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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.

100:200     PLATTING PROCEDURE.

100:204     SIMPLE PLATS

        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.

    (b)    Form for approval by the Planning Commission. Approval of the Final Plat by the Planning Commission shall bear the following certification:

            Approved by the Planning Commission of the Township of Princeton, Minnesota, this _____ day of ________ , 20___   

            Signed: _________________________________  Attest: ____________________________   
                        Chairman                                                                Secretary

    (c)    Form for approval by the Town Board. Approval of the Final Plat by the Town Board shall bear the following certification:

            Approved by the Princeton Town Board this _________ day of ___________ , 20___

            Signed: _______________________________________________    Chairman, Town Board of Supervisors

            Attest:  _______________________________________________     Township Clerk

    (d)    The Developer shall provide a copy of the final plat which shall be reviewed by the County Surveyor for compliance with M.S.A Ch. 505, as amended, together with the provisions of this ordinance and applicable sections of the County's Ordinance. The County Surveyor may charge a fee for this service, said fee to be the same as is allowed by the County's Subdivision Ordinance.

    (e)    Monuments. Monuments of a permanent character as required by M.S.A. Ch. 505 shall be placed at each corner or angle on the outside boundary of the subdivision; pipes or steel roads shall be placed at each corner of each lot and at each angle in a lot line or the plat boundary.

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.

100:600      METES AND BOUNDS.

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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Reviewed 9/25/08