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HomeMy WebLinkAbout701 Streets and Sidewalks SECTION 701 STREETS AND SIDEWALKS SUBSECTIONS: 701.100: REMOVE SNOW, RUBBISH 701.200: REPAIRS TO BE MADE 701.300: COLLECTIONS BY SPECIAL ASSESSMENT 701.400: REMOVE BUILDING MATERIALS, DEPOSIT REQUIRED 701.500: NUMBERING SYSTEM ADOPTED 701.600: STREET OVERLAY ASSESSMENT POLICY 701.700: NEWSRACKS 701.800: PRIVATE STREETS 701.100: REMOVE SNOW, RUBBISH: It shall be unlawful for any property owner or occupant not to remove snow, ice or rubbish from his abutting sidewalks within 48 hours after the end of a snow fall event and it shall be the primary responsibility of said owner or occupant to perform said removal for the full width of the sidewalk. 701.200: REPAIRS TO BE MADE: It shall be unlawful for any property owner or occupant not to make repairs to abutting sidewalks, and it shall be the primary responsibility of said owner or occupant to make said repairs. 701.300: COLLECTIONS BY SPECIAL ASSESSMENT: Pursuant to Minnesota Statutes Annotated 429.101 (1), the City Council may, if said charges are not paid when due, collect by special assessment any unpaid special charges for all or any part of the cost of performing the work enumerated in the foregoing subsections; providing, notice by certified mail with return receipt addressed to said owner of occupant is deposited in the U.S. mails at Prior Lake, Minnesota, at least seven (7) days before said work is undertaken. Pursuant to Minnesota Statutes Annotated 429.101 91), the Council, if said charges are not paid when due, collect by special assessment any unpaid special charges for all or any part of the cost of trimming and care of trees and the removal of unsound trees from any street; providing, notice by certified mail with return receipt addressed to said owner or occupant is deposited in the U.S. mails at Prior Lake, Minnesota, at least seven (7) days before said work is undertaken. 701.400: REMOVE BUILDING MATERIALS, DEPOSIT REQUIRED: Any person engaging in building, construction, excavation or other work within the City who causes mud or soil to be deposited on the streets or easements of the City shall clean said streets or easements to be satisfaction of the City Engineer. Any person engaging in building, construction, excavation or other work within the City who causes damages to the curb, gutter, street or sidewalks of the City shall repair said damages to the satisfaction of the City Engineer. Any applicant for a building permit shall deposit with the City Clerk a fee, determined Public Ways & Property City of Prior Lake 701/p2 annually by the City Council, as security to insure compliance with subsections 701.401 and 701.402. Should the person fail to comply with subsections 701.401 and 701.402, the City Engineer shall notify the person in violation, who shall then have twenty four (24) hours to comply. Any person not in compliance after twenty four (24) hours have elapsed shall forfeit his deposit and shall be billed for all clean-up or corrective work to rectify the problem. Upon proper compliance, the City Clerk shall refund in full the deposit provided for in subsection 701.403. 701.500: NUMBERING SYSTEM ADOPTED 701.501 Uniform Naming and Numbering System: A uniform system of naming and numbering properties and principal buildings, as shown in the manual of procedures identified by the title "Uniform Street Naming and Property Numbering System" which is filed in the County Courthouse is hereby adopted for use in the City. This map and all explanatory matter thereon, is hereby adopted and made a part of this subsection by reference. 701.502 Assignment of Names and Numbers: All properties or parcels of land within the City shall hereafter be identified by reference to the uniform numbering system adopted herein; provided, all existing numbers of property shall be changed to conform to the system herein adopted within six (6) months from the effective date hereof. The names of all streets in the City shall be as designated by the Uniform Street Naming System. Each principal building shall bear the number assigned to the frontage on which the front entrance is located. In case a principal building is occupied by more than one business or family dwelling unit, each separate front entrance of such principal building shall bear a separate number. Numerals indicating the official numbers for each principal building or each front entrance to such building shall be posted in a manner as to be visible from the street on which the property is located. 701.503 Administration: The City's designated official shall be responsible for maintaining the numbering system. In the performance of this responsibility, he shall be guided by the provisions of subsection 701.502. The City's designated official shall keep a record of all numbers assigned under this Section. The City's designated official, in cooperation with the local municipality, shall assign street names and numbers to any property in the City upon request of a number for each principal building or separate front entrance of such building. In doing so, the official shall assign only the numbers assigned to such building under the provisions of this Section. Provided, however, that the recorder may assign additional numerals in accord with the official numbering system whenever a property has been subdivided, a new front entrance opened or undue hardship has been worked on any property owner. Street names in existence prior to the effective date hereof may be retained subject to approval by the City. Public Ways & Property City of Prior Lake 701/p3 701.504 Penalty: Violation of this Section shall be a misdemeanor and may be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the City or County jail for a period not to exceed ninety (90) days, or by both fine and imprisonment. 701.600: STREET RECONSTRUCTION ASSESSMENT POLICY: (amd. Ord. 02-05, pub. 4/13/02) 701.601 Purpose: This subsection is hereby adopted to promulgate the street reconstruction assessment policy for street improvements made within the City from and after the date of its enactment. 701.602 Definitions: For the purpose of this Section, the following words are hereby defined: Curb: A street improvement whereby an asphalt, concrete or other material is formed at the edge of a street to form part of a gutter. Seal Coating: A street improvement whereby an existing paved street is covered with a thin layer of bituminous material and covered with an aggregate material to improve and seal the existing road surface. Street Reconstruction: Complete road reconstruction if the condition of the existing bituminous paved road has deteriorated to a state whereby repair is no longer determined to be economically feasible. (amd. Ord. 02-05, pub. 4/13/02) 701.603 Assessment Policy: (1) Street Reconstruction Improvements: Street reconstruction improvements of presently paved streets in the City shall be assessed at forty percent (40%) of the total project cost against the benefited properties. The remaining sixty percent (60%) of the project cost shall be paid from general ad valorem property taxes. (amd. Ord. 02-05, pub. 4/13/02) (2) Seal Coating Street Improvements: Seal coating street improvements shall be treated as a general maintenance expense which shall be entirely supported by the property taxes through a special levy spread over the entire City. (deleted by Ord. 02-05, pub. 4/13/02) (3) Assessments Determination: The street overlay improvements which are to be assessed shall be determined as follows: a. The assessments shall be based upon a footage charge (rate per foot times footage) or a unit charge, as determined by the City Council. b. All assessments shall be on a current basis and shall not be subject to a maximum footage or deferred classification. c. Front footage shall be determined in the following manner: ➢ Platted lots will be determined by the average width of the parcel. ➢ Double-sided lots will be assessed on the street address side or both sides if subdividable. ➢ Corner lots will be assessed on the short side. The footage which exceeds one hundred fifty feet (150') on the long side of those corner lots of exceptional size will also be assessed. Public Ways & Property City of Prior Lake 701/p4 ➢ Odd shaped lots will be assessed based upon parcels of comparable size. ➢ Unplatted parcels will be assessed the equivalent of the number of eighty foot (80') lots that may be created which front on the improvement. ➢ Nonbenefited parcels may be determined to be exempt from such assessment as determined by the City Council if the topography, access or zoning of a parcel is such that the use of the improvement is not feasible. d. Unit assessment shall be defined as a buildable lot of record. Instances in which a lot of record is eligible for subdivision, the number of units, for assessment purposes, shall be determined according to the City's Subdivision Ordinance in effect at time of assessment hearing. (4) Method of Payment and Interest: All assessments shall be subject to an interest rate as determined by the City Council. Said assessments may be paid without interest by the benefited property owner by paying the entire assessment within thirty (30) days of the public improvement assessment hearing. Partial payment reduction of the assessment principal shall be allowed only during the thirty (30) days following the assessment hearing. Upon certification of the assessment to the County, the assessment may only be paid annually as the assessment appears on the tax statement or may be paid in its entirety. (5) Assessment Term: This shall be determined annually by the City Council. 701.700: REGULATION OF NEWS RACKS: 701.701 Intent and Purpose: (1) Findings: The uncontrolled placement and maintenance of news racks in public right-of- way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way including pedestrians, person entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services. News racks so located as to cause an inconvenience or danger to persons using public rights-of-way, and unsightly news racks located therein, constitute public nuisances. These factors constitute an unreasonable interference with and obstruction of the use of public rights-of-way, constitute an unwarranted invasion of individual privacy, are injurious to health, offense to the senses, and constitute such an obstruction of the free use of property as to interfere in the comfortable enjoyment of life and property by the entire community. The City Council recognizes, however, that the use of such rights-of-way is so historically associated with the sale and distribution of newspapers and publications that access to those areas for such purposes should not be absolutely denied. The City Council further finds that these strong and competing interests require a reasonable accommodation that can only be satisfactorily achieved through the means of this ordinance that is designated to accommodate such interests regulating the time, place and manner of using such news racks. (2) Purpose: The provisions and prohibitions hereinafter contained and enacted are in Public Ways & Property City of Prior Lake 701/p5 pursuance of and for the purpose of securing and promoting the public health, morals and general welfare of persons in the City of Prior Lake in their use of public rights-of-way through the regulations of placement, appearance, number, size and servicing of news racks on the public rights-of-way so as to: ➢ provide for pedestrian and driving safety and convenience; ➢ ensure no unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress to or egress from any place of business or from the street to the sidewalk; ➢ provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs and signals, hydrants, mailboxes and similar appurtenances and access to locations used for public transportation purposes; ➢ reduce visual blight on the public rights-of-way, protect the quiet of residential areas; ➢ reduce exposure of the City to personal injury or property damage claims and litigation; and ➢ protect the right to distribute information protected by the United States and Minnesota Constitutions through use of news racks. (3) Preservation of Constitutional Rights. It is not the intent of this ordinance to in any way discriminate against, regulate or interfere with the publication, circulation, distribution or dissemination of any printed material that is constitutionally protected. 701.702 Definitions: As used in this subsection, unless the context otherwise clearly indicates, the following terms shall have the meanings designated herein: Block means one (1) side of a street between two (2) consecutive intersecting streets. Distributor means the person responsible for placing and maintaining a news rack in a public right-of-way. News rack means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or other news periodicals. Parkway means the area between the sidewalk and the curb of any street, and where there is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway that is not open to vehicular travel. Person means any person or persons or entity including but not limited to a corporation, partnership, unincorporated association or joint venture. Roadway means the traveled portion of any street or alley. Sidewalk means any surface provided for the exclusive use of pedestrians. Street means all the area dedicated to public use for public street purposes and shall Public Ways & Property City of Prior Lake 701/p6 include, but not be limited to, roadways, parkways, alleys and sidewalks. 701.703 News racks Prohibited. No person shall install, use or maintain any news rack which projects into, or which rests, wholly or in part, upon a roadway of any public street. No person shall install, use or maintain news racks: ➢ when such installation, use or maintenance endangers the safety of persons or property; ➢ when such site or location is used for public utility purposes or other governmental use; ➢ when such news rack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including parked or stopped vehicles, the ingress in or egress from any residence or place of business, the use of pole posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near said location; ➢ when such news rack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery; or ➢ in any other manner inconsistent with or in violation of the provisions of this subsection. 701.704 Permit Required: It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street or sidewalk or in any other public way or place in the City of Prior Lake any news rack without first having obtained a permit from the Public Works Director specifying the exact location of the news rack. One permit may be issued to include any number of news racks and shall be signed by the applicant. 701.705 Permit Application: Application for such permit shall be made, in writing, to the Public Works Director upon such form as shall be provided by him, and shall contain the name and address of the applicant, the proposed specific location of said news rack, and shall be signed by the applicant. From the application information, the Public Works Director shall approve the locations. He shall be guided therein solely by the standards and criteria set forth in this subsection. In any case where the Public Works Director disapproves of a particular location, such disapproval shall be without prejudice to the registrant designating a different location or locations. News racks shall only be permitted in the C-1, C-2, C-4, C-5 and I-1 Districts. 701.706 Conditions for Permit: Permits shall be issued for the installation of a news rack or news racks without prior inspection of the location but such news rack or news racks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this subsection. Permits shall be issued within five (5) working days after the application has been filed. A permit fee shall be established by the City Council. Such permits shall be valid for three (3) years and shall be renewable pursuant to the procedure for original applications referred to in subsection 701.805 and upon payment of the permit fee. 701.707 Hold Harmless: Every owner of a news rack who places or maintains a news rack on a public sidewalk or right-of-way in the City shall file a written statement with the Public Works Director in a form satisfactory to the City Attorney, whereby such owner agrees to Public Ways & Property City of Prior Lake 701/p7 indemnify and hold harmless the City, its officers and employees from any loss, liability or damage including expenses and costs for bodily or personal injury and for property damage sustained by any person as a result of the installation, use and/or maintenance of a news rack within the City. 701.708 News rack Identification Required: Every person who places or maintains a news rack on the streets of the City shall have his permit number, name, address and telephone number affixed to the news rack in a place where such information may be easily seen. Prior to the designation of location by the Public Works Director under subsection 701.809 herein, the applicant shall present evidence of compliance with this subsection. 701.709 Location, Placement and Number of News racks: Any news rack which rests in whole or in part upon or on any portion of a public right-of-way or which projects onto, into or over any part of a public right-of-way shall be located in accordance with the following provisions of this subsection. (1) No news rack shall be used or maintained which projects onto, into or over any part of the roadway of any public street, or which rests wholly or in part upon, along or over any portion of the roadway of any public street. (2) No news rack shall be chained, bolted or otherwise attached to any fixture located in the public right-of-way except to other news racks. (3) News racks may be placed next to each other, provided that no group of news racks shall extend for a distance of more than eight (8) feet along a curb, and a space of not less than three (3) feet shall separate each group of news racks. (4) No news rack shall be placed, installed, used or maintained: ➢ within ten (10) feet of any marked crosswalk; ➢ within fifteen (15) feet of the curb return of any unmarked crosswalk; ➢ within five (5) feet of any fire hydrant, fire call box, police call box or other emergency facility; ➢ within fifteen (15) feet of any driveway; ➢ within three (3) feet ahead or forty (40) feet to the rear of any sign marking a designated bus stop; ➢ within five (5) feet of the outer end of any bus bench; ➢ at any location whereby the clear space for the passageway of pedestrians is reduced to less than six (6) feet; ➢ within three (3) feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping, or within three (3) feet of any display window or any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window for display purposes. ➢ within 150 feet of any other news rack on the same side of the street in the same block containing the same issue or edition of the same publication; ➢ within five (5) feet of any access ramp for disabled persons. (5) No more than four (4) news racks shall be located on any public right-of-way within a Public Ways & Property City of Prior Lake 701/p8 space of two hundred (200) feet in any direction within the same block of the same street, provided however, that no more than eight (8) news racks shall be allowed on any one block. In determining which news racks shall be permitted to be located or to remain if already in place, the Public Works Director shall be guided solely by the following criteria: ➢ First priority shall be daily publications (published five or more days per week) ➢ Second priority shall be publications published two (2) to four (4) days per week. ➢ Third priority shall be publications published one (1) day per week. ➢ Fourth priority shall be publications published less often than one (1) day per week. 701.710 Standards for Maintenance and Installation. Any news rack which in whole or in part rests upon, in or over any public sidewalk or right-of-way shall comply with the following standards: (1) No news rack shall exceed five (5) feet in height, thirty (30) inches in width or two (2) feet in thickness. (2) No news rack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein. (3) Each news rack shall be equipped with a coin-returned mechanism to permit a person using the machine to secure an immediate refund in the event the person is unable to receive the paid for publication. The coin-return mechanism shall be maintained in good working order. (4) Each news rack shall have affixed to it in a readily visible place so as to be seen by anyone using the news rack, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for in this subsection. (5) All news racks shall be black, dark brown or gray. (6) Each news rack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each news rack shall be serviced and maintained so that: ➢ it is reasonably free of dirt and grease; ➢ it is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereon; ➢ it is reasonably free of rust and corrosion in the visible unpainted metal areas thereon; ➢ the clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration; ➢ the paper or cardboard parts or inserts thereof are reasonably free of tears, Public Ways & Property City of Prior Lake 701/p9 peeling or fading; and ➢ the structural parts thereof are not broken or unduly misshapen. 701.711 Violations. Upon determination by the Public Works Director that a news rack has been installed, used or maintained in violation of the provision of this subsection, an order to correct the offending condition shall be issued to the distributor of the news rack. Such order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail return receipt requested. The order shall specifically describe the offending condition, suggest actions necessary to correct the condition, and inform the news rack distributor of the right to appeal. Failure to properly correct the offending condition within five (5) days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the order or to appeal the order within three (3) days after its receipt shall result in the offending news rack being summarily removed and processed as unclaimed property. If the offending news rack is not properly identified as to owner under the provisions of subsection 701.808 hereof, it shall be removed immediately and processed as unclaimed property. An impound fee, which shall be measured by the City's cost and expense of impounding, shall be assessed against each news rack summarily removed. The Public Works Director shall cause inspection to be made of the corrected condition or of a news rack reinstalled after removal under this subsection. The distributor of said news rack shall be charged an inspection fee for each news rack so inspected. This charge shall be in addition to all other fees and charges required under this subsection. 701.712 Appeals. Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this subsection may appeal and shall be appraised of his right to appeal to the City Council. An appeal must be perfected within three (3) days after receipt of notice of any protested decision or action by filing with the Office of the Public Works Director a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date not more than thirty (30) days after receipt of the letter of appeal. The appellant shall be given at least ten (10) days notice of the time and place of the hearing. The City Council shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the determination of the Public Works Director should not be upheld. At the conclusion of the hearing, the City Council shall make a final and conclusive decision. 701.713 Abandonment. In the event a news rack remains empty for a period of thirty (30) continuous days, the same shall be deemed abandoned and may be treated in the manner as provided in subsection 701.811 for news racks in violation of the provisions of this subsection. 701.800: PRIVATE STREETS: 701.801 Private Streets Identified: (1) All streets identified as private on the City’s Official Street Map shall be considered private for maintenance purposes. (2) The following streets shall be considered private: a. Streets contained within outlots or lots under private ownership as detailed in Development Contracts with the City b. Streets contained within outlots or lots under private ownership without a Public Ways & Property City of Prior Lake 701/p10 public right of way or roadway easement c. Streets or driveways constructed within public right of way under a “Private Use of Public Property” permit d. Streets platted as “Drive”, “Driveway” or “Road” without reference to City or public dedication on the plat unless currently maintained or formally accepted by City Council Resolution 701.802: City Maintenance of Private Streets: City Maintenance on Private Streets shall be limited to the following: (1) Repair of damage directly due to the City’s maintenance of trail, water, sanitary sewer and storm water systems. (2) Maintenance as detailed in written agreements that demonstrate they were approved by resolution by the City Council. (3) Snow removal for access of utilities shall be limited to emergency situations only. (4) Application of winter maintenance ice control and snow removal measures shall not be done on private streets unless requested by the Fire Chief or Police Chief for emergency vehicle access. 701.803 Process to Petition for Adoption of Private Street as Public Streets (1) Any petition requesting a Private Street be adopted as a Public Street must include the signatures of 100% of the property owners having interest in the roadway. (2) Ownership of the existing right of way or required easements must be transferred to the City. (3) A registered land survey of the proposed public right of way must be provided to the City. (4) The existing right of way or easements shall be a minimum of 40 feet in width and shall be reviewed by the City Engineer to determine whether additional width is necessary for maintenance of the street. Any costs associated with providing the necessary right of way shall be the responsibility of the petitioner(s). (5) All costs associated with the transfer of the street maintenance responsibilities shall be paid by the petitioners. (6) An evaluation of the street and condition shall be completed by City Staff prior to acceptance. The City Council may require upgrade or reconstruction of the street prior to acceptance by the City at 100% cost to the petitioners. If upgrade or reconstruction is not required the street shall be included in the City’s standard maintenance policy for maintenance. (7) Whether to approve or deny the petition for a private street to be accepted by the City and thereafter considered “public” is within the sole discretion of the City Council. Public Ways & Property City of Prior Lake 701/p11 (Ord. Amd. 001-09, publ. 09/08/2001) (Ord. Amd. 109-14, publ. 12/12/2009) (Ord. Amd. 117-05, publ. 04/01/2017) (Ord. Amd. 118-19, publ. 12/15/2018)