HomeMy WebLinkAbout8B - Survey Requirements for Building Permits
STAFF AGENDA REPORT
AGENDA #:
PREP ARED BY:
SUBJECT:
8B
JANE KANSIER, PLANNING COORDINATOR
JAY SCHERER, ACTING BUILDING OFFICIAL
CONSIDER APPROVAL OF ORDINANCE 97-XX
PERTAINING TO CERTIFICATE OF SURVEY
REQUIREMENTS FOR BUILDING PERMITS
JULY 21, 1997
DATE:
INTRODUCTION:
The staff and the City Council have recently received several
questions about the need for a certificate of survey when
obtaining a building permit. Support staff have indicated that
this is a common complaint received from homeowners who
wish to improve their homes. The Council directed the staff to
review these requirements to determine if other means could be
employed which are equally effective and less expensive.
BACKGROUND:
The need for surveys was discussed by the Planning and Building
Inspections staff, who then prepared the attached memorandum
outlining the background of the survey requirements. This
memorandum was presented to the City Council on June 23,
1997. The Council directed the staff to prepare an ordinance
which would set forth the requirements for a certificate of survey
in the building permit process.
DISCUSSION:
In 1978, the Council approved Resolution 78-1 which required a
certificate of survey be submitted as part of an application for all
building permits. In 1995, the Council adopted Resolution 95-64
which exempted replacement decks outside of the Shore land or
Flood Plain districts from the survey requirement.
The proposed ordinance is an attempt to clarify when surveys are
truly needed, and to employ means other than surveys when
possible. The ordinance still requires a certificate of survey for
all new construction. It also exempts all replacement decks, not
just those outside of the Shore land or Flood Plain districts.
Finally, the ordinance allows some additions and new
construction without a new certificate survey, subject to certain
limitations, such as size of the structure, the location of property
pins, and so on.
The purpose of this ordinance is to make it very clear when new
I: \97 Ii le5\ 97 ordamd\ci tycode\5urveY\5urveyc2 .doc I
16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTLNITY EMPLOYER
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
1:\97 Ii le5\97 ordamd\citycode\survey\surveyc2. doc
surveys will be required. In the situations where new surveys are
not required, the conditions will still provide some level of
protection to the City that the proposed structure is located
properly.
It is also important the Council and the public be aware that the
City does not have a certificate of survey on file for every
property. In those instances where there is no record of an
existing survey, a new certificate of survey will still be required.
1. Adopt Ordinance 97-x.X as recommended by staff.
2. Defer action on this ordinance, and direct staff to provide
additional information to the City Council.
3. Deny the proposed amendment.
Alternative # I.
2
CITY OF PRIOR LAKE
ORDINANCE NO. 97-XX
AN ORDINANCE ADDING SECTION 4-1-7 TO THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain:
Chapter 4 of the Prior Lake City Code is hereby amended to add Section 4-1-7 reading as
follows:
4-1-7 REQUIREMENTS FOR CERTIFICATES OF SURVEYS AS PART OF THE
BUILDING PERt\1IT APPLICA TraNS
(A) A certified lot survey with all improvements shown thereon, and prepared by a
registered land surveyor, is required as part of the building permit application for
all new construction unless exempted by the provisions listed in this section.
(B) In the case of a replacement deck only, the property owner may. in lieu of the
certificate of survey. provide clear field identification of the lot pins. and a to-
scale drawing of the lot accurately portraying all current construction of the
property and showing all dimensions from the structures to the side, rear and front
lot lines, provided that:
1. The replacement deck must be the exact width, depth and height of the
existing structure.
2. The location and size of the existing deck must be verified by City staff.
3. The site plan must be accurate and specific to the satisfaction of City staff.
4. That the City has a right to request a certificate of survey be provided if in the
City staff s sole discretion it is considered desirable under the circumstances.
5. The new deck must comply with all current Building Code requirements.
6. That any subsequent addition to the replacement deck in width, depth, steps,
roof or amenities will require that a certificate of survey be completed and
submitted with that permit.
(C) A new certificate of survey will not be required for additions to existing structures
or new accessory structures on lots outside of the Shoreland and/or Flood Plain
district, subject to the following provisions:
1:\97files\97ordamd\citycode\survey\ord97xx.doc Page 1
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTLNITY EMPLOYER
1. The existing survey must be signed by a registered land surveyor, and must
depict the actual location of the existing structures on the lot.
2. The City will require that property pins be located on the site so staff can
verify the structure setbacks.
3. The addition and/or new structures must be drawn on the survey to scale.
4. Any addition or structure exceeding 480 square feet will require a new survey.
S. The City has a right to request a certificate of survey be provided if in the City
staff s sole discretion it is considered desirable under the circumstances.
6. The applicant must sign an agreement holding the City harmless from any
damages incurred if the building is placed inaccurately on the site.
(D) A new certificate of survey will not be required for new decks within the
Shoreland and/or Flood Plain Districts, subject to the following provisions:
1. The existing survey must be signed by a registered land surveyor, and must
depict the actual location of the existing structures on the lot.
2. The City will require that property pins be located on the site so staff can
verify the structure setbacks.
3. The addition and/or new structures must be drawn on the survey to scale.
4. The City has a right to request a certificate of survey be provided if in the City
staff s sole discretion it is considered desirable under the circumstances.
5. The applicant must sign an agreement holding the City harmless from any
damages incurred if the building is placed inaccurately on the site.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 21 st day of July, 1997.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,1996.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
I :\97files\97 ordamd\citycode\survey\ord97xx. doc
Page 2
Memorandum
TO: Frank Boyles, City Manager
Don Rye, Planning Director
FROM: Jane Kansier, Planning Coordinator
Jay Scherer, Building Inspector
DATE: June11,1997
RE: Requirements for Certificates of Survey
Recently, there have been several questions about the need for surveys for both new and
replacement decks. We have been asked to review this issue and make some suggestions
about some potential revisions to the current policy. In discussing this issue, we
determined some clarification is necessary on the need for surveys in all instances, not
just the construction of decks. The following is a summary of our review and our
recommendations.
BACKGROUND:
The need for surveys is implied under Section 106 of the Building Code. Specifically,
Section 106.3.3 states "plans and specifications shall be drawn to scale upon substantial
paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent
of the work proposed and show in detail that it will conform to the provisions of this code
and all relevant laws, ordinances, rules and regulations. "
In 1978, the Council adopted Resolution #78-1 requiring a "certified lot survey with all
improvements shown thereon, as part of the application for a building permit in the City
of Prior Lake. "
In 1993, the Council adopted the Shore land District provisions as an amendment to the
Zoning Ordinance. Section 5-8-3 (B) of these provisions requires that "impervious
surface coverage shall be documented by a certificate of survey at the time of any zoning
or building permit application..." In addition, Section 5-6-6 of the Zoning Ordinance
requires a certificate of survey with a variance application.
Finally, in 1995, the Council adopted Resolution #95-64 which exempted replacement
decks only lying outside of the Shoreland or Flood Plain districts from the survey
requirements.
REVIEW /RECOMMENDATION:
A. Allowing Replacement Decks Without Surveys
Resolution #95-64 currently allows permits for replacement decks outside of the
Shoreland District to be issued without surveys, subject to the following conditions:
1) The replacement deck must be the exact width, depth and height of the existing
structure.
2) The property must be located outside of the floodplain or shoreland.
3) The plat plan must be accurate and specific to the satisfaction of City staff.
4) That the City has a right to request a certificate of survey be provided if in the
City staff s sole discretion it is considered desirable under the circumstances.
5) That any subsequent addition to the replacement deck in width, depth, steps, roof
or amenities will require that a certificate of survey be completed and submitted
with that permit.
While evaluating whether a certificate of survey should be required for replacement
decks in the shoreland or flood plain districts, we need to determine what, if any, are
the ramifications of no survey. We suggest the following:
. Increase in impervious surface: there is a possibility of increase in impervious
surface; however, we can monitor whether or not additional impervious
surface will be created through the building permit. If there is additional
impervious surface, we would require a new certificate of survey.
. Increased impact on the flood plain: there is a possibility the structure could
be built below the flood elevation, or additional openings below the flood
elevation may be added. Again, we can monitor this through the building
permit review process.
. No permit for the original deck: this is also a possibility, especially in older
areas. However, this same possibility occurs outside of the shore land and
flood plain districts.
It should be noted that a property owner could conceivably construct a platform deck
(a deck less than 30" off the ground and not connected to the house) without
obtaining any permits. In our opinion, these decks have the same impact as a
replacement deck.
In conclusion, there is no need for a new certificate of survey for replacement decks
in the shore land or flood plain districts, subject to the five conditions in Resolution
#95-64, except #2, and with the following additional conditions:
6) The location and size of the existing deck must be verified by City staff.
7) The new deck must comply with all current Building Code requirements.
2
B. Allowing Construction of Structures or Additions Other Than Replacement
Decks on Property Outside of the Shoreland or Flood Plain District Without a
New Survey
We also looked at situations where we could allow an addition or new structure
without a new survey. We concluded it would be acceptable subject to the following
criteria:
1) The existing survey must be signed by a registered land surveyor, and must depict
the location of the structures on the lot.
2) The City will require that property pins be located on the site so staff can verify
the structure setbacks.
3) The addition and/or new structures must be drawn on the survey to scale.
4) Any addition or structure exceeding 480 square feet will require a new survey.
5) The City has a right to request a certificate of survey be provided if in the City
staff s sole discretion it is considered desirable under the circumstances.
There are a couple of issues which must be discussed if we are to adopt the above
policy. First of all, many of the surveys we have on file label the structures as
"proposed". If we are to accept these surveys, we make an assumption that the
structure was built in the location shown. If we do not wish to accept these surveys,
we should purge our files so we no longer distribute these to the public. The second
issue is the limitation on the size of new structures or additions. We have suggested
480 square feet because it is the size of a small two car garage. This limitation can be
set higher or lower.
C. Allowing Construction of New Decks Within the Shoreland or Flood Plain
District Without a New Survey
New decks within the shoreland or flood plain areas may also be allowed without a
new certificate of survey with the following conditions:
1) The existing survey must be signed by a registered land surveyor, and must depict
the location of the structures on the lot.
2) The City will require that property pins be located on the site so staff can verify
the structure setbacks.
3) The addition and/or new structures must be drawn on the survey to scale.
4) The City has a right to request a certificate of survey be provided if in the City
staff s sole discretion it is considered desirable under the circumstances.
3
D. Allowing Construction of Structures, Additions or Covered Decks on Property
Within the Shoreland or Flood Plain District Without a New Survey
In no instance should an addition, covered deck or new freestanding structure be
allowed in the Shoreland or Flood Plain district without a new survey. The purpose
of the survey is to obtain accurate impervious surface calculations and to be sure the
structure complies with flood plain elevations and requirements.
E. Variance Applications
The Zoning Ordinance also requires a new certificate of survey for a variance
application. This provision should continue.
CONCLUSION:
If the current City policy is changed to reflect the above recommendations, we would also
recommend that this policy be adopted as an amendment to the City Code rather than as a
resolution. If this is an ordinance, it is more official, and less subject to interpretation
than an amendment.
4
106-106.3.1
1994 UNIFORM BUILDING CODE
SECTION 106 - PERMITS
106.1 Permits Required. Except as specified in Section 106.2 of this section. no budding: or
Structure regulated by this code shall be erected. constructed. enlarged. altered. repaired. mo~ed.
improved. removed. converted or demolished unless a separate permit for each building or struc-
ture has first been obtained from the building official.
106.2. Work Exempt from Permit. A building permit shall not be required for the following:
1. One.-story detached accessory buildings used as :001 md storage sheds. playhouses and simi-
lar uses. provided the projected roof area does not exceed 120 square feet (11.15 m2).
:2 Fences not over 6 feet (1829 mm) high.
3. Oil derricks.
4. Movable cases. coumers and partitions not over 5 feet 9 inches (1 i53 mm) high.
5. Retaining walls which are not over..l feet (1::: 19 mm) in height measured from the bottom or
the footing to the top or the wall. unless supporting a surcharge or impounding Class L II or III-.A
liquids.
6. Water tanks supported directly upon grade if the capacity does not exceed 5.000 gallons
(18 9'27 L) md the ratio of height to diameter or width does not exceed::: to 1.
i. Platforms. walks md driveways not more than 30 inches (762 mm) above grade md not over
my basemem or story below.
8. Paiming. papering md similar finish work.
9. Temporary motion picture. television md the:Her stage sets md scenery.
10. Window awnings supported by m exterior wall of Group R. Division 3. md Group.'vl Occu-
pancies when projecting not more thm 54 inches (13i::: mm).
11. Prefabricated swimming pools accessory to a Group R. Division 3 Occupmcy in which the
pool walls are emirely above the adjacent grade and if the capacity does not exceed 5.000 gallons
( 1 8 927 L).
Unless otherwise exempted. separate plumbing. dectric:ll md mechanical permits will be re-
quired for the above-exempted items.
Exemption from the permit requirements of this code shall Dot be deemed to grant Juthorization
for my work to be done in my m:lnner in violation of the provisions of thIS code or any other laws or
ordinances of this Jurisdic:ion.
106.3 Application for Permit.
106.3.1 Application. To obt:lin a permit. the Jppiic:lnt shall first file m appliCJtion therefor in
writing on a form furnished by the code e:1forcement age:1cy for that purpose. Every such Jpplica-
tion shall:
1. Identify md describe the work to be covered by the permit for which applic:Hion is made.
:::. Describe the land on which the proposed work is to be done by legal description. street address
or similar description that will readily identify md definitely locate the proposed building or work.
3. Indic:lte the use or occupancy for which the proposed work is intended.
4. Be accompanied by plans. diagrams. computations and specifications and other data as re-
quired in Section 106.3.:::.
5. State the vJluation or Jny new building or SLruc:ure or any addition. remodeling or alterJtlon
to In existing building.
6. Be signed by the applic:lnt. or the applicant's authorized agent.
1--4
1395.0106 SECTION 106, PERMITS.
Subpart l. Section 106.2 Work Exempt from Permit. Section 106.2 of the UBC is amended by the
addition of item 12 to read :l.S follows:
12. Agricultural buildings as derined in Minnesota Statutes. section 16B.60. subdivision 5.
Subp. 2. Section 106.3.2 Submittal documents. Section 106.3.2 of the UBC. the first paragr:J.ph. is
amended to read as follows:
106.3.2 Submittal documents. Plans. specifications. engineering calculations. diagrams. soil investi-
gation repo!'!s. special inspection and struCtural observation programs. and other data shall constitute
the submittal documents and shall be submitted in one or more sets with each application for a pennit.
The building official may require that the plans or other data be prepared in accordance with the rules
of the Board of Architecture. Engineering, Land Surveying. Lmdscape Architecture. and Interior
Design. Minnesota Rules. chapter 1800. and Minnesota Statutes. sections 326.02 to 326.15. and other
state laws relating to plan and specification preparation by occupational licenses.
1994 U.B.C. Minnesota State Amendments 1-4
1994 UNIFORM BUILDING CODE
106.3.1-106.3.5
-7. Give such other data :md information as may be required by the building official.
106.3.2 Submittal documents. Plans. specifications. e:lgineering cJlcubtions. dia2rJms. soil In-
vestigJtion repo!1S. special inspection:md structural observation programs Jnd other data shaIl con-
stirute the submittal documents and shaIl be submitted in one or more sets with each application ror
a permit. Whe:l such pl:ms are not prepared by an uchitect or engineer. the building official mav
require the Jpplic:mt submitting such pl:ms or other data to demonstrate that state law does nor r';-
qUIre that the pl:ms be prepared by a licensed :lfchitect or engineer. The building official mav re-
quire plans. computations and specitlc:ltions to be prepared :lnd designed by In engine~r or
archnect licensed by the state to practice as such even if not required by state law.
EXCEPTION: Tne building official may waive the submiSSIOn or plans. calculations. construction insoec-
non requirements :lJ1d other data ir it is found that :he nature or rhe ',\Iork applied for 1S such that re'liewin'g or
plans is not necessary to obtain compliance with thiS code.
106.3.3 Information on plans and specifications. P!:ms and specific::nions shall be drJwn [0
sCJle upon substantial paper or cloth :md shall be of sufficient clam;1 to indicJte the !ocJtion. nature
and extent or the work proposed and show in detail that it wiiI conform to (he provisions orthis code
:md ail relevant laws. ordinances. rules :md regulations.
PI:ms for buildings more th:ln two stories in height or other th:m Group R. Division 3 :md Grouo L'
Occupancies shall indicate how required strucrur:ll :md fire-resistive integrity will be maintained
where penetrations will be made for electrical. mech:mical. plumbing and communication conduits.
pipes :md similu systems.
106.304 Architect or engineer of record.
106.3A.l General. \Vhen it is required that documents be prepared by :m architect or engineer.
the building official may require the owner to engage:md designate on the building permit applica-
tion :In uchitect or engineer who shaIl :let as the uchitect or engineer of record. If the circumstances
require. the owner m;y designate a substitute :lfchitect or engineer of record who shall perform <Ill
of the duties required of the original :lfchitect or engineer of record. The building official shall be
notirIed in writing by the owner if the architect or engineer of record is changed or is unable to con-
tinue to perform the duties.
The architect or engineer of record shall be responsible for reviewing <Ind coordinating all sub-
mittal documents prepared by others. inc!uding deferred submittal items. for comp:uibiIity with the
design of the building.
106.304.2 Deferred submittals. For the purposes or this section. deferred submlCt::rls ue derined
as those portions or the design which are not submitted at the time of the <Ipplic::rtion ::rnd which are
to be submitted to [he building official within a spec:tled period.
Deferr::rl of any submittal items shall have prior Jpproval of the building official. The Jrchitect or
enlZineer of record shall list the deferred submittals on the pians :md shall submit 1h<: dererred sub-
mittal documents for review by the building official. .
Submittal documents for deferred submittal items sh:lll be submitted to the architect or enlZineer
of record who shall review them and forward them to the building official with a nor;.uion indi~ating
that the deferred submittal documents have been reviewed and that they have bee:l round to be in
IZenera! conformance with the design of the buildinlZ. Tne dererred submittal items shall not be in-
;talled until their design and submittal documents have been approved by the building official.
106.3.5 Inspection and observation program. ""'hen special inspection is required by Section
170 t. the Jrchitect or engineer of record shall prepare :m inspection program which shall be sub-
mitted to the building official for approval prior to issuance of the building permit. The inspection
program shall designate the portions of the work thJt require special inspection and the name or
names of the individuals or firms who ue [Q perform the special inspections. and indicate [he duties
or' the special inspectors.
1-5
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MOTION BY:
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CITY OF
~RIOR LAKE, MINNESOTA
55372
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Resolution 78-1
SECONDED BY:
Busse
Resolution requiring the submittal of a certified lot survey upon
the application of a building permit within the City limits of
Prior Lake.
Whereas, the City of Pr:or lake has ordinances dealing with
and ~ertaining to the size and plJcement of a home
on a lot,
THEREFCRE BE IT RESOLVED that the City Council of Prior Lake
hereby"requlres a certified lot survey with all Improvements
shown thereon, as part of the applic~tion for a building permit
in the City of Prior Lake.
Whereas, in
to
of
Whereas, it
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order to enforce such or~inances it is imperative
demostrate to the City of Prior lake the dimensions
a lot and access thereto,
is also necessary to de~strate by the applicant
a building permi~, the placement of improvements
a lot,
3rd
day of January
Passed and adopted this
1978.
YE:
Stock
Bissonett
Busse
Hafermann
Watkins
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Wrtnes~ of my hand and official seal of Prior Lake, Minnesota
this 3rd day of January , 1978.
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Mic ael A. McGuire
City Manager
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THE CENTER OF LAKE COUNTRY
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RESOLL1ION 9~-.s4
A RESOLL1ION REQt'1:RL"-lG Tr..J:. SFBiYIlTTAl OF A CERTIFICATE
OF S"LKV""EY L?ON THE APPLICATION OF A BLTI..DI."fG PER..yIlT
\yl:T~ THE CITY LL'YIlTS OF PRIOR LAKE
:\-10TION BY:
_ 0r~e~":'"-:e~c.
SECO~l)ED BY: _Scn:
WHERE4S,
the Cirj of ?::cr La..i.ce has or~t:ar:.ces c.e:::J.ing ',vi6 and pe:-..airing to the size ar:c.
placese::t of a home on a lac ar:e..
WHER.EA.S,
in oree: to e:::or:e mcb. ore;"'ar:ces It 15 !.mce:3.t:ve to de:::op..s~te to the Cie:; of
P:ior L'" ke :he c.ir::e:o..sions of a IN ar.c. 3oc:ess u'le:eto; and
YVHEREAS,
it is also ne-::ess';:::f CO c.e:::CC5:'2.tc by t::e a'Colic3l:.t or a ouilCL-'J.g pe::::.lt. t..,:e
piace:::e::t of irnprove:::e::ts on a loc:: a."1c..
WHERE-4S,
Resolu-r:on 73-1 esubiisb.e~ c:r:/ :;oLic"? u.. ti:is reg~;:' ar:c now. re~~l:-es
res~e:::.e::L
~OYV, THEREFORE, BE IT RESOL v""ED ':J:: :..~e .:v(2o:;cr lr-e. City Cour:c:l c.':2ot d:e Cir::
Council 0 f P:::or L'" bee he:-e:::y :-e~'...!.ires a :e:-::::c2o:c 0 f s-...:.:-:e:r '",,-itb. ail improve::::e::.cs sho\vu
the:eon. as par. ofc..':e 3opplic2.:icr: IOcr a ':uilc.i.e.-=.g ;:e:-::-jt i.e.-=. :'~e ::r:; of?::or La.l(e except as see:
for-b. beiow:
In tt.e case of a re::lace:::e::t de-:::< Oru:f for prape:::r ly:ng omSice of w.':e Shore!a.r:d
ManaQe:::e::t or Flooe. ?~ain dis.....:c:s. t..,:e :roce:7f O\1;11e: G:av in lie'...!. of Lte ce:ciiic2.te of
_' . a.... 4 ~
s1.lr,rey provide c:e::..r Ee:e. ie.e::riiic2.r:on of Lte lot pir..s ane. a to scale dr::..',ving acc:..rr::.:e~::
por::2.ying all cu.r:e::t c::r:st:"-:c:ion on the prape:::r to scale showing all c.i.::1e:1s1ons c::r::
the SUJ.C~JI~S to ~~e Slce_ re::..r ar:d frcr:! ret ~i::.es~ ~rovic.ed t..~a!:
1. T::e re::iace:::e::! ce~~< rr:t.:.S~ ~e d:e e:::.::..c: ~~ic:i:~ c.e::t.~ ar:c he:g.::! or ce
e:'~s:~~g s~~c:-...:re.
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-:: Tne plat pIa!: :nusc ce aCC:lr2.te anc s"Fe~if.c :0 r....':e saris",2.c:ion of Ciry scaff.
~ T.;:l4l.! me cir:;; has r....,:e rigl:.t :0 re:::uesc a ce:":lI:.Care of sliney ce provice::::. if L.'":
d::e ciq .sraf\:"'" s sole cisc:-don It 15 coc.sice:e::::. cesln.ble unce: tI:e
circ:un.srances..
5. Tnat any subseque:n acCitien to tL'1e replace:::le::t ce~k i.n ""idth. deptL'1. seeps,
reor or ame:1iues ""ill require that a ce:-:iiicate of S<lr;ey be complete::::' ar:.c
submitted with that permit.
Passed and adopted rhis _.l11h... day of July, 1995.
Po..n ere::
YES
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(Seal)
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Memorandum
TO:
City Council Members
Jane Kansier, Planning coordinat~
July 21, 1997
FROM:
DATE:
RE:
Ordinance 97 -XX, Outlining the Requirements for Certificates of
Survey (Item 8B on the City Council Agenda)
cc:
Suesan Lea Pace, City Attorney
Frank Boyles, City Manager
Jay Scherer, Acting Building Official
Attached is a revised version of Ordinance 97-XX amending Section 4-1-7 of the City
Code as it relates to the requirements for certificates of survey. Upon the advice of the
City Attorney, this ordinance has been revised to include a set of criteria under which the
staff may request a new certificate of survey, rather than leaving it totally to the City's
discretion. The purpose of this change is to eliminate any perception that the ordinance is
not applied evenly or fairly. The change does not affect the overall purpose or provisions
of the proposed ordinance.
I: \ 97files\ 97 ordamd\citycode\survey\memo.doc
CITY OF PRIOR LAKE
ORDINANCE NO. 97-XX
AN ORDINANCE ADDING SECTION 4-1-7 TO THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain:
Chapter 4 of the Prior Lake City Code is hereby amended to add Section 4-1-7 reading as
follows:
4-1-7 REQUIREMENTS FOR CERTIFICATES OF SURVEYS AS PART OF THE
BUILDING PERMIT APPLICATIONS
(A) A certified lot survey with all improvements shown thereon, and prepared by a
registered land surveyor, is required as part of the building permit application for
all new construction unless exempted by the provisions listed in this section.
(B) In the case of a replacement deck only, the property owner may, in lieu of the
certificate of survey, provide clear field identification of the lot pins, and a to-scale
drawing of the lot accurately portraying all current construction of the property and
showing all dimensions from the structures to the side, rear and front lot lines,
provided that:
1. The replacement deck must be the exact width, depth and height of the
existing structure.
2. The location and size of the existing deck must be verified by City staff.
3. The site plan must be accurate and specific to the satisfaction of City staff.
4. The new deck must comply with all current Building Code requirements.
5. The City may request a new certificate of survey be provided if, in the City's
discretion, it is considered desirable under the following circumstances:
a) The existing survey shows proposed structures rather than existing
structures.
b) The existing survey does not show all the structures on the property.
c) The topography or other physical characteristics of the site are such that
the City cannot reasonably verify the location of the existing and/or
proposed structures, even though the property pins have been located.
1:\97files\97ordamd\citycode\survey\ord97xx.doc Page 1
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
.".N EQUAL OPPORTUNITY EMPLOYER
d) The existing survey does not identify the existing easements on the site.
e) A new certificate of survey is necessary to determine elevations on the
site for the purpose of identifying drainage patterns, wetlands, bluffs,
flood elevations, and/or ordinary high water elevations
t) The City has reason to believe the conditions on the property may have
changed since the date of the original survey.
g) The City believes the proposed project may create aesthetic issues
which require additional information.
h) The City believes the proposed project may impact adjacent property
values in such a manner that additional information is required.
6. Any subsequent addition to the replacement deck in width, depth, steps, roof
or amenities may require that a certificate of survey be completed and
submitted with that permit, unless exempted by the provisions listed in this
section.
(C) A new certificate of survey will not be required for additions to existing structures
or new accessory structures on lots outside of the Shoreland and/or Flood Plain
district, subject to the following provisions:
1. The existing survey must be signed by a registered land surveyor, and must
depict the actual location of the existing structures on the lot.
2. The City will require that property pins be located on the site so staff can
verify the structure setbacks.
3. The addition and/or new structures must be drawn on the survey to scale.
4. The proposed addition or structure does not exceed 480 square feet.
5. The applicant must sign an agreement holding the City harmless from any
damages incurred if the building is placed inaccurately on the site.
6. The City may request a new certificate of survey be provided if, in the City's
discretion, it is considered desirable under the following circumstances:
a) The existing survey shows proposed structures rather than existing
structures.
b) The existing survey does not show all the structures on the property.
c) The topography or other physical characteristics of the site are such that
the City cannot reasonably verify the location of the existing and/or
proposed structures, even though the property pins have been located.
d) The existing survey does not identify the existing easements on the site.
1: \97fi les\ 97 ordamd\citycode\survey\ord97xx.doc
Page 2
e) A new certificate of survey is necessary to determine elevations on the
site for the purpose of identifying drainage patterns, wetlands, bluffs,
flood elevations, and/or ordinary high water elevations
f) The City has reason to believe the conditions on the property may have
changed since the date of the original survey.
g) The City believes the proposed project may create aesthetic issues
which require additional information.
h) The City believes the proposed project may impact adjacent property
values in such a manner that additional information is required.
(D) A new certificate of survey will not be required for new decks within the Shoreland
and/or Flood Plain Districts, subject to the following provisions:
1. The existing survey must be signed by a registered land surveyor, and must
depict the actual location of the existing structures on the lot.
2. The City will require that property pins be located on the site so staff can
verify the structure setbacks.
3. The addition and/or new structures must be drawn on the survey to scale.
4. The applicant must sign an agreement holding the City harmless from any
damages incurred if the building is placed inaccurately on the site.
S. The City may request a new certificate of survey be provided if, in the City's
discretion, it is considered desirable under the following circumstances:
a) The existing survey shows proposed structures rather than existing
structures.
b) The existing survey does not show all the structures on the property.
c) The topography or other physical characteristics of the site are such that
the City cannot reasonably verify the location of the existing and/or
proposed structures, even though the property pins have been located.
d) The existing survey does not identify the existing easements on the site.
e) A new certificate of survey is necessary to determine elevations on the
site for the purpose of identifying drainage patterns, wetlands, bluffs,
flood elevations, and/or ordinary high water elevations
f) The City has reason to believe the conditions on the property may have
changed since the date of the original survey.
g) The City believes the proposed project may create aesthetic issues
which require additional information.
1: \97fi1es\ 97 ordamd\citycode\survey\ord97xx.doc
Page 3
h) The City believes the proposed project may impact adjacent property
values in such a manner that additional information is required.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 21 st day of July, 1997.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,1996.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
I :\97files\97 ordamd\citycode\survey\ord97xx. doc
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