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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