HomeMy WebLinkAbout96-15 Subdivision Ordinance
CITY OF PRIOR LAKE
ORDINANCE NO. 96-15
AN ORDINANCE AMENDING SECTION 6-6-8 OF PRIOR LAKE CITY CODE
AND AMENDING SECTION 6-6-8 OF PRIOR LAKE SUBDIVISION
ORDINANCE 87-10.
The City Council of the City of Prior Lake does hereby ordain:
Section 6-6-8 of Prior Lake City Code and Section 6-6-8 of Prior Lake Subdivision
Ordinance 87-10 are hereby amended by deleting and substituting the following:
A 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 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 slopes
not exceeding 10%.
100%
Land which the Developer has provided a minimum of
4" of topsoil, graded and does not exceed 10% slopes.
100%
Unstable land with poor soils and slopes not exceeding
10%.
50%
Virgin woods with slopes less than 10%.
50%
Virgin woods with slopes which are greater than
10%.
25%
Dry upland with undisturbed topsoil and
slopes of 10-20%
25%
Unstable land with poor soils and
slopes greater than 10% or wetlands, N.U.R.P. ponds,
and water retention areas which are deemed
not suitable for park purposes.
0%
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B Dedicated land shall be made suitable by the developer for its intended use as
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 be
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.
C 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 which the City may require
such owner to dedicate pursuant to paragraph (A) above. The cash amount 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.
D 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 to and received by the City prior to the City's release
of the final plat.
E In instances where cash is required in lieu of land, payments as required by this
Ordinance 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. (Ord. 87-10)
F Where the owner provides in the subdivision for the public use neighborhood park
amenities such as, but not limited to, tennis courts, ball fields, play equipment,
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.
G 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
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 Attorney insuring the required public interest
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in the preservation or dedication therein.
H 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 of filing 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.
This ordinance shall become effective from and after its' passage and publication.
Passed by the City Council of the City of Prior Lake this 1 st day of July, 1996.
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13+4 day of Ju.!J ,1996.
Drafted By: City of Prior Lake Planning and Parks and Recreation Departments.
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