AMENDMENT TO THE SHERBURNE COUNTY

 SUBDIVISION & ZONING ORDINANCE NO 003

ORD NO 252      

The Sherburne County Board of Commissioners adopted ORD NO 252 by amending the Sherburne County Subdivision and Zoning Ordinance as it relates to clarification of the Subdivision Ordinance by ensuring consistent processes and language, inclusion of best practices, policy, updating definitions and sketch plan review, clarifying submittal requirements, establishing findings for approval of plats and removing redundancy.  Additionally, amendments to the Sherburne County Subdivision and Zoning Ordinance to establish a definition of Buildable Lot Area, including amendments to:

Subdivision Ordinance:

Sections 1-4:   No Change

Section 5:        Definitions and Rule of Language Construction:  

1. Deleted terms no longer in use in this ordinance
2. Relocated definitions from Section 10.1 (Residential Planned Unit Development).

• Establish a definition of a Buildable Lot Area.

Section 6:        No Change  

Section 7:        Administrative Subdivisions: 

1. Added restrictions for Torrens properties.
2. Removed the restriction prohibiting administrated lot from being subdivide in past two years.

Section 8:        Simple Plat:  

2. 2. and 3. (Purpose and Restrictions) clarify language and established minimum right of way on County Roads to 50 ft.
3. 3. (Pre-Application Meeting) established a pre-application meeting for all proposed Simple Plats.

• Subd 4. (Simple Plat Submission Information) establish new submittal requirements including: title commitment or opinion for all platted property septic compliance inspection for any septics on the property. Rewrote the Survey drawing requirements.   

5. Subd 5. (Preliminary and Final Plat Procedure) Rewrote and clarified procedures for preliminary and final platting.
6. Subd 5 B. Established standards and criteria for plat review.
7. Subd 5(B)(5); buildable lot area

Section 9:        Registered Land Surveys:  

2. Subd 2.A replace lots with parcels or tracts
3. Subd 3. (Submission Information) required location of well and septic. Section 10 Standard Plats: i. Subd. 1. and 2. (Purpose and Restrictions) clarify language.

• 3. (Pre-Application Meeting) established a pre-application meeting for all proposed Standard Plats.

4. 4. establish new submittal requirements including: title commitment or opinion for all platted property septic compliance inspection for any septics on the property. Rewrote the Survey drawing requirements.
5. Subd 5. (Preliminary Plat Procedure) Rewrote and clarified procedures for preliminary and final platting. Subd 5 C. Established standards and criteria for plat review.
6. 6. (Final Plat Process) clarified submittal and approval process.

Section 10:      Standard Plats

1. 5(C)(5) buildable lot area

Section 10.1:   Residential Planned Unit Development (R-PUD):

2. 2. (Definitions) relocated definition to Section 5.
3. 14 (Platting Procedure) establish new submittal requirements including: title commitment or opinion for all platted property septic compliance inspection for any septics on the property. Rewrote the Survey drawing requirements.

• Subd 15. (Preliminary Plat Procedure) Rewrote and clarified procedures for preliminary and final platting.

1. Subd 15 C. Established standards and criteria for plat review.
2. 15(C)(5) buildable lot area
3. 16. (Final Plat Approval Process) clarified submittal and approval process.

Section 11:      General Regulations:

1. 1. (Lot and Block Standards) clarified language making it consistent with other section of the ordinance.
2. 2. (Road Design Standard) clarified language and directed developers to work with road authorities on design.

• 3. (Utility Easements) clarified requirement to show existing easements.

4. 4. (Buildable Lot Standards) removed redundant requirements.
5. Subd (A) buildable lot area
6. Subd (Outlots) deleted the ability to create an outlot over a disputed boundary line.  

• 7. (Controls During Construction) Clarify language and established requirements for any R-PUD. Rewrote the financial security requirements.    
• 10. (Environmental Assessment Worksheet) and 11. (Conditional and Interim Use Permits). Established past practices into the ordinance. 

Section 12:      Administration and Enforcement:

1. 1. (Zoning Administrator) Established powers and authority of the Zoning Administrator.
2. 2. (Planning Advisory Commission) Clarify and establish duties of Planning Advisory Commission.

• 3. (Board of Adjustment) Delete outdated procedures and adopt standards established in the County’s Zoning Ordinance.

4. 4. (Amendments) Clarify the procedures to make amendments to the Subdivision Ordinance.
5. Subd 5. (Violation and Penalties and Enforcement) establish standard that requires compliance with County Ordinance to approve the subdivision of land.

Zoning Ordinance:

Section 5:        Definitions and Rules of Language Construction

2. Subd 2. Definitions, establish a definition of a Buildable Lot Area.

Section 7:        Agricultural District

6. Subd 6.2. establish Buildable Lot Area.

This provision was passed by the Sherburne County Board of Commissioners on the 16th day of March, 2021.   A complete copy of this Subdivision and Zoning Ordinance Amendment is available for viewing at the Sherburne County Planning and Zoning Office, 13880 Business Center Drive, Elk River, Mn, and is duly filed with the Sherburne County Auditor upon the publication of its enactment.

/s/ Barbara Burandt

Attested by:       

/s/ Bruce Messelt

(Published in the Patriot: 04/10/21)