Ch10.§9-3 · City of Nowthen public records

### A. GENERAL REQUIREMENTS 1\. Criteria. A subdivision resulting in the creation of not more than one additional lot, tract or parcel shall be considered a minor subdivision, shall be permitted in the Rural Residential Agriculture Zoning district and may be exempt from platting provided that the following conditions are met: A. The subdivision shall be in compliance with the Comprehensive Plan and the purpose and intent of this Chapter. B. The minor subdivision shall not cause any structure or any parcel to be made non-conforming or to be in violation of the Zoning Ordinance or any other provisions of the City ordinances.   C. The lot division shall result in not more than one additional lot which is at least 5 acres that meets the minimum dimensional requirements in the RRA zoning district. D. The minor subdivision shall comply with all requirements of this subdivision ordinance including wetland delineation but excluding the preparation of a wetland function and value assessment and the establishment of wetland buffers. All parcels resulting from the minor subdivision shall have frontage and access on an existing public improved street. When right-of-way is required by the Town or County, the applicant shall plat, deed, or provide easements for such right-of-way. A development agreement or some other form of agreement as determined by the City Attorney shall be executed by the property owner prior to the recording of the minor subdivision to ensure compliance with any conditions of approval, if necessary. E. The resulting parcels shall generally conform with the shape, character, and area of existing or anticipated land subdivisions in the surrounding areas. F. Any such lot division shall not require any public improvements. G. Any such subdivision shall not result in legal descriptions that are unduly complex. H. The applicant shall comply with the park dedication regulations, as required for a plat. I. Prior to issuance of building permits, property irons shall be installed pursuant to Minnesota Statutes. K. The applicant warranties that he or she is the fee owner of the property subject to the application and has obtained all necessary consent from all other owners and interested parties. L. The City Planner shall require the subdivision to be processed as a plat if the criteria of this subsection are not met. M. A parcel that has been divided by metes and bounds may not be re- divided within a twelve (12) month period or a second time by the same owner. 2\. Easement and right-of-way dedication. Prior to certification by the City of the approval of the minor subdivision, the applicant shall supply the   deed(s), in recordable form, granting to the City the lot line easements required or other recordable road or drainage and utility easements found necessary and required by the City. The applicant shall record these documents with the County Recorder or the Registrar of Titles, provide proof of the same to the City and pay all associated costs. 3\. Filing. A minor subdivision application shall be filed with the City on an official application form. The application shall be accompanied by the fee as set forth in the City's fee ordinance. The application shall also be accompanied by detailed written and graphic materials that describes the minor subdivision. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this Section. 4\. Staff Analysis. Upon receiving a complete application, as determined by staff review, the City Planner shall refer copies of the minor subdivision to the City staff and other applicable public agencies as needed in order to receive written comments. The City Planner shall instruct the appropriate staff person to 1) coordinate an analysis of the application, 2) prepare technical reports and coordinate preparation of the Development Agreement, and 3) assist in preparing a recommendation to the Town Board. 5\. City Review. The City Planner shall either approve, defer or deny the application based on a review and analysis of the City ordinances. If dedication of right-of-way on existing streets is required, the minor subdivision shall be reviewed and acted on by the City Council. If an easement vacation is required, the minor subdivision shall be reviewed and acted on by the City Council at the same meeting that the easement vacation is considered. 6\. Recording of Minor subdivision. If the minor subdivision is approved and signed by the City officials, the applicant shall record the minor subdivision with the County Recorder or the Registrar of Titles within six months of the date of approval ,and pay all associated costs. No changes, erasures, modifications or revisions shall be made in any lot line adjustment after approval has been given by the City Planner or the City Council. 7\. Expiration of Minor Subdivision Approval. Unless the City Council specifically approves a different time period, the approval of a minor subdivision shall expire six months from the date it was approved, unless before expiration of the six-month period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why a minor subdivision has not been filed, 2) what, if any, good faith efforts have been made to complete the   process, and 3) the anticipated completion date. The City Planner may approve one such extension for a term not to exceed six additional months. ### B. APPLICATION REQUIREMENTS The materials, information and drawings required for submission of a minor subdivision are listed in this section. In order for the application to be deemed complete, it shall include or have attached thereto all materials, information, and drawings listed in this section and on the City checklist. Where possible, materials shall also be submitted digitally. 1\. Application Form. The applicant shall submit an official application form, as provided by the Town, including the following information: A. Location, address (if assigned), legal description and Anoka County property identification number (P.I.N.) of all parcels included within the proposed subdivision. B. Name, address, telephone number and signature of the applicant and all persons currently having an ownership interest in the parcels comprising the proposed subdivision. C. Written description of request. Such description may be provided on a separate sheet of paper that is attached to the application form. 2\. Other Written Materials. The application form shall be accompanied by, or address, the following written materials: A. Completed application form and any necessary consent by interested parties signed by all owners in fee title, all lienholders, and all parties of interest in the property to be subdivided. B. Certificate of Survey, prepared by a licensed professional, containing information as listed on the checklist provided by the City. C. Proof of ownership by either a copy of a deed, abstract of title or attorney's opinion. The Town reserves the right to require additional ownership information or verification. If requested, such additional information shall be provided by the applicant, at the applicant's expense.   D. Property descriptions, existing and proposed. E. Drainage and utility easement exhibits, with legal descriptions for all wetland and floodplain areas and adjacent lot lines. 3\. Fees and Escrow. The fees and escrow shall accompany the application form as set forth in the Nowthen fee ordinance.

Ch.10 § 9-3

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