Ch10.§3-3 · City of Nowthen public records

A. Minor arterial and collector streets will be constructed to the standards of the Minnesota Department of Transportation and the Anoka County Highway Department. B. Local streets shall be designed so the base and subbase requirements, as set forth in the State of Minnesota Highway Department Road Design Manual No. 5-291 for flexible pavement. In all cases, at least the top six (6) inches of the base shall be Class 5 gravel or a material as approved by the City Engineer. C. Street surfacing requirements may be deferred for local streets through approval of a Conditional Use Permit by the City Council, subject to the following: 1\. The property is residentially zoned. 2\. The division involves no more than three (3) buildable lots which front upon and gain direct driveway access to the right-of-way required in Section 10- 3-3.C.4 below, excluding outlots that may be reserved for future development. 3\. Divisions containing an existing principal residential structure which relies upon direct lot frontage or driveway access to the right-of-way required in Section 10-3-3.C.4 below, to meet all applicable City, County or State regulations, shall be considered one (1) of the three (3) lots. 4\. Right-of-way is dedicated for public use in accordance with the width requirements contained in Section 10-3-2. 5\. The right-of-way shall be considered a shared driveway until such time as the City agrees by resolution to accept and maintain the dedicated right-of- way as a public street, provided: a. Construction Standards. The shared driveway is constructed to meet street base and subbase requirements required by Section 10- 3-3.B.   b. Emergency Access. The driveway access requirements of Section 11-6-2.J are met and shown on approved plans. C. Maintenance of Shared Driveway. Until such time as the shared driveway is constructed to City road bituminous standards and accepted by the City as a public road, property owners shall agree on behalf of themselves their successors and assigns, that maintenance of the shared driveway shall be the sole responsibility of property owners fronting on the dedicated right-of-way and/or gaining access from the shared driveway unless otherwise agreed to in writing by the City. A shared driveway maintenance agreement shall be required, is subject to review and approval of the City Attorney and shall be recorded against all impacted properties. d. Deed Restriction Required. Until such time as the shared driveway is constructed to City road bituminous standards and accepted by the City as a public road, property owners shall agree on behalf of themselves their successors and assigns, that no additional property subject to the shared driveway agreement shall be further subdivided or platted without the City's express written consent. Further, the property owners shall acknowledge on behalf of themselves and their successors and assigns, that the properties may be subject to a future assessment pursuant to Minnesota Statute Chapter 429 or other relevant statute for the future improvement of the shared driveway, as constructed to City bituminous road standards, once the right-of-way is accepted by the City. The deed restriction is subject to review and approval of the City Attorney and shall be recorded against all properties impacted. (Ordinance #2, adopted November 14, 2006; Ordinance 2020-02, adopted June 9, 2020)

Ch.10 § 3-3

Amendment history