(A) The requirements of §§ 151.075 et seq., Administration and Procedures, shall apply to all subdivision applications and procedures subject to development review under this chapter unless otherwise stated.
(B) Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the State of Minnesota to the City of Byron. The applicant has the duty of compliance with reasonable conditions laid down by the City Council for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economic developments of the municipality and to the safety and general welfare of the future lot owners in the subdivision and of the community at large.
(C) Exemptions.
(1) Subdivisions which meet the following circumstances are exempt from the regulations of this chapter:
(a) Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for agricultural or residential uses;
(b) Where all the resulting parcels, tracts, lots, or interests will be five acres or larger in size for commercial and industrial uses;
(c) Creating cemetery lots; or
(d) Subdivisions resulting from court orders or the adjustment of a lot line by the relocation of a common boundary.
(D) Authority to file applications. Subdivision applications for an individual property may be initiated by:
(1) The owner of the property that is the subject of the application; or
(2) An agent authorized by the owner of the property that is the subject of the application, which may include a lessee of the property. Evidence of such authorization shall be the signature of the property owner.
(3) If the property subject to an application is under more than one ownership, all owners or their authorized agents shall join in filing the application.
(E) Any subdivision abutting upon any existing or proposed trunk highway, county road or highway or county state-aid highway shall be subject to review of the Minnesota Department of Transportation and/or County Highway Department as specified in M.S. § 505.03 subd. 2. Written notice and a copy of the proposed subdivision shall be filed with the Minnesota Department of Transportation and/or County Highway Department for review and comment. Final action on a subdivision shall not be taken until the minimum 30 day review period has elapsed or until all referenced parties have signed off, whichever first occurs.
(F) Application fees.
(1) All applications for subdivision approval shall be accompanied by a processing and approval fee as determined in the city’s fee schedule.
(2) An escrow amount may be required by the city to pay for actual costs incurred by the city during the review process.
(G) Coordination of applications.
(1) Depending on the requirements of this Code, multiple applications may be required.
(2) City staff shall determine the order of application review based on the City Code, including this chapter and state requirements. Where possible, applications will be reviewed in tandem.
(3) Coordination with Planned Unit Development (PUD) applications.
(a) Subdivision review shall be carried out simultaneously with the review of flexible zoning applications under the zoning ordinance.
(b) The plans required for PUD applications shall be submitted in a form to satisfy the requirements of the subdivision regulations.
(d) The decision of the City Council on the PUD application shall be made prior to submittal of the final plat.
(e) Final plat. The decision of the City Council on the final plat shall be consistent with the decisions made on the PUD application.
(f) No building permit shall be issued for the project until the zoning application and final plat have been approved by the City Council, and the final plat is recorded by the County Recorder as required by this chapter.
(H) Withdrawal of applications.
(1) Any request for withdrawal of an application shall be submitted in writing to city staff.
(2) In all cases where the applicant has requested withdrawal of an application, the associated fee paid and any costs incurred by the city in the processing of the application shall not be refunded.
(I) Successive applications. No application which has been denied wholly or in part may be resubmitted for at least one year from the date of its submittal, unless substantial changes have been made which warrant reconsideration, as determined by city staff.
(J) Appeals of City Council decisions. All decisions made by the city regarding subdivision shall be final, except that any aggrieved person shall have the right to appeal within 30 days after delivery of the decision to the appellant, to the District Court in Olmsted County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the 30-day period defined above.
(Ord. 2023-02, passed 5-9-23)