A. Preparation And Filing: An application for a preliminary plat shall conform to all of the requirements enumerated in Section 10-2-7 of this Chapter, accompanied by a completed subdivision application form or other application forms as may be required, and the required filing fee and escrow amounts. At least fifteen (15) copies of the application shall be filed with the director of community development. Exhibits shall be submitted with the application and conform to the requirements set forth in Section 10-2-7 of this Chapter. An application will not be accepted until all of these requirements have been met.
B. Fees And Escrows:
1. At the time of submission of the preliminary plat, all fees and escrows as established by ordinance of the City Council shall be paid in cash to the finance director. Once the project is advertised for public hearing, this application fee is nonrefundable. Unused escrow amounts shall be refunded upon written request of the subdivider.
2. Where the City staff or consultants incur costs in excess of the fee or escrow submitted, the applicant shall be required to reimburse the City for the incurred costs. Such reimbursement shall be made prior to signing of the final plat by the Mayor and City Clerk. Reimbursable costs shall include charges incurred for written recommendations, printing, mailing, reproduction and graphic illustration, as well as professional charges for engineering, land surveying, planning, architectural, legal and other services related to the application.
C. Referrals and Comments:
1. Upon receipt of a complete application for a preliminary plat, the director of community development shall refer copies of the plat map to the following individuals or bodies:
a. The City Engineer;
b. School District 833;
c. The Minnesota Department of Transportation district engineer, if the proposed subdivision includes land abutting an established or proposed trunk highway;
d. The County Engineer, if the proposed subdivision includes land abutting a county or county state aid highway;
e. The State Commissioner of Natural Resources, if the proposed subdivision adjoins a public body of water;
f. The applicable Watershed Management District Board, and soil and water conservation district, if applicable;
g. All applicable utility companies;
h. The City’s Historical Preservation Officer; and
i. Other City personnel, at the discretion of the director of community development.
2. If appropriate, individuals or bodies to which the preliminary plat has been referred may submit their written comments to the director of community development one (1) week prior to the public hearing. If no report is received within this time period, it may be assumed that there are no objections to the subdivision as submitted.
D. Hearing By Planning Commission:
1. Time For Hearing: Within forty-five (45) days after the completed application is filed, the planning commission shall hold a public hearing on the preliminary plat.
2. Notice of Hearing:
a. Notice of the purpose, time and place of the public hearing shall be published in the official newspaper at least ten (10) days prior to the day of the hearing.
b. All property owners within five hundred feet (500') of the proposed subdivision shall be notified of the public hearing by mail, in writing. Failure of the Planning Commission to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings.
3. Appearances and Presentations: The subdivider or his/her representatives shall appear before the Planning Commission to answer questions concerning the plan. All persons interested shall be given an opportunity to make presentations.
4. Facts Considered: The Planning Commission shall study the practicality of the preliminary plat, taking into consideration the requirements of the City. The Planning Commission shall study and shall make recommendations on, and the City Council shall consider, the following:
a. The arrangement, location, and width of streets, their relation to the topography of the land, flood plain regulations, water supply, sewage disposal, surface drainage and lot sizes and arrangement.
b. The present and future development of and access to adjoining lands.
c. The requirements of this Title and the Zoning Ordinance.
d. Whether the proposed subdivision is consistent with applicable specific area plans or the Comprehensive Plan.
e. Whether the design is consistent with applicable development plans or policies and regulations.
f. Whether the physical characteristics of the site, including, but not limited to, topography, vegetation, susceptibility to erosion, flooding and water storage or retention and flood plain regulations, are suitable for this type and/or density of development or use contemplated.
g. The environmental impact of the subdivision design or proposed improvements.
h. Whether the design of the subdivision or the type of improvement is consistent with easements of record.
i. Traffic considerations.
j. Any other aspect affecting the public health, safety or welfare.
5. Conditions Imposed: Reasonable conditions may be imposed on the plat approval to negate any problem areas.
E. Report To City Council: The report of the Planning Commission shall be submitted to the governing body not later than sixty (60) days after the public hearing. If the Planning Commission fails to make a report, the governing body may proceed without such report. Failure to receive a report from the Planning Commission shall not invalidate the proceedings or actions of the governing body.
F. Action by City Council:
1. The City Council shall approve or deny the preliminary plat in whole or in part, within one hundred twenty (120) days of receipt of the preliminary plat, unless an extension of the review period has been agreed to in writing by the applicant or required by Minnesota Statutes or other administrative procedures. If the governing body fails to act within the review period, the application shall be deemed to be preliminarily approved.
2. Approval of a preliminary plat shall be approved in the form of a resolution by majority vote of the entire governing body. The governing body may require modifications, changes and revisions, or add conditions to the plan as it deems necessary to carry out the purpose and intent of this Title, the Zoning Ordinance or the Comprehensive Plan. Approval of the plan is an acceptance of the general layout and authorizes the subdivider to complete the steps necessary for final plat approval in accordance with the terms of preliminary approval. Such preliminary approval does not constitute final acceptance of the subdivision.
3. If the governing body denies approval of the preliminary plat, the reasons for such action shall be recorded and transmitted to the applicant unless otherwise stated in the resolution approving the preliminary plat. Said preliminary approval shall be for one (1) year from the date of preliminary plat approval by the governing body unless otherwise stated in the resolutions approving the preliminary or final plats where development of the project is in phases.
G. Qualifications Governing Approval of Preliminary Plat:
1. The approval of a preliminary plat by the City Council shall only constitute acceptance of the design as a basis for the preparation of the final plat by the owners or subdividers. Subsequent approval by appropriate officials having jurisdiction will be required of proposals pertaining to water supplies, storm drainage, sewage disposal, sidewalks, grading, gradients and roadway widths, and the surfacing of streets, flooding issues, restrictive covenants and similar items, prior to the approval of the final plat by the City. Organizations with appropriate review and approval authority may include, but are not limited to: Minnesota Department of Natural Resources, U.S. Army Corps of Engineers, U.S. Department of the Interior, Federal Emergency Management Agency, Minnesota Environmental Quality Board and the Metropolitan Council, and the appropriate watershed management organization.
2. No plan will be approved for a subdivision which includes any area subject to periodic flooding or which contains extremely poor drainage facilities which would make adequate drainage of the streets and lots impossible. The subdivider must agree to make improvements which will, in the opinion of the Building Official, Public Works Director and City Engineer or other approving agencies, make the area completely safe for occupancy while providing adequate street and lot drainage. These improvements shall not be in conflict with the City’s flood plain regulations.
H. Amendments to Approved Preliminary Plat: Should the applicant desire to amend an approved preliminary plat, an amended plan shall be reviewed in the same manner as a new preliminary plat, except for the public hearing and fee. If an increase in lots is proposed or, in the opinion of the Director of Community Development, the amendment is of such scope as to constitute a new plat, a complete application shall be refiled, and fees repaid.
I. Time Extensions: At least forty-five (45) days prior to the expiration of the preliminary plat approval, the subdivider may request a one-year time extension. The request shall be reviewed by the City staff and a recommendation forwarded to the City Council addressing such items as potential conflicts with the Comprehensive Plan or specific area plans; proposed conflicts with policy changes; changing transportation conditions, sidewalk policies, or applicable changes to any City ordinances.