Street Improvement Policy and Process
Now that Springvale has an effective road ordinance we need to define and refine our process to deal with everything from driveway permits to the receipt of request petitions for street improvements.
Driveway Permits:
Now that an Ordinance is in place and the Township has it’s own Driveway Permit Application and a fee is involved, which needs to be paid before the Township takes action on the Application, that, and as per instructions contained within said document, the document be returned to the Township Clerk and the fees deposited in the account of the Township. The Clerk will then contact the Road Supervisor for the continuance of the process. At the next Township Board meeting, the Road Supervisor will then make a report to the Township Board concerning the numbers of permits, addresses and names of the applicants, and a calculation of where in the process the individual permit request is.
Road and Street Improvements Process:
Policy: Under Minnesota Statutes Chapter 429, the initiation of road and street improvements in Springvale Township may be commenced by either of the following:
1. By the Town Board; or
2. By petition of affected property owners signed by not less than 35 percent of benefited properties abutting the streets named in the petition as the location for the improvement. All property owners of record for a particular property, i.e. on the County Tax Rolls, must sign the petition.[1] When there is greater than fifty percent (50%) of benefited property owners signing the petition, i.e. fifty one or greater percent (51% or more), the Board will proceed.
A summary of the steps necessary in such a proceeding are as follows:
1. The Township receives a request for road or street improvements.
2. The Township Board holds a “Neighborhood Meeting” to explain the 429 process before providing a petition for improvement. The property owners need to recognize the process and its ramifications, namely; that the property owners will be assessed their share, as per individual property, of the cost of the improvements according to state law according to the subsequent rise in property valuation.
1. The property owners get a petition signed and return it to the Township Clerk by the June Monthly meeting to be considered for improvement during that calendar year.
2. The Township Clerk checks the petition to verify that the requisite number of properties and property owners that have signed the petition are valid. For example: all property owners listed on the tax roll of a property must sign to count that property, all signers are on the impacted roadway...etc.
3. The petition is placed on the next Township Board meeting for action. If 35% of benefited properties signed the Petition, the Board will consider the petition. The Board does not necessarily have to proceed with the improvements. If 51% of benefited properties signed the Petition, the Board will proceed with the necessary steps for the improvement.
4. The Township of Springvale Board of Supervisors, in order to proceed, will, by resolution, accept the petition and order the Township Engineer to proceed with a feasibility study on the improvements requested.[1]
5. The Town Board shall secure from the Township Engineer a feasibility report advising it in a preliminary way as to whether the proposed improvement is necessary, cost-effective and feasible and whether it should best be made as proposed or in connection with some other improvement. The feasibility report shall also provide the anticipate costs of the improvement. The Town Board shall, by resolution, indicate its receipt of the report and schedule the public hearing on the proposed improvement.[2]
6. The Town Board shall hold a public hearing on the proposed improvement following two publications in the newspaper of a notice stating the time and place of the hearing and the general nature of the improvement, the estimated cost and the area proposed to be assessed. *When and if a petition is signed by 100% of the landowners the Town Board may order the improvement without a hearing.[3]
7. A resolution ordering the improvement and preparation of plans may be adopted at any time within six (6) months after the date of the hearing by vote of the majority of all members of the Town board when the improvement has been petitioned for by property owners of not less than 35%.[4] The Board in this resolution orders the Township Engineer to prepare the plans and specifications, advertise the project and obtain bids for construction.[5]*When there has been no petition, the resolution must be adopted by unanimous vote of all Town Board members.
8. The bids are received, tabulated, and presented to the Township Board. The Board orders, by resolution, the Public Improvement hearing, preparation of the assessment roll, and the assessment hearing.[6]
9. The assessment roll is prepared, mailed and published notices are sent out regarding the date and time of the public hearing on the proposed assessment. The two (2) hearings are held.
10. Barring appeal, the Township Board orders, by resolution, that the improvements shall be made.
11. The Board orders by resolution to adopt the assessment of the benefited properties.[7]
The improvements are completed and the assessments are levied against the benefited properties.
Policy approved 12/7/05
[1] The Town Board should receive a Petition for Local Improvement (more than 35% of property owners).
[2] The Town Board should have prepared a Resolution Declaring Adequacy of Petition and Ordering Preparation of Feasibility Report.
[3] The Town Board should have prepared a Resolution Receiving Report and Calling Hearing on Improvement.
[4] The Town Board should receive a Petition for Local Improvement (100 percent of property owners) and Agreement of Assessment and Waiver of Irregularity and Appeal.
[5] The Town Board should have prepared a Resolution Ordering Improvement and Preparation of Plans.
[6] The Town Board may prepare a separate Resolution Approving the Plans and Specifications and Ordering Advertisement for Bids at the Public Improvement Hearing
[7] the Town Board should have prepared a Resolution Declaring Cost to be Assessed and Ordering of Preparation of Proposed Assessment.
[8] The Town Board should have prepared a Resolution Adopting Assessment.
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