HomeMy WebLinkAbout109-14 Private Streets/ ~ PRIOR
N ~ 4646 Dakota Street S.E.
U x Prior Lake, MN 55372-1714
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CITY OF PRIOR LAKE
ORDINANCE NO. 109-14
AN ORDINANCE AMENDING SECTION 701 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that Section 701 of the
Prior Lake City Code is hereby amended to add the following language:
701.900: PRIVATE STREETS:
701.901 Private Streets Identified:
(1) All streets identified as private on the City's Official Street Map shall be
considered private for maintenance purposes.
(2) The following streets shall be considered private:
a. Streets contained within outlots or lots under private ownership
as detailed in Development Contracts with the City
b. Streets contained within outlots or lots under private ownership
without a public right of way or roadway easement
c. Streets or driveways constructed within public right of way under
a "Private Use of Public Property" permit
d. Streets platted as "Drive", "Driveway" or "Road" without
reference to City or public dedication on the plat unless currently
maintained or formally accepted by City Council Resolution
701.902: City Maintenance of Private Streets: City Maintenance on Private
Streets shall be limited to the following:
(1) Repair of damage directly due to the City's maintenance of trail, water,
sanitary sewer and storm water systems.
(2) Maintenance as detailed in written agreements that demonstrate they
were approved by resolution by the City Council.
(3) Snow removal for access of utilities shall be limited to emergency
situations only.
(4) Application of winter maintenance ice control and snow removal
measures shall not be done on private streets unless requested by the
Fire Chief or Police Chief for emergency vehicle access.
701.903 Process to Petition for Adoption of Private Street as Public Streets
(1) Any petition requesting a Private Street be adopted as a Public Street
must include the signatures of 100% of the property owners having
interest in the roadway.
(2) Ownership of the existing right of way or required easements must be
transferred to the City.
(3) A registered land survey of the proposed public right of way must be
provided to the City.
(4) The existing right of way or easements shall be a minimum of 40 feet in
width and shall be reviewed by the City Engineer to determine whether
additional width is necessary for maintenance of the street. Any costs
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associated with providing the necessary right of way shall be the
responsibility of the petitioner(s).
(5) All costs associated with the transfer of the street maintenance
responsibilities shall be paid by the petitioners.
(6) An evaluation of the street and condition shall be completed by City Staff
prior to acceptance. The City Council may require upgrade or
reconstruction of the street prior to acceptance by the City at 100% cost
to the petitioners. If upgrade or reconstruction is not required the street
shall be included in the City's standard maintenance policy for
maintenance.
(7) Whether to approve or deny the petition for a private street to be
accepted by the City and thereafter considered "public" is within the sole
discretion of the City Council.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 7th day of December, 2009.
ATTEST:
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City M a e
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Published in the Prior Lake American on the 12th day of December, 2009.
M:I000NCIL\Ordinance120091109-14 Private Streets,doc