01-17-2006 Planning Commission Packet

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�r�� SUBDIVISION R�GULATIONS §82-15 tract for deed, purchase agreement, registered Sec. 82-14. Civil enforcement. land survey or easement shall not be pernutted except after full compliance with this chapter. (a) Any subdivider or subdivider's agent who conveys a lot or parcel in violation of this chapter (d) Notwithstanding any language to the con- shall forfeit and pay to the city a penalty of not trary,a subdivider may execute a purchase agree- less than $100.00 for each lot or parcel so con- ment which provides for the sale of a proposed lot veyed. or parcel,which lot or parcel will not legally exist until after full conzpliance with this chapter, as (b) Appropriate actions and proceedings may long as the purchase agreeinent provides that if be taken by law or in equity to prevent any the city does not approve the subdivision, all violation of this chapter to prevent unlawful con- ea�•nest money paid sliall be refunded to the struction,to recover damages,including attorney's purchaser and includes all disclosures required fees,to restrain,correct or abate a violation, or to by state statutes. prevent illegal occupancy of a building, structure or premises, and these remedies shall be in addi- (e) Any person who sells or transfers a lot in tion to the penalties desci-ibe above and provided violation of this chapter shall be guilty of a in state statutes. misdemeanor. (Code 1984, § 11.02(11)(C)) �.�� ,W�� (fl No building permit or certificate of occu- pancy shall be issued for any parcel or lot of land Sec. 82-15. Classifications. which was created by subdivision and not in conformity with the provisions of this chapter, For purposes of this chapter subdivisions are and no egcavation of land or construction of any classified as follows. public or private improvements shall take place or be commenced except in conformity with this (a) Class I subdiuisio�z. A class I subd.ivision chapter. shall be exempt from platting by the city and shall be permitted subdivision by metes and bounds (g) No subdivision shall be entitled to be re- description described by a registered land sur- corded in the county recorder's office or have any veyor if it meets one or more of the following validity until the subdivision has been prepared, criteria: approved and acknowledged 'ui the manner pre- scribed by this chapter. The o�ce of the county (1) The subdivision results in no more than recorder shall not file or accept for filing any two buildable lots where each resulting subdivision of land unless it is accompanied by a lot meets or exceeds five acres (217,800 certified copy of the resolution of the city approv- , square feet) of land, and each lot has at uig the subdivision. least 300 feet of frontage on a public roadway which has been accepted and (h) Every person who violates any provision of opened by the city or on a private roadway this chapter when he perforins an act thereby open to travel or vehicular use pursuant prohibited or declared unlawful, or fails to act to an easement between persons or be- when such failure is thereby prohibited or de- � tween persons and the city, and where no clared unlawful, and upon conviction thereof, flexible zoning aPplication or extension of shall be punished as for a misdemeanor except as �'� municipal utilities is involved; otherwise stated in specific provisions this chap- � ter. � (2) The subdivision is a division of propei-ty (Code 1984,§§11.02(4)(B}—(4)(D),(11)(B),(11xI)(1), � previously combined for t�purposes; or 11.99) State law references—Authority to require platting, � 3) The subdivision consists only of the cre- Minn. Stat. §462.358, subd. 3a;restrictions on conveyances, � ation or alteration of a public or private Mimi.Stat. §462.358,subd.4b. " 4�� easement for any purpose. . '"w'...n..�rnero�oYesrrm��x:vt�ar�s�aes�;,,y;��•:� cDS2:13