HomeMy WebLinkAbout95-09 Private Street StandardsCITY OF PRIOR LAKE
ORDINANCE 95-09
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 5 AND TITLE 6, PRIOR LAKE
ZONING ORDINANCE NO. 83-6 AND PRIOR LAKE SUBDIVISION ORDINANCE 87-10.
The Council of the City of Prior Lake does hereby ordain:
I.
Section 6-6-2-1 of the Subdivision Ordinance and Title 6, Section 6-6-2-1 of the Prior Lake City
Code are hereby amended to read as follows:
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.
Section 6.11.B.7.d)3. of the Zoning Ordinance and Title 5, Section 5-5-11:D.7.d.3 of the Prior
Lake City Code are hereby amended by adding the following language:
A Homeowner's Association shall be established prior to the sale of any lot or other land
when land areas, amenities, or structures are approved by the City and provided within
the Planned Unit Development for private recreational uses, services, or private
ownership of streets or utilities. The Association documents shall be in compliance with
applicable State Laws, subject to review and approval by the City Attorney, and shall
provide for the following:
(1)
Membership shall be mandatory for each property owner and any successive
buyer.
(2) The open space use restrictions and ownership must be permanent.
(3)
The Association shall be responsible for liability insurance, local taxes, and for
the maintenance of the common amenities, streets, utilities, and other facilities
approved with the Planned Unit Development.
(4)
Property owners shall be responsible for their pro-rata share of the cost and the
assessment levied by the Association which can become a lien on the property in
accordance with State Law.
(5)
The City may enter upon the cOmmon Areas and perform street maintenance
and repair; snow removal from streets; control of surface water drainage;
maintenance and repair of sanitary sewer, storm sewer, water supply system or
other utilities, when the City Council has found and has expressed in a resolution
that the Association has failed to provide those services that are deemed
necessary for the health, safety, and welfare of the residents and occupants of
the property.
The City may assess the cost of the maintenance or repairs or improvements
directly against benefitted lots to the extent permitted by law or may assess the
Common Area in which case the Association shall levy a special assessment
against the benefited lots to defray the total amount of the City assessment.
The title of the Association and the owners of lots in and to the Common Area
shall be made subject to a non-exclusive easement in favor of the City for the
purpose of ingress and egress for public safety enforcement and services, animal
control, health and protective inspections, to provide other public services
deemed necessary by the City, and for the purposes set forth herein.
Section 6-6-4-A of the Subdivision Ordinance and Title 6, Section 6-6-4(A) of the Prior Lake City
Code are hereby amended to read as follows:
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 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.
This Ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 15th day of May, 1995.
ATTEST: ~/~
Cl'l~ ~i¢(~N,¢¢~ El~ MAYOR
Published in the Prior Lake American on the 20~day of May, 1995.
Drafted by:
City of Prior Lake Planning Dept.
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
RS9509