§ 220-17. Purpose.

All subdivisions of land hereafter submitted for approval shall fully comply, in all respects, with the regulations set forth herein. It is the purpose of these regulations to:

A. Encourage well-planned, efficient and attractive subdivisions by establishing adequate standards for design and construction.

B. Provide for the health and safety of residents by requiring the necessary services, such as properly designed streets and adequate sewage and water service.

C. Place the cost of improvements against those benefiting from their construction.

D. Secure the rights of the public with respect to public lands and waters.

§ 220-18. Scope and legal authority.

A. The rules and regulations governing plats and subdivisions of land contained herein shall apply within the community and other land as permitted by state statutes.

B. In the event of overlapping jurisdiction within the prescribed area, the extent of jurisdiction shall be determined and agreed upon between this community and the other municipality or municipalities concerned.

C. Except in the case of resubdivisions, this article 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 chapter, nor is it intended by this article to repeal, annul or in any way impair or interfere with existing provisions of laws or ordinances, except those specifically repealed by or in conflict with this article or with restrictive covenants running with the land.

D. Where this article imposes a greater restriction upon the land as imposed or required by such existing provisions of law, ordinance or contract for deed, the provisions of this article shall control.

§ 220-19. Amendments.

The provisions of this article may be amended by the Kellogg City Council.

§ 220-20. Authority.

This article shall be administrated by the Kellogg City Council or any commission which it may designate.

§ 220-21. Definitions and word usage.

A. Words used in the present tense include the past and future tense; the singular number includes the plural and the plural includes the singular; the word "shall" is mandatory, and the words "should" and "may" are permissive.

B. In the event of conflicting provisions in the text of this regulation, the more restrictive shall apply.

C. As used in this article, the following terms shall have the meanings indicated:

ENGINEER

The City Engineer or other engineer retained by the City Council for engineering services in connection with subdivision plats, including establishment of grades, preparation of standards and specifications for improvements required to be installed by subdividers, and checking plats and surveys for accuracy.

SUBDIVIDER

Any person, firm, corporation, partnership or association who causes land to be divided, platted or planned into a subdivision for himself or others.

SUBDIVISION

See definition in § 220-9. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-22. Authority of Council and Planning Commission.

A. The City Council is the ultimate platting authority in administration of this article and shall finally approve all plats and land subdivisions.

B. The City Planning Commission shall function in an advisory capacity to assist the Council in the review of plats and the administration of this article and to exercise the powers and duties granted it herein.

§ 220-23. Requirement to conform.

Hereafter, before approval, all land subdivisions, as defined herein, shall be subject to and shall conform to these regulations, including but not necessarily limited to those adopted by the City Council, including the City land use plan, community facility plan, major thoroughfare plan, official map, zoning plan, utility plan and others.

§ 220-24. Summary of plat approval procedures.

The principal steps to be taken by subdividers in preparing subdivision plats and securing approval are those enumerated hereafter in this and in following sections:

A. Consult with the City Zoning Administrator and/or the City Clerk/Treasurer concerning platting requirements, including conformity with City plans and regulations and improvements required to be installed by subdividers.

B. Prepare a preliminary plat according to the requirements of § 220-27 and other sections hereof and file copies of the plat and accompanying data with the City Zoning Administrator and/or City Clerk/Treasurer with the prescribed filing fee.

C. Receive the results of Planning Commission action on the plat. The Commission will give tentative approval or give disapproval of the plat, indicating changes to be made in preparing an acceptable final plat and the methods which may be employed by the subdivider to assure satisfaction of requirements, according to § 220-28 hereof.

D. Have the subdivision survey completed and finally staked and monumented by a registered land surveyor and a final plat prepared in conformity with the approved preliminary plat and with other provisions of law and the requirements herein.

E. File the final plat and required accompanying data with the City Clerk/Treasurer for review by the Planning Commission and the City Council. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) If satisfactory, the final plat will be approved and a certificate of such approval endorsed on the plat.

(2) The Planning Commission will hold a public hearing not less than 10 days and not more than 30 days from published notice of such hearing, before action on a final plat. Editor's Note: See Ch. 21, Hearings.

(3) The City Council, if it deems indicated, may call an additional public hearing or hearings.

F. File a positive transparent reproduction and two dark-line prints of the approved final plat with the City Clerk/Treasurer, together with such additional reproductions and items as may be required by these and all other rules and regulations applicable.

G. File the approved plat with the County Recorder and the County Auditor in the form required by law, with certified copies of the resolution of the City Council approving it.

§ 220-25. Design standards for land subdivisions.

A. A preliminary plat and a final plat shall be in conformity with such of the following design standards as are applicable, such standards being established for the purpose of guiding and accomplishing a coordinated, well adjusted and harmonious City of Kellogg and its environs which will, in keeping with existing and future needs, best promote the public health, safety, order, convenience and general welfare and efficiency and economy in the development of urban services and facilities. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. The following design standards are hereby established, subject to such variances as the Planning Commission may recommend and as may be approved by the City Council as provided in § 220-37 hereof:

(1) General layout, street pattern, proposed private and public areas and uses shall conform to City plans and regulations, county and state highway plans and other applicable plans, to these regulations and to other applicable law.

(2) Where not indicated on plans of such facilities, widths of highways, streets and roads shall be not less than the following:

(a) Major arterial street and primary county highways: 100 feet.

(b) Collector streets, including principal business and industrial streets: 80 feet.

(c) Local business and industrial streets: 66 feet.

(d) Collector streets in residential areas: 66 feet.

(e) Secondary county roads: 66 feet.

(f) Local residential streets and roads: 60 feet.

(g) Alleys, when provided: not less than 20 feet.

(3) Street and road intersections shall be as nearly at right angles as possible.

(4) Street and alley grades, where not previously established, shall be as set or determined by the Engineer, subject to final approval by City Council.

(5) Dead-end streets shall be no longer than 500 feet, with a turnaround at the closed end, having property line and outside-of-roadway diameters of not less than 100 feet and 80 feet, respectively. Another form may be substituted for a circular form as may be recommended by the Planning Commission and subject to final approval by the City Council.

(6) Jogs in streets are permissible only when unavoidable and only when the center lines of the two portions of the street are offset by 125 feet or more.

(7) Alleys may be required by the City Council to serve lots used for other than single-family dwellings. The general policy of the Planning Commission and the City Council shall be to generally disfavor alleys.

(8) Street names shall be subject to City Council approval.

(9) Block lengths shall not exceed 1,320 feet and, if possible, shall not be less than 600 feet in length.

(a) In blocks longer than 600 feet, a pedestrianway with a minimum right-of-way of 12 feet may, at the City Council's option, be required near the center of the block. The use of additional walkways and accessways to schools, parks, scenic points and other destinations may also be required. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(b) A block shall be so designated as to provide two tiers of lots of appropriate depth unless it adjoins a railroad, highway or arterial street and unless the rear lot line abuts a different land use, or topographic conditions necessitate a single tier of lots. In these cases, the lot depth shall be at least 25 feet greater than the minimum requirements.

(10) Each lot shall have general public street accessibility, including accessibility for firefighting, refuse collection and delivery purposes.

(11) Minimum lot areas and widths shall be as required by existing zoning and other regulations, plus whatever additional size may be found by the City Council to be required for sanitary water supply, sewage disposal and adequate drainage and flood control.

(12) Side lot lines shall be at right angles or radial to street lines, or as nearly so as is practically possible.

(13) Sizes of lots in blocks having proposed multiple-family dwellings, commercial, industrial, school, church and institutional uses shall be adequate for the principal use and all required accessory uses, including off-street parking and loading spaces and services areas for automobiles, trucks and buses.

(14) Reserve or so called "buffer" strips preventing access to and from streets shall not be used unless their control is with the City Council under conditions approved by the City Council.

(15) Tree removal and conservation of vegetation. All subdivisions shall be planned, designed, constructed and maintained so that:

(a) Existing healthy trees and native vegetation on the site are preserved to the maximum extent feasible and are protected by adequate means during construction.

(b) Existing vegetation is not disturbed, injured or removed prior to site development, except to the extent necessary to perform preliminary and final surveys.

(c) Following construction, vegetation suitable to the site should be encouraged to be planted. The Planning Commission shall approve the type or species of trees planted. Trees with root structures that are less likely to interfere with underground utilities, break up sidewalks and cause other nuisance damage are desirable.

(d) Existing trees shall be preserved within any right-of-way when said trees are suitably located, healthy and where final grading allows.

(e) No slash, dead trees or uprooted stumps shall remain after development.

(16) Erosion and sediment control. The following guidelines shall be applied in the subdivision and construction of land areas:

(a) The development shall conform to the natural limitations presented by topography and soil, so as to create the least potential for soil erosion.

(b) Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development, when necessary, to control erosion.

(c) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided for as construction progresses. The smallest practical area of land shall be exposed at any one period of time.

(d) When soil is exposed, the exposure shall be for the shortest feasible period of time.

(e) Where the topsoil is removed, sufficient arable soil shall be set aside for redistribution over the developed area. The soil shall be restored to a depth of four inches and shall be of a quality at least equal to the soil quality prior to development.

(17) Drainage. The natural drainage system shall be used, as far as is feasible, for the storage and flow of runoff. The following requirements shall also apply:

(a) Stormwater drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for stormwater drainage shall provide for natural or artificial water level control.

(b) No existing ditch, stream, drain or drainage canal shall be deepened, widened, filled, or rerouted without written permission from the City Council.

(c) Where artificial channels must be constructed to augment the natural drainage system, such channels, as well as the natural drainageways, may be planned as part of a recreation trail system.

(d) The drainage system shall be constructed and operational as quickly as possible during construction.

(18) Easements.

(a) All easements shall be dedicated by appropriate language on the plat as required by Minn. Stat. § 505.021. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[1] Easements of at least 12 feet wide centered on rear and other lot lines shall be provided for utilities where necessary. They shall have continuity of alignment from block to block.

[2] Easements shall be provided along each side of the center line of any watercourse or drainage channel, whether or not shown in the Comprehensive Plan, to a width sufficient to provide proper maintenance and projection, and to provide for stormwater runoff from a ten-year storm of one-hour duration.

(b) Where necessary, drainage easements corresponding with lot lines shall be provided. Such easements for drainage purposes shall not be less than 20 feet in width and shall be designed for adjacent property owners.

(19) Subdivision design shall be consistent with limitations presented by steep slopes. The subdivision shall be designed so that no construction or grading will be conducted on slopes steeper than 18% in grade.

§ 220-26. Required improvements.

A. As a condition of approval of a final plat and before any building permit can be issued on any lot or parcel of a land subdivision sold within the City of Kellogg, the subdivider shall install the following improvements at his own expense:

(1) Grade all streets, alleys and walks to specified grades and surface all streets and alleys with bitumen of a minimum five-ton design.

(2) Construct curbs, gutters and sidewalks when required.

(3) Install water mains, storm and sanitary sewers and additional drainage facilities when required.

(4) Erect street name signs.

B. Specifications for proposed improvements, including street grades, shall be according to standards and specifications recommended by the City Engineer and approved by the City Council.

C. The various improvements provided for in this section may be delayed or waived by City Council action upon good cause shown, but with regard to delayed improvements with the express undertaking by developer-secured bond or other equivalent security, approved by the City Council, to assure installations, at the developer's expense, of all hereinafter-enumerated improvements not specifically waived and which undertaking shall also precisely determine the time in which all installations shall be completed.

D. If any improvements described above are, by City Council action, not required to be installed by a developer as a prerequisite to approval of a final plat, and are accordingly delayed or waived, the City Council, in connection therewith, by resolution, shall specifically enumerate and describe the improvements to be delayed or waived, together with findings of fact deemed by the City Council to be justification for such waiver and delay.

E. Required installation of water mains and sanitary sewers may be waived by the City Council where extension of municipal water and sewer systems would be impractical at such time.

F. To cover the cost of such improvements not completed at the time of filing the final plat, the City Council may, by resolution with specific findings, for good cause shown, permit the subdivider to:

(1) Negotiate a contract secured by a cash deposit, certified check or a bond in an amount and with surety and conditions satisfactory to the City Council to assure the City that such improvements and utilities will actually be constructed and installed according to the specifications approved by the City Council, and consistent with the undertaking by the developer provided for hereinbefore.

(2) Petition the City Council to install such improvements, the entire cost to be levied and certified as a special assessment of such payments as specified by the City Council, and to agree, in writing, that between the time of such petition and the time of the certifications of the special assessment to the County Auditor, there will be no transfer of ownership of any part of the property being platted without first depositing with the City an amount sufficient to cover the estimated portion of such assessment applicable to the lot or parcel of land being transferred.

§ 220-27. Preliminary plat requirements.

A preliminary plat shall be clearly and legibly drawn on tracing paper or tracing cloth of good quality, the same size as used for the final plat. It shall be of such scale (preferably a scale of one inch equals 100 feet) as to show clearly all details thereof. A preliminary plat, together with such accompanying sheets of data and other materials as are needed for the purpose, shall show at least the following:

A. The proposed name of the subdivision, North point, scale, date, names and addresses of owner(s), subdivider(s), surveyor or engineer and designer.

B. An abstract of title currently continued or a current registered property certificate.

C. Correct location and designation of outside boundary lines and quarter and sixteenth section lines; streams, lakes, ponds, marshes, drainagecourses and ditches; areas subject to flood; existing public and private roads, streets and highways; existing structures, important trees and other ground cover; abutting subdivided and nonsubdivided parcels with unsubdivided ownerships indicated; designation of low areas as "wet" or "dry" and such other features as the City Council may require.

D. Topography of the ground with contour lines at vertical intervals of two feet, unless a lesser interval is recommended by the Engineer, subject to final determination by the City Council.

E. General layout of proposed subdivision and of facilities and improvements, including proposed public streets, roads, alleys, easements, walks, street names, approximate dimensions of blocks and lots, areas of lots in square feet, net areas of usable portions in square feet exclusive of water or swampy areas subject to flood, approximate radii of all curves, lots and block numbers and proposed public areas.

F. A statement of proposed building setback lines, required minimum sizes of side and rear yards, required minimum ground floor building sizes, proposed building uses and heights and an outline of proposed protection covenants.

G. A general plan of the future street and block layout of the entire ownership, when the land being platted is only a portion.

H. Proposed treatment of areas needing drainage and flood control.

I. Statement of all improvements proposed to be installed by the subdivider, time of completion and the method to be used to cover cost of installation until completion.

J. Proposed street grades and profiles satisfactory to the Engineer, and subject to final approval by City Council, and providing for economical installation of the necessary utilities according to topographical conditions and grade of adjacent areas with elevations referenced to City data.

K. Proposed methods of water supply and sewage disposal.

§ 220-28. Filing and distribution of final plat.

A. The tracing and six dark-line prints of the preliminary plat and copies of data accompanying the plat and the required filing fee shall be filed with the City Clerk/Treasurer, or other City Council designate, who shall determine whether or not they are satisfactory. If satisfactory, a receipt for filing same shall be issued. The original and two copies of everything filed shall be submitted to the Planning Commission and one copy to the City Council.

B. When land to be subdivided abuts a state trunk highway or a county highway, additional copies shall be filed and transmitted to the State Department of Transportation or to the County Engineer, as the case may be, with the request that his recommendations, if any, be returned within 14 days after the date of filing for consideration by the Planning Commission and for final action by the City Council.

C. Filing fees, as established by resolution of the City Council and as may be amended from time to time by resolution duly enacted, shall be paid by the subdivider at the time of filing and shall be used to help defray expenses of giving notice of the hearings, distribution of copies of the preliminary plat and other expenses in connection therewith. Any additional expenses of checking the preliminary plat and final plat by the planning consultant shall be charged to the subdivider and shall be paid before approval of the final plat.

§ 220-29. Planning Commission action on preliminary plat.

A. The Engineer shall check the preliminary plat with respect to the requirements in these regulations and the recommendations and suggestions received from the City Council and others. Any requirements not fulfilled, any modifications deemed necessary, any improvements that should be installed with specifications therefor and other findings shall be reviewed by the Planning Commission, and findings and recommendations thereon reported to the City Council.

B. Action by the Planning Commission shall be tentative approval of the preliminary plat, conditioned upon certain modifications being made, and shall be recorded on three or four copies of the plat and sheets of data or attached to them. One such copy shall be retained by the Planning Commission, one copy transmitted to the City Council and one shall be held for the subdivider, and he shall be mailed notification to this effect at his last known address within five days after such action.

C. In its action, the Planning Commission shall recommend which method, as provided in § 220-26, shall be employed to secure satisfactory performance of the installation of required improvements by the subdivider.

D. The Planning Commission, subject to City Council determination, shall take into consideration the prospective character of development of the area included in the plat and shall require that it be harmonious with that existing and planned in the general vicinity.

E. Failure of the Planning Commission to act within 60 days after filing, unless an extension of time is arranged with the consent of the subdivider, shall be deemed neither rejection nor approval of the preliminary plat. In such cases the City Clerk/Treasurer, with the recommendations of the City Engineer, shall inform the subdivider of the proper procedure for his guidance in completing the survey of the subdivision and making the final plat thereof.

§ 220-30. Engineering survey.

A. After tentative approval of the conditional approval of the preliminary plat, the subdivider shall cause the subdivision to be surveyed, staked and monumented by a Minnesota registered land surveyor and a final plat prepared.

B. Permanent monuments shall be set at the intersections of all boundary angles of the subdivision at each point where the boundary intersects a section, quarter section or sixteenth section line and at intersections of street, alley and boundary lines.

C. Permanent monuments shall consist of two-inch iron pipe, 24 inches in length, encased in concrete of six inches in diameter with a suitable brass cap describing the corner. The monumenting shall be subject to inspection and approval of the Engineer before approval of the final plat.

D. Stakes or monuments consisting of iron pipe of 1/2 inch or more in diameter and 24 inches or more in length, set flush with the finished grade, shall be located at the boundary angles, intersections and points of curvature of all lot, street, alley and boundary lines where permanent monuments are not set.

§ 220-31. Final plat requirements.

The final plat materials and size shall be specified by the County Recorder and County Auditor and shall be consistent with all other applicable laws and regulations. The plat, among others, which may be mandated by applicable regulations, shall show:

A. All existing section lines and quarter and sixteenth section lines within the platted area tied to the plat. If there are none "within" the area, there should be ties to at least one "outside."

B. Outside boundary lines and all angles and distances necessary for closure of boundaries by latitude and departure.

C. Street lines and center lines, lines of alleys, rights-of-way, easements, lots, other sites and reservations and all land deeded to the public with dimensions, angles and all curve functions.

D. All distances included in the dedication and all monuments, angles, curve functions and other data necessary for checking the entire description.

E. Street and road names and purposes of easements, alleys and other rights-of-way.

F. Lot numbers in each block, starting with one in the northeast corner and continuing consecutively.

G. Block numbers, consecutively.

H. A certificate by the surveyor who prepared the plat that all required improvements have been satisfactorily installed or that, in lieu thereof, the subdivider has made satisfactory arrangements to cover the cost of improvements to be installed later, within a specified time.

I. Other data, certificates, affidavits and endorsements required by law, the Planning Commission, City Council, county and local officials.

J. Accompanying the final plat shall be:

(1) Plans, specifications and grades of proposed improvements as approved by the Engineer and a statement of those completed and those not yet completed.

(2) Deeds to lands offered for park, playground or other public purposes.

(3) Protective covenants in form for recording.

§ 220-32. Filing and checking of final plat.

A. The final plat and accompanying data shall be filed with the City Clerk/Treasurer within six months after the date of action of the preliminary plat; otherwise such preliminary actions shall be voided.

B. One approved-type of transparency of all sheets of the plat at a scale of 100 feet to one inch and three black-line prints of each, as well as one transparency of all sheets at a scale of 200 feet to one inch and three black-line prints of each, together with the required number of copies of accompanying data, shall be included in the filed material.

C. The City Clerk/Treasurer, the City Council and any other indicated City official(s) shall check, or cause to be checked, the filed material for conformity with the requirements of law and with these regulations, including conformity with any conditions of approval of the preliminary plat, and the Engineer shall check the plat and survey for required technical accuracy.

D. A traverse of the boundaries of the plat and all lots and blocks, when computed from field measurements, must close within a limit of error of one foot to 7,500 feet of perimeter.

E. If satisfactory, the City Clerk/Treasurer shall issue a receipt, acknowledging acceptance of the plat. If not satisfactory, the subdivider shall cause the required changes and additions to be made before acceptance for filing and issuance of receipt.

§ 220-33. Hearing on final plat.

Within 30 days after the issuance of a receipt for filing of a final plat, the City Council shall hold a public hearing thereon, giving at least 10 days' notice of the time and place thereof in the legal newspaper. At such hearing, anyone interested may appear and be heard.

§ 220-34. Action on final plat.

A. If satisfactory as to conformity with the tentatively approved preliminary plat and in all other respects as provided herein, the final plat shall be approved by the City Council.

B. No final plat of a subdivision, the preliminary plat of which was disapproved by the Planning Commission, shall be approved by the City Council, except that any subdivider may appeal to the City Council to overrule the Planning Commission's disapproval.

C. After such appeal, the City Council may elect to consider the preliminary plat itself and may overrule the Planning Commission.

D. The grounds for City Council disapproval of a final plat shall be set forth in the proceedings of the City Council and shall be reported to the subdivider.

E. After approval of the final plat, with certificate of approval shown on it, the plat and a certified copy of the resolution of approval accompanying it shall be filed with the County Recorder.

§ 220-35. Withholding building permits.

A. Regardless of approval of a subdivision plat, as provided herein, no building permit shall be issued for a building within the City of Kellogg on a lot or parcel inadequate with respect to zoning or other applicable regulations or inadequate in any other respect. No permit shall be issued for a building or use on a lot or parcel of land subject to flood or stormwater overflow, without adequate provisions for drainage and protection against flooding.

B. No permit shall be issued for a building not served by sanitary sewer and City water unless the application therefor is accompanied by plans or proposals for water supply and for waste and sewage disposal approved by the Engineer or by a qualified sanitarian as being sanitary and in accordance with acceptable standards and specifications for such installations.

§ 220-36. Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Any violation of this article shall be deemed a misdemeanor punishable as provided in § 220-76. The municipality may enjoin any action deemed violative of this article.

§ 220-37. Variances.

A. Should the Planning Commission find that any of the regulations or requirements herein are not applicable to a proposed land subdivision, or to a preliminary of final plat thereof, or would cause unnecessary and unintended hardship, it may recommend to the City Council such variations therefrom as are not contrary to the intent and purpose of these regulations or other applicable law or to any applicable City plan.

B. It shall be the sole discretion of the City Council to permit any such variances. The City Council may waive the requirement of preparation of a preliminary plat if for the purpose of:

(1) Vacation of a previous plat; or

(2) Subdividing less than five lots or parcels of land of adequate size, all adjoining a public street, and where no dedication of land for an additional street or for widening or relocation of the existing street is needed.