Subd. 1. A complete application for final plat shall be submitted no later than one year after the date of approval of the preliminary plat, or a time as provided in the developers contract. Otherwise, the preliminary plat approval shall be considered void, unless an extension is requested in writing, and for good cause, is granted by the City Council.
Subd. 2. In considering time extensions for final plat submittals, the City Council shall consider the reasons for the extension. If the developer is unable to fulfill the schedule of the approved phasing plan, the City Council may consider allocating to a different development project the utility service area that was committed to the next phase of the plat. The subject plat would then wait until the following year for final plat or utility service area approval for its next phase.
Subd. 3. The final plat shall have incorporated all the conditions of City Council approval of the preliminary plat. In all other respects, the final plat shall substantially conform to the preliminary plat. It may constitute only that portion of the approved preliminary plat which the developer proposes to record and develop at that time, provided that such portion conforms with all the requirements of this chapter and further provided that the remaining phases of the development are platted as outlots.
Subd. 4. Approval of the engineering specifications required by this chapter pertaining to water supply, drainage, domestic wastewater, potable water, street lighting, gas and electric service, grading, roadway standards, widths, and surfacing of streets, shall be completed by the City Engineer and appropriate development contracts prepared prior to approval of the final plat by the City Council.
Subd. 5. The final plat application shall be considered to be officially filed when the Zoning Administrator has received and examined the application and has determined that the application is complete.
1. The following requirements shall be met before consideration of the final plat by the City Council.
a. The final plat shall substantially conform to the approved preliminary plat and phasing plan.
b. City Attorney approval of the status of title/property ownership related to the final plat.
c. Conditions attached to approval of the preliminary plat shall be fulfilled or secured by the development contract, as appropriate.
2. The City Council shall act on the final plat by motion. The motion shall include findings of fact supporting the approval or denial, and shall be entered in the proceedings of the City Council. The lack of a simple majority Council vote to affirmatively approve the final plat shall be a denial of the requested application.
3. Following approval of the final plat, the developer shall submit the following for review and approval by the city:
a. Completed development contract, including all required financial securities and timeframe for final plat and final grading completion;
b. All fees, charges, and escrow related to the preliminary or final plat shall be paid in full; and
c. Other items required by the city.
4. Sewer, water, and streets shall only be installed in the area included in the approved final plat. No construction/installation of sanitary sewer or water facilities or streets shall be allowed until approval of a final plat, approval of a development contract for the sewer, water, and streets, and recording of the contract.
Subd. 6. The City Council may deny the subdivision if it makes any one or more of the following findings.
1. The proposed subdivision is in direct conflict with adopted applicable general and specific Comprehensive Plans of the city or county.
2. The physical characteristics of this site, including, but not limited to, topography, percolation rate, soil conditions, susceptibility to erosion and siltation, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development, design, or use contemplated.
3. The site is not physically suitable for the proposed density of development.
4. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage.
5. The design of the subdivision or the type of improvements are likely to cause serious public health problems.
6. The design of the subdivision or the type of improvements will conflict with easements of record or with easements established by judgment of a court.
7. The proposed subdivision, its site, or its design adversely affects the flood-carrying capacity of the floodway, increases flood stages and velocities, or increases flood hazards within the floodway fringe or within other areas of the city.
8. The proposed subdivision is inconsistent with the policies and standards of the state defined Shoreland Districts or Wetland Overlay Districts.
(Ord. 2023-07, passed 6-14-2023)