(A) (1) After the pre-application meeting, the subdivider must file with the Department of Community Development an application completed in compliance with all city regulations and 20 copies of the preliminary plat which has been prepared in accordance with the regulations set forth in this chapter. At the time of submission of the preliminary plat, a non-refundable subdivision filing fee and a minimum subdivision cash escrow as established in the fee resolution, set forth in the Appendix to this code, must be paid in cash to the City Treasurer. The fee will be placed in the general fund and the cash escrow must be held in a special subdivider's cash escrow account credited to the subdivider. Costs of city services, legal expenses and materials provided in reviewing and processing of the preliminary plat will be charged to the subdivider's cash escrow account and must be credited to the City of Brooklyn Park. The fees and costs to be paid by the subdivider are not contingent upon approval or denial of the preliminary plat or final plat.
(2) The Council must promulgate and adopt a set of rules, regulations and fees for services rendered by city personnel, and the rules, regulations and fee schedules are on file with the City Clerk for inspection. A copy thereof must be furnished upon request to the subdivider. The city must itemize all time, services and materials billed to any subdivider's cash escrow account. The subdivider making the deposit(s) in the subdivider's cash escrow account must upon request, be furnished a copy of the itemized charges.
(3) If, at any time, the balance in the subdivider's cash escrow account is depleted to less than 5% of the originally required cash escrow amount, the subdivider must deposit additional funds in the subdivider's cash escrow account in an amount as determined by the Planning Director and City Engineer, sufficient to cover all costs to be incurred by the city in implementing the platting process. Any balance remaining in the account upon completion of all platting conditions must be returned to the depositor by the Finance Department after all claims and charges thereto have been paid and after approval by City Council.
(4) Park dedication in the form of land or cash will be computed prior to approval of preliminary plat; however any amount of cash in lieu of dedication of land must be collected prior to the time the final plat is released for recording.
(B) The planning staff must refer copies of the preliminary plat to the Engineering Department. An engineering review will be made and a written report attached prior to forwarding to the Planning Commission.
(C) The planning staff must refer copies of the preliminary plat to the Parks and Recreation Department. A park and recreation staff review will be made, as needed, and forwarded to the planning staff prior to forwarding an overall staff report to the Planning Commission.
(D) The planning staff must refer copies of the preliminary plat to the Planning Commission. The planning staff will arrange for a public hearing to be held within 45 days of the filing date. The required legal publication must be made and notices must be sent to all property owners of record within 350 feet of the exterior boundary of the proposed plat.
(E) The subdivider or a duly authorized representative must attend the Planning Commission meetings at which this proposal is scheduled for consideration.
(F) (1) The Planning Commission and City Council must study the practicability of the preliminary plat taking into consideration the requirements of the city. Particular attention must be given, but not limited to, the arrangement, location, and width of streets, their relation to the topography of the land, flood plain regulations, water supply, sewage disposal, drainage, lot sizes and arrangement, the present and future development of adjoining lands, and the requirements of the comprehensive plan, and the zoning ordinance.
(2) The Planning Commission must study and must make recommendations and the City Council must consider the following: whether the proposed subdivision is consistent with applicable specific area plans or the comprehensive plan; whether the design is consistent with applicable development plans or policies; whether the physical characteristics of the site, including but not limited to, topography, vegetation, susceptibility to erosion, siltation, flooding and water storage or retention and flood plain regulations, are suitable for the type and/or density of development or use contemplated; the environmental impact of the subdivision design or proposed improvements; whether the design of the subdivision or the type of improvement is consistent with easements of record or easements established by judgment of a court; traffic considerations; and any other aspect affecting the public health, safety or welfare. The Planning Commission may recommend and the City Council may approve reasonable conditions on the plat to negate any problem areas.
(G) At the public hearing all persons interested in the proposed plat must be heard and the Planning Commission must within 30 days of the closing of the hearing, recommend approval, modify, or recommend disapproval of the preliminary plat or waiver of platting and submit to the City Council, the applicant and the City Manager, their findings and recommendations. The City Council must act upon the preliminary plat and send written notification of their action to the applicant. Failure of the governing body to act within 120 days of the filing of an application in complete compliance with the ordinance is deemed approval of the plat. The grounds for any refusal to approve a plat must be set forth by the Council in a resolution and reported to the applicant in writing. Should the subdivider desire to amend the preliminary plat as approved by the Council, the subdivider must submit the amended plat following the original procedure set forth, except for the public hearing and fees unless the Planning Commission considers the scope of the revisions to constitute a new plat, then the hearing and fees are required.
('72 Code, § 345:08) (Am. Ord. 1975-215(A), passed 12-8-75; Am. Ord. 1984-447(A), passed 4-9-84; Am. Ord. 1994-756, passed 5-9- 94)