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HomeMy WebLinkAbout98-12CITY OF PRIOR LAKE ORDINANCE NO. 98- 12 AN ORDINANCE AMENDING SECTION $-8-3 (A,3) OF THE PRIOR LAKE CITY CODE AND AMENDING SECTION 9.3 (A,3) OF THE PRIOR LAKE ZONING ORDINANCE 83-6. The City Council of the City of Prior Lake does hereby ordain: Section 5-8-3A.3 and 9.3A.3 are mended to read as follows: 3. Bluff Impact Zones, Bluff Setbacks and Engineering Report Required Structures and accessory facilities, except stairways and landings, shall not be placed in bluff impact zones. Bluff setbacks: As measured from the Top of Bluff, the upper end of a segment at least 25 feet in length having an average slope less than 18%. On properties determined to have a bluff, the applicant for a building permit on that property shall provide a report prepared and signed by a professional engineer registered by the State of Minnesota on the impact any excavation, fill or placement of structures will have on the site and whether the excavation, fill or placement of structures will cause any slope to become unstable or will impose loads that may affect the safety of structures or slopes. The report shall also include the engineer's recommendations so the site development will not interfere with adequate drainage for the site or adjacent properties, will not obstruct, damage or adversely affect existing sewer or drainage facilities, will not adversely affect the quality of stormwater nmoff, will not adversely affect downstream properties, wetlands or bodies of water and will not result in erosion or sedimentation. The owner of the property shall provide certification from a professional engineer registered by the State of Minnesota that the final grading of the site was completed in compliance with an approved grading plan and that the recommendations contained in the engineer's report have been adhered to. The property owner shall record a bluff indemnification agreement and a declaration of covenants in a form acceptable to the City Attorney which provides for owner maintenance of all slope areas, acceptance of all risks and liability associated with those areas and indemnification of the City from all associated claims. 16200 E~ll~in~98~igst~r~kn' Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~)a~qt7-4245 AN EQUAL OPPORTUNITY EMPLOYER The Building Official, the Planning Director and the City Engineer may waive the engineer's report requirement for replacement decks, new decks or additions to existing decks, and additions or new structures not exceeding 480 square feet in size under all of the following conditions: 1. A inspection of the site does not indicate any obvious erosion conditions. 2. There is no history of bluff failure on the site or on the adjacent lots. 3. All required setbacks are met. 4. The property owner records a bluff indemnification agreemant and a declaration of COV~Iallts. This ordinance shall become effective from and al~er its passage and publication. Passed by the City Council of the City of Prior Lake this 15th day of June, 1998. Mayor the Prior Lake American on the 20th day of June, 1998. Drained By: City of Prior Lake Planning Depa~h.ent r.'~council\ordinanc\98~ord9812.doe Page 2