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| 100 | 200 | 300 | 400 | 500 | 600 | 700 |
CHAPTER 100
SUBDIVIDING
100:010 NAME
100:020 PURPOSE
100:030 SCOPE
100:031 Compliance
100:032 Required Approvals of Subdivision
Plats
100:033 Conflict
100:100 DEFINITIONS
AND RULES
100:200 PLATTING PROCEDURE
100:204 SIMPLE PLATS
100:208 PREPARATION AND REVIEW OF SKETCH PLAN
100:210 BUILD-OUT PLAN (GHOST
PLAT)
100:212 PREPARING AND FILING
THE PRELIMINARY PLAT
100:215 PRELIMINARY PLAT REQUIREMENTS
100:220
REVIEW OF THE PRELIMINARY PLAT
100:240 PREPARING AND
FILING THE FINAL PLAT
100:250 REVIEW OF THE
FINAL PLAT
100:320 FINAL PLAT REQUIREMENTS
100:330 FEES AND COSTS
100:400 SUBDIVISION
DESIGN STANDARDS
100:412 Street Requirements
100:414 Block Design
100:415 Sewage Disposal
100:416 Drainage
100:417 EROSION AND SEDIMENT
CONTROL
100:418 SIDEWALKS, PEDESTRIAN
WAYS, AND BICYCLE PATHS AND TRAIL AND PARK DEDICATION FEES.
100:419 UTILITIES
100:450 IMPROVEMENTS REQUIRED
100:454 Construction Plans, Specifications And
Inspection
100:500 EASEMENTS
100:510 COMPLIANCE WITH
STATE WETLAND CONSERVATION ACT
100:600 METES AND BOUNDS
100:601 Conveyance
100:650 BUILDING PERMITS
100:651 Violation And Penalties
100:652 Equitable Relief
100:010 NAME. Chapters 100, 200 and 300 are referred to as the Zoning and Subdivision Ordinance of the Township of Princeton.
100:020 PURPOSE. The process of dividing open land into home sites, or separate parcels for other uses, is one of the most important factors in the growth of any community. Few activities have a more lasting effect upon its appearance and environment. Once the land has been subdivided into urban lots and the streets, homes, and other structures have been constructed, the basic character of this permanent addition to the community has become firmly established. It is then virtually impossible to alter its basic character without substantial expense. In most subdivisions, roads and streets must be maintained and various public services must be provided. The welfare of the entire community is there by affected in many important respects. It is, therefore, in the interest of the general public, the developer, and the future owners that subdivisions be conceived, designed, and developed in accordance with sound rules and proper standards. All subdivisions of land submitted for approval shall fully comply in all respects with the regulations set forth herein. It is the purpose of these regulations:
1. To provide for the orderly, economic,
and safe development of land and urban services and facilities.
2. To promote the public health,
safety, morals and general welfare of residents of the Township.
3. To assure equitable handling of
all subdivision plats by providing uniform procedures.
4. To place the cost of improvements
against those benefiting from their construction.
5. Protect and provide for the public
health, safety and general welfare of the Town.
6. Protect and conserve the value
of land throughout the Town, the value of buildings and improvements, and
to minimize the conflicts of the uses of lands and buildings.
7. Promote the development of economically
sound and stable community by preventing the subdivision or development
of land that results in scatter or premature subdivision of land as would
involve danger or injury to health, safety or prosperity by reason of
the lack of water supply, drainage, transportation, schools, fire protection,
or other public services, or necessitate the excessive expenditure of
public funds for the supply of such services.
8. Encourage well-planned, efficient,
and attractive subdivisions by establishing adequate standards for design
and construction.
9. Secure the rights of the public
with respect to public lands and water.
10. Prevent the pollution of air,
streams, and lakes, ensure the adequacy of drainage facilities, protect
underground water resources and encourage the wise use and management
of natural resources in order to preserve the integrity, stability and
beauty of the Town.
11. Preserve the natural beauty and
topography of the Town and ensure appropriate development with regard
to these natural features.
12. Provide for open spaces through
the most efficient design and layout of the land while preserving the
density of land use as established in the Zoning Ordinance; and
13. Require new subdivisions to provide
financial support for infrastructure improvements that are necessary
to support new growth.
100:030 SCOPE.
These rules and regulations shall apply to any platting or subdivision
of land within the Township of Princeton.
Except in the case of re-subdivision, this Code shall not apply to any lot or lots forming a part of a subdivision recorded in the office of the County Recorder prior to the effective date of this Code, nor is it intended by this Code to repeal, annul, or in any way impair or interfere with existing provisions of other State and Federal laws and County ordinances, or with private restrictions placed upon property by deed, covenant, or other private agreement, or with restrictive covenants governing the land.
100:031 Compliance. After the adoption of this ordinance, no lot, tract or parcel of land shall be divided or subdivided or sold, no permit shall be issued to alter or erect any buildings upon land in a subdivision, and no building shall be erected in a subdivision unless a Final Plat has been approved and been recorded and until the improvements required by the Township Board relative to the subdivision have been constructed or guaranteed. The division of land into tracts, parcels or lots larger than five (5) acres in area and four hundred (400) feet in width shall be exempt from the requirements of this ordinance provided such division and conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than five (5) acres in area or four hundred (400) feet in width. Furthermore, any Subdivision which results in or requires the construction of new town streets or roadways shall not be approved unless a Final Plat has been approved.
100:032 Required Approvals of Subdivision Plats. Before any Preliminary or Final Plat shall have any validity, it shall have been reviewed by the Township Planning Commission and approved by the Town Board.
100:033 Conflict. The Subdivision Code shall not annul or interfere with any other official regulations or ordinances of the Township; provided, however, that where there is a difference between minimum standards or dimensions herein and those contained in other official regulations or ordinances of the Township, the most restrictive standards shall apply.
100:100 DEFINITIONS AND RULES.
The Definitions and Rules set out in Chapter 200 of this Ordinance shall apply to this Chapter 100.
A. Purpose.
Simple plats allow subdivision of parcels into smaller lots in
limited numbers.
1) All land splits in R-1 zone shall be by regular subdivision
plat or simple plat.
B. Reservations.
A simple plat may only be considered if:
1) the parcel to be platted must be within the Residential
R-1 zoning district, and
2) the platting will result in no more that three (3) total
lots, any of which are less than twenty (20) acres, and
3) the plat does not require creation of new roads, and
4) the parcels involved have not been created or split
within the last three (3) years.
C. Lot
Standards. The plat shall conform to the following:
1) Subdivision Design Standards as referred in Section
100:400 through 100:510, when applicable, and
2) Residential R-1 District as referred in Section 300:300
through 300:033
D. Procedures.
The following items shall be included with the simple plat procedure:
1) A map of sketch drawn to a standard engineer's scale
shall be submitted to the Township for review and shall show:
a) All contiguous
property and all roads and their proper name.
b) Proposed new property
lines with dimensions noted.
c) Proposed driveway
location and location of existing driveways on the same side of the road.
d) Citation and location
of any existing legal rights-of-way or easements affecting the property,
as documented on a current Abstract or Title.
e) Proposed legal
description of the parcel(s) to be subdivided.
f) General
location, purpose and dimensions of all existing buildings. Location
shall note distance of those buildings closest to property lines.
g) General location
of any existing tile lines, abandoned wells or drainage ways.
h) Location of a
primary and a secondary area for an on-site sewer system.
i) Location
of existing septic tank and drain field and secondary site.
2) The Zoning Administrator, Township Engineer, and the
staff, in their consideration shall properly study the application and determine
whether or not the simple plat:
a) meets the objectives
of the Comprehensive Plan, Zoning and Subdivision Ordinances.
b) requires additional
information necessary to properly consider the simple plat
3) A Preliminary and Final Plat of the proposed parcel(s)
shall be prepared by a licensed land surveyor and submitted to the Township
for review and approval
4) The Zoning Administrator and Township Engineer shall
submit reports to the Planning Commission expressing recommendation for approval,
disapproval, or revision of the Preliminary and Final Plat.
5) The Planning Commission shall hold a Public Hearing
on the Plat, where the Subdivider shall appear before the Planning Commission
in order to answer questions concerning the Preliminary and Final Plat.
6) The report of the Planning Commission shall be submitted
to the Town Board prior to the next board meeting after the public hearing
on the Preliminary and Final Plat.
100:208 PREPARATION
AND REVIEW OF SKETCH PLAN
(a) Prior to submitting the
preparation of the Preliminary Plat the applicant shall prepare a sketch
plan so the applicant may become informed of the procedures, requirements
and minimum standards imposed by this ordinance and other Township Ordinances
and plans. At least 15 calendar days prior to the presentation of the
Sketch Plan to the Township Planning Commission, the Subdivider or the
owner shall pay the Sketch Plan Application Fee and meet with the Princeton
Township Zoning Administrator, Township Engineer and other appropriate officials
in order to review the Sketch Plan. The Developer and/or Land Owner shall
obtain a copy of the Princeton Township Ordinances.
(b) After the meeting with
staff as presented in Section 100:208(a), the Subdivider shall present
a subdivision Sketch Plan, for review by the Planning Commission. Such
Sketch Plan shall be submitted as a basis for informal discussion between
the Subdivider and the Planning Commission and shall not constitute formal
filing of the plat with the Township. The Planning Commission shall provide
advice and assistance to the Subdivider, including recommendations as to
the location of any property that could be dedicated to the public for
parks, playgrounds, or other public purposes, but shall take no action
on the Sketch Plan. Any comments, direction or action by staff or the Planning
Commission made in reviewing the Sketch Plan shall not be considered binding
on the Town Board for purposes of a Subdivision Application. The Sketch
Plan shall include the following information:
1) Name
and Address of owner or Subdivider.
2) Date
of plan preparation.
3) Scale
of plan (engineering scale only).
4) North
arrow indication.
5) Legal
Description.
6) Property
location map illustrating the site location relative to adjoining properties
and streets.
7) Scaled
drawing (engineering scale only) illustrating property boundaries.
8) Scaled
drawing of the proposed subdivision sketch plan including street patterns
and lot layout related to the natural features of the site, and adjoining
properties.
9) Densities.
10) Natural features.
A generalized drawing of natural features showing wetlands, lakes, drainage
ways, woodland areas and hydric soils.
11) Proposed timing
and staging of development.
12) Proof of ownership
or legal interest in the property in order to make application.
13) Additional information
as required by the Town through the Township Zoning Administrator or
Engineer.
(c) The Subdivider shall pay
all the expenses incurred by the Township for the review of the sketch
plan, to include but not be limited to the Engineer, Zoning Administrator,
Attorney and/or special meetings in the review of the Sketch Plan. The
fees as provided above shall be in addition to the Sketch Plan Application
Fee.
100:210 BUILD-OUT PLAN (GHOST PLAT)
(a) Application. A
build-out plan (ghost plat) consistent with this ordinance shall be
required for the following subdivision applications.
1.
Whenever a parcel of land is subdivided and the subdivision plat shows
one or more lots that may be eventually resubdivided into smaller lots.
2.
Cluster subdivisions or open space design subdivisions that preserve
open space for future development.
(b) Design Requirements.
The build-out plan (ghost plat) shall illustrate the following:
1.
Lot design consistent with the long range planning for the area (Comprehensive
Plan).
2.
The layout of future streets. Local streets shall be planned to provide
street connections to adjoining parcels, neighborhoods, or future developments
open spaces as a means of discouraging reliance on County and State roads
for local trips.
3.
Easement locations for utilities and storm water drainage.
4.
Location of buildings or structures on the lots to accommodate future
subdivisions.
(c) Procedure. The build-out
plan (ghost plat) shall follow the procedure outlined in this Ordinance.
100:212 PREPARING AND FILING THE PRELIMINARY
PLAT
(a) After the presentation
of the Sketch Plan to the Staff and Planning Commission and when the Subdivider
feels the Subdivider is ready to prepare the Preliminary Plat, the Subdivider
shall have the Subdivider's surveyor and/or engineer prepare one, which
is in conformity with the requirements of the Township Ordinances.
(b) The Subdivider shall complete
and file with the Township Clerk application forms as may be required.
At the time of filing, the Subdivider shall pay applicable fees and escrow
amounts as may be set by the Town Board. A fee escrow schedule may be
obtained from the Town Clerk. In addition, the Subdivider shall pay any
expense incurred by the Township for the services of the Town Engineer,
Attorney, Zoning Administrator and other staff in their review and/or preparation
of the Preliminary Plat Application Escrow as required by the Township.
(c) The Subdivider shall furnish
the Township Clerk with the requisite number legible copies as required
by the Town Clerk of the Application and Preliminary Plat at least fifteen
calendar (15) days prior to the Planning Commission meeting at which it
is to be considered.
100:215 PRELIMINARY PLAT REQUIREMENTS.
The Preliminary Plat submitted for approval shall contain the following:
(a) Identification and
Description.
1.
Proposed name of subdivision, which name shall not duplicate or be like
in pronunciation of the name of any plat previously recorded in the County.
2.
Legal description of the property.
3.
Name and address of the record owner, and any agent having control of
the land, Subdivider, land surveyor, engineer, and designer of the plan.
4.
Graphic scale not less than one (1) inch to one hundred (100) feet.
5.
North arrow and key map of area showing well-known geographical points
for orientation within one-half (1/2) mile radius.
6.
Date of preparation.
(b) Existing Conditions.
1.
Clearly labeled boundary lines of the proposed subdivision.
2.
Existing zoning classifications for land in and abutting the subdivision.
3.
Approximate total acreage.
4.
Location, right-of-way width, and names of existing or platted streets
or other public right-of-ways, parks, and other public lands, permanent
buildings and structures, easements and section lines, and corporate
district lines within the plat and to a distance of one-hundred (100)
feet beyond.
5.
Boundary lines of adjoining platted or subdivided land, within one-hundred
(100) feet, identified by name and ownership, but including all contiguous
land owned or controlled by the Subdivider.
6.
Topographic data, including contours at vertical intervals of at least
a maximum of two (2) feet or less intervals. Water courses, marshes, delineated
wetlands, rock outcrops, power transmission poles and lines, all existing
utilities and existing utility easements and other significant features
shall also be shown.
7.
At least one (1) permanent benchmark shall be shown within each subdivision
to be platted and the location and elevation of the benchmark shall
be shown on the Preliminary Plat. The Town may waive and/or change the
number of required benchmarks.
8.
A copy of all proposed private restrictions shall be submitted.
9.
An accurate soil report describing soil conditions, permeability, and
slope.
(c) Subdivision Design Features.
1.
Layout of proposed streets, showing right-of-way widths, centerline
gradients, typical cross sections, and proposed names of streets. Street
names shall conform to the name and numbering system in use by Mille
Lacs County. Street names previously used in the Town County shall not
be used again unless they are logical extensions of existing streets.
2.
Locations and widths of proposed alleys, pedestrian ways and utility
easements.
3.
Lot sizes, layout, numbers, and preliminary dimensions of lots and blocks.
4.
Minimum front and back and side street building set-back lines in accordance
with current Ordinances.
5.
Location of proposed structures, driveways, percolation tests and soil
borings, if applicable, and two (2) suitable sites for individual septic
treatment systems with the method outlined for protecting the alternate
individual sewage treatment site for future areas unless community sewage
is being proposed.
6.
Areas, other than streets, alleys, pedestrian ways, and utility easements,
intended to be dedicated or reserved for public use, including the size
of such area or areas in acres.
7.
Grading and drainage, soil erosion and sediment control plans with drainage
calculations and drainage and stormwater facilities.
8.
A street plan with profile showing gradients and conforming to current
Town road standards.
9.
Plans for the installation of electricity, street lights, telephone,
and gas.
10.
Proposed easements for drainage, slope protection, and protection of wetlands
and waterbodies, including stormwater retention areas and easements of
the installation of utilities.
11.
Park dedication areas, including the size in acres.
(d) Other Information.
Upon request by the Town Board, the Subdivider shall also provide:
1.
A detailed statement of the proposed use of lots stating type of residential
buildings with the number of proposed dwelling units or type of business
or industry so as to reveal the proposed subdivision's potential effect
or impact on public facilities, utilities and services, including, but
not limited to, the following:
a. Streets;
b. Law Enforcement;
c. Ambulance/emergency services;
d. Fire protection;
e. Schools; and
f. Utilities.
2.
The source of water supply, sewage disposal, storm water drainage system,
including proposed location, size and gradient of proposed sewer lines
and water mains, and other supporting data as may be required by the
Town Engineer, Zoning Administrator, Town Board or Planning Commission.
3.
A vegetation preservation and protection plan showing those trees proposed
to be removed, those to remain, and the types and locations of the trees
and other vegetation that are to be planted.
4.
If any zoning changes are contemplated, the proposed zoning plan for
the areas.. If any such zoning changes are contemplated they may be applied
for by the Subdivider concurrently with the Plat as provided in this ordinance
herein. The Subdivider shall pay any and all extra costs associated with
any such zoning change.
5.
Other information as may be requested by the Engineer or Planning Commission.
6.
Where the Subdivider owns property adjacent to that which is being proposed
for the subdivision, the Town Board may require that the Subdivider
submit a build-out plan (ghost plat), as provided in Section 100:210,
of the remainder of the property so as to depict the possible relationships
between the proposed subdivision and future subdivision. In any event,
all subdivisions must be shown to relate well with existing or potential
adjacent subdivisions and land use.
(e) Environmental Requirements. It shall be the Subdivider's responsibility to comply with any and all Minnesota statutes and regulations related to Environmental Assessment Worksheets and Environmental Impact Statements. The Subdivider shall be responsible for all costs incurred by the Township connected with review and enforcement of environmental laws, rules and regulations.
100:220 REVIEW
OF THE PRELIMINARY PLAT.
(a) The Township Clerk shall, upon
receipt of the Preliminary Plat and application, send five (5) copies
of the plat and application to the Town Board, seven (7) copies of the
plat to the Planning Commission, and two (2) copies to the Engineer and
two (2) copies to the Zoning Administrator. .
(b) If the proposed subdivision
abuts any State Trunk Highway, the Zoning Administrator, the Township
Clerk shall also refer one (1) copy to the Minnesota District Highway
Headquarters for review as required by State Law; if it adjoins a public
body of water one (1) copy shall be referred to the Commissioner of Natural
Resources for review and one (1) copy to the Watershed District Board.
(c) The Township Engineer
and Zoning Administrator shall submit reports to the Planning Commission
expressing recommendation for approval, disapproval, or revision of the
Preliminary Plat.
(d) Within forty-five (45)
days after the Preliminary Plat is filed with the Township Clerk, the
Planning Commission shall hold a public hearing on the Plat. Notice of
the purpose, time, and place of such public hearing shall be published
in the official newspaper one (1) time at least ten (10) days prior to
the day of hearing. The Subdivider shall furnish the Clerk with the names
and mailing addresses of owners of all lands within three-hundred fifty
(350) feet of the boundaries of the Preliminary Plat and the Township
Clerk shall mail notice of said hearing to said owners at least ten (10)
days prior to the day of said hearing, although failure of any property
owner to receive such notification shall not invalidate the proceedings.
(e) The Subdivider and/or
the Subdivider's representatives shall appear before the Planning Commission
at the public hearing, in order to answer questions concerning the Preliminary
Plat.
(f) The report of the Planning
Commission shall be submitted to the Town Board not later than ten (10)
days prior to the next Town Board meeting after the public hearing on the
Preliminary Plat. Upon the close of the public hearing and during the
Planning Commission Meeting, the Planning Commission shall make and enter
findings from the record and conclusions thereof as to whether or not:
1.
Adequate provisions are made for drainage ways, streets, water supplies,
waste disposal systems, adequate public improvements or other assurances
of construction.
2.
The proposed subdivision contributes to the orderly development and
land use patterns in the area.
3.
The public use and interest will be served by permitting the proposed
subdivision.
4.
The proposed subdivision conforms to the general comprehensive plan
and zoning requirements.
5.
The proposed subdivision conforms to the general purpose of any applicable
policies or plans which have been adopted by the Town Board.
6.
The proposed subdivision conforms to the general purpose of this Ordinance.
(g) The Town Board shall act
to approve or disapprove the Preliminary Plat within the one-hundred
twenty (120) days from the date when the Subdivider first submits the
complete application together with all items required by this ordinance
to the Town Clerk unless the Town Board grants an extension with agreement
of the applicant. Approval of the Preliminary Plat shall be by passage
upon a simple majority vote of the Town Board.
(h) Approval of the Preliminary
Plat is an acceptance of the general layout and indication to the Subdivider
that they may proceed toward fulfilling the necessary steps for approval
of the Final Plat subject to any conditions imposed by the Town Board.
Such approval does not constitute final acceptance of the subdivision.
(i) The Town Board may require
modifications, changes, and revisions of the plat, as it deems necessary
to meet the Town Ordinances. Should the Subdivider desire to amend an
approved Preliminary Plat, he may submit an amended plat which shall follow
the same procedure as a new plat, except for the public hearing and fees,
unless the amendment is in the opinion of the Town Board of such scope as
to constitute a new plat, then it shall have a new Preliminary Plat application
process initiated and be re-filed.
(j) If the Preliminary Plat is not approved by the Town Board, the reasons for such action shall be recorded in the minutes of the meeting.
100:240 PREPARING AND FILING THE FINAL PLAT.
(a) After approval of the
Preliminary Plat, the Final Plat, Final Vegetation Preservation Plan, Final
Erosion Control Plan, Final Grading and Drainage Plan, Final Street Plan
or any other plan as may be required by the Engineer, Attorney, Zoning Administrator,
Town Board or Planning Commission may be prepared. These plan shall conform
to and include all information contained in the approved Preliminary Plat
and shall incorporate all changes, modifications, and revisions required.
It may also incorporate changes from the Preliminary Plat, which the Subdivider
may desire if the Town Board in its sole discretion finds to be immaterial
deviations from the approved Preliminary Plat. The Subdivider shall
notify the Town Board in writing specifically detailing any and all
changes and deviations from the Preliminary Plat.
(b) In the case of large subdivisions,
to be developed in stages, the Subdivider may be granted permission
to prepare a plat for only the portion of the approved plat, which he
proposes to develop at this time, provided such portion conforms with
all the requirements of these regulations. The Subdivider may be required,
as a condition of approval, to submit an estimated time schedule for
further phasing of the Final Platting and recording.
(c) All plats shall comply with the
provisions of Minnesota State Statutes and the requirements of this
Code.
(d) The Subdivider shall file
eighteen (18) copies of the Final Plat with the Zoning Administrator
Township Clerk not later than six (6) months after the date of approval
of the Preliminary Plat. If this is not done, the approval of the Preliminary
Plat will be considered void unless an extension is requested by the Subdivider
and granted in writing by the Town Board.
(e) The Subdivider shall submit
with the Final Plat along with any unrecorded documents and a title commitment
by a licensed title insurance agent to the Township Attorney running to
the Township of Princeton.
(f) The developer's surveyor
must also furnish those items (section corner ties for approval, section
closure, etc.) as required by the Mille Lacs County Subdivision ordinance
as well as any other information that is deemed necessary by the Township
Board or staff.
100:250 REVIEW OF THE FINAL PLAT.
(a) The Township Clerk shall, upon
receipt of the Final Plat, refer five (5) copies copies to the Town Board;
three (3) copies to the Town Engineer; two (2) copies to the Zoning Administrator;
seven (7) copies to the Planning Commission; and one (1) copy, with
the title commitment by a licensed title insurance agent running to the
Township of Princeton to the Township Attorney.
(b) The Zoning Administrator,
Engineer and Attorney shall submit a report to the Planning Commission
within fifteen (15) days upon receipt of the Final Plat or at the next
regular meeting of the Planning Commission, whichever period is later,
expressing their recommendation on the Final Plat.
(c) The Planning Commission
shall review the Final Plat and provide a report and recommendation to
the Town Board.
(d) The Town Board shall take
action on the plat within sixty (60) days after the Final Plat is filed
with the Township Clerk unless the Town Board grants a sixty (60) day
extension by written notice to the Subdivider. If the plat is not approved,
the reasons for such action shall be recorded in the official minutes
of the meeting.
(e) Prior to Final Plat approval
Township and Subdivider shall enter into a "Developer's Agreement." It
shall contain conditions and requirements which the Town Board determines
are reasonable to further the common good of the Town. The Subdivider shall,
immediately upon recording, furnish the Town Clerk with a reproducible
copy, either cron-aflex or its equivalent, of the recorded plat and two prints.
Failure to furnish such copies shall be grounds for refusal to issue permits
for the lots within the plat.
(f) After the Township approves
and executes the Final Plat the Subdivider shall then record it with
the County Recorder within one-hundred eighty (180) days or the approved
plat shall be considered void.
(g) Upon receiving approval of a Final Plat for a portion of the Preliminary Plat the Subdivider shall not be required to request a continuation of the recognition of the Preliminary Plat so as to maintain its approval except that in the event a zoning amendment is adopted which requires a larger minimum lot size for land not yet platted and recorded, the larger minimum lot size may be required for any additional platting.
100:320 FINAL PLAT REQUIREMENTS.
(a) The Final Plat shall be prepared by a land surveyor who is registered in the State of Minnesota and shall comply with the provisions of Minnesota State Statutes and of this regulation.100:330 FEES AND
COSTS. In addition to the standard fee required by the
Town Board for consideration of plats, the Subdivider shall pay any and
all expenses incurred by the Township for the services of the Engineer,
Zoning Administrator and Attorney in their review of the Preliminary Plat
and Final Plat. The Subdivider (owner or developer), on or before submitting
a Preliminary Plat, shall make a cash deposit in an amount as determined
by resolution of the Town Board which shall be available in the form of
a published schedule. This deposit shall be held in a special Subdivider's
Escrow Account and shall be credited to the Subdivider, owner, or developer.
The Township reserves the right to require that the Subdivider deposit additional
funds in an amount as determined by the Township Board in the special
Subdivider's Escrow Account if the Subdivider's Escrow Account is depleted
below twenty-five percent of the original balance of said Escrow Account.
Engineering, administrative and legal expenses incurred by Princeton Township
in checking plat improvements, giving notice, holding hearings, checking
and setting grade and drainage requirements, general supervision, staking,
inspection, drafting as-built drawings and all other engineering services
performed in the processing of said improvement and plats, administrative
and legal expenses in examining title to the property being developed
shall be charged to the aforementioned account. The Township Engineer,
Zoning Administrator and Township Attorney shall itemize all times, services,
and materials billed to any Subdivider's Escrow Account and said time,
services and materials shall be in accordance with the rules, regulations
and fees as promulgated and adopted by the Town Board. The Subdivider,
owner or developer making the deposit in the Subdivider's Escrow Account
shall be furnished a copy of said itemized charges and any balance remaining
in the account shall be returned to the depositor by the Township Clerk
after all claims and charges thereto have been paid. If said deposit is
not sufficient to pay any and all expenses incurred by the Township for
the services of the Township's Engineer, Zoning Administrator and Attorney,
the Subdivider shall be responsible for payment of any and all excesses
prior to any final approval of the Plat.
100:400 SUBDIVISION DESIGN STANDARDS.
(a) General Requirements.. 1.
The Planning Commission, in its review of the preliminary plat, will
take into consideration the requirements of the community and the best
use of the land being subdivided. No preliminary plat will be approved
if it does not comply with all of the Town Ordinances or plans, to include
but not be limited to the following (if then adopted):
i. Comprehensive Plan;
ii. Transportation Plan
iii. Park and Recreation Plans;
iv. Zoning Ordinance/Zoning Map;
v. Stormwater Management Ordinance;
vi. Individual Septic Treatment System Ordinance;
vii. Right-of-way Ordinance;
viii. Capital Improvement Plan;
ix. Nuisance Ordinance.
2.
No preliminary plat will be approved for subdivision which includes
an area of poor facilities that would render inadequate the streets or
building site proposed by reason of such plat, unless the Subdivider agrees
to make improvements which will, in the opinion of the Town Engineer,
make such areas completely usable and safe for occupancy and provide for
adequate street and lot drainage, sewer systems, and feeder road systems.
3. The arrangement, character, extent, width and location of all streets shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Wherever possible, the arrangement of streets in new subdivisions shall provide for the continuation of existing streets in adjoining areas. Where adjoining unsubdivided areas may be subdivided, the arrangement of streets in a new subdivision shall make provision for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations.
4. The Town Board reserves the right to deny approval of a subdivision if the subdivision is not designed to minimize impacts on natural features such as large trees, water courses, scenic points, historical spots and similar community assets which, if preserved, will add attractiveness and stability to the proposed development of the property.
(b) Lot Requirements.
1. Location - All lots shall abut and have direct access to a street. The Town may establish different access width requirements for specific lots based on lot location and shape, needs created by the permitted use and traffic volumes and patterns proximate thereto.
2. Size - Lot dimensions shall comply with minimum lot area and other dimensional requirements specified in Zoning Ordinance.
3. Side Lot Lines - Side lines of lots shall be substantially at right angles to the right-of-way lines or substantially radial to curved street right-of-way lines.
4. Drainage - Lots shall be graded so as to provide drainage away from building locations.
5. Natural Amenities - Lots shall be placed to preserve and protect natural amenities, such as vegetation, wetlands, steep slopes, water courses and historic areas.
6. Lot Remnants - All remnants of property less than minimum lot size remaining after the subdivision of a larger tract must be added to adjacent lots rather than be allowed to remain as unusable parcels.
7. Building Sites - Each lot shall provide an adequate building site at least one (1) foot above the street grade or have a site drainage plan which is approved by the Town Engineer.
8. Through Lots - Through lots (lots with frontage on two parallel streets) or lots with reverse frontage (a through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts) shall not be permitted except where lots back on an arterial or collector street. The Subdivider shall screen plant and/or construct a berm along the rear lot line to the specifications and requirements of the Town Board so to provide adequate screening of the development from the roadway. The trees that are planted as provided herein shall be a combination of evergreens that are no less than 6 feet in height and deciduous trees that are no less that two and one-half inches in caliper. Subdivider shall provide to the Township Clerk a written notice as to the date said trees were planted to commence the warranty period as provided herein. The written notice to the Township Clerk shall be provided within 30 calendar days of the tree plantings. If a tree should die, the Subdivider, at the Subdivider's cost, shall replace said tree with a tree of equal or greater value.
9. Water Course - Lots abutting upon a water course, drainage-way, drainage easement, channel or stream shall have additional depth or width, as required to assure building sites that are not subject to flooding.
10. Access to Thoroughfares - In the case where a proposed plat is adjacent to a limited access highway, other major highway, or thoroughfare, there shall be no direct vehicular access from individual lots to such streets and roads. In the platting of small tracts of land fronting on limited access highways or thoroughfares where there is no other alternative, a temporary entrance may be granted, as neighboring land becomes subdivided and more preferable access arrangements become possible, such temporary access permits shall become void. Traffic controls may be required at the intersections of any street, thoroughfare, and/or highway when, in the opinion of the Township Engineer, existing and/or future traffic and/or pedestrian volume may reasonably warrant.
100:412 Street Requirements. Proposed streets shall conform to all State and County road plans as have been prepared, adopted and/or filed as prescribed by law. Town roads shall conform to the “Township Road Construction Standards” or as specified herein.
1. Right-of-Way Requirements - Street right-of-way widths shall be as determined in the Comprehensive Development Plan and official map, if adopted, and, where applicable, shall conform to County and State standards for trunk highways. If there are no such plans or standards, right-of-way widths shall conform to the following minimum dimensions:
| Street | Right-of-Way Width |
| Arterial | 100 feet |
| Collector | 80 feet |
| Minor Street | 66 feet |
| Cul-de-sac Turnaround Radius | 60 feet |
2. Street Intersections - Insofar as practical, streets shall intersect at right angles. In no case shall the angle formed by the intersection of two streets be less than seventy-five (75) degrees. Intersections having more than four (4) corners shall be prohibited.
3. Deflections - When connecting street lines deflect from each other at one point by more than ten (10) degrees they shall be connected by a curve with a radius adequate to ensure a sight distance within the right-of-way which provides for safe stopping sight distance.
4. Corner Radii For Roadways - Roadways of street intersections shall be rounded by a radius of not less than thirty (30) feet if curb and gutter is not constructed. If curb and gutter is constructed , roadways of street intersections shall be rounded by a radius of not less than twenty (20) feet.
5. Street Jogs - Street jogs with centerline offsets of less than one-hundred fifty (150) feet shall be avoided for minor streets.
6. Minor Streets - Minor streets shall be designed to discourage use by through traffic.
7. Cul-de-sacs - The maximum length of a street terminating in a cul-de-sac shall be one-thousand four-hundred (1400) feet, measured from the centerline of the street of origin to the center of the cul-de-sac.
8. Temporary Cul-de-sacs
- In those instances where a street is terminated pending future extension
in conjunction with future subdivision and there is more than two hundred
(200) feet between the dead-end and the nearest intersection, temporary
turn around facility shall be provided at the closed end, in conformance
with cul-de-sac requirements. This temporary cul-de-sac must be placed
inside a temporary easement if it is located outside the street right-of-way
and shall be constructed according to the typical cul-de-sac according
to the Township Road standards or as approved by the Town Engineer. A
financial guarantee will be required for removal or restoration as determined
by the Town Board.
9. Dead End Streets
- Dead-end streets, other than cul-de-sacs, shall not be permitted.
10. Half Streets - Half streets shall be prohibited..
11. Private Streets - Private streets may be approved only if the Town determines that:
a. Private ownership will not adversely impact public health, safety and welfare.
b. The design is in compliance with appropriate engineering standards and requirements.
c. A permanent and satisfactory street maintenance agreement, association document (if applicable), and financial assurances exist ensuring that Town maintenance will not be required.
d. A permanent and sufficient right of access to all users is provided.
12. Hardship To Owners Of Adjoining Property – Street arrangements for the proposed subdivision shall not cause undue hardship to owners of adjoining property in subdividing their own land and providing convenient access to it.
13. Dedication - All
proposed streets shown on the plat shall be in conformity with the Comprehensive
Development Plan and County Comprehensive Plans and shall be dedicated as
public streets.
14. Paving
- All streets and driveways shall be improved with bituminous or concrete
surface. Streets shall be constructed for nine-ton axle weight
capacity and shall be constructed according to the Township road construction
standards and specifications.
15. Concrete Curb
and Gutter - Concrete curb and gutter shall be required for all streets
in a subdivision and/or plat in Residential Zoning, Rural Residential
Zoning and/or Commercial Zoning in which more that 75% of all lots of
said subdivision and/or plat are less than 150% of the minimum lot size
as is required for that zone.
16. Landscaping
of the right-of-way shoulders. Topsoil shall be distributed to
provide at least four (4) inches of cover to all areas distributed between
the right-of-way limits and shoulders and shall be established by seeding
and mulching or planting.
17. Obstructions
in the Right-of-Way. No structures, such as retaining walls, etc,
are permitted in the right-of-way.
18. Street Signs.
Street signs of standard design approved by the Township shall
be installed at each street intersection. The cost of posting of
all street signs or markings shall be the responsibility of the Subdivider/owner
and shall be installed prior to release of the escrow or bank letter of
credit. Such signs will be installed by the developer.
100:414 Block Design.
1. Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lots required in the area by the Town Zoning Code and to provide for convenient access, circulation control, and safety of street traffic.
2. In residential areas, other than water frontage, blocks shall be not less than six-hundred (600) feet nor more than one-thousand eight-hundred (1800) feet in length measured along the greatest dimension of the enclosed block area, unless minor variance are necessitated by topography or conformance with an adjoining plat.
3. Blocks for commercial and industrial areas may vary from the elements of design contained in this section if the nature of the use requires other treatment. In such cases, off-street parking from employees and customers shall be provided along with safe and convenient limited access to the street system. Space for off-street loading shall also be provided with similar access. Extension of road and utilities shall be provided as necessary.
4. Blocks shall be wide enough to allow two (2) tiers of lots with a minimum depth as required by the Princeton Township Zoning Code except adjoining a lake, stream, or thoroughfare or where one (1) tier of lots is necessary because of topographic conditions.
100:415 Sewage Disposal. Construction, location, design and inspection of all individual sewage treatment systems within the Town shall be in accordance with Minnesota Pollution Control Agency Individual Sewage Treatment Systems Standards, Chapter 7080 et. seq. (hereinafter and heretofore referred to as Chapter 7080), as amended from time to time.
100:416 Drainage. The natural drainage system shall be used to the maximum extent feasible for the storage and flow of runoff. The design of the drainage system shall conform to the “Township Road Construction Standards”. The following requirements shall also apply:
1. Storm water drainage
facilities shall be designed to convey the flow of surface waters without
damage to persons or property. The system shall insure drainage
at all points along streets, and provide positive drainage away from building
and on-site waste disposal to accommodate frequent floods. Drainage
plans shall be consistent with local and regional drainage plans. The
facilities shall be designed to protect against surface erosion and siltation
of surface water and to prevent the discharge of excess runoff onto adjacent
properties.
2. All developments
are responsible for control of surface or storm water to equal or improve
pre-development conditions. Developmental drainage systems shall
be provided that accept flow from upstream areas, that control, convey,
and pond developmental runoff, that limit outflow to the natural pre-development
rate, and that do not have detrimental impacts on downstream properties.
All pipe conveyance shall be to ten (10) year design return frequency.
Flood protection shall be provided for one-hundred (100) year design
return frequency. All ponding, detention or retention shall be designed
for 100-year frequency storm condition with a positive outlet. Flood
protection for public and personal property shall be two feed above the
flood elevation to the lowest floor of the structure. All storm runoff
shall be calculated by the Soil Conservation Service Method.
3. Storm water runoff shall be discharged to marsh lands, swamps, retention basins or other treatment facilities. Marsh lands and swamps used for storm water shall provide for natural or artificial water level control.
4. No existing ditch, stream, drain or drainage canal shall be deepened, widened, rerouted or filled without review and approval by the Governing Agencies.
5. Quality of storm water runoff and water infiltrated to the water table shall remain undisturbed, to the maximum extent feasible, by development of the subdivision.
6. The drainage system
shall be constructed and operational as part of the first stage of
development and construction.
100:417 EROSION AND SEDIMENT
CONTROL. Best management practices as defined by the MPCA shall
be applied in the subdivision and development of land areas:
1. The Developer
shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP)
in accordance to the general permit associated with construction activity
under the National Pollutant Discharge Elimination System (NPDES) as
authorized by the Minnesota Pollution Control Agency (MPCA).
2. The NPDES permit
shall be obtained and provided to the Town Clerk prior to the start of
any construction activity which disturbs 1.0 acres or more of land area.
100:418 SIDEWALKS, PEDESTRIAN
WAYS, AND BICYCLE PATHS AND TRAIL AND PARK DEDICATION FEES.
1. Sidewalks,
pedestrian ways, and/or bicycle paths shall be required and be dedicated
to the Township. The Town Board may waive all or part of this requirement
if such a dedication is not in the best interest of the Township.
2. Sidewalks,
pedestrian ways and bicycle paths shall be constructed in accordance with
the specifications in the Town's transportation plan and/or park and recreation
plans or as approved by the Town Engineer. The sidewalks, pedestrian
ways and bicycle paths shall be constructed in such a manner to provide access
to and from adjacent developments or future developments. Proposed
designs of sidewalks, pedestrian ways, and bicycle paths will be subject
to the approval of the Town Board. Sidewalks are defined as those walkways
adjacent to traveled roadways.
3. The Subdivider
shall pay a Trail and Park Dedication Fee as is established from time
to time by ordinance of the Town Board. Such fees shall be payable
to the Town prior to execution of signatures by Township officials on the
final plat mylars. The Trail and Park Dedication Fee may be reduced
to credit a Subdivider for pedestrian ways and bicycle paths required under
this section. The decision to reduce the Trail and Park Dedication
Fee, the amount and the method of valuation shall be at the Town Board's
sole discretion.
100:419 UTILITIES. Prior to any new road construction or subdivision approval, written preliminary approval must be included from all applicable utility services. Any plat plan, subdivision plan or town road construction plans must include underground service systems. No arial utility systems shall be allowed to be constructed.
100:450 IMPROVEMENTS REQUIRED.
1. Improvements Listed And Described. Prior to the approval of a Final Plat by the Town Board, the subdivider shall have agreed, in the manner set forth herein to install all improvements in conformity with approved construction plans and in conformity with all applicable standards and ordinances.
2. Payment For Installation Of Improvements. The improvements as listed elsewhere are to be furnished and installed at the sole expense of the subdivider. The Subdivider shall make a security deposit in the amount as specified in the Developer's Agreement for the cost of the improvements to be furnished under the contract.
100:454 Construction Plans, Specifications And Inspection.
1. Construction plans and specifications for the required improvements conforming in all respects with the standards and ordinances of the Township shall be prepared at the subdivider’s expense by a Professional Engineer who is registered in the State of Minnesota, and said plans shall contain his certificate. Such plans together with the quantities of construction items together with his estimate of total costs shall be submitted to the Township Engineer for his approval. Upon approval, such plans shall become a part of the required Developer's Agreement.
2. All required improvements on the site that are to be installed under the provisions of this regulation shall be inspected during the course of construction by the Township Engineer at the subdivider’s expense.
100:500 EASEMENTS. All easements shall be dedicated by appropriate language on the plat as required by law and in accordance with the following:
1. Provided For Utilities. Easements at least five (5) feet wide, along rear and side lot lines and ten (10) feet wide along front lot lines, shall be provided for utilities. They shall have continuity of alignment from block to block. No fences, improvements, other structures, or plantings other than grass can be placed in a utility easement where it will interfere with the maintenance of said utilities as determined by the Building and Zoning Administrator. If removal of a fence, other structure, or planting is necessitated for maintenance of utilities, the cost of removal and replacement is the responsibility of the affected property owner.
2. Provided For Drainage. Easements shall be provided along each side of the center line of any water course or drainage channel, to a width sufficient to provide proper maintenance and protection. Where necessary, drainage easements corresponding to lot lines shall be provided. Such easements for drainage purposes shall not be less than twenty (20) feet in width. Easements shall be provided around drainage ponds to encompass high water elevation.
100:510 COMPLIANCE WITH STATE WETLAND CONSERVATION ACT. The Subdivider shall provide proof of compliance with the State Wetland Conservation Act.
100:601 No conveyance of land to which the regulations of this Subdivision Ordinance are applicable shall be filed or recorded if the land is described in the conveyance by metes or bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after such regulations become effective. The foregoing provision does not apply to a conveyance if the land described:
1. was a separate parcel or record April 1, 1945, or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later, or
2. was a separate parcel of not less than two and one-half (2 ½) acres in area and one- hundred (150) feet in width on January 1, 1966, or
3. was a separate parcel of not less than five (5) acres in area and three-hundred (300) feet in width on July 1, 1980, or
4. is a single parcel of commercial or industrial land of not less than five (5) acres and having a width of not less than three-hundred (300) feet and its conveyance does not result in the division or the parcel into two (2) or more lots or parcels, any one of which is less than five (5) acres in area or three-hundred (300) feet in width, or
5. is a single parcel
of residential or agricultural land of not less than twenty (20) acres
and having a width of not less than five-hundred (500) feet and its
conveyance does not result in the division of the parcel into two
(2) or more lots or parcels, any one (1) of which is less than twenty
(20) acres in area or five hundred (500) feet in width.
6. All approved landspilits must
be recorded with Mille Lacs County winthin sixty (60) days of approval or
they will become void.
In any case in which compliance with the foregoing restrictions will
create an unnecessary hardship and failure to comply does not interfere
with the purpose of the subdivision regulations, the Town Board may waive
such compliance by adoption of a resolution to that effect and the conveyance
may then be filed or recorded. Any owner or agent of the owner of
land who conveys a lot or parcel in violation of the provisions of this
subdivision shall forfeit and pay to the Township a penalty of not less
than one-hundred (100) dollars for each lot or parcel so conveyed.
The Town Board may enjoin such conveyance or may recover such penalty
by a civil action in any court of competent jurisdiction.
100:650
BUILDING PERMITS. No building permit shall be issued for any
construction, enlargement, alteration, or repair, demolition or moving
of any building or structure on any lot or parcel until all requirements
of this ordinance and regulation have been fully met.
100:651 Violation And Penalties. Any person, firm or corporation violating any of the provisions of the code shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred (500) dollars or by imprisonment not to exceed ninety (90) days or both for each offense. Each day a violation is permitted to exist shall constitute a separate offense.
100:652 Equitable Relief.
Any violation of this ordinance shall be forthwith subject to both
temporary and permanent restraint and injunction; all costs of any
such equitable proceeding, including a reasonable attorney's fee, shall
be assessed by the Court against the violator.
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