HomeMy WebLinkAboutresolution 01-65 exec summary Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Scoff )
Stan Rolfsmd, being duly swom, on oath says that he is the publisher or the authorized agent of
the publisher of the newspapers kr~wn as the Shakopee Valley News, Jordan Independent, Prior
Lake American and Savage Pacer, and has full knowledge oftbe facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
amended.
(B) The print~ul public notice that is attached to this Affidavit and identified as No. ~'5~
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abed~fghijkiamopqrstu
By:
er
or his designated agent
Subscribed and sworn before me on
RATE INFORMATION
Lowest classified ram paid by commercial users for comparable space.... $15.00 per column inch
Maximum rate allowed by law for the above matter ................................. $15.00 per column inch
Rate actually charged for the above matter ............................................... $9.75 per column inch
PART 11
SUBDIVISION REGULATIONS
Section Title
1001
1002
1003
1004
1005
1006
General Subdivision Provisions
Procedures For Filing And Review
Plat And Data Requirements
Design Standards
Required Basic Improvements
Administration And Enforcement
City of Prior Lake
Subdivision Ordinance
SECTION 1001
GENERAL SUBDIVISION PROVISIONS
1001.100
1001.200
1001.300
1001.400
1001.500
1001.600
1001.700
SHORT TITLE
PURPOSE
APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS
CONDITIONS FOR RECORDING
BUILDING PERMITS
EXCEPTIONS
DEFINITIONS
1001.100
SHORT TITLE. This chapter and the regulations set forth herein shall be
known as the SUBDIVISION ORDINANCE OF.THE CITY OF PRIOR
LAKE and will be referred to herein as the "Subdivision Ordinance".
1001.200
PURPOSE. In order to safeguard the best interests of the City and to
assist in balancing and harmonizing the interests of the subdivder with
those of the City at large, the following regulations are adopted so that
the adherence to same will bring results beneficial to both parties. It is the
purpose of the Subdivision Ordinance to make certain regulations and
requirements for the platting of land within the City, pursuant to the
authority contained in Minnesota Statutes, which regulations the City
Council deems necessary to promote and protect the health, safety and
general welfare of this community.
1001.300
APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS. Before
any plat shall be recorded or be of any validity, it shall be referred to the
City Planning Commission and be approved by the City Council as having
fulfilled the requirements of the Subdivision Ordinance.
1001.400
CONDITIONS FOR RECORDING. No plat of any subdivision shall be entitled
to record in the County Recorder's office or have any validity until the plat
thereof has been prepared, approved and acknowledged in the manner
prescribed by the Subdivision Ordinance.
1001.500
BUILDING PERMITS. No building permits shall 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 the Subdivision Ordinance have been fully complied with.
City of Prior Lake
July 1, 2001 I O01/pl
Subdivision Ordinance
Block Front. The distance between intersections along one side of a
street.
Boulevard. The portion of the street right of way between the curb line
and the property line.
Buffer Strip. An area of natural, unmaintained, vegetated ground cover
abutting or surrounding a wetland.
Bufferyard. An area of land established to protect and screen one type
of land use from another land use that is incompatible, pursuant to the
requirements of Section 1107.2000 of the Zoning Ordinance. Normally,
the area is landscaped and kept in open space use. Screening
techniques include the addition of vertical elements such as fences,
walls, hedges, trees, berms or other features to mitigate the effects of
incompatible land uses.
Building. Any structure having a use, which may provide shelter or
enclosure of persons, animals, or chattel.
ClC Plat. A common interest community plat as described in Minnesota
Statutes 515B.2-110, as may be amended from time to time.
Comprehensive Plan. The group of maps, charts and texts that make
up the comprehensive long-range plan of the city, including, but not
limited to the text of the Comprehensive Plan, the Land Use Plan Map,
Transportation Plan and the Capital Improvements Program.
Design Standards. The specifications for the preparation of 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. -
Easement. A grant by a property owner for the use of land for the
purpose of constructing and maintaining drives and utilities, including, but
not limited to, wetlands, ponding areas, sanitary sewers, water mains,
gas lines, electric lines, cable lines, telephone lines, storm sewer or
drainageways.
Final Plat. A drawing or map of a subdivision, meeting all of the
requirements of the City and in such form as required by Minnesota
Statutes and by Scott County for the purpose of recording.
Individual Sewage Treatment System. A septic tank, seepage tile
sewage disposal system, or any other approved sewage treatment
device.
City of Prior Lala~
July ], 2001 I O01/p3
Subdivision Ordinance
Lot Line, Front. That boundary of a lot which abuts a street. In the case
of a corner lot, the front lot line shall be the shortest frontage on a public
street. If the dimensions of a corner lot are equal, the front lot line shall
be designated by the owner and filed in the office of the Zoning
Administrator. If a parcel has multiple sides on more than two street
frontages, the front lot line shall be determined by the Zoning
Administrator.
Lot Line, Rear. A lot line not intersecting a front lot line that is most
distant from and most closely parallel to the front lot line. For a lot
bounded by only three lot lines, the rear lot line shall be a line 10 feet in
length within the lot, parallel to and at the maximum distance from, the
front lot line.
Lot Line, Side. A lot line which intersects with a front lot line.
Lot, Through. A lot which has a pair of opposite lot lines abutting 2
substantially parallel streets, and which is not a corner lot.
Lot Width. The horizontal distance between the side lot lines measured
at the required front yard setback line.
Lot of Record. Any lot which is one parcel .of a plat heretofore or
hereafter duly approved and filed, or I unit of an Auditor's Subdivision or
a Registered Land Survey or a parcel of land not so platted, subdivided
or registered, for which a Deed, Auditor's Subdivision or Registered Land
Survey has been recorded in the office of the Register of Deeds or
Registrar of Titles for Scott County, Minnesota, prior to the effective date
of this Ordinance.
Metes and Bounds. A method of describing the boundaries of land by
direction (bounds) and distances (metes) from a known point of
reference. Lots described by this method are generally unplatted parcels.
Outlot. 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. Outlots may
also be platted for parcels intended as private streets and platted or
reserved for future phases of a development.
Parks and Playgrounds. Public land and open spaces in the City
dedicated or reserved for recreation purposes.
Pedestrian Way (Walkway). A public right-of,way across a block or
within a block to provide access for pedestrians and which may be used
for the installation of utility lines.
City of Prior Lake
July ], ~oo] l O01/p5
Subdivision Ordinance
Right-of-Way. An area or strip of land, either public or pdvate, acquired
by dedication, reservation, prescription or condemnation, occupied or
intended to be occupied by a road, crosswalk, utility line, railroad, electric
transmission line or other similar use and on which a right-of-passage has
been recorded for the use of pedestrians and vehicles, including trains, or
pedestrians or both.
Setback. See Yard
Sidewalk/Trail. A pa~ed path provided for pedestrian or bicycle use and
usually located at the side of a road within a right-of-way.
Concept Plan. A concept plan or informal map of a proposed
subdivision of sufficient accuracy to be used for the purpose of discussion
and classification of City ordinances with the City staff.
Street. A public or pdvate thoroughfare that is used, or intended to be
used, for passage or travel by pedestrians and vehicles. Streets are
further classified in the Comprehensive Plan by the functions they
perform.
Local Street. Roadways typically having lowest traffic volumes,
containing one lane of traffic in each direction whose primary
function is to provide access to and from property, and from
neighborhoods to minor collectors.
Cul-De-Sac. A local street with only one outlet and having an
appropriate terminal for the safe and convenient reversal of traffic
movement.
Minor Collector. Roadways containing one lane of traffic in each
direction. The primary function is to provide access to and from
neighborhoods and the local street system.
Major Collector. Roadways containing one or two lanes of traffic
in each direction with controlled intersections whose function is to
City of Prior Lake
July 1, 200] l O01/p7
Subdivision Ordinance
SECTION 1002
PROCEDURES FOR FILING AND REVIEW OF SUBDIVISIONS
002.100
002.200
002.300
002.400
O02.5O0
002.600
002.700
002.800
CONCEPT PLAN
PRELIMINARY PLAT
FINAL PLAT
COMBINING PRELIMINARY AND FINAL PLATS
CIC PLAT
EFFECT OF SUBDIVISION APPROVAL
PREMATURE SUBDIVISIONS
REGIONAL SYSTEM SERVICE INADEQUACIES
1002.100
1002.101
CONCEPT PLAN. In order to inform the applicant of the procedural
requirements and minimum standards of the Subdivision Ordinance, and
the requirements or limitations imposed by other City ordinances, plans
and/or policies, pdor to the preparation of a preliminary plat, an applicant
may submit a concept plan to the Planning Department prior to filing an
application for a preliminary plat. The Planning staff, along with other
City staff, will review the concept plan and discuss any foreseeable
problems or issues with the applicant. These discussions of the concept
plan shall be advisory and not considered binding in regard to
subsequent plat review~ The Planning Department, notably in the case of
multi-phased plats, shall have the authority to refer the concept plan to
the Planning Commission and/or City Council for review and comment.
An application for review of a concept plan shall include, but not be
limited to the following:
(1)
A completed application on the form provided by the City which shall
include the name, address and telephone number of the applicant
and the fee owner of the property, the location of the property, a
description of the proposed development and a working name for the
proposed development.
(2) Six (6) copies of the concept plan at a scale not less than one inch
equals one hundred feet (1' = 100').
(3) An eleven-inch by seventeen-inch (11" x 17") reduction of each sheet
of the concept plan.
(4) The information required in Section 1003.100 of this Subdivision
Ordinance.
City of Prior Lak~
July 1, 2001 ! O02/pl
Subdivision Ordinance
(5)
State or other public entities for their review and comment, where
appropriate.
PLANNING COMMISSION ACTION. The Planning Commission shall
conduct a public headng in accordance with Section 1109.200 of the
Zoning Ordinance. The Planning Commission may continue the
public headng and shall report its findings and make a
recommendation to the City Council within 60 days of the date a
complete application was received by the City. If the Planning
Commission has not acted upon the preliminary plat within sixty (60)
days following delivery of a subdivision appliCation completed in
compliance with the Subdivision Ordinance, the Council may act on
the preliminary plat without the Planning Commission's
recommendation.
(6) CITY COUNCIL ACTION.
Pursuant to Minnesota Statutes {}15.99, the City Council shall
approve, approve with conditions, or deny the preliminary plat
within one hundred twenty (120) days following delivery of a
complete application unless the applicant has agreed, in writing,
to an extension of the statutory review period.
In considering a preliminary plat application, the City Council may
impose reasonable conditions and restrictions as part of the
preliminary plat approval that are deemed necessary and
appropriate to protect the public health, safety, general welfare
and convenience of the City.
If the preliminary plat is not approved by the City Council, the City
Council shall adopt written findings regarding the basis and
rationale for denying the application. The reasons for such action
shall be recorded in the minutes of the City Council proceedings.
If the preliminary plat is approved, such approval shall not
constitute final acceptance of the plat. Subsequent approval will
be required for the engineering proposals and other features and
requirements as specified by the Subdivision Ordinance to be
indicated on the final plat. The City Council may require such
revisions in the preliminary plat and final plat as it deems
necessary for the health, safety, general welfare and convenience
of the City.
Once a preliminary plat is approved by the City Council, the
subdivider must submit an application for a final plat within twelve
(12) months after approval of the preliminary plat. If an applicant
fails to submit an application for a final plat within the specified 12-
month period, the preliminary plat shall be considered void, unless
a request for time extension is submitted in writing and approved
City of Prior Lake
July 1, 2ool 1002/p3
Subdivision Ordinance
(6)
If the final plat and development contract are approved by the City
Council, the subdivider shall record both documents with the
County Recorder within sixty (60) days after said approval. The
subdivider shall, immediately upon recording, furnish the City with
a print and reproducible tracing of the final plat showing evidence
of the recording. The subdivider shall also furnish a copy of the
recorded final plat in an electronic format as prescribed by the
City. No building permits shall be approved for construction of
any structure on any lot in said plat until the City has received
evidence the final plat and development contract have been
recorded with the County.
The final plat shall be considered void if not recorded within the 60
days provided for herein unless a request for a time extension is
submitted in writing and approved by the City Council prior to the
expiration of the 60 day period.
RECORDING FINAL PLATS OF MULTI-PHASED PLATS. If a subdivider
plans to develop a subdivision in stages over a period of time, the City
Council must approve a staging plan for the development of the
subdivision. The staging plan must be submitted as part of the final
plat application. The approved staging plan will be incorporated into
the Development Contract. Future phases of the development must
be platted as outlots on the final plat. if a development is final platted
in stages, all stages must be final platted into lots and blocks, not
outlots, within two (2) years after the approval of the preliminary plat
unless otherwise provided in the Development Contract. Failure to
obtain final plat approval for all phases of the development within the
two (2) year period or within the timelines of the approved staging
plan shall render the remaining stages of the preliminary plat void.
1002.400
COMBINATION OF PRELIMINARY AND FINAL PLAT APPROVAL. In some
instances, due to the simplicity of the proposed subdivision, the City staff
may agree to combine the preliminary and final plat process. The
process may be combined only when a proposed subdivision meets all of
the following requirements:
(1) The resulting subdivision contains no more than 5 lots.
(2) The proposed subdivision is located in an area where streets and
utilities are in place and capable of serving the subdivision.
(3) The proposed subdivision does not require the dedication or
construction of future streets, and will not interfere with the
development of adjacent properties.
City of Prior Lake
Jury L 2oo~ 1002/p5
Subdivision Ordinance
(5)
(6)
(7)
PLANNING COMMISSION ACTION. The Planning Commission shall
conduct a public hearing in accordance with Section 1109.200 of the
Zoning Ordinance. The Planning Commission may continue the
public hearing and shall report its findings and make a
recommendation to the City Council within 60 days of the date a
complete application was received by the City. If the Planning
Commission has not acted upon the preliminary plat within sixty (60)
days following delivery of a subdivision application completed in
compliance with the Subdivision Ordinance, the City Council may act
on the preliminary plat without the Planning Commission's
recommendation.
CITY COUNCIL ACTION. The combined preliminary and final plat and a
signed Development Contract shall be submitted to the City Council
for approval. The City Council shall adopt a resolution approving the
final plat and development contract within 120 days following delivery
of a complete application unless the applicant has agreed, in writing,
to an extension of the statutory review period. The resolution shall
provide for the acceptance of all agreements for basic improvements,
public dedication, payment of fees and other requirements as
indicated by the City Council. If the City Council denies the final plat,
the City Council shall adopt a resolution with written findings
supporting the basis for the denial. The findings for any refusal to
approve a plat shall be set forth in the minutes of the City Council
proceedings and reported in writing to the person or persons applying
for such approval.
SPECIAL ASSESSMENTS. When any existing special assessments
which have been levied against the property deScribed shall be
divided and allocated to the respective lots in the proposed plat, the
City Finance Director shall distribute the remaining assessment
balance on a per equal unit basis, prepare a revised assessment roll,
filing the same with the County Auditor. If the per lot unit assessment
is less than $1,000.00, the entire assessment balance shall be paid
before the final plat is released.
(6) RECORDING FINAL PLAT AND DEVELOPMENT CONTRACT.
If the final plat and Development Contract are approved by the
City Council, the subdivider shall record both documents with the
County Recorder within sixty (60) days after said approval. The
subdivider shall, immediately upon recording, furnish the City with
a print and reproducible tracing of the final plat showing evidence
of the recording. The subdivider shall also fumish a copy of the
recorded final plat in an electronic format as prescribed by the
City. No building permits shall be approved for construction of
any structure on any lot in said plat until the City has received
evidence the plat and development contract have been recorded
with the County.
City of Prior Lake
.~uty 1. 2ool 1002/p7
Subdivision Ordinance
unreasonable depletion of existing water supplies for surrounding
areas.
(3) LACK OF ADEQUATE ROADS OR HIGHWAYS TO SERVE THE
SUBDIVISION. A proposed subdivision lacks adequate roads or
highways to serve the subdivision when any of the following
provisions exist:
a. Roads which serve the proposed subdivision are of such a width,
grade, stability, vertical and horizontal alignment, site distance
and surface condition that the increase in traffic volume generated
by the proposed subdivision would be detrimental to the City's
interest in promoting and protecting the public safety and general
welfare, or seriously aggravate an already dangerous or
hazardous condition, or when, with due .regard to the advice of
Scott County and/or the Minnesota Department of Transportation,
said roads are inadequate for the intended increased use.
b. The traffic volume generated by the proposed subdivision would
decrease the level of service on highways existing at the time of
the application or proposed for completion within the next two (2)
years.
(4) LACK OF ADEQUATE WASTE DISPOSAL SYSTEMS. A proposed
subdivision lacks adequate waste disposal systems if, in subdivisions
for which sewer lines are proposed, there is inadequate sewer
capacity in the existing system to support the subdivision if developed
to its maximum permissible density after reasonable sewer capacity is
reserved for schools, planned public facilities, and commercial and
industrial development projected for the next five (5) years.
(5) INCONSISTENCY WITH COMPREHENSIVE PLAN. A proposed subdivision
is inconsistent with the City's Comprehensive Plan when the
subdivision is inconsistent with the purposes, objectives and
recommendations of the adopted Comprehensive Plan of Prior Lake,
as may be amended. Subdivisions that are net proposed in areas
consistent with the criteria for allocation of MUSA reserve shall be
deemed inconsistent.
(6) PUBLIC SERVICE CAPACITY. A proposed subdivision lacks necessary
public service capacity when services such as recreational facilities,
schools, police and fire protection and other public facilities, which
must be provided at public expense, cannot reasonably be provided
for within the next two (2) years.
(7) INCONSISTENCY WITH CAPITAL IMPROVEMENT PLANS. A proposed
subdivision is inconsistent with capital improvement plans when
improvements and/or services necessary to accommodate the
proposed subdivision have not been programmed in the Prior Lake,
City of Prior Lake
~uly ], 2oo] 1002/p9
Subdivision Ordinance
b. Responsible metropolitan units of government prohibit the City
from issuing building permits.
Regional transportation systems are deemed as inadequate to
provide service levels within standards of recognized public
safety.
Storm drainage systems under the jurisdiction of regional
watershed districts, the Army Corps of Engineers. the Minnesota
Department of Natural Resources, or other such responsible
jurisdictions are inadequate to provide service levels within
standards of recognized public health and safety.
(2) C~TY LIABILITY EXEMPTION. All preliminary and final plat approvals and
related formal development contracts shall stipulate and shall exempt
the City from any liability associated with platting or building permit
denial based upon factors and conditions related to regional
governmental agency and unit jurisdictions and related service
inadequacies.
City of Prior Lake
July/, 2oo ~ 1002/pl 1
Subdivision Ordinance
Names and addresses of all persons having an interest in the
property, the developer, designer and surveyor together with his
registration number.
d. Graphic scale of plat, not less than one inch to one hundred feet
(1" = 100')
e. Date and north arrow.
f. Identify portions of property that are registered (Torrens).
(2) EXISTING CONDITIONS.
a. Boundary line and total acreage of proposed plat, clearly
indicated.
b. Existing Comprehensive Plan designations and zoning
classifications for land within and abutting the subdivision,
including shoreland district boundaries.
c. Location, widths and names of all existing or previously platted
streets or other public ways, showing type, width and condition of
improvements, if any, railroad and utility rights of way, parks and
other public open spaces, permanent buildings and structures,
easements and section and corporate lines within the tract and to
a distance of two hundred feet (200') beyond the tract.
d. Boundary lines of adjoining unsubdivided or subdivided land,
within two hundred feet (200'), identified by name and ownership,
including all contiguous land owned 'or controlled by the
subdivider.
e. Any other information the City finds necessary to determine the
impact the proposed subdivision will have on the health, safety
and welfare of property in the City and City residents.
(3) PROPOSED DESIGN FEATURES.
a. Layout of proposed streets showing the right-of-way widths,
center line gradients, typical street sections, and proposed names
of streets. The name of any street heretofore used in the City or
its environs shall not be used unless the proposed street is a
logical extension of an already named street, in which event the
same name shall be used.
b. Locations and widths of proposed alleys and pedestrian ways.
c. Location, dimension and purpose of all easements.
d. Layout, numbers, lot areas and preliminary dimensions of lots and
blocks.
e. Net lot area, exclusive of road right-of-way and wetland and
drainage easements.
City of Prior Lake
Jury L 2oo/ 1003/p2
Subdivision Ordinance
1003.202
PRELIMINARY GRADING PLAN. The developer shall submit a preliminary
grading, drainage and erosion control plan, prepared by a registered
professional in accordance with Minnesota State Rules, including the
following information:
(1) North arrow, scale (not less than I' = 100') and legend.
(2) Lot and block numbers, house pad location, home style and
proposed building pad elevations at garage slab and lowest floor for
each lot.
(3) Topography in two foot (2') contour intervals with existing contours
shown as dashed lines and proposed contours as solid lines. Existing
topography shall extend a minimum of two hundred feet (200')
outside of the tract to be subdivided or outside of the contributing
drainage area, whichever is greater.
(4) Location of all natural features on the property. Natural features
include, but are not limited to, the following: tree lines, wetlands,
ponds, lakes, streams, drainage channels, bluffs, steep slopes, etc.
(5) Location of all existing storm sewer facilities, including pipes,
manholes, catch basins, ponds, swales, and drainage channels
within two hundred feet (200') of the tract. Existing and proposed
pipe grades, rim and invert elevations, and normal and high water
elevations must be included.
(6) If the plat is located within or adjacent to a 100-year flood plain, flood
elevations and locations must be dearly shown on the plan.
(7) Spot elevations at drainage break points and directional arrows
indicating site, swale and lot drainage.
(8) Locations, grades, rim and invert elevations of all storm sewer
facilities, including ponds, proposed to serve the tract.
(9) Locations and elevations of all street high and Iow points.
(10)Street grades, with a maximum permissible grade of eight percent
(8%) and a minimum of one percent (1%) or as otherwise provided
by the City.
(11 ) Phasing of grading.
(12)The location of all easements and right-of-way.
(13)AII soil erosion and sediment control measures to be incorporated
during and after construction must be shown.. Locations and standard
detail plates for each measure must be included on the plan.
(14)Ail revegetation measures proposed for the property, including seed
and mulch types and application rates must be included on the plan.
(15)A Tree Preservation Plan as required by Section 1107.2100 of the
Zoning Ordinance.
City of Prior Lake
~uiy ~, 2oo~ 1003/p4
Subdivision Ordinance
including true angles and distances to such reference points or
monuments.
(4) Location of lots, streets, public highways, alleys, parks and other
features, with accurate dimensions in feet and decimals of feet, with
the length of radii and/or arcs of all curves, and with all other
information necessary to reproduce the plat on the ground shall be
shown. Dimensions shall be shown from all angle points of curve to
lot lines.
(5) Lots and outlots shall be numbered cleady. Blocks are to be
numbered, with numbers shown cleady in the center of the block.
(6) The exact locations, widths and names of all streets to be dedicated.
(7) Location and width of all easements to be dedicated.
(8) Name and address of the registered land surveyor preparing the plat.
(9) Scale of the plat shall be 100 scale with the scale shown graphically
on a bar scale along with the date and north arrow.
(10)A Statement dedicating all easements as follows: "Easements for
installation and maintenance of utilities and drainage facilities are
reserved over, under and along the strips marked drainage and utility
easements".
(11 )A Statement dedicating all streets, alleys and other public areas not
previously dedicated as follows: "Streets, alleys, and other public
areas shown on this plat and not heretofore dedicated to public use
are hereby so dedicated".
(12)The final grading, erosion control and street and utility plans must be
prepared in accordance with the current City Public Works Design
Manual and Sections 1003.202 and 1003.203.
(13)A title report prepared by a title company indicating owners and
encumbrances on the property and a statement as to which parts of
the property are registered (Torrens).
t003.400
CERTIFICATION REQUIRED.
(1) Certification by a registered surveyor in 'the form required by
Minnesota Statutes, section 505.03, as amended from time to time.
(2) Execution by all owners of any interest in the land, any holders of a
mortgage thereon, of the certificates required by Minnesota Statutes,
section 505.03, as amended, and which certificate shall include a
dedication of the utility easements and other public areas in such form
as approved by the City.
(3) Space for certificates of approval and review to be filled in by the
signatures of the Mayor and City Manager.
City of Prior Lake
July l, 2oo / 1003/p6
Subdivision Ordinance
1004.100
1004.200
1004.300
1004.400
1004.500
1004.600
1004.700
1004.800
1004.900
1004.1000
1004.1100
1004.1200
SECTION1004
DESIGN STANDARDS
PUBLIC WORKS DESIGN MANUAL
BLOCKS
LOTS
STREETS AND ALLEYS
SIDEWALKS AND MULTI-PURPOSE TRAILS
EASEMENTS
EROSION AND SEDIMENT CONTROL
STORM DRAINAGE
PROTECTED AREAS
DEDICATION REQUIREMENTS
MINIMUM DESIGN FEATURES
ZONING ORDINANCE CONSISTENCY
1004.100
PUBLIC WORKS DESIGN MANUAL. The design standards outlined in the
City Public Works Design Manual are hereby adopted and incorporated
into this Subdivision Ordinance by reference.
1004.200
1004.201
1004.202
BLOCKS.
BLOCK LENGTH. In general, intersecting streets, determining block
lengths, shall be provided at such intervals so as to serve cross-traffic
adequately and to meet existing streets. Where no existing plats control,
the blocks in residential subdivisions should not exceed one thousand
three hundred twenty five feet (1,325') nor be less than four hundred feet
(400') in length, except where topography or other conditions justify a
departure from this these dimensions. In blocks longer than eight
hundred feet (800'), the City may require pedestrian ways and/or
easements through the block near the center of the block.
BLOCK WIDTH. The width of the block shall normally be sufficient to allow
two (2) tiers of lots of appropriate depth. Blocks intended for business or
industrial use shall be of such width as to be considered most suitable for
their respective use, including adequate space for off-street parking and
deliveries.
1004.300
1004.301
1004.302
LOTS.
AREA. The minimum lot area, width and depth shall not be less than that
established by the City Zoning Ordinance in effect at the time.
CORNER LOTS. Corner lots for residential use shall exceed the minimum
width and area requirements in the Zoning Use District by twenty percent
(20%) to permit appropriate building setback from both streets as
required in the Zoning Ordinance.
City of Prior Lake
July 1, 2001 l O04/p l
Subdivision Ordinance
1004.311
1004.312
BUFFER SIDE YARDS.
(1) In the case of side yards involving single-family residential lots
abutting arterial streets, lot widths shall be increased at least ten feet
(10') above the minimum lot width for the purpose of establishing
buffers along the lot line bordering such streets.
(2) Buffering or side yards bordering major collector or arterial streets
shall comply with the requirements as established .by the Zoning
Ordinance. .
IRREGULARLY SHAPED LOTS. On single-family residential lots determined
to be irregular in shape (e.g., triangular), the developer shall demonstrate
to the City an ability to properly place principal buildings and accessory
structures upon the site that are compatible in size and character to the
surrounding area.
1004.400
1004.401
1004.402
1004.403
1004.404
1004.405
STREETS AND ALLEYS.
CONTINUOUS STREETS. Except for cul-de-sacs, streets shall connect with
streets already dedicated in adjoining or adjacent subdivisions, or provide
for future connections to adjoining unsubdivided tracts, or shall be a
reasonable projection of streets in the nearest subdivided tracts. The
arrangement of thoroughfares and collector streets shall be provided in a
manner consistent with the Comprehensive Plan. Dedicated streets shall
be constructed to the property boundary of the subdivision.
LOCAL STREETS. Local streets should be designed so as to discourage
their use by nonlocal traffic.
STREET PLANS FOR FUTURE SUBDIVISIONS. Where the plat to be
submitted includes only part of the tract owned or intended for
development by the subdivider a tentative plan of a proposed future
street system for the unsubdivided portion shall be prepared and
submitted by the subdivider.
TEMPORARY CUL-DE-SAC. In those instances where a street is
terminated pending future extension in conjunction with a future
subdivision and there is more than two hundred feet (200') between the
dead end and the nearest intersection, a temporary turn around facility
shall be provided at the closed end. This temporary cul-de-sac must be
designed as approved by the City Engineer and must be placed inside a
temporary roadway easement if located outside a street right of way.
The subdivider shall be required to provide an irrevocable letter of credit
in a form acceptable to the City Attorney for removal or restoration of the
temporary cul-de-sac as determined by the City.
PROVISIONS FOR RESUBDIVISION OF LARGE LOTS AND PARCELS. When a
tract is subdivided into larger than normal building lots or parcels, such
City of Prior Lake
July 1, 2ool 1004/p3
Subdivision Ordinance
1004.411
1004.412
1004.413
1004.414
and/or proximity to the Shoreland District. The reduction in width
shall be made at the sole discretion of the City, per Section
1004.414.
STREET SECTIONS. The street seCtion shall comply with design standards
as set forth in the Public Works Design Manual. All street designs are
subject to the review and approval of the City.
DEAD-END STREETS PROHIBITED. Dead-end streets (temporary or
permanent) without cul-de-sac tumarounds are prohibited unless
otherwise provided for in this Subdivision Ordinance.
CUL-DE-SACS.
(1) Criteria For Construction. Permanent cul-de-sacs are allowed only
where one or more of the following criteda have been met:
a. Area topography or other physical §ite conditions warrant a cul-
de-sac.
b. A through street is not physically feasible or desirable due to
environmental considerations.
(2) Requirements. Permanent cul-de-sacs shall not be longer than five
hundred feet (500') measured to the centerline of the intersection and
including a terminal turnaround which shall be provided at the closed
end, with a right-of-way radius not less than sixty feet (60'):
ENVIRONMENTALLY SENSITIVE AREA EXCEPTIONS. In areas determined by
the City to be environmentally sensitive due to topography, forestation
and/or wetlands, deviations to the design standards outlined in this
Section may be allowed, provided that such deviations are limited to the
following:
(1) The following standards are met:
a. All lots shall meet or exceed the minimum standards for the
applicable zoning district.
b. The curb cut opening on the street shall meet established
standards.
(2) Street widths may be reduced from thirty-two feet (32') to no less
than twenty-eight feet (28').
1004.415
PRIVATE STREETS. Private streets shall only be permitted in Planned Unit
Developments, which have homeowner associations approved by the City.
Pdvate streets shall be platted as outlots, and shall be designed and
constructed in the same manner as public streets; provided, the street
pavement may be contained within the outlot and the balance of the street
right-of-way may be contained within adjacent easements, provided that
the combined width of outlots and easements shall not be less than the
City of Prior Lake
July 1, 2001 1004/p5
Subdivision Ordinance
(4) Sidewalk street crossings shall be located at a 'p~)int along the road that
offers adequate sight distance as determined by the City.
(5) Barrier curbs (vertical curbs) six inches (6") high shall be provided
along collector streets or streets located in commercial or industrial
areas adjacent to sidewalks to help prevent vehicles from leaving the
roadway, control drainage, protect pavements edges and protect
sidewalks, lawns, utilities signs and street trees from encroachment by
vehicles, unless otherwise required by Federal, State or County
guidelines.
(6) Curb cuts and ramps shall be installed in accordance with the Public
Works Design Manual.
(7) When sidewalks cross streets, a treatment such as striping,
landscaping medians, colored or stamped concrete or signs to identity
the crosswalk as approved by the City, shall be installed by the
Developer:
(8) In development projects that contain hills or steep topography, the
sidewalk pattern shall conform as closely as possible to the standards
found herein and to connecting walkways.
(9) Where possible, new sidewalks shall be a logical extension of the
existing sidewalks in adjacent developments.
1004.503 GUIDEUNES FOR LOCATION, CONSTRUCTION AND MAINTENANCE OF
SlDEWALKSrFRAILS IN NEW DEVELOPMENTS.
~[~e~o~l· ~1 or2 Sides ~! 1 ~
Local X Developer Owner / City
Minor X Developer Owner / City
Collector
Major X Developer / City Owner / City
Collector / *
Minor X Developer / City Owner / City
Arterial / *
Major X Developer / City Owner / City
Arterial / *
Principal X De~,eloper / City Owner / City
Arterial /,
Other jurisdictions such as MN DOT or Scott County
City of Prior Lake
July L 2oo/ ] 004/p7
Subdivision Ordinance
1004.900
1004.901
1004.902
1004.903
PROTECTED AREAS, Where land proposed for subdivision is deemed
environmentally sensitive by the City due to the existence of features
including, but not limited to, wetlands, drainageways, watercourses,
areas subject to flooding, significant trees, steep slopes or wooded areas,
the design of said subdivision shall clearly reflect all necessary measures
of protection to ensure against adverse environmental impacts.
Based upon the necessity to control and maintain certain sensitive areas,
the City shall determine whether said protection will be accomplished
through lot enlargement and redesign or dedication to the City of those
sensitive areas in the form of outlots.
Measures intended to protect the areas designated as environmentally
sensitive shall include design solutions, which allow for construction and
grading involving a minimum of alteration to sensitive areas. Such
measures, when deemed appropriate by the City, may include, but shall
not be limited to, the following.
(1) The establishment of easements and/or outlots over wetlands,
dreinageways and watercourses.
(2) The implementation of flood control measures.
(3) The enlargement of lots or redesign of the subdivision.
(4) The utilization of appropriate erosion control measures subject to
approval by the City.
(5) Soil testing to determine the ability of the proposed subdivision to
support development.
(6) The limitation of development on slopes steeper than thirty (30)
percent.
(7) Structures that conform tO the natural limitations, presented by the
topography and soil so as to minimize to the greatest extent feasible
the potential for soil erosion.
(8) The implementation of slope stabilization measures.
(9) The establishment of a buffer zone around .wetlands as outlined in
Section 1004.903.
BUFFER STRIP REQUIREMENT. For any parcel created on or after the
effective date of this ordinance, a buffer strip shall be maintained around
the perimeter of alt wetlands. The buffer strips shall meet the following
requirements:
(1)
Buffer strips shall be a minimum of twenty (20) feet wide with an
average width of thirty (30) feet, measured from the ordinary high
water level of the wetland.
City of Prior Lake
~uly /, 2oo~ 1004/p9
Subdivision Ordinance
permit, as long as any adverse impacts of utility or drainage
systems on the function of the buffer strip have been avoided or
minimized to the extent possible; and
Construction, maintenance, repair, reconstruction or
replacement of existing and future public roads crossing the
buffer strip, as long as any adverse impacts of the road on the
function of the buffer stdp have been avoided or minimized to
the extent possible.
1004.905
ALTERNATE BUFFER STRIPS.
(1) Because of unique physical characteristics of a specific parcel,
nan-ower buffer strips may be necessary to allow a reasonable use of
the parcel. The use of alternate buffer strips will be based on an
assessment of
The size of the parcel;
b. Existing roads and utilities on the parcel;
c. The percentage of the parcel covered by wetlands;
d. The configuration of the wetlands on the parcel;
e. The quality of the affected wetlands;
f. Any undue hardship that would arise from not allowing the
alternative buffer strip.
(2) The use of alternative buffer strips will be evaluated as part of the
review of a preliminary plat.
(3) Where alternative buffer strip standards are approved, the width of
the buffer strips shall be established by the City and include a
minimum width of 10 feet. Alternative buffer strips must be in
keeping with the spirit and intent of this Rule,
1004.906
ADDITIONAL SETBACK REQUIREMENTS. In any residential zoning districts,
the subdivision grading plan shall indicate a minimum setback of thirty
feet (30') measured from the 100-year flood elevation of any wetland or
detention pond to the building pad or house location.
1004.1000 PARKLAND DEDICATION REQUIREMENTS. The owners of any land being
subdivided for residential, commercial, industrial or other uses or as a Planned Unit
Development shall dedicate a reasonable portion of the subdivided land to the public for
public use as parks, playgrounds, trails or public open space. The City has determined
the land dedication requirement to be equivalent to ten percent (10%) of the gross area of
a subdivision. The amount of credit given for land to be dedicated shall be based upon the
land characteristics and in accordance with the following schedule:
City of Prior lake
auly l, 2oo ~ 1 O04/p l 1
Subdivision Ordinance
1004.1004
1004.1005
1004.1006
1004.1007
In instances where cash is required in lieu of land, payments as required by
this Section shall be made prior to the release of the final 'plat to the
subdivider.
Unless otherwise provided by the City, all land to be dedicated for park
purposes shall be dedicated to the public and identified as "Park" on the
final plat.
Pdor to the dedication of such land for public use, the subdivider shall
deliver to the City a title opinion addressed to the City, and in a form
acceptable to the City Attorney, as to the condition of the title of such
property, or in lieu of a title opinion, a title insurance policy from a title
company acceptable to the City insuring the required public interest in the
dedication therein.
In those cases where the City has agreed to allow the conveyance of
parkland by a deed rather than dedication on the plat, the subdivider shall,
immediately upon filing of the final plat or other appropriate subdivision
documents, file for recording all easements, deeds or other conveyances of
properly required as a condition to the subdivision plat approval, and
provide evidence to the City. No building permits shall be issued to any lot
or parcel in said plat until all such documents have been executed and
filed.
1004.1100
MINIMUM DESIGN FEATURES. The design features set forth in the
Subdivision Ordinance are minimum requirements. The City may impose
additional or more stringent requirements concerning lot size, streets and
overall design as deemed appropriate considering the property being
subdivided.
1004.1200
ZONING ORDINANCE CONSISTENCY. Preliminary and final plats shall only
be approved if they are consistent with the City's Zoning Ordinance.
Preliminary plats shall not be approved prior to adoption of any pending
rezoning application, any pending rezoning initiated by the City or any
other Zoning Ordinance changes necessary for final plat approval.
City of Prior Lake
.~uO 1, 2ool 1004/p13
Subdivision Ordinance
1005.105
1005.106
1005.105
1005.107
1005.108
GRADING IMPROVEMENTS. Subdivision grading will be allowed upon the
City Council approval of the a preliminary plat. Prior to any grading, the
developer shal! obtain a grading permit from the City. The grading permit
application must be submitted along with a grading plan meeting the
requirements outlined in the Public Works Design Manual and the
requirements for grading, filling and excavation 'in Section 1101.509 of
the Zoning Ordinance.
CITY INSTALLED IMPROVEMENTS. If the City is going to install the public
improvements, the required security shall be one hundred and twenty-five
percent (125%) of the sum of the following fixed or estimated costs:
(1) Principal amount of special assessments for public improvements to
be installed.
(2) Street lights.
(3) Erosion control.
(4) Landscaping.
(5) Monumentation
WARRANTY/MAINTENANCE BOND. The City shall require the subdivider to
submit a warranty bond in the amount equal to the original cost of the
improvements. The required warranty period for materials and
workmanship for public utilities shall be two (2) years from the date of
final acceptance. The required warranty period for materials and
workmanship for streets shall be one (1) year following final acceptance
of the final bituminous wearing surface. The required warranty period for
sad, trees and landscaping is one (1) year following acceptance of the
landscaping.
REPRODUCIBLE DRAWINGS. Reproducible as-built drawings of all required
improvements shall be furnished to the City by the subdivider. Such as-
built drawings shall be certified to be true and accurate by the registered
engineer responsible for the installation of the improvements. The
subdivider shall also furnish such plans in an electronic format acceptable
to the City. The size and format for reproducible drawings shall be in
accordance with the standards in the Public Works Design Manual.
IMPROVEMENTS. All of the required public improvements to be installed
under the provisions of the Subdivision Ordinance shall be approved by
and subject to inspection by the City. All of the City's expenses incurred
in connection with the installation of the required public improvements
shall be paid either directly to the City's consultants or by reimbursement
to the City by the subdivider.
1005.200 MONUMENTS.
.,'~& L 2oo/ ] 005/p2
Subdivision Ordinance
subdivisions. The purpose of this fund is to pay for central system
improvements essential for the functional operation of the entire
municipal sewer and water system. The charge shall be based upon the
gross acreage of the subdivision less the acreage to be dedicated to the
City for ponding, parks, wetlands, and public rights-of-way. The fee shall
be set annually by the City Council and paid to the City prior to the
release of the final plat.
1005.600
STORMWATER IMPROVEMENT CHARGES. Stormwater facilities shall be
installed in accordance with the standards and specifications as required
by the City Council and subject to the approval of the City. In accordance
with the City's Assessment Policy, a charge for trunk storm water
improvements, either constructed or to be constructed for trunk facilities
serving the subject property, will be collected as part of the Development
Contract for all new subdivisions. The charge shall be based upon the
gross acreage of the subdivision less the acreage to be dedicated to the
City for ponding, parks, wetlands, and public rights-of-way. The fee shall
be set annually by the City Council and paid to the City prior to the
release of the final plat. The subdivision will be given a credit for any on-
site storm water improvement that has been oversized to serve property
outside the subdivision.
1005.700
EXCEPTIONS. Property being replatted shall be exempt from the
requirements of Sections 1005.400, 1005.500 and 1005.600 if the
charges were paid or assessed in conjunction with the initial platting of
the property.
1005.800
PUBLIC UTILITIES. All public utilities, including, but not limited to,
telephone, electric, cable and/or gas service lines shall be placed
underground in accordance with the provisions of all applicable City
ordinances.
1005.900
1005.1000
ELECTION BY CITY TO INSTALL IMPROVEMENTS. It is the subdivider's
responsibility to install all required public improvements except that the
City reserves the right to design and/or install all or any part of the public
improvements, including trunk facilities, required under the provisions of
the Subdivision Ordinance pursuant to Minnesota Statutes, Chapter 429,
as amended. If the City elects to install the improvements the City shall
require the developer to post an irrevocable letter of credit guaranteeing
payment of the assessments.
TREES REQUIRED FOR NEW SUBDIVISIONS. In new subdivisions, trees shall
be planted on each lot. Permitted tree species shall be in accordance with
Section 1107.2100 of the Zoning Ordinance. All required trees shall be
planted by the builder prior to issuance of certificate of occupancy. The
City of Prior Lalrg
duly 1, 2001 1005/p4
Subdivision Ordinance
1006.100
1006.200
1006.300
SECTION 1006
ADMINISTRATION AND ENFORCEMENT
NONPLATTED SUBDIVISIONS
VARIANCES, PLANNING COMMISSION RECOMMENDATIONS, STANDARDS
VIOLATIONS AND PENALTY
1006.100
1006.101
1006.102
NONPLATTED SUBDIVISIONS
ADMINISTRATIVE LAND SUBDIVISIONS. The City may administratively
approve a subdivision of an* existing platted parcel when it meets the
following criteria:
(1) The divisions will not result in more than three (3) parcels.
(2)
All newly created lots must meet the minimum standards of the Zoning
District in which they are located and the resulting parcels must
generally conform to the shape and area of existing or anticipated land
subdivisions in the surrounding areas.
(3) The division will not cause any structure on the land to be in violation of
the Zoning Ordinance.
(4) Any easements that may be required by the City must be granted.
ADMINISTRATIVE LAND SUBDIVISION PROCEDURE.
(1) An application for an administrative land subdivision, signed by the
applicant and the 'fee owner of the property, shall be submitted to the
Planning Department. The application shall be accompanied by the
following:
Ten (10) full scale copies and one (1) 1'1" by 17" reduction of a
certificate of survey identifying the existing and proposed lot lines,
as well as any existing structures on the lot and the setbacks from
the current and proposed lot lines.
b. The required filing fee as established by the City Council.
(2) Following receipt of a complete application, the City staff will review
the application for conformance with the provision of the Zoning
Ordinance, the Subdivision Ordinance and all other applicable City
ordinances.
(3) The City shall take action to either approve or deny an administrative
subdivision and notify the applicant in writing of this decision within
ten (10) business days of receipt of a completed appliCation.
City of Prior Lake
July ~, 2ool l O06/pl
Subdivision Ordinance
1006.202
1006.203
property values. In making its recommendations, the Planning
Commission shall take into account the nature of the proposed use of
land and the existing use of land in the vicinity, the number of persons to
reside or work in the proposed subdivision and the probable effect of the
proposed subdivision upon traffic conditions in the vicinity. A variance
shall only be recommended when the Planning Commission finds:
(1) That there are special circumstances or conditions affecting the
property such that the strict application of the provisions of the
Subdivision Ordinance would deprive the applicant of the reasonable
use of his land.
(2) That the granting of the variance will not be detrimental to the public
health, safety and welfare or injurious to other property in the territory
in which property is situated.
(3) That the variance is to correct inequities resulting from a physical
hardship such as topography.
(4) After considerations of the Planning Commission recommendations,
the City Council may grant variances, subject to subsections (1), (2),
and (3) of this subsection.
The provisions of Section 1006.201 apply only to variances to the
provisions of the Subdivision Ordinance. Variances to the provisions of
the Zoning Ordinance including, but not limited to, setbacks, lot area and
lot width, must be processed according to the provisions of Section
1108.400 of the Zoning Ordinance.
PROCEDURES.
(1)
Requests for a variance or appeal shall be filed with the City On an
official application form provided by the City. Such application shall
be accompanied by a fee as established by the City Council. Such
application shall also be accompanied by ten (10) copies of detailed
written and graphic materials necessary for the explanation of the
request.
(2)
Upon receiving said application, the application, along with all related
information, shall be referred to the City Planning Commission for a
report and recommendation to the City Council.
(3)
The Planning Department shall set a date for a public hearing. Notice
of such hearing shall be published in the official newspaper at least
ten (10) days prior to said hearing, and individual property notices
shall be mailed not less than ten (t0) days nor more than thirty (30)
days prior to the hearing to all owners of property within five hundred
feet (500') of the parcel included in the request.
City of Prior Lake
July 1, 2ool 1006/p3
Subdiv~ionOrdinance
1006.304
MISREPRESENTATIONS. It shall be a misdemeanor for any person owning
an addition or subdivision of land within the City to represent that any
improvement upon any of the streets, alleys or avenues of said addition
or subdivision or any sewer, water and storm sewer utility in said addition
or subdivision has been constructed according to the plans and
specifications approved by the City Council, or has been supervised or
inspected by the City, when such improvements have not been so
constructed, supervised or inspected.
Cio; of Prior Lake
duly I, 2001 1006/p5