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HomeMy WebLinkAbout1006: Administration and EnforcementSubdivision Code City of Prior Lake 1006/1 SECTION 1006 ADMINISTRATION AND ENFORCEMENT SUBSECTIONS: 1006.100: NONPLATTED SUBDIVISIONS 1006.200: EXCEPTIONS, PLANNING COMMISSION RECOMMENDATIONS, STANDARDS 1006.300: PROCEDURES 1006.400: APPEAL TO DISTRICT COURT 1006.500: VIOLATIONS AND PENALTY 1006.100 NONPLATTED SUBDIVISIONS. 1006.101 Administrative Land Subdivisions/Combinations. The City may administratively approve a subdivision or combination of an existing platted property when it meets the following criteria: - The division/combination will not result in more than three (3) lots. - All newly created lots must meet the minimum standards of the zoning district in which they are located and the resulting lots must generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. - The division/combination will not cause any structure on the land to be in violation of the Zoning Code. - Any easements that may be required by the City must be granted. 1006.102 Administrative Land Subdivision/Combination Procedure. 1. An application for an administrative land subdivision/combination, signed by the applicant and the property owner, shall be submitted to the Community Development Department. The application shall be accompanied by the following: - Three (3) full scale copies and one (1) 11" by 17" reduction of a certificate of survey identifying the existing and proposed lot lines, as well as any existing structures on the Iots and the setbacks from the current and proposed lot lines. The certificate of survey shall also be submitted by electronic copy. - The required filing fee as established by the City Council in the City Fee Schedule. Subdivision Code City of Prior Lake 1006/2 2. Following receipt of a complete application, the City staff will review the application for conformance with the provision of the Zoning Code, the Subdivision Code and all other applicable City ordinances. 3. The Zoning Administrator shall take action to either approve or deny an administrative subdivision/combination and notify the applicant in writing of this decision within fifteen (15) business days of receipt of a completed application. 4. The decision of the Zoning Administrator to approve or deny an administrative land subdivision/combination may be appealed by an affected party within five (5) days of the decision. An appeal shall be processed according to the provisions of Subsection 1109.300 of the Zoning Code. 1006.103 Registered Land Surveys. All registered land surveys in the City shall be processed in the same manner as a combined preliminary and final plat application. In accordance with the standards set forth in the Subdivision Code for combined preliminary plat and final plat applications, the Planning Commission shall first approve the arrangement, sizes and relationships of proposed tracts in such registered land surveys, and tracts to be used as easements or roads should be so indicated. Unless a recommendation and approval have been obtained from the Planning Commission and City Council respectively, in accordance with the standards set forth in the Subdivision Code, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved. 1006.104 Conveyance By Metes And Bounds. No subdivision of property in which the land conveyed is described by metes and bounds shall be recorded. Building permits will be withheld for buildings or land that have been subdivided and conveyed by this method without City approval and the City may refuse to take over land as streets or roads or to improve, repair or maintain any such land. 1006.105 Exceptions. The provisions of Subsection 1006.104 do not apply where all the resulting , lots, or interests will be twenty (20) acres or larger in size and either at least five hundred feet (500') in width for residential uses or at least five (5) acres or larger in size for commercial and industrial uses. 1006.106 Council Resolution Waiving Requirements. In any case in which compliance with the restrictions in Subsection 1006.104 above will create an unnecessary hardship and failure to comply will not interfere with the purpose of this Section, the Council may waive such compliance by the adoption of a resolution to that effect and the conveyance may then be filed. 1006.107 Charges for Development of Vacant Property. The owner of any vacant property, which was or is conveyed by metes and bounds, shall be responsible to make any required dedications and pay any applicable development charges as set forth in Subsections 1005.400, 1005.500, and 1005.600 of the Subdivision Code prior to development of the property. The property shall be exempt from paying the street, sewer, water and stormwater charges if the subdivider can establish that the stated charges were paid or assessed by other means. Subdivision Code City of Prior Lake 1006/3 1006.200 EXCEPTIONS, PLANNING COMMISSION RECOMMENDATIONS, STANDARDS. 1006.201 Findinqs. The Planning Commission may recommend an exception to the minimum standards of the Subdivision Code (not the procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In recommending any exception, the Planning Commission shall prescribe any conditions that it deems necessary or desirable to protect and preserve the health, welfare and safety of the public and property values. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. An exception shall only be recommended when the Planning Commission finds: 1. That there are special circumstances or conditions affecting the property such that the strict application of the provisions of the Subdivision Code would deprive the subdivider of the reasonable use of his/her land; 2. That the granting of the exception will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which the property is situated; and 3. That the exception is to correct inequities resulting from a physical hardship such as topography. After considerations of the Planning Commission recommendations, the City Council may grant exceptions, subject to provisions (1), (2), and (3) of this Subsection. 1006.202 The provisions of Subsection 1006.201 of the Subdivision Code apply only to exceptions to the provisions of the Subdivision Code. Variances to the provisions of the Zoning Code including, but not limited to, setbacks, lot area and lot width, must be processed according to the provisions of Subsection 1108.400 of the Zoning Code. 1006.300 PROCEDURES. 1. Requests for an exception shall be filed with the Community Development Department on an official application form provided by the City. Such application shall be accompanied by a fee as established by the City Council in the City Fee Schedule. Such application shall also be accompanied by three (3) copies of detailed written and graphic materials necessary for the explanation of the request. 2. Upon receiving said application, the application, along with all related information, shall be referred to the Planning Commission for a report and recommendation to the City Council. 3. The Community Development Department shall set a date for a public hearing. Notice of such hearing shall be published in the official newspaper at least ten (10) days prior to said hearing, and individual property notices shall Subdivision Code City of Prior Lake 1006/4 be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within five hundred feet (500') of the property included in the request. 4. Failure of a property owner to receive said notice shall not invalidate any such proceedings. 5. The Planning Commission shall make a finding of fact and recommend such actions or conditions to the City Council relating to the request as it deems necessary to carry out the intent and purpose of the Subdivision Code. 6. The City Council shall not grant an exception until it has received a report and recommendation from the Planning Commission and the City staff or until sixty (60) days after the first regular Planning Commission meeting at which the request was considered, whichever occurs sooner. 7. Upon receiving the report and recommendation of the Planning Commission, the City Council shall make findings of fact and impose any conditions it considers necessary to protect the public health, safety and welfare. 8. The City Council shall decide whether to approve or deny a request for an exception within thirty (30) days after the public hearing on said request. 9. An exception to the Subdivision Code shall be by majority vote of the full City Council. 1006.400 APPEAL TO DISTRICT COURT. Any person aggrieved by an ordinance, rule, regulation, decision, or order of the City Council may appeal to court as provided by law. 1006.500 VIOLATIONS AND PENALTIES. 1006.501 Penalty. A violation of any provision of the Subdivision Code is a misdemeanor. Each day during which compliance is delayed shall constitute a separate offense. 1006.502 Sale of Lots From Unrecorded Plats. It shall be a misdemeanor to sell, trade, or otherwise convey any lot or piece of land as a part of, or in conformity with any plan, plat or replat of any subdivision or area located within the jurisdiction of the Subdivision Code unless said plan, plat or replat shall have first been approved pursuant to the Subdivision Code and recorded in the Office of the Recorder or Registrar of Scott County. 1006.503 Receiving or Recording Unapproved Plats. It shall be a misdemeanor for a private individual to receive or record in any public office any plans, plats of land laid out in building lots and streets, alleys 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 the Subdivision Code, unless the same shall bear thereon, by endorsement or Subdivision Code City of Prior Lake 1006/5 otherwise, the approval of the City Council. 1006.504 Misrepresentations. It shall be a misdemeanor for any person 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, water and storm sewer utility in said addition or subdivision has been constructed according to the plans and specifications approved by the City Council, or has been supervised or inspected by the City, when such improvements have not been so constructed, supervised or inspected. (Ord. Amd. 118-13, publ. 08/11/2018) (THIS SPACE INTENTIONALLY BLANK.)