HomeMy WebLinkAbout5H Ordinance Amendment Report
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 17, 2019
AGENDA #: 5H
PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR
PRESENTED BY: CASEY MCCABE
AGENDA ITEM:
CONSIDER APPROVAL OF ORDINANCES AMENDING PART 1 (ADMINIS-
TRATIVE); PART 10 (SUBDIVISIONS); AND PART 11 (ZONING) OF THE
PRIOR LAKE CITY CODE
GOAL AREA AND
OBJECTIVE:
Transportation & Mobility
2. Promote neighborhood connectivity and safety through development and
street reconstruction projects.
4. Support complete street designs that ensure pedestrian mobility and multi-
modal transportation options.
5. Focus on key corridors that take advantage of collaboration with state and
county projects.
DISCUSSION: Introduction
The purpose of this agenda item is to consider multiple amendments to Part 1
(Administrative); Part 10 (Subdivisions); and Part 11 (Zoning) of the Prior Lake
City Code.
History
At a recent city council retreat, the council directed staff to propose updates to
the subdivision and zoning codes to clarify language, update fees and identify
methods of installation or funding for public improvements that are made neces-
sary as a result of development in the community.
Current Circumstances
Attached to this report are proposed ordinance amendments prepared by the City
Attorney. Most of the revisions are proposed in Sections 1002 and 1005, and as
such, full redlines of each section are attached. There were other minor revisions
in other sections related to clarifying the fee language; these minor revisions were
combined into one document and shown as excerpts.
Proposed Amendments to Section 1002 – Procedures for Filing and Review of
Subdivisions
➢ The fee language was cleaned up.
➢ Special Assessment language in 1002.304 and 1002.407 was updated to
clarify the language applies to assessments existing prior to platting. Any
assessment due at the time of platting for road improvements will be han-
dled under the new Public Improvements language in 1005.300.
➢ The Premature Subdivision section in 1002.700 and 1002.800 was
cleaned up.
➢ The regional system inadequacies were rearranged. The system inade-
quacies for subdivision denial was moved up to 1002.700 (8) and
2
1002.800 now only relates to building permits. This revision was made to
keep the premature determination of plats separate from a premature de-
termination relating to building permits.
Proposed Amendments to Section 1005 – Required Improvements and Changes
➢ Assessment policy was clarified that it does not apply to assessments im-
posed as part of the subdivision of property.
➢ This section was rearranged to place all ‘improvements’ language to-
gether in one subsection.
➢ New language was inserted related to the payment of public improvement
costs.
➢ Language was inserted in 1005.800 related to the undergrounding of pub-
lic utilities and language added requiring notice to the utilities and refer-
ence to the fee for no notice.
Proposed Amendments to other sections
➢ Added fee language to existing substantive language:
• Added language to 1003.500 for Final Plat Modification Fee
• Added language to 1006.103 for fee for Registered Land Surveys
• Added language to 1107.1302 for Sign Permit fees
• Added language to 1107.2105 related to Tree Preservation Lot
Deposit
• Added language to 1108.205 for Conditional Use Fee
• Added language to 1108.207 for Conditional Use Modification Fee
• Added reference to City Fee Schedule in 1108.507 re Zoning
Code Amendments
• Added language to 1108.903 for Site Plan Fee
• Added language to 1108.1002 for Interim Use Fee
➢ Added or revised substantive language including fee language:
• Zoning Verification Letter – added language regarding zoning ver-
ification into the section appeal from zoning administrator in
1101.302.
• PUD – Code Section 1106.712 was updated to be more specific.
• Variance – Fee Schedule simply lists ‘Variance Fee’, this was
changed to ‘Variance Application or Extension’ and deleted the
reference to appeal from 1108.410 (appeal fee is in 1109.301 and
401).
• Vacation – added new section 1108.1100 regarding vacations.
Proposed Amendments to Section 113 – Fee Schedule
➢ All the revisions to the Fee Schedule are rearranging fees and changing
section titles except for one new fee and two deletions.
➢ The Application/Plat Fees below were moved from Zoning/Subdivision
Fees, which is now Zoning Fees, to the Development Fee section, which
is now Development/Subdivision Fees.
• Administrative Plat Fee
• CIC Plat Fee
• Concept Plan
• Final Plat Application Fee
• Final Plat Major Modification
• P.U.D. (prelim)
3
• P.U.D. (final)
• P.U.D. Minor Amendment
• P.U.D. Major Amendment
• Preliminary Plat Application Fee
• Preliminary/Final Plat Combination Fee
• Registered Land Survey
• Subdivision Exception Fee
➢ Zoning/Subdivision Fees were changed to Zoning Fees and include the
following:
• Comprehensive Plan Amendment
• Conditional Use Fee
• Conditional Use Major Amendment
• Interim Use Permit
• Rezoning
• Site Plan
• Vacation Fee
• Variance Fee
• Zoning Code Amendment
• Zoning Appeal (Administrative & Planning Commission)
• Zoning Verification Letter
➢ Other Zoning Permits were changed to Zoning Permits and include:
• Fence Permit
• Sign Permit (permanent) - Single Tenant Buildings
• Sign Permit (permanent) - Multiple Tenant Buildings
• Sign Permit (temporary)
• Tree Preservation Lot Deposit
➢ The following were moved to Permits:
• Home Occupation Permit
• Letter of Credit (residential building relocation)
• Sidewalk Sales Permit
Conclusion
The proposed amendments are intended to clarify language, update fees and
identify methods of installation or funding for public improvements that are made
necessary as a result of development in the community.
Subsection 1108.600 (Policy for Amendments) of the zoning ordinance states,
recommendations of the planning commission and final determinations of the city
council shall be supported by findings addressing the relationship of the proposed
amendment to the following policies:
In the case of amendments to the formal text of this ordinance:
➢ There is a public need for the amendment, or
➢ The amendment will accomplish one or more of the purposes of this ordi-
nance, the comprehensive plan or other adopted plans or policies of the
city, or
4
➢ The adoption of the amendment is consistent with state and/or federal
requirements.
In city staff’s opinion, there is a public need for the amendments, the amendments
are consistent with state requirements, and the proposed amendments will help
accomplish the following findings and purpose of the zoning ordinance:
➢ Promote the most appropriate and orderly development of the residential,
business, industrial, public land and public areas.
➢ Provide adequate light, air and convenient access to property.
➢ Limit congestion in the public rights-of-way.
➢ Require that development proceed according to the goals and policies
established in the City's Comprehensive Plan.
➢ Maintain a tax base necessary to promote the economic welfare of the
City by insuring optimum values for property in the City.
➢ Establish a continuing system of review of this Ordinance to insure it will
be amended to meet changing needs of the community and advances in
science and technology.
ISSUES: The proposed ordinance amendments were drafted by the City Attorney and re-
viewed by the city council and planning commission during a joint work session
on May 6, 2019. The planning commission held a public hearing on the proposed
amendments on May 28, 2019 and unanimously recommended the city council
approve the amendments to Part 1 (Administrative); Part 10 (Subdivisions); and
Part 11 (Zoning) of the Prior Lake City Code as proposed.
ALTERNATIVES: 1. Motion and a second, as part of the consent agenda, to approve the attached
three Ordinances amending Part 1 (Administrative); Part 10 (Subdivisions);
and Part 11 (Zoning) of the Prior Lake City Code and three Resolutions adopt-
ing a summary of the Ordinances.
2. Remove this item from the consent agenda for additional discussion.
RECOMMENDED
MOTIONS:
Alternative #1
ATTACHMENTS: 1. Proposed Ordinance Amendments
Subdivision Code
City of Prior Lake 1002/p1
SECTION 1002
PROCEDURES FOR FILING AND REVIEW OF SUBDIVISIONS
SUBSECTIONS:
1002.100: CONCEPT PLAN
1002.200: PRELIMINARY PLAT
1002.300: FINAL PLAT
1002.400: COMBING PRELIMINARY AND FINAL PLATS
1002.500: CIC PLAT
1002.600: EFFECT OF SUBDIVISION APPROVAL
1002.700: PREMATURE SUBDIVISIONS
1002.800: REGIONAL SYSTEM SERVICE INADEQUACIES
1002.100: CONCEPT PLAN: A subdivider may choose to submit a concept plan to the
Community Development Department prior to submission of a preliminary plat. The
purpose of such a concept plan is to inform the subdivider of the procedural
requirements and minimum standards of the Subdivision Code, and the
requirements or limitations imposed by other City ordinances, plans and/or
policies. The Community Development Staff, along with other City staff, will review
the concept plan and discuss any foreseeable problems or issues with the
subdivider. These discussions of the concept plan shall be advisory and are not
binding in regard to any subsequent plat review. The Community Development
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 informal,
non-binding review and comment.
1002.101 An application for review of a concept plan shall include, but not be limited to all of
the following:
➢ A completed application on the form provided by the City which shall
include the name, address and telephone number of the subdivider and the
property owner, the location of the property, a description of the proposed
subdivision and a working name for the proposed subdivision.
➢ The required filing fee(s) as established by the City Council and set forth in
the City Fee Schedule.
➢ Three (3) copies of the concept plan at a scale not less than one inch equals
one hundred feet (1' = 100').
➢ One (1) digital copy of the concept plan.
➢ The information required in Subsection 1003.100 of this Subdivision Code.
1002.200 PRELIMINARY PLAT
1002.201 Filing. An application for a preliminary plat, signed by the subdivider and the
property owner, shall be submitted to the Community Development Department.
This application shall be accompanied by all of the following:
Subdivision Code
City of Prior Lake 1002/p2
➢ Three (3) full-scale copies and one (1) digital copy of the preliminary plat
➢ All of the information required in Subsection 1003.200 of this Subdivision
Code.
➢ A radius map and a list and labels of the names and addresses of owners
of property located within five hundred feet (500') of the subject property.
These shall be obtained from and certified by an abstract company or the
Scott County Auditor’s Office.
➢ The required filing fee(s) as established by the City Council and set forth in
the City Fee Schedule.
➢ Applications for any necessary exceptionsvariances from the provisions of
the Subdivision Code shall be submitted with the required fee.
1002.202 In accordance with Minn. Stat. § 15.99, the City shall review the application and
notify the subdivider within 15 business days of submittal whether or not the
application is complete. The preliminary plat application shall not be officially
submitted and considered complete until all the information requirements are
complied with.
1002.203 Hearing. The Community Development Department, upon receipt of a complete
application, shall set a public hearing date before the Planning Commission for
public review of the preliminary plat. Notice of the hearing shall consist of the date,
time and place of the hearing, a legal description of the property, a description of
the property reasonably calculated to inform a person of the location, and
description of the preliminary plat request and where and when information
pertaining to the preliminary plat may be obtained. The hearing notice shall be
published in the official newspaper at least ten (10) days prior to the hearing.
Notice of the proposed subdivision shall also be posted on the City’s website at
least 10 days prior to the scheduled public hearing date. Written notification of the
hearing shall be mailed to all owners of land within five hundred feet (500') of the
boundary of the property in question at least ten (10) days prior t o the hearing.
Any omission or defect, which has not impaired the ability of a surrounding property
owner to participate in the proceedings, shall in no way impair the validity of the
proceedings on the proposed application. In addition, the City may install
development signage at the property stating that there is a proposed subdivision
and providing a phone number to call for additional information. Failure to provide
development signage on the site does not invalidate a public hearing notice.
1002.204 Review By Other Commissions Or Jurisdictions. The Community
Development Staff shall refer copies of the preliminary plat to County,
Metropolitan, State or other public entities for their review and comment, where
appropriate.
1002.205 Planning Commission Action. The Planning Commission shall conduct the
public hearing in accordance with Subsection 1109.200 of the Zoning Code. The
Planning Commission may continue the public hearing as appropriate. The
Planning Commission shall report its findings and make a recommendation to the
City Council within ninety (90) days of the date a complete application was
received by the City. If the Planning Commission has not acted upon the
preliminary plat within ninety (90) days following delivery of a complete application,
the Council may act on the preliminary plat without the Planning Commission's
Subdivision Code
City of Prior Lake 1002/p3
recommendation.
1002.206 City Council Action.
(1) Pursuant to Minn. Stat. §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 subdivider has agreed, in
writing, to an extension of the statutory review period.
(2) 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, and
general welfare of the City.
(3) 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.
(4) If the preliminary plat is approved, such approval shall not constitute final
acceptance of the plat. Final plat approval will be required for the engineering
proposals and other features and requirements as specified by the Subdivision
Code. The City Council may require such revisions in the preliminary plat and final
plat as it deems necessary for the health, safety, and general welfare of the City.
(5) Once a preliminary plat is approved by the City Council, the subdivider must submit
a complete application for a final plat within twelve (12) months after approval of
the preliminary plat. If a subdivider fails to submit a complete 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 at least 30 days
prior to the expiration of the existing time period and the request is approved by
the City Council. Each such extension of time shall not exceed six (6) months.
1002.300 FINAL PLAT
1002.301 Filing. After the preliminary plat has been approved, the final plat shall be
submitted for review as set forth in the subsections which follow. A final plat
application, signed by the subdivider and the property owner, shall be submitted
to the Community Development Department accompanied by all of the following
information.
➢ Three (3) full-scale copies and one (1) digital copy of the final plat.
➢ All information required in Subsection 1003.300 of the Subdivision Code.
➢ The required filing fee(s) as established by the City Council and set forth in
the City Fee Schedule.
1002.302 In accordance with Minnesota Statutes § 15.99, the City shall review the
application and notify the subdivider within 15 business days of submittal whether
or not the application is complete. The final plat application shall not be officially
submitted and considered complete until all the information requirements are
complied with.
Subdivision Code
City of Prior Lake 1002/p4
1002.303 City Council Action. The final plat and a signed Development Agreement shall
be submitted to the City Council for review. If the City Council approves the final
plat, the City Council shall adopt a resolution approving the final plat and
Development Agreement. 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 denial of a plat shall be set forth in the
minutes of the City Council proceedings and reported in writing to the subdivider.
1002.304 Special Assessments. When there are any preexisting special assessments
which have been levied prior to approval of the final plat against any of the property
described in the final plat, the special assessments shall either be paid in full before
the final plat is released or shall be divided and allocated to the respective lots in
the final plat. If the subdivider elects to divide the special assessments, the City
Finance Director shall distribute the remaining assessment balance on a per unit
basis, prepare a revised assessment roll and file the same with the County Auditor.
If the per unit assessment is less than $1,000.00, the entire assessment balance
shall be paid before the final plat is released.
1002.305 Recording Final Plat And Development Agreement. If the final plat and
Development Agreement are approved by the City Council, the subdivider shall
record both documents with the County Recorder or Registrar within ninety (90)
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 Agreement have been recorded
with the County.
The final plat shall be considered void if not recorded within the ninety (90) days
provided for herein unless a request for a time extension is submitted in writing
prior to the expiration of the ninety (90) day period and approved by the City
Council.
1002.306 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 Agreement. Future phases of the subdivision must be
platted as outlots on the final plat. If a subdivision 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 Agreement. Failure to obtain final plat approval for all phases of the
subdivision 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
Subdivision Code
City of Prior Lake 1002/p5
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:
➢ The resulting subdivision contains no more than 5 lots.
➢ The proposed subdivision is located in an area where streets and utilities
are in place and capable of serving the subdivision.
➢ The proposed subdivision does not require the dedication or construction
of future streets and will not interfere with the development of adjacent
properties.
➢ The resulting lots shall conform with all provisions of the Zoning Code
unless a variance has been granted.
1002.401 Filing. An application for a combined preliminary and final plat, signed by the
subdivider and the property owner, shall be submitted to the Community
Development Department. This application shall be accompanied by all of the
following:
➢ Three (3) full-scale copies, and one (1) digital copy of the preliminary plat.
➢ All of the information required in Subsection 1003.200 and in Subsection
1003.300 of this Subsection Code.
➢ A radius map and a list and labels of the names and addresses of owners
of property located within five hundred feet (500') of the subject property.
These shall be obtained from and certified by an abstract company or the
Scott County Auditor’s Office.
➢ The required filing fee(s) as established by the City Council and set forth in
the City Fee Schedule.
1002.402 In accordance with Minn. Stat. § 15.99, the City shall review the application and
notify the subdivider within 15 business days of submittal whether or not the
application is complete. The plat application shall not be officially submitted and
considered complete until all the information requirements are complied with.
1002.403 Hearing. The Community Development Department, upon receipt of a complete
application, shall set a public hearing date before the Planning Commission for
public review of the combined preliminary and final plat. Notice of the hearing shall
consist of the date, time and place of the hearing, a legal description of the
property, a description of the property reasonably calculated to inform a person of
the location, and description of the plat request and where and when information
pertaining to the plat may be obtained. The hearing notice shall be published in
the official newspaper at least ten (10) days prior to the hearing. Notice of the
proposed subdivision shall also be posted on the City’s website at least 10 days
prior to the scheduled public hearing date. Written notification of the hearing shall
be mailed to all owners of land within five hundred feet (500') of the boundary of
the property in question at least ten (10) days prior to the hearing. Any omission
or defect, which has not impaired the ability of a surrounding property owner to
participate in the proceedings, shall in no way impair the validity of the proceedings
on the proposed application. In addition, the City may install development signage
at the property stating that there is a proposed subdivision and providing a phone
number to call for additional information. Failure to provide development signage
on the site does not invalidate a public hearing notice.
Subdivision Code
City of Prior Lake 1002/p6
1002.404 Review By Other Commissions Or Jurisdictions. The Community
Development Staff shall refer copies of the combined preliminary and final plat to
County, Metropolitan, State or other public entities for their review and comment,
where appropriate.
1002.405 Planning Commission Action. The Planning Commission shall conduct the
public hearing in accordance with Subsection 1109.200 of the Zoning Code. The
Planning Commission may continue the public hearing as appropriate. The
Planning Commission shall report its findings and make a recommendation to the
City Council within ninety (90) days of the date a complete application was
received by the City. If the Planning Commission has not acted upon the combined
preliminary and final plat within ninety (90) days following delivery of a complete
application, the Council may act on the preliminary plat without the Planning
Commission's recommendation.
1002.406 City Council Action. The combined preliminary and final plat and a signed
Development Agreement shall be submitted to the City Council for review. If the
City Council approves the plat, the City Council shall adopt a resolution approving
the plat and Development Agreement within 120 days following delivery of a
complete application unless the subdivider 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
plat, the City Council shall adopt a resolution with written findings supporting the
basis for the denial. The findings for any denial of a plat shall be set forth in the
minutes of the City Council proceedings and reported in writing to the subdivider.
1002.407 Special Assessments. When any preexisting special assessments which have
been levied prior to approval of the combined preliminary and final plat against any
of the property described in the plat, the special assessments shall either be paid
in full before the plat is released or shall be divided and allocated to the respective
lots in the plat. If the subdivider elects to divide the special assessments, the City
Finance Director shall distribute the remaining assessment balance on a per unit
basis, prepare a revised assessment roll, and file the same with the County
Auditor. If the per unit assessment is less than $1,000.00, the entire assessment
balance shall be paid before the final plat is released.
1002.408 Recording Plat And Development Agreement. If the plat and Development
Agreement are approved by the City Council, the subdivider shall record both
documents with the County Recorder or Registrar within ninety (90) days after said
approval. The subdivider shall, immediately upon recording, furnish the City with
a print and reproducible tracing of the plat showing evidence of the recording. The
subdivider shall also furnish a copy of the recorded 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 Agreement have been recorded with the County.
The plat shall be considered void if not recorded within the ninety (90) days
provided for herein unless a request for time extension is submitted in writing prior
to the expiration of the ninety (90) period and approved by the City Council.
Subdivision Code
City of Prior Lake 1002/p7
1002.500 CIC PLATS. CIC Plats shall require both preliminary and final plat approvalbe
considered a final plat and shall be processed according to the procedures listed
in Subsections 1002.200 and 1002.300 of the Subdivision Code. The applications
for a CIC Plat shall comply with all requirements for a preliminary and final plat
respectively and shall be accompanied by the required filing fee(s) as established
by the City Council and set forth in the City Fee Schedule.
1002.600 EFFECT OF SUBDIVISION APPROVAL. For one (1) year following preliminary plat
approval and for two (2) years following final plat approval, unless the subdivider
and the City agree otherwise, no amendment to the City of Prior Lake's
Comprehensive Plan, Zoning Code or Subdivision Code shall apply to or affect the
use, development density, lot size, lot layout, or dedication required or permitted
by the approved plat. Thereafter, upon resolution of the City Council, the City may
extend the period by agreement with the subdivider, or it may require submission
of a new plat unless substantial physical activity and investment has occurred in
reasonable reliance on the approved plat and the subdivider will suffer substantial
financial damage as a consequence of a requirement to submit a new plat.
1002.700 PREMATURE SUBDIVISIONS. Any preliminary plat/final plat and/or subdivision
shallmay be deemedtermined to be premature ifshould any of the following
provisions which follow exist:
(1) Lack Of Adequate Drainage. A proposed subdivision lacks adequate drainage if
any of the following exist: A condition of inadequate drainage exists if any of the
following provisions exist:
➢ Surface or subsurface water retention and runoff is such that it constitutes
a danger to the structural integrity of the proposed structures or other
nearby structures.
➢ The proposed site grading and subdivision will cause pollution of water
sources or damage from erosion and siltation on downhill or downstream
land.
➢ Storm trunk facilities and/or regional ponding facilities that will serve the
proposed subdivisionplat have not yet been constructed.
➢ Factors to be considered in making the determinations regarding a, b and
c above may include, but are not limited to: average rainfall for the area;
the relation of the land to flood plains; and the nature of soils and subsoils
and their ability to adequately support surface water runoff.
(2) Lack Of Adequate Water Supply. A proposed subdivision lacks an adequate
water supply if , when developed to its maximum permissible density, the proposed
subdivision does not have adequate sources of water to serve the proposed
subdivision when developed to its maximum permissible density without causing
an 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 if any
of the following provisions exist:
Subdivision Code
City of Prior Lake 1002/p8
➢ Roads or highways which serve the proposed subdivision are of such a
width, grade, stability, vertical and horizontal alignment, site distance orand
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 or highways are inadequate for the intended
increased use.
➢
➢ The traffic volume generated by the proposed subdivision would decrease
the level of service on roads or highways existing at the time of the
application or proposed for completion within the next two (2) years. Level
of service is a description of traffic conditions along a given roadway or at a
particular intersection. The level of service ranges from "A" (free flow of traffic
with minimum intersection delays) to "F" (forced flow, jammed intersections,
long delays). It generally reflects factors such as speed, travel time, freedom
to maneuver, traffic interruptions and delays.
➢ The road infrastructure, including but not limited to signals, turn lanes and
medians, needed to serve the proposed subdivision have not been
constructed or are in a condition that is insufficient to support the proposed
subdivision.
(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 are inadequate lines or 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 ifwhen the subdivision is
inconsistent with the purposes, objectives and recommendations of the adopted
Comprehensive Plan of the City of Prior Lake. Proposed sSubdivisions that are
not proposed in areas consistent with the criteria for allocation of MUSA reserve
shall be deemed inconsistent.
(6) Lack of Public Service Capacity. A proposed subdivision lacks necessary public
service capacity if 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 at an increased level needed to serve the proposed
subdivision for within the next two (2) years.
(7) Inconsistency With Capital Improvement Plans. A proposed subdivision is
inconsistent with capital improvement plans if when improvements and/or services
necessary to accommodate the proposed subdivision have not been programmed
in the City of Prior Lake, Scott County or other regional Capital Improvement Plans
for construction within the next two (2) years. The City Council may waive these
criteria when it can be demonstrated that a revision to the City capital improvement
Subdivision Code
City of Prior Lake 1002/p9
plan can be accommodated.
(8) Lack of Adequate Regional Service. A proposed subdivision lacks adequate
regional service if any of the following exist:
➢ Regionally controlled metropolitan sanitary sewer interceptors or waste
water treatment facilities are classified as having inadequate capacity to
provide service within the standards of recognized public health and safety.
➢ Regional transportation systems are deemed 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.
1002.701 Burden of Establishing. The burden shall be upon the subdivider to show that
the proposed subdivision is not premature.
1002.702 Process Used to Define a Premature Subdivision.
(1) Application. Upon receipt of an application for a subdivision preliminary plat or a
final plat, the City staff will review the application based on the criteria listed in
Subsection 1002.700601 of the Subdivision Code to determine if the proposed
subdivision is premature.
(2) Notification. If the staff finds a subdivision premature under the criteria listed in
Subsection 1002.700 of the Subdivision Code, the subdivider will be notified of the
staff’s findings in writing within 15 business days of receipt of a complete
application. This notification shall constitute denial of the application.
(3) Appeal. Any owner of affected property or any affected subdivider may appeal
the staff finding of a premature subdivision to the City Council. The appeal must
be in writing and must be filed with the Community Development Department within
5 calendar days after the date of the written notification of the decision. The
required fee, as set by the City Council in the City Fee Schedule, shall be paid
when the appeal request is filed. The Community Development Department shall
set a date for an appeal 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 (10) days nor more than thirty
(30) days prior to the hearing to all owners of property within five hundred feet
(500') of the property included in the request. Failure of a property owner to receive
said notice shall not invalidate any such proceedings. The City Council shall hear
the appeal within 360 days of the filing of the appeal unless that period is extended
with consent of the appellant. The City Council shall render a decision within 30
days of the conclusion of the appeal hearing.
1002.800 REGIONAL SYSTEM SERVICE INADEQUACIES
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1002.801 Existing Conditions. An approved preliminary plat or building permit within an
approved final plat may be deemed as premature development if any of the
following conditions set forth are found to exist:
➢ The rRegionally controlled metropolitan sanitary sewer interceptors or
waste water treatment facilities are classified as having inadequate
capacity to provide service within the standards of recognized public health
and safety.
➢ The courts or other government entities with authorityResponsible
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.
1002.802 City Liability Exemption. The City shall be All preliminary and final plat approvals
and related formal Development Agreements shall stipulate and shall exempt the
City from any liability associated with with platting or building permit denial based
upon factors and conditions related to regional governmental agency and unit
jurisdictions and related service inadequacies.
(Ord. Amd. 118-13, publ. 08/11/2018)
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SECTION 1005
REQUIRED IMPROVEMENTS AND CHARGES
SUBSECTIONS:
1005.100: GENERAL PROVISIONS
1005.200: MONUMENTS
1005.300: PUBLIC IMPROVEMENTSSTREET IMPROVEMENTS
1005.400: DEDICATIONSFUTURE STREET IMPROVEMENTS AND CHARGES
1005.500: SANITARY SEWER AND WATER IMPROVEMENTS AND CHARGES
1005.600: STORMWATER IMPROVEMENTS AND CHARGES
1005.700: EXEMPTXCEPTIONS
1005.800: PUBLIC UTILITIES
1005.900: ELECTION BY CITY TO INSTALL IMPROVEMENTS
1005.10900: TREES REQUIRED FOR NEW SUBDIVISIONS
1005.10100: TOPSOIL AND SODDING
1005.11200: CABLE INSTALLATION
1005.100 GENERAL PROVISIONS
1005.101 Assessment Policy. The City of Prior Lake Special Assessment Policy is hereby
adopted and incorporated into this Subdivision Code by reference as if fully set
forth. The Policy shall not apply to assessments which are imposed in connection
with subdivision of property, which shall be governed by agreement with the
subdivider and property owner.
1005.102 Development Agreement. Before a final plat is signed by the City, the
subdivider shall pay all applicable fees and enter into the City's standardized
Development Agreement, as modified with approval of the City Council, setting
forth the conditions under which the plat is approved.
1005.103 Fees and Escrows.
(1) Administrative Fee on Development Agreements and Escrow for Preliminary and
Final Plats.
a. Preliminary Plat Escrow. In conjunction with the application for
preliminary plat the subdivider shall deposit a cash escrow with the
City as established by the City Council and set forth in the City Fee
Schedule. The City may draw on the escrow for all costs incurred by
the City in relation to administration of the preliminary plat. Any
unused escrow funds shall be applied to the final plat escrow.
b. Final Plat Escrow. In conjunction with the application for final plat the
subdivider shall deposit a cash escrow with the City as established by
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the City Council and set forth in the City Fee Schedule. The City may
draw on the escrow for all costs incurred by the City in relation to
administration of the final plat. Any unused escrow funds shall be
applied to the Administrative Fee.
c. Administrative Fee. Before the final plat is signed and released by the
City, the subdivider shall pay to the City the Administrative Fee on
Development Agreements established by the City Council and set
forth in the City Fee Schedule. The Administrative Fee is a non-
refundable fee used to cover costs incurred by the City in relation to
administration of the subdivision and Development Agreement.
d. Abandonment. If, at any time prior to payment of the Administrative
Fee, the subdivider abandons the subdivision by written statement
submitted to the City, the City shall cease work on the subdivision,
draw on the escrow for any final costs incurred by the City, and refund
any remaining escrow funds to the subdivider.
(2) Construction Observation and Professional Service Escrow on Development
Agreements. Before the final plat is signed and released by the City, the
subdivider shall deposit a Construction Observation and Professional Service
Escrow on Development Agreements to the City to be drawn on by the City
for costs incurred in relation to construction observation and professional
services. The City shall refund to the subdivider any escrow funds remaining
after completion of the subdivision.
(3) Additional Costs. Any costs incurred by the City, whether related to
administration of the subdivision and/or Development Agreement or to
construction observation and/or professional services, in excess of the cash
escrows set forth above shall be the responsibility of the subdivider. The City
may invoice the subdivider for such additional costs or the City may provide
notice to the subdivider that the escrow must be replenished. The subdivider
shall pay the invoice or replenish the escrow within 10 days of the date on the
City’s invoice or notice. The City may cease all administration and review of
the subdivision until the invoice is paid or the escrow replenished.
1005.1034 Security. Before a final plat is signed and released by the City, the subdivider
shall also furnish the City financial security in the form of an irrevocable letter of
credit or other form of security as approved by the City. The required security
shall be in the amount of one hundred and twenty-five percent (125%) of the
estimated cost of the Public Improvements; in an amount determined by the City
to secure the special assessments for the City installed Public Improvements; or
in some combination of the two. The security shall be in a form and substance
approved by the City Attorney. If the subdivider fails to perform any obligations
under the Development Agreement, the City may apply the security to cure the
default..
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1005.104 Developer Installed Improvements. If the subdivider is going to install any
public improvements, the required security shall be one hundred and twenty-five
percent (125%) of the sum of the following fixed or estimated costs: developer
installed public improvements including streets and utilities; grading, drainage,
wetland and erosion control plans; landscape plan; and monumentation, and as-
built/record drawings.
1005.105 Grading Improvements. Subdivision grading will be allowed upon the City
Council approval of the preliminary plat. Prior to any grading, the subdivider shall
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
PWDM and the requirements for grading, filling and excavation in Subsection
1101.509 of the Zoning Code.
1005.106 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:
- Principal amount of special assessments for public improvements to be
installed.
- Street lights.
- Erosion control.
- Landscaping.
- Monumentation.
1005.1075 Warranty/Maintenance Bond. The City shall require the subdivider to submit a
warranty bond in the amount equal to the original cost of the pPublic
Iimprovements. The required warranty period for materials and workmanship for
public utilities and streets shall be two (2) years from the date of final
acceptance. The required warranty period for sod, trees and landscaping shall
beis one (1) year following acceptance of the landscaping.
1005.1086 Reproducible Drawings. Reproducible as-built drawings of all required pPublic
iImprovements 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 (“PWDM”).
1005.109 Improvements. All of the required public improvements to be installed under the
provisions of the Subdivision Code 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.
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1005.200 MONUMENTS.
1005.201 Official Monuments. Official monuments, as designated and adopted by the
County Surveyor's office and approved by the County District Court for use as
judicial monuments, shall be set at each corner or angle on the outside boundary
of the final plat or in accordance with a plan as approved by the City. The
boundary line of the property to be included in the plat shall be fully dimensioned,
all angles of the boundary excepting the closing angle shall be indicated and all
monuments and surveyor's irons shall be indicated. Each angle point of the
boundary perimeter shall be so monumented.
1005.202 Placement. Survey monuments shall be placed at all block and lot corners,
angle points, points of curves in streets or at intermediate points as shall be
required by the City. The monuments shall be of such material, size and length
as required by the City. It shall be the subdivider's responsibility to ensure the
survey monuments are maintained in good order during construction. Proof of the
monumentation shall be in the form of a surveyor's certificate and this
requirement shall be a condition of a certificate of occupancy as provided for in
the Zoning Code.
1005.300 PUBLIC IMPROVEMENTS.
1005.301 Public Improvements. The subdivider is responsible for the installation,
construction and cost of all public improvements required to serve the
subdivision, whether such improvements are located on or off of the subdivided
property (all required public improvements are referred to in this Section as
“Public Improvements”). The City shall determine what improvements are
required to serve the subdivision, including but not limited to the following:
streets, curb and gutter, traffic and street signals and signs, street lights,
medians, and turn lanes; sanitary sewer, water and storm water infrastructure;
site grading and ponding; underground utilities; monuments; sidewalks, trails and
boardwalks; erosion control; wetland improvements and signage; and
landscaping.
1005.302 Method of Installation. The Public Improvements may be constructed and
installed by the subdivider or City in any combination of the following methods.
The method(s) of installation shall be agreeable to the subdivider but shall be
subject to approval of the City in the City’s sole discretion.
(1) Subdivider Build. The subdivider may install or construct some or all of the Public
Improvements.
(2) Special Assessment. The City may, in the City’s sole discretion, install or
construct some or all of the Public Improvements. All costs incurred by the City
related to the installation or construction of the Public Improvements, including
but not limited to costs of a feasibility study, construction and installation costs,
staff time, professional services and legal costs, shall be paid for by the
subdivider. The City and the subdivider shall enter into a special assessment
agreement in which, at a minimum, the subdivider agrees to the assessment,
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City of Prior Lake
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waives any objection to the assessment, and agrees not to appeal the
assessment.
(3) Deposit. The City may, in the City’s sole discretion, agree that some of the Public
Improvements, though impacted by the subdivision, need not be installed or
constructed immediately. In such cases, the City may agree to accept a deposit
from the subdivider to pay for the subdivider’s portion of the future Public
Improvements. The City and the subdivider shall enter into a deposit agreement
which, at a minimum, shall establish the need for the Public Improvements, set
forth the subdivider’s share of the cost, and address the accounting for and
refund of any excess deposit.
1005.900 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 Code pursuant to Minn. Stat. Chap. 429. If the City elects to
install the improvements the City shall
require the subdivider to post an irrevocable letter of credit or other security
guaranteeing payment of the assessments.
1005.303109 City ApprovalImprovements. All Public Improvements shall be constructed
and installed in accordance with the standards and specifications of the City
Code and the PWDM. All of the required p subdivider installed Public
iImprovements to be installed under the provisions of the Subdivision Code shall
be subject to the inspection and approval of the City. approved by and subject to
inspection by the City. The City may draw from the Construction Observation
and Professional Service Escrow on Development Agreements all costs incurred
in relation to inspection of the Public Improvements. 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.
1005.304 Grading Improvements. Subdivision grading will be allowed prior to final plat
approval only if the subdivider complies with this subsection. Prior to any grading,
the subdivider shall 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 PWDM and the requirements for grading, filling and
excavation in Subsection 1101.509 of the Zoning Code. No grading permit shall
be issued prior to City Council approval of the preliminary plat.
1005.4300 SDEDICATIONSTREET IMPROVEMENTS. As a condition of final plat approval,
the subdivider shall dedicate to the City all property encompassing the Public
Improvements, property necessary for public and private connections to the
Public Improvements, property that may be needed for future streets or public
utilities, and any other property or easements required by the City. All streets
shall be improved in accordance with the standards and specifications for street
construction as required by the PWDM.All dedications shall be in a form
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City of Prior Lake
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approved by the City and shall be subject to City Attorney approval.
1005.400 FUTURE STREET IMPROVEMENTS AND CHARGES.
1005.401 Dedication. As a condition of plat approval, when property being platted is
adjacent to an existing collector street, highway, or substandard streets which
need improvement, the subdivider shall dedicate land for the widening or
improvement of said collector street, highway or substandard street.
1005.402 Collector Street Charge. - n accordance with the City's Special Assessment
Policy, an acreage fee for the collector street system is to be collected as part of
the Development Agreement on all new subdivisions. The fees are dedicated to
the Collector Street Fund and are to be used for the purpose of paying for
collector street improvements and pedestrian trail improvements associated with
collector streets and the City share of County road related trail improvements.
The charge shall be based upon the gross acreage of the subdivision less the
area to be dedicated to the City for ponding, parks, wetlands, and road right-of-
way necessary for County or State highways or excess collector street right-of-
way. The fee shall be set annually by the City Council in the City Fee Schedule
and paid to the City prior to the release of the final plat.
1005.500 SANITARY SEWER AND WATER IMPROVEMENTS AND CHARGES.
1005.501 Improvements. Sanitary sewer and water 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.
1005.502 Charges. In accordance with City Code Section 704 and 705, the City's Special
Assessment Policy, an trunk acreage charge and a trunk line availability charge, both dedicated
to the Trunk System Reserve Fund, shall be paid prior to release of the final platwill be collected
as part of the Development Agreement on all new subdivisions. The purpose of this fund is to
pay for central system improvements, including but not limited to treatment plants and lift
stations, essential for the functional operation of the entire municipal sewer and water system
and to pay for oversized infrastructure between the central system improvements and the
subdivision. The charges shall be based upon the gross acreage of the subdivision less the
acreage to be dedicated to the City for ponding, parks, wetlands, and road right-of-way
necessary for County or State highways or excess collector street right-of- way. The chargesfee
shall be establishedset annually by the City Council and set forth in the City Fee Schedule. and
paid to the City prior to the release of the final plat.
1005.600 STORMWATER IMPROVEMENTS AND CHARGES.
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1005.601 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.
1005.602 In accordance with City Code Section 704the City's Special Assessment Policy, a
charge for trunk stormwater improvements, either constructed or to be
constructed for trunk facilities serving the subject property, shall be paid prior to
release of the final platwill be collected as part of the Development Agreement 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 road right-of -way necessary for County or State highways or
excess collector street right-of- way. The fee shall be establishedset annually by
the City Council and set forth in the City Fee Schedule. and paid to the City prior
to the release of the final plat. The subdivision maywill be given a credit for any
on-site storm water improvement that has been oversized to serve property
outside the subdivision.
1005.700 EXEMPTCEPTIONS. Property being replatted shall be exempt from paying the
street, sewer, water and stormwater charges set forth in Subsections
1005.500402, and 1005.600502 and 1005.602 of the Subdivision Code if the
stated charges were paid or assessed in conjunction with the initial platting of the
property or paid or assessed by other means.
1005.800 1005.800 PUBLIC UTILITIES.
(1) All public utilities, including, but not limited to, telephone, electric, cable and/or
gas service lines shall be placed underground in accordance with all applicable
City Code provisions. All subdividers are responsible for complying with this
undergrounding requirement and prior to final plat approval shall submit to the
City written instruments from the appropriate right-of-way users showing that all
necessary arrangements with said users for installation of such facilities have
been made.
(2) The subdivider shall provide at least ten (10) business days’ notice of the date
that utility trenches will be open to the utilities that have agreed to serve the
subdivision. When the trenches are open, such utilities shall have two (2)
business days to begin the installation of their cables, and five (5) business days
after beginning installation to complete installation. If a subdivider fails to provide
the required notice, the subdivier shall pay to the City an Administrative Charge
for no notice to commence construction for utility connections as established by
the City Council and set forth in the City Fee Schedule.
1005.900 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 Code pursuant to Minn. Stat. Chap. 429. If the City elects to
install the improvements the City shall
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require the subdivider to post an irrevocable letter of credit or other security
guaranteeing payment of the assessments.
1005.19000 TREES REQUIRED FOR NEW SUBDIVISIONS. In new subdivisions, trees
shall be planted on each lot. Permitted tree species shall be in accordance with
Subsection 1107.2100 of the Zoning Code. All required trees shall be planted by
the builder prior to issuance of certificate of occupancy. The following tree
specifications shall apply to each platted lot in the proposed subdivision.
1005.10901 Required Subdivision Trees.
1. Required: One balled and burlapped street tree will be required per lot
frontage and one balled and burlapped front yard tree will be required per
front yard.
2. Caliper: Each tree must be a minimum of two and one-half inches (2 1/2") in
trunk diameter measured at ground level.
3. Location: Trees shall be planted inside the front property line at a distance of
at least four feet (4’) from the front property line.
3.4. No required subdivision tree shall be planted inside of any drainage or
utility easement or within a forty-foot (40') clear view triangle on comer lots.
The clear view triangle is the area established for visibility clearance at
intersections. The area of the clear view triangle is defined as follows:
Beginning at the intersection of the projected lot lines of the comer lot, thence
forty feet (40') along one lot line, thence diagonally to a point forty feet (40')
from the point of beginning on the opposite line.
1005.11000. TOPSOIL AND SODDING. The builder shall spread a minimum of four
inches (4") of topsoil over the boulevard, front and side yards. All boulevard, front
and side yard areas shall be sodded except those areas that are landscaped.
Such topsoil and sodding shall be installed by the builder prior to the issuance of
a certificate of occupancy.
1005.12100 CABLE INSTALLATION. In new residential subdivisions in which all the electric
power and telephone utilities are underground, the City may, in its sole
discretion, require that the following procedure apply with respect to access to
and utilization of underground easements:
(1) The subdivider shall be responsible for contacting all Cable Franchise Grantees
(“Grantees”) to ascertain which Grantees desire (or, pursuant to the terms and
provisions of any Franchise Agreement, may be required) to provide Cable
Service to that subdivision. The subdivider may establish a reasonable deadline
to receive responses from Grantees. The final subdivision map shall indicate the
Grantees that have agreed to serve the subdivision.
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(2) If one (1) or more Grantees wish to provide service within all or part of the
subdivision, they shall be accommodated in the joint utilities trench on a
nondiscriminatory shared basis. If fewer than two (2) Grantees indicate interest,
the subdivider shall provide conduit to accommodate a minimum of two (2) sets
of cable television cables and dedicate to the City any initially unoccupied
conduit.
(3) The subdivider shall provide at least ten (10) business days’ notice of the date
that utility trenches will be open to the Grantees that have agreed to serve the
subdivision. When the trenches are open, such Grantees shall have two (2)
business days to begin the installation of their cables, and five (5) business days
after beginning installation to complete installation. If a subdivider fails to provide
the required notice, the subdivier shall pay to the City an Administrative Charge
for no notice to commence construction for utility connections as established by
the City Council and set forth in the City Fee Schedule.
(4) The final subdivision map shall not be approved until the subdivider submits
evidence that:
a. It has notified each Grantee that underground utility trenches are to
open as of an estimated date, and that each Grantee will be allowed
access to such trenches, including trenches from proposed streets to
individual homes or home sites, on specified nondiscriminatory terms
and conditions; and
b. It has received a written notification from each Grantee that the
Grantee intends to install its facilities during the open trench period on
the specified terms and conditions, or such other terms and conditions
as are mutually agreeable to the subdivider and Grantee, or has
received no reply from a Grantee within ten (10) days after its
notification to such Grantee, in which case the Grantee will be
deemed to have waived its opportunity to install its facilities during the
open trench period.
(5) Sharing the joint utilities trench shall be subject to compliance with State
regulatory agency and utility standards. If such compliance is not possible, the
subdivider shall provide a separate trench for the cable television cables, with the
entire cost shared among the participating Grantee(s). With the concurrence of
the subdivider, the affected utilities and the Grantees, alternative installation
procedures, such as the use of deeper trenches, may be utilized, subject to the
requirements of federal, state and local laws, regulations, ordinances, and
policies.
(6) Any Grantee wishing to serve an area where the trenches have been closed shall
be responsible for its own trenching and associated costs and shall repair all
property to the condition which existed prior to such trenching.
(Ord. Amd. 118-13, publ. 08/11/2018)
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Subdivision and Zoning Amendment Excerpts
1003.500 MODIFICATIONS TO APPROVED FINAL PLANS. Any modifications to approved
final plans must be reviewed and approved by the City. Applications for
modifications shall be accompanied by the required filing fee(s) as established by
the City Council and set forth in the City Fee Schedule. Changes may be classified
as minor or major modifications and shall be approved according to the following
procedures.
1006.103 Registered Land Surveys. All registered land surveys in the City shall be
processed in the same manner as a combined preliminary and final plat
application. The application for a Registered Land Survey shall comply with all
requirements for a combined preliminary and final plat application and shall be
accompanied by the required filing fee(s) as established by the City Council and
set forth in the City Fee Schedule. In accordance with the standards set forth in
the Subdivision Code for combined preliminary plat and final plat applications,
the Planning Commission shall first approve the arrangement, sizes and
relationships of proposed tracts in such registered land surveys, and tracts to be
used as easements or roads should be so indicated. Unless a recommendation
and approval have been obtained from the Planning Commission and City
Council respectively, in accordance with the standards set forth in the
Subdivision Code, building permits will be withheld for buildings on tracts which
have been so subdivided by registered land surveys and the City may refuse to
take over tracts as streets or roads or to improve, repair or maintain any such
tracts unless so approved.
1101.302 Zoning Administrator – Verification and Appeal of Zoning Administration
Decisions.
(1) Interested parties may request a Zoning Verification Letter from the Zoning
Administrator verifying the application of specifically identified City Code
requirements to a particular property. Any request for a Zoning Verification Letter
shall be accompanied by the required filing fee(s) as established by the City Council
and set forth in the City Fee Schedule.
(2) Any order, requirement, decision or determination of the Zoning Administrator may
be appealed to the Board of Adjustments and Appeals under the provisions of
Subsection 1109.300.
(Ord. Amd. 117-16, publ. 09/16/2017)
1106.712 Fees and Reimbursements for City Costs. The fee(s) for a PUD shall be
established set by the City Council and be set forth in the City Fee Schedule. Such
fees shall include but not be limited fees for filing and amending a PUD.
Reimbursements for City costs, including engineering, consulting and legal fees,
shall also be applied to PUD applications and enforcement.
1107.1302 Application: Application for a sign permit shall be made in writing on the forms
furnished by the City. The application shall be accompanied by the required filing
fee(s) as established by the City Council and set forth in the City Fee Schedule.
The application shall contain the following information:
Name, address and telephone number of the property owner, the owner of
the sign if applicable, and the company or individual who is providing and
installing the sign.
Address and legal description of the property where the sign will be located.
A copy of the Sign Plan.
Other pertinent information as may be required by the Zoning
Administrator.
The permit application shall be signed by the applicant. When the applicant is any
person other than the owner of the property, it shall be signed by the owner of the
property.
1107.2105 Tree Preservation Permit Process.
(1) Application. Application for approval of a tree preservation plan shall be
made in writing to the Zoning Administrator. The application shall be
accompanied by the required filing fee(s) and/or security deposit as
established by the City Council and set forth in the City Fee Schedule. Thise
application may be made separately or may be included as part of a
development application. Information to be included in the application
includes at least the following:
a. A Tree Preservation Plan exhibiting a stamp/certification and signature
of the certified forester, arborist, or landscape architect. The Tree
Preservation Plan shall be prepared at the same scale as the proposed
development plan and shall show the following:
Survey location of all significant trees;
A significant tree summary sheet identifying the species of all
significant trees located on the map;
Identification of critical root zones extending from trees located
on adjacent tracts, including the location and species of the trees;
A table of area sizes for the following:
Existing site area, floodplain area, and forest area.
Proposed areas of tree retention.
Proposed areas of tree removal.
Proposed areas of reforestation and afforestation.
A graphic delineation of the following areas:
Proposed significant tree retention areas.
Proposed afforestation and reforestation areas.
Proposed limits of disturbance.
Steep slopes of twenty-five (25) percent or more;
Wetlands, including any required buffers;
Topographic contours and intervals;
Such other information that the City determines is necessary to
implement this chapter.
b. A simplified Tree Preservation Plan may be submitted where trees do
not currently exist on the site or where existing trees will not be cut,
cleared, or graded for the proposed development, and where adequate
tree protection devices and long-term agreements are established for
the protection of existing significant trees. This simplified plan may be
included on the “Existing Conditions Survey” required as part of the
preliminary plat.
1108.205 Application for a Conditional Use Permit. An application for a Conditional Use
Permit shall be on a form provided by the City which shall include the name,
address and telephone number of the applicant, the name, address and telephone
number of the property owner, and the Use District(s) in which the CUP is proposed
to be located. The application shall be accompanied by the required filing fee(s)
as established by the City Council and set forth in the City Fee Schedule. The
application shall also be accompanied by the following information:
(1) A general development plan including the following:
Site conditions and existing development on the subject property and
immediately adjacent properties.
The proposed use of all areas of the site.
The proposed density, type, size and location of all dwelling units, if
dwelling units are proposed.
The general size, location and use of any proposed nonresidential buildings
on the site.
All public streets, entrance and exit drives, and walkway locations.
Parking areas.
Landscaped areas.
Parks and open spaces, public plazas and common areas.
Site dimensions.
Generalized drainage and utility plans.
Any other information the City may request to determine whether the
proposed project meets the requirements of this subsection.
(2) Summary sheets which include the following:
Proposed densities, ground floor areas, and floor area ratios.
Acreage or square footage of individual land uses on the site.
All proposed modifications of district regulations being requested.
(3) Generalized phasing plan for the project, including the geographical sequence of
construction and the number of dwelling units or square footage of nonresidential
property to be constructed in each phase.
(4) A map or plat showing the lands proposed for the conditional use permit and all
lands within 350 feet of the boundaries of that property and the names and
addresses of the owners of the lands in the area as they appear on the records of
the County Auditor of Scott County or other appropriate records.
1108.207 Conditions and Modifications. The Planning Commission may impose
reasonable conditions on any Conditional Use Permit and may, at any time, on its
own initiative or upon application by the property owner, modify the conditions of
an existing Conditional Use Permit as changing circumstances warrant. No
modification of an existing Conditional Use Permit may be made until a public
hearing has been held by the Planning Commission in the manner outlined in
Subsection 1109.200 except that minor amendments, as defined below, shall
require only notice to the holder of the Conditional Use permit and approval of the
Planning Commission. An application for an amendment to a Conditional Use
Permit shall be accompanied by the required filing fee(s) as established by the City
Council and set forth in the City Fee Schedule.
1108.410 Payment of Fees. No application for a Variance, appeal from the decision of the
Board of Adjustment on a Variance decision, or application for an extension of a
Variance will be considered until the applicable fees, as established by the City
Council and set forth in the City Fee Schedule, have been paid.
1108.507 Fees For Rezoning and Amendments to the Text. No application for change in
the boundaries of any Use District or for change in the text of the Zoning Ordinance
shall be filed until the person making the request has paid the fee which has been
establishedset by the City Council and set forth in the City Fee Schedule. If the
City Planning Commission initiates proceedings for rezoning and text
amendments, the Council may require that such payment be made by owners of
property involved before making any change.
1108.903 Application for Site Plan Review. An application for a Site Plan Review shall be
on a form provided by the City and shall include the name, address and telephone
number of the applicant, the name, address and telephone number of the property
owner, and the Use District(s) in which the property is located. The application
shall be accompanied by the required filing fee(s) as established by the City
Council and set forth in the City Fee Schedule. The application shall also be
accompanied by the following information:
A certificate of survey of the property;
A detailed site plan based on the current survey. The site plan must include
the following information:
Site dimensions
Site conditions and existing development on the subject property and
immediately adjacent properties.
The proposed use of all areas of the site.
The proposed density, type, size and location of all dwelling units, if
dwelling units are proposed.
The general size, location and use of any proposed nonresidential
buildings on the site.
All public streets, entrance and exit drives, and walkway locations.
All parking areas.
Trash enclosures.
Outdoor mechanical equipment.
Landscaping Plans, including irrigation plans.
A tree inventory and tree preservation plan.
Lighting plans showing all outside and building exterior lighting.
Signage Plans.
Grading and erosion control plan, including stormwater drainage
calculations.
Utility plans.
A fire protection plan identifying fire lanes, hydrant locations, post indicator
valves and Siamese connections.
Building plans, including exterior wall elevations, exterior building materials
and cross section floor layouts.
Any other information the City may request to determine whether the
proposed project meets the requirements of this subsection.
Summary sheets which include:
Proposed densities, ground floor area and floor area ratios.
Acreage or square footage of individual land uses on the site.
1108.1002 Process. Two steps must occur before an Interim Use can occupy a property.
The first step requires the City Council to designate a particular Use allowable in
a specified Use District as an Interim Use. The second step requires the
application for and approval of an Interim Use Permit.
(1) Designation of Interim Use. An Interim Use may be designated by the City
Council in the same manner as a Zoning Ordinance Amendment.
(2) Application for Interim Use Permit. The procedures for applying for an
Interim Use Permit, the required exhibits, and the criteria for granting an
Interim Use shall follow the process for Conditional Use Permits, as set out
in Section 1108.200. The application for an Interim Use Permit shall comply
with all requirements for a Conditional Use Permit and shall be
accompanied by the required filing fee(s) as established by the City Council
and set forth in the City Fee Schedule.
(3) Limited Application. Interim Uses shall only be allowed in extraordinary
circumstances and in response to a need that benefits the overall
community. The issuance of an Interim Use Permit does not confer upon
the property owner and vested right.
(4) Permit. The City Council may grant an Interim Use Permit for the interim
use of property if:
• The use conforms to (is allowed in) the zoning district;
• The date or event that will terminate the use can be identified with
certainty;
• Permitting the use will not impose additional costs on the city if it is
necessary for the city to take the property in the future; and
• The permittee agrees in writing to any conditions that the city council
deems appropriate for permission of the use.
(5) Assent Form. An Interim Use Permit requires the applicant to sign an
assent form and any approved exhibits which acknowledge the terms and
conditions under which the Interim Use Permit is granted. The applicant
thereby agrees to observe and be bond by the terms and conditions set
forth.
(6) Permit Termination. An Interim Use Permit shall expire or be terminated
by:
• A change in zoning regulations, which prohibits the use.
• The date of event(s) stated in the permit.
• Upon a violation of any condition under which the permit was issued.
(7) Permit Review. An Interim Use Permit must be reviewed annually by staff,
but may be reviewed at any time if the Council is of the opinion that the
terms and conditions of the permit have been violated or if one (1) of the
criteria for termination has been met.
(8) Permit Extension. The City Council shall have the right to extend the
termination date for such additional periods as are consistent with the terms
and conditions of the original permit, but in no event beyond ten (10) years.
Ord. Amd. 109-06, publ. 06/06/09
1108.1100 VACATION. An application for the vacation of a City street, right-of-way or
easement shall be on a form provided by the City and shall include the name,
address and telephone number of the applicant, the name, address and telephone
number of the property owner, surveys showing the property and requested
vacation, legal description of the property to be vacated, and all other information
requested by the City. The application shall be accompanied by the required filing
fee(s) as established by the City Council and set forth in the City Fee Schedule.
Administrative
City of Prior Lake
113/p1
SECTION 113
FEE SCHEDULE
DEVELOPMENT/SUBDIVISION FEES:
Administration Fee on Development Agreements 4.0%
Administrative Charge for No-Notice to Commence Construction for
Utility Connections
$100.00
Administrative Plat Fee $255.00
CIC Plat Fee $255.00
Construction Observation and Professional Service EscrowFee on
Development Agreements
Minimum of 5.0% or
such larger amount as
desired by the developer
Concept Plan $255.00
Escrow for Preliminary and Final Plats
3 lots or fewer $1,000.00
4 - 10 lots $2,500.00
11 or more lots $5,000.00
Final Plat Application Fee $255.00 + $10/lot
Final Plat Major Modification $205.00
Park Dedication Fee
Residential $3,750.00 / unit
Commercial/industrial $6,400.00 / ac.
P.U.D. (prelim) $780.00
P.U.D. (final) $505.00
P.U.D. Minor Amendment $255.00
P.U.D. Major Amendment $630.00
Preliminary Plat Application Fee $530.00 + $15/lot
Preliminary/Final Plat Combination Fee $530.00 + $15/lot
Registered Land Survey $280.00
Subdivision Exception Fee $530.00
UTILITY DEVELOPMENT FEES:
Trunk Sewer Acreage Charge $4,450.00 / ac.
Trunk Water Acreage Charge $7,506.00 / ac.
Trunk Stormwater Acreage Charge
Low density residential (R1,R2) $4,085.00 / ac.
High density residential (R3) $6,735.00 / ac.
Commercial/industrial $8,462.00 / ac.
Trunk Line Availability Charge - Sanitary Sewer (AKA Connection
Charge)
$9,000.00
Trunk Line Availability Charge - Water (AKA Connection Charge) $9,000.00
Administrative
City of Prior Lake
113/p2
UTILITY CONNECTION AND PERMIT CHARGES:
Sewer Connection Charge $878.00
Water Connection Charge $1,180.00
MCES Direct Interceptor Connect Permit Review Charge $1,000.00
MCES Metro Sewer Availability Charge $2,485.00
Water Tower Charge $1,510.00
Water Permit
Industrial, commercial, multi-residential 1.0% of cost (25.50
min.)
Residential $30.50
Sewer Permit
Industrial, commercial, multi-residential 1.0% of cost (25.50
min.)
Residential $30.50
UTILITY RATES AND CHARGES:
Minimum Charge for Water $2.50 per billing cycle
Minimum Charge for Sewer $2.50 per billing cycle
Water Rate $4.81/1000 gals. 1st
25,000 gals.
Water Rate $6.63/1000 gals. above
25,000 gals.
Sewer Rate (City) $3.39/1,000 gals.
Intergovernmental Utility Rates:
Sewer (City) Cost per Agreement
Water Cost per Agreement
Sewer Rate - for users connected to the Municipal Sewer System but not
the Municipal Water System
$25.00 per billing cycle
Met Council Sewer Rate (MCES) - in addition to City Sewer Rate $2.81/1000 gals.
Bulk Water Charge $5.00/1000 gals.
Prepaid Card Initial/Replacement Fee (for bulk water) $5.00
Bulk Water Meter Rental
Administrative Fee $100.00
Meter Deposits < 1 1/2 inch - $500.00
>or = 1 1/2 inch -
$1,500.00
Storm Water Charge $15.06 (residential) /
$43.02 acre
Capital Facility Charge 10.00/billing cycle
Water Meter - residential 5/8" cost plus 15%
Pressure Reducer cost plus 15%
Administrative
City of Prior Lake
113/p3
Frost Plates $7.50
Meter Testing Costs Actual cost
Delinquent Utility Account - Door Hanger Charge $25.00
Water Shut-off Charge (Day/Night) $45.00/$95.00
Water service thawing 1st time – no charge All
subsequent times – actual
cost
Odd-Even Sprinkling Ban Penalties:
First Offense Warning
Second Offense $50.00
Third Offense $100.00
Each Subsequent Offense Shall Double from the
Prior Offense
Meter Tampering Penalty $100.00
PERMITS:
Building Permit Per City Code Section
401.300
Building Permit Technology Charge $5.00 per permit
Change of Occupancy Permit $45.00
Commercial Contractor's Deposit (Escrow prior to Certificate of
Occupancy)
110% of remaining work
Common Home Improvements Fixed valuation fee
Additions/Decks
Use State Average
Value or use
Contractor/Homeowner
Value, whichever is
greater
Re-roofing $108.00
Re-siding $108.00
Windows $108.00
Lower level finish (2 rooms or less) $200.00
Lower level finish (3 room) $250.00
Lower level finish (4 room) $300.00
Swimming pool (above ground) $201.79
Swimming pool (below ground) $450.16
Driveway Permit (Single-family residential) $35.00
Driveway Permit (Multi-family residential & commercial parking lots
and private streets)
$150.00
Demolition Permit $200.00
Electrical Inspection Per State Electrical
Inspection Fee Schedule
Excavation & Grading Permits & Escrows
Permit for Residential < 1 acre $105.00
Administrative
City of Prior Lake
113/p4
Escrow for Residential >= 1 acre $955.00 / month; $250
minimum
Security for Residential Restoration $2,005 / acre
Escrow for Commercial/Developers $955.00 / month; $250
minimum
Security for Commercial/Developer Restoration $2,005 / acre
Home Occupation Permit $15.00
Letter of Credit (residential building relocation) $5,000.00
Plan Review 65% Building Permit
Fee
Repetitive Plan Review 25% Building Permit
Fee
Reimbursement of Permit Fees for Failure to Initiate Work 80% Building Permit
Fee
Construction Observation - work performed by city appointed outside
consultant
Per Estimate
Structural Review - work performed by city appointed outside consultant Per Estimate
Retaining Wall Structural Review Actual cost
Small Wireless Facility Collocation Agreement Application Fee $1,500.00
Plumbing Permits
Industrial, commercial, multi-residential 1.0% of cost ($49.50
min.)
Residential - new construction (single/two family) $154.50
Residential - additions/alterations $54.50
Mechanical Permits
Industrial, commercial, multi-residential 1.0% of cost ($49.50
min.)
Residential - heating/air (single/two family) $154.50
Residential - gas fireplaces $54.50
Residential - additions/alterations $54.50
Moving Permit $55.00
Residential Contractor's Deposit $2,500.00
Short Term Rental Permit $205.00
Sidewalk Sales Permit $105.00
Tree Deposit $100 per inch of
required replacement;
minimum $500
Right-of-Way Permit and Telecommunications User Registration
Yearly Registration Fee for Online Program – paid by each applicant
with the first Right-of-Way Permit they obtain each year
$30.00
Right of Way Permit (waived for companies with franchise
agreements with City)
$250.00
Delay Penalty $100.00 per day
Administrative
City of Prior Lake
113/p5
Right of Way Security Boulevards (waived for companies with
franchise agreements with City)
$500.00
Right of Way Security Streets 125% of restoration
estimate
Telecommunications User Registration Fee $255.00
Failure to Obtain Right-of-Way Permit or Failure to Register N/A
Water Tower Access Permit N/A
Short Term Rental Permit N/A
SERVICE CHARGES:
Assessment Search $25.00
Customer Lists (annual charge) $55.00
Administrative Fee for Assessment of Delinquent Charges $60.00
Erosion and Sediment Control or Cleanup (gravel driveways, private
property erosion, etc.)
1) Street
sweeping - $155.00/hr.
(Min. $150.00)
2) Other
methods – Actual cost
Late License Processing Charge $55.00
Merchant Fees for Debit/Credit Card Payments - All Services Paid by Customer
NSF Charge $30.00
Plumbing Registration $30.00
Public Works Contracted Service $36/ hour
Public Works Contracted Service Overtime $60/ hour
Recurring autopayments/ACH completed through online service provider Paid by Customer
Street Overlay/Resurfacing Assessment $1,266 /Residential
Equivalent Density Unit
(RED) - 5.53% increase
based on Construction
Cost Index
POLICE, FIRE & RESCUE SERVICE CHARGES:
Burning Permit $40.00
False Alarms (effective upon 4th false alarm each year) $100.00 / $150.00 /
$200.00 / $250.00
Police Accident Reports $5.00
Police Contracted Rate $93/ hour
LIQUOR LICENSES:
On Sale Intoxicating - Club $650.00
Consumption & Display License (Temporary) $25.00
Consumption & Display License $550.00
Off Sale Intoxicating $380.00 w/100.00 credit
available for training
Administrative
City of Prior Lake
113/p6
Off Sale 3.2 Malt Liquor $100.00
On Sale Intoxicating $6,600.00
On Sale 3.2 Malt Liquor $500.00
On Sale Sunday Liquor $200.00
Temporary On Sale & Temporary On Sale 3.2 Malt Liquor (1-3 days) $75.00
On Sale Wine License $2,000.00
Investigation Fee - On/Off Sale Intoxicating $500 min./actual cost up
to $10,000 max.
Investigation Fee - On Sale 3.2 Malt Liquor $100.00
Investigation Fee - Off Sale 3.2 Malt Liquor $50.00
Refund Retainage Fee - On Sale Intoxicating $400.00
Late Fee for License Renewals $50.00
On-Sale Malt Liquor Brewer Taproom $650.00
Off-Sale Malt Liquor Small Brewer (Growler) $200.00
On-Sale Malt Liquor Brew Pub $650.00
Off-Sale Malt Liquor Brew Pub (Growler) $200.00
MISCELLANEOUS LICENSES & PERMITS:
Animal License (Cats and Dogs)
Spayed/Neutered Pets $20.00
Non-Spayed/Neutered Pets $30.00
Temporary Gambling Permit $40.00
Gambling Premise Permit $105.00
Cigarette License $255.00
Community Event Application $50/$100
Community Event Costs 100% cost recovery
Community Event Costs: Co-Sponsored % of cost recovery as
determined by City
Manager
Dog Boarding Fees $15.00
Dog Impoundment Fines 1st licensed/unlicensed -
$30.00/$55.00
2nd offense - $55.00
3rd offense - $105.00
Dangerous Dog Annual Registration $55.00
Fireworks Application $100/display
Kennel License $55.00
Massage Therapy License $105.00
Investigation Fee actual cost up to $500
max.
Administrative
City of Prior Lake
113/p7
Public Private Gathering Event Permit $30.00
Refuse Haulers License 1st truck - $255.00
each additional truck -
$50.00
Peddler's Permit application $50.00
Taxi Cab License $105.00/$55.00 each
additional cab
Golf Cart Permit $30.00
Special Hunting Permit $50.00
PARK FACILITY RENTALS:
Boat slip rental
Resident/non-resident-weekday (Monday noon through Friday 10:00
a.m.)
$70.00/$90.00
Resident/non-resident-weekend (Friday noon through Monday 10:00
a.m.)
$85.00/$115.00
Seasonal $3,500/boat slip
Non-refundable cancellation fee for seasonal boat slip rental $350.00
Canoe/Kayak Rack rental (Sandpoint) - Seasonal (05/01 - 09/30)
Resident $60.00
Non-Resident $150.00
Community Garden (05/01 - 10/31) Rental - Resident/Nonresident: Cost Per Agreement
Lakefront Park Pavilion Rental (includes Gazebo):
Monday - Thursday:
Resident Group (private) $150.00/day, $150.00
damage deposit
Non-Resident* Group (private, public or business) $300.00/day, $150.00
damage deposit
Friday - Sunday:
Resident Group (private) $300.00/day, $300.00
damage deposit
Non-Resident* Group (private, public or business) $450.00/day, $300.00
damage deposit
*Outside of corporate city limits of Prior Lake
Picnic Shelter/Band Shell (Community Parks)
Resident/non-resident $80.00 - $130.00/day
Prior Lake Lions Club (Sand Point Beach Only) No Charge
School District #719, Youth Organizations, Non-Profit Civic Groups,
Churches and
Governmental Agencies No Charge - Monday
through Friday
Other:
Park Facility Reservation Change/Cancel Fee (Lakefront Park
pavilion only) (Resident/Non-resident)
$55.00
Administrative
City of Prior Lake
113/p8
Park Facility Reservation Change/Cancel Fee (All other shelters, Boat
Slips, Canoe/Kayak Rack)
$30.00
CITY FACILITY RENTALS:
Facility Usage Fee (City Hall, Beaches, Main St., Athletic facilities)
Resident/Non-resident
$300/$450/day, Clean-
up fee, if needed
Athletic Tournament Fee (Resident/Non-resident) $300/$450/per
tournament
Fire Station, City Hall Conference Room-Parkview and Council –
Resident/Non-resident
Clean-up fee, if needed
FIELD RESERVATIONS:
Field Reservations (with maintenance services) Cost Per Agreement
Field Reservations (no maintenance services) $50/$100 per field, per
day
Field Striping
Initial Layout $0.20/ft.
Restripe $0.06/ft.
Field Lighting $20 per hour, per field
SOFTBALL TOURNAMENTS: Cost Per Agreement
RECREATION AND CLUB PRIOR PROGRAMS Cost Per Agreement
Registration late fee (registrations received after the deadline) $10.00/registration
Adult Sports Programs Cost Per Agreement
Classes $3-$40/person/class
Community Events Free
Youth Camps $15-$160/week/camp
Youth/Senior Trips Cost Per Agreement
Late Pick Up Fee $1/minute, per child
after 10 minute grace
period
PARK PERMITS
Daily Admission (Sand Point Beach) $5.00/day
Barricades (minimum 2 barricades) $13.00 / barricade
Garbage Barrels (minimum 2 barrels) $13.00 / barrel
Picnic Table Moves (minimum 4 tables) $18.00 / table
ZONING/SUBDIVISION FEES:
Administrative Plat Fee $255.00
CIC Plat Fee $255.00
Administrative
City of Prior Lake
113/p9
Comprehensive Plan Amendment $555.00
Concept Plan $255.00
Conditional Use Fee $530.00
Conditional Use Major Amendment $280.00
Fence Permit n/c
Final Plat Application Fee $255.00 + $10/lot
Final Plat Major Modification $205.00
Interim Use Permit $530.00
Home Occupation Permit $15.00
Letter of Credit (residential building relocation) $5,000.00
Metes & Bounds Subdivision $255.00
P.U.D. (prelim) $780.00
P.U.D. (final) $505.00
P.U.D. Minor Amendment $255.00
P.U.D. Major Amendment $630.00
Preliminary Plat Application Fee $530.00 + $15/lot
Preliminary/Final Plat Combination Fee $530.00 + $15/lot
Registered Land Survey $280.00
Rezoning $555.00
Sidewalk Sales Permit $105.00
Sign Permit (permanent) - Single Tenant Buildings $80.00 - 1st 40 sq. ft.
plus .50/sq. ft. thereafter
Sign Permit (permanent) - Multiple Tenant Buildings $80.00 - 1st 40 sq. ft.
plus .50/sq. ft. thereafter
Sign Permit (temporary) $55.00
Site Plan $255.00
Tree Preservation Lot Deposit $100 per inch of
required replacement;
minimum $500
Vacation Fee $305.00
Variance Application or Extension Fee $530.00
Zoning Code Amendment $505.00
Zoning Appeal (Administrative & Planning Commission) $305.00
Zoning Verification Letter $40.00
ZONING PERMITS:
Fence Permit n/c
Sign Permit (permanent) - Single Tenant Buildings $80.00 - 1st 40 sq. ft.
plus .50/sq. ft. thereafter
Sign Permit (permanent) - Multiple Tenant Buildings $80.00 - 1st 40 sq. ft.
Administrative
City of Prior Lake
113/p10
plus .50/sq. ft. thereafter
Sign Permit (temporary) $55.00
Tree Preservation Lot Deposit $100 per inch of
required replacement;
minimum $500
MUNICIPAL FINANCING APPLICATION FEES:
Annexation Filing Fee (plus city expenses) $500.00
Bond Administration fee (new money) The greater of $10,000
or .5% of the principle
amount of the bonds
allocated to the city.
Bond Administration fee (refunding) The greater of $10,000
or .25% of the principle
amount of the bonds
allocated to the city.
Conduit bond financing origination fee and annual reporting
Non-Refundable application fee $2,500.00
TIF Application Fee (plus additional city expenses incurred) $5,000.00
TIF Reassignment Cost
PUBLICATIONS: (many are available online at no charge)
Comprehensive Utility Plans (each) $30.00
Public Works Design Manual $15.00
MAPS: (many are available online at no charge)
Aerial Maps (small/regular/large) $10.00 / $15.00 / $20.00
City Maps (small/regular/large) $7.50 / $10.00 / $15.00
GIS data files (cd format)
2-ft contours, planimetric data $12.00/ac.
parcels only $.05/parcel
custom data $50.00/hr.
Plan Copies (regular/large) $10.00 / $15.00
Developers will be given 1 set of S&W as-builts at no charge-add'l
prints will be charged above rate
Topo Maps (small/regular/large) $15.00/ $20.00 / $30.00
MISCELLANEOUS:
Copy charge per 8 1/2 x 11 page in accordance with MN Government
Data Practices Act
$.25 ea.
Charge for compiling data in accordance with MN Government Data
Practices Act
Actual Cost
DVD/VHS copies $5.00
Administrative
City of Prior Lake
113/p11
Lost key cards (external meeting room users only) $5.00
Flash Drive Cost
Any failure to obtain required permit/license/approval/registration for
project/work/activity/business
Double the Stated Fee
Memorial benches: 6' metal coated $1,500.00
Memorial plaques $225.00
Memorial plaque stand $75.00
Memorial trees $300.00
Sand bags Actual cost
Street standard plates (cd format) $10.00
Wetland marker signs $10.00
Wetland Conservation Act (WCA) application fee $150.00
Wetland field estimate $250.00
Wetland Conservation Act (WCA) administration Actual Cost
Amd. Ord. 113-13, publ. 12/14/13
Amd. Ord. 114-10, publ. 05/17/14
Amd. Ord. 115-01, publ. 01/17/15
Amd. Ord. 115-14, publ. 06/05/15
Amd. Ord. 115-22, publ. 08/22/15
Amd. Ord. 115-27, publ. 01/02/16
Amd. Ord. 116-11, publ. 05/09/16
Amd. Ord. 116-23, publ. 12/17/16
Amd. Ord. 117-04, publ. 04/01/17
Amd. Ord. 117-14, publ. 07/29/17
Amd. Ord. 117-20, publ. 12/09/17
Amd. Ord. 118-09, publ. 07/21/18
Amd. Ord. 116-02, publ. 03/05/16 Amd. Ord. 118-21, publ. 12/15/18
(This Space Intentionally Blank
For Future Amendments)
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. _________
AN ORDINANCE AMENDING SECTION 1002 OF THE PRIOR LAKE CITY CODE
RELATING TO PROCEDURES FOR FILING AND REVIEW OF SUBDIVISIONS AND
ADOPTING BY REFERENCE CITY CODE SECTION 104; WHICH, AMONG OTHER
THINGS, CONTAINS PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
Section 1. City Code Section 1002.101 is amended by deleting from the first sentence the
words “, but not limited to” and replacing them with the words “all of”.
Section 2. City Code Section 1002.201 is amended by inserting into the second sentence
the words “all of” after the words “accompanied by” and deleting from the
fifth bullet point the word “variances” and replacing it with the word
“exceptions”.
Section 3. City Code Section 1002.301 is amended by inserting into the second sentence
the words “all of” after the words “accompanied by” and inserting into the
third bullet point the words “and set forth in the City Fee Schedule” at the end
of the sentence.
Section 4. City Code Section 1002.304 is amended by deleting the first sentence in its
entirety and replacing it with the following: “When there are any preexisting
special assessments which have been levied prior to approval of the final plat
against any of the property described in the final plat, the special assessments
shall either be paid in full before the final plat is released or shall be divided
and allocated to the respective lots in the final plat.”
Section 5. City Code Section 1002.306 is amended by deleting the fifth sentence in its
entirety.
Section 6. City Code Section 1002.401 is amended by inserting into the second sentence
the words “all of” after the words “accompanied by”.
Section 7. City Code Section 1002.407 is amended by deleting the first sentence in its
entirety and replacing it with the following: “When any preexisting special
assessments which have been levied prior to approval of the combined
preliminary and final plat against any of the property described in the plat, the
special assessments shall either be paid in full before the plat is released or
shall be divided and allocated to the respective lots in the plat.”
Page 2 of 5
Section 8. City Code Section 1002.500 is deleted in its entirety and replaced with the
following:
1002.500 CIC PLATS. CIC Plats shall require both preliminary and final plat
approval and shall be processed according to the procedures listed in
Subsections 1002.200 and 1002.300 of the Subdivision Code. The
applications for a CIC Plat shall comply with all requirements fo r a
preliminary and final plat respectively and shall be accompanied by the
required filing fee(s) as established by the City Council and set forth in
the City Fee Schedule.
Section 9. City Code Section 1002.700 is deleted in its entirety and replaced wit h the
following:
1002.700 PREMATURE SUBDIVISIONS. A subdivision shall be deemed premature if
any of the following exist:
(1) Lack Of Adequate Drainage. A proposed subdivision lacks adequate drainage if
any of the following exist:
➢ Surface or subsurface water retention and runoff is such that it constitutes
a danger to the structural integrity of the proposed structures or other
nearby structures.
➢ The proposed site grading and subdivision will cause pollution of water
sources or damage from erosion and siltation on downhill or downstream
land.
➢ Storm trunk facilities and/or regional ponding facilities that will serve the
proposed subdivision have not yet been constructed.
(2) Lack Of Adequate Water Supply. A proposed subdivision lacks an adequate
water supply if, when developed to its maximum permissible density, the
proposed subdivision does not have adequate sources of water to serve the
proposed subdivision without causing an unreasonable depletion of existing water
supplies for surrounding areas.
(3) Lack Of Adequate Roads Or Highways. A proposed subdivision lacks
adequate roads or highways if any of the following exist:
➢ Roads or highways which serve the proposed subdivision are of such a
width, grade, stability, vertical and horizontal alignment, site distance or
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, said roads or
highways are inadequate for the intended increased use.
➢ The traffic volume generated by the proposed subdivision would decrease
the level of service on roads or highways existing at the time of the
application or proposed for completion within the next two (2) years.
Page 3 of 5
Level of service is a description of traffic conditions along a given roadway
or at a particular intersection. The level of service ranges from "A" (free flow
of traffic with minimum intersection delays) to "F" (forced flow, jammed
intersections, long delays). It generally reflects factors such as speed, travel
time, freedom to maneuver, traffic interruptions and delays.
➢ The road infrastructure, including but not limited to signals, turn lanes and
medians, needed to serve the proposed subdivision have not been
constructed or are in a condition that is insufficient to support the proposed
subdivision.
(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 are inadequate lines or 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 if the subdivision is inconsistent
with the purposes, objectives and recommendations of the adopted
Comprehensive Plan of the City of Prior Lake. Proposed subdivisions that are not
in areas consistent with the criteria for allocation of MUSA reserve shall be
deemed inconsistent.
(6) Lack of Public Service Capacity. A proposed subdivision lacks public service
capacity if 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 at an increased level needed to serve the proposed
subdivision within the next two (2) years.
(7) Inconsistency With Capital Improvement Plans. A proposed subdivision is
inconsistent with capital improvement plans if improvements and/or services
necessary to accommodate the proposed subdivision have not been programmed
in the City of Prior Lake, Scott County or other regional Capital Improvement
Plans for construction within the next two (2) years. The City Council may waive
these criteria when it can be demonstrated that a revision to the City capital
improvement plan can be accommodated.
(8) Lack of Adequate Regional Service. A proposed subdivision lacks adequate
regional service if any of the following exist:
➢ Regionally controlled metropolitan sanitary sewer interceptors or waste
water treatment facilities are classified as having inadequate capacity to
provide service within the standards of recognized public health and
safety.
➢ Regional transportation systems are deemed inadequate to provide service
levels within standards of recognized public safety.
Page 4 of 5
➢ 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.
1002.701 Burden of Establishing. The burden shall be upon the subdivider to show
that the proposed subdivision is not premature.
1002.702 Process Used to Define a Premature Subdivision.
(1) Application. Upon receipt of an application for a subdivision, the City staff will
review the application based on the criteria listed in Subsection 1002.700 of the
Subdivision Code to determine if the proposed subdivision is premature.
(2) Notification. If the staff finds a subdivision premature under the criteria listed in
Subsection 1002.700 of the Subdivision Code, the subdivider will be notified of
the staff’s findings in writing within 15 business days of receipt of a complete
application. This notification shall constitute denial of the application.
(3) Appeal. Any owner of affected property or any affected subdivider may appeal
the staff finding of a premature subdivision to the City Council. The appeal must
be in writing and must be filed with the Community Development Department
within 5 calendar days after the date of the written notification of the decision.
The required fee, as set by the City Council in the City Fee Schedule, shall be
paid when the appeal request is filed. The Community Development Department
shall set a date for an appeal 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 (10) days nor more than thirty
(30) days prior to the hearing to all owners of property within five hundred feet
(500') of the property included in the request. Failure of a property owner to
receive said notice shall not invalidate any such proceedings. The City Council
shall hear the appeal within 60 days of the filing of the appeal unless that period is
extended with consent of the appellant. The City Council shall render a decision
within 30 days of the conclusion of the appeal hearing.
Section 10. City Code Section 1002.800 is deleted in its entirety and replaced with the
following:
1002.800 REGIONAL SYSTEM SERVICE INADEQUACIES
1002.801 Existing Conditions. A building permit within an approved final plat may be
deemed as premature development if any of the following exist:
➢ Regionally controlled metropolitan sanitary sewer interceptors or waste
water treatment facilities are classified as having inadequate capacity to
provide service within the standards of recognized public health and
Page 5 of 5
safety.
➢ The courts or other government entities with authority 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.
1002.802 City Liability Exemption. The City shall be exempt from any liability
associated with building permit denial based upon factors and conditions
related to regional governmental agency and unit jurisdictions and related
service inadequacies.
Section 11. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by
reference, as though repeated verbatim herein.
Section 12. This ordinance shall become effective upon its passage and publication.
Passed by the City Council of the City of Prior Lake this 17th day of June 2019.
ATTEST:
_________________________ __________________________
Michael Plante, City Manager Kirt Briggs, Mayor
Published in the Prior Lake American on the 22nd day of June 2019.
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. _________
AN ORDINANCE AMENDING SECTION 1005 OF THE PRIOR LAKE CITY CODE
RELATING TO REQUIRED IMPROVEMENTS AND CHARGES AND ADOPTING BY
REFERENCE CITY CODE SECTION 104; WHICH, AMONG OTHER THINGS, CONTAINS
PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
Section 1. City Code Section 1005 is deleted in its entirety and replaced with the
following:
SECTION 1005
REQUIRED IMPROVEMENTS AND CHARGES
SUBSECTIONS:
1005.100: GENERAL PROVISIONS
1005.200: MONUMENTS
1005.300: PUBLIC IMPROVEMENTS
1005.400: DEDICATIONS
1005.500: SANITARY SEWER AND WATER CHARGES
1005.600: STORMWATER CHARGES
1005.700: EXEMPTIONS
1005.800: PUBLIC UTILITIES
1005.900: TREES REQUIRED FOR NEW SUBDIVISIONS
1005.1000: TOPSOIL AND SODDING
1005.1100: CABLE INSTALLATION
1005.100 GENERAL PROVISIONS
1005.101 Assessment Policy. The City of Prior Lake Special Assessment Policy is hereby
adopted and incorporated into this Subdivision Code by reference as if fully set
forth. The Policy shall not apply to assessments which are imposed in connection
with subdivision of property, which shall be governed by agreement with the
subdivider and property owner.
1005.102 Development Agreement. Before a final plat is signed by the City, the
subdivider shall enter into the City's standardized Development Agreement, as
modified with approval of the City Council, setting forth the conditions under
which the plat is approved.
Page 2 of 8
1005.103 Fees and Escrows.
(1) Administrative Fee on Development Agreements and Escrow for Preliminary and
Final Plats.
a. Preliminary Plat Escrow. In conjunction with the application for
preliminary plat the subdivider shall deposit a cash escrow with the
City as established by the City Council and set forth in the City Fee
Schedule. The City may draw on the escrow for all costs incurred by
the City in relation to administration of the preliminary plat. Any
unused escrow funds shall be applied to the final plat escrow.
b. Final Plat Escrow. In conjunction with the application for final plat the
subdivider shall deposit a cash escrow with the City as established by
the City Council and set forth in the City Fee Schedule. The City may
draw on the escrow for all costs incurred by the City in relation to
administration of the final plat. Any unused escrow funds shall be
applied to the Administrative Fee.
c. Administrative Fee. Before the final plat is signed and released by the
City, the subdivider shall pay to the City the Administrative Fee on
Development Agreements established by the City Council and set
forth in the City Fee Schedule. The Administrative Fee is a non-
refundable fee used to cover costs incurred by the City in relation to
administration of the subdivision and Development Agreement.
d. Abandonment. If, at any time prior to payment of the Administrative
Fee, the subdivider abandons the subdivision by written statement
submitted to the City, the City shall cease work on the subdivision,
draw on the escrow for any final costs incurred by the City, and refund
any remaining escrow funds to the subdivider.
(2) Construction Observation and Professional Service Escrow on Development
Agreements. Before the final plat is signed and released by the City, the
subdivider shall deposit a Construction Observation and Professional Service
Escrow on Development Agreements to the City to be drawn on by the City
for costs incurred in relation to construction observation and professional
services. The City shall refund to the subdivider any escrow funds remaining
after completion of the subdivision.
(3) Additional Costs. Any costs incurred by the City, whether related to
administration of the subdivision and/or Development Agreement or to
construction observation and/or professional services, in excess of the cash
escrows set forth above shall be the responsibility of the subdivider. The City
may invoice the subdivider for such additional costs or the City may provide
notice to the subdivider that the escrow must be replenished. The subdivider
shall pay the invoice or replenish the escrow within 10 days of the date on the
City’s invoice or notice. The City may cease all administration and review of
the subdivision until the invoice is paid or the escrow replenished.
Page 3 of 8
1005.104 Security. Before a final plat is signed and released by the City, the subdivider
shall also furnish the City financial security in the form of an irrevocable letter of
credit or other form of security as approved by the City. The required security
shall be in the amount of one hundred and twenty-five percent (125%) of the
estimated cost of the Public Improvements; in an amount determined by the City
to secure the special assessments for the City installed Public Improvements; or
in some combination of the two. The security shall be in a form and substance
approved by the City Attorney. If the subdivider fails to perform any obligations
under the Development Agreement, the City may apply the security to cure the
default.
1005.105 Warranty/Maintenance Bond. The City shall require the subdivider to submit a
warranty bond in the amount equal to the original cost of the Public
Improvements. The required warranty period for materials and workmanship for
public utilities and streets shall be two (2) years from the date of final
acceptance. The required warranty period for sod, trees and landscaping shall be
one (1) year following acceptance of the landscaping.
1005.106 Reproducible Drawings. Reproducible as-built drawings of all Public
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 (“PWDM”).
1005.200 MONUMENTS.
1005.201 Official Monuments. Official monuments, as designated and adopted by the
County Surveyor's office and approved by the County District Court for use as
judicial monuments, shall be set at each corner or angle on the outside boundary
of the final plat or in accordance with a plan as approved by the City. The
boundary line of the property to be included in the plat shall be fully dimensioned,
all angles of the boundary excepting the closing angle shall be indicated and all
monuments and surveyor's irons shall be indicated. Each angle point of the
boundary perimeter shall be so monumented.
1005.202 Placement. Survey monuments shall be placed at all block and lot corners,
angle points, points of curves in streets or at intermediate points as shall be
required by the City. The monuments shall be of such material, size and length
as required by the City. It shall be the subdivider's responsibility to ensure the
survey monuments are maintained in good order during construction. Proof of the
monumentation shall be in the form of a surveyor's certificate and this
requirement shall be a condition of a certificate of occupancy as provided for in
the Zoning Code.
1005.300 PUBLIC IMPROVEMENTS.
1005.301 Public Improvements. The subdivider is responsible for the installation,
construction and cost of all public improvements required to serve the
Page 4 of 8
subdivision, whether such improvements are located on or off of the subdivided
property (all required public improvements are referred to in this Section as
“Public Improvements”). The City shall determine what improvements are
required to serve the subdivision, including but not limited to the following:
streets, curb and gutter, traffic and street signals and signs, street lights,
medians, and turn lanes; sanitary sewer, water and storm water infrastructure;
site grading and ponding; underground utilities; monuments; sidewalks, trails and
boardwalks; erosion control; wetland improvements and signage; and
landscaping.
1005.302 Method of Installation. The Public Improvements may be constructed and
installed by the subdivider or City in any combination of the following methods.
The method(s) of installation shall be agreeable to the subdivider but shall be
subject to approval of the City in the City’s sole discretion.
(1) Subdivider Build. The subdivider may install or construct some or all of the Public
Improvements.
(2) Special Assessment. The City may, in the City’s sole discretion, install or
construct some or all of the Public Improvements. All costs incurred by the City
related to the installation or construction of the Public Improvements, including
but not limited to costs of a feasibility study, construction and installation costs,
staff time, professional services and legal costs, shall be paid for by the
subdivider. The City and the subdivider shall enter into a special assessment
agreement in which, at a minimum, the subdivider agrees to the assessment,
waives any objection to the assessment, and agrees not to appeal the
assessment.
(3) Deposit. The City may, in the City’s sole discretion, agree that some of the Public
Improvements, though impacted by the subdivision, need not be installed or
constructed immediately. In such cases, the City may agree to accept a deposit
from the subdivider to pay for the subdivider’s portion of the future Public
Improvements. The City and the subdivider shall enter into a deposit agreement
which, at a minimum, shall establish the need for the Public Improvements, set
forth the subdivider’s share of the cost, and address the accounting for and
refund of any excess deposit.
1005.303 City Approval. All Public Improvements shall be constructed and installed in
accordance with the standards and specifications of the City Code and the
PWDM. All subdivider installed Public Improvements shall be subject to the
inspection and approval of the City. The City may draw from the Construction
Observation and Professional Service Escrow on Development Agreements all
costs incurred in relation to inspection of the Public Improvements.
1005.304 Grading Improvements. Subdivision grading will be allowed prior to final plat
approval only if the subdivider complies with this subsection. Prior to any grading,
the subdivider shall 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 PWDM and the requirements for grading, filling and
excavation in Subsection 1101.509 of the Zoning Code. No grading permit shall
be issued prior to City Council approval of the preliminary plat.
Page 5 of 8
1005.400 DEDICATIONS. As a condition of final plat approval, the subdivider shall dedicate
to the City all property encompassing the Public Improvements, property
necessary for public and private connections to the Public Improvements,
property that may be needed for future streets or public utilities, and any other
property or easements required by the City. All dedications shall be in a form
approved by the City and shall be subject to City Attorney approval.
1005.500 SANITARY SEWER AND WATER CHARGES. In accordance with City Code
Section 704 and 705, , a trunk acreage charge and a trunk line availability
charge, both dedicated to the Trunk System Reserve Fund, shall be paid prior to
release of the final plat on all new subdivisions. The purpose of this fund is to pay
for central system improvements, including but not limited to treatment plants and
lift stations, essential for the functional operation of the entire municipal sewer
and water system and to pay for oversized infrastructure between the central
system improvements and the subdivision. The charges shall be based upon the
gross acreage of the subdivision less the acreage to be dedicated to the City for
ponding, parks, wetlands, and road right-of-way necessary for County or State
highways or excess collector street right-of- way. The charges shall be
established by the City Council and set forth in the City Fee Schedule.
1005.600 STORMWATER CHARGES. In accordance with City Code Section 704, a charge
for trunk stormwater improvements, either constructed or to be constructed for
trunk facilities serving the subject property, shall be paid prior to release of the
final plat. 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
road right-of-way necessary for County or State highways or excess collector
street right-of- way. The fee shall be established by the City Council and set forth
in the City Fee Schedule. The subdivision may be given a credit for any on-site
storm water improvement that has been oversized to serve property outside the
subdivision.
1005.700 EXEMPTIONS. Property being replatted shall be exempt from paying the sewer,
water and stormwater charges set forth in Subsections 1005.500, and 1005.600
of the Subdivision Code if the stated charges were paid or assessed in
conjunction with the initial platting of the property or paid or assessed by other
means.
1005.800 PUBLIC UTILITIES.
(1) All public utilities, including, but not limited to, telephone, electric, cable and/or
gas service lines shall be placed underground in accordance with all applicable
City Code provisions. All subdividers are responsible for complying with this
undergrounding requirement and prior to final plat approval shall submit to the
City written instruments from the appropriate right-of-way users showing that all
necessary arrangements with said users for installation of such facilities have
been made.
(2) The subdivider shall provide at least ten (10) business days’ notice of the date
that utility trenches will be open to the utilities that have agreed to serve the
subdivision. When the trenches are open, such utilities shall have two (2)
Page 6 of 8
business days to begin the installation of their cables, and five (5) business days
after beginning installation to complete installation. If a subdivider fails to provide
the required notice, the subdivier shall pay to the City an Administrative Charge
for no notice to commence construction for utility connections as established by
the City Council and set forth in the City Fee Schedule.
1005.900 TREES REQUIRED FOR NEW SUBDIVISIONS. In new subdivisions, trees shall
be planted on each lot. Permitted tree species shall be in accordance with
Subsection 1107.2100 of the Zoning Code. All required trees shall be planted by
the builder prior to issuance of certificate of occupancy. The following tree
specifications shall apply to each platted lot in the proposed subdivision.
1005.901 Required Subdivision Trees.
1. Required: One balled and burlapped street tree will be required per lot
frontage and one balled and burlapped front yard tree will be required per
front yard.
2. Caliper: Each tree must be a minimum of two and one-half inches (2 1/2") in
trunk diameter measured at ground level.
3. Location: Trees shall be planted inside the front property line at a distance of
at least four feet (4’) from the front property line.
4. No required subdivision tree shall be planted inside of any drainage or utility
easement or within a forty-foot (40') clear view triangle on comer lots. The
clear view triangle is the area established for visibility clearance at
intersections. The area of the clear view triangle is defined as follows:
Beginning at the intersection of the projected lot lines of the comer lot, thence
forty feet (40') along one lot line, thence diagonally to a point forty feet (40')
from the point of beginning on the opposite line.
1005.1000. TOPSOIL AND SODDING. The builder shall spread a minimum of four inches (4")
of topsoil over the boulevard, front and side yards. All boulevard, front and side
yard areas shall be sodded except those areas that are landscaped. Such topsoil
and sodding shall be installed by the builder prior to the issuance of a certificate
of occupancy.
1005.1100 CABLE INSTALLATION. In new residential subdivisions in which all the electric
power and telephone utilities are underground, the City may, in its sole
discretion, require that the following procedure apply with respect to access to
and utilization of underground easements:
(1) The subdivider shall be responsible for contacting all Cable Franchise Grantees
(“Grantees”) to ascertain which Grantees desire (or, pursuant to the terms and
provisions of any Franchise Agreement, may be required) to provide Cable
Service to that subdivision. The subdivider may establish a reasonable deadline
to receive responses from Grantees. The final subdivision map shall indicate the
Grantees that have agreed to serve the subdivision.
Page 7 of 8
(2) If one (1) or more Grantees wish to provide service within all or part of the
subdivision, they shall be accommodated in the joint utilities trench on a
nondiscriminatory shared basis. If fewer than two (2) Grantees indicate interest,
the subdivider shall provide conduit to accommodate a minimum of two (2) sets
of cable television cables and dedicate to the City any initially unoccupied
conduit.
(3) The subdivider shall provide at least ten (10) business days’ notice of the date
that utility trenches will be open to the Grantees that have agreed to serve the
subdivision. When the trenches are open, such Grantees shall have two (2)
business days to begin the installation of their cables, and five (5) business days
after beginning installation to complete installation. If a subdivider fails to provide
the required notice, the subdivier shall pay to the City an Administrative Charge
for no notice to commence construction for utility connections as established by
the City Council and set forth in the City Fee Schedule.
(4) The final subdivision map shall not be approved until the subdivider submits
evidence that:
a. It has notified each Grantee that underground utility trenches are to
open as of an estimated date, and that each Grantee will be allowed
access to such trenches, including trenches from proposed streets to
individual homes or home sites, on specified nondiscriminatory terms
and conditions; and
b. It has received a written notification from each Grantee that the
Grantee intends to install its facilities during the open trench period on
the specified terms and conditions, or such other terms and conditions
as are mutually agreeable to the subdivider and Grantee, or has
received no reply from a Grantee within ten (10) days after its
notification to such Grantee, in which case the Grantee will be
deemed to have waived its opportunity to install its facilities during the
open trench period.
(5) Sharing the joint utilities trench shall be subject to compliance with State
regulatory agency and utility standards. If such compliance is not possible, the
subdivider shall provide a separate trench for the cable television cables, with the
entire cost shared among the participating Grantee(s). With the concurrence of
the subdivider, the affected utilities and the Grantees, alternative installation
procedures, such as the use of deeper trenches, may be utilized, subject to the
requirements of federal, state and local laws, regulations, ordinances, and
policies.
(6) Any Grantee wishing to serve an area where the trenches have been closed shall
be responsible for its own trenching and associated costs and shall repair all
property to the condition which existed prior to such trenching.
Section 2. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by
reference, as though repeated verbatim herein.
Section 3. This ordinance shall become effective upon its passage and publication.
Page 8 of 8
Passed by the City Council of the City of Prior Lake this 17th day of June 2019.
ATTEST:
_________________________ __________________________
Michael Plante, City Manager Kirt Briggs, Mayor
Published in the Prior Lake American on the 22nd day of June 2019.
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. _________
AN ORDINANCE AMENDING SECTIONS 113, 1003, 1006, 1101, 1106, 1107, AND 1108
OF THE PRIOR LAKE CITY CODE RELATING TO THE FEE SCHEDULE, SUBDIVISION
AND ZONING APPLICATION REQUIREMENTS AND FEES AND ADOPTING BY
REFERENCE CITY CODE SECTION 104; WHICH, AMONG OTHER THINGS, CONTAINS
PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
Section 1. City Code Section 113 is amended by renaming the “Development Fees”
section as the “Development/Subdivision Fees” section and deleting the newly
renamed Development/Subdivision Fees section and replacing it with the
following:
DEVELOPMENT/SUBDIVISION FEES:
Administration Fee on Development Agreements 4.0%
Administrative Charge for No-Notice to Commence Construction for
Utility Connections
$100.00
Administrative Plat Fee $255.00
CIC Plat Fee $255.00
Construction Observation and Professional Service Escrow on
Development Agreements
Minimum of 5.0% or
such larger amount as
desired by the developer
Concept Plan $255.00
Escrow for Preliminary and Final Plats
3 lots or fewer $1,000.00
4 - 10 lots $2,500.00
11 or more lots $5,000.00
Final Plat Application Fee $255.00 + $10/lot
Final Plat Major Modification $205.00
Park Dedication Fee
Residential $3,750.00 / unit
Commercial/industrial $6,400.00 / ac.
P.U.D. (prelim) $780.00
P.U.D. (final) $505.00
P.U.D. Minor Amendment $255.00
P.U.D. Major Amendment $630.00
Page 2 of 5
Preliminary Plat Application Fee $530.00 + $15/lot
Preliminary/Final Plat Combination Fee $530.00 + $15/lot
Registered Land Survey $280.00
Subdivision Exception Fee $530.00
Section 2. City Code Section 113 is amended by deleting from the “Permits” section the
“Repetitive Plan Review Fee” and inserting into the “Permits” section the
following fees:
Home Occupation Permit $15.00
Letter of Credit (residential building relocation) $5,000.00
Sidewalk Sales Permit $105.00
Section 3. City Code Section 113 is amended by renaming the “Zoning/Subdivision
Fees” section as the “Zoning Fees” section and deleting the newly renamed
Zoning Fees section and replacing it with the following:
ZONING FEES:
Comprehensive Plan Amendment $555.00
Conditional Use Fee $530.00
Conditional Use Major Amendment $280.00
Interim Use Permit $530.00
Rezoning $555.00
Site Plan $255.00
Vacation Fee $305.00
Variance Application or Extension Fee $530.00
Zoning Code Amendment $505.00
Zoning Appeal (Administrative & Planning Commission) $305.00
Zoning Verification Letter $40.00
Section 4. City Code Section 113 is amended by inserting a new section named “Zoning
Permit Fees” to read as follows:
ZONING PERMITS:
Fence Permit n/c
Sign Permit (permanent) - Single Tenant Buildings $80.00 - 1st 40 sq. ft.
plus .50/sq. ft. thereafter
Sign Permit (permanent) - Multiple Tenant Buildings $80.00 - 1st 40 sq. ft.
plus .50/sq. ft. thereafter
Sign Permit (temporary) $55.00
Tree Preservation Lot Deposit $100 per inch of
required replacement;
minimum $500
Page 3 of 5
Section 5. City Code Subsection 1003.500 is amended by inserting after the first sentence
the following new sentence: “Applications for modifications shall be
accompanied by the required filing fee(s) as established by the City Council
and set forth in the City Fee Schedule.”
Section 6. City Code Subsection 1006.103 is amended by inserting after the first sentence
the following new sentence: “The application for a Registered Land Survey
shall comply with all requirements for a combined preliminary and final plat
application and shall be accompanied by the required filing fee(s) as
established by the City Council and set forth in the City Fee Schedule.”
Section 7. City Code Subsection 1101.302 is deleted in its entirety and replaced with the
following:
1101.302 Zoning Administrator – Verification and Appeal.
(1) Interested parties may request a Zoning Verification Letter from the Zoning
Administrator verifying the application of specifically identified City Code
requirements to a particular property. Any request for a Zoning Verification
Letter shall be accompanied by the required filing fee(s) as established by
the City Council and set forth in the City Fee Schedule.
(2) Any order, requirement, decision or determination of the Zoning
Administrator may be appealed to the Board of Adjustments and Appeals
under the provisions of Subsection 1109.300.
Section 8. City Code Subsection 1106.712 is amended deleting the first sentence and
replacing it with the following sentences: “The fee(s) for a PUD shall be
established by the City Council and be set forth in the City Fee Schedule. Such
fees shall include but not be limited fees for filing and amending a PUD.”
Section 9. City Code Subsection 1107.1302 is amended by inserting after the first
sentence the following new sentence: “The application shall be accompanied
by the required filing fee(s) as established by the City Council and set forth in
the City Fee Schedule.”
Section 10. City Code Subsection 1107.2105 is amended by inserting after the first
sentence the following new sentence: “The application shall be accompanied
by the required filing fee(s) and/or security deposit as established by the City
Council and set forth in the City Fee Schedule.”
Section 11. City Code Subsection 1108.205 is amended by inserting after the first sentence
the following new sentence: “The application shall be accompanied by the
required filing fee(s) as established by the City Council and set forth in the
City Fee Schedule.”
Section 12. City Code Subsection 1108.207 is amended by inserting into the second
sentence the words “, as defined below,” after the words “except that minor
Page 4 of 5
amendments” and inserting at the end of the subsection the following sentence
“An application for an amendment to a Conditional Use Permit shall be
accompanied by the required filing fee(s) as established by the City Council
and set forth in the City Fee Schedule.”
Section 13. City Code Subsection 1108.410 is deleted in its entirety and replaced with the
following:
1108.410 Payment of Fees. No application for a Variance or application for an
extension of a Variance will be considered until the applicable fees, as
established by the City Council and set forth in the City Fee Schedule,
have been paid.
Section 14. City Code Subsection 1108.507 is amended deleting the first sentence and
replacing it with the following: “No application for change in the boundaries
of any Use District or for change in the text of the Zoning Ordinance shall be
filed until the person making the request has paid the fee which has been
established by the City Council and set forth in the City Fee Schedule.”
Section 15. City Code Subsection 1108.903 is amended by inserting after the first sentence
the following new sentence: “The application shall be accompanied by the
required filing fee(s) as established by the City Council and set forth in the
City Fee Schedule.”
Section 16. City Code Subsection 1108.1002 provision (2) is amended by inserting after
the first sentence the following new sentence: “The application for an Interim
Use Permit shall comply with all requirements for a Conditional Use Permit
and shall be accompanied by the required filing fee(s) as established by the
City Council and set forth in the City Fee Schedule.”
Section 17. City Code Section 1108 is amended by inserting a new subsection 1108.1100
to read as follows:
1108.1100 VACATION. An application for the vacation of a City street, right-of-
way or easement shall be on a form provided by the City and shall include the
name, address and telephone number of the applicant, the name, address and
telephone number of the property owner, surveys showing the property and
requested vacation, legal description of the property to be vacated, and all other
information requested by the City. The application shall be accompanied by the
required filing fee(s) as established by the City Council and set forth in the City
Fee Schedule.
Section 18. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by
reference, as though repeated verbatim herein.
Section 19. This ordinance shall become effective upon its passage and publication.
Page 5 of 5
Passed by the City Council of the City of Prior Lake this 17th day of June 2019.
ATTEST:
_________________________ __________________________
Michael Plante, City Manager Kirt Briggs, Mayor
Published in the Prior Lake American on the 22nd day of June 2019.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 19-____
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. _____ AND
ORDERING THE PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS,
On June 17, 2019 the City Council adopted Ordinance No. ____ amending Section
1002 relating to procedures for filing and review of subdivisions; and
WHEREAS, Minnesota Statutes requires publication of an ordinance in the official newspaper
before it becomes effective; and
WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the
Council finds that the summary is an accurate representation of the ordinance; and
WHEREAS, The City Council desires to publish a summary of the amendments to Section 1002
of the Prior Lake City Code and has determined the publication of a summary of
this ordinance will meet the intent of the statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE, MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Ordinance No. _____________ is lengthy.
3. The text of summary of Ordinance No. __________________, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and
summary of the Ordinance will clearly inform the public of the intent and effect of the
Ordinance.
4. The title and summary shall be published once in the Prior Lake American in a body type no
smaller than brevier or eight-point type.
5. A complete text of the newly amended City Code will be available for inspection at City Hall
or in the Document Center on the City of Prior Lake Website after June 17, 2019.
PASSED AND ADOPTED THIS 17th DAY OF JUNE 2019
VOTE Briggs Thompson Burkart Braid Erickson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
_____________________________
Michael Plante, City Manager
2
Exhibit A
SUMMARY ORDINANCE NO. __________
CITY OF PRIOR LAKE
ORDINANCE NO. _________
AN ORDINANCE AMENDING SECTION 1002 OF THE PRIOR LAKE CITY CODE RELATING TO
PROCEDURES FOR FILING AND REVIEW OF SUBDIVISIONS AND ADOPTING BY REFERENCE CITY
CODE SECTION 104; WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS.
The following is only a summary of Ordinance No. ____________. The full text will be
available for public inspection after June 17, 2019 by any person during regular office hours at
City Hall or in the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance amends Section 1002 relating to procedures for filing and review
of subdivisions.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 17th day of June 2019.
ATTEST:
_________________________ __________________________
Michael Plante, City Manager Kirt Briggs, Mayor
Summary published in the Prior Lake American on the 22nd day of June, 2019.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 19-____
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. _____ AND
ORDERING THE PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS,
On June 17, 2019 the City Council adopted Ordinance No. ____ amending Section
1005 relating to required improvements and charges; and
WHEREAS, Minnesota Statutes requires publication of an ordinance in the official newspaper
before it becomes effective; and
WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the
Council finds that the summary is an accurate representation of the ordinance; and
WHEREAS, The City Council desires to publish a summary of the amendments to Section 1005
of the Prior Lake City Code and has determined the publication of a summary of
this ordinance will meet the intent of the statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE, MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Ordinance No. _____________ is lengthy.
3. The text of summary of Ordinance No. __________________, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and
summary of the Ordinance will clearly inform the public of the intent and effect of the
Ordinance.
4. The title and summary shall be published once in the Prior Lake American in a body type no
smaller than brevier or eight-point type.
5. A complete text of the newly amended City Code will be available for inspection at City Hall
or in the Document Center on the City of Prior Lake Website after June 17, 2019.
PASSED AND ADOPTED THIS 17th DAY OF JUNE 2019
VOTE Briggs Thompson Burkart Braid Erickson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
_____________________________
Michael Plante, City Manager
2
Exhibit A
SUMMARY ORDINANCE NO. __________
CITY OF PRIOR LAKE
ORDINANCE NO. _________
AN ORDINANCE AMENDING SECTION 1005 OF THE PRIOR LAKE CITY CODE RELATING TO
REQUIRED IMPROVEMENTS AND CHARGES AND ADOPTING BY REFERENCE CITY CODE
SECTION 104; WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS.
The following is only a summary of Ordinance No. ____________. The full text will be
available for public inspection after June 17, 2019 by any person during regular office hours at
City Hall or in the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance amends Section 1005 relating to required improvements and
charges.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 17th day of June 2019.
ATTEST:
_________________________ __________________________
Michael Plante, City Manager Kirt Briggs, Mayor
Summary published in the Prior Lake American on the 22nd day of June, 2019.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 19-____
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. _____ AND
ORDERING THE PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS,
On June 17, 2019 the City Council adopted Ordinance No. ____ amending
Sections 113, 1003, 1006, 1101, 1106, 1107 and 1108 relating to the fee schedule
and subdivision and zoning application requirements and fees; and
WHEREAS, Minnesota Statutes requires publication of an ordinance in the official newspaper
before it becomes effective; and
WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the
Council finds that the summary is an accurate representation of the ordinance; and
WHEREAS, The City Council desires to publish a summary of the amendments to Sections 113,
1003, 1006, 1101, 1106, 1107 and 1108 of the Prior Lake City Code and has
determined the publication of a summary of this ordinance will meet the intent of
the statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE, MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Ordinance No. _____________ is lengthy.
3. The text of summary of Ordinance No. __________________, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and
summary of the Ordinance will clearly inform the public of the intent and effect of the
Ordinance.
4. The title and summary shall be published once in the Prior Lake American in a body type no
smaller than brevier or eight-point type.
5. A complete text of the newly amended City Code will be available for inspection at City Hall
or in the Document Center on the City of Prior Lake Website after June 17, 2019.
PASSED AND ADOPTED THIS 17th DAY OF JUNE 2019
VOTE Briggs Thompson Burkart Braid Erickson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
_____________________________
Michael Plante, City Manager
2
Exhibit A
SUMMARY ORDINANCE NO. __________
CITY OF PRIOR LAKE
ORDINANCE NO. _________
AN ORDINANCE AMENDING SECTIONS 113, 1003, 1006, 1101, 1106, 1107, AND 1108 OF THE PRIOR
LAKE CITY CODE RELATING TO THE FEE SCHEDULE, SUBDIVISION AND ZONING APPLICATION
REQUIREMENTS AND FEES AND ADOPTING BY REFERENCE CITY CODE SECTION 104; WHICH,
AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS.
The following is only a summary of Ordinance No. ____________. The full text will be
available for public inspection after June 17, 2019 by any person during regular office hours at
City Hall or in the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance amends Sections 113, 1003, 1006, 1101, 1106, 1107 and 1108
relating to the fee schedule and subdivision and zoning application requirements and fees.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 17th day of June 2019.
ATTEST:
_________________________ __________________________
Michael Plante, City Manager Kirt Briggs, Mayor
Summary published in the Prior Lake American on the 22nd day of June, 2019.