A. An application for a final plat shall be approved or denied pursuant to Minnesota statutes section 462.358.
1. Compliance With Preliminary Plat: A final plat application shall be in substantial compliance with the approved preliminary plat, including any required modifications thereto.
2. Filing: A final plat application shall be filed with the planning and zoning administrator on an official application form. The application shall be accompanied by the fee as set forth in this code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the planning and zoning administrator, that describes the final plat. The application shall be considered as being officially submitted and complete when the subdivider has complied with all the specified submittal requirements, as described in this section.
3. Staff Analysis: Upon receiving a complete application, as determined by staff review, the planning and zoning administrator shall refer copies of the final plat to the city staff and other applicable public agencies as needed in order to receive written comments. The planning and zoning administrator shall instruct the appropriate staff person to: a) coordinate an analysis of the application, b) prepare technical reports and coordinate preparation of the development agreement, and c) assist in preparing a recommendation to the city council.
4. City Council Consideration: The city council shall consider a final plat as follows:
a. Upon receiving the reports and recommendations of the staff, the city administrator shall schedule the application for city council consideration. The council shall have the option of receiving additional testimony on the matter if they so choose.
b. The city council shall either approve or deny the application.
(1) The council may, if all reports indicate full compliance with the provisions of this title, approve the final plat and development agreement as submitted, and authorize the mayor and city administrator to sign the final plat and the development agreement. Failure to approve or disapprove the final plat within sixty (60) days of its submission shall be deemed to be approved as long as applicant has complied with all conditions and requirements upon which the preliminary plat was approved.
(2) The council may, if the report from the planning and zoning administrator indicates substantial deviation in the final plat from the approved preliminary plat, determine that the subdivider shall present a new plat; in which event, the council shall deny approval of the final plat and direct the subdivider to resubmit such subdivider's amended proposal following preliminary plat requirements.
c. Approval of a final plat and any related development agreement by the city council shall require passage by a majority vote of all its members. The council may require such revisions in the final plat as it deems necessary for the health, safety, general welfare and convenience of the city.
d. If a final plat is denied by the city council, the reasons for such action shall be recorded in the council proceedings and transmitted to the applicant within sixty (60) days.
5. Recording Of Final Plat: If the final plat is approved and signed by the mayor and city officials, the subdivider shall record the final plat with the county recorder or the registrar of titles. No substantive changes, erasures, modifications or revisions shall be made in any final plat after approval has been given by the city council and endorsed in writing on the plat.
6. Effect Of Approval: For two (2) years following final plat approval, unless the subdivider and city agree otherwise, no amendment to the comprehensive plan or other official controls shall apply to or affect the use, development density, lot size, or lot layout that was approved.
7. Effect Of Denial: If a final plat application is denied by the city council, the planning and zoning commission or city council shall not consider a similar application for a final plat affecting substantially the same property again for at least six (6) months from the date of its denial.
8. Expiration Of Final Plat Approval: Unless the city council specifically approves a different time period, the approval of a final plat shall expire two (2) years from the date it was approved, unless the applicant has recorded the final plat with Crow Wing County; or, unless before expiration of the two (2) year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: a) an explanation for why a final plat has not been filed, b) what, if any, good faith efforts have been made to complete the platting process, and c) the anticipated completion date. The Planning and Zoning Administrator may approve one such extension for a term not to exceed one additional year.
9. Mylars: The subdivider shall furnish the Planning and Zoning Administrator a mylar original and two (2) full size copies and one reduction of the final plat showing evidence of the final recording. The subdivider shall be responsible for any costs incurred pertaining to the verification of the final plat materials. The subdivider shall also furnish one reduced size mylar of the final plat with a scale no greater than one inch equals two hundred feet (1" = 200'), and an AutoCAD DWG or DXF file. Failure to furnish such copies shall be grounds for the City's refusal to issue building permits for lots within said final plat.
10. Modifications: No changes, erasures, modifications, or revisions shall be made in any final plat after approval has been given by the Council, unless said plat is resubmitted to the City and the City Council approves any such modifications. In the event that any such final plat is recorded without complying with this requirement, approval of such final plat can be rendered null and void by the Council and no building permits will be issued for lots within said final plat; and the Council shall institute proceedings to have the plat stricken from the records of the City and of the County. (Ord. 2014-02, 2-18-2014)