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HomeMy WebLinkAbout87-010CITY OF PRIOR LAKE ORDINANCE NO. 87- 10 t z `AN ORDINANCE AMENDING IN THEIR - ENTIRETY CITY of PRIOR CITY CODE TITLE 6 AND THE CITY OF PRIOR, LAKE SUBDIVISION ORDINANCE. LaICE ` The Council of the City of Prior make does hereby ordain Title 6 of the Prior Lake City Code, and the Prior Lake S Ordinance are heriby amended in their entret ubdiv current ision Provisions and substitut the followin y by deleting the g Provisions. ;. SUBDIVISION REGULATIONS CHAPTER I GENERAL ROVISIONS SECTION: Title rpos• A dministrative ministrative Plat Compliance TITLE:' These regulations shall be cited' as the Prior Lake Subdivision Ord 'nanc.�d may be �r. PURPOSE The process of dividing or subdividing land'' V a c most impint ant factors fn the row Other activities have a more lasting off !or ther Haas, is one Of environment and uo g th of Prior Lake general g act pn the Cit �s a p Few subdivided and streetsP�l c impression. Once C i t land ha abrcn fi homes and other completed, the basic character of this general impr to ovements community becomes firmly established Permanent additi.the completed the subdivision m provements are inst • When the develop becomes the Cit led, it •r has ' �s res nsibilty to maintain the streets and-roads process and ial yy po and pprovid.warious other `of thi anti a rf fPublic services. l►s a result ...munity is affect in man iapo , the welfare chapter is therefore ado ted to establish minimum stand's ev _ delopers and the p y rtant respects. abli This' general % Public and to ensure 'that subdivs ions it conceived and'desi geed °to contribute toward an attractive, wholesome, orderly and safe community, The right to develop should not be take 1s lightl The goal is to h viiew the development to contribute rtabls process as an obl qa�t n ribute an attracti I owners and moreover, for the existing and safe subdivision for futuri 6 -1 -3s residents of Prior Lake. ADMINISTRATIVE PLAT: ivision a uor represents tive may authorize subd (A) The division. will. not re pon finding: res ult in more than three 3 The property ) be s ( ) Parcels. �n ` subdivided is a lot of record in the office of the County Recorder of Scott County, (C) The resulting parcels � ` area Of existing or anticipated I1 d rsubdivih� chap "° and surrounding areas. sions n the ` (D) The division will not cause any structure on the land °to b in violation of the Zoning Ordinar►ce. ($) Any easements which may be reQu!red by the ,city scat be granted. (F) The owners of land contiguous to the in writing and no written objection rcivz! vitha ton following notification. �! ( ) (G) Appeals :. any writt,an obiect�ion shall constitute appeal. Such an, objection shall be forwarded to the City Council who shall hear the objection decide ma tt er. Prior to caking the a deciion the Council as re Planning Commissions to review y Quest th e matter a,nd make< 6 -1 -fir sF COMPLIANCE: Excerpt as k band shall b s Provided in Seckion 6 -1 -; no 4 way wh h subdivided not i in a developed or improved, in any contoriia ft,I • i f se regulations. All V the subdivisions and hersafter'sub'iaitted for •p royal of l shall full com 1 Y with P , ssu forth herein. Y P Y� �n all respect with the regulations CHATER P z` DEFINITIONQ r. „SECTION: 6 - - it Definitions j 6-2-1: DEFINITIONS Fo;r the ^� the tain - terms and words arer h rib ° a fined Mards 4! include tplurashall i thi plur l th sit a si lad num in ber shall includes a co oration and uninco n tar' a word ' "persons•` "shall 's is mandatory and the word Na is e d' association. Thi word Y permissive. BLOCK: A tract• of land tiounded b streets or a� combination of st "rests y railroad rights -of -way �h ri�� eaeter.ies or co waterways rporate boundary BOULEVARD: Of the City. The portion a'it th between e street ght =of -wa J he curb a 'r nd °the property line. Y BUILDING Any struotur o the s land. ' r Part thereot, affixed to BUILDING LINE: The line nearest the front of and lot establishing the min across a mua open, space to be -Z- 1 d 41 ILL 1111,7 provided between the front line of buildings and structures and the front lot line. ` BUTT LOTS; 9 Any lot located immediately between tvo corner lots. COMMISSION: The Prior Lake City Planning Commission, Prior Lake, Minnesota. COMPREHENSIVE PLAN: The comprehensive develo poennt plan made and by adopted the City of Prior Lake indicated the general locations recommended for major , thoroughfares, streets, park*,,, pubrio D_ buildinngs,' soninq districts, and other public improvements. COUNCIL: The Prior Lake City Council, City of Prior Lake, Minnesota. CUL- DE. -BAC (Court A short minor., street, having one and open to or David End traffic and being permanently terminated by a vehioularturn:- around. EASEMENT: ; A grant by the property owner for • a temporary or pe rmanent use of a strip of land by the public, a- corporation, or for specific purposes. i FINAL PLAT: T drawing or map of a subdivision roposed to for filing and recording pursuant M.89 i " Cha tat SOS and con aletients and aeitanq all regniraint s a e h�s r • i n . enumerated. GRADE, PERCENTAGE OF: The rise or ,,fall of vi at root by foot and tenths of a " foot for each one hundred fast (100„) of horizontal distance measured at the center li of the street. HALF STREET: A street divided longitudinally by a property . lire. INSPZCTOR: hn authorised r �resentatiye of the ColuIcil' � a ssigned to usJco any or, all neces'sar f inspections o! the work performed anxr materials furnished by the'dwslcpsr. ;AND SURVEYOR: A registered land surveyor capable of T ' pre grin o ineerin ' P q q q plans , forte land, subdivision plats. A portion of a subdivision or other parcel el! land capable of being occupied by one or more structures and intended as a unit 'for transfer of ownership or for develop ant. LOT CORNERt A lot situated at the junction', of and abutting on two -or; more intersecting streets. -3- 4. .`} u `w.«.'Mpyy4L7$ " "'d`kvt- .5"G` tai$ 1` �ai0iT5c�M"hfiBT�tWS.wmw.,un+r ...,ten x r .w ,_ -.- . , , vrtenlYi w-X.. .Y .. }y`l " x � t � The mean h orizontal distance between the 4 LOT DEPTH. front and roar lines of a lot. �II LOT DOUBLE FRONTAGr4l of which opposite ends abut or streets. LOT OF RECORD:,,, Any valid lot which at the time of recodinq, complied with all applicable laws, ordthances and regulations. LoT REMNANT. All pieces of land that reaa.in after subdivision, of a larger tract which are below minimum lot ilize and which generally do not have a specific purpose. LOT WIDTH: The width " ieasured at the fr�or:E setback line. x9TA8 AND HOUNDS: A method of propert de oription' w hereby /f pp roperties are 'descry by means of their eirections and 4°ista6ge from, an easily identifiable location.,,� f�o�TLOT; A arcel of land or, ./ a plat! vith,� s ,, ecific i .. future -pur se i aus i , not been }designated .{ a. buildable o. o,, insufficient size V or, frontage, pe %sul;iar sits � haracteristics, to aphical ► robleas or" one which ��s no . rjady for devf opment due to lack 0 f public improvements. PATMEM An unit , ! land, platted or described by metes argil bounds or combination thereof subject /to this Subdivision Ordinance ana other,, city ordinances. PLi►Ts A vap - o,; chart indicating the or subdivision .. . ' ra- sub&visicn, land, intended to bs =filed ; or record.• NARY PLi1Ts A formal la out of a proposed ` subdivisian PRBLIKI yy meeting all' ; 're,quir +Rents as herein enumerated. RIGHT -OF -WAY: !� Land dedicated and publicly own ed ''for use a y s a street, alley or, crosswalk. ; 8ETBACIC LINl;'i Lines. that delineate tltit re4uired distances for the location of a , %strUcture in relation to the perimeter -)of th'i p rty', as defined in the Prior ,,Leke E,oni ; C and is deed n restrictions when apF�li le. gTgaZT ; R public :thoroug3 'faze for vehicular _,and pedestrian traffi c: l" StTaD=ViDER Any • °person who undertakes the suk±!lvieon_ .o land as definedhtirein. The subdivider say be the owner or ''t,'tis authorized , a eat of ..the own er'of the 3`snd to be subCividsd. r r Ct illC4 +;; i Ahb`i.,�.'Y°N�`T.WaW SUBDIVISION; The divi sion of a parcel of land into two or more lots or parcels by any means includingq platting, registered land survey and by conveyance metew and bounds. There a propriate to the context, "subdivision" to the shall relate process of subdividing or to the land to be subdivided. WAT'ERCOTRSE A waterway or floodway that is delineated by erosio natural features, man made impprovements or other improvements that p influence the flow of water. u WATERSHED DISTRICTS, Shall mean the Prior Lake - Spring Lake Watershed District, Shakopee Basin Watershed Management Organisation, Credit River. Watershed Managament Organisation, and Sand Creek Watershed Management Organisation. " CHAPTER PROCEDMU FOR SUBMISSION OF PLATE SECTIONS 6 -3 -1t Abbreviated Subdivision Process 6 -3-2t Standard Subdivision Process a -3 -3s Preliminary Plat 6 -3 - Procedure for Final Plat Approval and Recording w ,- 6 6 -3 -5t Effect of Subdivision Approval 6 3 -is ABBREVIATED SUBDIV ION` PROCESSt This process is de- -° si nod .,to a edits the 'plattin -= qq xxpp p q process in certain - instances; prov►dadtfihe fallowing conditions are nett f" "(A)" The _subdiv,is ibn vigil not create sore" `than six (6) lots. {sj All lots; must conform to applicable Eoninq Ordinance r�quiremi�its, (C), Ail utilities- , available to the site and are of adequate mile. (D) Th• subdivi'sion will not" interfere with the proper development of adjacent properties. (Ei The sketch plan, preliminary plat and final plat may be submitted contemporaneously. s - They , shall. be 'rev by City Staff prior to any formal application to the City Council. (f) _ The City Council shall hold a public hearing to act on the preliminary and final plats. Notice of the Mari shall be ublished at least ten 10 dais pprior to the hea nq in the P. � ) , i ice official - .newspaper. No th o e heari_q shall also be mailed to al ropp•rty owners within five hundred feet (500') of the ex erior boundaries of the plat. On -site signs I _ € t g Ax, notifying the public of a pending subdivision shall be .- postbd at least ten (10) days prior to the hearing. ° 6 - - 2: STANDARD SUBDIVISION PROCESS: (A) Pre- Application Re irements: The subdivider . must meat with for apppropriate staff review. At this meeting, "the developer shall provide a sketch plan of the proposed subdivision. Furthermore, the developer shall be prepared to discuss the f followings 1. Streets` 2. Utilities Comprehensive Plan 3. consistency 4. Parks and opens acne # 5. Zoning changes it required 6. Steep slopes 7. Wetlands and environmentally sensitive issues to a. Relationship of proposed subdivision existing neighborhood 9 Drainage and storm water management` 10. Environmental Assessment Worksheet requirements 11. Watershed District requirements 6 - 3 - 3: PRELIMINARY PLAT: Before subdividing any tract of land and after the pre - application conference the subdivider shill submit a n preliainaryy pplat for > _ - approval by the Planning following z; Commission and City Counc i in the manner= (A) Planning Commission Action on Preliminary Plats �.~ 1. The prsliminary plat, along with the ap lication fee f shall be submitted to the Planning Direcor, who sha1i ev w said plat to ascertain , if' it a lies Idth the p regul ations as herein set forth. it hu .'Pls�ninq Director finds the plat sufficient and in conformance, the plat shall be referred to the Planning Commission. 2. The Planning Director shall distribute the preliminary plat to the City Manag City Engineer, Attorney', Parks Director and other appropriate, 4noion for review and comment. 3. The Planning Director. shall', within sixty (60) days of 'plat f�linq the ppreliminary set a public hearingq before the Planninq Commission. At that time, all interested persons shall be given an opportunity to be heard. Notice of the hearin shall be sailed to owners whose property lies within ivs 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 Tie notified. Cityls sewer and water billing records may be used for notification purposes. Notice of the hearing shall also be published in the official newspaper at least ten (10) days prior to the hearing. -7- The site shall be posted with a si n or signs which KK notify the public of the pending subdivision.. b }Ay4 4. The Planning Director shall compile a r•poi 'consistinq "the !Acts and findings from Parks, Engineering, Finance, 'and Planning. If outside consultants are used for any ?. analitical purposes, their foes will be charged to the ;. dev• op•r. The report will be sent to the 'Planning Commission, subdivider and any other applicable agency or``jurisdction. 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 to the preliminary plat public hearing. gt 6. The Planning Commission shall conduct the public hearing and report: its findings and recommendations to <. lithe City Council and applicant. 7: The d•veiop •r or- representative must attend the hearing. failure of the applicant to attend may result in the filing !•e. g loss of The applicant shall pay an additional filing fee prior to the preliminary hearing in " an amount not to exceed the original filing lee. (a) City Council Action on Pr eliminary Platt 1: The City Council shall approve or disapprove a M lininary plat within one hundred twenty (130) dayys lowin del ivery of a complete application b the applicant to the City, unless an extension of the review period has been agreed to by the applicant :,and City. ,> 2. If the prel plat is not approved by the City Council, the reason for be such action shall recorded in the proceedings of the City Council and developer notified, If the preliminary plat is approved, the developer shall be notified. Such apppr��oval shall not constitute final acceptance of the aubdivision, but the general acceptance of the layout. Subsequent approval of anQQing ri proposals and features be City other will r•quirea. Council ma in .require revisions the„ preliminary plat and final plat as deemed necessary for the health, safety, general welfare and convenience of the City. 3. I! the preliminary p lat 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. It the City Council determines that the scope of the revisions do not constitute a now plat the Council can order the preliminary plat to amended reflect the revisions with no additional fees charged. If the City Council determines that the scope of the revisions do constitute a now plat; the developer must reapply for preliminary plat review by -7- b }Ay4 both the Planning Commission and City Council. In this case all preliminary platting lees will be charged. 4. may. be s requested sted b pr e l imi n ary de to •r f ! of lthe y City Council. Such a request must be submitted to the Cite Council prior to the preliminary plat public hoar`in if the Council a gqrees, the •linal and preliminary plats may be revoved contemporaneously, provided the develop submits a written request to the Council prior to the preliminary plat hearing. 5 once reliminary plat approval has boon granted b the City council: Y a, The developer may grade the site provided: (1),, A grading permit has been issued b the city p engineer and a preliminary grading plan approved. b. The developer may install utilities provided: (1) A Developer's Agreement has been si nod, by i qqnn all paries having an interest in the F; property and approved by the City Council, vitb financial guarantees as indicated in Section 6 -7 -15 and submitted prior to installation of the utilities and streets. (Z) At least live (S) days in advance of such installation, the developer shall submit., to -x` the City Attorney a current, updated Abstract and title opinion other reasonable p � J I evidence of tittle 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 Ct Engineer. Any .measure used to control- erosion susl be kept in good repair and good corking order until site stabilisation occurs. In the event erosion control fails, it is the responsibility of the developer to reclaim the site. d. one building pormit viil be issued to' the subdivision i! the development consists' of single family homes. Novever, a Certificate of Occupancy will be,vithheld until all improvements are accepted by_the City Engineer. e. Tovnhome and coW46uinium developments will be issued foundation ppermits. for all lots if 180 desired by the developer, in order to verity the accuracy of the building corners: 4 ? Sp r I 6 -3 -4: PROdEDURE FOR FINAL PLAT APPROVAL AND RECORDING: After the O'reliminary pplat has been approved, the final plat' ..,, shall be submitted for review in accordance with the following: (A) The final plat gust be .submitted within twelve (12) months of preliminary plat approval by the City .Council. The Council ma ex end this p eriod for good cause for up to but exceeding twelve months by not (12) upon written application the developer. (8) 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. r i (C) The owner or subdivider shall furnish a title opinion or commitment of title insurance from a title company settingq forth the names of all owners of any interest in the land being subdivided and holders of any liens or mortgages to City thereon the City Attorney. The Attorney may requ�re document additional such as an up -to -date certified Abstract of -Title or Registered Property Abstract and such other opinions or evidence o! title, showing parties having any interest in the land,,einq subdivided. r (D) All changes that'wsre required for preliminary approval must be incorporated in the final plat. (E) The subdivider shall submit the final plat to the Planning I Director. The final plat shall be in substantial compliance with the preliminary plat. The Planning Director shall submit the final lat to the Council for approval. if the Council agrees, the final and, preliminary plats may be h reviewed contemporaneously, pprovided the developer- submits a to the written request Council prior to the preliminary plat hearing. (F) - The subdivider or his /her representative must be in attendance at the meeting. If no rep resentative, is p resent, the City Council may require forfeiture of the filing fee subdivider and require the to qu pa an additional filing fee . to appearing before the prior City Council for final plat p approval. (G) 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 filed within sixty (t 60) days of final plat approval shall become gull and d. Vol The Council say extend the recording time for sixty (60)' days upon written request by the subdivider or for othersg&d cause as determined by the City Council. (8), A subdivider may file a final plat limited to phases of the development. (I)`., " A Developer's Agreement must be signed by the subdivider and approved by the City Council. s� *"" v.+•+ c %+scxxM.�,ra,�rwneu�c�reas .n+na.nam-a ^a:.« .ac+.� ,.. .,, .. .. __.-, . d� _t I V I i i i (J) The developer shall provide evidence of recordinq with Scott `n County of the final plat and all other pertinent documents. -; Evidence of recording shall constitute the return of one b signed mylar sheet and one certified copy of all other pertinent documents to the Planning Department. 6 -1 -5s EFFECT OF SUBDIVISION APPROVAL: For one (1) year fol- lowing preliminary plat approval and for two (Z) years . follovinqq final plat approval, unless the subdivider and the City agree othervise, no amendment to the City of Prior Lake's Comprehensive Plan or Subdivision Ordinance shall apply to or affect A, the use, development density, ot size, lot layout, or dedication required or permitted by the approved plat. Thereafter, upon resolution of -the City Council, the City ma extend the _period by a ant with the subdivider, or it may require submission of anew ! at less sub stantial l physical; activity and investment has occurred n ronable reanoe on the approved plat and the subdivider wil substantial financial damage an a. consequence of a requirement to submit a nev plate,,. CHAPTER L DATA `!FOR PRELIMINARY PLAT SECTIONS 6•t -1: Identification and Description 6 -4 -2s Existing Conditions j 6 -i -3s Subdivision Design Features 6 -4 -1 IDENTIFICATION AND DESCRIPTIONi (A) Proposed namwof subdivisions said nano shall not duplicate or be alike in pronunciation to the name of any plate,,; previously recorded in Scott County. (s) Legal description of the propertyy according to the records in the office of the County Recorder. (C) Name and address of the owner, ovner's agent, subdivider, surveyor and,designer of the plat. (D)- Graphic scale, north point and date of preparation. (E) Ten (10) copies of the application and supporting data and ten (10) sets reduced to 11" x 17 ". (F) `A location map showin the location of the proposed subdivision within the City. 6-4 -2t EXISTING CONDITIONS x (A) Boundary line survey in accordance with applicable state statutes. 10 i -10 r .. a .. (8) Existing zoning classification. .M (C) Total acreage. (D) Names of property owners within live hundred lost (500 of subdivision c the outer boundaries of the d provi ed by a certified abstract firm. (E) If rezoning is proposed, a completed rezoning application. (F) The location, width, and proposed street names or other public ways, parks, public lands, easements, 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. (G) Loc ation and size of existing public and private sewers, tl 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. (u) Boundary lines of adjoining nsubdivided or subdivided land, two within t hundred feet (�00 of the boundary line of the proposed plat shall be shown. (I) Topographic data, including contours at vertical intervals of not more than two feet (2'), water courses, marshes, wooded areas, rock outcropps, ower transmission poles and lines and other sic�nilican features shall be shown, including slopes in excess of twenty percent (20 %) and erodible soil conditions. (J) Soil borings and percolation tests as may be required by the City Engineer. (K) 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. ° 6 -4-3: SUBDIVISION DESIGN FEATURES: s n x (A)' Layout of proposed streets, including proposed roads according to City thoroughfare lane ri shown ht -of-way p i g g widths and proposed street names., The name of any street thoroughfare u in the City or its,environs shall not be used unless the proposed street is an extension of an existing street (B) Location and width of proposed trails, fire lanes, pedestrian ways and utility easements shall be shown, (C) Schematic plan and. profile of utilities and streets including the following ata: Typical street cross section, - vertical profile of streets including vertical curve data and utilities profiles. The schematic layout of storm sewer, i , f 7c _I sanitary sewer and watermain. Invert. elevations, and i� gradients axe required for the sanitary sewer. A site � •_ ,� gqrading pla showing existing and proposed contours drainage direction drainage and areas. The above data shall be submitted by a Registered Civil Engineer. k (D•) Layout, numbers and preliminary lot dimensions including i their area, blocks, and building setback lines. (E) 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. (F) An yy p arcel proposed for platting shall recognize the orderlyy and logical ex tension of streets and utilit as into adjacent parcels.: (G) A general statement of proposed location of utilities such po as, as electricity q y and cable. All such utilities gust. be underground. (N) Pr oposed protective covenants or deed restrictions. (2) Statement of the proposed use of lots stating type of fill buildings, number of proposed dwelling units, and type of business or industry °so ,as to reveal the effect o! the development on traffic, firs hazards and population. (J) When required by the City Planner, a general landscaping 'parking plan showing p lantings, berms, fences lighting, layout, 'sidewalks and trails shall be submitted. a y CHAPTER S DATA FOR FINAL PLAT SECTION: 6 -3-1s Data for Final Plat . 6 -S -1r DATA FOR FINAL PLAT: (A) The final► plat shall be prepared by a qualified person. who is a registered land surveyor in the State of Minnesota. The shall to pp lat conform all State and County requirements 'the and requirements of' this chapter. � (8j A complete set of mylar copies of the entire plat with all required signatures. (C) A complete set of the entire plat reduced to the following scales: 1" - 800 1 ", - -200 reduction at no scale to 8 1/2" x 11" shoot of paper. (D) A complete set+ of construction plans and specifications for �+ all publ works facilities for subdivision. " -12 -s } G. City toning Ord-nancs. (C) ti.; State laws relating to platting requirements, and registered N land surveys. " 6 -6 -2: STREETS: , (A) The arran ement,jof all streets, collectors and arterials shall conform to the transportation section of the. City of Prior Lake Comprehensive Plan. Except -!or d4l -de -sacs streets shall connect with existing or dedicated streets an�l adjoining subdivisions or provide for future connections to I ad oining 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 minimise the negative effect on the environment and on public convenionce and safety: Streit width,, an d p avement width shall conform, to the minimum standards found in Table 1. Final design it dependent upon traffic volume and soil factors. All other design !actors .must be in accordance with the "Public Works Design Manual','" (C) Local residential streets shall be laid out to conform as much as possible to the topography,' to' discoura a through traffi 'c ' to ppeeemit efficient drainage and utility-systems and to provide- a minimum number of,.,necessasy streets for . convenient and sale access to the property. -ll- V S , C r, A, f (E) P Plans and specifications shall be in accordance with the requirements as outlined in the "Public Work Design Manual. ", - - s u {F) A An executed Developer's Agreement and payment of all fees. CHAPTER 6 MINIMUM 'DESIGN STANDARDS i SECTION: 6 - - - -- to Applicable Rules and Regulations 6-6 -2 s S Streets 6 -6 B Blocks 6 -6.4:. L Lots 6 -0 -5 =; E Easements 6-6 -6 N Natural Features 6 -6 -4 S Storm Water Management k k 6 -6 -6 :• P Park Dedication it 6 -6 -1s C CONFORMANCE TO APPLICABLE RULES AND REGULhTIONS: (A) M M.S. 462.3'61 through kiS.` 462.,364. ,(s). R Requirements � of :this City Code, the Comprehensive Plan and u J I RMV OF I , T I TOUL NiDifl II� PS> I `aY 1 IPiM17PX.•1W 1100. h..M TO am CIP Comm [7 ms, KIM FP. 1 r I 1" I� I PA _ _- I RANZ LAM i R 1!'.�TRT['AP[dQ i i I l .d I ` I individual 1 0-750 ' 2 ' i 30(l) i Serve 150 Local and s aco oornsct ( ! . 1 i i '> !lino: 1 Serves as feeder 1200 -3000 I 2 I 32 I '� I i, for 44'wth i I c facility fray I i ! i neigH�crhood local streets to I the calector/ I I arterial rrtwork. 1 I �busi�ness i , I and I I I t al d Wel 1 ! ! ! I residenti 4Q' I I e 1 I I sue• J Mil actor Lar de�neity ` s traffic I L I 1 I I Collect i tram local aid (lOc�O -5000 i 4 I . 44 I i I I, 180 spin. van. I High all I fco�cts re s and 14000 7000 ; s I 50 1100 I; a arterials. Cori I serve iooal business I .districts• 1 Arterial a ' ) serves infra -� 15600 up 12 i up I ! L i co minty travel. I I 1 l 1 L s high f I I i i 4 , . 1 1 1 1 das�ity arterial ( I t .. o U)'28 width an cul-de -secs? the City axxkdl may se&m the width in Iialitid ri c[ ray caditions eituatiam of severe tap�ogpowr ght o other larnsual l "s° T~ (� 13 s a p j p � s (p) • Half streets shall be prohibited, exce where Half Streets. p .., essential to the roOinable development of the subdivision ',with of 'these and in conformity other requirements, regulations. in thou• instances where a half street is T1 accepted, the other hatf must be dedicated when the adjoining property i" subdivided. Any half street providing access to a of shall not receive a building permit until the other half of the ''street has been platted. (E Cul -De -Sacs The maximum length of a cul -sac .shall be five hundred feet 500 measured along the centerline from the intersectiontoforigin to the end of right -o! -way. the development plan for the overall, area calls for the extension of the street, then an appropriate turn around must b• developed. Eyebrow cul -dde - sacs shall not be f permitted except under unique circumstances. (!) 'Grades:'All`conterline grades shall be at least 0.3 percent (and shall.not exceed 10.00 percent. { ,;. (G) Service Streets; Where a subdivision abuts or contains an existing or planned major thoroughfare or a railroad right -of-way, the Cimmcil.may require a street approximately parallel to and- on each side of such right- of -vay for `rotection s adsquate of properties and to afford separation of t�►roug � and, -local trar0c. (H) Reserve Strip Reserve strips controlling access to streets` shall be prohibited except under conditions approved by the ti ouncil.. Privets Streets: Private at roots shall not br approved nor shall any public improvements be installed for any priv to street unless apprcnrsd 'by the council. Private streets may %it be permitted in gP.,lanned Developments. F (1) Hardship to Adj oining Property Owners Avoided: 'The street ` arrangements shall not be such as to cause hardship to owners of adjoining in platting their own land and " providing convenient access to it. (lC) intersections: The angle formed by intersections shall be as close to 90 degrees as possible unless unique circumstances dictate a lesser angle'. intersections of more -than lour (4) corners shall be prohibited. Roadways and streett n intersections shall have right -o! - way radii of not ess >thar twenty -five feet (15 Corners at the entrances to th r turnaround portions of cul-de -sacs shall have right -of -vay' radii of not­less than thirty -five feet (3s mi ' Deflections: Street right of - vay alignment must be straight or connected by horisontaV curves. Deflections are allowed ;r onlyy" when adjacent to existing right of way which contains deflections. (x) Access to Arterials: 1 n ..,any ca where a roposed plat is pp adjacent to an arterial street, there shall be no direct $ vehicular or pedestrian access from individual lots to 4 . c -14- .y.,x �„mtyC i'r'�� " t 1y , °- ° +'r`c+F.f"14CS.�..Nii1. ��..Y".4F,W~,+°�P�.«m. . - _ 6 w.} ,r .., ... tii::,w...: ^.: ttt' >:• 3 2YYtiSFR .Y. ..Y+C ti, s , . ,+. �� � I nr ' ss arterials. Unless unique circumstances dictate otherwise, access to arterials shall be at intervals of not less than through existing established miles and and crossroads. in the platting of tracts of land that abut on arterial streets where there is no access to existing entrances, a temporary be access point, may granted by the City. Provisions in such plats shall; be made '!or 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. (H) Alloys: Alleys shall not be permitted in the City. 6 -6 -3: BLOCKS: Blocks shall ordinarily not exceed one thou- sand feet (1 000 in length. Where it is necessary for exceed this length blocks to; pedestrian ways and/or easements may be required•near the center o! ha block. ' 6 -6 - LOTS (A) Location All lots shall have frontage on a, publicly dedicated street or a street that has received legal status ' except that lots in Planned Unit Developments nay have fronta or Frontage cn on a private road street. a street shall be measured at the setback line.. (B) Size: The lot dimensions a nd areas shall comply With requirements specified in the Prior Lake Zoning Ordinance. Bide Lot 'Lines: Side lot lines shall be approximately at right anngtqles to straight street lines or radial to 'curved -' strse! lines. (D) Double Frontage Lots: Double frontage lots shall be avoided except where lots back on an arterial or, collector street. (E), Corner Lots: Corner lots !or residential use shall exceed the minimum Width and area requirement for that district by twenty percent (20 %). ,(T) Watercourses : - Any lot abutting or including a wetland watercourse or marsh shall have at least fifty ppearcent (sot3 of the minimum lot also for that district as fou in that nd ,. Zoning ordinance outside of the above referenced natural features (G) < Lot.. Remnants: All remnants of lots below "animus . see remsininq after subdivision of a largos tract suet be added 'to adjacent lots rather''than 611 to remain as unusable t " "Parcels. (8) Butt Lots: Butt lots. n residential districts shall be platted a least twnty' .perc�t > (tot) wider ;than, the minimum W tri. dth• for that disct t } ' r —3.5— I: t �� 'jp.��tii�D�w��Y k> 1b• r�• vrv':. ^`.4'ifii'�L"�4t'�(+�fmF.% \16ua _ v?. :K.S *h Wv., t+:.ht41. d J09A aa,.. i. ;b i n +..dSt�"jf,.p`..iy.J •' '! '. . C tip•• >p �'t}},,,,, c EASEMENTS (A) Utilities: Easements at least ten feet (10 wide centered on rear and other lot l ines shall be provided for utilities, where necessary. There shall be continuity from block to block. (B) Width: Basements -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. (C) Drainage: Where a subdivision is traversed by a watercourse, channel drainage way, or stream, there shall be provided a drainage and/or floodage easement conforming substant its with the lines of the watercourse or flood plain and o such further width as shall be determined by the City Engineer. (D) Pedestrian Walkway Easements: Pedestrian walkway easements shall be provided when deemed essential by the Director of Parks to provide circulation or." access to rks, schools, playgrounds, shopping areas, transp ortation or other community facilities. Such easements shall be a minimum of t ten feet (10 vide. J (8) Planting and Viewing: The City Council may require planting g or viewing easements where deea6d apppropriate. Such ! easements may have vehicular access z"estrictions. r 6 -6 =6': NATURAL FEATURES: (k) Wild Life Habitat and Water Recharge Areas: Marsh a reas shall a nal y zed for of f ppreservat p ion as pu �potenttial wild for birds and animals as well as to continue providing water I uritication and rechar areas for the lake of Prior Lake. rr�q } � 2f the 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. harsh areas may bs but altered, onl as a last resort to implement a development `plan after all other design options have been, explored. (a) filling: Wetland areas which are part of the development- may filled not be sinless it has been documented that alternative storage capacities are available for 'use. Storm water management shall be in, substantial compliance with the Prior Lake Storm Water Management Guide Plan. (C) Dredging Dredging water bodies for the purpose of increasing the number of lots in ' development shall not be permitted unless it is clearly documented that it will > t` not adversely affect the area's ecologic and hydrologic characteristics. (,O) Sedimentation traps: Wetlands and other water bodies shall not be used -.as sediment traps during construction. 4W (E) Slopes: Whenever possible, slopes of twenty percent (20 %) or `ter greater should not be disturbed' and, should be retained as private or public open space. (F) Pedestrian Links: Natural features shall be utilised to the extent- ossible as pedestrian links between large recreation facilities to introduce elements of diversity in residential living and eliminate monotony. STORM WATER MANAGEMENT: (A) Ponding - Areas and Wetlands: Whenever possible storm water suet be stored and managed within the lim+ s of the + development. All ponding areas and wetlilnd6 -must be ; considered and evaluated for inclusion in the $tors water Ranagement Guide Plan. The Prior Lake Storm water Management Guide Plan shall serve as a! guide in the preparation of all storm water management plans. PARK DEDICATIONS � (A) The owners of any land being subdivided for residential Unit commercial industrial or other uses or as a Planned Develops nt shall dedicate a reasonable portion of land to the public for public use as parks, playgrounds trails or p ublic open ; space. The amount of land required will be determined in accordance with the leraula leund in section 6 -6 -$ (E), or as determined by the City to be in the public interest and reasonably necessarryy for such uses and needs as a result of approval of subiivision. (1i At the City's option, the subdivider shall contribute an r f equivalent amount in cash or cash and land, in lieu of all or a portion of the land which, the City may �require such to which- to 'dedicate The owner :pursuant (A) above. cash amount shall be based, on the fair saiket value of the land reasonably required to be dedicated, with said value being determined no later than at the tine of final plat approval. tC) r whenever the term "dedicate" is used in th! section, it shall mean a dedication to the City of land or cash, or both, whichever the City, at its option shall require. The to � dedication shall be made prior the City's release of the final, plat for filing. (D) In 'instances where cash is required in lieu of land, 4 payments as reqquuired by this Ordinance shall be lade prior o the City Manager releasing the final plat to the subdivider. (E) The City may determine the location, configuration and value of the land to be dedicated. The amount of land to be dedicated will be directly related to its physiographical character and in accordance with the following values: -17- Y E LaZTD C}iARACTERISTICS yajgjE Slop - 'soils Percent Degigation 0 -1 - Dry Uppland 100 10 -20% Unstable 50 over 20% Marshes 15% (P) Where the owner provides in the subdivision f+br, the public use neighborhood park amenities such as, but not 'limited to ball fields, \tennis courts open space or other rocreationa facilities, as City may reduce the amount--of land to be dedicated or the cash contribution in of such dedication by an amount equivalent to the cost of the facilities ,provided. (a) Prior to the dedication or preservation of such land for public use, or both, with the City's consent, the subdivider to the b m an and in C ity acc p�tableato 'attorney0 the to the condition the of title of such property, or in 1 of a title opinion, a title insurance policy from a title aoapan acceptable to the City insuring the required public intares in the preservation or dedication therein. (H) immediately upon filing of the final plat or other appropriate subdivision documents the Tubdivider shall file for .recording all easements, dee4s or other conveyances of property required as a condition to the subdivision plat approval. No building permits beyond the one underlying permit shall be issued to any lot or rcel in said plat ,until all such documents have been executed and filed. CHAPTER 7 IMPROVEMENTS REQUIRED SEMION Trees ,. Toppssoil and Sodding 6 -7 - Sidewalks and Driveways i 6 -7 -6 s -� - 5 Curb St Adjustments Street Lighting ,. = Stree 6 -7 -�: b aim Gutter' 67 -0: 6 -7 -9: Water 8u ly - Sanitary $ewe ` 6 -7 -10: Drainage 6 -7 -11: Cleaning Streets 6- 7 -12_s r46curity Agraement 6 -7 -13: 6 -7 -14 r. Payment for Installation of Improvements Required Development Contractor Installation of improvei�nts 6 -7 -15: runancial Guarantee for Installed { „Subdivider 6 -7 -16: Financial Guarantee for City Installed utilities at the Subdivider's Request ' 6 -7 -1T: ? Warranty/Maintenance Bond 6 -7 -1: TREES: , x : , (A) The builder shall plant balled and burlapped street tress # 'hav:ing a trunk diameter of not 1. is than two inches (2 in caliper °measured at one foot (1' "), above ground. Such tress shall be placed at least one (1) =per lot frontage plus one (1) additional tree in the, front yard. Permitted tree species and placement shall be in accordance with details on file in the City Planner's office. Such street trees must be, pplanted prior to the issuance of a Certificate of Occupp . Lots with existing trees which meet the requirements of this chapter shall be deemed as in compliance with the provisions in this chapter. (8) Lot frontage trees or boulevard trees shall be planted inside the front property line at a distance of not less 4 than four feet (4.:) fro the front property line and not not inside an drainage and/ uts front property line but more than ten feat ( 10 from t i'lity easements. Front yard trees @hail b plantd. in the front yard but at,,.a distance - of at least, four feet',, (4 !) from the front property line. # This paragraph shall apply to rear yards for lakeshore lots. s (C) A Subdivision Planting Plan at the sane scale as the prelisinary and final plats shall accurately show the specific ,name,, size, condition and location of every preservable tree and the specific name size and tentative planting space for each required subdivision tree. TOPSOIL AND SODDING: The-_builder shall s read a minimum of four inches (4 ") o! topsoil over the boulevard �t front and side yards. All boulevard,- front and side yard areas shall be sodded, axesppt those areas that are landscaped. Such topsoil „and soddinq shall be installed by the builder prior the issuance of a Grtficats of Occupancy. 6 - 7 -3: SIDEWALKS AND DRIVEWAYS': Sidevalks and/or bi oI* p aths � should bs constructed along both sides of arterial and collector streets. brivevays shall be graded to final grades, vith this minimum acceptable driving surface to include lour inches (4 of aggregate base. o 6 -7 -4: CURB -STOP ADSUSTMENTS: The builder shall sake all nec- essary adjustments to the curb `- 'stops” to bring them flush with the surface prior to the issuance of a Certificate of Occupancy. 6 - 7 -5: STREET LIGHTING: Street lighting shall be provided to conform with standards as adopted by the Council. 6 =7 - 6: STREETS: The full width of the right- o!' -vay of each street dedicated in the plat shall be graded. All streets shall be constructed it, accordance with the "Public Works Design Manual;" t 6 -7 -7: CURB AND GUTT`oR: A concrete curb and gutter shall\ 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. -19- 6 -7 -8: WATER SUPPLY: Watermains shall be provided to serve the 4 subdivision by extension of an existing community s stem. Water shall be supplied to each lot. Service connections s all be stubbed to the p roperty line and hire hydrants shall be the provided as required by City Engineer. The desig of the water system shall be in accordance with the "Public Works Design Manual." 6 -7 -9s SANITARY SEWER: Sanitary sewer mains and service con- nections 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 -sits sewage disposal loca systems for each lot. Such systems shall be proppeerlyy ted and documented on a site plan furnished to the City suildinq Official. Percolation tests from the site conducted by a registered individual, in Scott County shall be submitted to the Building Official. 6 -7 -10: DRAINAGE: A drainage system as approved by the City � Engineer shall be provided., 6 -7 -11: 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 (1) week from the date of any request by the. City untild such time as such streets and improvements are accepted for ownership and maintenance by the City. The method of clearing shall consist or swooping the street with a mechanical pickup broom or other methods as approved by the City Engineer, 6 -7 -12; SECURITY AGREEMENT: _! anyy improvements a're required -7 under Sections 6 -7 -1, 6 -7 -2, 6 -3 and 6 -7 -4 - are not completed at the time of issuance of a Certificate of occupancy during the November 1 through 15, period of April the owner or the builder shall furnish to City cash or a letter of credit in an ; amount equal to one hundred percent (100 %) of the Plannin Director's of improvements. estimate dd cost such n the the required improvements are not installed within sixty (60) days following April 13, than the City or its agent shall install such improvements. 6 - - PAYMENT FOR INSTALLATION OF IMPROVEMENTS: The requ improvements, listed and described above,,, are to be furnished and installed at the sole expense of the subdivider and at 5 no_expense 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 the' by the City, property and remaining cost paid the Council reserves,,the right to provide for payment of a portion of the cost by the subdivider and a portion of the cost b the City. however, if improvement ed Provid further, any installed within e subdivision will be - of benefit to lands beyond the boundaries of the "tam vision, the Council and City reserve the right to elect to install all or any part of the improvements required under the in Ovisions of this Ordinance lieu of requiring the subdivider to p -� 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 imapprovements which represent the benefit to the property within the subdivision. ° -20- y i 6 -7 -14: REQUIRED -WVELOPMENT CONTRACT FOR INSTALLATION OF IMPROVEMENTS: Prior to the installation of any required improvements and rior to approval of the final plat, the subdivider shall enter into a development contract with cthe Cityy requiring 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 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 Section 6 (A) - (C), 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. Asbuilt drawings with service and value ties on reproduceable mylar shall be delivered to the city Engineer within t one hundred twenty 120) days of completion of te 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. 6-7 - 15: FINANCIAL GUARANTEE FOR SUBDIVIDER INSTALLED UTILITIES In the event the Subdivider chooses to install the impprovements, then the development contract as set forth in Section 6-7 -14 above 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 r, (A) A cash escrow deposit shall be made with the City Finance Director in a sum a al to one hundred twenty -five percent i 1234) of the pro3ect cost as estimated by the City ngineer. (l) performance Bonds In lieu of making a cash escrow deposit, the subdivider may furnish the City with'a pe rformance bond with surety and conditions satisfactory to the Cityy in a sum equal to one hundred twenty -five percent (1254) of the City Engineer's estimate °ot the project cost. t (C) Letter of Credit: The subdivider may file with th City an irrevocable latter of credit. The letter o! credit shall be in a forii acceptable to the City Attorney. The letter of credit shall be in an amount eqqual to one hundred twenty -five percent (1254) of the total project cost as estimated by the City Engineer. 6 -7-16: FINANCIAL GUARANTEW FOR CITY INSTALLED UTILITIES,AT THE SUBDIVIDER'S REQUEST: In the event the City installs the improvements as per Section 6 -7 -14 above, a cash deposit will be required.. The subdivider will `s �xsquired to deposit with the City an amount equal to twenty -five percent (254) or tore of the total project cost. The total project cost wi be determined by the City -21- Council The development contract shall pp pz� ovids that the City of Prior Lake will install the improvemenla'a6d assess all benefiting =-r lots in accordance with policies on 'file in the office of the Director of Finance. fl 6 WARRANTY /MAINTENANCE BOND, :, The City shall require where ' appropriate,,a warranty /mAintenance bond of a subdivider in an amount equal to the original cost the improvements which shall be in .force for one (1) year folt'twing 'acceptance of an required improvements and shall guarantee satisfactory performance oz such improvements. t CHAPTER 8 REGISTERED -LhND SURVEYS SECTIONS Registered Land Surveys 6' -S -1: REGISTERED LAND SURVEYS: All registered land surveys shall be presented to the City Council in the form of a final fat to be processed in accordance with standards set forth in ; this c apter for final plats. Registered land surveys shall only show existing property ines and easements and other existing features as may be appropriate. 4 ) CHAPTER 9 VARIANCES SECTION: ° rn a -9-1: Variances 6 -9-1 VARIANCES: The Council may grant a variance from ' regulations upon receiving a report from the Planning Commission in any particular case where the subdivider can shoe by reason of exceptional toppooggraphy or any other yf cal conditions that strict compliance vil:h Mesa regulations vourd cause e nd a un due hardship, provided such relief may be granted without detriment to the lic welfare and without k pub impairing the intent and PUZIPO of these regulations, The Planning Commission may recommend vanes from; the requirements of this chapter in specific cases which in. its opinion, would not affect the intent of the C` re�ensive 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. -Z3 i1 f "c✓ " lik'. tLV *.a�'m'er...""''" "^e»ff.-., .. e _... ., ,� ...ee+.:^r,'�Y' S ._ _ _,. CHAPTER 10 CONVEYANCE BY METES AND BOUNDS SECTION: 6 -10 -1: 6 -10 -2: 6 -10 -3: r 6 -10 -1: No conveyance of land within the City shall be filed or t recorded, if the land is 'describ in the conveyance byy 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 In 3 the land described the conveyance: (A) Was a parcel of record prior to March 18, (B) Is a pparcel of land,not less than five O acres and having] a widEh of not lass than three hundred feet (300 (C)' Is a arcel of land not less than- one (1) acre and is ' located in the rural service area as defined by the City Comprehensive Plan. 6 -10 -a: In any case in which , compliance with the foregoing re- ' stricons will create an unnecessary hardship and failure to comply will not interfere with the purpose of this chapter the Council may waive-such compliance byy the adoption of a `the resolut�. on to that effect and conveyance may then be filed. 6 -10 -3: 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 o! the provisions in Chapter 10 of this Ordinance. CHAPTER 11 I VIOLATIONS, ENFORCEMENT AND PENALTIES {i E SECTION: �`a -1i -ls sale -of Lots from Unrecorded Plats 6. -11 -2: 1 Receiving or Recordi Unapproved Plats rE 6 -11 - 1: Misrepresentation as to Construction" or Inspection of Improvements 6 -11 -4: Enforcement Remedies 6 -11 -5: Enforcement Penalties 6 -11 -1: SALE OF LOTS FROM UNRECORDED PLATS: It shall be unlaw- `trade, ful to sell, or otherwise convey any lot or , parcel of land as. y with an a ?art of, or in conformity plan or fat s i or area located within the ur art repfat o,! ny isd�c ion of p thin Ordinance unless said ppfan,lat or replat shal ave first been _ - recorded in the office of the Scot County Recorder. i t n -23- k' Il , 6 -11 -2; RECEIVING OR RECORDING UNAPPROVED PLATS: It shall be ¢j unlawful to receive or record in any public office any plans, plats or replats of land laid out in building lots in streets, alleyys, 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 Ordinance unless the same shall bear thereon, by endorsement or otherwise, the approval of the City Council. 6 -11 -3: MISREPRESENTATION AS TO CONSTRUCTION, SUPERVISION OR INSPECTION OF IMPROVEMENTS: It :shall be unlawful for any person, firm or corporation owning an addition or subdivision of land within the City to represent that any improvement upon any of the streets alleys or avenues of said addition or subdivision or any sewer in said addition or subdivision has been constructed according to the plans and specifications approved byy the City Council, or has been supervised or inspected by the City, w1�en such improvements have not been so constructed, supervised or inspected. 6 -11 -4: 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 Ordinance. 6 -11 -5: ENFORCEMENT PENALTIES: Anyone violating any of the pro - visions`of this Ordinance shall be guilty of a misdemeanor. Each month'or portion thereof during which compliance is delayed shall constitute a separate offense. CHAPTER 1 2 ,{ AMENDMENTS 6 - -1: I 6 - 12-1: The Cit Council may by a majority vote of its members amend this Ordinance as proposed by the City Council, Planning Commission, Staff or by a petition of a arson owning property within Prior Lake in accordance with the following provisions:: (A) Petitions byy propsrt owners for amendment shall be tiled_ with the, °Plannin Director on a dorm available in the Planning Departman . Upon such filing, all po petitioners shall Pay a lilt fee in accordance with a schedule determined . annually'by the City Council. :(S) The procedure for a property owner initiated amendment is as follows: I 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. -1 -24- dk erg 7 N CITY OF PRIOR LAKE . .. -Nma iA ►7mrmiai N1Wnv1LR.ta.. ANMVHRn , . OBDINA n 87 -10 SINEW PRT� LA>�• Std IVL.STQI I�IlL11TT(Y]S The Prior Lake City Council has approved and adopted a completely revised Subdivision �. Ordinance. T= E fl'IR... amng ' Ym ID n W R FOR REVI QZ pLlpf 7t1RR TN gun omm np ' CI'PY PL W= A PRIM T"R My RMS 0FfiMM= Is PCs :B>5t EW � _'IDS 1T PiZfR L.A ' PiIBLC nwv IDCATM AT 16244 MAIN LABS. The c follawring paragraphs summarize the regulations found in the Subdivision Ordinance. The process of subdividing land is an important factor in the growth of Prior Lake. - am a developer has oampleted the subdivision process and improvements have been installed, it beocmes the City's responsibility to maintain the streets and roads and -` provide various other public services. This chapter is, adopted to establish minion 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 calwunity. a F The City Manager or�represttative may authorize subdivision approval under certain prescribed conditions ,provided that: The division Will not result in more than 3 ..� Parcels= the property is a lot af.reoord= resulting parcels conform to other adjacent subdivisions; the division will cause no violations of the Zoning Ordinance= required easelments.are granted; and adjacent property owners are notified. No land shall be platted, subdivided, rearranged, developed or improved in any way which is not in oonformity with these regulations. , The is designed to expedite the platting process and any be applied under prescribed conditions. This process may be applied to subdivisions of less than 6 lots ''where all lots conform to Zone g Ordinance ' requirements and. all utilities are available. The City Council will hold public '} hearings to act an the preliminary and final plats following notification of all E property owners, ' Umbr the jmd an Proaesa. the subdivider must meet with staff to review the proposed subdivision. If the plat complies with existing ordinances, it will be distributed to appropriate individuals for review and camoent.; The Planning _T Ociniasion will hold a public hearing to consider the preliminary plat. Notice of ; the hearing shall be published and mailed to owners whose property lies within 500 (612)4474= 4629 DAKOTA STREET S.E. P.O. BOX 369 PRIOR LAKE, MINNESOTA 56372 14 Yi 4?1 feet of the exterior boundaries of t he plat. In the event the proposed development calls for a realignment or elimination of an existing street, the affected neighborhood will also be notified. The Planning Caaaission shall conduct the public hearing and report its findings and recd merdations to the City Council and applicant. The,,City Council shall approve -or disapprove a, preliminary plat within 120 days following the sukoission of a complete application. The developer must be notified of approval or denial of the preliminary plat. An approval does 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. In the event a developer desires to amend a prev iously approved preliminary plat, an aaaended, preliminary plat ,must be submitted to the City Council. The City Council will determine whether the scope of the changes constitute a new plat or an aM dment to reflect the changes. The preliminary and final plat review may be consolidated provided the developer submits a specific request to the City Council. Om preliminary plat approval has been granted the developer may grade and install utilities provided required permits have been received and a developers agressent has been signed by all interested'parties. One building permit will be issued to the subdivision if the consists of single,, family homes. However, a ,development Certificate of Occupancy will be withheld unti." >all improvements are accepted by the City W gineer. ft dation permits will be issued for tvAtcme and condouinium drvelopMnts in order to verify the accuracy of building corners. the at has been coed, the f inal at, shall be submitted for After the plat approved, pl at, rWien in ac oonjanoe with the following: flue final ..plat not be submitted within 12 �. months at preliminary plat approval _unless an euctension-�= is granted by the City Council= certain documtation such an a ,title opinion or insurance may be required by the 'City Attornsyi all changes required for preliminary approval uaust be incorporated in the final plat and it on t be in substantial ooiplianoe with the pcelistiAt ry plat= the n:bdivider or representative not attend - the City Council meeting a Developer's Agreawk roust be sig;ied by appropriate par les and the final plat uuat be filed within 60 days of final plat approval. 'lie developer asust prov'I,de avidenoe of raoordng with Scott County.. ,. , Certain information °arid data are required for preliminary plat including but not ,limited to Identification and Description, Existing Conditions, and Subdivision Desi r�satuur it The final plat droll be prepared by a qualified land surveyor in -the State of Minn to and the plat shall conform to all 'State and County requirements, and the ; requirements'as set forth within this Ordinance. d ; f a. .V""" �" ' �t. TiA9t ++;N�'�k�d+���r+*w',.,*,"^'"' *-,, _ �....,•..+�s.,.�w�. ;"". �'7a:� .., ,� ..,,.,.. i Design standards shall be in conformance with applicable rules and regulations such as M.S. 462.351 through. 462.364, requirements of the City Code, Cmiprehensive Plan and Zoning Ordinance and state laws relating to platting requirements and registered land surveys. Street and'paivaae►t width shall conform to the minion standards found in Table 1 of this Ordinance. All other design factors must be in accordance with the "Public Works Design Manual." Local residential streets shall be laid out to conform as much as possible to topography, to discourage through traffic, to permit efficient drainage and utility systems and to provide - mini�mi= number of necessary streets for convenient, 'safe access to the property. Blocks shall ordinarily not exceed 1000 feet in length. Were it is necessary for blocks to exceed this length, pedestrian ways and/or easements may required near the center of the block. All lots shall have frontage on a publicly dedicated street or a street that has received legal status except that lots in Planned Unit Developments may have frontage on a private road or street. Lot dimensions and areas Wall caQly with requirements of the Zoning Ordinance. Easements shall be provided for utilities, drainage pedestrian walkways or planting and viewing, Where f necessary. Wild_ life_ habitat and water recharge areas which are part of a proposed development shall be analysed for purposes of preservation. If the City Council determines that a marsh area serves a public purpose they require preservation in whale or in part. Wetland areas that are part of the development may not be filled unless it is documented that alternative storage capacities are available for use. Storm water { managemt shall be in substantial caaplianoe with the Prior Lake Storm inter Meuiagement Plan, Dredging water bodies shall not be permitted unless clearly documented that it will not adversely affect the ecology of the area. Wetlands cannot be used as sediment traps during construction. Slopes of over 20% should -,not be disturbed. ` owners of any land being subdivided shall, dedicate a reasonable portion of land ,' to .the public for public use as perks, playgrounds, trails or public open space. The v amkKv* of. land required will be determined in accordance with the formula found in } this Ordinance. At the City's option, the subdivider shall contribute an equivalent . amount in cash, or °cash and land, in lieu of all or a portion of the land reguired for park dedication purposes. The City may determine the location, configuration mid n value of the land to be dedicated. Documentation which addresses the condition of the title of property to be dedicated for park purposes may be required by the City Attorney. L filing the final plat, the subdivider shall file all appropriate documents required as a condition to the subdivision plat approval. ft building permits beyond the,ene underlying permit shall be issued to any lot or paM,xl in said plat _ until such doc mm*s have been executed and filed. ; 'Anne following isparomw is Will be required as part of the subdivision process: Planting of trees; topsoil and sodding; construction of sidewalks and driveways; adjustments to curb stops; provision of street lights; grading of the full width of right- of-way of each street dedicated in the plat; installation of curb an gutter, water and sanitary sewer service and drainage systems;" and street cleaninj - In >" := addition, a Security Agreement may be required under conditions where by improvements are not ouMleted at, the ,time of issuance of a Certificate of Occupancy. Required "'."''Y + Yt"' - �`�� J '^'`�" X75: �"k�cA.- t'.srscrlwra:�^•PN...a ku.^.wa:xirx„n c:<.:fnw?:. �; R4Yal'L;aVk.•.as,,:41`�.isea+t t• ,. . L k. v - wprovements are to be furnished and installed at the sole expense of the subdivider and at no expense to the City. Bowever,'the City Council reserves the right to elect to install all or any part of improvements required under this Ordinance in cases where any improvement installed within the subdivision, will be of benefit to lands k bayed the boundaries of the subdivision. installation of required impr ovements and prior to oval of the Prior to the instal any equi iapr p approval ' final plat, the subdivider shall enter into a development contract with the City requiring the subdivider to furnish and construct all required isprovemenats 'or requesting the City to install the improvements at the expense of the subdivider. o In the event the subdivider chooses to install the improvements, then the development contract as not forth above shall require the subdivider to make an escrow deposit, V o- furnish a performance bond, make a cash deposit or., file a letter of credit, at the t option of the City, prior to,final plat approval. w'iLlAliY T1i. in= ME no=-TXD UTn TT= A 'HE SIBDIVIDER S : I In the aunt the City installs the improvements, a cash deposit will be required The <° subdivider" will be required to deposit with the City an amount equal to 251 or more of the total project cost. The total project cost will be determined by the City Gouarcil. 'The develop�ent contract shall provide that the City will install the iaprovments assess all benefiting lots in accordance with established policies. s r , All registered land surveys shall be presented to the City Council in the form of a j j final plat to be processed in accordance with standards set , forth in this Ordinance for final plats. t, The Council may grant a variance from these regulations upon receiving a report from { t the Planning Cmdusion in any case where the subdivider can chow that strict f oaWliance with these regulations would cause exoeptional and undue 0 hardship, provided such relief may be granted without detriment to the public welfare and ' without impairing the intent and purpose of these regulations. cow sY :mss ]� Bangs 190 conveyance of land within the City, shall An filed or recorded, if the land is R . described in the conveyance by aft" and bounds, by reference to an ungVroved registered land sunray no& after April 1961, or by reference to an ungWoved plat m after Mardi 18, 1974: The foregoing provision does not apply if the land described: Was a, parcel of record prior to March 18,� °1974; is a parcel of land ,,not less than 5 and having a width of not less than 300 faetl is a parcel of land :. ` not leas than l acre and is located in the tural service area. If the foregoing ; restrictions create an unnecessary hardship, the Council may waive such ccupliance. � ' No building permits shall be issued for construction or alteration of any building or structure an any parcel of land which is ooave1red in violation of this chapter. i i i l n 9 S i a ' v ' ii. S + 7 ' r