(A) Sketch plan. In order to ensure that all applicants are informed of the procedural requirements and minimum standards of this subchapter and the requirements or limitations imposed by other City code provisions or plans, prior to the development of a preliminary plat, all applicants shall present a sketch plan to the City Clerk-Treasurer prior to filing a preliminary plat. The submittal shall be at least 15 days in advance of the next regular meeting of the Planning Commission. The Planning Commission will be informed of the submittal and shall be afforded the opportunity to comment to the sketch plan at their next regular meeting following the submittal.
(B) Preliminary plat.
(1) Filing. Twenty copies of the preliminary plat, to include computer media (.pdf files), and list of property owners located within 350 feet of the subject property obtained from and certified by Rice or Dakota County, shall be submitted to the City Clerk-Treasurer. The submittal shall be at least 15 days in advance of the next regular meeting of the Planning Commission. The required filing fee as established by Council resolution shall be paid and any necessary applications for variances from the provisions of this subchapter shall be submitted with the required fee. The proposed plat shall be placed on the agenda of the first possible Planning Commission meeting occurring after 15 days from the date of submission. The plan shall be considered as being officially submitted when all the information requirements are complied with.
(2) Hearing. The Planning Commission upon receipt of the application shall instruct the City Clerk-Treasurer to set a public hearing for public review of the preliminary plat. The hearing shall be established once adequate time has been allowed for staff and advisory body review of the plat. The Planning Commission shall conduct the hearing, and report its findings and make recommendations to the Council. Notice of the hearing shall consist of a legal property description, description of request and map detailing property location, and be published in the official newspaper at least ten days prior to the hearing and written notification of the hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question. Failure of a property owner to receive the notice shall not invalidate any such hearing proceeding as set forth in this subchapter.
(3) Technical assistance reports. After the public hearing has been set, the City Clerk-Treasurer shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Council.
(4) Review by other commissions or jurisdictions. The City Clerk-Treasurer shall refer copies of the preliminary plat to the park board, county, state or other public jurisdictions for their review and comment, where appropriate and when required.
(5) Planning Commission action. The Planning Commission shall make a recommendation to the Council immediately following the close of the public hearing. If the Planning Commission has not acted upon the preliminary plat within 60 days from the opening of the public hearing, the Council may act on the preliminary plat without the Planning Commission’s recommendation.
(6) Council action.
(a) If all requirements of this subchapter and as additionally imposed by the Planning Commission are complied with, the Council shall act upon the preliminary plat and may impose conditions and restrictions which are deemed necessary within 60 days of the date of the close of the Planning Commission’s public hearing.
(b) If the preliminary plat is not approved by the Council, the reasons for the action shall be recorded in the proceedings of the Council and transmitted to the applicant. If the preliminary plat is approved, the approval shall not constitute final acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this subchapter to be indicated on the final plat. The Council may require the revisions in the preliminary plat and final plat as it deems necessary for the health, safety, general welfare and convenience of the City.
(c) If the preliminary plat is approved by the Council, the subdivider must submit the final plat within 100 days after the approval or approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing and approved by the Council.
(C) Final plat.
(1) Filing. After the preliminary plat has been approved, final plat shall be submitted for review as set forth in the divisions which follow.
(2) Submission of final plat. Twenty copies of the final plat and supporting documentation, to include computer media (.pdf files), shall be submitted to the City Clerk-Treasurer for distribution to the City Council and appropriate City staff, 30 days prior to a Council meeting at which consideration is requested. During the 30 days, the City staff shall examine the final plat and prepare a recommendation.
(3) Approval of the Council. Upon receipt of a complete application, the final plat shall be submitted to the Council for consideration. If accepted and deemed to be consistent with the preliminary plat approval and the requirements of the City Code, the final plat shall be approved by resolution, which resolution shall provide for the acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the Council. If disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for the approval. The Council’s decision shall be made within 60 days after receipt of a complete application.
(4) Special assessments. When any existing special assessments which have been levied against the property described are to be divided and allocated to the respective lots in the proposed plat, the City Clerk-Treasurer shall estimate the clerical cost of preparing a revised assessment roll, filing the same with the County Auditor and making the division and allocation and, upon approval by the Council of the cost, the same shall be paid to the City Clerk-Treasurer before the final plat approval.
(5) Street addresses. With submission of the final plat, ten copies of the plat map showing all addresses, correctly labeled in conformance with all applicable county and City code provisions and policies, shall be supplied to the City Clerk-Treasurer for subsequent distribution to the utility companies and local school districts.
(6) Recording final plat. If the final plat is approved by the Council, the subdivider shall record it with the County Recorder within 100 days after the approval or approval of the final plat shall be considered void, unless a request for time extension is submitted in writing and approved by the Council. The subdivider shall, immediately upon recording, furnish the City Clerk-Treasurer with a print and reproducible tracing (hard copy and computer media) of the final plat showing evidence of the recording. No building permits shall be let for construction of any structure on any lot in the plat until the City has received evidence of the plat being recorded by the county.
(Ord. passed 3-20-2002, § 30.10; Ord. 2021-06, passed 5-10-2021)