1992-08-01 Frankfort Subdivision Ordinancea
THE TOWN OF FRANKFORT SUBDIVISION ORDINANCE
ORDINANCE 92 - ~~
AN ORDINANCE ESTABLISHING PLATTING REGULATIONS FOR THE LAYING OUT
OF STREETS, ALLEYS AND OTHER PUBLIC GROUND AND THE SUBDIVISION OF
PLATS WITHIN FRANKFORT TOWNSHIP MINNESOTA.
The Town Board of Supervisors of Frankfort Township ordains:
SECTION I. GENERAL PROVISIONS.
101. Short Title: This Ordinance shall be known, cited and
referred to as the Town of Frankfort Subdivision Ordinance
except as referred to herein, where it shall be knows as "this
ordinance".
102. Purpose: Adequate, up-to-date Subdivision
Regulations, along. with good administration and enforcement,
are used to control the change in land use. The process of
dividing raw land into home sites, or parcels for other uses,
is an important factor in the growth of a co ~ ,unity. Each new
subdivision becomes a permanent unit in the basic physical
structure of the town. Once the land is subdivided into lots
and streets, and homes and other structures are constructed,
the character of the community becomes firmly established.
It is then virtually impossible to alter the basic character
without substantial expense. Therefore, it is to the interest
of the general public, the developer, and the future lot
owners that subdivisions be designed and developed in
accordance with sound rules and proper standards. The. purpose
of these regulations are to:
1) Encourage well-planned, efficient and attractive subdivisions
with adequate standards for design and construction.
2) Provide for the health and safety of residents by requiring
properly designed streets and adequate sewage and water
systems.
3) Place the cost of improvements against those benefiting from
their construction.
4) Secure the rights of the public with respect to public lands
and waters.
5) Set the minimum requirements necessary to protect the health,
safety, comfort, convenience ,and general welfare.
103. Interpretation: In the interpretation and application, the
provisions of this ordinance shall be the minimum requirements
adopted for the protection of the public health, safety and
general welfare.
104. Application: The rules and regulations governing plat and
subdivision of land contained herein shall apply within the
community and other land as permitted by the State statutes.
Except in the case of resubdivision, this ordinance 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 date of adoption of this
Subdivision ordinance, nor is it intended by this ordinance to
repeal, annul or in any way impair or interfere with existing
provisions of other laws or ordinances except those specifically
repeated by, or in conflict with this ordinance, or with private
restrictions placed upon property by deed, covenant, or other
private agreement or with restrictive covenants running with the
land. Where this ordinance imposes a greater restriction upon the
land than is imposed or required by such existing provisions of
law, ordinance, contract, or deed, the provisions of this ordinance
shall control.
105. Enforcement and penalty: Until and unless approved as a final
plat conforming to the provisions of this ordinance, no.
subdivision shall be entitled to be recorded in the office of
the County Recorder nor otherwise be developed.. The Building
Inspector shall not issue a building permit for any lot unless
the final plat is recorded in the office of the County
Recorder. No public improvements may be installed prior to
the approval of the preliminary plat, and then only after
receiving written authorization from the Town.. The Town"shall
neither permit nor provide any services. for a .subdivision
requiring platting prior to recording the final .plat unless.
authcrized in writing by the Town Board.
Any firm, person or corporation who violates any of the
provisions of these regulations, or who sells, or leases any
lot, block, or tract of land herewith regulated before all the
requirements of this ordinance have been complied with shall
be guilty of a misdemeanor. Each day that the violation is
permitted to exist constitutes a separate offense.
106. Government Filings: A certified copy of every ordinance
resolution, amendment, map or regulation adopted under this
chapter shall be filed with the Wright County Recorder's
office. Copies of all subdivisions and/or plats of land
subject to subdivision regulations shall be filed with the
zoning office of Frankfort Township.
107. Registered Land Surveys: All registered Land Surveys shall
be filed subject to the same procedure as required for the
filing of a plat for platting purposes. The standards and
requirements set forth in these regulations shall apply to all
Registered .Land Surveys and, also the requirements of State
Statutes, Section 508.47
2
108. Conveyance by metes and bounds: A copy of each survey by a
registered land surveyor shall be filed with the Zoning
Administrator. The standards and requirements set forth
herein shall apply to all land surveys. Unless approved as
being in conformance with the provisions hereof,.. building
permits shall not be issued, lands set aside for or dedicated
to the public shall not be accepted, and no public money may
be spent for the installation of utilities or other public
improvements. Except in the case of a Quarter Quarter Section
Division (See Section 105), conveyance by metes and bounds
shall be prohibited where the parcel/parcels involved or
created is less than twenty (20) acres, less than two hundred
(200°) in width, and having less than two hundred (200) feet
of frontage on a public road. Anytime a subdivision requires
the construction of a new road to serve one or more parcels
of land, the platting procedure must be followed. regardless
of lot sites.
109. Lot Splits: The Zoning Administrator is hereby authorized to
approve a division of land where a portion of a lot of record
is conveyed to the owners of the adjoining lot of record for
the purpose of enlarging the latter provided the size of the
remaining lot meets the minimum lot size and area requirements
for the zoning district. The Zoning Administrator may require
such restrictive language on the document of conveyance as is
deemed appropriate to protect and maintain the provisions of
this ordinance or any other township ordinance. The Zoning
Administrator shall verify approval of the conveyance by
stating thereon: "Approved under Sec. 1 of The Town of
Frankfort Subdivision Ordinance" and thereunder providing the
date and her/his signature. Upon approval, the document may
be recorded with the County Recorder.
SECTION 2 DEFINITIONS.
Unless the context indicates a different meaning, for the purpose
of this ordinance certain words, phrases and terms shall be
construed as follows:
l.) Al1ey: A dedicated public right-of-way providing a secondary
means of access to abutting property, and which is not
intended for general traffic circulation.
2.) Applicant: The owner of land proposed to be subdivided or
said owner's representative. Consent shall be required from
the legal owner of the premises.
3.) Attorney: The Town Attorney of Frankfort Township, Minnesota
or said attorney's authorized representative.
3
}
4.) Block: The enclosed are within the perimeter of roads,
property lines, or boundaries of this subdivision.
5.) Board: The Town Board of Frankfort Township.
6.) Bond: Any form of security including a cash deposit,
collateral, property, or instrument or credit in an amount and
form satisfactory to the Town Board. All bonds shall be
approved by the Town Board wherever a bond is required by
these regulations.
7.) Boulevard: The portion of the street right-of-way between the
traveled road surface and the property line.
8. ) Butt Iot: A lot at the end of a block and located between the
traveled road surface and the property line.
9.) Certificate of Survey: A graphic representation of the
boundary survey of a parcel of real property along with the
description of the land and the signed certification of a
Registered Minnesota Land Surveyor.
10.) Cluster Development: A subdivision development planned and
constructed so as to group housing units into relatively tight
patterns while providing a unified network of open space and
wooded areas, and meeting the overall density regulations of
this ordinance and the Zoning regulations.
11.) Collector street or road: A road intended to move traffic
from local roads to secondary roads. It includes the
principal entrance streets of a residential development, and
streets for circulation within such a development.
12.) Comprehensive Development Plan: The plan or plans for orderly
growth of the Town of Frankfort as adopted and amended from
time to time by the planning Commission and Town Board.
13.) Condominium Plats: The condominium law given in State
Statutes Chapter 515 specified procedures for surveying
condominium subdivisions.
14.) Contour Line: A line connecting points that are at the same
elevation. Contour interval is the vertical height between
contour lines.
15.) Corner Lot: A lot bordered on at least two (2) adjacent sides
by streets.
16.) County: Wright County, Minnesota.
4
17.) Cul-De-3ac: A minor street with only one outlet having a
turnaround.
18.) Developer: The owner of land proposed to be subdivided or
representative. Consent shall be required from the legal
owner of the premises.
19.) Double Frontage Lot: A lot which has a front lien abutting
on one street and a back or rear line abutting on another
street.
20.) Drainage Course: A water course or indenture for the drainage
of surface water. This includes natural waterways as well as
man-made waterways.
21.) Easement: A grant by an owner of land for the specific use
by persons other than the owner, or the public.
22.) Engineer: The registered engineer employed by the Town of
Frankfort, unless otherwise stated.
23.) Escrow: A deposit of cash with the local government in lieu
of an amount required and still in force on a performance or
maintenance bond. Such escrow funds shall be deposited by the
clerk or treasurer in a separate account.
24.) Final Plat: Is the final map, drawing, or chart of a
subdivision and any accompanying materials, which is presented
to the Town Board for approval and which, if approved, will
be submitted to the County Recorder or register of deeds.
Said plans must conform to all state laws.
25.) Governing Body: The Town Board.
26.) Grade: The slope of a road, street, or other public way, and
specified in percentage terms.
27.) Land Survey: The process of determining boundaries and areas
of tracts of land. The term cadastral survey is sometimes
used to designate a land survey, but in this country its use
should be restricted to the surveys of public lands of the
United States. Also called property survey; boundary survey.
28.) Lot: An area, parcel, tract of portion of land. which is
separate from other parcels of land, and has been legally
described as an individual parcel by metes and bounds
description in a recorded instrument of conveyance; or by a
recorded plat; or by government survey.
The words "lot", "parcel" and "tract" are synonymous and may
be used interchangeable. For the purposes of this ordinance
a "single lot" or a "single parcel or a "single parcel of
5
record" shall be the whole parcel that is identified by at
least one of the above definitions.
29.) Major Subdivision: All subdivisions not classified as minor
subdivisions, including but not limited to subdivision of four
or more lots, or any size subdivisions requiring any new
street or extension of the local government facilities, or the
creation of any public improvements.
30.) Marginal Access Street: A minor street usually parallel with
and adjacent to high volume thoroughfares, railroads., or other
lands, which restrict access; thus normally providing access
to abutting properties on one side only.
31.) Metes and Bounds: A description of real property which is not
described by reference to a lot or block shown on `a map but
is described by starting at a known point and describing the
bearings and distances of the lines forming the boundaries of
the property or delineates a fractional portion of a section,
lot or area by described lines or portions thereof.
32.) Minimum Subdivision Design Standards: The guides, principles
and specifications for the preparation of subdivision plans
indicting among other things, the minimum and maximum
dimensions of the various elements set forth in the prelimi-
nary plan.
33.) Minor Street: A street of limited continuity used primarily
for access to the abutting properties and the local needs of
a neighborhood.
34.) Minor Subdivision: Any subdivision containing not more than
three (3) lots fronting on an existing street, not involving
any new street or road, or the extension of municipal
facilities, or the creation of any public improvements, and
not adversely affecting the remainder of the parcel or
adjoining property, and not in conflict with any provisions
or portion of the Comprehensive Plan, Official Zoning Map,
Zoning Ordinance, or these regulations. For the purpose of
these regulations the remaining parcel will be counted as a
lot.
35.) outlot: A lot remnant or any parcel of land.
36.) owner: An individual, firm, association, syndicate, co-
partnership, corporation, trust, or other legal entity having
sufficient proprietary interest in the land sought to be
subdivided to commence and maintain proceedings to subdivide
the same under these regulations.
37.) Pedestrian Way: A public right-of-way across or within a
block, to be used by pedestrians.
6
38.) Person: Any individual, firm, association, syndicate or
partnership, corporation, trust or any other legal entity.
39.) Planning Commission: The Planning Commission of the Town of
Frankfort.
40.) Preliminary Plat: A map or drawing indicating the proposed
layout of the subdivision, to be submitted to the local
government and to the Town Planning Commission and Town Board
for their consideration, in compliance with the goals and
objectives of the Town Comprehensive Plan and the provisions
of this ordinance.
41.) Private Street: A privately owned street not dedicated to the
public which serves two or more lots.
42.) Protective Covenants: Contracts entered into between private --
parties and constituting a restriction on the use of all
private property within a subdivision for the benefit of the
property owners, and to provide a mutual protection against
undesirable aspects of development which would tend to impair
stability of values.
43.) Registered Land Survey: A method of surveying torrens (or
Registered) land following the procedures in State Statutes
Chapter 508.47.
44.) Remnant Parcel: A small irregular tract of land not suitable
for a lot. Remnant parcels shall not be permitted; they must
be attached to adjoining lots or disposed of in some other
acceptable way.
45.) Reserve Strip: A narrow strip of land placed between lot
lines and streets to control access.
46.) Resubdivision: A change in a map of an approved, or recorded
subdivision plat if such change affects any street layout on
such map or are reserved thereon for public use, or any lot
line; or if it affects any map or plan legally recorded prior
to the adoption of any regulations controlling subdivisions.
47.) Right-of-Way: The land dedicated for public or private
vehicular or pedestrian use, or for certain uses such as land
over which a railroad or utility line passes.
48.) R1Darlan: Pertains to land connected with or adjacent to the
banks of a stream, lake or other body of water. A riparian
owner owns the bank or banks. Riparian rights entitle that
owner to have reasonable use of the water and of the shoreline
by virtue of riparian ownership. Riparian rights are
sometimes referred to as littoral rights.
7
49.) Service Street: A frontage road or marginal access street
parallel with and adjacent to high volume arterial streets and
highways, which provides access to abutting properties and
protects through traffic.
50.) Sketch Plan: A drawing preceding the preliminary plat which
shows the proposed subdivision of property. This plan is not
necessarily drawn to scale and exact accuracy is not a
requirement. Its purpose is to enable the subdivider to save
time and expense in reaching general agreement with the local
community and Planning Department as to the form of the plat
and the objectives of these regulations.
51.) Street: Away for vehicular traffic, whether designated as
a street, highway, thoroughfare, arterial, parkway, through-
way, road, boulevard, drive, court, circle, avenue, lane,
place or otherwise designated.
52.) Street Width: The shortest distance between. the lines
delineating the right-of-way of a street.
53.) Subdivider: The owner, agent, or person having control of
such lands the term is used in this ordinance.
54.) Subdivision: The division of parcel of land after the
effective date of this Ordinance into two or more lots or
parcels, for the purpose of transfer of ownership or building
development. The term includes resubdivision and when
appropriate to the context, shall relate to the process of
subdividing or to the land subdivided.
55.) Surveyor: A land surveyor registered under Minnesota state
laws.
56.) Thoroughfare: A street primarily designated to carry large
volumes of traffic and provide for vehicular movement between
and among large areas.
57.) Town: Frankfort Township, Wright County, Minnesota, which may
also be referred to as Township.
58.) Rater Course: A passage way in the surface of the earth so
situated having such a topographical nature that surface water
flows through, it from other areas before reaching a final
ponding area. The term includes both natural passage ways and
drainage structures that have been constructed or placed for
the purpose of conducting water from one place to another.
59.) vicinity Map: Also known as key map or location map. A map
drawn to comparatively small scale which shows the area
8
proposed to be platted in relation to known geographical
features, i.e., town centers, lakes, roads.
60.) Zoninq Ordinance: A zoning ordinance controlling the use of
land as adopted by the Town.
SECTION 3. PIaATTING PROCEDIIR,E
301. Sketch Plan.
301.1 Procedure. Prior to dividing any tract of land into two or
more lots or parcels of land, the subdivider shall submit a
sketch plan for review by the planning commission. At the
time of submission of the sketch plan, the subdivider of the
land covered by the sketch plan shall submit a petition for
rezoning to the proposed use of said land, if the land is not
already so zoned. The owner of said land shall join~in said
petition.
1. The subdivider shall file five copies of the sketch
plan with the zoning officer at least 21 calendar
days before the next regular monthly meeting of the
planning commission at which meeting said sketch
plan shall be considered.
2. At the time of Town Board submission of the sketch
plan, the subdivider shall pay a fee as determined
from time to time by resolution. The subdivider
shall also deposit $200.00 per proposed lot with the
Town at the time of submission of the sketch plan,
which shall be used to defray expenses incurred by
the Town in employing the services of the Town
Engineer, attorneys and other professional consul-
tants in connection with the review of said sketch
plan. However, the said deposit may also be used
to reimburse the Town for the expense of employing
the services of the Town Engineer, attorneys and
other professional consultants in connection .with
the review of the preliminary plat and final plat
as prescribed in this chapter. If said $200.00 per
lot is not sufficient to defray the above expenses,
additional monies will be required prior to final
action on the plat, and if, in the opinion of the
zoning administrator, the deposit is depleted such
that it is unlikely to be sufficient to meet the
remaining anticipated expenses, the subdivider shall
be required to deposit an amount sufficient to bring
the account to a balance of $200.00 per lot, prior
to any further action on the plat. If after final
action on the proposed subdivision, a surplus
balance remains in the Town's accounts, said surplus
balance shall be refunded to the subdivider. The
9
said deposit shall be in addition to the fees
prescribed elsewhere in this ordinance.
3. The zoning administrator shall distribute the copies
of the sketch plan to the appropriate individuals.
The zoning administrator shall also submit to the
planning commission a report on the relationship of
the proposed land uses to those existing in the
area, those indicated on the comprehensive land use
plan and those provided for by existing zoning
ordinances and this code.
4. The Town's engineer shall submit a report to the
planning commission, which shall deal with drainage,
traffic utilities and other engineering matters
pertinent to the plan.
5. The planning commission shall consider the sketch
plan, the zoning administrator's report, the
engineer's report and any other pertinent informa-
tion which they may wish to consider. The planning
commission shall advise the subdivider of the extent
to which the plan conforms to the requirements of
the community and the ability of the Town to provide
essential services and may discuss possible
modifications necessary to secure approval of the
subdivision.
6. If a petition for rezoning to land uses in
conformance with the sketch plan-has been filed,
the planning commission shall forward a written
report of its findings and recommendations in regard
to both the sketch plan and the rezoning to the Town
Board.
7. The Town Board shall act on the rezoning petition
in accordance with procedures established by other
ordinances. The report of the planning commission
shall become a part of the rezoning proceedings.
8. After the Town Board has acted on the rezoning
petition, the Town Board shall advise the subdivider
as to the land uses permitted. in the sketch plan and
may discuss possible modifications necessary to
secure approval of the subdivision.
301.2 Content. It shall be a condition to the acceptance of a
Subdivision sketch plan for filing with the zoning officer
that said sketch plan shall include the data required here-
under.
10
a
The sketch plan shall be drawn at a suitable scale and shall
cover all of the owner's contiguous land. A freehand
rendition of graphic data shall be sufficient.
1. Identify property by fraction of section township
and range;
2. Names and addresses of the owner and subdivider of
the land;
3. Date and north point;
4. Total approximate acreage;
5. Existing zoning classification for each tract of
land in and abutting the property included in the
proposed subdivision;
6. Location and names of existing or platted streets
and other public ways, parks and public open spaces
and section and municipal boundary lines within the
proposed Subdivision and to a distance of 100 feet
beyond;
7. Significant topographical features, such as hills,
valleys, water courses, lakes, marshes, wooded
areas, etc.;
8. Proposed street pattern;
9. Proposed land use, including approximate density of
dwelling units for residential uses;
10. Areas intended to be dedicated or reserved for
public use, including the approximate size of such
areas.
302. Preparing and submitting the Preliminary Plat:
302.1 When the subdivider has a plan for the subdivision in order,
the subdivider shall have a surveyor and/or planner draft the
Preliminary Plat which is in conformity with the requirements
of this Ordinance.
302.2 The owner of subdivider shall then file with Zoning
Administrator:
1. Completed application forms for the proposed subdivision,
as requested.
2. The platting fee as set by the Town Board.
3. Eight (8) 11" x 17" and two (2) 22" .x34" copies of the
.preliminary plat unless more are needed.
4. A copy of the proposed protective covenants if applic-
able.
5. Drainage and erosion plans.
11
6. Soil tests on a minimum of 20% of the proposed lots on
those plats which will have over five (5) lots. On those
plats with less than five (5) lots perc tests and boring
shall be done on each proposed lot. Additional tests may
be required if the Zoning Administrator deems it
necessary.
302.3 If the subdivider requests, or the Town requires that any
existing special assessments which have been levied against
the premises described in the subdivision be divided and
allocated to the respective lots in the subdivision plat, the
Assessor shall estimate the clerical cost of preparing the
revised assessment roll, filing the same with the county
auditor, and making such division and allocation, and upon
approval by the town of such estimated cost the same shall
be paid to the county treasurer in addition to the fee
mentioned in subparagraph 302.2 above, to cover the. cost of
preparing and filing such revised assessment.
303 TOWN PLAT REVIEW COMMITTEE
303.1 Prior to a public hearing on the preliminary plat the
subdivider shall meet with the members of the Town Plat
Review Committee.
303.2 The purpose of the plat review committee is to protect the
general welfare of the citizens of the Town of Frankfort by
reviewing the proposed plats for conformance with the Town
standards and for checking the accuracy and completeness of
the technical data.
303.3 The members of the committee are:
1. The Town Zoning Administrator
2. The Town Engineer
3. Any additional technical advisors deemed necessary.
303.4 Additional Technical Advisors may be:
1. Town Attorney
2. County Surveyor
3. County Recorder
4. County Auditor
5. Soil Conservation Service
6. Minnesota Department of Natural Resources
12
7. Lake or watershed district representatives
8. Utility companies
9. Township road maintenance supervisor
10. Minnesota Department of Transportation
304. PLATTING PROCEDIIRES:
304.1 Upon receipt of the preliminary plat, completed application
form, application fee, drainage and erosion plans, required
soil tests, and any other required information, the Zoning
Administrator shall refer copies of the preliminary plat as
follows:
1. Seven (7) 11" x 17" copies to the Planning Commission.
2. One (1) 22" x 34" copy to the Town Engineer.
3. Five (5) 11" x 17" copies to the Town Board.
4. One (1) 11" x 17" copy to the Park Board.
5. One copy retained by the Zoning Administrator.
6. If the proposed subdivision abuts any federal or state
trunk highway, one copy to the Minnesota Department of
Transportation.
7. If the proposed subdivision abuts any county highway, one
copy to the Wright County Highway Department.
8. If the proposed subdivision is located in any shoreland
district or any flood plain district as defined in
Minnesota Statutes, Sections 103.205 and 103F.111
respectively, one copy to the Commissioner of Natural
Resources.
9. The Town of Frankfort plat review committee may need
additional copies for review by those members not listed
above.
304.2 The Zoning Administrator shall set a date for a public
hearing on the plat, such hearing to be held within 45 days
after all recuired information has been submitted. The Town
Board shall authorize the Planning Commission to conduct the
hearing and report upon the findings. The. Zoning Admini-
strator shall cause notice of said hearing to be published in
the official newspaper at least 10 days prior to the hearing
date. Written notice will also be sent to all property owners
13
within 500 feet of the property to be subdivided. A copy of
the list of property owners to which the notice was sent, and
a copy of the notice shall be attested to by the Zoning
Administrator and made part of the official record. The
failure to give mailed notice to individual property owners
or defects in the notice shall not invalidate the proceedings,
provided a bona fide attempt to comply with this subdivision
ordinance has been made.
304.3 In considering the preliminary plat, the planning commission
shall consider the following factors: (also see Section 5.)
1. Consistency with the design standards and other require-
ment of this ordinance.
2. Consistency with the Town's Comprehensive Plan or other
development plan.
3. Consistency with the Zoning Ordinance.
4. The physical characteristics of the site, including but
not limited to topography, erosion, and flooding.
potential, development and proposed use.
5. The proposed development's fiscal impact and environ-
mental impact.
304.4 The commission and town staff shall have the authority to
request additional information from the applicant concerning
the preliminary plat or to retain expert testimony with the
consent and at the expense of the applicant concerning said
information to be declared necessary to establish compliance
with all pertinent sections of this ordinance.
304.5 The Planning Commission shall make its report to the Town
Board on or before the regular meeting of the planning
commission following referral unless a delay is consented to
by the applicant or unless additional information is deemed
necessary by the Planning Commission.
304.6 The Town Board shall act on the preliminary plat within 90
days of the date on which it was filed with the formal request
for approval unless a delay is consented to be the applicant
or unless additional-information was deemed necessary by the
Planning Commission. If the report of the Planning Commission
has not been received in time to meet these requirements, the
Town Board may act on the preliminary plat without such a
report.
304.'7 Upon receiving the report and recommendation of the commis-
sion, the Town Board shall take one of the following actions:
14
1. Approve or disapprove the request ?as recommended by the
commission, or
2. Approve or disapprove the recommendation of the commis-
sion with modifications, alterations, or differing
conditions. Such modifications, alterations, or
differing conditions shall be in writing and. made part
of the Town Board's records, or
3. Refer the recommendation back to the commission for
future consideration. This procedure shall be followed
only one time on a singular action.
The Zoning Administrator shall notify the applicant of the
Board's action and reasons thereof.
304.8 If the preliminary plat is not approved, the reasons for such
action shall be recorded in the proceedings and transmitted
to the applicant. If the preliminary plat is approved,• such
approval shall not constitute final acceptance of the
subdivision. All conditions required by the Commission shall
be submitted in writing to the applicant.
304.9 Should the subdivider desire to amend the preliminary plat as
approved, he/she may resubmit the amended plan which shall
follow the same procedure except for the hearing and fee
unless the amendment is, in the opinion of the Planning
Commission, of such scope as to constitute a new plat; then
it shall be refiled through the same procedures as though it
were a new subdivision.
SECTION 4. PRELIMINARY PLAT REQIIIREMENTS.
401.0 Identification and Description. The preliminary plat of the
proposed subdivision shall contain and have attached thereto
the following information:
401.1 Proposed name of the subdivision, which name shall not
duplicate or be similar in pronunciation of the name of any
other plat on record in the county or town;
401.2 Legal description of .property;
401.3 Names and addresses of the owner, and any agent having control
of the land, subdivider, surveyor, engineer and designer of
the plat;
401.4 Graphic scale not less than one (1) inch to one hundred (100)
feet, except for large subdivisions where a smaller scale may
be acceptable;
15
401.5 North point and vicinity map of area showing well known
geographical points for orientation within a one-half mile
radius;
401.6 Date of preparation.
402. Existing Conditions: The preliminary plat shall have the
following information concerning the property in and surround-
ing the proposed subdivision:
402.1 The outside boundary Lines of the subdivision clearly shown;
402.2 Existing zoning classifications for land in and abutting the
subdivision;
402.3 Total acreage;
402.4 Location, right-of-way width and names of existing or platted
streets or other public ways, parks and other public lands,
permanent buildings and structures, easements and section and
corporate lines within the preliminary plat and to a distance
of one hundred (100) feet beyond shall also be indicated;
402.5 Location and size of existing sewers, water mains, culverts
or other underground facilities within the preliminary plat
are and to a distance of one hundred (100) feet beyond. Such
data as grades, locations of catch basin, manholes, hydrants
and street pavement width and type shall also be shown;
402.6 Boundary lines of adjoining unsubdivided or subdivided land,
within one hundred (100) feet, identified by name and
ownership, but including .all contiguous land owned or
controlled by the subdivider;
402.7 Topographic data, including contours at vertical intervals of
not more than two (2) feet except where the horizontal contour
interval is one hundred (100) feet or more, a one (1) foot
vertical interval shall be shown. Water courses, marshes,
wooded areas, rock outcrops, power transmission poles and
lines, and other significant features shall also be shown.
National Geodetic Vertical Datum 1929 adjustment shall be used
for elevations and topographic mapping, unless deemed
unnecessary by the Town. The source of the topographic
contours shall be given, whether done by survey crew methods,
aerial photography, or using existing topographical maps and
then only by identifying the source and date of such maps.
402.8 A copy of all proposed private restrictions (also known as
Protective Covenants):
16
a
402.9 Soil test results demonstrating the adequacy of the property
for proposed development in terms of ground water level, load
bearing quality and percolation rate. Soil tests must be done
for each proposed lot on plats containing less than five (5)
lots. A minimum of twenty (20%) of the lots must have soil
tests completed on all plats containing five (5) or more lots.
These tests must be located so as to give a sampling of the
entire plat. If a Lot appears to be questionable the Town
shall reserve the right to require additional tests.
402.10 On all lakes, ponds, wetlands, river and other waterways,
present water surface elevations, natural ordinary high water
elevations and proposed 100-years flood elevations (if
available) shall be denoted.
403. Design Features: The following design features of the
proposed subdivision shall be shown on the preliminary plat
as follows:
403.1 Layout of proposed streets, showing right-of-way widths and
proposed names of streets. Street names shall conform to the
Wright County uniform street naming and property numbering
system as applicable;
403.2 Locations and widths of proposed alleys, pedestrian ways and
utility easements;
403.3 Lot and block numbers and preliminary dimensions of lots and
blocks and area of each lot.
403.4 Minimum front, side and rear building setback Lines, including
setback lines from lake and river shores.
403.5 Bluff lines and minimum setback lines from the bluff line.
403.6 Location and size of proposed sanitary sewer lines and water
mains;
403.7 Gradients of proposed streets, sewer lines and water mains.
Plans and profiles showing locations and typical cross-
sections of street pavement including curbs, gutters,
sidewalks, drainage easements, servitude right-of-ways,
manholes and catch basins;
403.8 Areas, other than streets, alleys, pedestrian ways and utility
easements, intended to be dedicated or reserved for public
use, including the size of such areas;
403.9 Grading and drainage plan for entire subdivision. If any fill
or excavation is proposed in a wetland or lake, approval must
be obtained from the Minnesota Department of Natural
17
Resources, the Army Corps of Engineers and the Town of
Frankfort, if applicable.
403.10 Erosion and sediment control plan, as needed.
403.11 In subdivisions where public water and sewer services are not
presently available, the town may require the developer to
submit a preliminary re-subdivision plan showing a potential
and feasible way in which the lot or lots may be re-subdivided
in future years when public facilities may be provided. The
undeveloped lots may be conveyed to other persons or entities
and building development may be permitted on the previously
undeveloped lots at the setbacks described in the district in
which it is located.
404. Other Information: The following additional information shall
be provided concerning the proposed subdivision:
404.1 A statement of the proposed use of lots stating type of
residential buildings with number of proposed dwelling units;
type of business or industry so as to reveal the effect of the
development on traffic, fire hazards, and congestion of
population;
404.2 Source of water supply;
404.3 Provisions for sewage disposal, surface water, drainage and
flood control;
404.4 If any zoning changes are contemplated, the proposed zoning
plan for the areas including dimensions.
404.5 Such other information as may be requested by the Zoning
Administrator, Engineer, Surveyor, or Planning Commission.
404.6 Where the subdivider owns property adjacent to that which is
being proposed for the subdivision, the Planning Commission
may require that the subdivider submit a preliminary plat of
the remainder of the property so as to show 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.
405. Preparation of Environmental Assessments:
405.1 An environmental assessment may be required for projects which
may have the potential for significant environmental effects.
The Minnesota Environmental Policy Act of 1973 and Chapter
4410.0200 to 4410.7800 allows for the preparation of Environ-
mental Impact Statements (EIS) and Environmental Assessment
18
Worksheets (EAW) by State Mandate or tY~ie request of the Town
for certain developments.
405.2 No preliminary plat may be approved until such EAW or EIS, if
mandated by the State or requested by the Town, has been
prepared, submitted and considered by the Town.
405.3 The developers shall prepare at their own expense. any state
mandated or requested EAW or EIS for the project.
SECTION 5. MINIMIIM STANDARDS.
501. Application: The following land subdivision principles,
standards and requirements will be applied by the commission
in evaluating plans for proposed subdivisions:
501.1 Where literal compliance with the standards herein specified
is clearly impractical, :variances may be requested from the
Town of Frankfort Board of Adjustment and Appeals.
501.2 Variances shall be permitted only when the subdivider can show
that by reason of the exception topography or other physical
conditions the strict compliance to these regulations could
cause an undue hardship on the enjoyment of a substantial
property right. Such relief may be granted by the Board of
Adjustment and Appeals provided there is no detriment to the
public welfare and no impairment of intended purposes of this
ordinance.
501.3 The proposed subdivision shall conform to the Comprehensive
Development Plan and policies as adopted by the Town Board.
502. Land Requirements:
502.1 Land shall be suited to the purpose for which it is to be
subdivided. No preliminary plat shall be approved if the site
is not suitable for the proposed purposes. Some reasons for
rejecting a preliminary plat are potential flooding, adverse
earth or rock formations or unusual topography.
502.2 Land subject to hazards to life, health, or property shall not
be subdivided for residential purposes until all such hazards
have been eliminated or unless adequate safeguards against
such hazards are provided by the subdivision plan.
502.3 Proposed subdivisions shall be coordinated with existing
nearby municipalities or neighborhoods so that the community
as a whole may develop harmoniously.
502.4 Proposed land uses shall conform to any Town of Frankfort
Zoning Ordinance in effect.
19
503. Soil Erosion and Drainacte Plans. '
503.1 The topsoil (a minimum of three inches) shall be replaced and
vegetation shall be re-established to minimize soil erosion.
503.2 During and after construction, slopes shall be protected from
erosion by a quick establishment of vegetative cover, benches,
terraces, mulches, or other acceptable protection devices or
practices. Stands of existing vegetation adequate to control
erosion should be preserved wherever possible.
503.3 Subdivisions located within shoreland areas must also refer
to Section 47 of the Frankfort Township Zoning Ordinance.
503.4 The Town Board may require that a sufficient escrow be posted
and payable to the Town for use in correcting problems on
public or private lands caused by erosion and runoff from the
development during the construction phase. Such bonds shall
be maintained until completion of the development or .until
vegetative cover has been re-established and other measures
have been taken to protect the development site to the
approximate extent existing before vegetation removal, land
shaping and improvement construction were commenced.
503.5 Plans for surface water runoff and drainage shall be required
and reviewed by the Planning Commission and Town Board prior
to final glat approval.
503.6 The subdivision should be so designed for the drainage system
to utilize to the greatest extent possible existing natural
overland flows, open channels and drainage routes.
503.7 The drainage system shall be constructed and operational
during the initial phase of construction.
504. Street Plan:
504.1 Proposed streets shall conform to State, County, and Township
street plans as have been prepared, adopted and/or filed as
prescribed by law.
504.2 Streets shall be logically related to topography so as to
produce useable lots and reasonable grades.
504.3. Access shall be given to all lots and portions of the tract
in the subdivision, and easement to adjacent unsubdivided
territory unless the topography clearly indicates that such
connection is not feasible. Reserved strips and land-locked
areas shall not be created.
20
a
504.4 Minor streets shall be laid out to discourage their use by
through traffic and where possible, thoroughfares shall be
protected for use by through traffic by marginal access
streets, lots served by an interior street or other means.
504.5 Half or partial streets will not be permitted, except where
essential to reasonable subdivision of a tract in conformance
with the other requirements and standards of these regulations
and, in addition, satisfactory assurance for dedication of the
remaining part of the street can be secured.
504.6 Wherever a tract to be subdivided borders an existing half,
or partial street, the other part of the street shall be
platted within such tract.
504.7 Dead-end streets shall be prohibited, except as; stubs to
permit future street extension into adjoining tracts, or when
designed as cul-de-sac roads.
504.8 Private streets and reserve strips shall be prohibited and no
public improvements shall be approved for any private street.
All streets shall be dedicated for public use except in
cluster developments or planned unit developments.
504.9 The arrangement of streets in new subdivisions shall make
provision for the appropriate continuation of the existing
streets in adjoining areas.
504.10 Where adjoining areas are not subdivided, but are suitable for
future subdivision, the arrangements of streets 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.
504.11 Where a subdivision abuts or contains an existing or planned
right-of-way of a major thoroughfare, or railroad, the
proposed new streets which parallel the right-of-way may be
required to be designed with adequate separation from such
thoroughfare or railroad. The service streets shall be
located at a distance suitable for appropriate use of the
intervening land for park purposes or for commercial or
industrial purposes if in appropriate districts. The
distances shall be determined considering the requirements of
approach grades.
504.12 Street arrangements shall not cause hardship to owners of
adjoining properties in platting their own land and providing
convenient access to it.
21
a
505 Cut-De-Sac Streets:
505.1 Permanently designed cul-de-sac streets shall not exceed five
hundred (500) feet in length, except as variances are per-
mitted. Such a variance may be granted if it can be clearly
shown that by reason of unfavorable land. form, or the
irregular shape of the land from which the subdivision is
being made, a normal street pattern cannot be established; or
that land would be wasted by not granting such a variance.
505.2 Unless future extension is clearly impractical or undesirable,
the street right-of-way shall be continued with the same
right-of-way width to the property line to permit future
extension of the street into the adjoining tract. A temporary
turnaround right-of-way shall be provided at an appropriate
location near the property line. Please see Frankfort
Township read requirements for required locations of turn-
around designs.
506. Street Design:
506.1 Minimum widths for each type of public street or road shall
be as follows:
Type of Street
Thoroughfare (County)
Collector Street
Minor Street
Marginal Access Street
Cul-de-Sac
Local, industrial and commercial
streets
R-O-W Width
100 feet
80 - 66 feet
66 feet
66 feet
65 foot radius
80 feet
506.2 Where a subdivision abuts or contains an existing street of
inadequate width, sufficient additional width shall be
provided to meet the above standards.
506.3 Additional right-of-way and roadway widths may be required to
promote public safety and convenience when special conditions
require it or to provide parking space in areas of intensive
use.
506.4 Roads with potential for future continuation into undeveloped
adjoining property must be improved to within five (5) feet
of the property line of the subdivision.
507. Restriction of Access:
507.1 Access of minor streets onto State and County State Aid
22
Highways shall not be allowed at intervals of less than five
hundred (500) feet.
507.2 The Planning Commission may recommend and the Town Board may
require that the right of access from any portion or lot of
platted land to any property in which the public has or will
have an interest, including, but not limited to public roads,
be dedicated to the state, county or township. When required,
the plat shall contain a full and accurate description of the
dedication of the right of access, and indicate thereon that
said right of access has been dedicated. The dedication shall
thereafter become a condition or any transfer or conveyance
of a parcel or lot affected by the dedication.
508. Street Jogs:
Street jogs with center line offsets of less than one hundred
fifty (150) feet shall not be permitted.
509. Deflections:
When connecting street lines deflect from each other at any
one point by more than ten (10) degrees, they shall be
connected by a curve with a center line radius of not less
than one hundred (100) feet.
510. Grades•
Center lines gradients shall not exceed the following:.
Classification Gradient (in percent)
Thoroughfares, collector 5
Minor streets, marginal access 8 (3% if within 50
feet of an inter-
section)
Driveways 10
511. Vertical Curves:
Different connecting street gradients shall be connected with
vertical curves. Minimum length, in feet, of these curves
shall be twenty (20) times the algebraic difference in the
percent of grade of the two adjacent slopes.
512. Intersections:
512.1 Angle of Intersection: The angle formed by the intersection
of streets shall not be less than sixty (60) degrees with
ninety (90) degree intersections preferred.
512.2 Intersections of more than four corners shall be prohibited.
512.3 Constructed roadways of street intersections shall be rounded
by a radius of not less than thirty (30) feet. Corners at
23
the entrances to the turnaround portions of cul-de-sacs shall
be rounded by a radius of not less than thirty (30) feet.
513. Curb and Gutter on IIrban Design Streets:
Curb and gutter may be included as a part of the required
street surface improvement for installation along both sides
of urban-designed streets. (See current township road policy
for required width and acceptable designs.)
514. Public utilities:
514.1 When available, extensions of the public water supply system
shall be designed so as to provide public water service to
each lot.
515. Drainage: A complete and adequate drainage system shall be
required for the subdivision and may include a storm sewer
system or system of open ditches, culverts, pipes, and catch
basins, or both systems. The subdivision should be designed
to utilize existing natural flow and drainage routes. The
rate of runoff from all solo divisions shall be limited to
predevelopment rates by use of detention ponds. Calculations
showing current and future runoff rates shall be provided by
a registered engineer.
516. Easements:
516.1 Utility Easements: Easements shall be provided for utilities
where necessary.
1. Ten foot wide front, side and rear yard easements shall
be required.
2. On residential streets a ten foot wide front yard
easement will be required.
3. On State and County Highways additional right-of-way
width shall be dedicated as deemed necessary by Minnesota
Department of Transportation and/or the County Engineer
and no utility easement will be given adjacent to the
highway. (whether on front, side or rear yard of any
lot), unless approved by the above-described agencies.
516.2 Drainage Easements: .Easements shall be provided along each
side of the center line of any water course or drainage
channel to a sufficient width to provide proper maintenance
and protection and to provide for storm water run-off and
installation and maintenance of storm sewers.
516.3 Dedication: Utility and drainage easements shall be dedicated
on the final plat for the required use.
24
517. Street Names: Street names shall conform to the Wright County
Street Naming and Property Numbering System as applicable.
518. Block Rea
standards:
518.1 Block size
such as to
in the are
convenient
traffic.
uirements: Blocks shall meet the following
and dimensions within bounding streets shall be
accommodate the size of residential lots required
a by the zoning ordinance and shall provide for
access, circulation control and safety of street
518.2 In residential areas, other than water fronting, blocks shall
not be less than six hundred (600) feet nor more than thirteen
hundred twenty (1320) feet in length measured along the
greatest dimensions of the enclosed block area, unless minor
exceptions are necessitated by topography or conforihance with
adjoining plat.
518.3 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 for 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. Extensions of right-of-way for roads,
railroads and utilities shall be provided as necessary.
518.4 Blocks shall be wide enough to allow two tiers of lots with
a minimum depth as required by the town Zoning Ordinance
except when adjoining a lake, stream, railroad, or thorough-
fare or where one tier of lots is necessary because of topo-
graphic features.
519. Lot Requirements:
519.1 Side lot lines shall be substantially at right angles to
straight road lines or radial to curved road lines or radial
to lake or stream shores unless topographic conditions
necessitate a different arrangement.
519.2 Each lot shall front upon a public street except in cluster
and planned unit developments.
519.3 No lot shall have less area or width than is required by the
zoning regulations applying to the area in which it is
located, except as herein provided.
519.4 Lots designed for commercial or industrial purposes shall
provide adequate off-the-street service, loading and parking
facilities.
25
519.5 Corner lots shall be platted at least fifteen (15) feet wider
than interior lots.
519.6 Butt lots in any subdivision are to be discouraged. Where
such lots must be used to fit a particular type of design,
they shall be platted at least five (5) feet wider than the
average width of interior lots in the block.
519.7 Through or double frontage lots shall not be permitted except
where such lots abut a thoroughfare or major highway. Such
lots shall have an additional depth of ten. (10) feet for
screen planting along rear lot line.
519.8 Lots abutting upon a water course, drainageway, channel or
stream shall have an additional depth or width, as required
to obtain the height necessary to assure building sites that
are not subject to flooding.
519.9 Lots with lakeshore frontage shall be designed so that the lot
lines extended shall maintain the closest approximation to
riparian rights.
519.10 In the subdividing of any land, regard shall be shown for all
natural features, such as tree growth, water courses, historic
spots, or similar conditions, which if preserved will add
attractiveness and stability to the proposed development.
519.11 All remnants of lots below minimum size left over after
subdividing a larger tract must be added to adjacent lots, or
a plan shown as to future use rather than be allowed to remain
as unusable parcels.
519.12 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 alternative, a temporary entrance may be
granted; as neighboring land becomes subdivided and a
preferable access arrangement becomes possible, such temporary
access permits shall become void.
519.13 Lots extending over political subdivision boundaries or over
school district lines shall be discouraged..
519.14 The lot size, width, shape and orientation shall be appro-
priate for the proposed type of development and shall meet
the minimum requirements of the zoning district according to
the Town Zoning Ordinance in effect on approval of the final
plat.
26
519.15 The depth of a lot shall not be greater than four times the
width.
520. Public Sites and Open Sv_aces:
520.1 In subdividing land or resubdividing an existing plat, due
consideration shall be given to the subdivider and by the
Planning Commission upon review, to the dedication or
reservation of suitable sites for schools, parks, playgrounds,
conservation areas, or other public or semi-public
recreational areas or open spaces. Areas so dedicated or
reserved shall conform as nearly as possible to the Comprehen-
sive Plan. Whenever the Comprehensive Plan shows the proposed
public area partially or completely within a proposed sub-
division, the area of said park or recreational area exceeds
ten (10) percent of the total area of the subdivision, the
preliminary plat of said subdivision shall show the proposed
site as reserved and the Township shall have one year from
date of approval of the preliminary plat by the Planning
commission in-which to purchase said land which exceeds the
said ten (10) percent of the said total area, or to initiate
condemnation proceedings with respect thereto.
520.2 In all subdivisions either ten (l0) percent of the gross area
of the subdivision or $300.00 per newly created lot. shall be
dedicated or paid to the Township for public recreation and
parks. The Planning Commission and Town Board shall determine
whether ten (10) percent of the gross area shall be dedicated
or the per newly lot created shall be paid. Said ten (10)
percent of the total gross area of the subdivision shall be
in addition to any dedication of streets, alleys, and
easements. The location of said dedications within the area
of the subdivision shall .be subject to the approval of the
Town Board.
SECTION 6 - IMPROVEMENTS
601. ReQUired Improvements: Prior to the approval of a plat by the
governing body, the subdivider shall agree to install in
conformity with all applicable standards and ordinances the
following improvements on the site:
601.1 Survey Monuments. All subdivision boundary corners, block and
lot corners, road intersection corners and points of tangency
and curvature shall be marked with survey monuments meeting
the minimum requirements of state law. All U.S., State,
County and other official bench marks, monuments or triangula-
tion stations in or adjacent to the property shall be pre-
served in their precise opposition unless a relocation is
approved by the controlling agency.
27
a
601.2 All Streets must conform to the town of Frankfort's road
specifications in force at the time of the approval of the
preliminary plat. All new township roads are required to be
blacktopped before acceptance.
601.3 Storm Water Drainage: A drainage system design shall be
required, and may include a storm sewer system or a system of
open ditches, culverts, pipes, catch basins, and ponding areas
or both systems. Such facilities and easements shall be
installed so as to adequately provide for the drainage of
surface waters, as needed in the public interest for purposes
of flood plan management, property drainage, prevention of
erosion, pedestrian access to water bodies, or other public
purposes. If there is a watershed district, that board must
approve all surface water drainage.
601.4 Street System: Streets must meet the minimum requirements set
forth in Section 5 of this ordinance and by the Frankfort
Township Road Policy. Streets shall not be accepted•until
they have been inspected and approved by the governing body.
601.5 Utilities: Trunk Facilities. Where a larger size water main,
sanitary sewer, storm drain or similar facility is required
to serve. areas outside the subdivision, the large facility
must be constructed. Additional cost is to be borne. by the
owners of benefiting properties, and the assessments -are
determined by the governing body.
602. Sewer and water in areas with municipal sewer/water availabil-
~~'
602.1 Sewer lines. No public sanitary sewer facilities shall be
extended which are not in conformance with the existing sewer
lines or with the Comprehensive Plan.
602.2 Where trunk line sanitary sewer facilities are available, the
subdivider shall install sanitary sewers and connect such
sanitary sewers to trunk line sewers. Extensions of the
public sewer system shall be designed to provide public sewer
service to each lot.
602.3 Water mains. Where mains from a public water system are
available, the subdivider shall install water mains in the
plat and connect such mains to the public water system.
Extensions of the public water supply system shall be designed
to provide public water service to each lot.
602.4 Where the subdivision is located within the service area of
a public water supply system, water mains not less than six
(6) inches in diameter shall be constructed throughout the
entire subdivision in such a manner as to serve adequately all
lots and tracts with connection to such public system together
28
with shut-vff valves and fire hydrants at intervals in
accordance with recommendations of the Fire Insurance
Underwriters Bureau.
603. Sewer and Water in Rural and IIrban Areas where municipal
Systems are not currently available:
603.1 Where lots cannot be connected with a public sewage system,
provisions must be made for sanitary sewage facilities,
consisting of central treatment plant or individual disposal
devices for each lot. This does not mean that the installa-
tion of individual disposal devices shall be at the expense
of the subdivider.
603.2 Any subdivision or lot not provided with off-site water and
off-site sewer facilities shall be subject to soil and
percolation tests to determine whether or not the proposed lot
size will meet minimum standards of health and sanitation due
to limitations of soils. Such tests shall be made at the
expense of the subdivider after consultation with the Zoning
Administrator. The preliminary plat or sketch map shall
identify the specific locations where tests were made. All
sewage disposal systems shall comply with standards of
Frankfort Township, Wright County, the Minnesota Department
of Health and the Minnesota Pollution Control Agency.
603.3 A water supply system for all areas shall be designed to meet
the regulations and standards of the Township, County and the
Minnesota Department of Health. Where connection with a
public water system is feasible, the public water facilities
shall be utilized.
603.4 An individual well shall be constructed according to Minnesota
State Code.
604. Street Si ns: all street signs shall be provided and
installed by the community at the expense of the subdivider.
605. Miscellaneous Facilities: Tree planting, traffic controls
signs, over-sized utility trunk lines, pedestrian ways, and
other improvements may be required.
606. Payment for Installation of Improvements: The required
improvements as listed elsewhere are to be furnished and
installed at the sole expense of the subdivider.
607.1 Agreement Providing for the_Subdivider~s Installation of
Improvements. Prior to the installation of any required
improvements and prior to approval of the plat, the subdivider
shall enter into a contract in writing, requiring the sub-
divider to furnish and construct said improvements at sole
cost and in accordance with plans. and specification and usual
29
contract conditions. This shall include provisions for
supervision of details of construction by the engineer and
shall grant to the engineer authority to correlate the work
to be done under said contract by any subcontractor authorized
to proceed thereunder and with any other work that done. or
contracted by the community in the vicinity. The agreement
shall require the subdivider to make an escrow deposit or a
letter of credit from a bank showing the subdivider has
adequate financial backing.
607.2 No subdivider shall be permitted to start work on any other
subdivision without special approval of the governing body if
the subdivider has previously defaulted on work or commitments
in the Township.
608.1 Construction Plans and Insvection: Construction plans for the
required improvements shall conform in all respects .with the
standards and ordinances of the Town and shall be prepared at
the subdivider's expense by the appropriate professional
engineer, architect, land surveyor or landscape architect who
is registered in the State of Minnesota, and said plans shall
contain that person's certificate. Such plans together with
the quantities of construction items shall be .submitted to the
Town's Engineer for approval and for an estimate of the total
costs of the required improvements. Upon approval, such plans
shall become apart of the required contract. Two prints of
the approved plans shall be furnished to the Town to be filed
as a public record and an additional print shall be given to
Wright County.
608.2 All required improvements on the site that are to installed
under the provisions of this regulation shall be inspected
during the course of construction by the Town Engineer.
SECTION 7 - APPROVAL OF THE FINAL PLAT
701.1 After the approval and endorsement of a preliminary plat, the
procedures. set for in this section shall be followed. The
final plat shall be prepared by a land surveyor who is
registered in the State of Minnesota and shall conform to all
the requirements of state, and town law.
701.2 Unless an extension of time is requested by the subdivider
and granted by the Town Board upon recommendation of the
Planning Commission, the subdivider shall within one year
following approval of the preliminary plat, submit to the
Zoning Administrator two (2) 22" x 34" and eight (8) 11" x 17"
paper prints of the final plat, together with an up-to-date
abstract of title or Certificate of Title, or title insurance.
Zf the subdivider fails to submit the final plat to the Zoning
Administrator within the designated period without requesting
30
an extension of time, the approval and endorsement of the
preliminary plat, including any rezoning necessitated by the
Preliminary Plat, will be deemed void, and the subdivider
shall initiate a new proceeding in the manner of Section 302.
701.3 Extensions of the period in which to file the final plat may
be granted where the preliminary plat indicates that the
subdivision, .because of its size, is to be developed in
stages, provided the subdivider submits an estimated time
schedule for future staging of the platting and recording of
each stage of the development, and final plats for the portion
of the approved plat which is proposed for immediate develop-
ment, conforming to all requirements of this ordinance, is
filed within the required time, and the final plan for each
succeeding stage of development is filed in accordance with
the extensions granted by the Town Board. The final plat
shall incorporate all changes, modifications and revisions of
the preliminary plat as recommended by the Planning Commission
and approved by the Town Board; except as so modified, the
final plat shall conform to the preliminary plat where the
subdivision is developed in stages, the final plat may
constitute only that portion of the preliminary plat which the
subdivider proposed to record and develop at that time.
701.4 The Final Plat shall comply with the provisions of Chapter 505
of Minnesota Statutes including the requirement that the plat
shall indicate that all monuments have been set or will be set
within one year after recording. A financial guarantee may
be required for the placement of monuments.
701.5 The taxes on the parcels of land being platted must be paid
in full in the year the plat is recorded. Along with paper
prints of the final plat, the subdivider shall furnish .proof
of payment of these taxes. If the tax rolls for the current
year are not yet established by Wright County, then an
estimate of the taxes must be paid.
701.6 All improvements must be completed and accepted by the Town
Board. A developer's agreement may be accepted in lieu of
completions of all improvements. If a developer's agreement
is accepted this agreement must be recorded along with the
plat at the Wright County Recorder's Office. Proof of this
recording must be provided to the Township prior to any
building permits being issued.
701.7 The land surveyor shall certify on the plat that the plat is
a correct representation of the survey, that all distance are
correctly shown on the plat, that all monuments have been
correctly placed on the ground as shown, that the outside
boundary lines are correctly designated on the plat, and if
there are no drainage easements or roadway easements to be
31
designated in accordance with the Minnesota Statutes, Section
505.02, the land surveyor shall so state.
701.8 Review of the Final Plat: After receipt of two (2) 22" x 34"
copies of the final plat, the Zoning Administrator shall refer
one paper print of the plat to the Township Engineer, and one
to the Township Attorney. The Township Attorney shall also
receive an up-to-date abstract of title or a Certificate of
Title or Title Insurance addressed to the Town of Frankfort
Board of Supervisors. If the plat adjoins or involves a
County or State Highway, one copy will be sent to the County
Highway Engineer or Minnesota Department of Transportation.
701.8 The following reports shall be submitted to the Town Board
within 45 days after the submission of the final plat to the
Zoning Administrator.
1. Before a final plat is filed, a letter must be submitted
from the County Surveyor or from another acceptable
Registered Minnesota Land Surveyor stating the final plat
was checked for mathematical accuracy, conforms with
Minnesota State Statutes, Chapter 505, and conforms to
the provisions of the Town Ordinance. A fee shall be
paid to cover public expenses in checking of the final
plat when done by the County Surveyor.
2. The Engineer shall state whether the final plat and the
proposed improvements conform to all engineering
standards including requirements of the Minnesota
Department of Transportation, if applicable.
3. The Attorney .shall state whether the fee simple title to
the platted property is in the name of the subdividers.
4. The Zoning Administrator shall confirm that the final
plat substantially conforms to the preliminary plat as
modified and approved by the Town Board.
5. The predetermined park fee shall be paid.
6. All known legal, engineering and any other. costs
associated with the plat shall be paid to the township
prior to approval.
7. Soil tests on each lot must be submitted to prove that
each lot has a buildable site, a septic site, and an
alternate septic site.
701.9 If any of the reports required by section 701.8 can not be
made within the prescribed period because of the non-
conformity of the final plat to the preliminary plat or the
non-compliance with any applicable statute or township.
32
ordinance, the Town Board shall refer''~he final plat to the
Planning Commission. Within forty-five (45) days after the
final plat is received by the Planning Commission from the
Town Board, the Planning Commission shall .report its recommen-
dations to the Town Board.
701.10 The Town Board shall act on the final plat within sixty (60)
days of the date on which it was submitted to the Zoning
Administrator, except that if the final plat is referred back
to the Planning Commission pursuant to Section 701.9, final
action must be taken within sixty (60) days after the date on
which it was referred to the Planning Commission.
701.11 Prior to the approval of the final plat, the subdivider shall
have installed all required improvements or executed a
developer's agreement with the Town for their installation.
Required improvements shall conform to standards set forth in
this ordinance of other applicable standards. When the final
plat is approved by the Town Board, the subdivider .shall
submit two double mounted, cloth backed prints on card stock
or material of equal quality and two transparent reproducible
copies. In addition to one full size reproducible copy, a
transparent reproducible copy of a scale of one (1) inch to
two hundred (200) feet shall be filed with the office of the
Wright County Surveyor.
701.12 It is the responsibility of the subdivider to file the plat
and any developer agreements with the appropriate county
offices. The subdivider shall record the final plat and
developer's .agreement in the office of the County Recorder
within one hundred twenty (120) days after approval by the
Town Board. Any plat not recorded within the prescribed
period shall be void.
701.13 After the plat is recorded in the County Recorder's Office,
two signed 22" x 34" paper copies of the final plat and a
receipt for recording of any developer's agreement must be
given to the Zoning Administrator. No building permits will
be issued until these are in the office of the Zoning
Administrator.
701.14 Appeals from any order, requirement, decision or determination
made by an administrative official or other body upon these
regulations may be brought pursuant to and in accordance with
the procedure for making such appeals under this ordinance and
also under the Town of Frankfort Zoning Ordinance.
SECTION 8. OTHER TYPES OF DEVELOPMENTS.
801. Planned IInit Developments and Cluster Developments: Upon
receiving a report from the Planning Commission, the Town may
accommodate planned unit developments or cluster developments
33
as defined in the Town of Frankfort Zoning Ordinance, provided
that the town shall find that the proposed development is
fully consistent with the purpose and intent of these regula-
tions. This provision is intended to provide the necessary
flexibility for new land planning and land development trends
and techniques.
801.1 A detailed plan must be submitted for any proposed cluster or
planned unit development, showing all proposed structures,
uses, trafficways, sidewalks, landscaping, off-street parking,
common open spaces and other features and facilities prior to
approval by the Town.
802. Condominium Plats:
In the Town condominium plats shall conform to Minnesota
Statute 515A Uniform Condominium Act.
SECTION 9 -EXCEPTIONS TO PLATTING REQIIIREMENTS:
901. Minor Subdivisions: If a subdivision results in three (3) or
less parcels and is situated in a locality where conditions
are well defined, and no new roads are required, the Town may
exempt the subdivision from some of the platting procedures.
All proposed lots must conform to minimum lot requirements
established for its zoning in the Town of Frankfort Zoning
Ordinance.
901.1 Procedure for Minor Subdivision: After it has been determined
that a minor subdivision is acceptable, the division may be
approved by the Town. The subdivider must present a survey
by a registered land surveyor showing the original lot and
the proposed subdivision. The newly created lots shall meet
all requirement of the Zoning Ordinance. A registered land
surveyor shall state the boundaries of the newly created lots,
write the descriptions and shall prepare the certificate of
survey showing the results of this survey. Soil tests for
the installation of an on-site septic system shall be
submitted to and approved by the Town Zoning department for
each lot proposed. If a house and septic already exists on
a proposed lot, soil tests may be waived for that lot.
901.2 Upon receipt of the following information the Zoning Admini-
strator shall place the minor subdivision request on the
planning commission agenda within thirty (30) days.
901.3 The Planning Commission will approve or disapprove the minor
subdivision. The Zoning Administrator will inform the sub-
divider of the Planning Commission decision.
901.4 After approval of a minor subdivision the minor subdivision
must be recorded at the Wright County Recorder's office within
34
one year. If it is not recorded within one year the minor
subdivision shall become void. It shall be the responsibility
of the subdivider to record the subdivision. Proof of
recording the Subdivision must be provided to the zoning
office prior to the issuance of any building permit.
901.5 A maximum of three lots in a five (5) year period are
permitted following the minor subdivision procedure. Subse-
quent subdivisions in less than five years from the recorded
date of the minor subdivision shall not be permitted to use
the minor subdivision procedures.
901.6. The subdivider shall be required to pay the park fund on a per
lot basis.
901.7 Any proposed minor subdivision which includes land abutting
upon existing State Highway which has been designated by a
centerline order filed in the office of the County Recorder
shall first be presented to the State Commissioner of
Transportation for written comments and recommendations.
902. Resubdivision:
In the case of a request to divide a lot which is part of a
recorded plat where the division is to permit the adding of
a parcel of land to an abutting lot or to create two lots and
the newly created property line will not cause the other
remaining portion of the lot to be in violation with this
regulation or the Zoning ordinance,. the division may be
approved by the Town after submission of a survey by a
registered land surveyor, showing the original lot and the
proposed subdivision.
903. Land Division:
In any case where the division of land into two or more lots
or parcels for the purpose of transfer of ownership or
building improvement is not specifically provided for in the
provision of these regulations, a description of such land
division shall be filed with the Zoning Administrator. No
building permit shall be issued for any construction, enlarge-
ment, alteration, or repair, demolition or moving of any
building or structure on any lot or parcel resulting from such
division, until such division has been approved by the
governing body and recorded at the Wright County Recorder's
Office. Prior to the consideration of such division by the
governing body, they shall require that a certified survey be
submitted.
904. Exceptions:
When requesting a subdivision, if any of the following
35
conditions exist, the Zoning Administrator shall bring the
request to the attention of the Planning Commission, where-
upon, they shall review said request and may exempt the
subdivision from complying with any procedural requirements
of this code deemed inappropriate for adequate review of
subdivision requests.
1) In the case of a request to divide a lot which is part
of a recorded plat where the division is to permit the adding
of a parcel of land to an abutting lot or to create two lots
and the newly created property line will not cause the other
remaining portion of the lot to be in violation with this
chapter or the zoning ordinance.
2) Where doing a lot line adjustment of less than twenty
(20) feet, in order bring a sub-standard lot or parcel of land
in conformance with the zoning ordinance as adopted by the
township. The lot line adjustment must not cause either lot
or parcel of land to be~ in violation of this chapter or the
zoning ordinance.
3) Such division results in parcels having an area of five
(5) or more acres with frontage on a public right-of-way-
measuring three hundred (300) feet or more and when such
division does not necessitate the dedication of a public
right-of-way; or if a lot which is part of a plat recorded in
the recorder's office of Wright County is to be divided and
such division will not cause nay structure on the lot to be
in violation the zoning ordinance.
SECTION 10. BIIILDING PERMIT.
10.01 No building permit shall be issued for any construction,
alteration, enlargement, repair, or moving of any building or
structure on any lot or parcel until all the requirements of
this ordinance have been fully met.
SECTION 11. SEPARABILITY.
11.01 If any section, subsection, sentence, clause, phrase, or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of
the remaining portions hereof.
SECTION 12. AMENDMENTS.
12.01. Amendments may be made to this ordinance by the Town Board
after recommendations of the Planning Commission following the
holding of a public hearing with notice given in the official
newspaper of the Town at lest ten (10) days in advance.
36
A-300.3. Final Plat
(a) Filing. After the preliminary plat has been approved, the final plat shall be
submitted for review as set forth in the subsections which follow. The City may
agree to review the preliminary and final plat simultaneously. The final plat shall
incorporate all changes, modifications and revisions required by the City.
Otherwise, it shall conform to the approved preliminary plat.
(b) Except as provided as specified as part of a development contract, the
submission of a final plat application shall be no later than one hundred (100) days
after the date of approval of the preliminary plat for distribution to the City Council
and appropriate City staff. Ten (10) copies of the final plat and one (1) reduced
copy no larger than eleven by seventeen (11 x 17) inches shall be submitted to the
City Administrator for City review.
(c) All final plats shall comply with the provisions of Minnesota State Statutes
and requirements of this Chapter.
(d) An applicant shall submit with the final plat a current Abstract of Title or a
Registered Property Certificate, along with any unrecorded documents, and an
Opinion of Title.
(e) Review of a Final Plat.
(1) Upon receipt of a final plat, the City Administrator shall refer one copy
each to the City Council, appropriate City staff, the County Surveyor, and the
Watershed District Board, if applicable, and to all applicable utility
companies, and one copy, with Abstract of Title or Registered Property
Certificate and Opinion Title, to the City Attorney.
(2) The City Council may refer the final plat to the Planning Commission
for recommendation if they feel the proposed final plat is substantially
different from the approved preliminary plat. The Planning Commission shall
submit a report thereon to the City Council within forty-five (45) days.
(3) The City staff receiving final plat copies shall submit reports through
the City Administrator to the City Council within fifteen (15) days, expressing
their recommendation on the final plat.
(4) The County Surveyor shall review the final plat and notify the
subdivider's surveyor or final plat preparer of corrections that are to be made
to the final plat.
City of Albertville Subdivision Ordinance
300-4
(5) Prior to approval of a final plat, the applicant shall have executed an
agreement with the City controlling the installation of all required
improvements. Said agreement will require all improvements to comply with
approved engineering standards and applicable regulations.
(6) The City Council shall take action on a final plat not more than sixty
(60) days after the plat is filed with the City Administrator. If the final plat is
not approved, the reasons for such action shalt be recorded in the official
proceedings of the City and shall be transmitted to the applicant.
(7) Upon receiving an approved final plat in conformance with the
requirements of the County Surveyor, representatives of the City shall sign
the plat and the applicant, as a condition of approval, shall record it with the
County Registrar of Titles within one hundred twenty (120) days, or the
approved final plat shall be considered void. If recording is not
accomplished according to these procedures, the City may require another
review of the proposed subdivision according to these regulations and State
law.
(8) The applicant, immediately upon recording, shall furnish the City
Administrator with a reproducible copy of the recorded final plat, either
chronoflex or its equivalent, and two (2) prints. Failure to furnish such
copies shall be grounds for refusal to issue building permits for the lots
within a plat.
(9) Upon receiving approval of a final plat for a portion of an approved
preliminary plat, a continuation of the recognition of the preliminary plat is
not required to maintain its approval. In the event an amendment to the
zoning regulations 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. If the applicant is unable to file a final
plat application within the required one hundred (100) days, such person
shall file a written request for an extension of the preliminary plat approval
with the City Administrator and receive City Council approval prior to the end
of the one hundred (100) days. Said request shall specify and the City shall
approve the length of time the preliminary plat shall remain in full force and
effect.
Subdivision Ordinance
300-5