HomeMy WebLinkAboutII. City Code
COUNCIL WORKSHOP
October 13, 1997
City Code Codification
Format Review
1. The "recodification" uses a numerical system rather than old "Number/Letter/Sm. Letter/Roman
numeral" system
2. There are longer references to "Titles"; Titles are now Chapters, Chapters are Sections,
Sections are Subsections.
For Example:
Old Title 6, Chapter 3, Section 3(B)5b is now
Chapter 700, Section 03, Subsection 302(5b), and is cited as
703.302(5b) instead of 6-3-3(B)Sb.
(Because "Flood Plains" was Title SA in the "old" format, it
became Chapter 6 under the new format in order to eliminate
a format that would include A, B, C.. additions to Chapters.
Therefore, every Chapter after 5A of the "old" Code, is
increased by one number in the new format.) (Old 6 is new 7,
Old 7 is new 8, etc,)
For the cite 703.302(5b), the first digit indicates the Chapter (in
this case Chapter 700; the second and third digits indicate Section
(in this case 03 or 3); the last portion of the number indicates what
subsection (in this case 302(Sb).
3. A numerical system provides us more flexibility where amendments are made or there are
expansions to the Code. This format also makes citing and locating references much easier.
4. Page Numbering is by Section at the bottom of each page. For example, if looking for the
definition of "Subdivision", you would cite 702.100 and, because 702.100 is several pages of
definitions, you could also indicate 702/p3. Numbering by Section will also help in codifying
future amendments. No matter how extensive the revision, we will only be faced with re-
paginating a Section at a time.
5. All lists were put into tables (See 706.801 and 707/p5)
6. Chapter will be tabbed and color-coded. For instance, there will be a tab for "Subdivisions;
700" which will be blue, All Section following will also be tabbed blue and will refer to the
Section number. In this case 701, 702, 703 etc.
7. This is a Draft to be used for review of format purposes only. We are proof-reading and
making slight changes and corrections practically everyday.
8. Weare hoping that we can complete this version of the Code and be ready to go to the printed
by mid to end of November (maybe sooner).
CHAPTER 700
SUBDIVISIONS REGULATIONS
SECTION TITLE
701 General Provisions
702 Definitions
703 Procedure for Submission
of Plats
704 Data for Preliminary Plat
70S Data for Final Plat
706 Minimum Design Standards
707 Improvements Required
708 Registered Land Surveys
709 Varinaces
710 Conveyance By Metes & Bounds
711 Violations, Enforcement
& Penalties
712 Amendments
SUBSECTIONS:
701.100:
701.200:
701.300:
701.400:
Subdivision Regulations
SECTION 1
GENERAL PROVISIONS
TITLE
PuRPOSE
ADMINISTRATIVE PLAT
COMPLIANCE
701.100:
701.200:
701.300:
TITLE: These regulations shall be known and may be cited as the Prior Lake
Subdivision Code.
PuRPOSE: The process of dividing or subdividing land into home sites, or
parcels for other uses, is one of the most important factors in the growth of Prior
Lake. Few activities have a more lasting effect upon the City's appearance,
environment and general public impression. Once the land has been subdivided
and streets, homes and other general improvements completed, the basic character
of this permanent addition to the community becomes fIrmly established. When
the developer has completed the subdivision process and improvements are
installed, it becomes the City's responsibility to maintain the streets and roads and
provide various other public services. As a result, the welfare of the entire
community is affected in many important respects. This Chapter is therefore
adopted to establish minimum standards to aid developers and the general public
and to ensure that subdivisions are conceived, and designed to contribute toward
an attractive, wholesome, orderly and safe community. The right to develop
should not be taken lightly. The goal is to view the development process as an
obligation to contribute an attractive, stable, and safe subdivision for future
owners and moreover, for the existing residents of Prior Lake. (Ord. 87-10,8-17-
87).
ADMINISTRATIVE LAND DIVISION: The City Manager or representative
may authorize approval upon finding:
(1)
The divisions will not result in more than three (3) parcels.
(2)
The property to be subdivided was a lot of record in the office of the County
Recorder of Scott County prior to March 18, 1974, or is a lot which is part of a
plat which has been legally recorded with Scott County.
(3)
All newly created lots must meet the minimum standards of the Zoning District
in which they are located and the resulting parcels must generally conform to the
shape and area of existing or anticipated land subdivisions in the surrounding
701lpl
(4)
(5)
(6)
(7)
(8)
701.400:
Subdivision Regulations
areas.
The division will not cause any structure on the land to be in violation of the
Zoning Ordinance.
Any easements which may be required by the City must be granted.
The owners of land contiguous to the parcel must be notified in writing and no
written objection received within ten (10) days following notification.
Appeals: Any written objection shall constitute an appeal. Such an objection shall
be forwarded to the City Council who shall hear the objection and decide the
matter. Prior to making a decision the Council any request the Planning
Commission to review the matter and make recommendations.
Variances filed with an administrative land division may be considered by the
City Council, without prior review by the Planning Commission, provided a
hearing is conducted by the City Council. (Ord, 88-23, 12-19-88)
COMPLIANCE: Except as provided in Section 701.300, no land shall be platted,
subdivided, rearranged, developed or improved in any way which is not in
conformity with these regulations. All subdivisions of land hereafter submitted for
approval shall fully comply, in all respects, with the regulations set forth herein.
(Ord. 87-10, 8-17-87)
(This Space Intentionally Blank.)
701lp2
SUBSECTIONS:
702.100:
Subdivision Regulations
SECTION 2
DEFINITIONS
DEFINITIONS
702.100:
DEFINITIONS: For the purpose of this Chapter certain terms and words are
hereby defined. Words used in the present tense shall include the future; the
singular numbers shall include the plural, and the plural the singular. The word
"persons" includes a corporation and unincorporated association. The word
"shall" is mandatory and the word "may" is permissive.
Block: A tract of land bounded by streets or a combination of streets, parks,
cemeteries, railroad rights of way, shorelines, waterways or corporate boundary
lines of the City.
Boulevard: The portion of the street right of way between the curb and the
property line.
Building: Any structures, or part thereof, affixed to the land.
Building Line: The line nearest the front of and across a lot establishing the
minimum open space to be provided between the front line of buildings and
structures and the front lot line.
Butt Lots: Any lot located immediately between two corner lots.
Commission: The Prior Lake City Planning Commission, Prior Lake, Minnesota.
Comprehensive Plan: The comprehensive development plan made and adopted
by the City of Prior Lake indicating the general locations recommended for major
thoroughfares, streets, parks, public buildings, zoning districts and other public
improvements.
Council: The Prior Lake City Council, City of Prior Lake, Minnesota.
Cul-De-Sac (Court or Dead-End Street): A short minor street having one end
open to traffic and being permanently terminated by a vehicular turn-around.
(Ord. 87-10, 8-17-87)
Detention Pond: An impoundment that has a permanent pool of water and also
has the capacity to temporarily store storm water runoff until it is released from
702/pl
Subdivision Regulations
an outlet structure, (Ord. 94-01, 1-3-94)
Easement: A grant by the property owner for a temporary or permanent use of
a strip of land by the public, a corporation, or persons for specific purposes.
Final Plat: The drawing or map of a subdivision proposed for filing and
recording pursuant to Minnesota Statutes, Chapter 505 and containing all elements
and meeting all requirements as herein enumerated.
Grade, Percent - Age OJ: The rise or fall of a street by feet and tenths of a foot
for each one hundred feet (100') or horizontal distance measured at the cen~er line
of the street.
Half Street: A street divided longitudinally by a property line.
Inspector: An authorized representative of the Council assigned to make any or
all necessary inspections of the work performed and materials furnished by the
developer.
Land Surveyor: A registered land surveyor capable of preparing engineering
plans for land subdivision plats.
Lot: A portion of a subdivision or other parcel of land capable of being occupied
by one or more structures and intended as a unit for transfer of ownership or for
development.
Lot, Comer: A lot situated at the junction of and abutting on two (2) or more
intersecting streets,
Lot Depth: The mean horizontal distance between the front and rear lines of a
lot.
Lot, Double Frontage: A lot, of which opposite ends abut on streets.
Lot Of Record: Any valid lot which at the time of recording complied with all
applicable laws, ordinances and regulations.
Lot Remnant: All pieces of land that remain after subdivision of a larger tract
which are below minimum lot size and which generally do not have a specific
purpose.
Lot Width: The width measured at the front setback line.
Metes And Bounds: A method or property description whereby properties are
described by means of their directions and distance from an easily identifiable
location,
702/p2
Subdivision Regulations
Outlot: A parcel of land on a plat with a specific future purpose which has not
been designated as a buildable lot, due to insufficient size or frontage, peculiar
site characteristics, topographical problems or one which is not ready for
development due to lack of public improvements.
Parcel: Any unit of land, platted or described by metes and bounds or
combination thereof, subject to this Subdivision Title and other City ordinances.
(Ord. 87-10, 8-17-87)
Pipeline: (A) A pipe with a nominal diameter of six inches (6") or more, that is
used to transport hazardous liquids, but does not include pipe used to tra?sport
a hazardous liquid by gravity, and pipe used to transport or store a hazardous
liquid within a refining, storage, manufacturing facility; or
(B) Pipe operated at a pressure of more than two hundred seventy fiVe: (275)
pounds per square inch that carries gas.
Pipeline Easement: The existing easement or a subsequent easement resulting
from the negotiation of a change in the boundaries of the existing easement. (Ord.
95-02, 2-6-95)
Plat: A map or chart indicating the subdivision or resubdivision of land, intended
to be filed for record.
Preliminary Plat: A formal layout of a proposed subdivision meeting all
requirements are herein enumerated.
Right Of Way: Land dedicated and publicly owned for use as a street, alley or
crosswalk.
Setback Line: Lines that delineate the required distances for the location of a
structure in relation to the perimeter of the property, as defmed in the Prior Lake
Zoning Code and in deed restrictions when applicable.
Street: A public thoroughfare for vehicular and pedestrian traffic.
Subdivider: Any person who undertakes the subdivision of land as defined
herein. The subdivider may be the owner or authorized agent of the owner or the
land to be subdivided.
Subdivision: The division of a parcel of land into two or more lots or parcels by
any means including platting, registered land survey and conveyance by metes and
bounds. Where appropriate tot he context, "subdivision" shall relate to the
process of subdividing or to the land to be subdivided.
Watercourse: A waterway or floodway that is delineated by erosion, natural
702/p3
Subdivision Regulations
features, manmade improvements or other improvements that influence the flow
of water.
Watershed District: Shall mean the Prior Lake - Spring Lake Watershed District,
Shakopee Basin Watershed Management Organization, Credit River Watershed
Management Organization, and Sand Creek Watershed Management Organization,
(Ord. 87-10, 8-17-87).
Wetlands: Lands transitional between terrestrial and aquatic systems where the
water tables is usually at or near the surface or the land is covered by shallow
water. For purposes of this definition, wetlands must have the following three (3)
attributes:
~ Have a predominance of hydric soils.
~ Are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support a prevalence of hydrophytic vegetation
typically adapted for life in saturated soil conditions,
~ Under normal circumstances support a prevalence of such vegetation.
(Ord. 93-05, 3-15-93)
(This Space Intentionally Blank.)
702/p4
SUBSECTIONS:
703.100:
703.200:
703.300:
703.400:
703.500:
Subdivision Regulations
SECTION 3
PROCEDURE FOR SUBMISSION
OF PLATS
ABBREVIATED SUBDMSION PROCESS (REp. BY ORD. 96-08, 3-4-1996)
STANDARD SUBDMSION PROCESS
PRELIMINARY PLAT
PROCEDURE FOR FINAL PLAT APPROVAL AND RECORDING
EFFECT OF SUBDMSION APPROVAL
703.100:
703.200:
703.201
703.300:
703.301
ABBREVIATED SUBDIVISION PROCESS: (Rep. by Ord. 96-08, 3-4-1996)
STANDARD SUBDIVISION PROCESS:
Preapplication Requirements: The subdivider must meet with appropriate staff
for review. At this meeting, the developer shall provide a sketch plan of the
proposed subdivision. Furthermore, the developer shall be prepared to discuss the
following:
~ Street;
~ Utilities;
~ Comprehensive Plan consistency;
~ Parks and open space;
~ Zoning changes if required;
~ Steep slopes;
~ Wetlands and environmentally sensitive issues;
~ Relationship of proposed subdivision to existing neighborhood;
~ Drainage and storm water management;
~ Environmental assessment worksheet requirements; and
~ Watershed District Requirements.
PRELIMINARY PLAT: Before subdividing any tract of land and after the pre-
application conference the subdivider shall submit a preliminary plat for approval
by the Planning Commission and City Council in the following manner:
Planning Commission Action on Preliminary Plat:
(1)
The preliminary plat, along with the application fee, shall be submitted to the
Planning Director, who shall review said plat to ascertain if it complies with the
703/pl
(2)
(3)
(4)
703.302
Subdivision Regulations
regulations as herein set forth. If the Planning Director finds the plat sufficient
and in conformance, the plat shall be referred to the Planning Commission,
The Planning Director shall distribute the preliminary plat to the City Manger,
City Engineer, Attorney, Parks Director and other appropriate agencies for
review and comment.
The Planning Director shall, within sixty (60) days of filing the preliminary plat,
set a public hearing before the Planning Commission. At that time, all interested
persons shall be given an opportunity to be heard. Notice of the hearing shall be
mailed to owners whose property lies within five hundred feet (500') .of the
exterior boundaries of the plat and any other interested individuals. In the event
the proposed development calls for a realignment or elimination of an existing
street within or outside the proposed development, then the affected neighborhood
shall be notified. The City's sewer and water billing records may be u~ed for
notification purposes. Notice of the hearing shall also be published in the official
newspaper at least ten (10) days prior to the hearing, The site shall be posted with
a sign or signs which notify the public of the pending subdivision.
The Panning Director shall compile a report consisting of facts and findings from
Parks, Engineering, Finance, and Planning. If outside consultants are used for
any analytical purposes, their fees will be charged to the developer. The report
will be sent to the Planning Commission, subdivider and any other applicable
agency or jurisdiction.
(5)
The consolidation of preliminary and final plat review may be requested by the
developer from the City Council. Such a request must be submitted to the City
Council prior tot he preliminary plat public hearing,
(6)
The Planning Commission shall conduct the public hearing and report its findings
and recommendations to the City Council and applicant.
(7)
The developer or representative must attend the hearing. Failure of the applicant
to attend may result in loss of the filing fee. The applicant shall pay an additional
filing fee prior to the preliminary hearing in an amount not to exceed the original
filing fee.
City Council Action on Preliminary Plat:
(1)
The City Council shall approve or disapprove a preliminary plat within one
hundred twenty (120) days following delivery of a complete application by the
applicant to the City, unless an extension of the review period has been agreed
to by the applicant and the City.
(2)
If the preliminary plat is not approved by the City Council, the reasons for such
action shall be recorded in the proceedings of the City Council and the developer
703/p2
Subdivision Regulations
notified. If the preliminary plat is approved, the developer shall be notified. such
approval shall not constitute final acceptance of the subdivision, but the general
acceptance of the layout. Subsequent approval of the engineering proposals and
other features will be required. The City Council may require revisions in the
preliminary plat and final plat as deemed necessary for health, safety, general
welfare and convenience of the City.
(3) If the preliminary plat is approved by the City Council and the developer then
desires to amend the plat, the developer must submit an amended preliminary plat
to the City Council. If the City Council determines that the scope of the revisions
do not constitute a new plat, the Council can order the preliminary plat a~ended
to reflect the revisions with no additional fees charged. If the City Council
determines that the scope of the revisions do constitute a new plat, the developer
must reapply for preliminary plat review by both the Planning Commission and
City Council. In this case all preliminary platting fees will be charged. .
(4) The consolidation of preliminary and final plat review may be requested by the
developer from the City Council. Such request must be submitted to the City
Council prior to the preliminary plat public hearing. If the Council agrees, the
final and preliminary plats may be reviewed contemporaneously, provided the
developer submits a written request to the Council prior to the preliminary plat
hearing.
(5) Once preliminary plat approval has been granted by the City Council:
a. The developer may grade the site provided a grading permit has been
issued by the City Engineer and a preliminary grading plan approved.
b. The developer may install utilities provided:
~ A developer's agreement has been signed by all parties having an
interest in the property and approved by City Council with
financial guarantees as indicated in Section 6-7-15 and submitted
prior to installation of utilities and streets.
~ At least five (5) days in advance of such installation, the developer
shall submit to the City Attorney a current, updated abstract and
title opinion or other reasonable evidence of title to the tract.
c. Prior to the issuance of a building or grading permit for a development,
improvement or alteration of land, a plan for erosion and sediment control
must be submitted to the City Engineer. Any measure used to control
erosion must be kept in good repair and good working order until site
stabilization occurs. In the event erosion control fails, it is the
responsibility of the developer to reclaim the site.
703/p3
703.400:
(1)
(2)
(3)
(4)
(5)
(6)
Subdivision Regulations
d. One building permit will be issued to the subdivision if the development
consists of single family homes. However, a certificate of occupancy will
be withheld until all improvements are accepted by the City Engineer.
e. Townhome and condominium developments will be issued foundation
permits for all lots if so desired by the developer in order to verify the
accuracy of the building corners.
PROCEDURE FOR FINAL PLAT APPROVAL AND RECORDING: After
the preliminary plat has been approved, the final plat shall be submitted for
review in accordance with the following:
The final plat must be submitted within twelve (12) months of preliminary plat
approval by City Council. The Council may extend this period for good cause for
up to but not exceeding twelve (12) months, upon written application by the
developer.
Unless an extension has been granted, failure to submit the final plat within the
required time frame shall cause the preliminary plat to become null and void,
The owner or subdivided shall furnish a title opinion or a commitment of title
insurance from a title company setting forth the names of all owners of any
interest in the land being subdivided and holders of any liens or mortgages
thereon to the City Attorney. The City Attorney may require additional
documentation such as an up-to-date certified abstract of title or registered
property abstract and such opinions or evidence of title showing parties having
in any interest in the land being subdivided.
All changes that were required for preliminary approval must be incorporated in
the final plat.
The subdivider shall submit the final plat to the Planning Director. The final plate
shall be in substantial compliance with the preliminary plat. The Planning
Director shall submit the final plat tot he Council for approval. If the Council
agrees, the final and preliminary plat may be reviewed contemporaneously
provided the developer submit a written request to the Council prior to the
preliminary plat hearing.
The subdivider or his/her representative must be in attendance at the meeting.
If no representative is present, the City Council may require forfeiture of the
filing fee and require the subdivider to pay an additional filing fee prior to
appearing before the City Council for final plat approval.
(7)
The subdivider has sixty (60) days from the date of final approval to record the
final plat and relevant documents with Scott County. Any final plats that are not
703/p4
Subdivision Regulations
filed within sixty (60) days of final plat approval shall be null and void. The
Council may extend the recording time for sixty (60) days upon written request
by the subdivider or for other good cause as determined by the City Council.
(8) A subdivider may file a final plat limited to phases of the development.
(9) A developer's agreement must be signed by the subdivider and approved by the
City Council.
(10) The developer shall provide evidence of recording with Scott County of the final
plat and all other pertinent documents. Evidence of recording shall consti~te the
return of one signed mylar sheet and one certified copy of all other pertinent
documents to the Planning Department.
703.500: EFFECT OF SUBDIVISION APPROVAL: For one 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 or Subdivision Ordinance 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. (Ord. 87-10, 8-17-87).
703.501 For any plat which has outlots created more than two (2) years before the
effective date of this ordinance (January 11, 1997), the subdivider shall have one
(1) year from the effective date of this ordinance, or until January 11, 1998, to
file a final plat consistent with the approved preliminary plat, or to file a staging
plan for Council approval. An approved staging plan will allow the subdivider
to develop the property consistent with the approved preliminary plat. After
January 11, 1998, any final plat of these existing outlots must be consistent with
current standards. (Ord. 97-04, 1-6-97)
(This Space Intentionally Blank
For Future Amendments)
703/p5
SUBSECTIONS:
704.100:
704.200:
704.300:
Subdivision Regulations
SECTION 4
DATA FORPRELThflNARYPLAT
IDENTIFICATION AND DESCRIPTION
EXISTING CONDITIONS
SUBDMSION DESIGN FEATURES
704.100:
704.101
704.102
704.103
704.104
704.105
704.106
704.200:
704.201
704.202
704.203
704,204
704.205
704.206
IDENTIFICATION AND DESCRIPTION:
Proposed Name of Subdivision: Said name shall not duplicate or be alike in
pronunciation to the name of any plat previously recorded in Scott County.
Legal Description: Legal description of the property according to the records
in the office of the County Recorder.
Name and Address: Name and address of the owner, owner's agent, subdivider,
surveyor and designer of the plat.
Scale. Point and Date: Graphic Scale, north point and date of preparation.
Copies: Ten (10) copies of the application and supporting data and ten (10) sets
reduced to eleven inches by seventeen inches (11" X 17").
Location Map: A location map showing the location of the proposed subdivision
within the City. (Ord, 87-10, 8-17-87
EXISTING CONDITIONS:
Boundary line survey in accordance with applicable State statutes.
Existing zoning classification.
Total acreage.
Names of property owner within five hundred feet (500') of the outer boundaries
of the subdivision provided by a certified abstract firm.
If rezoning is proposed, a completed rezoning application. (Ord. 87-10, 8-17-87).
The location, width, and street names or other public ways, parks, public lands,
704/p1
704.207
704.208
704.209
704.210
(1)
704.211
Subdivision Regulations
pipelines, easements including pipeline easements required by Minnesota Statutes,
section 299J.05, section and corporate lines within the preliminary plat, shall be
shown to a distance two hundred feet (200') beyond the boundary line of the
proposed plat, (Ord. 95-02, 2-6-95),
Location and size of existing public and private sewers, water mains, culverts or
other underground facilities within the preliminary plat area to a distance of two
hundred feet (200') beyond the boundary line. Data such as grades, invert
elevations and locations of catch basins, manholes, and hydrants shall also be
shown.
Boundary lines of adjoining unsubdivided or subdivided land, within two hundred
feet (200') of the boundary line of the proposed plat shall be shown. (Ord. 87-
10, 8-17-87)
Topographic data, including contours at vertical intervals of not more than two
feet (2') power transmission poles and lines and slopes in excess of twenty
percent (20%) shall be indicated. (Ord. 88-08, 2-16-88)
Physical features which shall include:
A delineation of all streams, rivers, public water and wetlands located on and
immediately adjacent to the side, including depth of water, a statement of general
water quality and any classification given to the water body or wetland by the
Minnesota Department of Natural Resources, the Minnesota Pollution Control
Agency, and/or the United State Army Corps of Engineers.
(2)
Location and dimensions of existing storm water drainage systems and natural
drainage patterns on and immediately adjacent to the site delineating in which
direction and at what rate storm water is conveyed from the site, identifying the
receiving stream, river, public water or wetland and setting forth those areas of
the unaltered site where storm water collects.
(3)
A description of the soils of the site, including a map indicating soil types of
areas to be disturbed as well as soil report containing information on the
suitability of the soils for the type of development proposed and for the type of
sewage disposal proposed and describing any remedial steps to be taken by the
developer to render the soils suitable.
(4)
Vegetative cover and clear delineations of any vegetation proposed for removal.
(5)
One hundred year (100-year) flood plains, flood fringes and floodways. (Ord. 93-
05, 3-15-93)
Soil borings and percolation tests as may be required by the City Engineer.
704/p2
704.212
704.300:
704.301
704.302
704.303
704.304
704.305
704.306
Subdivision Regulations
A written narrative of the proposal including information such as proposed uses,
density, average lot size, total acreage, rezoning, variances and any other unique
design features of the proposal (Ord. 87-10, 8-17-87)
SUBDIVISION DESIGN FEATURES:
Layout of proposed streets, including proposed roads according to City
thoroughfare plans showing right-of-way widths and proposed street names. The
name of any street thoroughfare plans showing right-of-way widths and proposed
streets names. The name of any street thoroughfare used in the City, or its
environs shall not be used unless the proposed street is an extension of an existing
street.
A written narrative describing proposed housing elements within the subdivision
is required. This narrative should describe the following: the method by which
homes will be designed to integrate with site natural features and neighboring
buildings; architectural style and range of valuations of proposed homes;
landscaping, neighborhood entry features, mail box locations, street lighting,
fences, walks, trails, signs, street furniture and other related neighborhood
aspects.
The City encourages establishment of restrictive covenants and homeowners
associations to provide a variety of design within neighborhoods; to identify
maintenance programs for neighborhood landscaping, housing, and exterior
aspects of the subdivision. Proposed covenants shall be submitted by the
developer and recorded at the time of final plat recording. (Ord. 90-10, 10-15-90)
Location and width of proposed trails, fire lanes, pedestrian ways and utility
easements shall be shown.
Schematic plan and profile of utilities and streets including the following data:
typical street cross section, vertical profile of streets including vertical curve data
and utilities profiles: the schematic layout of storm sewer, sanitary sewer and
watermain; invert elevations, and gradients are required for the sanitary sewer,
a site grading plan showing existing and proposed contours, drainage direction
and drainage areas. The above data shall be submitted by a registered civil
engmeer.
Layout, numbers and preliminary lot dimensions including their area, blocks, and
building setback lines.
Areas, other than streets, pedestrian ways and utility easements, intended to be
dedicated or reserved for public use,including the size of such area or areas in
acres.
704/p3
704.307
704.308
704.309
704.310
704.311
704.312
(1)
(2)
(3)
(4)
704.313
Subdivision Regulations
A general statement of the proposed locations of utilities such as gas, electricity
and cable, All such utilities must be underground.
Proposed protective owners deed restrictions.
State of the proposed use of lots stating type of buildings, number or proposed
dwelling units, type of business or industry so as to reveal the effect of the
development on traffic, fire hazards and population.
When required by the City Planner, a general landscaping plan showing plantings,
berms, fences, lighting, parking layout, sidewalk and trails shall be sublpitted.
(Ord. 87-10, 8-17-87)
The developer shall submit a planting concept plan which, in general terms,
addresses tree planting requirements of Section 707.100. The plan shall b~ drawn
at the same scale as the preliminary plat and should include such elements as the
name, size and approximate location of proposed subdivision trees. (Ord. 88-08,
2-16-88)
A site construction plan including:
Locations and dimensions of all proposed land disturbing activities and any
phasing of those activities.
Locations and dimensions of all temporary soil and dirt stockpiles.
Locations and dimensions of all construction site erosion control measures
necessary to meet the standards as outline in "Protecting Water Quality Control
in Urban Areas", published by the Minnesota Pollution Control Agency, or an
equivalent set of standards.
Schedule of anticipated starting and completion date of each land disturbing
activity, including the installation of construction site erosion control measures.
A plan of final site conditions on the same scale as the physical features map
showing the site changes including:
(1)
Finished grading shown at contours at the same interval as provided for the
existing contours, or as required to clearly indicate the relationship of proposed
changes to existing topography and remaining features,
(2)
A drainage plan of the developed site delineating in which direction and at what
rate storm water will be conveyed form the site and setting forth the areas of the
site where storm water will be allowed to collect.
(3)
The propo!5ed size, alignment, profiles and intended use of any structures to be
704/p4
Subdivision Regulations
erected on the site. (Ord. 93-05, 3-15-93)
(This Space Intentionally Blank.)
704/p5
SUBSECTIONS:
705.100:
Subdivision Regulations
SECTION 5
DATA FOR FINAL PLAT
DATA FOR FINAL PLAT
705.100:
705.101
705.102
705.103
705.104
705.105
705.106
705.107
DATA FOR FINAL PLAT:
The final plat shall be prepared by a qualified person who is a registered land
surveyor in the State of Minnesota. The plat shall conform to all State and County
requirements and the requirements of this Chapter.
A complete set of mylar copies of the entire plat with all required signatures.
A complete set of the entire plate reduced to the following scales: 1" = 100'; I"
= 200; reduction at no scale to 8 1/2" x 11" sheet of paper.
A complete set of construction plans and specifications for all public works
facilities for subdivision.
Plans and specifications shall be in accordance with the requirements as outlined
in the "Public Park Design Manual" .
An executed developer's agreement and payment of all fees. (Ord. 87-10,8-17-
87)
A subdivision planting plan shall be submitted at the same scale as the final plat
and in accordance with Section 6-7-1 of this Title. The plan shall indicate the
name, size and tentative planting space for each required subdivision tree. The
name, size and location of existing trees which will be utilized to satisfy
requirements of Section 6-7-1 shall also be shown. (Ord. 88-8, 2-16-88)
(This Space Intentionally Blank.)
70S/pi
SUBSECTIONS:
706.100:
706.200:
706.300:
706.400:
706.500:
706.600:
706.700:
706.800:
706.900:
Subdivision Regulations
SECTION 6
MINIMUM DESIGN STANDARDS
CONFORM TO APPLICABLE RULES AND REGULATIONS
STREETS
BLOCKS
LOTS
EASEMENTS
NATURAL FEATURES
STORM WATER AGREEMENT
PARK DEDICATION
UTILITIES
706.100:
706.101
706.102
706.103
706.200:
706.201
706.202
CONFORMANCE To APPLICABLE RULES AND REGULATIONS:
Minnesota Statutes sections 462.351 through 462,364.
Requirements of the City Code, the Comprehensive Plan and City Zoning
Ordinance.
State laws regulating to platting requirements and registered land surveys,
STREETS:
The arrangement of all streets, collectors and arterials shall conform to the
transportation section of the City of Prior Lake Comprehensive Plan. Except for
cul-de-sacs, streets shall connect with existing or dedicated streets and adjoining
subdivisions or provide for future connections to adjoining unsubdivided tracts or
shall be a reasonable projection of streets in the nearest subdivision. Streets shall
be designed and located in relationship to existing and planned streets. Such
design shall minimize the negative effect on the environment and on public
convenience and safety.
Street width and payment width shall conform to the minimum standards found
in Wggl~::::~::::::::(1Yip'gt:::m~gl@~:f~' Final design is dependent upon traffic volume and
soif"fac.tois......AfCothei...design factors must be in accordance with the "Public
Works Design Manual" .
t~i~::t9f~QI~M.::p~g~:::!q~:::*i:9!%:::I~:::::::::::::::::.~;:::*i:I!~f~ti
706/p 1
706.203
706.204
706.205
706,206
706.207
706,208
706.209
706.210
Subdivision Regulations
Local residential streets shall be laid out to conform as much as possible to the
topography, to discourage through traffic, to permit efficient drainage and utility
system and to provide a minimum number of necessary streets for convenient and
safe access to the property.
Half Streets: Half streets shall be prohibited, except where essential to the
reasonable development of the subdivision and in conformity with other
requirements of these regulations. In those instances where a half street is
accepted, the other half must be dedicated when the adjoining property is
subdivided, Any half street providing access to a lot shall not receive a building
pennit until the other half of the street has been platted.
Cul-de-sacs: The maximum length of a cuI-de sacs shall be five hundred feet
(500') measured along the center line from the intersection of origin of origin to
the end of right of way. If the development plan for the overall area calls for the
extension of the street, then an appropriate turn around must be developed.
Eyebrow cul-de-sacs shall not be permitted except under unique circumstances.
Grades: All center line grades shall be at least five percent (5 %) and shall not
exceed ten percent (10 % ).
Service Streets: Where a subdivision abuts or contains an existing or planned
major thoroughfare or a railroad right of way, the Council may require a street
approximately parallel to and on each side of such right of way for adequate
protection of properties and to afford separation of through and local traffic.
Reserve Strips: Reserve strips controlling access to streets shall be prohibited
except under conditions approved by the Council. (Ord. 87-10, 8-17-87)
Private Streets: Private streets shall not be approved, except that private streets
may be permitted in planned unit developments that have homeowner associations
approved by the City. Those private streets shall be platted as outlots, and shall
be designed and constructed in accordance with this Section; provided, the street
pavement may be contained within the outlot and the balance of the street right
of way may be contained within adjacent easements, provided that the combined
width of outlots and easements shall not be less than the right of way, pavement
width and easement requirements for public streets. This requirement may be
modified as part of the approval of a planned unit development if, in the sole
opinion of the City, such modifications preserve the intent of the ordinance.
(Ord, 95-09, 5-15-95)
Hardship to Adioining Property Owners Avoided: The street arrangements
shall not be such as to cause hardship to owners of adjoining property in platting
their own land and providing convenient access to it.
706/p2
706.211
706.212
706.213
706.214
706.300:
706.400:
706.401
706.402
Subdivision Regulations
Intersections: The angle formed by intersections shall be as close to ninety (90)
degrees as possible unless unique circumstances dictate a lesser angle.
Intersections of more than four (4) corners shall be prohibited. Roadways and
street intersections shall have right-of-way radii of not less than twenty five feet
(25'). Corners at the entrances to the turnaround portions of cul-de-sacs shall
have right-of-way radii of not less than thirty-five feet (35').
Deflections: Street right-of-way alignment must be straight or connected by
horizontal curves. Deflections are allowed only when adjacent to existing right
of way which contains deflections.
Access to Arterial: In any case where a proposed plat is adjacent to an arterial
street, there shall be no direct vehicular or pedestrian access from individual lots
to arterials. Unless unique circumstances dictate otherwise, access to arterials
shall be at intervals of not less than five-tenths (0.5) of a mile and through
existing and established crossroads.
In the platting of tracts of land that abut on arterial streets where there is no
access to existing entrances, a temporary access point may be granted by the
City. Provisions in such plats shall be made for the future connection to streets
over neighboring land. As the neighboring land is platted and/or developed, and
access becomes possible at the preferred location, such temporary entrance
permits shall become void.
Alleys: Alleys shall not be permitted by the City. (Ord. 87-10, 8-17-87)
BLOCKS: Blocks shall ordinarily not exceed one thousand feet (1,000') in
length. Where it is necessary for blocks to exceed this length, pedestrian ways
and/or easements may be required near the center of the block, (Ord. 87-10, 8-
17 -87)
LOTS:
Location: All lots shall have frontage on a publicly dedicated street or street that
the City determines has received legal status as a public street, either through fee
acquisition, easements, the procedure specified in Minnesota Statutes, Section
160.05, or any other means, except that platted lots in planned unit developments
may have frontage on a private street. Minimum frontage (lot width) on a street
shall be measured at the front yard building setback like as required by the
Zoning Ordinance or by the approved planned unit development plan. (Ord. 95-
09, 5-15-95)
Size: The lot dimensions and areas shall comply with requirements specified in
the Prior Lake Zoning Ordinance.
706/p3
706.403
706.404
706.405
706.406
706.407
706.408
706.500:
706.501
706.502
706.503
706.504
Subdivision Regulations
Side Lot Lines: Side lot lines shall be approximately at right angles to straight
street lines or radial to curved street lines.
Double Frontage Lots: Double frontage lots shall be avoided except where lots
back on an arterial or collector street.
Corner Lots: Corner lots for residential use shall exceed the minimum width and
area requirement for that district by twenty percent (20%). (Ord. 87-10, 8-17-87)
Wetland or Detention Pond: Any lot abutting or including a wetland or
detention pond within a residential zoning district, shall have one hundred percent
(100%) of the minimum lot six requirement for the zoning district, as identified
in the Prior Lake Zoning Ordinance, outside of the 100-year flood elevation of
the wetland or detention pond.
For all residential zoning districts, the subdivision grading plan shall indicate a
minimum setback of thirty feet (30') measured from the 100-year flood elevation
of the wetland or detention pond to the building pad or house location.
Lot Remnants: All remnants of lots below minimum size remaining after
subdivision of a larger tract must be added to adjacent lots rather than allowed to
remain as unusable parcels.
Butt Lots: Butt lots in residential districts shall be platted at least twenty percent
(20%) wider that the minimum width for that district. (Ord. 87-10, 8-17-87)
EASEMENTS:
Utilities: Easements at least ten feet (10') wide centered on rear and other lot
lines shall be provided for utilities, where necessary. There shall be continuity
from block to block.
Width: Easements for storm sewer, sanitary sewer, or water shall be a minimum
of twenty feet (20') in width. Additional width shall be provided when more than
one utility is in the same easement.
Drainage: Where a subdivision is traversed by a watercourse, drainage way,
channel or stream, there shall be provided a drainage and/or floodage easement
conforming substantially with the lines of the watercourse or its flood plain and
of such further width as shall be determined by the City Engineer.
Pedestrian Walkway Easements: Pedestrian walkway easements shall be
provided when deemed essential by the Director of Parks to provide circulation
or access to parks, schools, playgrounds, shopping areas, transportation or other
community facilities. Such easements shall be a minimum of ten feet (l0") wide.
706/p4
706.505
706.600:
706.601
706.602
706.603
706,604
706.605
706.606
706.700:
706,701
706.702
Subdivision Regulations
Planting and Viewinl!: The City Council may require planting or viewing where
deemed appropriate, Such easements may have vehicular assess restrictions.
(Ord. 87-10, 8-17-87)
NATURAL FEATURES:
Wild Life Habitat and Water Recharge Areas: Marsh areas which are part of
the proposed development shall be analyzed for purposes of preservation as
potential wild life habitat for birds and animals as well as to continue providing
water purification and recharge areas for the lake of Prior Lake. If th~ City
Council determines that marsh areas serve the public in one or more of these
functions then they may require preservation in whole or in part. Any alterations
or disturbance shall comply with the requirements of the Wetland Conservation
Act, and other legislation that may limit disturbance to wild life habitat and high
water recharge areas.
Filling of Draining: Wetlands must not be drained or filled, wholly or partially,
unless replaced by restoring or creating wetland areas of at least equal public
value, as permitted by the Wetland Conservation Act. (Ord. 93-05, 3-15-93)
Dredl!ing: Dredging water bodies for the purpose of increasing the number of
lots in any development shall not be permitted unless it is clearly documented that
it will not adversely affect the area's ecologic and hydrologic characteristics.
Sedimentation Traps: Wetlands and other water bodies shall not be used as
sediment traps during construction.
Slopes: Whenever possible, slopes of twenty percent (20%) or greater should be
disturbed and should be retained as private or public open space.
Pedestrian Links: Natural features shall be utilized to the extent possible as
pedestrian links between large recreation facilities to introduce elements of
diversity in residential living and eliminate monotony. (Ord. 87-10, 8-17-87)
STORM WATER MANAGEMENT CRITERIA FOR PERMANENT
FACILITIES:
The subdivider shall use the standards and guidelines presented in the 1989
edition of "Protecting Water Quality in Urban Areas", published by the
Minnesota Pollution Control Agency, or and equivalent set of standards.
The subdivider shall install or construct, on or for the proposed land disturbing
or development activity, all storm water management facilities necessary to
706/p5
706.800:
706.801
706.802
Subdivision Regulations
manage increased runoff so that the 2-year, lO-year and 100-year storm peak
discharge rates existing before the proposed development shall not be increased
and accelerated channel erosion will not occur as a result of the proposed land
disturbing or development activity. The subdivider may also make an in-kind or
monetary contribution to the development and maintenance of community storm
water management facilities designed to serve multiple land disturbing and
development activities undertaken by one or more persons, including the
subdivider. (Ord. 93-05, 3-15-93)
PARK DEDICATION:
The owners of any land being subdivided for residential, commercial, industrial
or other uses or as a planned unit development shall dedicate to the public or
preserve for conservation purposes or for public use as parks, playgrounds., trails
or wetlands or public open space a reasonable portion of the subdivided land. The
City has determined the land dedication requirement to be equivalent to ten
percent (10%) of the gross area of a subdivision. The amount of credit given for
land to be dedicated shall be based upon the land characteristics and in
accordance with the following schedule:
DEDICATION SCHEDULE
Land Characteristic Dedication Credit
Dry upland with undisturbed topsoil and 100%
slopes not exceeding 10 %
Land which the Developer has provided a 100%
minimum of 4" of topsoil, graded and does
not exceed 10% slopes
Unstable land with poor soils and slopes not 50%
exceeding 10%
Virgin woods with slopes less than 10 % 50%
Virgin woods with slopes which are greater 25%
than 10 %
Dry upland with undisturbed topsoil and 25%
slopes of 10-20%
Unstable land with poor soils and slopes 0%
greater than 10% or wetlands, N.U.R.P.
ponds, and water retention areas which are
deemed not suitable for park purposes
Dedicated land shall be made suitable by the developer for its intended use as
706/p6
706.803
706.804
706.805
706.806
706.807
Subdivision Regulations
parks and playgrounds, trails, or public open space. The City shall determine the
final condition of the land which is to be dedicated and the Developer shall e
responsible for grading, topsoil, and turf establishment unless otherwise directed
by the City Manager or his/her designee. The City shall provide the Developer
with grading plans for the dedicated park and trails and will also provide
specifications for topsoil and turf grass.
The City further reserves the right not to accept land which in its discretion is not
useable for the aforedescribed purposes, does not provide park facilities in the
locations set forth in the City's Comprehensive Plan, or land which would require
extensive expenditures on the part of the public to make them useable.
At the City's option, the subdivider shall contribute and equivalent amount in
cash, or in cash or land, in lieu of all or a portion of the land which the City may
require such owner to dedicate pursuant to subsection 706.801. The cash llmount
shall be based on the fair market value of the land reasonably required to be
dedicated, with said value being determined no later than at the time of final plat
approval.
Whenever the term "dedicate" is used in this Section, it shall mean a dedication
to the City of land or cash, or both, whichever the City, at its option, shall
require. The dedication shall be made prior to the City's release of the final plat
for filing.
In instances where cash is required in lieu of land, payments as required by this
Title shall be made prior to the City Manager releasing the final plat to the
subdivider. The cash portion of the calculation shall be made as follows: 10%
of the value of the land per acre as determined by the City, times the gross
acreage of the plat.
Where the owner provides in the subdivision for the public use neighborhood park
amenities such as, but not limited to, tennis courts, ball fields, open space or
other recreational facilities, the City may reduce the amount of land to be
dedicated or the cash contribution in lieu of such dedication by an amount
equivalent to the documented cost of the facilities provided. Amenities which are
provided by the Developer must meet the specifications of the City and other
standards as the City may require. If this provision applies the City shall
determine the value of the amenity and adjust the dedication to reflect said value.
Prior to the dedication or preservation of such land for public use, or both, the
subdivider shall deliver to the City an opinion addressed to the City, and in a
form acceptable to the City, as the City may rely upon and acceptable to the City
Attorney as to the condition of the title of such property, or in lieu of a title
opinion, a title insurance policy from a title company acceptable to the City
insuring the required public interest in the preservation or dedication therein.
706/p7
706.808
706.900:
706.901
706.902
706.903
706.904
Subdivision Regulations
Immediately upon filing of the final plat or other appropriate subdivision
documents, the subdivider shall file for recording all easements, deeds or other
conveyances of property required as a condition to the subdivision plat approval,
and provide evidence to the City. No building permits shall be issued to any lot
or parcel in said plat until all such documents have been executed and filed. (Ord.
87-10, 8-17-87)(amd. Ord. 96-15, 7-1-96)
(amd. Ord. 89-08, 12-18-89, amd. Ord. 96-15, 7/1/96)
UTILITIES:
In all new subdivisions requiring the installation of utilities, all utility cables and
pipelines shall be placed underground. Transformers and pad mounted switching
centers for electricity, line treatment and distribution points for telephone and
television services, and pressure regulating and monitoring devices for natural
gas, will be allowed to remain above ground. Any other facilities or other
similar associated utility services constructed on public or private property shall
be placed underground.
In all subdivisions platted prior to the effective date of this Section, where
installation of utilities has not commenced, all utility services must comply with
subsection 706.901.
Three-phase feeder lines will be allowed to remain above ground subject to
approval by the City Engineer.
All utility companies installing utilities within public rights of way must obtain
a permit from the City Engineer prior to the installation of the utility. (Ord. 90-
08, 7-2-90)
(This Space Intentionally Blank
For Future Amendments)
706/p8
SUBSECTIONS:
707.100:
707.200:
707.300:
707.400:
707.500:
707.600:
707.700:
707.800:
707.900:
707.1000:
707.1100:
707.1200:
707.1300:
707.1400:
707.1500:
707.1600:
707.1700
Subdivision Regulations
SECTION 7
IMPROVEMENTS REQUIRED
TREES REQUIRED FOR NEW SUBDMSIONS
TOPSOIL AND SODDING
SIDEWALKS AND DRIVEWAYS (REp. BY ORD. 95-05
CURB-STOP ADJUSTMENTS
STREET LIGHTING
STREETS
CURB AND GUTI'ER
WATER SUPPLY
SANITARY SEWER
DRAINAGE
CLEANING STREETS
SECURITY AGREEMENT
PAYMENT FOR INSTALLATION OF IMPROVEMENTS
REQUIRED DEVELOPMENT CONTRACT FOR INSTALLATION
OF IMPROVEMENTS
FINANCIAL GUARANTEE FOR SUBDIVIDER INSTALLED UTILITIES
FINANCIAL GUARANTEE FOR CITY INSTALLED UTILITIES AT THE
SUBDIVIDER'S REQUEST
WARRANTy/MAINTENANCE BOND
707.100:
707.101
TREES REQUIRED FOR NEW SUBDIVISIONS: In new subdivisions, trees
shall be planted on each lot. Permitted tree species and placement shall be in
accordance with details on file in the office of the City Planner. 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:
Required Subdivision Trees:
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.
Caliper: A minimum of two and one-half inches (2 1/2 ") in trunk diameter
measured at ground level,
Location: Street trees shall be planted inside the front property line at a distance
of at least four feet (4') from the front property line and not more than ten feet
(10') from the front property line. Front yard trees shall be planted in the front
yard but at a distance of at least four feet (4') from the property line.
707/pl
707.102
707.200:
707.300:
707.301
707.302
(1)
(2)
(3)
Subdivision Regulations
No required subdivision tree shall be planted inside of any drainage or utility
easement or within a forty foot (40') clear view triangle on corner 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 corner 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. Location requirements shall apply to rear yards of lakeshore
lots.
Wooded Areas: Wooded lots may be exempt from the provision of this Section
provided that existing tree cover fulfills the aforementioned requiremems for
street and front yard trees. (Ord. 88-8, 2-16-88)
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. (Ord. 87-10, 8-17-87)
SIDE\VALKS AND DRIVEWAYS:
Purpose: The intent of this Section is to provide guidance for sidewalk
construction and to accommodate a range of location and design options for new
developments.
Objectives:
Sidewalks are desirable improvements which promote the public safety and
welfare; and they are appropriate features for all multiple residential and
commercial/industrial projects, adjacent to schools, churches shopping facilities,
and within residential developments.
Sidewalks are encouraged to separate pedestrians from vehicular traffic, thereby
affording more safety for pedestrians; to encourage a pedestrian mode of
transportation, which conserves energy by decreasing automobile useage; and to
provide a safer area for handicapped persons and children to use.
The emphasis of sidewalk construction should be on improving the pedestrian
experience by provision of landscaping, such as boulevard trees, and to provide
safe crossings, through the use of landscaped medians, brick pavers at street
crossings or use of colored and stamped concrete to physically and aesthetically
identify the pedestrian cross walk separate from the street system.
707/p2
707.303
(1)
(2)
(3)
707.304
(1)
(2)
(3)
Subdivision Regulations
Required Sidewalks:
Sidewalks shall be required for all new projects where a means of pedestrian
access from the development to schools, parks, churches, business or industrial
developments, adjacent neighborhoods, transportation facilities, or for unusually
long blocks is necessary in order to meet the purpose and objectives of the
Comprehensive Plan and of this Title. Table 1 contains the guidelines related to
the location, installation and maintenance of sidewalks within the City of Prior
Lake. The City Council shall make the final determination of the type and
location of sidewalks to be installed.
Paved or concrete paths that may not strictly follow the street may be permitted
by the City Council. Bituminous material may not be used for paths to be located
within the front yards of residential properties.
Paths in common area or other locations away from streets which are typically
found in planned unit developments or cluster developments generally should be
integrated into the detailed area plan or layout permitting visual surveillance of
the path from the street or nearby houses.
Standards:
Sidewalks shall be made of concrete, five feet wide. AN eight foot concrete
sidewalk will be required in high density areas where safety is a concern,
including but not limited to, commercial and industrial areas, multi-family areas
and school zones.
Sidewalks should be located within a public right-of-way, public easement, or
common area, or at least one foot (1') inside of the right-of-way line. A border
area or grass strip located between the street edge of the sidewalk and curb face
shall be installed to provide a visual break between the paved surface of the street
and sidewalk; a suitable location for planting of boulevard trees, landscape, snow
storage, and provide pedestrian safety by further moving the sidewalk from the
road surface. (See Engineering Design Guidelines Manual, Standard Plate 701
for a detail related to the border/grass strip design.)
Along certain streets, a continuous sidewalk, without a grass strip will be
required where the City Council determines that turf maintenance will likely be
a problem and pedestrian traffic is considerable,
(4)
Sidewalk street crossings shall be located at a point along the road that offers
adequate sight distance as determined by the City Engineer.
(5)
Barrier curbs (vertical curbs) six inches (6") high shall be provided along
collector streets or streets located in commercial or industrial areas adjacent to
sidewalks to prevent vehicles from leaving the roadway, control drainage, protect
707/p3
Subdivision Regulations
pavements edges and protect sidewalks, lawns, utilities signs and street trees from
encroachment by vehicles.
(6) Curb cuts shall be provided for bicycles, wheelchairs, baby carriages, and other
wheeled vehicles. MnDOT Standard Plat 7036D as amended form time to time
should be used as the standard for design and installation of curb ramps compliant
with the Americans with Disability Act (ADA) requirements. In addition, the
following principles should be observed in considering ramp construction,
a, A curb cut ramp shall be located close to the intersection to keep the
width of the crosswalk to a minimum. Minor obstacles including Qut not
limited to mail boxes or newspaper dispensers, should not be cited as a
basis to omit the curb cut.
b. Ramps shall be constructed by depressing the curb and sidewalks. to the
height required for achieving the ramp slopes and landing areas needed for
safe pedestrian and wheelchair movements and consistent with ADA
requirements.
c. The surface of the ramp shall be rougher than the texture used on the
surrounding sidewalk. This effect may be obtained by coarse brooming
or scoring transverse to the slope of the ramp.
(7) When sidewalks cross streets, a treatment such as striping, landscaping medians,
colored or stamped concrete or signs to identify the crosswalk as approved by the
City Engineer, shall be installed by the Developer.
(8) In development projects that contain hills or steep topography, the sidewalk
pattern shall conform as closely as possible to the standards found herein and to
connecting walkways.
(9) Sidewalks may be narrower than otherwise required to fit the terrain when
approved by the City Council.
707/p4
Subdivision Regulations
TABLE 1
GUIDELINES FOR LOCATION, CONSTRUCTION,
AND MAINTENANCE OF SIDEWALKS IN NEW DEVELOPMENTS
Street Type None Or # Sidewalks Both Sides Installation Paid Maintained By
1 Side 1 Or 2 Sides By Dev/City/* Owner/City
Local X Developer Owner/City
Minor X Developer Owner/City
Collector
Major X City /* Owner/City
Collector
Minor X City/* Owner/City
Arterial
Major X City /* Owne~/City
Arterial
Principal X City/* Owner/City
Arterial
*Other jurisdiction such as MnDOT and Scott County.
Notes:
~
If improvement is not listed in the City CIP, the developer
will be responsible for cost and installation of sidewalk
system.
~ The City Engineer may recommend that sidewalks be
installed on local streets or on one side of a minor collector
when a trail also serves the street or where topographical
or traffic conditions warrant.
707.305
Driveways: Driveways shall be graded to final grades, with the mmnllum
acceptable driving surface to include four inches (4") of aggregate base.
The subdivision grading plan shall indicate that location and slope, for all
driveways within the proposed subdivision, and according to the requirements of
the Zoning Ordinance and the City Code. (Ord. 95-07, 3-20-95)
707.400:
CURB-STOP ADJUSTMENTS: The builder shall make all necessary
adjustments to the curb stops to bring them flush with the surface prior to the
issuance of a certificate of occupancy. (Ord. 87-10, 8-17-87)
707.500:
STREET LIGHTING: Street lighting shall be provided to conform with
standards as adopted by the Council. (Ord. 87-10, 8-17-87)
707/p5
Subdivision Regulations
707.600: STREETS: The fun width of the right of way of each street dedicated in the plat
shall be graded. All streets shall be constructed in accordance with the "Public
Works Design Manual. 11 (Ord. 87-10, 8-17-87)
707.700: CURB AND GUTTER: A concrete curb and gutter shall be installed on both
sides of each street dedicated in the plat where curb and gutter are required.
Concrete curb and gutter shall be required on both sides of each street in all
subdivisions. (Ord. 87-10, 8-17-87)
707.800: WATER SUPPLY: Watermains shall be provided to serve the subdivision by
extension of an existing community system. Water shall be supplied to each lot.
Service connections shall be stubbed to the property line and fire hydranfs shall
be provided as required by the City Engineer. The design of the water system
shall be in accordance with the "Public Works Design Manual. 11 (Ord. 87-10, 8-
17 -87)
707.900: SANITARY SEWER: Sanitary sewer mains and service connections shall be
installed to serve all lots and interconnected with the public system. Lots that are
buildable that do not have public sewer available shall have on-site sewage
disposal system for each lot. Such system shall be property located and
documented on a site plan furnished to the City Building Official. Percolation
tests from the site conducted by a registered individual in Scott County shall be
submitted to the Building Official. (Ord. 87-10, 8-17-87)
707.1000: DRAINAGE:
707.1001 A drainage system as approved by the City Engineer shall be provided.
707.1002 Storm water detention facilities constructed in the City shall be designed
according to the standards reflected in the 1989 edition of the MPCA publication
"Protecting Water Quality in Urban Areas," and the design criteria from the
National Urban Runoff Program. (Ord. 93-05, 3-15-93)
707.1100: CLEANING STREETS: The subdivider shall remove all soil and debris from
and clean all streets within the boundaries of the subdivision at least every two
(2) months and within one week from the date of any request by the City until
such time as such streets and improvements are accepted for ownership and
maintenance by the City. The method of clearing shall consist of sweeping the
street with a mechanical pickup broom or other methods as approved by the City
707/p6
Subdivision Regulations
Engineer. (Ord. 87-10, 8-17-87)
707.1200: SECURITY AGREEMENT: If any improvements that are required under
Subections 707.100, 707.200 and 707.400 are not completed at the time of
issuance of a certificate of occupancy during the period of November 1 through
April 15, the owner or builder shall furnish to the City cash or a letter of credit
in an amount equal to one hundred percent (100%) of the Planning Director's
estimate cost of such improvements. In the event the required improvements are
not installed within sixty (60) days following April 15, then the City or its agent
shall install such improvements. (Ord, 87-10, 8-17-87)
707.1300: PAYMENT FOR INSTALLATION OF IMPROVEMENTS: the required
improvements, listed and described above, are to be furnished and installed at the
sole expense of the subdivider and at no expense to the City. However,' in the
case of an improvement which would, by general policy of the City, be assessed
only in part to the improved property and the remaining cost paid by the City, the
Council reserves the right to provide for payment of a portion of the cost by the
subdivider and a portion of the cost by the City. Provided further, however, if
any improvement installed within the subdivision will be of benefit to lands
beyond the boundaries of the subdivision, the Council and City reserve the right
to elect to install all or any part of the improvements required under the
provisions of this Title in lieu of requiring the subdivider to install such
improvements, pursuant to Minnesota Statutes, chapter 429, as amended. In such
cases, the subdivider will be required only to pay for such portions of the entire
cost of said improvements which represent the benefit to the property within the
subdivision. (WP. 87-10, 8-17-87)
707.1400: REQUIRED DEVELOPMENT CONTRACT FOR INSTALLATION OF
IMPROVEMENTS: Prior to the installation of any required improvements and
prior to approval of the final plat, the subdivider to furnish and construct all
required improvements or requesting the City to install the improvements at the
sole cost of the subdivider in accordance with plans and specifications on the file
with the City Engineer and usual contract conditions. The City Engineer shall
have the authority to correlate the work to be done under said contract by any
subcontractor authorized to proceed thereunder with any other work being done
in the vicinity. The development contract shall require the subdivider to make
an escrow deposit or, in lieu thereof, furnish performance bonds as described in
subsections 707.1501 through 707.1503, to insure the improvements will be
completed in accordance with the development contract. Acceptance of
improvements by the City Engineer may be subject to such reasonable conditions
as he may impose at the time of acceptance. The subdivider through his engineer
shall provide for competent daily inspection during the construction of all
improvements. As-built drawings with service and value ties on reproducible
707/p7
Subdivision Regulations
mylar shall be delivered to the City Engineer within one hundred twenty (120)
days of completion of the improvements together with a written certification from
a registered civil engineer that all improvements have been completed, inspected
and tested in accordance with the approved plans on file in the office of the City
Engineer. (. 87-10, 8-17-87)
707.1500: FINANCIAL GUARANTEE FOR SUBDIVIDER INSTALLED UTILITIES:
In the event the subdivider chooses to install the improvements, then the
development contract as set forth in Section 707.1400 shall require the subdivider
to make an escrow deposit, furnish a performance bond, make a cash deposit or
file a letter of credit, at the option of the City, prior to final plat approval, as
follows:
(1) A cash escrow deposit shall be made with the City Finance Director in.a sum
equal to one hundred twenty five percent (125%) of the project cost as estimated
by the City Engineer.
(2) Performance Bond: In lieu of making a cash escrow deposit, the subdivider may
furnish the City with a performance bond with surety and conditions satisfactory
to the City in a sum equal to one hundred twenty five percent (125%) of the City
Engineer's estimate of the project costs.
(3) Letter of Credit: The subdivider may file with the City an irrevocable letter of
credit. The letter of credit shall be in a form acceptable to the City Attorney.
The letter of credit shall be in an amount equal to one hundred twenty five
percent (125 %) of the total project cost as estimated by the city Engineer. (. 87-
10, 8-17-87)
707.1600: FINANCIAL GUARANTEE FOR CITY INSTALLED UTILITIES AT THE
SUBDIVIDER'S REQUEST: In the event the city installs the improvements as
per subection 707.1400, a cash deposit will be required. The subdivider will be
required to deposit with the City an amount equal to twenty five percent (25 %)
or more of the total project cost. The total project cost will be determined by the
City Council. The development contract shall provide that the city will install the
improvements and assess all benefiting lots in accordance with the policies on file
in the office of the Director of Finance. (,d). 87-10, 8-17-87)
707 .1700: WARRANTy/MAINTENANCE BOND: The City shall require where
appropriate a warranty/maintenance bond of a subdivider in an amount equal to
the original cost of the improvements which shall be in force for one year
following acceptance of any required improvements and shall guarantee
satisfactory performance of such improvements, (Ord. 87-10, 8-17-87)
707/p8
Subdivision Regulations
(This Space Intentionally Blank
For Future Amendments.)
707/p9
SUBSECTIONS:
708.100:
Subdivision Regulations
SECTION 8
REGISTERED LAND SURVEYS
REGISTERED LAND SURVEYS
708.100:
REGISTERED LAND SURVEYS: All registered land surveys shall be presented
to the City Council in the form of a final plat to be processed in accordance with
standards set forth in this Chapter for final plats. Registered land surveys shall
only show existing property lines and easements and other existing features as
may be appropriate. (Ord. 87-10, 8-17-87)
(This Space Intentionally Blank
For Future Amendments.)
708/pl
SUBSECTIONS:
709.100:
Subdivision Regulations
SECTION 9
VARIANCES
VARIANCES
709.100:
VARIANCES: The Council may grant a variance from these regulations upon
receiving a report from the Planning Commission in any particular case where the
subdivider can show by reason of exceptional topography or any other physical
conditions that strict compliance with these regulations would cause exceptional
and undue hardship, provided such relief may be granted without detriment to the
public welfare and without impairing the intent and purpose of these regulations.
The Planning Commission may recommend variances from the requirements of
this Chapter in specific cases which, in its opinion, would not affect the intent of
the Comprehensive Plan or this Chapter. Any variance thus recommended shall
be entered into the minutes of the Planning Commission, setting forth the reasons
which justify the variance. A variance application shall be filed with the
subdivision application. (Ord. 87-10, 8-17-87)
(This Space Intentionally Blank
For Future Amendments.)
709/pl
SUBSECTIONS:
710.100:
710.200:
710.300:
Subdivision Regulations
SECTION 10
CONVEYANCE BY METES AND BOUNDS
PARCELS OF RECORD
COUNCIL RESOLUTION WAIVING REQUIREMENTS
BUILDING PERMITS IN VIOLATION OF THIS CHAPTER
710.100:
(1)
(2)
(3)
710.200:
710.300:
PARCELS OF RECORD: No conveyance of land within the City shall be filed
or recorded if the land is described in the conveyance by metes and bounds, by
reference to an unapproved registered land survey made after April 1961, or by
reference to an unapproved plat made after March 18, 1974. The foregoing
provision does not apply if the land described in the conveyance:
Was a parcel of record prior to March 18, 1974.
Is a parcel of land not less than five (5) acres and having a width of not less than
three hundred feet (300').
Is a parcel of land not less than one acre and is located in the rural service ares
as defined by the City Comprehensive Plan.
COUNCIL RESOLUTION WAIVING REQUIREMENTS: In any case in
which compliance with the foregoing restrictions will create an unnecessary
hardship and failure to comply will not interfere with the purpose of this Chapter,
the Council may waive such compliance by the adoption of a resolution to that
effect and the conveyance may then be filed.
BUILDING PERMITS IN VIOLATION OF TillS CHAPTER: No building
permits shall be issued for construction or alteration of any building or structure
on any parcel of land which is conveyed in violation of the provisions in Section
711 of this Chapter. (Ord. 87-10, 8-17-87)
(Reserved For Future Amendments)
71O/p 1
SUBSECTIONS:
711.100:
711.200:
711.300:
711.400:
711.500:
Subdivision Regulations
SECTION 11
VIOLATIONS, ENFORCEMENT
AND PENALTIES
SALE OF LOTS FROM UNRECORDED PLATS
RECEIVING OR RECORDING UNAPPROVED PLATS
MISREPRESENTATION AS TO CONSTRUCTION, SUPERVISION OR INSPECTION OF
L"fPROVEMENTS
ENFORCEMENT REMEDlliS
ENFORCEMENT PENALTlliS
711.100:
711.200:
711.300:
711.400:
SALE OF LOTS FROM UNRECORDED PLATS: It shall be unlawful to
sell, trade or otherwise convey any lot or parcel of land as a part of, or in
conformity with any plan, plat or replat of any subdivision or area located within
the jurisdiction of this Title unless said plan, plat or replat shall have first been
recorded in the office of the Scott County recorder.
RECEIVING OR RECORDING UNAPPROVED PLATS: It shall be unlawful
to receive or record in any public office any plans, plats or replats of land laid
out in building lots in streets, alleys, or other portions of the same intended to be
dedicated to public or private use, or for the use of purchasers or owners of lots
fronting on or adjacent thereto, and located within the jurisdiction of this Title
unless the same shall bear thereon, by endorsement or otherwise, the approval of
the City Council.
MISREPRESENTATION As To CONSTRUCTION, SUPERVISION OR
INSPECTION OF IMPROVEMENTS: It shall be unlawful for any person,
firm or corporation owning an additional or subdivision of land within the City
to represent that any improvement upon any of the streets, alleys or avenues of
said addition or subdivision or any sewer in said addition or subdivision has been
constructed according to the plans and speculations approved by the City Council,
or has been supervised or inspected by the City, when such improvements have
not been so constructed, supervised or inspected.
ENFORCEMENT REMEDIES: The City Council, in addition to other remedies
as set forth herein, may institute in the name of the City of Prior Lake any
appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any
violations of this Title,
7111p1
SUBSECTIONS:
712.100:
Subdivision Regulations
SECTION 12
AMENDl\1ENTS
AMENDMENTS
712.100:
712.101
712.102
(3)
(4)
AMENDMENTS: The City Council may by a majority vote of its members
amend this Chapter as proposed by the City Council, Planning Commission, staff
or by a petition of a person owning property within Prior Lake in accordance
with the following provisions:
Petitions by property owners for amendment shall be filed with the Planning
Director on a form available in the Planning Department. Upon such filing, all
petitioners shall pay a filing fee in accordance with a schedule determined
annually by the City Council.
The procedure for a proper owner initiated amendment is as follows:
(1)
The completed application form together with any other exhibits as may be
required by the Planning Director shall be filed with the Planning Department.
(2)
The Planning Director shall establish a hearing date and publish notice of the
hearing together with a summation of the amendment at least once and not less
than ten (10) days prior to the hearing in the official newspaper of the City.
The Planning Commission shall hold the public hearing and shall recommend
within sixty (60) days' approval, denial or conditional approval, transmitting its
recommendation to the City Council for official action.
The City Council shall act upon the application within sixty (60) days after
receiving the recommendation of the Planning Commission. (Ord. 87-10. 8-17-87)
(This Space Intentionally Blank
For Future Amendments.)
712/p1