03-22-1995 Council Agenda - Laserfiche WebLink

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462358 HOUSING, REDEVELOPMENT, PLANNING, ZONING 874 location of the appropriate municipal offices and advises the grantee that municipal subdivision and zoning regulations may restrict the use or restrict or prohibit the devel- opment of the parcel, or construction on it, and that the division of taxes and the filing or recording of the conveyance may be prohibited without prior recordable certifica- tion of approval, nonapplicability, or waiver from the municipality. In any action com- menced by a buyer of such a parcel against the seller thereof, the misrepresentation of or the failure to disclose material facts in accordance with this subdivision shall be grounds for damages. If the buyer establishes a right to damages, a district court hearing the matter may in its discretion also award to the buyer an amount sufficient to pay all or any part of the costs incurred in maintaining the action, including reasonable attor- ney fees, and an amount for punitive damages not exceeding five per centum of the pur- chase price of the land. Subd. 4b. Restrictions on filing and recording conveyances. In a municipality in which subdivision regulations are in force and have been filed or recorded as provided in this section, no conveyance of land to which the regulations are applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after such regulations become effective. The foregoing provi- sion does not apply to a conveyance if the land described: (1) was a separate parcel of record April 1, 1945 or the date of adoption of subdivi- sion regulations under Laws 1945, Chapter 287, whichever is the later, or of the adop- tion of subdivision regulations pursuant to a home rule charter, or (2) was the subject of a written agreement to convey entered into prior to such time, (3) was a separate parcel of not less than 2 -1/2 acres in area and 150 feet in width on January 1, 1966, or (4) was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980, or (5) is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the divi- sion of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width, or (6) is a single parcel of residential or agricultural land of not Tess than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the divi- sion of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the platting authority may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provi- sions of this subdivision shall forfeit and pay to the municipality a penalty of not less than $100 for each lot or parcel so conveyed: A municipality may enjoin such convey- ance or may recover such penalty by a civil action in any court of competent jurisdic- tion. Subd. 5. Permits. Except as otherwise provided by this section all electric and gas distribution lines or piping, roadways, curbs, walks and other similar improvements shall be constructed only on a street, alley, or other public way or easement which is designated on an approved plat, or properly indicated on the official map of the munici- pality, or which has otherwise been approved by the governing body. When a munici- pality has adopted an official map, no permit for the erection of any building shall be issued unless the building is to be located upon a parcel of land abutting on a street or highway which has been designated upon an approved plat or on the official map or which has been otherwise approved by the governing body, and unless the buildings conform to the established building line. This limitation on issuing permits shall not 875 apply to planned ordinance. No p( parcel conveyed Subd. 6. Var ing the regulatioi the land exists, b in the regulations to direct sunlight Subd. 7. Vac owned utility ease used for sewer, d: boulevard reserve for streets, alleys of law. A boulevard for the purpose of ignated on the rec Subd. 8. Plat as a limitation on regulations to app Subd. 9. Unl may apply to par bounds descriptio . ante of building p sion regulations. Subd. 10. Lit municipality to re; rized to regulate b History: 1965 1; 1976c181s2;j 1982c415s2; 198 s 1; 1989 c 209 art 4623585 JOINT Upon request board by resolutior tory a board shall b the unincorporated shall have member emmental unit sh; appointed from the more than one cou two miles of the cor than a separate bo affected govemmen appeals and adjustr mile area. The boa 462.364 and shall h gated pursuant to se administration of la If a municipality ex rated territory Iocat: vision la, before th municipality has ex: lions. History: 1982 c Page 56