The owner of the land, or authorized agent, shall file an application for review by the Planning Commission and approval from the City Council of a preliminary plat.
(A) Submittal. The application shall:
(1) Be made on forms available from the zoning administrator;
(2) Include all contiguous holdings of the owner including land in common ownership as defined in these regulations;
(3) Be accompanied by minimum of 20 copies of the preliminary plat as described in §§ 153.105 et seq. and complying in all respects with these regulations;
(4) Include a list of names and addresses of all property owners within 350 feet of the proposed subdivision boundaries of the proposed subdivision by a certified abstract firm or equivalent;
(5) Be accompanied by a minimum of three copies of the preliminary construction plans as described in these regulations;
(6) Comply in all respects with the sketch plat and recommendations from the Planning Commission;
(7) Be accompanied by a fee as established in the city’s fee schedule;
(8) If the subdivider requests, or the Council requires that any existing special assessments which have been levied against the premises described in the subdivision be divided and allocated to the respective lots in subdivision plat, the assessor shall estimate the clerical cost of preparing the revised assessment roll, filing the same with the county auditor, and making the division and allocation, and upon approval by the county of the estimated cost the same shall be paid to the community treasurer in addition to the plat review fees, to cover the cost of preparing and filing the revised assessment; and
(9) Be presented to the zoning administrator at least four weeks prior to a regular meeting of the Commission.
(B) Complete application. The zoning administrator shall review the preliminary plat application to determine if it is complete. Within 15 business days after receipt of the application, the zoning administrator shall notify the applicant in writing if the application is incomplete, stating the items required to be submitted in order for the application to be considered complete. The city shall review the application within the time frame prescribed by law, commencing on the date a completed application has been received. References to other review deadlines in this chapter that are inconsistent with the maximum time frames allowed by law shall be considered advisory only and not compulsory.
(C) Referral of preliminary plat. The zoning administrator shall transmit the preliminary plat for review to member of the development review team and appropriate officials or agencies as deemed necessary or as mandated by law. The zoning administrator shall request that all officials and agencies to whom a request for review has been made, submit their report to the city within 30 calendar days after receipt of the request. The zoning administrator will consolidate all the reports submitted by the officials and agencies concerning the preliminary plat and shall submit a report to the Planning Commission. If no report is received from the zoning administrator within 15 calendar days, it will be assumed by the Planning Commission that there are no objections in the plan as submitted.
(D) Public notice and hearing. Upon receipt of a completed application for preliminary plat, the zoning administrator shall set a public hearing for the next scheduled meeting of the Planning Commission to be held at least four weeks after the date of the application. The zoning administrator shall submit a notice for publication in the official city newspaper at least ten calendar days prior to the public hearing. The zoning administrator shall mail notices to all property owners within 350 feet of the proposed subdivision and shall maintain file copies of the plat and construction plans when appropriate for public review prior to the hearing. The Planning Commission shall receive all public testimony on the proposed plat. It shall make a recommendation to the City Council by either approval, conditional approval, or disapprove with reasons stated.
(E) City Council review and approval. The zoning administrator will forward the Planning Commission’s recommendation, any public testimony, staff report, and application to the City Council for their review. The City Council shall approve, conditionally approve, or deny the preliminary plat within the time frame prescribed by law. If the applicant waives the 60-day rule under M.S. § 462.358, Subd. 3b, as it may be amended from time to time, the city has 120 days to approve or disapprove the preliminary plat, unless 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 these requirements, the Council may act on the preliminary plat without a report. If the preliminary plat is not approved, the reasons for the action shall be recorded in the proceedings and transmitted to the applicant. If the preliminary plan is approved, the approval shall not constitute final acceptance of the subdivision. All conditions required by the Council shall be submitted in writing to the applicant. The approval of a preliminary plat is an acceptance of the general layout as submitted, and indicates to the subdivider that he or she may proceed toward fulfilling the necessary steps for approval of the final plat in accordance with the terms of approval.
(F) Preliminary plat revisions. After the City Council has approved the preliminary plat and construction plans, the city may require that a revised preliminary plat or other submittal item be revised and resubmitted before the final plat can be applied for. The zoning administrator shall advise the applicant of any required changes and/or additions. One copy of the revised preliminary plat shall be returned to the city.
(G) Standards for approval of preliminary plats.
(1) No preliminary plat of a proposed subdivision shall be approved by the City Council unless the applicant proves by clear and convincing evidence that:
(a) The subdivision is in conformance with the comprehensive plan including the natural resources, land use, transportation, public facilities elements of the plan;
(b) All applicable provisions of the City Code are complied with;
(c) The area surrounding the subdivision can be planned and developed in coordination with and compatible with the proposed subdivision;
(d) Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed;
(e) Adequate provision has been made for sanitary sewer service and, if other methods of sewage disposal are proposed, that the systems will comply with federal, state, and local laws and regulations;
(f) All areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with the conditions;
(g) The proposed subdivision preserves the site’s important natural, cultural or historic features whenever possible;
(h) The proposed subdivision will not result in the scattered subdivision of land that leaves undeveloped parcels of land lacking urban services between developed parcels; and
(i) The subdivider has taken every effort to mitigate the impact of the proposed subdivision on public health, safety, and welfare.
(2) The City Council may disapprove a preliminary plat even though the land proposed for subdivision is zoned for the use to which the proposed subdivision will be put and the proposed use is consistent with the comprehensive plan if these standards are not meet.
(H) Public improvements. The City Council may require that all public improvements be installed and dedicated prior to the signing of the final subdivision plat by the city officials. If the City Council does not require that all public improvements be installed and dedicated prior to signing of the final subdivision plat, the City Council shall require that the applicant execute a developer’s agreement and provide security for the agreement as provided in §§ 153.065 et seq.
(I) Effective period of preliminary plat approval. The approval of a preliminary plat shall be effective for a period of one year from the date that the preliminary plat is approved by the City Council, at the end of which time the applicant must have submitted a final subdivision plat for approval. If a subdivision plat is not submitted for final approval within the one-year period, the preliminary approval shall be null and void, and the applicant shall be required to submit a new preliminary plat for review subject to the then applicable zoning restrictions and subdivision regulations.
(J) Zoning and subdivision regulations. Every preliminary plat shall conform to existing zoning regulations and subdivision regulations applicable at the time that the proposed preliminary is submitted for the approval by the City Council unless the City Council has taken official action toward amending the applicable zoning and subdivision regulations and the applicant has reason to know of that action.
(K) Model homes. For the purpose of allowing the early construction of model homes in a subdivision, the City Council may permit a portion of a major subdivision involving no more than two homes to be constructed with proper permits, provided the lots derive access from an existing city, township, county, or state highway, and provided no future road or other improvement is anticipated where the lots are proposed. The request for model homes shall be made concurrent with the application for preliminary plat approval. The model homes may be subject to additional requirements as determined by the City Council under the terms in the developer’s agreement.
(Ord. passed 1-23-2001; Am. Ord. 2005-03, passed 6-27-2005) Penalty, see § 153.999