Surveys / Survey Requirements / Property Lines

Surveys shall always be necessary for Proposals that require a land use application:

• Variances
• Special Use Permits
• Interim Use Permits
• Site Plan Reviews (non-residential projects)
• Etc.

Exception: If the applicant is improving a property such that building footprints, hardcover, etc, will not change (i.e. building upwards) and an old to-scale survey or site plan already provides all information necessary to complete a review, the old survey or site plan may be accepted for the new land use process at staff's discretion.

If you have questions about the New Brighton Survey Policy, please email Ben Gozola.

Surveys are never required for: interior remodels, re-roofs, re-siding, windows/doors.

Surveys will be required for residential building projects unless the work qualifies for one of the following exclusions:

• General maintenance projects (defined as the repair or replacement of an existing structure where no expansion is proposed) can be excluded from the survey requirement if the following occurs:
  • The applicant provides an old certified survey that shows the current location of the structure being replaced/repaired. Note that the dimensions of the proposed construction on the plan sets must match the old survey. Or,
  • The applicant provides a to-scale site plan showing that the structure being repaired or replaced is at least 3 feet away (see note) from any applicable setback, and there is no grading, stormwater, or maximum coverage concerns posed by the proposed project as determined by Department of Community Assets and Development staff.
    Note that staff is allowed to use discretion to accept a site plan when the distance from a setback is less than 3 feet based on the adjacent land. Is the adjacent land non-buildable? Is the adjacent land parkland? Is there little chance of anyone complaining either now or in the future if the project is built out of compliance? This discretion should only be exercised when staff is 100% certain that the potential for a nonconformity will not create any future problems.
• Additions to existing structures that expand the building footprint can be excluded from the survey requirement if:
  • The proposed addition is greater than five feet beyond any applicable structural setback requirement and
  • The low floor of the proposed addition will be at least three feet above the regulatory flood protection elevation based on an old survey or available LiDAR data and
  • The proposed addition will not require any grading with the potential to impact adjacent property and
  • The proposed addition will clearly be conforming to impervious surface requirements for the property by 2% or more
• Additions that do not require expansion of a building footprint(i.e. a second story addition) can be excluded from the survey requirement if:
  • The existing structure is greater than one foot beyond any applicable structural setback requirement and
  • The applicant provides adequate information to show the structure is either outside of the floodplain, or that the elevation of the existing structure meets all applicable floodplain requirements.

This final exception also applies to expansions that have been reviewed and approved through the land use process using an existing survey or site plan.

New residential construction will always require submittal of a survey to document the proposed grading extent, location of erosion control, proposed drainage following construction, etc. Exceptions to this rule include:

• Sheds or other small structures that do not require footings
• Fences

Floodplain Rule: Structures proposed within a floodplain and/or structures that will require grading within a floodplain will always require a survey.

If you have questions about the New Brighton Survey Policy, please email Ben Gozola.

Surveys will be required for commercial and industrial building projects unless the work qualifies for one of the following exclusions:

• General maintenance projects (defined as the repair or replacement of an existing structure where no expansion is proposed) can be excluded from the survey requirement if the following occurs:
  • The applicant provides an old certified survey which shows the current location of the structure being replaced/repaired. Note that the dimensions of the proposed construction on the plan sets must match the old survey or
  • The applicant provides a to-scale site plan showing that the structure being repaired or replaced is at least 3 feet away (see note) from any applicable setback, and there is no grading, stormwater, or maximum coverage concerns posed by the proposed project as determined by Department of Community Assets and Development staff.
    Note that staff is allowed to use discretion to accept a site plan when the distance from a setback is less than 3 feet based on the adjacent land. Is the adjacent land non-buildable? Is the adjacent land parkland? Is there little chance of anyone complaining either now or in the future if the project is built out of compliance? This discretion should only be exercised when staff is 100% certain that the potential for a nonconformity will not create any future problems.
• Additions to existing structures that expand the building footprint can be excluded from the survey requirement if:
  • The proposed addition is greater than five feet beyond any applicable structural setback requirement and
  • The low floor of the proposed addition will be at least three feet above the regulatory flood protection elevation based on an old survey or available LiDAR data and
  • The proposed addition will not require any grading within twenty (20) feet of adjacent property (note that engineering staff can still be requested to review the plans and/or conduct a site visit if there are any concerns about drainage issues) and
  • The proposed addition will clearly be conforming to impervious surface requirements for the property by 2% or more
• Additions that do not require expansion of a building footprint (i.e. a second story addition) can be excluded from the survey requirement if:
  • The existing structure is greater than one foot beyond any applicable structural setback requirement and
  • The applicant provides adequate information to show the structure is either outside of the floodplain, or that the elevation of the existing structure meets all applicable floodplain requirements

This final exception also applies to expansions that have been reviewed and approved through the land use process using an existing survey or site plan.

New commercial or industrial construction will always require submittal of a survey to document the proposed grading extent, location of erosion control, proposed drainage following construction, etc. Exceptions to this rule include:

• Sheds or other small structures that do not require footings
• Fences

Floodplain Rule: Structures proposed to be within a floodplain, and structures that will require grading within a floodplain, will always require a survey.

If you have questions about the New Brighton Survey Policy, please email Ben Gozola.

• Foundation surveys (a survey to certify the location and elevation of a structure prior to the framing of a structure) will not be required by the City of New Brighton. Applicants may wish to complete such a survey on their own accord to ensure a proposed structure is located and elevated as proposed to avoid significant future problems before it's too late.
• Applications for new construction or expansions of existing footprints will be required to provide an as-built foundation survey if one of the following criteria apply:
  • The proposed new construction will be within one foot of any applicable structural setback requirement
  • The proposed new construction is required to be reviewed for its lowest floor opening (flood plain areas)
  • The proposed new construction is being built in conjunction with a variance

If you have questions about the New Brighton Survey Policy, please email Ben Gozola.

Applications for new construction or expansions of existing footprints will be required to provide an as-built grading survey if one of the following criteria apply:

• The new construction includes proposed grading that will alter (or has the potential to alter) the drainage patterns onto adjacent property or
• The new construction will be within ten feet of any lot line or
• The proposed new construction is being built in conjunction with a variance or conditional use permit subject to specific grading or screening requirements or
• The proposed new construction is being built in accordance with an approved master grading plan

If you have questions about the New Brighton Survey Policy, please email Ben Gozola.

When survey requirements apply to a project, the Department of Community Assets and Development staff is encouraged to use discretion to minimize survey costs whenever possible by excluding extraneous information that will be unnecessary for determining zoning compliance.

If you have questions about the New Brighton Survey Policy, please email Ben Gozola.