This chapter shall be known and may be cited as the "Subdivision
Ordinance for the Town of Eureka, Dakota County, Minnesota" and its
provisions shall apply to all lands to be subdivided within the Township
limits as they exist on the date the Town adopts this chapter, or
within the limits as they may be extended in the future. Hereafter,
this chapter shall be referred to as the "Subdivision Ordinance."
Any person platting, replatting or dividing property for the
purposes of transfer of title or separate description shall do so
under the provisions of this chapter. This chapter sets forth the
minimum requirements deemed necessary to insure and protect the health,
safety and welfare of the public. More specifically, the provisions
of this chapter are designed to:
A. Assure that, to the maximum extent possible, all lands will be developed
for the best possible use with adequate protection against deterioration
and obsolescence.
B. Assure that effective protection is given to the natural resources
of the community, especially groundwater and surface waters.
C. Encourage well-planned subdivisions through the establishment of
adequate design and road design standards.
D. Discourage inferior developments that might adversely affect the
local tax base.
E. Create neighborhoods which will be of lasting credit to the community.
F. Facilitate adequate provisions for roads, road connectivity, transportation
and other public facilities.
G. Secure the rights of the public with respect to public lands and
waters.
H. Improve land records by the establishment of standards for surveys
and plats.
I. Safeguard the interests of the public, the homeowner, the subdivider
and units of local government.
J. Provide a common ground for understanding between developers and
local units of government.
K. Assure the availability of utilities adjacent to planned development.
L. Prevent, where possible, excessive governmental and maintenance costs.
This chapter is enacted pursuant to Minn. Stat. § 462.358.
Through this chapter the Town will exercise all the authority granted
by that statute and incorporates it by reference. This chapter shall
be administered by the Town Board in cooperation with the Planning
Commission.
All actions of the Town Board and Planning Commission in carrying
out their respective duties pertaining to this chapter shall require
the vote of a majority of the members of the entire Board and Commission.
For the purpose of meeting the statutory timelines, the date
on which the applicant has submitted a complete application containing
all information requirements of this chapter, has properly executed
all required application forms and a fee responsibility agreement,
and any additional requests of the Zoning Administrator, in addition
to all appropriate fees having been paid, shall constitute the official
submission date of the subdivision application on which the statutory
period required for formal approval, conditional approval, or disapproval
shall commence to run.
The definitions in this chapter are for this chapter only.
ALLEY
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is on some other street.
APPLICANT
The owner of land proposed to be subdivided or its representative
who shall have express written authority to act on behalf of the owner
and has executed an application form and professional fee responsibility
agreement with the Town. Consent shall be required from all legal
owners of the premises.
BLOCK
Any combination of land ownership bounded by streets, roads
or highways or a combination thereof or by a combination of streets,
roads or highways and public parks, cemeteries, railroad rights-of-way,
stream, lakes or similar man-made or natural physical barriers.
COVENANTS
Protective or restrictive covenants are contracts made between
private parties and constitute an agreement between these parties
as to the manner in which land may be used, with a view to protecting
and reserving the physical, social and economic integrity of any given
area.
CUL-DE-SAC (COURT)
A street with a single means of ingress and egress and having
a turnaround. Design of turnaround may vary. Cul-de-sacs shall be
classified and designed according to anticipated daily traffic levels.
DEVELOPER
The owner of land proposed to be subdivided or its representative
who is responsible for any undertaking that requires review and/or
approval under these regulations.
DEVELOPMENT AGREEMENT
Agreement between the Town Board and developer through which
the Town Board may agree to vest development use or intensity or refrain
from interfering with subsequent phases of development through new
legislation, in exchange for agreement to construct any and all improvements
to existing Town standards, or a higher standard in some cases, abide
by all conditions of the Town Board, perform all required tasks within
the established time frame, warranty all improvements, and provide
security in an amount acceptable to the Town to ensure performance
of the agreement and all warranties. Said agreement shall be recorded
immediately after the recording of the final plat.
EASEMENT
A grant by the property owner of the use of a designated
portion of land by the public, individuals, groups or corporations
for specific purposes.
ESCROW
A deposit of cash with the local government or escrow agent
to secure the promise to perform some act.
FINAL PLAT
All required maps, information and documents as set forth
in the subdivision regulations and as required by the Town Board.
LETTER OF CREDIT
A letter issued by a bank on behalf of the developer for
the benefit of Eureka Township to serve as a guarantee for payments
and/or for improvements specified in a development agreement.
LOT
A parcel of land capable of legal description.
LOT OF RECORD
Any lot which is one unit of a duly approved plat one unit
of an auditor's subdivision or a registered land survey, or is
separately described in a deed, contract for deed, or other legally
sufficient instrument of conveyance that has been recorded in the
Office of the County Recorder/Registrar of Titles for Dakota County,
Minnesota prior to the effective date of this chapter.
LOT SPLIT
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 interest does not necessitate the creation of streets, roads, or alleys, for residential, commercial, industrial, or the use of any combination thereof, and not in conflict with any provision or portion of Chapter
240, Zoning, or the regulations contained in this chapter, excluding:
A.
Separations where all the resulting parcels, tracts, lots, or
interests will be 20 acres or larger in size and have either direct
access to a public road or in the alternative have an access easement
from each lot to a public road at least 33 feet in width; and
B.
Excluding any transaction described in Minn. Stat. § 462.358,
Subdivision 4b(b) or other limitations on the Town's authority
made in subsequent amendments; and
C.
Separations resulting from court orders.
LOT SPLIT, EXEMPT
The following lot splits shall be exempt from the provisions
of this chapter, and the Zoning Administrator is authorized to execute
any necessary documents required by the County Auditor or Recorder
to record such exempt lot splits:
A.
Where all the resulting parcels, tracts, lots, or interests
will be 20 acres or larger in size and have either (1) direct access
to a public road; (2) in the alternative have an access easement from
each lot to a public road at least 33 feet in width; or
B.
Creating cemetery lots; or
C.
Resulting from court orders, of the adjust of a lot line by
the relocation of a common boundary.
METES AND BOUNDS DESCRIPTION
A description of real property which is not described by
reference to a lot or block shown on a map but is described by starting
at a known point and describing the bearings and distances of the
lines forming the boundaries of the property or delineating a fractional
portion of a section, lot or area by described lines or portions thereof.
MONUMENT
Concrete and/or metal markers utilized to establish survey
points and lot boundaries.
OPEN SPACE
An area of land preserved from building development and reserved
for the use of general public or a homeowner's association for
the purpose of active and passive recreation and certain necessary
community facilities.
OUTLOT
A lot remnant or parcel of land left over after platting,
which is intended as open space or other future use, for which no
building permit may be issued.
OWNER
An individual, association, syndicate, partnership, corporation,
trust or any other legal entity holding an equitable, or legal ownership
interest in the land sought to be subdivided.
PARKS
Area of public land developed and maintained primarily as
pleasurable landscaped areas providing for both active and passive
recreational pursuits, including tot lots, playgrounds, neighborhood
parks, play fields and special purpose areas.
PERSON
Except when otherwise indicated by the context, the word
person shall include the plural, or a company, firm, corporation or
partnership.
PLANNING COMMISSION
The Planning Commission shall be the Planning Commission
of the Town, appointed by the Town Board and established under Minn.
Stat. § 462.354, Subdivision 1.
PRELIMINARY PLAT
All required maps, information and documents as set forth in Chapter
216, Subdivision of Land, and as required by the Town Board.
REVIEWING AGENCIES
Reviewing agencies may include, but are not limited to, the
Town Engineer, the Town Planner, the Town Attorney, school board,
utility companies, park board, county surveyor, and Minnesota Department
of Natural Resources and any other government agency.
SKETCH PLAN
A map showing property boundaries with a proposed street
layout and desirable lot layouts and any other information required
in this chapter.
STREETS AND ALLEYS
A.
Right-of-way (ROW): The entire area lying between the boundaries
establishing the dedicated width.
B.
Roadway: That portion of a street or alley surfaced for vehicular
travel.
C.
Highways: Routes carrying large volumes of relatively fast-moving
traffic and are designated as either county, county state aid, federal
or state highways.
D.
Major streets: Arterials carrying large volumes of local traffic
between widely separated areas of the community.
E.
Collector streets: Streets, which carry traffic from local streets
to major streets and highways, including the principal entrance streets
of a residential subdivision and streets used for circulation within
such developments.
F.
Local streets: Streets, which are used principally for access
to abutting properties, especially residential properties.
G.
Service access streets: Traffic ways which are adjacent and
parallel to highways or major streets and provide access to abutting
properties.
H.
Alleys: Minor trafficways not intended for general traffic circulation,
affording a secondary means of access to abutting properties.
SUBDIVIDE
The act or process of creating a subdivision.
SUBDIVIDER
Any person who:
A.
Having an interest in land causes it directly or indirectly,
to be divided into a subdivision, or, who
B.
Directly or indirectly, sells, leases, or develops, or offers
to sell, lease, or develop, or advertises to sell, lease, or develop,
any interest, lot, parcel site, unit, or plat in a subdivision, or,
who
C.
Engages directly or through an agent in the business of selling,
leasing, developing, or offering for sale, lease, or development a
subdivision or any interest, lot, parcel site, unit, or plat in a
subdivision, and who
D.
Is directly or indirectly controlled by, or under direct or
indirect common control with any of the foregoing.
SUBDIVISION, PLATTED
The separation of an area, parcel, or tract of land into two or more parcels, tracts, or lots, which necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or the use of any combination thereof, and not in conflict with any provision or portion of Chapter
240, Zoning, or the regulations contained in this chapter.
SURVEYOR
A land surveyor registered under Minnesota State laws.
VARIANCE
Any departure from the requirements of these regulations that is granted by the appropriate governmental agency under the provisions set forth in §
240-33, Variances.
ZONING ADMINISTRATOR
The person designated by the Town of Eureka and who is hereby
established as the Administrative Officer of this chapter.
The lot split/combination procedure under this section is an
abbreviated review process however; all standards and requirements
contained in this code shall apply to the proposed lot split/combination.
Even when a lot split is exempt from Township approval under Minn.
Stat. § 462.352 in addition to the other exclusions contained
in the lot split definition, the owner must still specify to the Town
Clerk a final location assignment of any existing CUP, NCU, IUP, or
housing right as the split does not multiple those rights.
A. Application. The provisions of this section shall apply only to those
subdivisions/combinations where the intent is to:
(2) Divide an existing lot of record (platted or metes and bounds) into
new lots that will not require the creation of a new road right-of-way;
or
(3) Combine lots of record (platted or metes and bounds) that will not
require the creation of a new road right-of-way.
B. Filing and review of application. Whenever any lot split/combination
of land is proposed under this section, before any contract is made
for the sale of any part thereof, and before any permit for the erection
of a structure on such proposed lot split/combination shall be granted,
the subdividing/combining owner or his/her authorized agent, shall
file an application and secure approval of the proposed lot split/combination.
The lot split/combination application shall be considered to be officially
filed when the Zoning Administrator has received the application and
has determined that the application is complete, and all application
fees have been paid.
(1) Lot split/combination of land abutting upon any existing or proposed
trunk highway, county road or highway or county state-aid highway
shall be subject to review of the Minnesota Department of Transportation
and/or the Dakota County Highway Department. Written notice and a
copy of the proposed lot split/combination shall be filed with the
Minnesota Department of Transportation and/or Dakota County Highway
Department for review and comment 30 days' prior to formal action
to approve the application. Final action on a lot split/combination
shall not be taken until the minimum thirty-day review period has
elapsed.
C. Qualification. The following may be considered a lot split/combination.
In the event circumstances warrant platting of the proposed lot split/combination,
the Zoning Administrator may require the proposed lot split/combination
to be processed as a platted subdivision in accordance with this chapter.
The Town Board may authorize approval of the lot split/combination
upon finding:
(1) The property to be subdivided is a lot of record in the office of
the Dakota County Recorder; and
(2) All newly created lots must meet the minimum standards of the Zoning
District in which they are located; and
(3) The lot split/combination will not cause any structure on the land to be in violation of Chapter
240, Zoning; and
(4) The lot split/combination lots will not require the creation of a
new road right-of-way; and
(5) Any drainage, utility, trail, right-of-way or access easements required
by the Township must be granted.
(6) The lot split/combination application specifies the final location
of any existing nonconforming use permit, conditional use permit,
business-related permit or registration, or housing right.
D. Lot line adjustment.
(1) Lot line adjustment defined:
(a)
A lot line adjustment provides for the alteration of property
lines, where no additional lots are created, and agreement exists
among the parties involved.
(b)
A lot line adjustment can be used to correct survey or description
problems on existing properties.
(c)
A lot line adjustment can be used to meet lot size, setback,
or other state or Township land use requirements.
(d)
A lot line adjustment can be used to lessen or eliminate a nonconformity.
(e)
Lot line adjustments shall be submitted to the Planning Commission
for review and the Town Board for approval.
(f)
Lot line adjustments shall be allowed only when accompanied
by an executed conveyance among the parties involved unless this requirement
is waived by the Town Board.
(g)
The proposed adjustment shall not create any new nonconformity,
nor shall it increase an existing nonconformity.
(h)
Adequate land for treatment and disposal of sewage, when it
exists, shall not be diminished by the adjustment.
(2) Content and data requirements for lot line adjustments:
(a)
The requested lot line adjustment shall be made on a lot line
adjustment application provided by the Town Board to which is attached
a certificate of survey meeting all the requirements of this section,
prepared by a registered land surveyor. Exceptions, stipulated in
writing, may be granted with the approval of the Town Board.
(b)
The lot line adjustment application must specify the final location
of any nonconforming use permit, conditional use permit, business-related
permit or registration, or housing right.
(c)
The lot line adjustment shall conform to all design standards
as stipulated in the Town Code. Any proposed deviation from said standards
requires the processing of a variance request.
(3) All lot line adjustments must be recorded with the county and a receipt
of the recording must be provided to the Town Clerk.
E. Lot line adjustment, lot split/combination Fees. See Chapter
126, Fees.
The Town Board shall establish fees by ordinance as necessary
for the administration of this chapter. The Town Board may periodically
review and revise all or portions of the fee schedule. The acceptance
of all subdivision applications and issuance of permits shall not
occur until a complete application has been filed and the appropriate
fee has been paid. Subdivision applications must be accompanied by
a fee and a noninterest-bearing escrow deposit. The escrow deposit
is required to cover all costs incurred for staff and consultants;
time directly related to processing applications, preparation of studies,
and any other cost incurred with processing of subdivision applications.
A. Responsibility for fees and costs. The owner of the property subject
to the subdivision application shall be responsible for all costs
incurred by the Town in processing said subdivision application. The
property owner shall execute with the application a cost reimbursement
agreement agreeing to reimburse the Town for all expenses incurred
in processing the application including, but not limited to, staff
time, engineers, attorneys and other outside consultants employed
by the Town for review and processing the application.
B. Escrow. When a subdivision application has been submitted, the applicant
shall deposit funds in an escrow account with the Town from time to
time an amount determined by the Zoning Administrator to be necessary
to cover such costs prior to commencement of the review stage of the
application. The applicant shall reimburse the escrow account for
any deficits caused if the amount actually expended or billed to the
Town by the consultants exceeds the fund balance. The Town shall refund
any amount deposited in the escrow account not expended within 30
calendar days after final action on the application. The Town shall
not pay interest on such escrow account deposits.
C. Certification of unpaid costs and expenses. All unpaid expenses incurred
by the Town not covered by the escrow will be charged against said
parcel and will be the responsibility of the property owner pursuant
to Minn. Stat. Chapter 462 and Minn. Stat. § 366.012 and
any other relevant statutes. The property owner shall be invoiced
for the Town's costs to where property tax statements are sent
by the county. The invoice shall be paid within 30 days of the date
of the invoice. Should property owner not reimburse the Town within
said time, the Town shall be authorized to certify said unreimbursed
costs to the county auditor for payment with the property owner's
property taxes and said certified amounts shall constitute a lien
against the property which shall be collected and enforced in the
same manner as general property taxes pursuant to Minn. Stat. § 366.012
or any other relevant statutes. This cost recovery shall be in addition
to any penalty or legal or equitable remedy the Town may seek or receive
for the violation of this chapter and the Town Code.
D. Financial guarantee for a platted subdivision.
(1) Upon approval of a platted subdivision as described in this chapter,
the Town shall be provided with a financial guarantee in the form,
or a letter of credit or cash escrow approved prior to the issuing
of building permits, initiation of work on the proposed improvements
or development, or the execution of a developer's agreement,
whichever occurs first. Said security shall guarantee conformance
and compliance with the conditions of the application approval and
Town Code provisions. The letter of credit or surety must meet the
approval of the Town as to form and issuing bank. The issuing bank
must be an FDIC insured bank located within 100 miles of the Town.
The irrevocable letter of credit shall contain language requiring
its automatic renewal prior to December 31 of each calendar year unless
the Town specifically approves cancellation of the letter of credit
in writing.
(2) Specifically, the letter of credit shall contain language that it
shall automatically renew for successive one-year terms unless, at
least 45 days' prior to the next annual renewal date (which shall
be December 31 of each calendar year), the financial institution issuing
the letter of credit delivers written notice to the party requiring
the security that it intends to modify the terms of, or cancel, this
letter of credit. Written notice shall be considered effective if
delivered to, or sent by certified mail, postage prepaid, and deposited
in the U.S. Mail, at least 45 days' prior to the next annual
renewal date addressed to, the party requiring the letter of credit
as outlined in Notice section of the developer's agreement and
is actually received by the Town at least 30 days' prior to the
renewal date.
(3) The security shall be in the amount equal to 125% of the Town's
estimated cost of labor and materials for the proposed improvements
or development.
(4) The Town shall hold the security until completion of the proposed
improvements or development and a certificate of compliance with the
application conditions and Town Code provisions has been issued by
the Zoning Administrator.
(5) Whenever a performance guarantee is imposed by the Town, the applicant
shall be required to enter into a developer's agreement with
the Town. This agreement is to provide authorization to the Town to
utilize the posted security for the enforcement of Town ordinances
and conditions of approval to mandate the completion of stipulated
work should the applicant fail to meet the terms and conditions of
the developer's agreement. Said developer's agreement shall
hold harmless the Town for completion of the work and address other
matters as may be determined by the Town Attorney.
The applicant for a subdivision may request a variance under the criteria and procedures in §
240-33 of the Town's zoning ordinance. In addition, the applicant may show that the ordinance as applied to the specific properties at issue create an unusual hardship. Unusual hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.
The Planning Commission may, of its own motion or upon petition,
cause to be prepared amendments supplementing or changing the regulations
herein established. All proposed amendments, together with the recommendation
of the Planning Commission, shall be submitted to the Town Board for
adoption in accordance with established procedures.
The Township Zoning Administrator is hereby authorized and directed
to incorporate the amendments made by this chapter into the Eureka
Town Code and such updated version shall constitute the official Eureka
Town Code.
This chapter shall be effective immediately upon its passage
and publication according to law.