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1987-2 Frankfort Ordinance Re: Subdivision~ ._ . ~ --- f ORDINANCE NO. 87- FBANBFORT TOiTFSHIP WRIGHT COQNTY, MINNESOTA 'SIIBDIVISION ORDINANCE PROVISIONS AND ADliINISTRATZVE PBOCEDIIRES 100 PREAMBLE:~~ AN ORDINANCE ESTABLISHING_REGULATIONS FOR THE SUBDIVISION AND PLATTING OF LAPtD WITHIN FR~IVKFORT TOWNSHIP, DEFINING CERTAIN TERMS USED HEREIN, PROVIDING-FOR THE PREPARATION OF PLATS; PROVIDING FOR. THE INSTALLATION OF,,STREETS, ROADS A1vD OTHER IMPROVEMENTS; ESTABLISHING PROCEDURES FOR THE APPROVAL AND THE RECORDING OF PLATS; A.ivD PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE . 104 TITLE - ' - This Ordinance^ shall be kn-own as the "Sub division Ordinance of Frankfort Township", and will be .referred to herein as "this Ordinance." ~L~t08 PIIRPOSE AND INTENT This Ordinance is enacted for the following purposes: to safeguard the best ,interests of Frankfort Township; to assist the subdivider in harmonizing his .interests with those of the -~'owaship; to prevent ..piecemeal planning of subdivisions, ` tiiadesirable, disconnected patchwork of pattern, and-poor ;:circulation of traffic-; to correlate land' subdivisions with the . _..: ,. _ .. JTownship's Comprehensive -Plan.; ' to~ secure the rights of the ,Piti;lic, with respect, to public .lands and waters; to improve land records by establishing standards for surveys `and plats; and to . sl~iscourage inferior development which .might .,$due-rsely. affect ~~ "" . property values. It is the puz'p~se and intent :of this Ordinance to make 1~~. .... ,.. certain regulation."sand requirements for the platting of land in /``• - 2 - r Frankfort Township pursuant to the platting authority granted to l r the Township in M.S. Chapter 462, and specifically M.S. 462.358. All land subdivision within Frankfort Township shall equal or exceed the standards set forth in this Ordinance. The standards established by this Ordinance are not intended to repeal, abrogate, annul or impair private agreements or restrictive covenants running with the land which are equal to or more restrictive than the standards hereby established, except that the most restrictive shall apply. The Town Board shall serve as the platting authority of the Township in accordance with M.S. Chapter 462, and specifically M.S.~-462.358. No pl-at, replat, subdivision of land or registered land survey shall be filed or accepted for filing by the `~ Registrar of Titles or County Recorder of Wright County unless it is accompanied by a~certified copy of a resolution adopted by the affirmative vote of a majority of the members of the Town Board approving such plat, replat, subdivision of land or registered land survey. 112 JURISDICTION The regulations herein governing plats and the subdivision of land shall apply to all the areas of Frankfort Township. 116 APPLICATION OF ORDINANCE Any plat, hereafter made, for each subdivision or each part thereof lying within the jurisdiction of this Ordinance, shall be prepared, presented for approval and recorded as herein prescribed. The regulations contained herein shall apply to the subd~yis ion of a lot , tract or parcel of land into two or more ~~ - 3 - lots, tracts or other division of land for the purpose of sale or of building development, whether immediate or future, including the resubdivision or replatting of land or lots . Division of land in tracts larger than forty (40) acres in area and three hundred (300) feet in width where the remainder is not less than forty (40) acres, shall be exempt from the requirements of this Ordinance. 120 APPROVALS NECESSARY FOR ACCEPTAACE OF SIIBDIVISION PLATS Before any plat shall be recorded with the Wright County Recorder or be of any validity, it shall be reviewed by the Township Planning Commission and approved by the Town Board as having fulf filled the requirements of this Ordinance except the Planning Commission shall review and approve alI subdivisions of land where permitted, less than forty (40) acres made by metes and bounds description. 124.0 SIIBMITTAL OF PLATS S~I~iETES ARD BOIIPDS DIV2SIONS 124.1 Preliminary Plat A. Procedure: 1. Approval of the Township Planning Commission. Ten (10) copies of the preliminary plat shall be submitted to the Township Planning Commission at least twenty one (21) days prior to the Planning Commission meeting at which consideration is requested. The Township Planning Commission shall hold a public hearing on said preliminary plat. The notice of the public hearing shall be sent to property owners within five hundred (500) feet. Public notice shall consist of a general description of the proposal, the time, date and place of hearing. The applicant shall provide the tax parcel number or numbers and the names of the property owners within five hundred (500) feet. '~ a. For the purpose of notification, ownership of 1, - 4 - property within the previously described required distance shall be provided ~ the applicant and shall be certified as being correct. a owner, as herein define s a ~ e t e ee owner or contract purchaser. The Planning Commission shall act on each plat thereof submitted within ninety (90) days of date of submission, or such time as mutually agreed by the applicant; failure to act shall be deemed as approval. In case the plat is disapproved, within forty five (45) days, the subdivider shall be notified of the reason for such act ivn and what requirements will be necessary to meet the approval of the Planning Commission. b. Approval or disapproval of the preliminary plat shall be conveyed to the subdivider in writing within forty five (45) days after the meeting of the Planning Commission at which such plat was considered. In case the plat is disapproved, the subdivider .~ shall be notified of the reason for such action. The approval of the preliminary plat does not constitute an acceptance•of the subdivision, but is deemed to be an authorization to proceed with the final plat. The aproval of the preliminary plat shall be effective for a period of six (6) months, unless an ext ension is granted by-the Planning Commission. The subdivider may file a final plat• 1 invited to such portion of the preliminary plat which he proposed to record and develop at the time , provided that such port ion must conform to aII requirements of this Ordinance. If some portion of the final plat has not been submitted for approval within this period, a preliminary plat must again be submitted to the Planning Commission for approval. 2. The preliminary plat shall be accompanied by a fee to be submitted to the Township Clerk as established by the Town Board. Such fee is to be used for the expense of the Township in connection with the review, inspection, approval or disapproval of said plat. 3. Land Survey shall certify conformance to design standards for both preliminary and final plats. 4. Percolation tests are required on each soil typpe of building site groups three (3) through eight (8) within the proposed platted area. The soil types will be determined from the "Wright County Soils Survey Atlas" done by the Soils Conservation Service. The location ~ ~ and number of percolation tests may be reduced only at the direction of the Township Building Inspector. ~Q. - 5 - 124.2 Fiaal Plat A. Procedure: After the preliminary plat has been approved, the final plat may be submitted for approval as follows: I. Examination and approval by the County Surveyor: a. A copy of the final plat, in preliminary fora, shall be submitted to the County Surveyor for examination and approval. The County Surveyor shall examine the plat for conformance to County requirements and Minnesota State statutes. b. The owner of the plat shall be charged a fee for such service, in accordance with a schedule established by the Wright County Board of Commissioners. 2. Approval of the Township Planning Commission: The final plat shall be submitted to the Township Planning Commission at least ten (10) days prior to a Planning Commission meeting at which consideration is requested. The Planning Commission shall act on each plat submitted within sixty (60) days of submission; failure to act shall be deemed as approval. _In case the plat is disapproved, the subdivider shall be notified of the reason for such action and what requirements shall be necessary to meet the approval of the Planning Commission. 3. Approval of the Town Board: After review and approval of the final plat by the Planning Commission, such final plat, with the recommendations of the Planning Commission shall be submitted to the Town Board for action. The Town Board shall act on each plat, recommended by the Planning Commission, within sixty (60) days after submission to the Town Board. Zf accepted, the final plat shall be approved by resolution, which resolution shall provide for the acceptance of all streets, roads, alleys, easements, or other public ways, and parks, or other open spaces dedicated to public purposes. If disapproved, the grounds for refusal to approve a plat shall be set forth in the proceedings of the Town Board and reported to the subdivider applying for such approval. ., ~~ , ;~ ~; - 6 - B. Fees: The Final Plat shall be accompanied by all fees established by these regulations, all fees to be submitted to the Township Clerk. 128 COIiPLI9ACE No plat of any subdivision shall be entitled to record in the Wright County Recorders Office, or have any validity until the plat thereof has been prepared, approved, and acknowledged in the manner prescribed by this Ordinance. 132 BIIILDING PER2iITS No building permit shall be issued by Frankfort Township for the construction of any building, structure or improvement to the land or to any lot in a subdivision, as defined herein, until all requirements of this Ordinance have been complied with. 136 RIILES For the purpose of this Ordinance, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular; and the word "shall" is mandatory and not discretionary. 140 DEFINITIONS For the purposes of this Ordinance, certain words and terms are hereby defined as follows: A11ey - is a public right-of-way which affords a secondary means of access to abutting property. Block - is an area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river, stream or lake. Count - is the County o f Wright . ~` ,~ .County Board - is the Board of County Commissioners of Wright County.