(A) Pre-application meeting. At the subdivider’s option, a pre-application meeting shall be held including the subdivider, City Zoning Administrator, City Engineer, if requested by the Zoning Administrator, and the City Clerk/Treasurer. Discussion at this meeting shall be limited to procedure, chapter requirements and timing.
(B) Sketch plan review meeting with Planning Commission. An on-site review of a sketch plan by the Planning Commission is required prior to submission of an application for preliminary plat.
(1) The subdivider shall submit a digital copy of the sketch plan, 14 days prior to the normal Planning Commission meeting, in a format compatible with county’s coordinate-based parcel data. At that time, the subdivider shall also request a site visit as part of the formal agenda.
(2) The Planning Commission shall walk the property with the applicant. Commission members shall strive to identify any unique features of the property that should appear on a preliminary plat submittal.
(3) The Planning Commission shall not take action on the proposal, but may make suggestions to facilitate the preparation of an approvable preliminary plat or plan.
(C) Financial; security. The city may require that an applicant establish an escrow account or other financial security for the purpose of reimbursing the city for direct costs relating to professional services provided during the review, approval and inspection of the project. The city may charge the applicant a rate equal to the value of the service to the city. Services provided by city staff or contract professionals will be billed at an established rate.
(D) Metes and bounds subdivision approval. Where appropriate under the provisions of this chapter, the subdivider shall submit documents containing the essential information of a proposed plat or plan and including dimensions computed to one-hundredth of a foot and bearing computed to equivalent accuracy to the Planning Commission for approval. The review of the Planning Commission need not include a public hearing.
(1) The subdivider shall submit nine copies of his proposal to the Zoning Administrator 30 days prior to the normal Planning Commission meeting and pay the corresponding fee.
(2) The Zoning Administrator shall review the proposed subdivision for compliance with this chapter, including a field review at his or her discretion.
(3) The Planning Commission shall decide on approval of the subdivision within a reasonable time based on the resulting lots complying with this chapter, the feasibility of the resulting lots for their intended purpose, and the provision for access to adjacent properties. Conditions may be attached to an approval requiring appropriate improvements. No more than one subdivision into two parcels shall be allowed in a three-year period of time. An additional parcel for right-of-way or commonly-owned driveway access may also be allowed.
(4) The resulting land descriptions shall be prepared and signed by a registered land surveyor and shall comply with all provisions of this chapter.
(5) Failure of the subdivider to act after an approval of a metes and bounds subdivision within one year shall void the approval unless extended by the Planning Commission. A second extension shall require a new public hearing.
(E) Preliminary plat or preliminary condominium plat approval. The preliminary plat or preliminary condominium plan approval constitutes formal approval of the concept and design of the subdivision. The Planning Commission review shall include a public hearing and may include a field review at its discretion. All reports of city staff, DNR, road authorities and Parks Commission as well as citizen comments shall be reviewed and included in the hearing record. Related variance requests, rezoning requests and conditional use requests shall be heard concurrently with a subdivision request.
(1) The subdivider shall submit nine copies of his or her proposed plat or condominium plat to the Zoning Administrator 30 days prior to the normal Planning Commission meeting, pay the required fees and request a public hearing.
(2) The Zoning Administrator shall notify all property owner’s within 350 feet, by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing, including sufficient legal property description in the advertisement. The Zoning Administrator shall distribute one copy to each Planning Commission member, if the proposal is adjacent to a county highway, one copy to the County Engineer and, if the plat is in shorelands, one copy to the DNR postmarked at least ten days before the public hearing for review and comment.
(3) The Zoning Administrator shall review the proposed plat or plan as to content standards, necessary variances, from this chapter, necessary rezoning or necessary conditional use permits, and advise the subdivider and the Planning Commission of his or her findings.
(4) The subdivider shall make addition application for the necessary permits at least 30 days prior to the normal Planning Commission or Board of Adjustment meeting as applicable, if subdivider desires to have a concurrent public hearing for variance, conditional use or rezoning.
(5) The Planning Commission shall hold the public hearing and may continue the hearing as it deems necessary to allow all factual input it deems necessary to allow a decision. Lack of submission of comments by outside agencies shall be construed to mean the agency has no objections.
(6) The Planning Commission shall recommend the approval or disapproval of the preliminary plat or preliminary condominium plat to the council within 120 days of submission, and the findings shall be sent to the subdivider. The Planning Commission shall consider the following in its decision:
(a) Is the property properly zoned?
(b) Does the proposal conform to the requirements of the Zoning Ordinance?
(c) Does the proposal conform to the requirements of the Subdivision Ordinance?
(d) Have the concerns of the affected agencies been addressed?
(7) The City Council shall review the findings and recommendations of the Planning Commission at its next regular meeting and make the final determination.
(8) The City Council will hear any appeal within 30 days of the Planning Commission action and will re-notify anyone noticed for the public hearing. Said appeals will be filed with the City Clerk/ Treasurer within 15 days of the decision.
(9) Failure of the subdivider to act after an approval of preliminary plat or preliminary condominium plat within one year shall void the approval unless extended by the Planning Commission. A second extension shall require a new public hearing.
(F) Final plat or final condominium plat approval. Upon approval by the Planning Commission, the subdivider shall cause the final plat or final condominium plat, documents and concurrent documents to be prepared and submitted to the Planning Commission for recommendation to the City Council. All coincident variance requests, conditional use permit requests and/or rezoning requests shall either have been decided or be pending approval simultaneously with the final plat.
(1) The subdivider shall submit nine paper copies of the final plat or final condominium plat and concurrent documents to the Zoning Administrator 30 days prior to the Planning Commission meeting.
(2) The Zoning Administrator shall distribute the information received to the City Attorney, the City Engineer and an independent registered land surveyor, who shall review the submission for conformance with the standards and comment thereupon to the Planning Commission. The Zoning Administrator shall compare the final plat to the preliminary plat and comment thereupon. The City Attorney shall ascertain that all parties with an interest in the parcel to be divided are indicated as signers of the documents. The City Engineer shall determine that the improvements required have been completed or have been included in a development contract and that the required security has been posted with the City Council. The independent registered land surveyor shall compare the approved preliminary plat with the final plat, provide a plat check of the final plat, and verify that the final plat meets the survey standards required by state statutes.
(3) The Planning Commission shall review the reports of the City Attorney, City Engineer, Zoning Administrator and independent registered land surveyor and make recommendation to the City Council within 45 days of submission. The Planning Commission shall consider the following:
(a) Has the applicant complied with all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or execution of appropriate agreements assuring performance?
(b) Does the final plat or final condominium plat agree with the preliminary plat or preliminary condominium plat?
(c) Does the City Attorney agree that all parties with an interest in the property are shown as signers of the document?
(d) Does the City Engineer agree that all improvements required are satisfactorily completed or are guaranteed by contract with adequate financial security?
(e) Does an independent professional land surveyor agree the final document meets the statutory requirements?
(f) Has financial security been posted in the appropriate amount?
(4) The City Council shall review the proposal at its next regular meeting and decide the approval within 60 days of the submission of the final plat or final condominium plat to the city.
(5) Following approval by the City Council, the subdivider shall submit to the Zoning Administrator, two double mounted cloth backed prints on card stock (hard-shells) and two Mylar prints of the final plat or final condominium plat for signature by the Mayor and Clerk/Treasurer.
(6) Upon signature, the subdivider shall file all pertinent documents with the County Recorder. Failure to file a final plat or plan, within two years shall void the approval unless extended by the City Council.
(Ord. 906-2011, passed - -2011)