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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 final 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 final plat as described in §§ 153.105 et seq. and complying in all respects with these regulations;
(4) Be accompanied by the developer’s agreement and security, if required, in a form satisfactory to the city attorney and in an amount established by the city engineer. The developer’s agreement shall include a provision that the subdivider shall comply with all the terms of the resolution of final subdivision plat approval as determined by the Planning Commission and shall include, but not be limited to, the performance of all required subdivision and off-site improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the City of Harris free and clear of all liens and encumbrances on the premises;
(5) Be accompanied by a minimum of three copies of the final construction plans as described in these regulations;
(6) A title insurance commitment or an opinion of title by the subdivider’s attorney addressed to the city;
(7) Receipts for the payment in full of real estate taxes and assessments due and payable in the year in which the final plat will be approved;
(8) Comply in all respects with the preliminary plat and recommendations from the Planning Commission;
(9) A check payable to the Chisago County recorder in the amount of the current filing fee shall be provided;
(10) Be accompanied by a fee as established in the city’s fee schedule; and
(11) 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 final 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 final plat. The zoning administrator shall transmit the final plat for review to members 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 final plat and shall submit a report to the Planning Commission. If no report is received within 15 calendar days, it will be assumed by the Planning Commission that there are no objections in the plan as submitted.
(D) Planning Commission review. Upon referral of the final plat the Planning Commission shall recommend that the plat be approved or denied and forward its findings to the City Council.
(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 or disapprove the final plat within 60 calendar days from its official submission date unless an extension is requested by the applicant.
(F) Endorsement of health authorities. The final subdivision plat shall be properly endorsed by the appropriate county and/or state health department agencies with respect to all sewer and water facilities and that same comply with all rules, regulations, and requirements of local government, regional, state, and federal authorities.
(Ord. passed 1-23-2001; Am. Ord. 2005-03, passed 6-27-2005) Penalty, see § 153.999
(A) Signing of plat.
(1) When installation of improvements is required prior to recordation of the final plat, there shall be written evidence that:
(a) The city engineer has signed a certificate stating that all of the required public facilities have been installed in a manner satisfactory to the city;
(b) The city attorney has stated that the necessary dedication of public lands and improvements has been accomplished; and
(c) The zoning administrator has confirmed that all conditions of the resolution have been satisfied.
(2) When installation of improvements is not required prior to recordation of the final plat, there shall be written evidence that:
(a) The city engineer has determined the appropriate amounts for security of the required public facilities have been provided in a manner satisfactory to the city;
(b) The city attorney stating that the necessary dedication of public lands and improvements has been accomplished; and
(c) The zoning administrator has confirmed that all conditions of the resolution have been satisfied.
(3) The chairperson of the Planning Commission shall endorse approval on the final plat after appropriate documents listed above have been made. The chairperson will sign the tracing cloth or reproducible mylar original of the final subdivision plat and two sepia prints of the final subdivision plat The sepia prints will be returned to the applicant’s engineer.
(B) Recordation of plat. It shall be the responsibility of the zoning administrator to file the final plat with the Chisago County recorder’s office within ten business days of the date of signature. Simultaneously, with the filing of the final plat, the zoning administrator shall record the developer’s agreement and any dedication together with legal documents as shall be required to be recorded by the city attorney.
(C) Sectionalizing major subdivision plats. Prior to granting final approval of a major subdivision plat, the City Council may permit the plat to be divided into two or more sections and may impose conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The City Council may require that the developer’s agreement and security be in an amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining amount of the security until the remaining sections of the plat are offered for filing. The sections must contain at least 30% of the total number of lots contained in the approved preliminary plat. The approval of all remaining sections not filed with the county recorder’s office shall automatically expire unless the sections have been approved for filing by the Planning Commission, all fees paid, all instruments and offers of dedication submitted and developer’s agreements, security and performance bonds, if any, approved and actually filed with the county recorder’s office within three years of the date of final subdivision approval of the subdivision plat.
(Ord. passed 1-23-2001)
(A) Effect of approval. Except as otherwise provided in this section, no vested rights shall accrue to the owner or developer of any subdivision by reason of preliminary or final plat approval until the actual signing of the final plat by the chairperson of the Planning Commission.
(B) Effect of recordation. Except as otherwise provided in this section, no vested rights shall accrue to the owner or developer of any subdivision by virtue of the recordation of a final plat.
(C) Applicable laws. To obtain final plat approval, the applicant shall be in compliance with all federal and state laws applicable at the time that the final plat is considered for approval by the City Council. The applicant also shall be in compliance with all local laws and regulations applicable at the time that the preliminary plat was submitted to the Planning Commission in accordance with §§ 153.040 et seq., except that the applicant shall comply with those local laws and regulations in effect at the time that the final plat is considered for approval by the Commission if the Planning Commission makes a determination on the record that compliance with any of those local laws and regulations is reasonably necessary to protect public health and safety. If the Planning Commission required the applicant to complete public improvements in the subdivision prior to final plat approval, and the improvements have, in fact, been completed, the applicant may be required to comply with local laws and regulations in effect at the time that the final plat is considered for approval only if the Planning Commission makes a finding on the record that compliance is necessary to prevent a substantial risk of injury to public health, safety and general welfare.
(Ord. passed 1-23-2001)
The applicant for subdivision approval may appeal the decisions made by the zoning administrator or the Planning Commission by filing a notice of appeal with the City Council, no later than 20 business days after the date of the decision by the zoning administrator or the Planning Commission. The notice of appeal shall set forth in clear and concise fashion the basis for the appeal. The appeal shall be considered at the next regularly scheduled public meeting of the City Council, at which time it may affirm or reverse the decision of the zoning administrator or the Planning Commission. The City Council shall render a decision affirming or reversing the Planning Commission no later than 45 calendar days after the date on which the notice of appeal is filed.
(Ord. passed 1-23-2001)
(A) The owner or owners of lots in any approved subdivision, including the developer, may petition the city to vacate the plat or portions of the plat with respect to their properties.
(1) Meeting with zoning administrator. Before preparing the application for the vacation of a subdivision or portion thereof, the applicant may meet with the zoning administrator to discuss the procedure for approval of a subdivision and the requirements in this chapter and other applicable regulations.
(2) Submittal. The application shall:
(a) Be made on forms available from the zoning administrator;
(b) Include all contiguous holdings of the owner including land in common ownership as defined in these regulations;
(c) Be accompanied by minimum of ten copies of the certified land survey as described in § 153.026 and complying in all respects with these regulations; and
(d) Be accompanied by a fee as established in the city’s fee schedule.
(3) Referral of vacation application. The zoning administrator shall transmit the application for review to members of the development review team and appropriate officials or agencies. 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 15 calendar days after receipt of the request. If no report is received within 15 days, it will be assumed by the zoning administrator that there are no objections in the survey as submitted.
(4) Public notice and hearing. The notice and hearing requirements established for a preliminary plat in division (A)(2) above shall be followed for all applications for vacations.
(5) Criteria. The City Council may approve all or a portion of the petition to vacate. When considering whether to grant or deny a petition for the vacation of a subdivision plat or portion thereof including a public street, alley, or public easement, the City Council shall consider the following:
(a) The proposed vacation is not in conflict with the city’s comprehensive plan;
(b) The proposed vacation does not continue to serve any public interest; and
(c) The terms and conditions of the vacation are reasonable to protect public health, safety, and welfare.
(6) Recordation of revised plat. Upon approval of any petition for vacation, the City Council may direct the petitioners to prepare a revised final plat in accordance with these regulations. The revised final plat may be recorded only after having been signed by the chairperson of the Planning Commission and the city attorney.
(B) The city may initiate a vacation process to vacate a plat or portions of the plat.
(1) General conditions. The Planning Commission, on its motion, may initiate a process to vacate a plat of an approved subdivision when:
(a) No lots within the approved subdivision have been sold within five years from the date that the plat was signed by the chairperson of the Planning Commission;
(b) The developer has breached a developer’s agreement and the municipality is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the developer or its successor;
(c) The plat has been of record for more than five years and the Planning Commission determines that the further sale of lots within the subdivision presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the developer or its successor; and
(d) A portion of a subdivision or public right-of-way or easement is determined to be no longer necessary to serve the public.
(2) Procedure. Upon any motion of the Planning Commission to initiate the vacation of a plat or portion thereof, shall follow the procedures established in this section.
(Ord. passed 1-23-2001)
(A) Procedure for resubdivision. Whenever a developer desires to resubdivide an already approved major subdivision, the developer shall obtain approval for the resubdivision by the same procedures prescribed for the major subdivision of land.
(B) Resubdivision. Resubdivision includes:
(1) Any change in any street layout or any other public improvement; or
(2) Any change in the amount of land reserved for public use or the common use of lot owners.
(C) Procedure for subdivisions when future resubdivision is indicated. Whenever land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there is reason to believe that the lots eventually will be resubdivided, the Planning Commission may require that the applicant provide for the future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of streets maybe made a requirement of preliminary plat approval.
(Ord. passed 1-23-2001)
(A) Restrictions and conditions for reconfigurations.
(1) Subdivision of land by metes and bounds description, for the purpose of creating more beneficial configurations for the affected parcels, may be allowed by administrative review and may be exempt from some requirements of this chapter provided the following conditions or restrictions are met:
(a) The proposed exchange of land area is between two or three contiguous parcels;
(b) Certificates of survey with legal descriptions of existing parcels and proposed parcels shall be required for lot reconfigurations;
(c) The exchange will not create a new buildable lot or add to the total number of buildable lots existing prior to the reconfiguration, but will change the shape, configuration, and legal description of the affected parcels;
(d) Each of the reconfigured lots will have an existing dwelling unit or buildable area(s) or future buildable area(s);
(e) No public easements need to be vacated or relocated because of the reconfiguration;
(f) A parcel which is conforming prior to the reconfiguration shall not be allowed to become nonconforming through the reconfiguration;
(g) A parcel which is nonconforming prior to the reconfiguration shall have its nonconforming characteristics reduced or eliminated through the reconfiguration;
(h) If the existing public road and the existing drainage and utility areas adjacent to the road have not been previously dedicated to the public, the landowners shall be required to give an easement deed for those areas; and
(i) The applicant(s) pay all city fees and out-of-pocket expenses associated with the lot reconfiguration.
(2) Every parcel of land is legally unique. There may be circumstances which are not fully contemplated by this section. For example, it may be necessary for the landowner to provide a wetlands delineation to verify that the reconfiguration will not adversely affect a wetland. Provided that a finding can be made that it is within the spirit and intent of this section to do so, the City Council may add to or modify the conditions and restrictions recited above.
(B) County approval, lot combination agreement, title review. Upon approval of the lot reconfiguration, each of the reconfigured lots must be approved by the Chisago County auditor for a single parcel and property tax identification number. At the county’s request or the city’s discretion a lot combination agreement may be required for recording, which permanently combines multiple parcels intended to represent single parcels. At the city’s discretion the applicant(s) may be required to furnish evidence of title or property control to the city attorney for review and report.
(C) Subdivision regulations exemptions. Provided the conditions of this section are met, public hearings, park land dedications, subdivision development contracts, and financial guarantees that are normally associated with the subdivision of land may be waived by the City Council.
(Ord. 2005-03, passed 6-27-2005)
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