TITLE XV: LAND USAGE

Transcription

1 TITLE XV: LAND USAGE Chapter 150. BUILDING REGULATIONS 151. SUBDIVISIONS APPENDIX: ROAD STANDARDS 152. ZONING CODE 153. WATER RESOURCE MANAGEMENT CALCULATIONS APPENDIX A: VOLUME AND WATER QUALITY APPENDIX B: MAINTENANCE 154. SIGN REGULATIONS CHAPTER 150: BUILDING REGULATIONS Section Building Code State Building Code adopted Application, administration, and enforcement Fees Violations and penalties Separability; supremacy Conveyance of Titles Purpose Instruments requiring approval Procedure Recording prohibited Exclusions BUILDING CODE STATE BUILDING CODE ADOPTED. American Legal Publishing 1

2 (A) The Minnesota State Building Code, established pursuant to M.S. 16B.59 to 16B.75, as amended from time to time, is hereby adopted as the building code (hereinafter "code") for the county. The Minnesota State Building Code is hereby incorporated in this subchapter as if fully set out herein. (B) The Minnesota State Building Code includes the following chapters of Minnesota Rules as may be amended from time to time, which are also incorporated in this subchapter as if fully set out herein: (1) 1300 Administration of the Minnesota State Building Code; (2) 1301 Building Official Certification; (3) 1302 State Building Construction Approvals; (4) 1303 Minnesota Provisions; (5) 1305 Adoption of the 2000 International Building Code; (6) 1307 Elevators and Related Devices; (7) 1309 Adoption of the 2000 International Residential Code; (8) 1311 Adoption of the 2000 Guidelines for the Rehabilitation of Existing Building; (9) 1315 Adoption of the 2002 National Electrical Code; (10) 1325 Solar Energy Systems; (11) 1330 Fallout Shelters; (12) 1341 Minnesota Accessibility Code; (13) 1346 Adoption of the Minnesota State Mechanical Code; (14) 1350 Manufactured Homes; (15) 1360 Prefabricated Structures; (16) 1361 Industrialized/Modular Buildings; (17) 1370 Storm Shelters (Manufactured Home Parks); (18) 4715 Minnesota Plumbing Code. Commercial plumbing permits. Prior to installation of a system of plumbing other than for a single-family dwelling, with independent plumbing service, complete plumbing plans and specifications, together with any additional information that the Building Official may require, shall be submitted in triplicate and approved by the Building Official. No construction shall proceed except in accordance with the approved plans. Any alteration or extension of any existing plumbing system shall be subject to these same requirements; (19) 7670, 7672, 7674, 7676, and 7678, Minnesota Energy Code. (Ord. 52, passed ; Am. Ord , passed ) APPLICATION, ADMINISTRATION, AND ENFORCEMENT. This code shall be effect in the unincorporated areas of the county. The Land & Water Services Division shall be the Building Code Department of the county. This code shall be enforced by a Minnesota Certified Building Official designated by the county to administer the code. (Ord. 52, passed ; Am. Ord , passed ) FEES. American Legal Publishing 2

3 The issuance of permits and the collection of fees shall be as follows. (A) Fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the county. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code. (B) An investigation fee, in addition to the permit fee, shall be collected whenever any work for which a permit is required by this code has been commenced without first obtaining the permit. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (C) A reinspection fee may be assessed in the following situations: (1) For each reinspection when the portion of work for which inspection is called is not complete; (2) When corrections called for are not made; (3) When the inspection record card is not readily available at the time of inspection; (4) Approved plans are not readily available; (5) Failure to provide access on the date for which inspection is requested; (6) Deviating from plans requiring the approval of the building official. (D) Fee refunds may be authorized by the Building Official of any fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. All plan review fees shall be paid by the applicant whether the project is to be completed or not. (Ord. 52, passed ) VIOLATIONS AND PENALTIES. (A) Any person, firm, or corporation who shall violate any of the provisions hereof or who shall make any false statement in any document required to be submitted under the provisions of this code shall be guilty of a misdemeanor. Each day that the violation continues shall constitute a separate offense. (B) Injunctive relief and other remedies. In the event of a violation or threat of a violation of this code, the county may institute appropriate actions or proceedings, including injunctive relief, to prevent, restrain, correct, or abate such violations or threat of violations. (Ord. 52, passed ) SEPARABILITY; SUPREMACY. (A) Separability. Every section, provision, or part of this subchapter or any permit issued pursuant to this subchapter is declared separable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this subchapter or any permit issued pursuant to this subchapter shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision, or part thereof. American Legal Publishing 3

4 (B) Supremacy. When any condition imposed by any provision of this subchapter on the use of land or building or on the bulk of buildings is either more restrictive or less restrictive than similar conditions imposed by any provision of any other community ordinance or regulation, the more restrictive conditions shall prevail. (Ord. 52, passed ) CONVEYANCE OF TITLES PURPOSE. The county has adopted rules by which it regulates the platting or subdivision of lands outside of municipalities as authorized by M.S , as it may be amended from time to time. The purpose of this subchapter is to facilitate the uniform application and enforcement of the regulations and is adopted pursuant to the authority granted by state law. (Ord. 6, passed ; Am. Ord. 6A, passed ) INSTRUMENTS REQUIRING APPROVAL. All instruments by which the legal title to real estate situated in the county is conveyed from one owner to a new owner shall be submitted to the Zoning Officer before the same is recorded in the Office of the County Recorder. (Ord. 6, passed ; Am. Ord. 6A, passed ) PROCEDURE. (A) The Zoning Officer shall examine all instruments to determine that the proposed conveyance complies with county regulations, as the same may be amended from time to time. If the Zoning Officer is satisfied that the proposed conveyance complies with the regulations, he or she shall affix his or her stamp to the deed, which stamp shall be in the following form: I certify that this instrument complies with Carver County Ordinance No. 33 and is eligible for recording or registration. (B) If the Zoning Officer shall have any doubt concerning any proposed conveyance, he or she shall refer the same to the County Surveyor and shall not approve the same for recording or registration until the instrument has also been approved by the County Surveyor. (Ord. 6, passed ; Am. Ord. 6A, passed ) RECORDING PROHIBITED. American Legal Publishing 4

5 The County Recorder shall not record or register any of the instruments referred to in until the instrument has been approved for recording or registration by the Zoning Officer. (Ord. 6, passed ; Am. Ord. 6A, passed ) EXCLUSIONS. (A) Real estate mortgages and leases for a period of 20 years or less shall not require approval prior to recording. (B) Contracts for deed and other executory contracts for the sale of land shall be deemed an instrument of conveyance hereunder. (Ord. 6, passed ; Am. Ord. 6A, passed ) Section CHAPTER 151: SUBDIVISIONS General Provisions Short title Policy Purposes Jurisdiction Platting authority Interpretation and scope Definitions Restrictions on building permit, improvements, acceptance, maintenance Registered land surveys Metes and bounds Compliance with comprehensive plan, zoning code, official map Adoption of a manual of standard procedures Fees General Procedures for the Subdivision of Land Platting required Required steps Re-subdivision of land Board of adjustment/variances Public hearing notice Sketch Plan Purpose Information required Submission Action by the Planning Commission American Legal Publishing 5

6 Determination of requirement for environmental review documents Preliminary Plat Requirement for application Information to be furnished with preliminary plat Filing and review of application Submission Report of the Planning Commission Board action Approval or denial Qualifications governing approval of the preliminary plat Final Plat Filing of application and requirements for application Review, approval, or denial Form and content Completion of improvements Approval/denial Recording Print to county Partial approval - extension of preliminary plat approval Record plans Minor Subdivision Approval Application of provisions Minor subdivisions Major subdivision Application procedure Procedures for approval/denial Reserved Recording Improvements Responsibility Standards and requirements Development contract Construction plans Inspection Completion of improvements Maintenance of improvements Deferral or waiver of required improvements Issuance of building permits and certificates of occupancy prior to the completion of improvements Subdivision Design and Public Improvement/Installation Standards General provisions Lot standards Blocks American Legal Publishing 6

7 Roads and alleys Subsurface sewage treatment systems Natural features and amenities Engineering requirements Standard plans Roadway and utility design requirements Roadway, utility and general construction and restoration Financial Guarantee Financial guarantee Appendix: Road standards GENERAL PROVISIONS SHORT TITLE. This chapter shall be known as the Carver County Subdivision Ordinance, and will be referred to herein as this chapter. (Ord. 33, 1.1, passed ) POLICY. (A) It is hereby declared to be the policy of the county to consider the subdivision of land and the subsequent development of the plat as subject of the control of the county pursuant to the comprehensive plan of the county for the orderly, planned, efficient and economical development of the county. (B) Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and land shall not be subdivided unless proper provisions have been made for drainage, water, sewage, and capital improvements such as schools, parks, recreation facilities, transportation facilities and any other necessary improvements. (C) Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. (D) The existing and proposed public improvements shall conform to and be properly related to the county and township comprehensive plans, official map, and the capital budget and program of the county, and it is intended that these regulations shall supplement and facilitate the American Legal Publishing 7

8 enforcement of the provisions and standards contained in the building code, zoning code, the comprehensive plan, official map, and capital budget and program of the county. (Ord. 33, 1.2, passed ) PURPOSES. These regulations are adopted for the following purposes: (A) To protect and provide for the public health, safety, and general welfare of the county; (B) To guide the future growth and development of the county, in accordance with the comprehensive plan; (C) To preserve prime and good agricultural land in tracts large enough for viable commercial agricultural operations; (D) To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population; (E) To protect the character and the social and economic stability of all parts of the county and to encourage the orderly and beneficial development of all parts of the county; (F) To protect and conserve the value of land throughout the county and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings; (G) To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities; (H) To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the county, having particular regard to the avoidance of congestion in streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines; (I) To establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land and to insure proper legal descriptions and monumenting of subdivided land; (J) To insure that adequate public facilities are available and will have a sufficient capacity to serve the proposed subdivision; (K) To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table and to encourage the wise use and management of natural resources throughout the county in order to preserve the integrity, stability, and beauty of the community and the value of the land; (L) To preserve the natural beauty and topography of the county and to insure appropriate development with regard to these natural features; and (M) To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in the zoning code of the county. (Ord. 33, 1.3, passed ) American Legal Publishing 8

9 JURISDICTION. These rules and regulations shall apply to all plats and subdivisions of land, including registered land surveys, within the unincorporated areas of the county, except within orderly annexation areas or other areas where there is an agreement between the township, the city and the county for the subdivision of land. (Ord. 33, 1.4, passed ) PLATTING AUTHORITY. The County Board shall serve as the platting authority of the county in accordance with M.S. Chapters 394 and 505, as they may be amended from time to time. No plat, replat, subdivision of land or registered land survey, excluding minor subdivisions, shall be filed or accepted for filing by the County Recorder/Registrar of Titles of Carver County unless it is accompanied by a certified copy of a resolution adopted by the affirmative vote of the majority of the members of the County Board approving such plat, replat, subdivision of land or registered land survey except as provided in et seq. (Ord. 33, 1.5, passed ; Am. Ord , passed ) INTERPRETATION AND SCOPE. All subdivisions of land within Carver County shall equal or exceed the standards set forth in this chapter. The standards established by this chapter are not intended to repeal, abrogate, annul or impair private agreements or restrictive covenants running with the land which are equal to or more restrictive than the standards hereby established, except that the most restrictive shall apply. (Ord. 33, 1.6, passed ) DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALLEY. A public right-of-way which affords a secondary means of access to abutting property. BLOCK. An area of land within a subdivision which is entirely bounded by streets or by a combination of streets, railroad right-of-way, public parks, or cemeteries, the exterior boundary or boundaries of the subdivision, or the shoreline of the above with a river or lake. BLUFF. Refer to the Zoning Code regulations, Chapter 152 of this code of ordinances. BOULEVARD. That portion of the street right-of-way between the curb line and the property line. BUILDING. Refer to the Zoning Code regulations, Chapter 152 of this code of ordinances. American Legal Publishing 9

10 BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. BUTT LOT. A lot at the end of a block and located between two corner lots. CAPITAL IMPROVEMENT PROGRAM (CIP). An itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, together with their estimated cost, the justification for each improvement, the impact that such improvements will have on the current operating expense of the government, and such other information on capital improvements as may be pertinent. COMPREHENSIVE PLAN. Refer to the Zoning Code regulations, Chapter 152 of this code of ordinances. CROSSWALK or PEDESTRIAN WAY. A publicly owned right-of-way which crosses a block and furnishes pedestrian access to adjacent streets or properties. CUL-DE-SAC. A local street with only one outlet and having an appropriate terminus for the safe and convenient reversal of traffic movement. DEPARTMENT. Refer to the Zoning Code regulations, Chapter 152 of this code of ordinances. EASEMENT. A grant or authorization by a property owner for the use of a designated part of his or her property, by the public, a corporation, or persons for a specific purpose such as the construction of utilities, drainage ways and roadways. ENGINEER. The County Engineer or a consultant engineer employed by the county. ESCROW. The deposition of funds in an account maintained by the governmental unit specifically for the purpose of ensuring fulfillment of certain obligations assumed pursuant to this chapter. FLEXIBLE ZONING TECHNIQUES. Zoning which permits the use of land and density of buildings and structures different from those which are allowed by right in the zoning district in which the land is situated. Some examples are planned unit developments, group housing projects, average or density zoning projects. FRONTAGE, HAVE FRONTAGE ON, FRONT ON. Abut, immediately adjacent to. GOVERNING BODY. County Board of Carver County. GRADE, PERCENTAGE OF. The rise or fall of a street in feet and tenths of a foot for each 100 feet of horizontal distance measured at the center line of the street. IMPROVEMENT, LOT. Any building, structure, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements may require bonding under the provisions of this chapter. IMPROVEMENT, PUBLIC. Any drainage facility, roadway, parkway, park, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which county responsibility is established. LOT. The smallest unit of a subdivision individually numbered or designated on the plat for purposes of description, recording, conveyance, development and taxation. The terms LOT, PARCEL, and TRACT are synonymous. LOT, CORNER. A lot situated at the intersection of two streets. LOT DEPTH. The mean horizontal distance between a street right-of-way line and the opposite rear line of the lot measured in the general direction of the side lot lines. American Legal Publishing 10

11 LOT, DOUBLE FRONTAGE. A lot having frontage on two parallel or approximately parallel streets. LOT LINE. A lot line is a property line bounding a lot except that where any portion of a lot extends into or abuts the public right-of-way or a proposed public right-of-way, the nearest line of such public right-of-way shall be the lot line for applying this chapter. LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at the location of the principal building and at the road right-of-way line or ordinary high water level. MINIMUM SUBDIVISION DESIGN STANDARDS. 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 plat. OFFICIAL MAP. Refer to the Zoning Code regulations, Chapter 152 of this code of ordinances. ORDINARY HIGH WATER LEVEL. Refer to the Zoning Code regulations, Chapter 152 of this code of ordinances. OUTLOT. A parcel of land shown on a subdivision plat as an outlot, and designated alphanumerically, for example - Outlot A. Outlots are used to designate one of the following: land that is part of the subdivision but is to be subdivided into lots and blocks at a later date; land that is to be used for a specific purpose as designated in a development contract or other agreement between the county and the subdivider; or for a public purpose. OWNER. 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 these regulations. PERSON. Shall include both female and male and shall also extend and be applied to bodies politic and corporate and partnerships and other unincorporated associations. PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. Chapter 505, as it may be amended from time to time, and containing all elements and requirements set forth in applicable local regulations adopted pursuant to M.S and Chapter 505, as they may be amended from time to time. PLAT, FINAL. The final map, drawing or chart on which the subdivider s plan or subdivision is presented to the County Board for approval and which, if approved, will be submitted to the County Recorder/Registrar of Titles. PLAT, PRELIMINARY. The preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission and County Board for their consideration for compliance with the county plan and these regulations along with required supporting data. PLATTING OFFICER. The manager of the Department assigned to perform the duties so outlined in this chapter. PROTECTIVE/RESTRICTIVE COVENANTS. Documents filed in the office of the County Recorder/Registrar of Titles which constitute a restriction on the property in the subdivision. REGISTERED ENGINEER. An engineer properly licensed and registered in the state. REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered in the state. RESPONSIBLE AUTHORITY. The unit of government or other organization as designated in a developer s agreement that will be responsible for the operation and/or maintenance of an improvement within a subdivision plat. American Legal Publishing 11

12 RESUBDIVISION. A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, watermain, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, watermain, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the make of the plat on which such right-of-way is established. ROAD RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles or radially to the centerline of the street. SETBACK. The minimum horizontal distance between a structure, sewage treatment system, or other facility, and an ordinary high water level, sewage treatment system, top of bluff, road, highway, property line, or other facility. SHORELAND. Land located within the following distance from public waters: 1,000 feet from the ordinary high water level of a lake, pond or flowage and 300 feet from a river or stream as shown on the Carver County Zoning Map; or the landward extent of a floodplain designated by ordinance of such a river or stream, whichever is greater. The practical limits of shorelands may be less than statutory limits wherever the waters involved are bounded by natural topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of Natural Resources. STREET, ARTERIAL. A street of considerable continuity, which is used primarily for heavy through traffic between major traffic generation areas. Arterial streets are designated in the comprehensive plan. STREET, COLLECTOR. A feeder street as designated in the comprehensive plan which provides connection primarily between arterial streets or arterial streets and minor streets. Collector streets include the principal entrance streets of a residential development and the principal streets for circulation within such development. STREET, CUL-DE-SAC. A comparatively short minor street having one end open to traffic and the other end permanently terminated by a vehicular turn-around. STREET, LOCAL. A minor street, the principal function of which is to provide access to individual parcels of property. Culs-de-sac and marginal access streets are to be considered local streets. STREET, MARGINAL ACCESS SERVICE STREET OR FRONTAGE ROAD. A minor street which is parallel and adjacent to a highway or an arterial street and which provides access to abutting properties and protection from through traffic. STREET WIDTH. The width of the improved surface of the street as measured at right angles or radially to the centerline of the street from curb face to curb face, or on a street without curbs from the outside edge of the improved shoulder to outside edge of improved shoulder. SUBDIVIDER. A person, owner, applicant, or developer who submits a plat for the purpose of land subdivision as defined herein. The subdivider may be the owner or authorized agent of the owner of the land to be subdivided. American Legal Publishing 12

13 SUBDIVISION. The separation of an area, parcel, or tract of land 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: (1) Where all the resulting parcels, tracts, or interests will be 20 acres or larger in size and 500 feet in width for residential or agricultural uses and 5 acres or larger in size for commercial and industrial uses; (2) Creating cemetery lots; (3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. ZONING CODE. The ordinance so named, and any amendments thereto, adopted by the county regulating the use of land within the unincorporated areas of the county. (Ord. 33, 13.0, passed ; Am. Ord , passed ) RESTRICTIONS ON BUILDING PERMIT, IMPROVEMENTS, ACCEPTANCE, MAINTENANCE. No subdivision shall be entitled to be recorded in the office of the County Recorder/Registrar of Titles nor shall it have any validity unless approved as provided in this chapter. The county shall not issue any building permits for any structure in any lot in a subdivision that has not received final approval pursuant to this chapter. The County Board shall not permit any improvements to be installed unless the preliminary plat is approved and shall expend no public monies for street or utility maintenance services until the approval of the final plat. The County Board shall not accept the dedication of any improvements prior to the approval of the final plat. (Ord. 33, 1.7, passed ) REGISTERED LAND SURVEYS. All registered land surveys under the jurisdiction of this chapter shall be filed with the Platting Officer and shall be subject to the same procedure as required for the filing and approval of a plat. The standards and requirements in this chapter shall apply to registered land surveys and all the restrictions contained in this section shall apply to registered land surveys. (Ord. 33, 1.8, passed ) METES AND BOUNDS. Except as otherwise specifically provided in this chapter, no land shall be conveyed or subdivided by a metes and bounds description. (Ord. 33, 1.9, passed ) American Legal Publishing 13

14 COMPLIANCE WITH COMPREHENSIVE PLAN, ZONING CODE, OFFICIAL MAP. No subdivision of land shall conflict with the provisions of the county or affected township comprehensive plan, zoning code, or official map. (Ord. 33, 1.10, passed ) ADOPTION OF A MANUAL OF STANDARD PROCEDURES. The county is hereby authorized to adopt by resolution a manual of standards for the subdivision of land and the design and installation of public improvements associated with the subdivision of land. (Ord. 33, 1.11, passed ) FEES. The Carver County Board is hereby authorized to adopt by resolution a schedule of fees for the subdivision and development of land as provided by this chapter. (Ord. 33, 1.12, passed ) GENERAL PROCEDURES FOR THE SUBDIVISION OF LAND PLATTING REQUIRED. With the exception of those divisions of land specifically provided for in et seq., all subdivisions of land regulated by this chapter shall be platted in accordance with the procedures of et seq., et seq., and et seq. (Ord. 33, 2.1, passed ) REQUIRED STEPS. Whenever any subdivision of land is proposed, regardless of whether the land has been previously subdivided, 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 subdivision shall be granted, the subdividing owner or his or her authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the procedures set out in et seq., et seq., and et seq. (Ord. 33, 2.2, passed ) American Legal Publishing 14

15 RE-SUBDIVISION OF LAND. Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots that may eventually be resubdivided into smaller building sites, the County Board may require that the land be platted so as to allow for the future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat. The plat shall provide for the location of structures so as to permit future subdivision into smaller lots. (Ord. 33, 2.3, passed ) BOARD OF ADJUSTMENT/VARIANCES. A plat or subdivision shall not be approved where a variance will subsequently be required in order to use the lot(s) for their intended use. But, where the Board of Adjustment finds that extraordinary hardship(s) or practical difficulty(s) may result from strict compliance with these regulations and/or the purposes of these regulations may be serviced to a greater extent by an alternative proposal, the Board of Adjustment may approve variances from these subdivision regulations, provided that such variances shall not have the effect of nullifying the intent and purpose of this chapter, the Zoning Code, or the Comprehensive Plan, and further provided the Board of Adjustment shall not approve or disapprove variances unless it shall make findings based upon the evidence presented in the Zoning Code regulations, Chapter 152 of this code of ordinances. (Ord , passed ) PUBLIC HEARING NOTICE. In all cases where a public hearing is required, official notice of said hearing shall be published in a newspaper of general circulation in the area at least 10 days but no more than 30 days prior to the date of said hearing. Mailed notice of the hearing shall be provided to all property owners within 1,320 feet of the boundaries of the affected land. Timing of the notice shall be the same as that for the published notice. Defects in the public notices shall not abrogate or annul subsequent proceedings provided a good faith attempt was made to give proper notice. (Ord. 33, 2.5, passed ) SKETCH PLAN PURPOSE. Subdividers shall prepare, for review and approval by the Department, a sketch plan depicting a subdivision proposal. In addition, the subdivider shall prepare, for review and American Legal Publishing 15

16 approval by the Planning Commission, a sketch plan depicting a subdivision proposal if a conditional use permit is required. The sketch plan and accompanying information shall serve as the basis for discussions between the subdivider, the Planning Commission and the staff, and is intended to provide the developer with an advisory review of the subdivision without incurring major costs. This step may not be necessary if another action, typically a zoning action, accomplishes the same purpose as the sketch plan review. (Ord. 33, 3.1, passed ; Am. Ord , passed ) INFORMATION REQUIRED. The following information shall be supplied at a minimum: (A) A sketch plan showing proposed lot, density, use acreage, and relationship to the surrounding land, location within the county, and generalized natural features; (B) Any required zoning changes; (C) Proposed timing and staging of development; (D) Documents demonstrating the applicant s interest in the property. (Ord. 33, 3.2, passed ) SUBMISSION. The sketch plan and associated information shall be submitted to the Platting Officer no later than 12 calendar days prior to a regularly scheduled Planning Commission meeting. The Platting Officer shall review the application and determine if the proposed division is under the jurisdiction of this chapter. If the Officer determines that the division is not under the jurisdiction of this chapter, the Platting Officer shall execute a certification to that fact within 10 days. If it is determined that this chapter applies, the Platting Officer shall place the sketch plan review on the Planning Commission agenda. (Ord. 33, 3.3, passed ) ACTION BY THE PLANNING COMMISSION. If applicable, the Planning Commission shall recommend to the County Board the conformity of the subdivision with the comprehensive plan, the subdivision regulations, potential variances that may be required, and of other applicable official controls. Any comments or recommendations for modifications made and/or approval at this point by the Planning Commission are recommendations only from the Planning Commission, and shall not constitute approval or commitment to approve. If the subdivider determines to proceed with the subdivision as proposed or revised, he or she may proceed with the preparation of the preliminary plat as provided in et seq. (Ord. 33, 3.4, passed ; Am. Ord , passed ) American Legal Publishing 16

17 DETERMINATION OF REQUIREMENT FOR ENVIRONMENTAL REVIEW DOCUMENTS. The Platting Officer shall review the sketch plan and shall determine if environmental review documents must be completed pursuant to Minn. Rules Parts through , as they may be amended from time to time. If such documents are required, the Platting Officer shall notify the subdivider of the requirement. (Ord. 33, 3.5, passed ) PRELIMINARY PLAT REQUIREMENT FOR APPLICATION. After the completion of the sketch plan process if required, the owner or subdivider shall file with the Platting Officer an application for preliminary plat approval which shall consist of the following: (A) A completed application form and documents demonstrating sufficient ownership or control in the applicant to apply for the subdivision; (B) Six copies of the preliminary plat, plus any additional copies deemed necessary by the Platting Officer plus one reproducible copy reduced to 8½ inches x 11 inches. The application shall contain at a minimum the information required in and any additional information required by the county; (C) Application fee. Refer to the Carver County Fee Schedule. This fee will be used for the expenses of the county in connection with approval or disapproval of said plat. (D) If the subdivider requests that any existing special assessments which have been levied against the premises described in the subdivision be divided and allocated to the respective lots in the subdivision plat, the county shall estimate the clerical cost of preparing the revised assessment roll, filing the same with the County Taxpayers Services Department, and making such division and allocation, and upon approval by the Board of such estimated cost the same shall be paid to the County Finance Department in addition to the fee mentioned above to cover the cost of preparing and filing such revised assessments. (E) Completed environmental review documents required pursuant to (Ord. 33, 4.1, passed ; Am. Ord , passed ) INFORMATION TO BE FURNISHED WITH PRELIMINARY PLAT. (A) The preliminary plat stage is the point in the process that all information pertinent to the proposed development is furnished by the developer for review by county staff, the Planning Commission, the County Board, and the public. The information provides a basis for approval/denial of the application. The information submitted in the application should address both existing conditions and changes that will occur during and after development. The preliminary plat is a plan of how property will be developed. Changes may be required by the American Legal Publishing 17

18 Planning Commission or County Board and additional information may be requested during the review process. In certain cases some information required by these standards may not be appropriate or may need to be modified in order to provide an adequate basis for making a decision. The staff, Planning Commission, and County Board may request additional information. Modifications to the informational requirements may be made by the County Board, the Planning Commission and authorized staff. (B) Preliminary plat information is typically furnished on the plat map, however, some information is more appropriately submitted in other forms. The plat and associated information should be submitted in a form that is legible, organized and understandable. The following information should be submitted as the preliminary plat application: (1) General information. The application shall consist of a map and accompanying documents. The map and documents shall contain the following general information: (a) The proposed name of the plat; (b) Name, address, phone number of the owner, developer, agent, applicant, engineer, surveyor, planner, attorney or other principle involved in the development of the plat; (c) Proof of ownership or sufficient interest in the property to legally make application; (d) School district, watershed, or other special purpose of government in which the proposed plat is located; (e) Existing zoning or any zoning changes needed, reference to any zoning or similar land use actions that have already occurred that are pertinent to the proposed development; (f) Total acreage of the land to be subdivided; (g) Boundary line survey and legal description; (h) North arrow and scale of 1:200 to 1:50 depending upon the size of the plat and the detail of the information to be shown; (i) Existing covenants, liens, or encumbrances. (2) Existing features to be shown. (a) Existing property lines and property lines extending 100 feet from the exterior boundaries of the parcel to be subdivided, the names of the adjacent property owners shall be indicated and their addresses provided. (b) Existing roads both public and private, showing width of road, types of construction, any associated easements. (c) Any and all existing easements with purpose of easement and types and location of any facility or installation that is located in the easement. (d) Location, size, capacity, of all existing drainage storm sewer and agricultural tiles, abandoned wells, sewer, water, and utility facilities including utility poles and utilities stubbed to the property. (e) Permanent buildings or other substantial land uses. (f) Topography at 2-foot intervals, to include at least 100 feet beyond the limits of the property. (g) Existing wooded areas - the location and species of all trees with a trunk diameter of 6 inches or greater shall be shown in areas planned to be disturbed during the development. American Legal Publishing 18

19 (h) Waterways, watercourses, lakes, and wetlands with ordinary high water level and/or 100-year flood elevations shown. (i) The toe and top of any bluffs present. (j) In shoreland areas, information shall be submitted regarding near-shore aquatic conditions including depths, types of bottom sediments and aquatic vegetation. (k) The information submitted shall also include an analysis of the soils in the area to be platted. Areas with soils that will present problems for development shall be shown and any measures taken to alleviate problems shall be outlined. The comprehensive plan and the Carver County Soils Survey are the primary information sources for this information. Representative soil borings are advised, in some cases they may be required. (3) Proposed features to be shown. The following information is required for the preliminary plat. Additional information that will aid in decision-making should also be submitted: (a) Proposed lot lines, dimensions, and acreage of all new lots; (b) Proposed uses and densities including parks, ponding areas, areas of common ownership; (c) Location, grade, and width of proposed streets, pedestrian ways, sidewalks, bicycle paths, trails, walking paths and provision for extending streets to serve adjacent areas; (d) General plans for the connection/installation of sewer, water, electricity, telephone, gas, and drainage facilities; (e) Location of two sites suitable for on-site sewer systems with the method of protecting the unused site for future use outlined; (f) Grading plans showing how the site will be graded and showing the final contours into the existing contours; (g) Proposed easements for drainage, slope protection, flood protection, and protection of wetlands and waterbodies including storm-water storage areas, easements for the installation of utilities and street trees; (h) The minimum setbacks and resulting building lines; (i) Documents outlining the content of proposed restrictions, covenants, and establishment of homeowners associations in sufficient detail to review for content; (j) Information or easements showing how utilities, drainage, and roads can be extended to serve adjacent property; (k) Erosion control measures to be taken to prevent erosion and sedimentation both during and after development; (l) If the entire parcel is not being proposed for subdivision, a sketch indicating how the remaining property could be subdivided; (m) Other information not specifically required in this section may be supplied by the applicant. Examples of other information that could be supplied include sample site plans and artist s conceptions of the final development. (Ord. 33, 4.2, passed ) FILING AND REVIEW OF APPLICATION. American Legal Publishing 19

20 (A) The preliminary plat application shall be considered to be officially filed when the Platting Officer has received and examined the application and has certified that the application is complete. (B) If the determination has not been previously made, the Platting Officer shall then determine if the proposed subdivision is within the scope of these regulations. (C) If the determination is made that this chapter does not apply, the county shall execute a certification to that fact within ten days and refund any fees that may have been paid. (D) Within a reasonable time after receiving and certifying the preliminary plat application, the Platting Officer shall: (1) Set a public hearing on the preliminary plat, such hearing to be held by the Planning Commission within 45 days. Public notice shall be in accordance with The Planning Commission shall report its findings and recommendations to the governing body. The recommendation may be conditional, and may recommend approval or denial of all or part of the preliminary plat. Notice of said hearing shall be published once in the official newspaper at least ten days prior to the hearing. (2) Refer copies of the preliminary plat to the Planning Commission, and other staff, advisory boards, committees, commissions, consultants, or agencies as appropriate. (Ord. 33, 4.3, passed ) SUBMISSION. The Platting Officer shall submit copies of the preliminary plat together with reports and other relevant materials to the Planning Commission within ten days of the public hearing. (Ord. 33, 4.4, passed ) REPORT OF THE PLANNING COMMISSION. The Platting Officer shall prepare a report of the Planning Commission findings and recommendations and transmit same to the County Board within 30 days subsequent to the close of the public hearing on said preliminary plat. (Ord. 33, 4.5, passed ) BOARD ACTION. The County Board shall act on the preliminary plat within 120 days of the date of receipt by the county of an application completed in accordance with this chapter. If the report of the Planning Commission has not been received in time to meet this requirement, the Board may act on the preliminary plat without such a report. The County Board may make such changes or revisions as it deems necessary for the health, safety, general welfare and convenience of the county. Should the County Board fail to act within the 120-day period, the preliminary plat shall be deemed approved and the county shall upon demand furnish certification to that effect. The 120-day period may be extended upon agreement with the applicant. (Ord. 33, 4.6, passed ) American Legal Publishing 20

21 APPROVAL OR DENIAL. Approval or denial shall be by resolution, including findings of fact, and shall be entered in the proceedings of the Board and transmitted to the applicant. If the preliminary plat is approved, such approval shall not constitute final approval of the subdivision. (Ord. 33, 4.7, passed ) QUALIFICATIONS GOVERNING APPROVAL OF THE PRELIMINARY PLAT. (A) The preliminary plat shall conform such standards and specifications as adopted by the county. (B) The approval of a preliminary plat by the County Board is an acceptance of the general layout as submitted, and indicates to the subdivider that he or she may proceed toward fulfilling the necessary steps for approval of the final plat in accordance with the County Board s approval. (C) Subsequent approval of the engineering proposals required by this chapter pertaining to water supply, storm drainage, sewerage and sewage disposal, sidewalks, gas and electric service, grading, gradients and roadway widths and the surfacing of streets shall be necessary by the public officials having jurisdiction, prior to the approval of the final plat by the county. (D) No plat will be approved for a subdivision which does not conform to applicable floodplain regulations. (E) A plat or subdivision shall not be approved unless there is provision for two on-site sewer systems, streets as required by the township, and provisions for the proper disposal of storm water. (F) A plat or subdivision shall not be approved where a variance will subsequently be required in order to use the lots for their intended purpose. (Ord. 33, 4.8, passed ) FINAL PLAT FILING OF APPLICATION AND REQUIREMENTS FOR APPLICATION. (A) The owner or subdivider shall file five copies of the final plat no later than six months after the date of approval of the preliminary plat or as provided in a developer s agreement, otherwise, the preliminary plat approval shall be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the County Board. In the case of a final plat filed for only a portion of the preliminary plat, the remaining preliminary plat may be extended as above. The owner or subdivider shall also submit at the same time an up-to-date certified abstract of title or registered property report, and such other evidence, as the County Attorney or Platting Officer may require, showing sufficient title or control in the American Legal Publishing 21