(A) Administrative and minor subdivision. When in the best interest of the city and in cases of administrative or minor subdivision, the platting procedures of this title may be waived in accordance with the following:
(1) Administrative subdivisions.
(a) The following shall be considered an administrative subdivision:
1. A boundary adjustment relocating a property line between adjoining parcels, provided the subdivision does not create a new tax parcel and each parcel retains sufficient lot size required by Chapter 153;
2. A split of an existing platted lot to accommodate the separate ownership of each unit in a single-family attached dwelling, provided the subdivision does not increase the density beyond the maximum number of units allowed for that parcel by Chapter 153 or a developer's agreement approved by the City Council; or
3. A combination of two or more contiguous tax parcels into one parcel of record.
(b) The city may waive the platting requirement and administratively approve a subdivision in these instances.
(2) Minor subdivisions.
(a) The following shall be considered a minor subdivision:
1. A subdivision, other than a division of a single-family attached dwelling, that contains not more than three splits;
2. A subdivision by metes and bounds description which would increase the density of a tax parcel beyond what is allowed by its zoning classification; or
3. Any other subdivision of property by metes and bounds description, including a subdivision within the unincorporated area from the city's boundary for a distance of two miles, which is not defined as an administrative subdivision by division (A)(1) of this section.
(b) The city may waive the platting requirement and approve a minor subdivision in these instances.
(3) Approval. Administrative and minor subdivisions may be approved provided that:
(a) There is no need for public improvements as a result of the subdivision;
(b) The subdivision does not violate any provision of the Zoning Ordinance, Comprehensive Plan, or any other state or local ordinance;
(c) The subdivision does not adversely affect public health, safety, and general welfare;
(d) The subdivision is not part of a continuing scheme of lot splitting for a particular area;
(e) Any platted lot may be split up to four times through administrative or minor subdivision; and
(f) A completed City of Dilworth application form, legal description of the proposed parcels, drawing of the existing and proposed parcels, drawing of the existing and proposed parcels, setback of existing structures to the proposed property lines, and an explanation of any encroachments are provided to the City of Dilworth Planner and City Administrator.
(4) The applicant shall submit documentation that the respective township has received and approved the proposed subdivision and related use, as applicable.
(B) Preliminary plat.
(1) Application requirements. Prior to the filing of an application of a preliminary plat, the applicant shall meet with the City of Dilworth Planner and City Administrator for informal discussion of the proposed plat. A sketch plan may be used to facilitate discussion between the applicant and city staff regarding a proposed subdivision. After the pre-application meeting(s), the applicant must prepare and file with the city an electronic version and two large copies 22 inches by 34 inches, two 11 inch by 17 inch copies, and one reduced scale eight and one-half inch by 11 inch copy of a preliminary plat and supportive information which is in conformity with the requirements of § 154.05(A) and pay the appropriate review fee as established by the City Council, at least 15 working days prior to the regularly scheduled or special Planning Commission meeting at which it is proposed to be heard.
(2) Official application. The applicant must include any citizen action request form necessary to zone or rezone the proposed subdivision plat or development area, and for any anticipated variance(s) from the provisions of this chapter, as set out in § 154.03(C). The plat will be considered as being officially submitted when all of the information requirements are complied with and the appropriate review fee(s) paid.
(3) Subdivision jurisdiction. If the subdivision lies outside the city limits and within Dilworth's two mile subdivision jurisdiction and there are no immediate plans to annex, the city must refer one copy of the preliminary plat to the appropriate Township Planning Commission and one copy to the County Planning Commission for their review and comment. The applicant or owner may be required to appear at the Township Planning Commission or County Planning Commission. The Township Planning Commission and County Planning Commission are requested to forward their written comments to the City Planner within 60 days of receipt of the preliminary plat.
(4) Public hearing. Upon receipt of the completed application as outlined in division (B)(1) of this section, the City Planner will set a public hearing for public review of the preliminary plat by the Planning Commission. The hearing will be held within 60 days of the completed filing of the application. The applicant and/or their representative(s) must appear at the public hearing. Notice of the hearing may be legal or display advertisement and will consist of a legal property description, description of request, and must be published in the official newspaper at least ten days prior to the hearing.
(5) Review by other Commissions, jurisdictions, and/or utility companies. The applicant will refer copies of the preliminary plat to county, state, or other municipal jurisdictions, as well as utility companies, for their review and comment, where appropriate and when required.
(6) Planning Commission action. The Planning Commission will report its findings and make its recommendation to the City Council no later than 60 days after the close of public hearing described in division (B)(4) of this section. If the Planning Commission has not acted upon the preliminary plat within 60 days following the close of public hearing on such and in compliance with this chapter, the Council may act on the preliminary plat without the Planning Commission's recommendation.
(7) Preliminary plat approval. The Planning Commission's approval of the preliminary plat will not constitute approval of the final plat. Rather, it will be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat, which will be submitted to the Planning Commission, at a future date, and subsequent recommendation forwarded to the City Council for final plat approval and recording with the County Recorder, upon fulfillment of the requirements of these regulations and the conditions of conditional approval, if any.
(8) City Council action.
(a) The Council will approve or disapprove the preliminary plat within 60 days following the recommendation and report from the Planning Commission.
(b) If the preliminary plat is not approved by the City Council, the reasons for such action must be recorded in the proceedings of the Council and must be transmitted to the applicant. If the preliminary plat is approved, such approval will not constitute final acceptance of the design and layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this chapter to be indicated on the final plat. The City Council may impose such conditions and restrictions as it deems appropriate or require such revisions or modifications in the preliminary play or final plat as it deems necessary to protect the health, safety, comfort, general welfare, and convenience of the city.
(c) The City Council reserves the right to decline approval of a preliminary plat if due regard is not shown for the preservation of all natural features, such as topography, trees, and watercourses.
(9) Following City Council approval of a preliminary plat, the applicant must submit a final plat to the City Planner, to be reviewed and a recommendation made by the Planning Commission to the City Council, within 60 days of preliminary plat approval by the City Council unless a request for time extension is submitted in writing and approved by the City Council. If an extension is not made and the 60 day timeline passes, then approval of the preliminary plat will be considered void.
(10) If substantial modifications are necessary on an approved preliminary plat, the plat must be resubmitted for preliminary plat approval. However, if only minor modifications are necessary, the plat may be submitted as a final plat.
(C) Final plat.
(1) Submittal. After the preliminary plat has been approved, a final plat must be submitted for review as set forth in the divisions which follow. The final plat, which must be prepared by a certified land surveyor, will incorporate all minor corrections, modifications, and revisions required by the city and associated utility agencies, and conform to the approved preliminary plat. The applicant must complete a city action request form for final plat approval attaching the appropriate review fee.
(2) Compliance. All final plats must comply with the provisions of Minnesota State Statutes and requirements of this chapter.
(3) Review of a final plat. The applicant must prepare and file with the city an electronic version and two large copies 22 inches by 34 inches, two 11 inch by 17 inch copies, and one reduced scale, eight and one-half inch by 11 inch copy of a final plat and supportive information which is in conformity with the requirements of § 154.05(B), complete a city action request form, and pay the appropriate review fee as established by City Council, at least 15 working days prior to the regularly scheduled or special Planning Commission meeting at which it is proposed to be heard.
(4) Upon receipt of the completed application as outlined in division (C)(3) of this section, the City Planner must set a public hearing for public review of the final plat by the Planning Commission. The hearing will be held within 60 days of the completed filing of the application. The applicant and/or their representative(s) must appear at the public hearing. Notice of the hearing may be a legal or display advertisement and will consist of a legal property description, description of request, and will be published in the official newspaper at least ten days prior to the hearing.
(5) The applicant will refer copies of the final plat to county, state, or municipal jurisdictions, as well as utility companies, for their review and comment, where appropriate and when required.
(6) Prior to recording of a final plat, the city must have approved the developer's agreement with the property owner, which controls the installation of all municipal improvements, utility systems, sidewalks and boulevard trees, and other development issues. Said agreement will require all improvements to comply with approved engineering standards and applicable regulations.
(7) The Planning Commission will report its findings and make its recommendation to the City Council not later than 60 days after the close of public hearing described in division (C)(4) of this section. If the Planning Commission has not acted upon the final plat within 60 days following the close of public hearing on such and in compliance with this chapter, the Council may act on the final plat without the Planning Commission's recommendation.
(8) The City Council must take action on a final plat within 60 days after receiving the report and recommendation from the Planning Commission. If the final plat is not approved by the City Council, the reasons for such action will be recorded in the official proceedings of the city and will be transmitted to the applicant.
(9) Upon receiving final plat approval by the City Council the applicant or his/her agent must, within 60 days, provide the City Planner with all necessary mylars and hard boards for city designated representative signatures. After all city signatures have been applied to the mylars and hard boards the applicant will record said plat with the County Recorder within 60 days, or the approved final plat will be considered void unless the applicant receives an extension from the City Planner. Upon delivery of the final plat to the County Recorder, the applicant will be required to ensure that all applicable fees and taxes are paid.
(10) Upon recording of the final plat, the City Planner will notify the applicant or his/her agent of the recording and make available a signed copy of the plat.
(11) Upon receiving final plat approval, the applicant or his/her agent must submit a copy of the plat in electronic format compatible with software in use by the city at the time of submittal and with the Fargo-Moorhead Metropolitan Council of Governments layering scheme. The computerized plat must be referenced as county coordinates and provide a seamless edge match to the existing city database. Coordinates of existing plats will be provided by city staff.
(D) Denial of plat. The Planning Commission may recommend denial and the Council may deny a subdivision if it makes any of the following findings:
(1) Conflicts: that the proposed subdivision is in direct conflict with adopted applicable general and specific Comprehensive Plans of the city, county, or township;
(2) Physical characteristics: that the physical characteristics of this site, including, but not limited to, topography, percolation rate, soil conditions, susceptibility to erosion and siltation, susceptibility to flooding, water storage, drainage, and retention, are such that the site is not suitable for the type of development, design, or use contemplated;
(3) Density: that the site is not physically suitable for the proposed density of development;
(4) Environmental damage: that the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage;
(5) Public health: that the design of the subdivision or the type of improvements are likely to cause serious public health problems;
(6) Conflict with easement: that the design of the subdivision or the type of improvements will conflict with easements of record or with easements established by judgment of a court;
(7) Outside of boundaries: that the proposed subdivision is outside the boundaries of the city;
(8) Flooding provisions: that the proposed subdivision, its site, or its design adversely affects the flood carrying capacity of the floodway, increases flood stages and velocities, or increases flood hazards within the floodway fringe or within other areas of the city;
(9) MEQB policies: the proposed subdivision is inconsistent with the policies of the Minnesota Environmental Quality Board (MEQB), as may be amended, and could adversely impact critical environmental areas or potentially disrupt or destroy historic areas which are designated or officially recognized by the City Council in violation of federal and state historical preservation laws;
(10) The county, township, or developer has not certified in writing that they will assume all responsibility for repair and maintenance of dedicated streets until annexed to the city; and/or
(11) The township or county has not certified in writing that it has the capacity for and will provide police and fire protection and on-site sewer system inspections to ensure proper installation.
(Ord. passed - -)