[HISTORY: Adopted by the Town Board of the Town of Eureka 12-13-2010 by Ord. No. 2010-05; 2-14-2023 by Ord. No. 2023-01. Subsequent amendments noted where
applicable.]
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.
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.
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.
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.
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.
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.
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.
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.
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.
A deposit of cash with the local government or escrow agent
to secure the promise to perform some act.
All required maps, information and documents as set forth
in the subdivision regulations and as required by the Town Board.
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.
A parcel of land capable of legal description.
The relocation of a common ownership boundary between two
or more lots.
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.
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:
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
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
Separations resulting from court orders.
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:
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
Creating cemetery lots; or
Resulting from court orders, of the adjust of a lot line by
the relocation of a common boundary.
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.
Concrete and/or metal markers utilized to establish survey
points and lot boundaries.
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.
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.
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.
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.
Except when otherwise indicated by the context, the word
person shall include the plural, or a company, firm, corporation or
partnership.
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.
All required maps, information and documents as set forth in Chapter 216, Subdivision of Land, and as required by the Town Board.
A land surveyor properly licensed and registered in the state.
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.
A map showing property boundaries with a proposed street
layout and desirable lot layouts and any other information required
in this chapter.
Right-of-way (ROW): The entire area lying between the boundaries
establishing the dedicated width.
Roadway: That portion of a street or alley surfaced for vehicular
travel.
Highways: Routes carrying large volumes of relatively fast-moving
traffic and are designated as either county, county state aid, federal
or state highways.
Major streets: Arterials carrying large volumes of local traffic
between widely separated areas of the community.
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.
Local streets: Streets, which are used principally for access
to abutting properties, especially residential properties.
Service access streets: Traffic ways which are adjacent and
parallel to highways or major streets and provide access to abutting
properties.
Alleys: Minor trafficways not intended for general traffic circulation,
affording a secondary means of access to abutting properties.
The act or process of creating a subdivision.
Any person who:
Having an interest in land causes it directly or indirectly,
to be divided into a subdivision, or, who
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
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
Is directly or indirectly controlled by, or under direct or
indirect common control with any of the foregoing.
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.
A land surveyor registered under Minnesota State laws.
The Town of Eureka.
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.
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:
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.
A.
Preliminary plat (platted subdivision).
(1)
The application shall:
(a)
Be filed with the Zoning Administrator at least four weeks prior
to the next regularly scheduled meeting of the Planning Commission;
and
(b)
Be made on forms available at the Town offices, submission of
an executed fee responsibility form, and accompanied by a fee, as
established by the Town Board. The Town Treasurer shall deposit any
money received as fees hereunder to the credit of the general fund
of the Town of Eureka. No money shall be refunded to the applicant.
The fee is not intended to cover specialized engineering, legal, planning,
or site analysis reviews. Fees for additional technical services such
as these will become the responsibility of the subdivider; and
(c)
An up-to-date certified abstract of title or registered property
report showing title in the applicant's name, or an option to
buy said property by said applicant as shown on the preliminary plat;
and
(d)
The application shall include the items specified in § 216-11 of this chapter which constitutes a checklist of items to be submitted for subdivision review; and
(e)
Be accompanied by a minimum of 10 copies of the preliminary
plat and one reduced copy of the plat no larger than 11 inches by
17 inches.
(f)
Conforms to the Comprehensive Plan and ordinances of the Township,
as approved by the Town Board.
(2)
The Zoning Administrator shall submit five copies of the preliminary
plat to the Planning Commission, and may, at his or her discretion,
submit one copy to the Town Engineer, one copy to the Town Planner,
and one copy to the Town Attorney, if applicable. The remaining copies
shall be placed in the Town's files.
(3)
The Zoning Administrator may instruct the appropriate staff to prepare
technical reports and provide general assistance in preparing a recommendation
on the action to the Town Board. This may include the Town Planner,
the Town Engineer, Town Building Official, or the Town Attorney, or
others as deemed needed.
(4)
Upon receipt of the completed application as outlined above, the
Planning Commission shall set a public hearing for public review of
the preliminary plat. The hearing shall be held within 45 days of
the official submission date of the application. The applicant and/or
his representative shall appear at the public hearing before the Planning
Commission in order to answer questions concerning the proposal.
(a)
Notice of the public hearing may consist of a legal property
description, shall contain a description of the request, and shall
be advertised in the official newspaper(s) at least 10 days before
the day of the hearing. Property owners within 350 feet of the proposed
subdivision shall also be notified through the mail of the hearing.
Failure of any property owner to receive said notice shall not invalidate
the public hearing.
(5)
Following the public hearing, the Planning Commission shall submit
to the Town Board the plat with its own recommendations, including
any conditions it recommends be placed upon the plat prior to approval.
The Town Board may approve, approve with conditions, or disapprove
said plat by a majority vote of its members regardless of the recommendations
made by the Planning Commission.
(a)
If the Planning Commission has not acted upon the preliminary
plat within 30 days following the close of the public hearing on such
and in compliance with this chapter, the Town Board may act on the
preliminary plat without the Planning Commission's recommendation,
and may approve, approve with conditions, or disapprove said plat
by a majority vote of its members after the required public hearing.
(6)
The Town Board shall take final action within 120 days of the application's
official submission date. The subdivision application shall be preliminarily
approved or denied by the Town Board. If the Town Board fails to approve
or disapprove the preliminary plat in this review period, the application
shall be deemed preliminarily approved, provided it meets the requirements
of this chapter.
(7)
At any time during this process, either the applicant or the Town
may request an extension of the imposed time limits. Both the applicant
and the Town must agree to the time extension and must execute a time
extension form that will become a part of the subdivision file.
(8)
If the Town Board requires changes to the preliminary plat, and if
such changes are determined to be minor in the sole discretion of
the Town Board, then such changes may be noted on the plat and approved
as such.
(9)
If the changes to be made are major in the sole discretion of the
Town Board, then a new preliminary plat must be prepared and resubmitted,
along with the payment of new fees, based upon the procedures and
timelines established in this section.
(10)
Standards for approval of preliminary plats. No preliminary
plats shall be approved unless the applicant proves by clear and convincing
evidence that:
(a)
The application for a preliminary plat is not premature; and
(b)
The uses in the subdivision will be connected to and served
by public utilities for the provision of water supply and sewage collection
and treatment facilities where such facilities are or can reasonably
be made available; and
(c)
The subdivider has the financial ability to complete the proposed
subdivision in accordance with all applicable laws and regulations;
and
(d)
The proposed subdivision will not result in the scattered subdivision
of land that leaves undeveloped parcels of land lacking urban services
between developed parcels; and
(e)
The subdivider has taken every effort to mitigate the impact
of the proposed subdivision on public health, safety, and welfare.
(11)
Requirements governing approval of preliminary plats:
(a)
The Planning Commission may recommend, and the Town Board may
require such changes or revisions as deemed necessary for the health,
safety, general welfare, and convenience of the Town.
(b)
The Town Board may condition its approval of the preliminary
plat on the applicant complying with all reasonable conditions imposed
on the preliminary plat by the Town Board.
(12)
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 chapter to be indicated on the final plat. The
Town Board may impose such conditions and restrictions as it deems
appropriate or require such revisions or modifications in the preliminary
plat or final plat as it deems necessary to protect the health, safety,
comfort, general welfare, and convenience of the Town.
(13)
If the preliminary plat is not approved by the Town Board the
reasons for such action shall be recorded in the proceedings of the
Town Board and shall be transmitted to the applicant.
(14)
Any resubmission of a plat application, which has been denied
by the Town Board, shall be prohibited for one year following denial
unless the Town Board votes to allow the resubmission by a super majority
of four or more Town Board Supervisors.
B.
Final plat (platted subdivision).
(1)
After approval of the preliminary plat, the applicant shall prepare
and submit a final plat to the Town for study and recommendation.
This plat must be submitted within one year from approval of the preliminary
plat, or as specified in an approved development contract. If the
final plat is not submitted within this time period and the applicant
has not requested and received from the Town an extension of time
to file the final plat, the approved preliminary plat shall become
null and void within one year of its approval date.
(2)
In some development proposals the Town may agree to review the preliminary
and final plats simultaneously.
(3)
The procedure for filing the final plat is that which is established
for submission of the preliminary plat under this section, except
as specified below. Ten copies of the final plat shall be provided
to the Town by the applicant, and one reduced copy no larger than
11 inches by 17 inches.
(a)
All final plats shall comply with the provisions of Minnesota
Statutes and the requirements of this chapter. An applicant shall
submit with the final plat a current abstract of title or a registered
property certificate, along with any unrecorded documents and an opinion
of title showing marketable title in the applicant or in the party
with whom the applicant has a purchase agreement or an option agreement
for the land being platted.
(4)
Review of a final plat:
(a)
Upon receipt of a final plat, the Zoning Administrator shall
refer one copy to each to the Town Board Supervisor, appropriate Town
staff, the county surveyor, and to all applicable utility companies,
and one copy with abstract of title or registered property certificates
and opinion title to the Town Attorney.
(b)
The Town Board may refer the final plat to the Planning Commission
for recommendation if they feel the proposed final plat is substantially
different from the approved preliminary plat. The Planning Commission
shall submit a report thereon to the Town Board within 30 days.
(c)
The Town Staff receiving a copy of the final plat may submit
reports through the Zoning Administrator to the Town Board expressing
their recommendation on the final plat.
(d)
The county surveyor shall review the final plat and notify the
subdivider's surveyor or final plat preparer of corrections that
are to be made to the final plat.
(e)
Prior to approval of a final plat, the applicant shall have
executed an agreement with the Town controlling the installation of
all required improvements at the applicant's expense ("developer's
agreement"). Said agreement will require all improvements to comply
with approved engineering standards and applicable regulations and
shall set forth the amount and form of security required by the Town
to insure proper installation and warranty of all improvements.
(5)
The Town Board, after receiving the final plat and any recommendations
from the Planning Commission, shall either approve, approve with attached
conditions, or disapprove the final plat within 60 days of its official
submission date. This action taken by the Town Board is dependent
upon the final plat's conformance with the preliminary plat,
as approved by the Town Board.
(a)
If the final plat is not approved, the reasons for such action
shall be recorded in the official proceedings of the Town and shall
be transmitted to the applicant.
(6)
At any time during this process, either the applicant or the Town
may request an extension of the imposed time limits. Both the applicant
and the Town must agree to the time extension and must execute a time
extension form that will become a part of the subdivision file.
(7)
The final plat, when approved, shall be submitted by the applicant
to the Dakota County Recorder for recording. A developer's agreement
must be recorded simultaneously with the plat or immediately after
the recording of the final plat. The final plat must be recorded within
180 days from the date of approval, or it will become null and void.
If recording is not accomplished according to these procedures, the
Town may require another review of the proposed subdivision according
to these regulations and state law. Prior to recording, the final
plat must be signed by representatives of the Town and the applicant
must post all required security in a Town-approved manner. If a final
plat is submitted for a portion of the area encompassed in the preliminary
plat and it is recorded within 180 days from the date of approval,
the remaining portion of the preliminary plat will remain valid for
two years from the date of approval of preliminary plat. That portion
of a preliminary plat for which a final plat is not submitted and
recorded or for which a time extension form has not been executed
between the applicant and the Town within this two-year period, shall
become null and void.
(8)
Fees for final recording by the county shall be paid by the applicant.
The applicant immediately upon recording shall furnish the Town Clerk
with a reproducible copy of the recorded plat, either chrono flex
or its equivalent and two prints and an electronic version of the
plat in a format the Town requests. Failure to furnish such copies
shall be grounds for a refusal to issue building permits for the lots
within a plat.
(9)
Any resubmission of a plat application which has been denied by the
Town Board shall be prohibited for one year following denial unless
the Town Board votes to allow the resubmission by a super majority
of four or more Town Board Supervisors.
A.
General. The subdivision design standards contained in this chapter are to assure that the style, character and form of new developments will conform to minimum requirements promoting the health, safety and general welfare of the public. To ensure future developments consistent with the growth objectives and goals of the community, subdivisions shall conform to Chapter 240, Zoning, and other applicable ordinances of the Town.
B.
Street design. The street system of a proposed subdivision shall
be designed to facilitate adequate traffic circulation within the
subdivision and from the subdivision to adjacent areas. Street connectivity,
arrangement, character, width, grade, location, sight distance and
surface material shall be related to existing or planned streets,
topography, convenience and safety, and their intended ultimate function.
(1)
The applicant must meet all road and drainage requirements and standards
adopted by the Township, whether such adoption be by ordinance, resolution
or motion.
(2)
The arrangement of major streets in a subdivision shall provide for
the connectivity, continuation or projection of existing streets in
adjacent areas; or conform to a plan approved by the Town Board where
topographic or other conditions make connectivity, continuance or
conformance to existing streets impracticable.
(3)
The Town may require the applicant to extend the Town's road
network to the edges of the applicant's property so as to provide
road connections to neighboring properties.
(4)
Collector streets shall be properly related to major streets and
designed to supplement the major street system, but not to serve in
lieu thereof.
(5)
Local streets shall be designed to benefit from the topography, to
discourage through traffic and to provide the minimum number of streets
necessary for safe access to adjacent properties. The reasonable and
intelligent use of curvilinear and cul-de-sac streets is allowed.
(6)
Where a subdivision abuts upon, or contains an existing or proposed
highway, major thoroughfare or railroad right-of-way, the Town Board
may require reverse frontage lots with appropriate screen plates on
the nonaccess lot boundaries. Also, it may require the provision of
suitable access roads parallel to and on either side of said highway,
major thoroughfare or railroad right-of-way providing access to adjacent
properties and affording separation of through and local traffic.
(7)
All streets and alleys shall be permanently dedicated to the public
on the approved final plat.
C.
Intersections. All streets shall intersect at right angles or as
close thereto as possible. No street shall intersect another at an
angle of less than 70°. More than two streets intersecting at
the same location shall be prohibited. Intersections with centerline
offsets of less than 200 feet shall be prohibited.
D.
Easements and dedications.
(1)
Easements for public utilities shall be provided along the rear and
side lot lines and shall be 10 feet in width with five feet of the
easement on each adjacent property being subdivided. At the rear of
isolated lots, the easement shall be 15 feet. Where an underground
storm sewer, sanitary sewer or water main is to be placed between
two lots, the easement area shall be 20 feet in width, with 10 feet
of easement on each adjacent property being subdivided.
(2)
Where a water course, drainage way channel or stream traverses a
subdivision, there shall be provided a storm water easement for drainage
right-of-way conforming substantially with the lines of such water
course, plus an additional 10 feet on each side of the water course
for maintenance purposes. If it is deemed advisable by the Town Board,
such water course or drainage way may be reestablished to conform
with the proposed street pattern, in which case suitable storm drainage
facilities shall be installed as directed by the Town Engineer. A
permit from the Department of Natural Resources is required when working
in the beds of public waters - both basins and water courses.
(3)
Upon consideration of the particular type of development proposed
in the subdivision, and especially in large scale neighborhood unit
developments, the Town Board may require the dedication or reservation
of areas or sites suitable to the needs created by such development
for schools, parks, and other neighborhood purposes.
E.
Blocks.
(1)
The length, width and shape of blocks shall be determined with due
regard to the following:
(a)
The provision of adequate building sites suitable to the particular
needs of the type of use contemplated.
(b)
Zoning requirements as to lot size and dimensions.
(c)
Needs for convenient access, circulation, control and safety
of traffic.
(d)
Limitations and opportunities afforded by topography and other
natural features.
(2)
Block lengths shall not exceed 800 feet except where required or
desirable due to natural features.
F.
Lots.
(1)
The size, width, shape and orientation of lots and the building setback
line shall be appropriate for the type of development and use contemplated
and should relate to natural features.
(2)
Reserve strips controlling access to interior or adjacent property
shall not be allowed by private ownership.
(3)
Parcel remnants smaller in area than allowed by zoning are not allowed
and must be made part of another lot.
(5)
Side lot lines shall be as near to right angles or radial to street
lines as possible without sacrificing desirable natural features.
(6)
Every lot shall front on a public street to provide access for fire
protection, utilities and other necessary services.
(7)
Lots shall not be so excessive in depth that they block desirable
access to adjacent property. The Town Board may require dedication
of land for future streets in excessively deep lots.
(8)
Lots not served by a public sewer system shall have sufficient room
for primary and secondary on-site subsurface sewage treatment system
in compliance with all state, county and Township laws.
G.
Conservation. Efforts shall be made to conserve natural resources
and advantageously utilize all natural features and vegetation on
the property to minimize soil erosion. Consideration shall be given
to eliminate any form of underground or surface water pollution.
A.
Subdivider's responsibility. The subdivider is responsible for
the cost and installation of the following improvements in the subdivision:
(1)
Streets graded and paved in accordance with specification provided
by the Town unless the Town Board permits a gravel surface, in which
case the road shall be constructed with gravel in accordance with
specifications provided by the Town.
(2)
Ponding and storm sewers to provide a system of drainage and treatment
pursuant to generally accepted National Urban Run-off Program (NURP)
standards, Minnesota Pollution Control Agency standards and Town specifications
that will adequately remove water run-off within the subdivision.
(3)
Street signs and poles in accordance with Town specifications.
(4)
Street lighting with underground wiring in accordance with Town specifications
if required by the Town Board.
(5)
Plans for final grading and plants of appropriate ground cover on
vacant lots may be required of the subdivider.
B.
Monuments. The Town Board shall approve no final plat unless the
owner or subdivider shall have placed or installed survey monuments
of a permanent character at all points as shown on the final plat
as required by the Town Engineer and the county surveyor. All United
States, state, county or other official benchmarks, monuments or triangulation
stations in or adjacent to the property shall be preserved in precise
position. If permitted by the county surveyor, the subdivider may
delay placement of permanent monuments until after final grading is
complete. If the county surveyor approves the subdivider's request
for such delay, the subdivider shall place temporary metal monuments
at all required points prior to final plat approval by the Town. Permanent
monuments shall be placed in all lot corners and shall be 1/2 inch
diameter, 15 inches in length and set in accordance with accepted
survey practice.
C.
Participation of the Town. The Town may elect to install any, all,
or none of the required improvements pursuant to a cash escrow agreement
or other financial arrangement with the subdivider. The terms of these
arrangements shall be specified in the development agreement.
D.
Development agreement. In order to effectuate the provisions of this chapter and before the final plat is signed by the Town, the owner and subdivider shall enter into a development agreement with the Town providing for the installation of the required improvements, providing for all other requirements of Chapter 216, Subdivision of Land, and Chapter 240, Zoning, and shall pay all applicable fees and any required cash payment.
(1)
Subdivider's expense. The agreement shall require the subdivider
to furnish and construct such improvements at the subdivider's
sole cost and in accordance with plans and specifications prepared
at the subdivider's expense by a professional engineer who is
registered in the state and who shall certify the plans. Such plans
and a listing of the quantities of construction items shall be submitted
to the Town Engineer for approval and for estimate of the total cost
of the required improvements. Upon approval, such plans shall become
of part of the required contract. The tracing of the plans approved
by the Town Engineer (or such other form as approved by the Town Engineer),
plus two prints, shall be furnished to the Town.
(2)
Inspection. The agreement shall require that all required improvements
shall be inspected by the Town Engineer during construction at the
expense of the subdivider. The agreement shall contain a provision
for supervision of details of construction by the Town Engineer and
shall grant to the Engineer the authority to correlate the work to
be done under such contract by any subcontractor authorized to proceed
hereunder with any other work being done or contracted by the Town
in the vicinity.
(3)
Schedule. The agreement shall include the time schedule for completion
of work. The schedule shall be reasonable with relation to the work
to be done, the seasons of the year, and proper correlation with construction
activities in the subdivision.
(4)
Financial guarantees. The agreement shall require the subdivider
to provide a financial guarantee to assure installation of all required
improvements. On request of the subdivider, the contract may provide
for completion of part or all of the improvement prior to acceptance
of the plat. In such event the amount of the guarantee may be reduced
by a sum equal to the estimated cost of the improvements that have
been completed and accepted by the Town. The financial guarantee required
as part of the contract shall be one of the following:
(a)
Escrow deposit. The agreement shall require a cash escrow deposit
may be made with the Town Treasurer in a sum equal to 125% of the
total cost, as estimated by the Engineer, of all the improvements,
including but not limited to roads, to be furnished and installed
by the subdivider pursuant to the contract. The total cost shall include
costs of inspection by the Town Engineer. The Town shall be entitled
to reimburse itself out of such deposit for any cost or expense incurred
by the Town for completion of the work in case of default of the subdivider
under such contract and for any damages sustained on account of any
breach thereof.
(b)
Letter of credit. The agreement shall require that the subdivider
shall deposit with the Town from an FDIC member bank and subject to
the approval of the Town, an irrevocable letter of credit which shall
certify:
[1]
That the creditor does guarantee funds in an amount equal to
125% of the total cost, as estimated by the Town Engineer, of completing
all required improvements.
[2]
That the creditor, in case of failure on the part of the subdivider
to complete the specified improvements within the required time period
or the failure to comply with the development agreement, shall upon
written notification by the Town, immediately and without further
action pay to the Town such funds as are necessary to finance the
completion of those improvements, up to the limit of credit stated
in the letter, plus all legal costs incurred by the Town related to
developer's failure to complete the improvements or comply with
the development agreement.
[3]
That this letter of credit shall not be withdrawn, reduced in
amount, revised or amended in its terms until approved by the Town
Board.
[4]
All such letters of credit shall be in a form acceptable to
the Town Board and shall be issued by an FDIC member bank located
in the State of Minnesota, but not more than 100 miles from the Eureka
Town Hall unless otherwise agreed to in writing by the Town.
(5)
Payment of Town expenses. The agreement shall require the subdivider
to pay all reasonable engineering, planning and attorney's fees
and expensed incurred by the Town in the review and processing of
subdivider's application, the drafting and enforcement of the
development agreement, and the installation and inspection of the
subdivision improvements. The subdivider shall also be required to
defend, indemnify and hold the Town harmless against all claims made
by the subdivider and third parties for damages sustained or costs
incurred resulting from the approval or the development of the plat,
including the Township's attorney's fees incurred in defending
against any such claim.
A.
Purpose. The documents to be submitted are intended to provide the
Town with sufficient information and data to assure compliance with
all municipal codes and specifications and ensure that the proposed
development meets the design and improvement standards contained in
this chapter. The specification of documents to be submitted is based
on the type of development and particular stage of development application.
B.
Requirements. The documents and information to be submitted are shown
below. In specific cases and for documented reasons, the Town may
waive the submission of a particular document. The reasons for waiver
shall be indicated in the minutes of the approving authority.
(1)
Plan information:
|
Item No.
|
Information Description
|
Concept/Sketch Plan
|
Preliminary Plat
|
Final Plat
| |
|---|---|---|---|---|---|
|
a)
|
Name, address of owner and/or applicant.
|
X
|
X
|
X
| |
|
b)
|
Name, signature, license number, seal and address of land surveyor,
engineer, architect, or other person who is involved in preparing
the plat.
|
X
|
X
|
X
| |
|
c)
|
Name of subdivision - which shall not duplicate the name of
any plat previously recorded in Dakota County.
|
X
|
X
|
X
| |
|
d)
|
Title block, denoting type of application, county name, and
name of Town.
|
X
|
X
|
X
| |
|
e)
|
A key map at specified scale showing location of tract with
reference to surrounding properties, streets, municipal boundaries,
or other key geographic referenced within 500 feet of the development
property and the date of the survey.
|
X
|
X
|
X
| |
|
f)
|
Location of boundary lines in relation to a known section, quarter
section, or quarter-quarter section lines comprising a legal description
of the property.
|
X
|
X
| ||
|
g)
|
North arrow and scale (not more than 100 feet per inch).
|
X
|
X
|
X
| |
|
h)
|
Proof of property title.
|
X
|
X
| ||
|
i)
|
Title opinion and abstract.
|
X
| |||
|
j)
|
Proof that taxes are current.
|
X
|
X
| ||
|
k)
|
Signature blocks for Town Board Chair, Town Clerk, Town Attorney
and Town Engineer.
|
X
| |||
|
l)
|
Certification blocks:
| ||||
|
m)
|
For registered land surveyor indicating that all the monuments
shown on the plat actually exist, and their location, size, and material
are correctly shown;
|
X
| |||
|
i)
|
Notarized certification by owner, and by any mortgage holder
by record, of the adoption of the plat and the dedication of streets,
easements, other rights-of-way, and any lands for public use;
|
X
| |||
|
ii)
|
For the Dakota County Treasurer indicating that all taxes and
special assessments against the property have been paid in full prior
to recording of the plat
|
X
| |||
|
iii)
|
Approval and review blocks to be signed by the Planning Commission
Chair, the Town Board Chair, and the Town Clerk;
|
X
| |||
|
iv)
|
A statement certifying the environmental condition of the site,
including the presence of any hazardous substances defined in Minn.
Stat. 115.02, subd. 8, or as amended. Such statement may be required
to be based upon an environmental assessment of the site by a qualified
environmental engineering firm, acceptable to the Town;
|
X
| |||
|
v)
|
Space for a certificate of review and approval to be signed
by the Planning Commission, such as:
*This plat of _____ was approved and accepted by the Planning
Commission of Eureka Township at a meeting held this _____ day of
_____, 20 _____."
|
X
| |||
|
vi)
|
Space for a certificate or review and approval to be signed
by the Town Board, such as:
*This plat of ____ was approved and accepted by the Town Board
of the Town of Eureka at a regular meeting held this _____ day of
_____, 20 ____."
|
X
| |||
|
n)
|
Boundary lines of adjoining unsubdivided or subdivided land
within 100 feet, identified by name and ownership, including all contiguous
land owned or controlled by subdivider.
|
X
|
X
| ||
|
o)
|
Boundary line survey, including measured distance and angles,
which shall close by latitude and departure with an error of closure
not exceeding one foot in 5,000 feet.
|
X
|
X
| ||
|
p)
|
Acreage of tract to the nearest tenth of an acre.
|
X
|
X
| ||
|
q)
|
Existing zoning classification for land in and abutting the
subdivision and a schedule of zoning district requirements including
lot area, width, depth, yard setbacks, lot coverage regulations, open
space and parking requirements, other information as needed.
|
X
|
X
| ||
|
r)
|
Monumentation.
|
X
| |||
|
s)
|
Plat shall be on 22 inches by 34 inches sheets or larger.
|
X
|
X
| ||
|
t)
|
Date of original and all revisions.
|
X
| |||
|
u)
|
Location and dimensions of existing or proposed streets.
|
X (general)
|
X
| ||
|
v)
|
Dimensions, bearings, curve data, length of tangents, radii,
arcs, and central angles for all centerlines and rights-of-way, and
centerline curves on streets.
|
X
| |||
|
w)
|
Existing rail lines and/or rail rights-of-way.
|
X
|
X
|
X
| |
|
x)
|
Existing electric power lines and streetlights.
|
X
|
X
| ||
|
y)
|
Existing gas and oil pipelines.
|
X
|
X
| ||
|
z)
|
Existing parks, public lands, and land to be set aside for public
use.
|
X (general)
|
X
| ||
|
aa)
|
Existing buildings and structures, size, location, and setbacks.
|
X (general)
|
X
| ||
|
bb)
|
Easements, existing and proposed.
|
X (general)
|
X
|
X
| |
|
cc)
|
All proposed lot lines and area of lots (square feet)
|
X
|
X
| ||
|
dd)
|
Proposed restrictive covenants if they are to be used for preliminary
plat. Restrictive covenants, if any, of all adjoining subdivisions.
|
X (existing)
|
X
|
X
| |
|
ee)
|
Development stages or staging plans.
|
X
| |||
|
ff)
|
List of required regulatory approvals or permits
|
X
| |||
|
gg)
|
List of variances required or requested.
|
X
| |||
|
hh)
|
Payment of application fees.
|
X
|
X
|
X
| |
(2)
Environmental information:
|
Item No.
|
Information Description
|
Concept/Sketch Plan
|
Preliminary Plat
|
Final Plat
|
|---|---|---|---|---|
|
ii)
|
All existing wetlands or other environmentally sensitive areas
on and within 100 feet of the site.
|
X (general)
|
X
|
X
|
|
jj)
|
Two copies of a complete topographic map with contour intervals
not greater than two feet superimposed on at least one print of the
preliminary plat that extends at least 100 feet beyond the subject
property. United States Geologic Survey datum shall be used for all
topographic mapping.
|
X
| ||
|
kk)
|
Boundary, limits, nature and extent of wooded areas, specimen
trees, and other significant physical features.
|
X
|
X
|
X
|
|
ll)
|
Complete drainage concept including proposed grading and drainage
of site and SWPPP, if required by state or local law.
|
X
|
X
|
(3)
Improvements and construction information:
|
Item No.
|
Information Description
|
Concept/Sketch Plan
|
Preliminary Plat
|
Final Plat
|
|---|---|---|---|---|
|
mm)
|
Proposed utility infrastructure plans, including storm water
management and on-site subsurface sewage treatment system.
|
X
|
X
| |
|
nn)
|
Soil erosion and sediment control plan.
|
X
|
X
| |
|
oo)
|
Proposed street names.
|
X
|
X
| |
|
pp)
|
Road and paving cross sections and profiles.
|
X
|
X
| |
|
qq)
|
New block and lot numbers.
|
X
|
X
| |
|
rr)
|
Lighting plan and details.
|
X
|
X
| |
|
ss)
|
Landscape plan and details.
|
X
|
X
| |
|
tt)
|
Site identification signs, traffic control signs, and directional
signs.
|
X
|
X
| |
|
uu)
|
Sight triangles.
|
X
|
X
| |
|
vv)
|
Vehicular and pedestrian circulation patterns.
|
X (general)
|
X
|
X
|
|
ww)
|
Parking plan showing spaces, curb cuts, drives, driveways, and
all ingress and egress areas and dimensions.
|
X
|
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.
A.
Violation of the provisions of this chapter or deliberate failure
to comply with any of its requirements shall constitute a misdemeanor.
Each day shall be considered a separate offense.
B.
The owner of the development and any developer, architect, engineer,
surveyor, contractor, agent or other person who commits, participates
in, assists in or maintains such violation may each be found guilty
of a separate misdemeanor.
C.
Nothing herein contained shall prevent the Town from taking such
other lawful action as is necessary to prevent or remedy any violations.
D.
It shall be unlawful to sell, trade, or otherwise convey any lot
or parcel of land as a part of, or in conformity with any plan, plat
or replat of ay subdivision or area located within the jurisdiction
of the ordinance unless said plan, plat or replat shall have first
been recorded in the Office of the Recorder of Dakota County.
E.
It shall be unlawful for any person, firm, or corporation owning
an addition or subdivision of land within the Town of Eureka to represent
that any improvement upon any of the streets, or avenues of said addition
or subdivision or any sewer or water system in said addition or subdivision
has been constructed according to the plans and specification approved
by the Town Board, or has been supervised or inspected by the Town,
when such improvement have not been so constructed, supervised or
inspected.
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.
A.
Whenever any provision of this chapter is more restrictive than provisions
of existing laws or ordinances, the provision of this chapter shall
govern.
B.
Should any section, clause or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of the chapter as a whole or any part thereof,
except that part so declared to be invalid.
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.
