of streets. The name of any street heretofore used in the City or its environs shall not be used, unless the proposed street is an extension of an already names street, in which event the name shall be used.

b. Locations and widths of proposed alleys, pedestrian ways, and utility easements.

c. Layout, numbers, and preliminary dimensions of lots and blocks.

d. Areas, other than streets, alleys, pedestrian ways and utility easements intended to be dedicated or preserved for public use as provided by MN Statutes 462.358, Subd. 2) b), including the size of such area or areas in acres.

e. Any other design features that may be required, by the City Planner, such as future street and lot layouts of adjoining properties, proposed drainage, and utility service.

Section 315:12. Qualifications Governing Approval of Preliminary Plat.

Subd. 1. The Planning Commission may return a conditional report to the Council. The Council may require such changes or revisions as it deems necessary for the health, safety, general welfare and convenience of the City.

Subd. 2. The approval of a preliminary plat by the Planning Commission and Council is tentative only, involving merely the general acceptability of the layout as submitted.

Section 315:12, Subd. 3.

Subd. 3. Subsequent approval by the City Engineer and Owatonna Public Utilities of utility and storm sewer easements and of the engineering proposals required by this ordinance pertaining to water supply, storm drainage, sewage disposal, sidewalks, gas and electric service, street gradients and roadway widths and surfacing of streets shall be necessary prior to the approval of the final plat by the City.

Subd. 4. No plat will be approved for a subdivision which covers an area subject to periodic flooding or which contains extremely poor drainage facilities which would make adequate drainage of the streets and lots impossible, unless the subdivider agrees to make improvements which will, in the opinion of the City Engineer, make the area completely safe for occupancy, and provide adequate street and lot drainage.

Subd. 5. All plats containing lots that cannot be served by City sanitary sewer and where the intention is to utilize on-site sanitary sewer systems shall require approval by the Steele County Sanitarian, and may be subject to possible use restrictions regulated through covenants and deed restrictions.

Section 315:14. Necessary Data for Final Plat.

The final plat shall be prepared by a land surveyor who is registered in the State of Minnesota and shall conform to all State and County requirements and the requirements of Section 315:10, Subd. 3, Subd. 4 (a), Subd. 5 (a), (b), (c), and Section 315:16.

Subd. 1. The final plat must be accompanied by the following:

a. Any covenants or deed restrictions as required by the City.

b. Approval from the Owatonna Public Utilities indicating the Utilities' ability to service the plat and the adequacy of utility easements provided.

c. A written report from the City Attorney confirming accuracy of title abstract or Certificate of Torrens.

Section 315:16. Information to be Shown on Final Plat.

Subd. 1. Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets, alleys, easements, areas reserved for public use and other important features. Dimensions of lot lines shall be shown in feet and hundredths of a foot.

Subd. 2. An identification system for all lots and blocks.

Subd. 3. Angles or bearings and distances to the nearest established official monuments (not less than three) which shall be accurately described in the plat.

Subd. 4. Municipal, township, county, or section lines accurately tied to the lines of the subdivision by distances and angles.

Section 315:16, Subd. 5.

Subd. 5. Radii, internal angles, points and curvatures, tangent bearings and lengths of all arcs.

Subd. 6. Accurate location of all monuments.

Subd. 7. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision with the purposes indicated therein.

Subd. 8. Certification by a registered surveyor in the form required by Section 505.03, Minnesota Statutes.

Subd. 9. Execution by all owners of any interest in the land and any holders of a mortgage thereon of the certificate required by Section 505.03, Minnesota Statutes, and which certificate shall include a dedication of the utility easements and any other public areas in such form as shall be approved by the City Attorney.

Subd. 10. Certifications showing that all taxes currently due on the property to be subdivided have been paid in full.

Subd. 11. Form of approval of City Council as follows:

I hereby certify that the adjoining plat of ________________ Addition, City of Owatonna, Minnesota, was duly approved by the City Council of the City of Owatonna on this ____ day of ______________, 19____.

______________________________ City Clerk-Treasurer City of Owatonna, Minnesota

Subd. 12. Form for approval by County authorities as required by Law.

Checked and approved this ____ day of _________________, 19____.

______________________________ County Surveyor, Steele County, Minnesota

I hereby certify that all the taxes payable in the ______ on the land described herein are paid.

______________________________ County Auditor, Steele County, Minnesota

Filed in the office of the Registrar of Deeds this ____ day of _________ 19____, at ____ o'clock ____. M. in Book ______ of Plats, Page ____, as instrument number _____________.

______________________________ County Recorder, Steele County, Minnesota Section 315:18

Section 315:18. Minimum Subdivision Design Standards.

Subd. 1. Conformity with the Comprehensive Plan. The proposed subdivision shall take into consideration the Comprehensive Plan.

Subd. 2. Street Plan.

a. The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive Plan and to these regulations, and shall be considered in their relation to the existing and planned streets, to reasonable circulation of traffic, to topographical conditions, to run-off of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

b. Continuation of Existing Streets. The arrangement of streets in new subdivisions shall make provisions for the appropriate continuation of the existing streets in adjoining areas.

c. Future Projection of Streets. Where adjoining areas are not subdivided, but may be subdivided, the arrangement of streets in a new subdivision shall make provisions for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations.

Subd. 3. Streets, Minimum Standards.

a. Street Widths. All right-of-way and pavement widths (face to face of curb) shall conform to the following minimum dimensions;

Street Pavement Classification Right-of-Way Width

Arterials As determined by City Council or State requirements where applicable, but in no case shall the minimum right-of-way be less than 66'. Minor Arterials 66' minimum 42 ft. Collector Streets 66' 40 ft. Local Streets and cul-de-sacs 60' 36 ft. Marginal access street 50' variable

b. Street Deflections. When connecting street lines deflect from each other at any one point by more than ten degrees, they shall be connected by a curve with a radius of not less than 100 feet.

Section 315:18, Subd. 3. c.

c. Street Grades. All center line gradients shall be at least .5 percent and shall not exceed the following without approval of the City Engineer:

Maximum Gradient Classification (Percent)*

Arterials, and Collector Streets 4

Local Streets and Marginal Access Streets 6

* To assure a safe and reasonable sight distance at intersections, a lesser maximum grade may be required.

d. Street Jogs. Street jogs shall have a center line off-set of 150 feet or more when applied to minor streets, cul-de-sacs, or marginal access streets. In all other cases they shall be avoided.

e. Cul-de-sacs. Maximum length of cul-de-sac streets shall be 500 feet measured along the center line from the intersection of origin to end of right-of-way, and minimum diameter of turn around shall be 120 feet. Lot lines abutting cul-de-sac turn arounds shall be radial except in extreme cases where special permission may be granted otherwise.

f. Marginal Access Streets. Where a subdivision abuts or contains an existing or planned major arterial or a railroad right-of-way, the Council may require a street approximately parallel to and on each side of such right-of-way for adequate protection or residential properties and to afford separation of through and local traffic. Such marginal access streets shall be located at a distance from the major thoroughfare or railroad right-of-way suitable for the appropriate use of the intervening land, as for park purposes in residential districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

g. Half Streets. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and except where the Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever there is a half street adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.

h. Street Surfaces. All streets shall be surfaced as required by the City Engineering Department before acceptance into the system of street maintenance. Unless permitted by the City Engineer, no street shall have bituminous surface unless curb and gutter is constructed.

i. Reserve Strips, Street Access. Reserve strips controlling access to streets shall be prohibited unless approved by the City Engineer.

j. Private Streets. Private streets shall not be approved nor shall public improvements be approved for any private streets, unless approved as part of a planned unit development.

Section 315:18, Subd. 3. k.

k. Hardship to owners of adjoining property avoided on streets. The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it.

l. Alleys, Minimum Standards.

(1) Locational Requirements, Alleys. The City may require that either a public or private alley shall be provided in a block where commercially zoned property abuts an arterial street. Alleys in residential areas other than those zoned for multiple family use shall not be permitted.

(2) Alley Widths. All alley rights-of-way and pavement widths shall conform to the following minimum standards.

Classification Right-of-Way Pavement

Industrial or Commercial 24 feet 20 feet Residential (two-way) 20 feet 16 feet

(3) Alley Grades. All centerline gradients shall be at least .5 percent and shall not exceed eight percent unless approved by the City Engineer.

(4) Alley Surface. All alleys shall be surfaced as required by the City Engineer before acceptance into the system of street maintenance.

m. Intersections, Requirements.

(1) Angle of Intersections. Street intersections shall be as nearly at right angles as possible and shall not be less than 75 degrees unless approved with good reason by the City Engineer.

(2) Size of Intersection. Intersections of more than four corners shall be prohibited.

n. Corner Radii. Roadways of street intersections at the curb shall be rounded by a radius of not less than 20 feet. Roadways of alley-street intersections shall be rounded by a radius of not less than 10 feet. Corners at the entrance to the turn-around portions of cul-de-sacs shall be rounded by a radius of not less than 15 feet.

Subd. 4. Curb and Gutter. Concrete curb and gutter may be included as a part of the required street surface improvement and shall thus be designed for installation along both sides of all roadways in accordance with the standards of the City. City shall set all grades and supervise construction.

Subd. 5. Pedestrian Ways. In blocks over 900 feet long, pedestrian crosswalks through blocks, and at least ten feet wide, may be required by the City Council in locations deemed necessary to public safety, convenience and necessity.

Section 315:18, Subd. 6.

Subd. 6. Easements Required.

a. Provided for Utilities. Easements shall be provided as required by Owatonna Public Utilities and the City Engineer.

b. Provided for Drainage. Easements shall be provided along each side of the center line of any water course or drainage channel whether or not shown in the Comprehensive Plan, to a width sufficient to provide proper maintenance and protection and to provide for storm water runoff and installation and maintenance of storm sewers, and they shall be dedicated to the City by appropriate language in the owner's certificate.

Subd. 7. Street Names. Names of new streets shall not duplicate existing or platted street names unless a new street is a continuation of or in alignment with the existing or platted street, in which event it shall bear the same name of the existing or platted street so in alignment. Street names shall conform with the street numerical plan when applicable. Approval of street names shall be at the discretion of the City Council

Subd. 8. Blocks, Requirements.

a. Factors Governing Dimensions. Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lot required in the area by the zoning ordinance and to provide for convenient access, circulation control and safety of street traffic.

b. All subdivision plats submitted shall comply with the requirements of the Owatonna Zoning Ordinance.

c. Length. Block lengths shall not exceed 1,300 feet.

d. Arrangements. A block shall be so designed as to provide two tiers of lots, unless it adjoins a railroad or major thoroughfare where it may have a single tier of lots.

Subd. 9. Lots, Requirements.

a. Location. All lots shall abut by their full frontage on a publicly dedicated street or a street that has received legal status as such, except that lots may front on private drives that are approved as part of a planned unit development.

b. Size. The lot dimensions in subdivision shall not be less than the minimum dimensions required to secure the minimum lot area specified in the City Zoning Ordinance.

c. Corner Lots. Corner lots shall be platted at least 10 feet wider than the minimum requirements specified in the Zoning Ordinance.

d. Butt Lots. Butt lots shall be platted at least five feet wider than the average width of interior lots in the block.

Section 315:18, Subd. 9. e.

e. Side Lot Lines. Side lines of lots shall be substantially at right angles to the street line.

f. Water Courses. Lots abutting upon a water course, drainage way, channel, or stream shall have an additional depth or width, as required, to assure house sites that are not subject to flooding.

g. Natural Features. In the subdividing of any land, due regard shall be shown for all natural features such as tree growth, wetlands, water courses, historic spots or similar conditions which, if preserved, will add attractiveness and stability to the proposed development.

h. Lot Remnants. All remnants of lots below minimum size left over after the subdividing of a larger tract must be added to adjacent lots, or if included on the plat as outlots, a plan shown indicating future use or disposition must be submitted and approved by the City. The City may condition approval of any such outlots upon the creation of covenants, deed restrictions, or other mechanism which will insure that these parcels are used or conveyed as intended. Lot remnants shall not be allowed to remain as unusable parcels.

i. Lots along Arterials. Except in those cases where there are extenuating circumstances, residential lots shall not directly front on arterials. Such lots permitted to front on arterials may be subject to certain restrictions including but not limited to increased front yard building setbacks and turn around areas.

j. Individual lot access should be minimized and provided on intersecting local streets where possible. The number of lots fronting a collector street should be kept to a minimum.

k. Residential lots contiguous to railroad right-of-ways shall be a minimum of 135 feet in depth.

Subd. 10. Public Sites and Open Spaces. Where a proposed park, playground, school site, or other public site a shown on the Comprehensive Plan is embraced in part or in whole by the boundary of a proposed subdivision and such public sites are not dedicated to the City or School District, such site shall be reserved and no action taken towards approval of preliminary or final plat for a period not to exceed 90 days to allow the City Council or School District the opportunity to consider and take action towards acquisition of such site by purchase or other means.

Section 315:20. Required On-Site Improvements.

Prior to the approval of a final plat by the Council, the subdivider shall have agreed, in the manner set forth in Section 315.22, to install or pay for the installation of on-site improvements as set forth in this section. Such improvements shall be made in conformity with the construction plans approved by the City Engineer and be in conformity with all applicable standards and ordinances of the City.

Section 315:20, Subd. 1.

Subd. 1. Monuments. Monuments of a permanent character shall be placed at the corners of all lots created by the subdivision and located as required by Minnesota Statute 505.02. Building permits will not be issued until such monuments are placed.

Subd. 2. Street and Alley Improvements.

a. Grading and Graveling. As required by the City Engineer.

b. Pavement. As required by the City Engineer.

Subd. 3. Curb and Gutter. As required by the City Engineer.

Subd. 4. Sidewalks and Pedestrian Ways. As required by the City Engineer.

Subd. 5. Street Signs. Street signs shall be installed in all new subdivisions by the City.

Subd. 6. Underground Cable Television and Telephone Service. As required by respective companies and applicable City Ordinance.

Subd. 7. Sanitary Sewer. Sanitary sewer shall be constructed where available in all new subdivisions as required by the City Engineer.

a. All plats that cannot be serviced by sanitary sewer shall be subject to the current requirements of the Steele County Sanitary Ordinance. Minimum lot size shall be 44,000 square feet. A larger size lot may be required due to circumstances specific to the site. This lot size shall be exclusive of all public right-of-ways. Such plats shall be reviewed by the Steele County Planning and Zoning staff to insure compliance with applicable County sanitary ordinances.

b. The owners of property served by private sewage disposal facilities shall operate and maintain the sewage facilities in a sanitary manner at all time, at no expense to the City.

c. At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer within six (6) months, unless other arrangements have been made with the City or an agreement with the City exists that provides for an alternate hookup schedule. Septic tanks and similar private sewage disposal facilities shall at that time be abandoned in compliance with the Steele County Sanitary Ordinance.

Subd. 8. Storm Sewer and Sump Pump Line Drainage. As required by City Engineer.

Subd. 9. Water, Gas, and Electric Service. Plans for water, gas, and electric power facilities shall be discussed with the Owatonna Public Utilities. Owatonna Public Utilities shall indicate its approval of the plat before the City Council will issue a final plat approval. Financing arrangements, sizing, and location will be determined by the Owatonna Public Utilities.

Section 315:22

Section 315:22. Financing and Construction of Improvements.

Subd. 1. Payment of Installation of Improvements. The costs of the required improvements, which are listed and described in Section 315:20, are to be furnished and installed at the sole expense of the subdivider and at no expense to the City unless otherwise stated. In the case of an improvement, the cost of which would by general policy of the Council, be assessed only in part to the improved property and the remaining cost paid out of general tax, the Council may make provision for payment of a portion of the cost by the subdivider and the remaining portion of the cost by the City, and provided further, that if any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, the Council may make provision for causing a portion of the cost of the improvement, representing the benefit to such lands, to be assessed against the same and in such case the subdivider will be required only to pay for such portion of the whole cost of said improvement as will represent the benefit to the property within the subdivision.

Subd. 2. City Construction. In lieu of the subdivider installing improvements required under Section 315:20, the subdivider may enter into agreement with the City to do such construction work. Such agreement shall include a request that the benefitted properties be assessed for the cost of such improvements as provided for in State Statutes and assessment policies established by the City. Such assessments shall include fees for engineering and design of the improvements, inspections, and when applicable, financing expenses. Petition for improvements shall be presented to the City in a fashion and timetable as prescribed by the City Engineer. The subdivider shall be required to remit to the City payment in an amount equal to 20% of the total assessments levied against the property being improved. Such payment shall be made in a fashion and time frame prescribed by the City and shall be applied to the assessable costs of the development. This option shall apply to streets, alleys, curb and gutter, water lines, storm sewer and sump pump lines, and sanitary sewer facilities.

Subd. 3. Required Agreement Providing for Proper Installation of Improvements. Prior to installation of any required improvements done by subdivider or his contractor, the subdivider or his contractor shall enter into an agreement with the City requiring the subdivider to furnish and construct said improvements at his sole cost and in accordance with plans and specifications and usual contract conditions all approved by the City Engineer. This agreement shall include provisions for the engineering and design of the improvements by the city Engineer, supervision and inspection of details of construction by the City Engineer, and payment for these services at a rate to be determined by the City Council from time to time. The agreement shall grant to the City Engineer authority to correlate the work to be done under said agreement by any subcontractors authorized to proceed thereunder and with any other work being done or contracted by the City in the vicinity. The agreement may require the subdivider to make an escrow deposit or in lieu thereof, to furnish a performance bond, the amount of the deposit and the penal amount of the bond to be equal to the City Engineer's estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection and design work by the City. On request of the subdivider the contract may provide for completion

Section 315:22, Subd. 3. a.

of part or all the improvements covered thereby prior to acceptance of the plat, and in such event the amount of the deposit or bond shall be reduced in a sum equal to the estimated cost of the improvements to be furnished after the acceptance of the plat only. The time for completion of the work and the several parts thereof shall be determined by the City engineer after consultation with the subdivider and shall be reasonable in relation to the work to be done, the seasons of the year, the proper correlation with construction activities in the subdivision. The provisions of this section shall be waived or amended as deemed appropriate by the City Engineer on those improvements which the City has agreed to install under the provisions of Section 315:22, Subd. 2.

a. Financial Guarantee. The agreement provided by Subd. 3 above may require the subdivider to make an escrow or in lieu thereof furnish performance bond as set forth in the subdivisions which follow.

b. Escrow Deposit (if required). An escrow deposit shall be made with the City Clerk in a sum equal to the total cost as estimated by the City Engineer, including cost of inspection and design work by the City, of all of the improvements to be furnished and installed by the subdivider pursuant to the contract and which have not been completed prior to approval of the final plat. The City shall be entitled to reimburse itself out of said deposit for any cost and expense incurred by the City for completion of the work in case of default of the subdivider under this contract, and for any damages sustained by the City on account of any breach thereof. Upon completion of the work and termination of any liability to the City of the subdivider under this contract, the balance remaining in said deposit shall be refunded to the subdivider.

c. Performance Bond (if required). In lieu of making the escrow deposit above described, the subdivider may furnish the City with a public contractor's performance bond in form prescribed by statute, with corporate surety, in a penal sum equal to the total cost as estimated by the City Engineer, including cost of inspection and design work by the City, of all of the improvements to be furnished and installed by the subdivider pursuant to the contract and which have not been completed prior to approval of the final plat. The bond shall be approved by the City Attorney and filed with the City Clerk-Treasurer.

Subd. 4. Engineering and Design of Improvements. Engineering and design of streets, alleys, curb and gutter, water lines, storm sewer, sump pump lines, and sanitary sewer facilities and the preparation of construction plans for these improvements shall be the responsibility of the City Engineer or his/her designee. These services shall be provided at the subdivider's expense at a rate to be determined by the City Council from time to tie with payment to be made as part of the assessed costs of improvements or as provided for in the agreement, whichever is applicable.

Subd. 5. Inspection. All required improvements on the site that are to be installed under the provisions of this Ordinance shall be inspected during the course of construction by the City Engineer at the subdivider's expense, and acceptance shall be subject to the City Engineer's certificate of compliance with the agreement.

Section 315:22, Subd. 6.

Subd. 6. Improvements Completed Prior to Approval of Final Plat. Improvements within a subdivision which have been completed prior to application for approval of the final plat or execution of the agreement for installation of the required improvements shall be accepted as equivalent improvements in compliance with the requirements of Sections 315:20 only if the City Engineer shall certify that he is satisfied that the existing improvements conform to applicable City standards.

Section 315:24. Modifications, Exceptions and Variances.

Subd. 1. Minor Subdivisions. In the case of a subdivision of small size and of minor importance, situated in a locality where conditions are well-defined, the Planning Commission may exempt the subdivider from complying with some of the requirements set forth in Section 315:10 pertaining to the preparation of the Preliminary Plat.

Subd. 2. Planned Unit Development. The Planning Commission may exempt the subdivider from complying with some of the requirements of General Procedures of the Preliminary Plat, Section 315:08 and Necessary Data for Preliminary Plat, Section 315:10 when the subdivider is developing the property as a Planned Unit Development under Owatonna Zoning Ordinance 827, Section V: M.

Subd. 3. Variance. The City Council may grant a variance upon receiving a report from the Planning Commission in any particular case where the subdivider can show that by reason of exceptional topography or other existing physical conditions the strict compliance with these regulations could cause an exceptional and undue hardship on the enjoyment of a substantial property right provided such relief may be granted without detriment to the public welfare and without impairing the intent and purpose of the regulation. Unusual hardship includes, but is not limited to adequate access to direct sunlight for solar energy systems.

a. Application Required. Application for any such variance shall be made in writing by the subdivider at the time when the Preliminary Plat is filed for consideration by the Planning Commission, stating fully all facts relied upon by the petitioner, and shall be supplemented with maps, plans, or other additional data which may aid the Planning Commission and Council in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.

b. Any variances from the subdivision ordinance shall be noted in the notice of public hearing for the subdivision.

c. Any variance or modification thus granted shall be entered in the minutes of the Council setting forth the reasons which justified the action.

Section 315:26. Validity.

If any section, subsection, sentence clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

City Code Index