This chapter shall be known as the "Subdivision
Ordinance of the City of Breckenridge" and will be referred to herein
as "this chapter."
In order to safeguard the best interests of
the City of Breckenridge and to assist the subdivider in harmonizing
his or her interests with those of the City at large and minimize
flood damage, the following chapter is adopted so that the adherence
to same will bring results beneficial to both parties. It is the purpose
of this chapter to make certain regulations and requirements for the
platting of land within the City of Breckenridge and within an area
extending two miles beyond the City limits, except as such an area
may extend into North Dakota, pursuant to the authority contained
in Minnesota Statutes, which regulations the City Council deems necessary
for the health, safety and general welfare of this community.
This chapter is enacted pursuant to authority
granted by the State of Minnesota and, in particular, M.S. § 462.358
and amendments thereto.
[Amended 2-7-2000 by Ord. No. 440]
Before any plat may be recorded or be of any validity, it shall be referred to the City Planning Commission and approved by the City Council of Breckenridge as having fulfilled the requirements of this chapter and Chapter 190, Zoning.
No plat of any subdivision shall be entitled
to be recorded in the Wilkin County Recorder's office or have any
validity until the plat thereof has been prepared, approved and acknowledge
in the manner prescribed by this chapter.
No building permits shall be considered for
issuance by the City of Breckenridge 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 chapter, plus those
development regulations of Wilkin County within the two-mile extra-territorial
jurisdiction, have been fully complied with.
[Amended 5-7-2018 by Ord.
No. 499]
In the case of a request to divide a lot which is a part of a recorded plan 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 or any structure to be in violation of this chapter or Chapter 190, Zoning, the City Administrator or his/her designee shall bring the request to the attention of the Planning Commission and City Council, whereupon, the said request shall be reviewed and the City Council, following receipt of recommendation from the Planning Commission, may exempt the subdivider from complying with any procedural requirements of this chapter that are deemed inappropriate by the City Council.
Whenever there is a difference between minimum
standards or dimensions specified herein and those contained in other
official regulations, resolutions or ordinances of the City, the most
restrictive standards shall apply.
For the purpose of this chapter, words used
in the present tense shall include the future; words in the singular
shall include the plural, and the plural the singular; words in the
masculine gender shall also include the feminine and neutral, and
the word "shall" shall be mandatory and not discretionary.
For the purpose of this chapter, certain words
and terms are hereby defined as follows:
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is on a street.
The owner of land proposed to be subdivided or his or her
designated representative.
An area of land within a subdivision that is entirely bounded
by streets, or by streets and the entire boundary or boundaries of
the subdivision, or a combination of the above with a river or lake.
The portion of the street right-of-way between the curbline
and the property line.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind, and
includes any structure.
The City of Breckenridge.
The governing body of the City of Breckenridge.
The group of maps, charts and texts that make up the comprehensive
long-range plan of the City.
The specifications applicable to landowners or subdividers
for the preparation of sketch plans and plats, both preliminary and
final, indicating among other things the optimum, minimum or maximum
dimensions of such items as rights-of-way, blocks, easements and lots.
Those goals determined from time to time in plan or policy
form as part of the City's comprehensive planning program that indicates
how the City wishes to develop itself in line with orderly and logical
growth.
A grant by a property owner of less than the fee interest
in a portion of his or her property for the use by another for the
purpose of constructing and maintaining drives and utilities, including
but not limited to wetlands, ponding areas, sanitary sewers, water
mains, electric lines, telephone lines, storm sewer or storm drainage
ways and gaslines.
A drawing or map of a subdivision, meeting all of the requirements
of the City and of Minnesota Statutes, Chapter 505, as amended.
A septic tank, seepage tile sewage disposal system or any
other approved sewage treatment device.
Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of the current Breckenridge zoning regulations, having not less than the minimum area required by Chapter 190, Zoning, for a building site in the district in which such lot is situated and having its principal frontage on a street.
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135º.
Any building, structure, place, work of art or other object
or improvement of the land on which they are situated constituting
a physical betterment of real property, or any part of such betterment.
Certain lot improvements shall be properly bonded as provided in these
regulations.
A lot remnant or parcel of land left over after platting,
which is intended as open space or other use, for which no development
is intended and for which no building permit shall be issued.
Includes the plural as well as the singular, and where appropriate
shall include a natural person, partnership, firm association, public
or quasi-public corporation, private corporation, or a combination
of them, having a legal or equitable interest in real property.
Public land and open spaces in the City of Breckenridge dedicated
or reserved for recreation purposes.
On the street center line, means the distance vertically
from the horizontal in feet and tenths of a foot for each 100 feet
of horizontal distance.
A public right-of-way or private easement across a block
or within a block to provide access for pedestrians and which may
be used for the installation of utility lines.
The Planning Commission of the City of Breckenridge, as established by Chapter 29, Planning Commission.
A tentative drawing or map of a proposed subdivision meeting
the requirements herein enumerated.
Restrictions contained in plats, deeds or other documents
on file in the Wilkin County Recorder's office which deal with the
manner in which land may be used.
Any drainage ditch, roadway, parkway, sidewalk, pedestrianway,
tree, lawn, off-street parking area, lot improvement or other facility
for which the City may ultimately assume the responsibility for maintenance
and operation, or which may affect an improvement for which local
government responsibility is established.
The distance between a building and the property line nearest
thereto.
A preliminary site plan prepared for administrative review,
suggesting land use, property configurations and proposed improvements.
A public right-of-way affording primary access by pedestrian
or vehicles or both to abutting properties, whether designated as
a street, highway, thoroughfare, parkway, road, avenue or boulevard.
Those streets which carry traffic from local streets to the
major system of arterials and highways. Collector streets primarily
provide principal access to residential neighborhoods, including,
to a lesser degree, direct land access.
A local street with only one outlet and having an appropriate
terminal for the safe and convenient reversal of traffic movement.
Those streets which are used primarily for access to abutting
properties and for local traffic movement.
Those local streets which are parallel and adjacent to thoroughfares
and highways and which provide access to abutting properties and protection
from through traffic.
Those streets carrying larger volumes of traffic and serving
as links between various subareas of the community. Thoroughfares
or arterial streets are intended to provide for collection and distribution
of traffic between highways and collector streets; hence, regulation
of direct access to property is critical.
The shortest distance between lines of lots delineating the
street right-of-way.
Any individual, firm, association, syndicate, copartners,
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 this chapter.
The division of land resulting in a parcel or parcels of
land less than five acres in area or less than 300 feet in width,
for the purpose of transfer of ownership or building development or,
if a new street is involved, any division of land. The term includes
resubdivision and, when appropriate to the context, shall relate to
the process of subdividing or to the land subdivided.
