§ 13-1. Purpose and general.

(a)

Purpose. It is the purpose of this chapter to make certain regulations and requirements for the subdivision and platting of land within the city pursuant to the authority contained in Minn. Stat. 462.358, which regulations the city council deems necessary for the health, safety and general welfare of this community. It is also the purpose of this chapter to safeguard the best interests of the city and to assist the subdivider in harmonizing his interests with those of the city at large.

(b)

Scope. The provisions of this chapter relate to any division of a tract of land into two or more parcels by platting, replatting, conveyance, registered land survey, or other means.

(c)

Approvals necessary for subdivision plats. Before any plat shall be recorded or be of any validity, it shall be referred to the city planning commission and approved by the city council as having fulfilled the requirements of this chapter.

(d)

Conditions for recording. No plat of any subdivision shall be entitled to record in the Hennepin County Recorders Office or have any validity until the plat thereof has been prepared, approved, and acknowledged in the manner prescribed in this chapter.

(e)

Building permits. No building permits will be considered for issuance by the city 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 have been fully complied with.

(f)

Conflict. Whenever there is a difference between minimum standards or dimensions specified herein and those contained in other official regulations or resolutions, or provisions of the City Code, the highest standards shall apply.

(g)

Exceptions: lot consolidation, minor subdivision.

(1)

Exception, procedural requirements: the following land divisions are exempted from the other procedural requirements of this chapter, unless the land abuts any existing or proposed trunk highway, county road or highway, in which case all other procedural requirements of this chapter must be followed.

a.

Land divisions which are part of a recorded plat, if the division is to permit the adding of a parcel of land to an abutting lot or the combination of recorded platted lots to form no more than two lots. Newly created lots shall conform to the design and performance standards of the New Hope Subdivision and Zoning Code.

b.

Simple division of a single lot which is part of a recorded plat to create no more than two lots provided the newly created property line will not cause the remaining portion of the lot or any structure thereon to be in violation with the New Hope Zoning and Subdivision Code. To qualify, the parcel of land shall not have been part of a minor subdivision within the last five years.

c.

Requests to divide a base lot of a two-family dwelling or a quadraminium which is part of a recorded plat if the division will permit individual private ownership of a single dwelling unit within such a structure, provided the newly created property lines will not cause any of the unit lots or structure to be in violation of the New Hope Zoning and Subdivision Code.

(2)

Information requirements. The following information shall be submitted along with the application for lot consolidation or minor subdivision.

a.

Survey certificate. Certificate of survey prepared by a registered land surveyor which includes:

1.

Original and proposed lot boundaries.

2.

Location of existing structures on the site.

3.

Original and proposed legal description.

b.

Property description and submission information. The date and supportive information detailing the proposed subdivision shall be the same as required for a major subdivision as described in section 13-4 of this Code. Exception, as stipulated in writing, may be granted by the city manager. The city manager may require additional information deemed necessary in the review of the proposed subdivision.

c.

Design standards. The subdivision shall conform to all the design standards as specified in section 13-5 of this Code. Any proposed deviation from said standards shall require the processing of a variance request.

(3)

Application, processing and recording.

a.

Application. Upon receipt of a subdivision application, required information and fees, the city manager or his designated representative, shall have ten business days to decide if the application is exempt pursuant to the exemptions of subsections 13-1(g)(1)a through c of this Code.

b.

Processing. If the requested land division is in full conformance with the performance standards of the New Hope Zoning and Subdivision Code the City Manager shall approve the subdivision.

c.

Recording. The applicant shall be notified of the lot consolidation or minor subdivision approval in writing. Said document of approval shall be submitted with the certificate of survey to the Hennepin County Recorder.

(Code 072684; Ord. No. 89-17; Ord. No. 2001-03)