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ORD 97-03OPTION 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 97-3 INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON RESIDENTIAL SUBDIVISIONS WITHIN THE CITY OF OTSEGO. Section 1. Purpose. This interim ordinance is hereby established for the following reasons: A. To halt present residential subdivision and subdivision applications within the City of Otsego. B. To enable the City to conclude ongoing studies regarding the provision of sewer and water services and completion of revisions to the City Comprehensive Plan which have already been initiated. C. In order to protect the Planning process, and insure proper land use controls. D. To protect the City's ability to financially undertake a sewer treatment plant if approved. E. To protect the environment, and to provide for a safer water supply. F. To protect the health, safety, and welfare of the citizens of Otsego Section 2. Authority and Purpose. The City Council is empowered by Minn. Stat. 462.355, Subd. 4 to pass an interim ordinance, applicable to all or a part of its jurisdiction , for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. Section 3. Temporary Prohibition. For one year after the effective date of this ordinance, or until such earlier time as the Otsego City Council determines by resolution that the reasons for the moratorium no longer exist, no application for any type of proposed residential subdivision shall be accepted or processed by the City. Section 4. Exceptions. Specifically exempted from this prohibition are the following: A. Applications for commercial or industrial subdivision. B. Allowable 1 per 40 land splits within agricultural areas. C. The issuance of building permits for individual residences, or accessory buildings upon lots which have been previously approved and which are in full compliance with the applicable lot requirements for a buildable lot within the zone in which they are located. D. Applications for Conditional Use Permits. E. Applications for variances. This interim ordinance shall not affect those development applications for residential subdivisions which have submitted a complete application to the City prior to the effective date of this ordinance, nor shall it affect the following proposed applications for subdivision which have already initiated discussions with the City regarding residential subdivision and which have taken substantial steps in preparation for such application, or have received related initial approvals: Lin Bar II, Heritage Plains II, Fabian and Catherine Sadowski (that land identified as the North 40 acres of PID No, 118-500-223200 which lies within the City's immediate service area), and Eugene N. and Delaine Kreuser (that 30 acre parcel of land identified as PID No. 118-500-171401). The above specifically listed subdivisions shall be excluded from the moratorium established in this ordinance only upon the condition that they submit to the City a complete application for residential subdivision on or before March 1, 1997. Section 5. Misdemeanor. Any person, persons, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Minn. Stat. 609.02, plus costs of prosecution. Section 6. Injunctive Relief. In the event of a violation of this ordinance, the City may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct, or abate such violations. Section 7. Separability. It is hereby declared that the several provisions of this ordinance are separable in accordance with the following; if any court of competent jurisdiction shall adjudge any provision of this interim ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. Section 8. Effective Date. This ordinance shall take affect from and after its passage and publication, and shall remain in effect until one year after the effective date, unless a shorter period of time is approved by proper resolution of the Otsego City Council. ADOPTED by the City Council of the City of Otsego this 27TH day of January , 1997. IN FAVOR: Mayor Larry Fournier, Vern Heidner, Suzanne Ackerman, Mark Berning and Virginia Wendel, Council Members OPPOSED: No One Posted: 2 /Boards - City Hall CITY OF OTSEGO Larry rnier, Mayor Published: February 5, 1997 - Elk River Star News