[HISTORY: Adopted by the Town Board of the Town of Eureka 6-7-2005 (Ordinance 4, Ch. 2, of the
2005 Code). Amendments noted where applicable.]
The primary objectives of this chapter are to protect public
safety, reduce interference with public travel, protect the public's
interest in its rights-of-way, and to provide for the efficient and
uniform administration of the Township's road rights-of-way. The Town
Board finds that the regulations, requirements, and restrictions,
as set forth in this chapter, are in the best interests of the health,
safety, and welfare of the Township's citizens.
As a road authority, the Town Board has broad authority to regulate
what occurs within the Township's road rights-of-way. This authority
is found in M.S.A. § 365.10, Subdivision 17, a variety of
sections in Chapters 160, 164, 165, 169, 222, and 237, and other chapters,
as well as the rules associated with those chapters.
[Added 3-7-2023 by Ord. No. 2023-02]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
DRIVEWAY
A road giving access from a Township road, private road or
cartway to one or more dwelling units or agricultural buildings located
or to be constructed on adjacent lands.
FIELD APPROACH
An access route from a public road to an adjacent field or
pasture.
B. Permit required.
(1)
That all persons seeking to construct a new driveway, new field
approach or to convert an existing field approach to a driveway accessing
a Township road must apply for and obtain a driveway/culvert permit
from the Township prior to commencing construction.
(2)
Every application for an access driveway/culvert permit shall
provide such information as the Township may require.
(3)
No driveway/culvert permits shall be issued to persons not in
compliance with the terms of this section.
(4)
That all persons seeking to construct a new driveway, new field
approach or to convert an existing field approach to a driveway accessing
a county/state road must apply for and obtain a driveway/culvert permit
from Dakota County and/or State of Minnesota prior to commencing construction.
C. Conditions of permit.
(1)
Except for access onto county/state highways, no work under
this section is to be started until the Town Board or its designee
approves the access driveway or field approach permit application
and all applicable fees and escrow deposits have been received by
the Township. Access driveway or field approach on county/state highways
shall conform to ordinances or statutes of the county and/or state
as appropriate. A copy of a county or state permit shall be provided
to the Town Clerk.
(2)
All work performed by the applicant covered by this ordinance
shall comply with all specifications adopted by the Town Board and
any additional requirements of the Township Engineer.
(3)
No driveway or field approach shall cross a wetland unless the
wetland permit has first been obtained.
(4)
No obstructions shall be constructed or planted in the Township
right-of-way. Obstructions include, but are not limited to retaining
structures, rip rap, posts, trees, shrubs and other such items. Mailboxes
and support posts may be located within the Township right-of-way;
however, the Township is not responsible for damage to mailboxes or
posts during maintenance or snowplowing of the right-of-way. All mailbox
supports must comply with Federal Highway Administration and Postal
Service guidelines. Stone, masonry or other nonbreakaway mailbox supports
are not allowed within the Township right-of-way.
(5)
Applicant shall allow such persons as the Town Board shall designate
to enter onto their property for inspection purposes prior to the
issuance of the permit, during the progress of the work, and after
the permitted work has been completed.
(6)
Unless a written extension of time has been granted by the Town
Board or its designee, if work is not completed within one year of
the date of issuance of the permit, any driveway or field approach
permit which has been granted under this section is null and void
and applicant must reapply for a permit and pay the required fee should
they wish to continue with work covered under this ordinance.
(7)
If required by the Town Board or its designee, the applicant
shall provide and install the necessary pipe and aprons for the driveway
or field approach pursuant to the Township's specifications.
(8)
Applicant must locate the driveway or field approach at least
10 feet from the property line or as necessary to provide adequate
drainage onto the parcel the driveway serves.
(9)
Applicant must locate the driveway or field approach at least
300 feet from the intersection of any two or more public roads.
(10)
Applicant shall furnish and place all soils and other materials
needed in the construction or reconstruction of the driveway and/or
field approach embankment.
(11)
Unless otherwise agreed to by the Town Board or its designee,
the applicant will surface with gravel the portion of the driveway
or field approach within the road right-of-way.
(12)
The applicant may surface that portion of the driveway within
the road right-of-way using materials other than gravel provided the
applicant has obtained the approval of the Town Board or its designee
prior to the start of the work.
(13)
Where work on the traveled roadway is necessary, traffic must
be protected, and signing and proper barricades must be utilized pursuant
to the Minnesota Manual of Uniform Traffic Control Devices.
(14)
Dirt or debris from driveway/access construction activities
are not allowed on Township roads and shall be removed within 24 hours
of placement or within three hours' notice to do so by the Town
Board or its designee, whichever is earlier. If an applicant fails
to comply with this section, the Town Board may remove the dirt or
debris itself and charge the cost of clean up against the deposited
escrow money. Costs incurred by the Township to clean up the street
in excess of the deposited escrow money may be assessed to the offending
property owner pursuant to Minnesota Statutes §§ 429.101,
366.012 and any other relevant statutes.
(15)
Unless otherwise directed by the Town Board or its designee,
the roadside must be cleaned after work is completed and restored
to a condition similar to that prior to construction.
(16)
Applicant must place stakes in exact location of the proposed
driveway prior to review by Town Board or its designee, and again
prior to culvert delivery.
(17)
Applicant shall construct only one driveway or field approach
per parcel of land without the express written permission of the Town
Board.
(18)
Applicant shall be responsible for cleaning and maintenance
of any culvert installed under this ordinance. Should applicant fail
to comply with this requirement, the Township may assess the cost
of any maintenance to the applicant pursuant to Minnesota Statutes
§§ 429.101, 366.012 and any other relevant statutes.
(19)
If any excavation is to take place, "Gopher State One Call"
is to be notified at (800) 252-1166 prior to start of construction.
(20)
After construction is completed, the driveway shall remain clean
and free of debris at all times. Any debris deposited on the driveway
or roadway shall be removed immediately.
D. Inspection of the work, escrow amount and fees.
(1)
Prior to construction of the driveway and installation of the
culvert, the applicant shall meet with the Town Board or its designee
at the site to inspect the site, to determine the location of the
driveway or field approach, and to determine the scope of the work
to be performed. Every new driveway or field approach shall also be
required to have an inspection after the work is completed.
(2)
Applicant shall establish with the Township an escrow fund for
any costs incurred by the Township relating to the construction of
the driveway or installation of the culvert including, but not limited
to, repairing damage to any roadways as a result of the construction
of the driveway and the installation of the culvert, turf establishment
and removing an unacceptable driveway. The escrow amount shall be
collected even if there is an existing driveway on the property. The
amount of the initial escrow shall be established by a resolution
of the Town Board. If additional escrow is required or bills incurred
beyond the escrow amount, applicant shall be billed directly for such
costs and applicant agrees to furnish additional monies as requested
by the Township. Any amounts not utilized from this escrow fund shall
be returned to the applicant, without interest, when all improvements
have been completed, all financial obligations to the Township have
been satisfied, and the Town Board has approved the final inspection.
(3)
Applicant shall provide to the Township a nonrefundable permit
application fee (in addition to the escrow deposit) to cover the Township's
inspection costs. The Town Board shall establish the amount of the
permit application fee. In addition, the Town Board shall have the
authority to revise or redetermine (including rate increases) fees
whenever the Town Board deems necessary. However, an additional fee
as determined by the Town Board shall be required if the applicant
installs the driveway or field approach prior to obtaining a permit
or scheduling an inspection by the Township. This additional nonrefundable
permit application fee is to cover the Township's additional
inspection and administrative costs.
(4)
After construction is completed, the applicant shall notify
the Township that the work has been completed and is ready for final
inspection and approval by the Town Board or its designee.
(5)
No changes or alterations in the approved construction may be
made at any time without the written consent of the Town Board or
its designee.
(6)
If at the time of final inspection, the driveway and related
grading and turf establishment is found to be acceptable, any remaining
escrow deposit shall be refunded, without interest, at the next Township
Board meeting.
E. Indemnification.
(1)
The applicant, applicant's successors and assigns, as a
condition precedent to obtaining permit approval, hereby agree to
release Eureka Township, its officers and agents, from any and all
liability and claims concerning the herein above-described permit
request, construction of the subject work, and the finished driveway
or field approach.
(2)
The applicant, applicant's successors and assigns, as a
condition precedent to obtaining permit approval, hereby agree to
hold harmless, indemnify and defend Eureka Township, its officers
and agents, from any and all liability and claims concerning the herein
above described permit request, the construction of the subject driveway
or field approach, and the finished driveway or field approach, and
further shall be deemed to have consented to the assessment of clean-up
costs as set forth in this ordinance.
(3)
The Township shall have no responsibility to repair a driveway
or field approach that encroaches upon a public right-of-way that
is damaged during the course of Township maintenance of the roadway.
F. Violation.
(1)
A violation of this section shall be grounds for the immediate
revocation of the access driveway or field approach permit.
(2)
In the event of a violation of this section, the Town Board
may institute appropriate actions or proceedings, including requesting
injunctive relief to prevent, restrain, correct or abate such violations.
Should the Township determine to correct or abate such violations,
the applicant or property owner shall be invoiced for the Township's
costs not covered by the escrow deposit which shall be paid within
30 days of the date of the invoice, should the applicant or property
owner not reimburse the Township within said time, the Township shall
be authorized to certify said unreimbursed costs to the County Auditor
for payment with the owner's property taxes pursuant to Minnesota
Statutes §§ 429.101, 366.012 or any other relevant
statute.
(3)
Further, each day of violation of this section shall be deemed
a misdemeanor for which the Township may bring prosecution. In the
event of a successful prosecution, then the prosecution costs may
be added to any fines or penalties imposed by the court, all as provided
by statute. The maximum penalty shall be the same as the maximum penalty
provided by Minnesota law for misdemeanor violations.
G. Driveway property rights.
(1)
The owner of a buildable lot may be the sole owner of the driveway
that is 33 feet wide and provides access to a public road as required
by these ordinances.
(2)
The owner of a buildable lot may satisfy the requirement that
the lot have 33 feet of frontage on a public road by obtaining a permanent
easement on an adjacent parcel (the servient parcel) that provides
the buildable lot with permanent access to the public road by way
of a thirty-three-foot driveway easement. The easement will be in
a form acceptable to the Township and will be recorded against both
properties in the Dakota County Property Records. The terms of the
easement will ensure that it will not be voluntarily revoked or involuntarily
revoked while the building erected on the lot in reliance on the easement
for satisfaction of ordinance requirements remains. If the building
is destroyed or removed, the easement must remain in place to protect
the owner's right to rebuild at the owner's discretion.
H. Driveway sharing. Owners of two up to four lots may agree to share and maintain a driveway or any portion thereof to access an existing public road. One or more of the owners may enter into a permanent easement agreement with the owner of the land that satisfies the terms of Subsection
G(2) above. The agreement must specify terms for maintenance and cost sharing. The agreement must be approved by the Township. Legal evidence of such a sharing agreement shall be recorded with Dakota County referencing the affected lots. The shared portion of the driveway shall meet or exceed the following specifications:
(1)
The driveway shall be designed to at minimum support access
by emergency vehicles providing medical, fire, or police services.
(2)
There shall exist or be provided either by land ownership or
by permanent easement a road right-of-way at least 33 feet in width.
(3)
The driveway shall include a passing apron at the intersection
with the public road at least 18 feet in width and no less than 24
feet long.
(4)
The driving surface of the shared portion of the road shall
be at least 12 feet in width.
[Amended 3-7-2023 by Ord. No. 2023-02]
A. Road specifications. In any division of land in the Township of Eureka
in which it is necessary to construct a road to provide access for
more than four properties to an existing public road, such road shall
meet the following specifications:
(1) There shall be provided a road right-of-way at least 66 feet in width.
(2) The driving surface of the road as constructed shall be at least
24 feet in width.
(3) A seven-ton gravel base which shall require four inches of Class
V gravel and six inches of Class III gravel. The requirements for
sand and gravel may be reduced in thickness in the event that subsoil
conditions are well-drained. Any reduction in thickness must be in
accordance with inspection and the recommendations of the Township
Engineer or Town Board. In the event that subsoil conditions are poor
(e.g., peat, muck, etc.), all substandard subsoil must be removed,
and clean compacted fill used to bring the road up to grade before
the gravel bases are applied.
B. Public dedication. No road shall be dedicated to the public and accepted by the Township unless it meets the specifications in §
198-3A, Road specifications, above, and in addition has applied to it a two-inch blacktop mat (M.H.D. 2341 - "hot mix") and four-foot-wide gravel shoulders. Acceptance by the Township shall be in the form of a resolution adopted by the Town Board.
C. Traffic control. The traffic generated by any use shall be channelized
and controlled in a manner that will avoid:
(1) Congestion on the public streets;
(3) Excessive traffic through residential areas, particularly truck traffic.
A. Streets with a curb. Every vehicle parked upon any street with a
curb shall be parked parallel to the curb and with the right-hand
wheel of the vehicle within 12 inches of the curb unless otherwise
posted.
B. Streets with no curbs. On other streets a vehicle shall be parked
to the right of the main traveled portion of the road and parallel
to it unless otherwise posted. Parking shall be in a manner so that
it does not interfere with the free flow of traffic.
C. Disabled vehicle exception. This subsection shall apply to any vehicle
disabled upon any street. Every police officer of the Township shall
be authorized to require the person in charge of the disabled vehicle
to move it to a place of safety. Upon neglect or failure to move the
vehicle or in the case of any motor vehicle being left alone or abandoned
in any such position, the officer shall be authorized to provide for
the removal of the vehicle to the nearest convenient garage or other
place of safe keeping. The removal and storage charge shall be paid
by the owner of the vehicle.
[Amended 11-9-2022 by Ord. No. 2022-05]
D. House trailer parking. No person shall, for camping purposes, leave
or park a house trailer on any street or in the street right-of-way.
E. No parking spaces. At any time it shall be unlawful to permit any
vehicle to stand at any place where official signs prohibit parking,
except when necessary in the case of an emergency or in compliance
with the directions of a law enforcement officer.
F. Parking of commercial vehicles and other vehicles. No person shall
park any noncommercial vehicle or equipment, whether licensed or unlicensed,
on any public street, highway or alley in the Township for more than
48 consecutive hours. No person shall park any motorized vehicle as
described and defined in M.S.A. § 169.011, Subdivision 16,
commonly known as "commercial vehicles," whether licensed or unlicensed,
on any public street, highway or alley in the Township for more than
one hour. These provisions shall not be evaded or nullified by any
inconsequential moving of the vehicle or equipment. Inconsequential
moving includes movements of the vehicle for the purpose of defeating
this subsection.
[Amended 6-10-2019 by Res. No. 2019-07]
A. Boat launching (hand or trailered) through a Township right-of-way
is prohibited. Boat launching through a Township right-of-way may
only be made through designated public water access sites as provided
in Minnesota State Statutes. All public water access sites must be
maintained as provided in state statutes and adhere to the following
requirements:
(1) Parking must be provided for the anticipated usage of the access
site. If adequate parking is not available at the access site to prevent
users from parking along the shoulders of the roadway or in other
unacceptable locations, then the necessary lands must be secured adjacent
to the access site and roadway right-of-way.
(2) There shall be ample sight distance along the roadway in both directions
in order that vehicles entering and leaving the roadway will not create
a hazard to through traffic.
(3) Reasonable measures shall be taken to prevent pedestrians from entering
the roadway and from congregating on the roadway, thereby creating
a hazard to themselves and to the traveling public.
(4) The public water access site and other facilities shall not interfere
with the maintenance of the roadway or bridges and, if necessary,
shall be moved to accommodate reconstruction of the roadway or bridges.
(5) The Township shall be held harmless from any and all claims for damages
by persons using the access or claims for additional compensation
by the abutting landowners arising out of the using of roadway rights-of-way
for a non-highway facility.
B. The Township shall take reasonable measures to post or otherwise
control the use of Township right-of-way, and to prevent damage caused
by prohibited launching of boats through a right-of-way.
A. Cultivation. No person may cultivate, plant, harvest, or maintain
agricultural crops, trees, bushes, or shrubs within a right-of-way
which in any way impede or obstruct the visibility of the right-of-way.
B. Landscaping. No person may cultivate, plant, or maintain grasses,
flowers, vegetables, or other vegetation in any manner that obstructs
visibility of a road or otherwise interferes with, obstructs, or renders
dangerous for passage a right-of-way. No person may place watering
systems or sprinkler heads within a right-of-way.
A. Obstructions. No person may place, maintain, or allow any obstruction
in a right-of-way other than those specifically permitted by this
chapter, by state law or rule, or by written approval of the Town
Board. Items prohibited by this section include, but are not limited
to, fences, posts, structures, piled materials, hay bales, vehicles,
trailers, campers, equipment, or any other items that interfere with
the safe use or the maintenance of the right-of-way. No person shall
park a functioning vehicle in a right-of-way in such a way as to unreasonably
interfere with the safe use of a road or the maintenance of the right-of-way.
B. Junk. No person shall place or maintain junk in a right-of-way.
No person may alter or change the depth or contour of any portion
of any ditch or embankment in a right-of-way without written approval
of the Town Board.
No person may work, maintain, improve, or repair the traveled
portion of a right-of-way without the written approval of the Town
Board.
No person shall cause damage to a right-of-way without the written
approval of the Town Board. Any person doing damage within a right-of-way
with approval of the Town Board shall return the right-of-way to at
least the same condition it was in prior to the damage.
A. Mailboxes. Mailboxes and newspaper boxes are permitted within a right-of-way
if they do not interfere with, obstruct, or render dangerous for passage
a road. Mailboxes placed within a right-of-way must comply with all
of the standards in Minnesota Rules Chapter 8818. The Town Board may
remove and replace mailboxes that do not comply with the standards
as provided in M.S.A. § 169.072.
B. Signs. No sign of any nature may be placed or allowed to remain in
any right-of-way except an official traffic sign placed by a governmental
authority or other signage expressly permitted by state law.
A. Approaches. No person may construct or reconstruct any approach to
a road without first obtaining a permit from the Town Board. A person
may be required to submit a map or drawing of the existing or proposed
approach when seeking approval.
B. Culverts.
(1) A person constructing or reconstructing an approach may be required
to install a culvert meeting the specifications set out by the Town
Board if the Town Board determines a culvert is necessary for suitable
approach to the road and to promote adequate drainage of the right-of-way.
(2) The Town Board may require a culvert to be installed, or an existing
culvert to be replaced or maintained, if it determines it is necessary
for suitable approach to the road or to promote adequate drainage
of the right-of-way.
[Amended 8-13-2007 by Res. No. 59]
C. Costs. A person constructing or reconstructing an approach to an
existing road shall be responsible for paying all of the costs related
thereto, including the cost of seeking all necessary approvals and
the cost of a culvert if one is required. Property owners are responsible
for maintaining all approaches and associated culverts on their property
at their own cost.
D. Headwalls. No person may construct or reconstruct any headwall in
a way that interferes with the safe use or maintenance of a right-of-way.
The prohibitions, requirements, and restrictions contained in
this chapter do not apply to the Town Board; Township officers, employees,
or agents while operating within the course and scope of their duties
for the Township; or contractors while performing services within
the scope of a contract with the Township.
Any person receiving permission or a permit from the Town Board
as provided in this chapter must comply with all applicable federal,
state, and local laws and rules as well as all applicable Township
ordinances, resolutions, specifications, regulations, and policies.
Any person receiving permission or a permit must comply with all conditions,
requirements, and limitations the Town Board expresses as part of
the permission or permit. Failure to comply with any of the conditions,
requirements, or limitations shall void the permission or permit and
could place the person in violation of this chapter.
A. Correction order. Upon discovery of a violation of this chapter,
the Town Board may issue a correction order to the violator ordering
the person to correct the violation by a time certain. If the violator
fails to comply with the correction order by the time indicated in
the order, the Town Board may provide for the correction of the violation.
Issuance of a correction order does not preclude imposition of the
penalty set forth in this chapter.
B. Immediate correction. If the Town Board determines that the violation
creates an immediate threat to public safety, the Town Board will
make a good faith effort to notify the violator to immediately correct
the situation. If the Town Board is not able to promptly reach the
violator, or if the violator fails to immediately correct the situation
upon notification, the Town Board will provide for the correction
of the violation.
C. Cost of correction. The cost of correcting a violation shall be the
responsibility of the violator. If the Town Board provides for the
correction of the violation, all expenses incurred, including reasonable
attorneys' fees, shall be billed to the violator. If the bill is not
paid by the due date, the Town Board may exercise any lawful options
available to it to collect the amount due.
D. Penalty. With the exception of those violations governed by provisions
of M.S.A. Ch. 169, any person who violates this chapter shall be guilty
of a petty misdemeanor and subject to the penalties for such provided
in state law. Each day of existence of any such violation shall constitute
as a separate offense. If convicted, the person may be assessed costs
of prosecution as allowed by M.S.A. § 366.01, Subdivision
10.
[Amended 11-9-2022 by Ord. No. 2022-05]
The failure of the Town Board to exercise, and any delay in
exercising, any right under this chapter, including enforcement, shall
not operate as a waiver thereof and shall not constitute a waiver
of the Township's interest, however created, in any right-of-way,
easement, or any other type of property interest.
A. Intent. It is the intent of this section to supplement the laws of
the State of Minnesota, M.S.A. Chs. 84 and 168 through 171, as they
may be amended from time to time, with respect to the operation of
certain motor vehicles commonly called "snowmobiles" and "all-terrain
vehicles" (ATVs). This section is not intended to allow what the state
statutes prohibit.
[Amended 11-9-2022 by Ord. No. 2022-05]
B. Operation on Township roads. No person shall operate an all-terrain
vehicle (ATV) within any Township road right-of-way.
C. Operation on Township property. No person shall operate a snowmobile
or ATV on the Eureka Town Hall property or school property. Permission
from the Town Board may be granted to facilitate snowmobile and ATV
training classes.
D. Personal operation of snowmobiles and ATVs. No person shall operate
his/her snowmobile or ATV in a careless, reckless, or heedless manner,
which endangers other persons or their property.
A. The Town Board shall have the authority and responsibility to determine
how the Township roads shall be maintained and how plowing, grading,
paving, and brushing services shall be provided. The Town Board may
consider joint power agreements, contract services or other legal
means that the Town Board may find are in the public interest.
B. Snow plowing. It is illegal and punishable as a misdemeanor to plow,
shovel, blow, or place snow onto Township roadways.
A. No sign may, by reason of its location, color or intensity, create
a hazard to the safe and efficient movement of vehicles or pedestrian
traffic.
B. No private sign may contain words which might be construed as traffic
controls, such as "stop," "caution" or "warning," or otherwise resemble
any official marker erected by a governmental body or agency, unless
such sign is a directional sign.
The regulatory provisions of M.S.A. Ch. 169, as it may be amended
from time to time, are hereby adopted as a traffic ordinance regulating
the use of highways, streets, and alleys within the Township and are
hereby incorporated in and made a part of this chapter as completely
as if set out here in full.
The Township of Eureka may have a capital projects program to
address capital needs and/or discuss infrastructure programs. The
Planning Commission shall annually create a proposed plan for Town
Board review and modification or approval.
[Added 3-9-2009 by Ord.
No. 2009-3]
A. Title.
This section shall be known, cited, and referred to as the "Eureka
Township Uniform Street Naming and Addressing System Ordinance," herein
referred to as "this section."
B. Purpose,
jurisdiction and authority.
(1) Purpose.
The purpose of this section is to establish a uniform system for naming
streets and assigning numbers to dwellings, principal buildings, and
businesses to facilitate emergency services and deliveries and to
provide the general advantages of a uniform street naming and addressing
system.
(2) Jurisdiction.
This section applies to all Township roads located within the boundaries
of the Township. This section does not apply to county highways
[Amended 11-9-2022 by Ord. No. 2022-05]
(3) Authority.
This section is adopted pursuant to M.S.A. § 368.01, Subdivision
10, or successor statute.
C. Definitions.
As used in this section, the following terms have the meanings indicated:
COUNTY
Dakota County, Minnesota.
COUNTY HIGHWAY
Has the meaning given to it in M.S.A. §160.02, Subdivisions
17 and 18, as may be amended.
TOWNSHIP
Eureka Township, Dakota County, Minnesota.
TOWNSHIP ROAD
Has the meaning given to it in M.S.A. § 160.02,
Subdivision 28, as may be amended.
USNAS
The Dakota County Uniform Street Naming and Addressing System
Procedural Manual, as may be amended.
D. Standards adopted. Except as provided in Subsection
F of this section, the USNAS is adopted by reference and made a part of this section. The Township shall utilize the standards and guidelines set forth in the USNAS in naming Township roads and assigning addresses within the Township.
[Amended 11-9-2022 by Ord. No. 2022-05]
E. Administration.
The Eureka Township Clerk shall administer the street naming and addressing
system and all provisions of this section.
F. Changes
to existing occupied addresses. In place of the procedure provided
for in the USNAS, the Township adopts the following procedure for
requests to change the name of any Township road:
[Amended 11-9-2022 by Ord. No. 2022-05]
(1) Road
name changes will be allowed only when the road name is a duplicate
of another road within the designated postal area or within the county
and interferes with the accurate dispatch of emergency vehicles or
deliveries. A road name may also be changed when one road has two
commonly used names or where portions of what appears to be the same
road have two or more names. Any changes made shall be in conformance
with the USNAS.
(2) Procedure
for road name change:
(a) The person seeking to change the name of the Township road shall
initially make this request to the Eureka Town Board. The request
shall include the following information:
[1] The current name of the Township road.
[2] The proposed name of the Township road.
[3] An explanation as to why the change is necessary.
(b) The Town Board shall consider the request at its next regularly scheduled
meeting. If found to have merit, the Town Board shall direct the Planning
Commission to hold a public hearing on the matter.
(c) In addition to public notice as required by law, the Eureka Township
Clerk shall provide written notification to the applicant, all residents
owning property on the subject Township road, and all landowners with
property within 200 feet of the intersection of their street and the
subject Township road.
(d) The Planning Commission shall hold the public hearing, conduct further
investigation as needed, and make its recommendations to the Town
Board regarding the requested change.
(e) The Town Board shall consider the recommendation of the Planning
Commission and, if approved, pass a resolution affirming the name
change.
(3) Individual
address changes may be allowed if consistent with USNAS. The procedure
for individual address changes is as follows:
(a) The person seeking change of address shall provide written request
to the Eureka Township Clerk, providing the current address, proposed
address, and reason for request.
(b) The Township Clerk shall review the application for compliance with
USNAS. If consistent, the Township Clerk will place on the agenda
for the next regularly scheduled meeting of the Town Board.
(c) The Town Board shall consider the recommendation and, if approved,
pass a resolution affirming the address change.
(4) The Eureka Township Clerk shall provide the Dakota County Physical Development Division written notification of the resolution for name or address change. Notification shall also be provided to those people notified of the public hearing as in Subsection
F(2)(c) above.
G. Severability.
If any subsection, clause, provision, or portion of this section is
adjudged unconstitutional or invalid by a court of law, the remainder
of this section shall not be affected and shall remain in full force.
H. When effective.
This section shall be in full force and effect from and after its
passage and publication according to law.
ALLEY
A public or private right-of-way which affords a secondary
means of access to abutting property.
APPROACH
The area of the right-of-way between the traveled surface
of the road and the adjacent property that is intended to provide
access for vehicles or equipment from the road to the adjacent property.
HEADWALL
Rock, concrete, masonry, metal, timber or other similar materials
placed on the sides of an approach as support, to prevent erosion,
or for decorative purposes.
JUNK
Old or scrap signs, copper, brass, rope, rags, batteries,
paper, synthetic or organic trash, garbage, waste materials, rubbish,
rubber debris, appliances, waste, or junked, dismantled, or wrecked
automobiles or farm or construction machinery or parts thereof, iron,
steel, and other old or scrap ferrous or nonferrous material.