A. Prior to preparation of a preliminary plat, the applicant shall have a preliminary discussion in regard to the requirements of these regulations with the Zoning Administrator for the City. The applicant shall present a rough draft drawing of the proposed subdivision to the Zoning Administrator for review. At the discretion of the Zoning Administrator, the City Engineer and City Attorney may be consulted for preliminary engineering and legal opinions, respectively. At the discretion of the Zoning Administrator, the prospective applicant may be asked to come before the City Council for preliminary opinions as to policy matters or design options.
[§8-500, Paragraph A., amended by Ord. No. 91-2, effective June 12, 1992 and Ord. No. 01-08, effective January 17, 2002.]
B. Before subdividing any tract of land an owner or applicant shall submit to the Zoning Administrator at least 30 days before the regular Planning Commission meeting:
1. A completed application for Plat Approval on a form provided by the City. A "completed application" as used in this Article means that the items required pursuant to paragraphs 2., 3., 4., 5., and 6. below have all been submitted to the Zoning Administrator.
2. Six copies of the preliminary plat and all information required by the Checklist of Data form approved by the City Council and available at the City Hall
3. An application fee set by City Council Resolution which may be amended from time to time.
4. The application shall be accompanied by a wetland delineation and either a certificate of exemption or an approved wetlands replacement plan issued as required by Chapter 7C - Wetlands Zoning Regulations of this Code. The application will not be accepted if it is not accompanied by the appropriate wetlands documentation.
5. The preliminary plat shall be accompanied by a tree maintenance plan so that a determination can be made that the proposed development will be in compliance with the tree maintenance provisions of Chapter 20 of this City Code.
6. An inspection report from the City Forester, in compliance with City Code § 20-604, indicating one of the following:
a. There is no oak wilt on the subject property; or,
b. There is oak wilt on the subject property and the forester has approved of the disease control measures proposed by the applicant.
C. The Zoning Administrator shall forward a copy of the application to the City Planner and the Engineer.
D. Upon Receipt of an application:
1. The Zoning Administrator shall determine if the application is complete within 15 business days of submittal of an application.
2. Provided the application is complete, the Zoning Administrator shall review the City's records and inspect the property to determine that the property is generally in compliance with the Comprehensive Plan, the Zoning Ordinance and other parts of the City Code. If the property is not in compliance, the Zoning Administrator shall recommend to the Planning Commission that the application for subdivision be denied.
3. Provided the application is complete, copies will be forwarded to the City Engineer and City Planner to submit reports to the Planning Commission and City Council on the proposed subdivision.
E. The City Clerk shall publish notice of a public hearing to consider the complete application in the official paper at least 10 days prior to the hearing before the Planning Commission. Additionally, the City Clerk shall mail notice of the hearing as required by Minnesota Statutes.
F. The Planning Commission shall hold a public hearing on the proposed preliminary plat within 90 days of the Zoning Administrator's receipt of a completed application unless an extension of time has been requested by the applicant either in writing submitted to the zoning administrator or on the record at a Planning Commission meeting,
G. After the public hearing, the Planning Commission shall:
1. Adopt Findings of Fact and decide to recommend approval or denial of the application to the City Council; and,
2. Submit a written record of its proceedings, findings and recommendations to the City Council.
H. The City Council shall act on the preliminary plat within 120 days of the date on which the completed application was filed with the Zoning Administrator unless notice of an extension of the review period has been agreed to by the applicant. If the report of the Planning Commission has not been received in time to meet this requirement, the City Council may act on the preliminary plat without such report.
[§8-500, amended by Ord. No. 89-3, effective April 21, 1989, Ord. No. 92-2, effective April 17, 1992, Ord. No. 92-9, effective December 25, 199, Ord. No. 93-8, effective October 7, 1994, Ord. No. 94-5, effective January 12, 1996, Ord. No. 93-1, effective February 2, 1996, and Ord. No. 01-08, effective January 17, 2002, amended by Ord, No. 07-02, effective March 1, 2007, amended by Ord. No 08-02, effective March 6, 2008, amended by Ord. No. 13-01, effective January 31, 2013.]