(A) Procedure for preliminary plan. In order to familiarize himself or herself with this chapter and related laws and to avoid costly revisions of plans and plats, the subdivider is encouraged to have a preliminary discussion with the Surveyor and Planning Commission.
(B) Submitting of preliminary plan and other information. Before dividing any tract of land into 2 or more lots or parcels, an owner or sub-divider shall, unless a variance is authorized, file with the Building Official:
(1) Six copies of the preliminary plan; protective covenants, if any; and a short statement of the impact of the proposed development upon the city, local water resources, including surface and subterranean, the city sewage system, the soil, vegetation and wildlife which will or might be affected by the proposed subdivision.
(2) A cash fee and per lot fee as set forth in the city fee schedule in § 32.01. This fee will be used for public expenses in connection with approval or disapproval of the plan and final plat which may thereafter be submitted.
(3) If the subdivider requests, or the Council requires that any existing special assessments which have been levied against the premises described in the subdivision be divided and allocated to the respective lots in subdivision plat, the Assessor shall estimate the clerical cost of preparing the revised assessment roll, filing the same with the County Auditor, and making such division and allocation, and upon approval by the county of such estimated cost the same shall be paid to the Community Treasurer in addition to the fee mentioned in division (B)(2) above, to cover the cost of preparing and filing such revised assessment.
(4) Subdivider shall fill out a “zoning form” or other application blank.
(C) The Building Official shall, upon receipt of the preliminary plan, refer 2 copies to the Planning Commission and 1 copy each to the Engineer and Surveyor.
(D) If the proposed subdivision abuts any federal trunk highway, the Building Official shall also refer 1 copy to the Minnesota District Highway Headquarters for review as required by state law.
(E) The Engineer, Surveyor, and the District Highway Engineer, if appropriate, shall within 15days, submit reports to the Planning Commission expressing recommendations for approval, disapproval or revisions. If no report is received within 15 days, it will be assumed by the Planning Commission that there are no objections in the plan as submitted.
(F) The Building Official shall set a public hearing on the preliminary plan such hearing to be held within 45 days. The City Council may authorize the Planning Commission to conduct the hearing and report upon the findings. The Building Official shall cause notice of the hearing to be published in the official newspaper at least 10 days prior to the hearing.
(G) The Planning Commission shall have the preliminary plan on its agenda at its next regular meeting following referral. This meeting may serve as the public hearing.
(H) At this first regular meeting following receipt of the above reports, the Planning Commission shall determine whether such plan conforms to design standards set forth in this chapter and conforms to adopted city plans. The Commission may approve a preliminary plan subject to certain revisions or conditions.
(I) The Planning Commission shall make its report to the Council on or before the second regular meeting of the Planning Commission following referral unless a delay is consented to by the applicant.
(J) The Council shall act on the preliminary plan within 60 days of the date on which it was filed with formal request for approval unless a delay is consented to by the applicant. If the report of the Planning Commission has not been received in time to meet these requirements, the Council may act on the preliminary plan without such a report.
(K) If the preliminary plan is not approved, the reasons for such action shall be recorded in the proceedings and transmitted to the applicant. If the preliminary plan is approved, such approval shall not constitute final acceptance of the subdivision. All conditions required by the Council shall be submitted in writing to the applicant.
(L) Should the subdivider desire to amend the preliminary plans as approved, he may resubmit the amended plan which shall follow the same procedure except for the hearing and fee unless the amendment in the opinion of the Planning Commission, of such scope as to constitute a new plat, then it shall be re-filed.
(Ord. 2011-06-07A, passed 6-7-2011)