REVISED
MAY
1, 1997
LAND
& RESOURCE MANAGEMENT
FERGUS
FALLS, MN 56537
(SUBDVDFT.DOC)
SUBDIVISION
CONTROLS ORDINANCE OF OTTER TAIL COUNTY
TABLE
OF CONTENTS
I.
GENERAL PROVISIONS
1.
Title
2. Purpose
3. Legal Authority
4. Compliance
5. Savings
Clause
6. Exemptions
II.
DEFINITIONS
III.
PLATTING PROCEDURES
1.
Pre-Application Meeting
2. Preliminary
Plat
3. Final Plat
IV.
PLATTING PRESENTATION REQUIREMENTS
1.
Preliminary Plat
2. Final Plat
V.
PLAT DESIGN STANDARDS
1.
Roads
2. Easements
3. Lots
VI.
REQUIRED IMPROVEMENTS
1.
Monuments
2. Roads
3. Water Supply
4. Sanitary Sewer
5. Stormwater
Management
VII.
METES AND BOUNDS STANDARDS
VIII.
SUBDIVISION OF REGISTERED LAND
IX.
ADMINISTRATION
1.
Variance From Standards
2. Appeals
3. Enforcement
And Penalties
APPENDIX
I (Preliminary Title Opinion)
APPENDIX
II ( Final Title Opinion)
APPENDIX
III (Minimum Road Standards)
----------------
I.
GENERAL PROVISIONS
1.
Title:
This
Ordinance from the date of its passage shall
be entitled:
SUBDIVISION CONTROLS ORDINANCE OF OTTER
TAIL COUNTY
2.
Purpose:
In
order to integrate new subdivisions with
the development objectives of Otter Tail
County and to contribute to an attractive,
stable and wholesome environment, adequate
public services and an integrated safe road
and highway system, the subdividing of land
in Otter Tail County outside the incorporated
limits of cities or towns having the powers
of statutory city pursuant to law shall
be required.
3.
Legal Authority:
This
Ordinance is enacted pursuant to Minnesota
Statutes 394.21 through 394.37.
4.
Compliance:
A.
No subdivision of any real property of less
than two and one-half 2.5 acres shall be
made except by a plat duly approved by the
County Board and properly recorded in the
Office of the County Recorder, Otter Tail
County, Minnesota.
B.
No subdivision of any real property of less
than 5five acres, which is located within
the Shoreland Area or which contains any
wetland area, shall be made except by a
plat duly approved by the County Board and
properly recorded in the Office of the County
Recorder, Otter Tail County, Minnesota.
C.
No conveyance other than those described
in paragraphs A and B above, shall be recorded
unless it meets the requirements of Section
VII herein.
D.
No conveyance or other document creating
a subdivision of any real property other
than by a duly approved plat, shall be recorded
unless accompanied by a registered surveyor's
drawing for recording. The surveyor's drawing
shall accurately illustrate the SubdividerÆssubdivider's
entire lot, parcel or tract which is subdivided
by the conveyance or other document, and
shall illustrate the location of any wetlands
on that property. No conveyance or other
document shall be recorded unless accompanied
by this surveyor's drawing.
E.
Any surveyor performing a survey in Otter
Tail County shall file a copy of that survey
with the County Recorder.
F.
No deed or other document purporting to
subdivide property shall be recorded or
certified for recording by the County Auditor,
County Treasurer or County Recorder unless
it meets the requirements set forth above.
5.
Savings Clause:
All
plats approved under this Ordinance are
approved for County purposes only and shall
not release the subdivider from any liability
or obligation imposed by Minnesota Statutes,
Federal Law or a more restrictive Township
Ordinance relating thereto. In the event
any provision of this Ordinance shall be
found contrary to law by a Court of competent
jurisdiction from whose final judgment no
appeal has been taken, such provision shall
be considered void. All other provisions
of this Ordinance shall continue in full
force and effect as though the voided provision
had never existed.
6.
Exemptions:
A.
The division of a surveyed lot, parcel or
tract for the purpose of attachment to contiguous
lots where no residual plot or lot or real
property is left unattended is exempted
from the provisions of this Ordinance, as
are subdivisions conveying property to a
public utility for such things as substations,
poles, towers, telephone booths, etc.
B.
If the parcel can be described as a rectangular
portion of a parcel of the government rectangular
survey system, a surveyor's drawing will
not be required.
C.
Metes and Bounds subdivisions of less than
2.5 acres (Sec.I.4.A.) or less than 5 acres
(Sec.I.4.B.) that will be permanently attached
to an adjacent contiguous parcel will be
exempt from the minimum size requirements
provided all other conditions of this Ordinance
are complied with.
II.
DEFINITIONS
As
used in this Ordinance words in the present
tense shall include future tense and words
used in the singular number shall include
the plural number and the plural the singular.
The word "shall" is mandatory
and not discretionary. The word "may"
is permissive.
For
the purpose of this Ordinance certain terms
and words are herein defined as follows:
1.
Administrative Officer: The Administrator
of the Office of Land and Resource Management
of Otter Tail County and his assistants.
2.
Alley: Any strip of land publicly or
privately owned, less than 33 feet in width
between property lines, set aside for public
vehicular access to abutting property.
3.
Arterial Road or Highway (primary):
A road or highway of considerable continuity
designed primarily to serve as an interconnection
link between sectors of the County and beyond
(such as from within a city to outlying
areas).
4.
Backlot: Residential lots without water
frontage located in the Shoreland Area of
Otter Tail County.
5.
Backslope: The portion of the roadway
cross-section beginning at the outside edge
of the ditch bottom, sloping upward to a
point where the slope intersects the existing
ground line.
6.
Bluff: A topographic feature such as
a hill, cliff or embankment having all of
the following characteristics:
A.
Part or all of the feature is located in
the Shoreland Area.
B.
The slope rises at least 25 feet above the
Ordinary High Water Level.
C.
The grade of the slope from the toe of the
bluff to a point 25 feet or more above the
Ordinary High Water Level averages 30% percent
or greater.
D
The slope must drain toward the water body.
If
the 50 foot segment on either side of the
point at which a feature is 25 feet above
the OHWL has a slope of 30% or more, it
is a bluff.
An
area with an average slope of less than
18 percent over a distance of 50 feet or
more shall not be considered part of the
bluff.
7.
Collector Road (secondary): A road designed
to serve internal traffic circulation of
a recognized land use area which distributes
and collects traffic from local roads and
connects with Arterial Roads and/or Highways.
8.
Commissioner: Commissioner of the Department
of Natural Resources.
9.
Crowding Potential: The "crowding
indicator" as set forth in the most
recent Otter Tail County Shoreland Development
Study.
10.
Cul-de-sac: A road having but one end
open to traffic and the other end being
permanently terminated by a vehicular turnaround.
11.
Dedicated Road: A roadway designated
for public use.
12.
Development Objectives: Those goals
defined as part of the County's comprehensive
planning program which indicate how the
County wishes to develop itself in line
with orderly and logical direction.
13.
Easement: A grant by an owner of land
for the specific use of said land by the
public, generally, or to a person or persons.
14.
Fee Schedule: A document setting forth
Otter Tail County's fees for Permits, Appeals,
Variances and Subdivision filings as determined
by the County Board of Commissioners.
15.
Final Plat: The final map, drawing or
chart on which the SubdividerÆssubdivider's
plan of subdivision is presented to the
County Board for approval and which, if
approved will be submitted to the County
Recorder.
16.
Inslope: The portion of the roadway
cross-section beginning at the outside edge
of the roadway shoulder, sloping downward
to the inside edge of the ditch bottom.
17.
Local Road (tertiary): A road designed
for access to abutting property and not
intended to facilitate through traffic.
18.
Lot: A parcel of land designated by
plat, metes and bounds, registered land
survey, auditors plat or other accepted
means and separated from other parcels or
portions by said description for the purpose
of sale, lease or separation.
19.
Metes and Bounds: A description of real
property which identifies a parcel of land
by its shapes and boundaries, starting at
a known point and describing the bearing
and distances of lines forming the boundaries
of the property or delineating a fractional
portion of a section, lot or area by described
lines or portions thereof.
20.
Ordinary High Water Level: The boundary
of public waters and wetlands, and shall
be an elevation delineating the highest
water level which has been maintained for
a sufficient period of time to leave evidence
upon the landscape, commonly that point
where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial.
For watercourses, the Ordinary High Water
Level is the elevation of the top of the
bank of the channel. For reservoir and flowages,
the Ordinary High Water Level is the operating
elevation of the normal summer pool.
21.
Owner: Any individual, firm, association,
syndicate, co- partnership, corporation,
trust or any other legal entity having sufficient
proprietary interest in the land sought
to be subdivided to commence and maintain
proceedings to subdivide the same under
this Ordinance.
22.
Preliminary Plat: The preliminary map
drawing or chart indicating the proposed
layout of the subdivision to be submitted
to the Planning Commission and County Board
for their consideration.
23.
Public Road: A particularly described
and identified right-of- way, at least 33
feet in width, dedicated to public use for
road or highway purposes.
24.
Service Road: A public road having a
traveled surface of at least 24 feet in
width24' lying parallel and adjacent to
an Arterial Road or Highway and which provides
access to abutting properties and protection
from through traffic.
25.
Shoreland Area: Land located within
the following distances from public water:
1,000 feet from the Ordinary High Water
Level of a lake, pond or flowage; and 300
feet from a river or the landward extent
of a flood plain designated by Ordinance
on a river, whichever is greater. The limits
of shorelands may be reduced whenever the
waters involved are bounded by topographic
divides which extend landward from the waters
for lesser distances and when approved by
the Commissioner.
26.
Structure: Any building or appurtenance,
including but not limited to, vision obstructing
fences, decks, retaining walls, satellite
dishes, except aerial or underground utility
lines, such as sewer, electric, telephone,
telegraph, gas lines, tower poles and other
supporting facilities.
27.
Subdivider: Any person commencing proceedings
under this Ordinance to effect a subdivision
of land for himself or for another.
28.
Subdivision: A parcel of land which
is divided.
29.
Wetland: A surface water feature classified
as a wetland in the United States Fish and
Wildlife Service Circular #39 (1971 Ed.),
which is hereby incorporated by reference,
is available through the MinitexMinuet Interlibrary
Loan System and the Land & Resource
Management Office, and is not subject to
frequent change.
III.
PLATTING PROCEDURES
The
following procedures shall be followed in
the administration of this Ordinance and
no real property within the jurisdiction
of this Ordinance shall be subdivided and
offered for sale or a plat recorded until
a pre-application meeting has been held,
a preliminary plat has been reviewed and
approved and until a final plat has been
reviewed and approved as set forth in the
procedures provided herein.
1.
Pre-Application Meeting:
Prior
to the submission of any plat for consideration
by the Planning Commission under the provisions
of this Ordinance, the subdivider may meet
with the Administrative Officer to introduce
himself as a potential subdivider and learn
the relevant requirements of Otter Tail
County Ordinances.
2.
Preliminary Plat:
A.
Submission of Plat:
The
subdivider shall submit to the Administrative
Officer twenty-two (23) copies of a preliminary
plat of his proposed subdivision, the requirements
of which are set forth in this Ordinance.
Any application for a Conditional Use Permit
to authorize road construction on the platted
property shall also be filed at the same
time. They shall be filed at least thirty
(30) days prior to a regularly scheduled
Planning Commission meeting and shall be
accompanied by the fees set forth in the
Fee Schedule.
B.
Notice Procedure:
At
least twenty-seven (27) days prior to the
public hearing on the preliminary plat,
the Administrative Officer shall submit
one (1) copy of the preliminary plat to
the governing bodies of any city, the incorporated
limits of which lie within two (2) miles
of the proposed subdivision, and to each
town board of the Township wherein the subdivision
is proposed. In addition one (1) copy shall
be retained by the Administrative Officer
and one (1) copy submitted to each of the
following: the County Attorney, County Assessor,
County Auditor, County Engineer, County
Treasurer, County Planning Commission Members,
appropriate Otter Tail Soil and Water Conservation
Districts, Army Corps of Engineers and each
public utility providing electric, gas and
telephone service. Notice of the public
hearing at which the Planning Commission
will consider the preliminary plat shall
be made by the Administrative Officer pursuant
to Minnesota Statutes 394.26. The owner
or subdivider shall also be notified as
to the time and place of the public hearing.
C.
Public Hearing:
At
the public hearing set for consideration
of the preliminary plat, the Planning Commission
shall consider comments to the Notice of
Plat, and it shall also review the preliminary
plat from the standpoint of environmental
impact, compatibility with surrounding area,
suitability of area for subdividing, public
health and welfare, crowding potential,
the compatibility with the Otter Tail County
Comprehensive Plan and overall County planning.
Design standards and required improvements
as set forth hereafter may be waived if
similar provisions of a more stringent nature
are requested from any city or township
required under the terms of this Ordinance
to review the subdivision, provided that
such provisions are included in a subdivision
controls ordinance regularly enforced in
such city or township.
D.
Planning Commission Action:
At
the conclusion of the public hearing set
forth in the preceding paragraph, the Planning
Commission shall either recommend approval,
conditional approval or denial of the preliminary
plat. The Planning Commission may also table
the preliminary plat for future consideration.
The Planning Commission shall not approve
a preliminary plat unless the presentation
requirements set forth in Section IV have
all been met. No lot on the preliminary
plat shall be approved if in the opinion
of the Planning Commission a lot does not
have dedicated road access, an adequate
building site, or sufficient area for two
(2) onsite individual sewage treatment systems
in areas where public services are not available,
meeting the requirements of all rules and
regulations in this Ordinance, the Shoreland
Management Ordinance and the Sanitation
Code of Otter Tail County.
The
action of the Planning Commission shall
be stated in writing setting forth the conditions
of approval, reasons for approval or the
reasons for denial. The Planning Commission's
recommendation shall then be submitted to
the Otter Tail County Board of Commissioners.
E.
County Board Action:
The
County Board shall consider the Planning
Commission's action at their next regularly
scheduled meeting and shall either approve,
approve with conditions, deny or table for
future consideration. Approval shall mean
the acceptance of the design as a basis
for preparation of the final plat, and the
submission of such final plat for approval.
Approval by the County Board of all engineering
proposals presented in the preliminary plat
which pertain to such things as water supply,
sewage disposal, storm drainage, gas and
electric service, road gradients and widths
and the surface of roads is required prior
to the approval of the final plat. The Board
may, after notifying the subdivider, employ
qualified persons to check and verify each
proposal, the costs of such services shall
be paid by the subdivider.
3.
Final Plat:
A.
Filing of the Final Plat:
The
owner or subdivider shall file with the
Administrative Officer within 1one (1) year
of the date of the approval of the preliminary
plat, the final plat which shall substantially
conform to the preliminary plat as approved.
(See Section IV.2.GIV,2.G. for filing document
requirements.)
Final
plat approval shall not be granted to any
plat which is not filed within the time
herein specified; unless an extension is
requested in writing and for good cause,
granted by the County Board. The final plat
shall be presented to the County Board at
a scheduled Board meeting which is at least
two (2) weeks after the date of filing with
the Administrative Officer.
B.
Contents:
The
subdivider may file a final plat limited
to such portion of the preliminary plat
which he proposed to record and develop
at one time, provided that such portion
must conform to all requirements of this
Ordinance. Lots which have received preliminary
approval but are not included on the final
plat must be considered as a new subdivision.
C.
Review:
The
Administrative Officer shall check the final
plat to see that it is in substantial conformity
with the preliminary plat as approved by
the County Board and that it meets all Ordinances
and regulations of the County.
D.
County Board Action:
Final
plat approval shall not be granted unless
all presentations requirements of Section
IV of this Ordinance have been met. The
County Board shall approve, deny or table
the final plat, and the Clerk of the County
Board shall notify the owner or subdivider
of the Board's actions within 30 days.
The
final plat, if approved, shall then be filed
with the County Recorder. If any irregularity
prevents recording of the final plat, the
County Auditor shall notify the owner or
subdivider. Any approval of the final plat
by the Board shall be null and void if the
plat is not recorded with the County Recorder
within ninety (90) days after the date of
approval unless application for an extension
of time is made, in writing, during said
ninety (90) day period, to the County Board
and for good cause granted by the Board.
IV.
PLATTING PRESENTATION REQUIREMENTS
Each
lot created through subdivision must be
suitable in its natural state for the proposed
use with minimal alteration. Suitability
analysis by the local unit of government
shall consider susceptibility to flooding,
existence of wetlands, soil and rock formations
with severe limitations for development,
severe erosion potential, steep topography,
inadequate water supply or sewage treatment
capabilities, near-shore aquatic conditions
unsuitable for water-based recreation, important
fish and wildlife habitat, presence of significant
historic sites or any other feature of the
natural land likely to be harmful to the
health, safety or welfare of future residents
of the proposed subdivision or of the community.
1.
Preliminary Plat:
A.
Preliminary plat must be prepared by a Minnesota
Registered Land Surveyor.
B.
Scale: One1 inch equals 100 feet, if possible,
but not smaller than one1 inch equals 200
feet.
C.
Identification and Description:
1.
Proposed name of subdivision, which name
shall not duplicate or closely resemble
the name of any plat previously recorded
in the County.
2.
Location by section, township, range or
by other identifying description.
3.
Names and addresses of the owner, subdivider,
surveyor and designer of the plan.
4.
Graphic scale.
5.
North point.
6.
Date of preparation.
D.
Existing conditions in tract and in surrounding
area to a distance of 300' feet:
1.
Boundary line of proposed subdivision, clearly
outlined and dimensioned.
2.
Total acreage and total water frontage (Shoreland
Areas).
3.
Platted roads, rights-of-way and utility
easements.
4.
Boundary lines and ownership of adjoining
land.
5.
Sewers, water mains or wells, culverts or
other underground facilities.
6.
Plans for the provision of potable water,
sewage disposal, drainage and flood control.
7.
Existing structures.
8.
Summary of soil and vegetation types (terrestrial
and aquatic).
9.
Lakes, water courses and wetlands and such
other information as soil tests, location
of the Ordinary High Water Level and contours
at vertical intervals of not more than ten
(10) feet. All elevation data shall be mean
sea level or some other assumed, workable
datum.
10.
Evidence that the ground water level is
at least three (3) feet below the level
of finished grades or plans for resolving
any ground water problems.
11.
Structure setbacks from any lake, river,
road right-of-way, lot line and bluff as
set forth in the Shoreland Management or
Setback Ordinances of Otter Tail County,
Minnesota, must be clearly shown by dotted
lines on the plat. Areas suitable for structure
location shall be clearly indicated.
E.
Subdivision Design Features:
1.
Layout and width of proposed road right-of-ways
and utility easements, showing road names,
approximate lot dimensions, parks and other
public areas. All roads must be identified
and signed in accordance with the provisions
of the County's Enhanced 911 Countywide
Addressing SystemThe name of any road heretofore
used within the Post Office service area
of the proposed subdivision shall not be
used, unless the proposed road is an extension
of an already named road, in which event
the name shall be used. The road right-of-way
layout shall include all contiguous land
owned or controlled by the subdivider.
2.
Proposed use of all parcels, and if zoning
change is contemplated proposed rezoning.
3.
Preliminary road grades and drainage plans
shall be shown on a copy of the contour
map.
4.
Statement of proposed protective covenants.
5.
Statement of source of water supply.
6.
Statement of provisions for sewage treatment.
In areas where a public sewage treatment
system is unavailable, a lot must contain
sufficient suitable area for the installation
of two (2) standard onsite sewage treatment
systems. Lots that would require use of
holding tanks shall not be approved.
7.
Dedications:
If
local governments require land or easement
dedications, they must provide easements
over natural drainage or ponding areas for
management of stormwater and significant
wetlands. Provisions for surface water drainage
and flood control must be provided.
F.
Preliminary Title Opinion:
The
subdivider shall provide a Preliminary Title
Opinion, prepared by an attorney of the
SubdividerÆssubdivider's choosing,
in substantial conformity with the form
set forth as Appendix I to this Ordinance.
G.
Onsite: Within fourteen (14) days of submitting
the preliminary plat, the subdivider must
clearly stake and identify the tentative
proposed lot corners and the proposed center
line of the road serving the proposed subdivision.
2.
Final Plat:
The
final plat shall include the following:
A.
Such information as was found necessary
for review and requested by the Planning
Commission or County Board of Commissioners.
B.
Data requirements as set forth in Chapter
505, Minnesota Statutes and also the following:
All
interior and exterior boundary lines shall
be correctly designated on the plat and
shall show bearings on all straight lines,
or angles at all angle points, and central
angle and radii and arc lines for all curves.
Durable iron monuments shall be set at each
angle and curve point on the interior and
exterior boundary lines and at all block
corners and at all intermediate points on
the block or lot lines indicating a change
of direction in the lines. The plat shall
indicate that the monuments have been set.
C.
An identification system for all lots and
blocks. All lots shall be numbered consecutively.
D.
The area (in square feet) and dimensions
of all lots in feet.
E.
The Subdivider shall submit two (2) hardshells,
one (1) transparency copy and six (6) duplicate
copies of the final plat.
F.
All signatures on the plat must be in black
ink.
G.
Certification by a registered land surveyor
to the effect that the plat represents a
survey made by him and that monuments and
markers shown thereon exist as located and
that all dimensional and geodesic details
are correct.
H.
Notarized certification by the owner and
by any mortgage holder of record, of the
adoption of the plat and the dedication
of roads and other public areas.
I.
Certification showing that all taxes currently
due on the property to be subdivided have
been paid in full for the calendar year
in which the plat is filed.
J.
Form for approval by Registered Land Surveyor:
I
hereby certify that I have reviewed this
plat and found it to be in compliance with
the surveying requirements of the Subdivision
Controls Ordinance of Otter Tail County
and Chapter 505 Minnesota Statutes.
K.
Approval by Subdivider's Attorney:
The
Subdivider shall provide the Auditor's Office
with a Final Title Opinion prepared by the
attorney who prepared the Preliminary Title
Opinion in substantial conformity with the
form set forth as Appendix II to this Ordinance,
within fourteen (14) days of the final plat
being recorded. The attorney shall also
sign the following statement on the face
of the plat prior to filing:
I
hereby certify that proper evidence of title
has been presented to and examined by me,
and I hereby approve this plat as to form
and execution.
L.
Form for Mortgage Statement:
I
hereby attest to the fact that there are
no mortgages, other than shown, outstanding
against any of the property in this subdivision.
Signed
_____________________________________ Dated
________.
Subdivider
L.
Form for approval by County Recorder:
I
hereby certify that the within instrument
was filed in this office for record on the
_______ day of ___________,_______, at _________
o'clock ___.M., and was duly recorded in
Book of _________ on page _____.
Signed
________________________________
County
Recorder
Signed
________________________________
Deputy
Recorder
M.
Form for acknowledgment by Township Board:
Acknowledged
by the __________________ Township Board,
this ___________ day of __________, _________.
Signed
___________________________________
Township
Chairman
N.
Form for comparison by Administrative Officer:
Comparison
with Preliminary Plat made this _______
day of _________,__________ Signed ____________________________________
County
Administrative Officer
O.
Form for approval by County Board:
Accepted
and approved by the Board of Commissioners
of Otter Tail County, Minnesota, this ______
day of _________, _________.
Signed
__________________________________
County
Board Chairman
Signed
__________________________________
Clerk
of County Board
P.
Form for approval by County Treasurer:
I
hereby certify that the taxes for the year
____________ for the lands described within
are paid.
Signed
__________________________________ Dated
___________.
County
Treasurer
MQ.
Form for approval by County Auditor:
No
delinquent taxes and transfer entered. Dated
_____________.
Signed
_________________________________
County
Auditor
Signed
_________________________________
Deputy
Auditor
N.
Form for approval by County Treasurer:
I
hereby certify that the taxes for the year
____________ for the lands described within
are paid.
Signed
__________________________________ Dated
___________.
County
Treasurer
O.
Form for approval by County Board:
Accepted
and approved by the Board of Commissioners
of Otter Tail County, Minnesota, this ______
day of _________, _________.
Signed
__________________________________
County
Board Chairman
Signed
__________________________________
Clerk
of County Board
P.
Form for acknowledgment by Township Board:
Acknowledged
by the __________________ Township Board,
this ___________ day of __________, _________.
Signed
___________________________________
Township
Chairman
Q.
Form for comparison by Administrative Officer:
Comparison
with Preliminary Plat made this _______
day of _________,__________
Signed
____________________________________
County
Administrative Officer
R.
Form for approval by County Recorder:
I
hereby certify that the within instrument
was filed in this office for record on the
_______ day of ___________,_______, at _________
o'clock ___.M., and was duly recorded in
Book of _________ on page _____.
Signed
________________________________
County
Recorder
Signed
________________________________
Deputy
Recorder
R.
Form for Mortgage Statement:
I
hereby attest to the fact that there are
no mortgages, other than shown, outstanding
against any of the property in this subdivision.
Signed
_____________________________________ Dated
________.
Subdivider
V.
PLAT DESIGN STANDARDS
1.
Roads:
The
design of all roads shall be considered
in relation to existing and planned roads,
to reasonable circulation of traffic, topographical
conditions, to run off of storm waters and
to the proposed uses of the areas to be
served.
A.
Where adjoining areas are not subdivided,
the arrangement of roads in new subdivisions
shall make provisions for the proper projection
of roads. When a new subdivision adjoins
unsubdivided land susceptible of being subdivided,
then the new road shall be carried to the
boundaries of such unsubdivided land. Where
new roads extend existing adjoining roads,
their projections shall be at the same or
greater width, but in no case, less than
the minimum required width.
B.
The minimum road design standards of Otter
Tail County, including road width and grade
standards, shall be observed by the subdivider,
as set forth in Appendix III.
C.
Straight segments of at least one hundred
(100) feet in length shall be introduced
between reverse curves on collector roads
and fifty (50) feet on local roads and alleys.
D.
Insofar as practical, road intersections
shall be at right angles and no intersection
shall be at an angle of less than 45 degrees.
It must be evidenced that safe and efficient
traffic flow is encouraged.
E.
Private roads shall not be approved nor
shall public improvements be approved for
any previously existing private road.
F.
Where a proposed plat is adjacent to a primary
road or highway, the County Board may require
the subdivider to provide a service road
along the right-of-way of such facility.
G.
The road arrangements shall not be such
as to cause hardship to owners of adjoining
property in platting their own land and
providing convenient access to it.
H.
At road intersections, curb lines shall
be rounded at a radius of not less than
fifteen (15) feet.
2.
Easements:
A.
Utility easements at least ten (10) feet
wide shall be provided for utilities where
necessary. They shall be centered on rear
and other lot lines or within alley rights-of-way.
They shall have continuity of alignment
from block to block. At deflection points,
easements for pole line anchors shall be
provided where necessary.
B.
Where a subdivision is traversed by a water
course, drainage way, channel or road, there
shall be provided a storm water easement
or drainage right-of-way substantially with
the lines of such water course, together
with such further width or construction
or both as will be adequate for stream channel,
but also adjoining areas that have been
subject to flooding in years of heavy runoff.
3.
Lots:
A.
Where possible, side lot lines shall be
at right angles to straight or radial to
curved road lines. Each lot shall front
on a public road or highway. Lots with frontage
of two parallel roads shall be permitted
only under unusual circumstances.
B.
Lots within Shoreland Areas must comply
with the minimum lot sizes specified in
Sec.III.4.A. ofSec.III.4.A.of the Shoreland
Management Ordinance of Otter Tail County.
Platted lots outside of a Shoreland Area
shall be 20,000 square feet or larger in
area and have a minimum width of 120 feet.
C.
There shall be no direct vehicular access
to a primary road, and residential lots
shall be separated from primary roads and
railroad rights-of way by a twenty-five
(25) foot buffer strip in instances where
they do not front on a service road which
may be in the form of added depth or width
of lots backing on or siding on the road
or railroad right-of-way.
D.
Lot remnants which are below the minimum
lot size must be added to adjacent or surrounding
lots rather than be allowed to remain as
an unusable outlot or parcel unless the
owner can show plans consistent with the
purpose of this Ordinance for the future
use of such remnants.
VI.
REQUIRED IMPROVEMENTS
Before
the County Board approves a final plat,
the subdivider shall give satisfactory assurance
of the provision of the following requirements:
1.
Monuments:
Steel
monuments shall be placed at all block corners,
angle points, points of curves in roads
and at intermediate points as shown on the
final plat. All U.S., State, County or other
official benchmarks, monuments or triangulation
stations in or adjacent to the property
shall be preserved in precise position.
2.
Roads:
All
roads shall be improved in accordance with
the road design standards as specified in
Appendix III.
3.
Water Supply:
Wherever
connection with a community or public water
system is possible, the public water shall
be used. In other case, individual wells
shall be used. Either shall be provided
in accordance with State and County regulations.
4.
Sanitary Sewer:
Wherever
trunk line sanitary sewer facilities are
available, the subdivider shall be required
to install sanitary sewers and connect the
same to such trunk line sewers. In other
cases, individual onsite sewage treatment
systems shall be used. Either shall be provided
in accordance with State and County regulations.
5.
Stormwater Management:
A.
When possible, existing natural drainageways,
wetlands and vegetated soil surfaces must
be used to convey, store, filter and retain
stormwater runoff before discharge to public
waters.
B.
Development must be planned and conducted
in a manner that will minimize the extent
of disturbed areas, runoff velocities, erosion
potential and reduce and delay runoff volumes.
Disturbed areas must be stabilized and protected
as soon as possible and facilities or methods
used to retain sediment on the site.
C.
When development density, topographic features,
and soil runoff using natural features,
and vegetation, various types of constructed
facilities such as diversions, settling
basins, skimming devices, dikes, waterways
and ponds may be used. Preference must be
given to designs using surface drainage,
vegetation and infiltration rather than
buried pipes and man-made materials and
facilities.
D.
The following are specific standards:
1.
Constructed facilities which are used for
stormwater management must be designed and
installed consistent with the Field Office
Technical Guide of the local Soil And Water
Conservation Districts.
2.
Newly constructed stormwater outfalls to
public waters must provide for filtering
or settling of suspended solids and skimming
of surface debris before discharge.
VII.
METES AND BOUNDS STANDARDS
No
subdivision of real property in which the
divided tract is described by metes and
bounds shall be permitted, unless all tracts
meet the following standards:
1.
Each lot, located in the Shoreland Area
or containing a wetland area must be a minimum
of five5 acres in size; and all other lots
must be a minimum of 2.5 acres in size.
2.
Certification of township approved public
road access.
3.
All roads must be identified on the surveyor's
drawing and signed in accordance with the
provisions of the County's Enhanced 911
Countywide Addressing System.
4.
Sufficient suitable area for the installation
of two (2) standard onsite sewage treatment
systems.
54.
A registered surveyor's drawing accompanies
the document creating the subdivision for
recording, as required by Section I.4.D.,
above.
65.
The surveyor's drawing contains the following
form for signature by the property owner:
I hereby certify that the subdivided property
described in this survey meets the County
requirements for public road access and
sewage treatment systems.
VIII.
SUBDIVISION OF
REGISTERED LAND
The
owner of unplatted registered land, who
conveys any part of it which is not a full
government subdivision, or simple fractional
or quantity part of a full government subdivision,
shall first file with the Registrar of Titles
a registered land survey in triplicate of
said parcel of unplatted land, showing the
tract or tracts being or to be conveyed.
IX.
ADMINISTRATION
1.
Variances form Standards:
In
any case where, upon application of any
responsible parties to the Board of Adjustment,
it appears by reason of exceptional circumstances,
that the strict enforcement of any provision
of the standards would cause unnecessary
hardship under the circumstances, the Board
of Adjustment may permit a variance therefrom
upon such conditions as it may prescribe
consistent with the general purposes of
this Ordinance and the intent of this and
all other applicable State and local regulation.
2.
Appeals:
The
Board of Adjustment shall hear and decide
appeals from and review any order, requirements,
decisions or determinations made by any
Administrative Officer charged with enforcing
any provision of this Ordinance.
3.
Enforcement and Penalties:
A.
This Ordinance shall be administered and
enforced by the Administrative Officer who
is hereby designated the enforcing officer.
B.
Any violation of the terms and provisions
of this Ordinance shall constitute a misdemeanor.
All fines paid for violations shall be credited
to the County General Revenue Fund. Each
24-hour day that a violation continues shall
constitute a separate offenses.
C.
In the event of a violation or threatened
violation of this Ordinance, the County
Board and/or the Administrative Officer,
in addition to other remedies may institute
appropriate actions or proceedings to prevent,
restrain, correct or abate such violations
or threatened violations, and it shall be
the duty of the County Attorney to institute
such action. This will include, but not
be limited to, actions for injunctive relief
before a court of competent jurisdiction.
D.
Any taxpayer or taxpayers of the County
may institute mandamus proceedings in District
Court to compel specific performance by
the proper officer or officers of any duty
required by this Ordinance.
E.
All employees of the Otter Tail County Land
and Resource Management Office, members
of the County Board of Commissioners, Planning
Commission and Board of Adjustment, in the
performance of their duties, shall have
free access on all land included within
the boundaries of a proposed subdivision.
F.
Effective Date:
This
Ordinance as amended shall be in full force
and effect on and after May 1, 1997.
APPENDIX
I
PRELIMINARY
TITLE OPINION
Otter
Tail County Board of Commissioners
Otter
Tail County Courthouse
Fergus
Falls, MN 56537
RE:
Plat of ______________________________________________________
Subdividers
__________________________________________________
Gentlemen:
PRELIMINARY
OPINION
I
hereby certify that I have examined the
above-described plat including the signatories
thereon and an abstract of title consisting
of entries____________ through ___________
inclusive, last certified by (Abstract Co.)
to the hour of 8:00 a.m. on ___________.
From such examination I conclude that good
record title in fee simple absolute is in
the SubdividersÆ so as to vest in
the public those right-of-way rights and
easement rights as in the plat, subject
to the following:
1.
2.
3.
which
shall be cured prior to the recording of
the plat. I further agree to furnish the
Final Title Opinion following the recording
of the plat as required by the Subdivision
Controls Ordinance of Otter Tail County,
Minnesota.
Sincerely,
APPENDIX
II
FINAL
TITLE OPINION
Otter
Tail County Board of Commissioners
Otter
Tail County Courthouse
Fergus
Falls, MN 56537
RE:
Plat of __________________________________________
Subdividers
______________________________________
Gentlemen:
FINAL
OPINION
I
hereby certify that I have examined all
records relating to the above described
plat in the Office of the County Recorder
from the date of the abstract of title to
__________________ , the date the plat was
recorded. From such examination I conclude:
1.
That all defects cited in the Preliminary
Opinion have been cured.
2.
That as of the date of recording, good record
title in fee simple absolute was in the
Subdividers; and
3.
That the public is vested with those right-of-way
rights and easement rights as in the plat
indicated.
Sincerely,
APPENDIX
III
MINIMUM
ROAD STANDARDS
1.
The following width and grade standards
of road design shall be observed by the
subdivider:
| |
|
Minimum
Right-of-Way Width |
Maximum
Grade |
| Highways
and Arterial Roads/Collector Roads
|
| (secondary) |
80
Feet |
6% |
| (primary)
|
100
Feet |
6% |
| Local
Roads
|
| (tertiary) |
66
Feet |
8% |
| Alleys |
33
Feet |
8% |
2.
All roads dedicated for public use or for
the use of lot owners on a plat presented
for the approval shall have a permanent
minimum width of 66 feet right-of-way (during
the road construction period the right-of-way
width may exceed 66 feet to provide for
the appropriate backslope). Dead end roads
require a cul-de-sac which has a minimum
120 foot diameter.
3.
All dedicated roadways have a roadbed of
not less than 24 feet in width when a permanent
gravel surface is anticipated and not less
than 32 feet when a bituminous surface is
anticipated. All cul-de-sacs, regardless
of surface type, shall have a minimum traveled
surface diameter of 100 feet.
4.
When necessary for drainage, ditches along
the roadbed shall not be less than 2 feet
deep.
5.
Graveling is required. Minimum gravel thickness
shall be 3 inches compacted or 4 inches
loose.
6.
Call Land & Resource Management Office,
(218) 998-8095 when road is ready for
inspection.
