A. Submittal To The Planning Commission:
1. Application Requirements: After the preliminary plat has been approved, a final plat shall be submitted to the zoning official with a request for final plat. This step must take place within one year from the date of the preliminary plat approval or the process restarts. The final plat, which must be prepared by a certified land surveyor, will incorporate all corrections, modifications, and revisions required by the city, other agencies, and affected utility companies, and conform to the approved preliminary plat. The applicant must submit eight (8) large size copies in a scale no smaller than one inch equals one hundred feet (1" = 100'), and one reduced scale (8.5 x 11) copy of a preliminary plat and supportive information, and pay the appropriate filing fees as established in section 3-8-1 of this code. All plats must comply with the provision of the Minnesota statutes, Clay County requirements and of this title. (Ord. 232, 12-2-2002; amd. Ord. 246, 12-3-2007)
2. Zoning Official Review: The zoning official shall review the final plat and prepare a report stating whether the final plat is in substantial agreement with the city's ordinances, state statutes, and all of the conditions attached to the approval of the preliminary plat and, if not, in which particulars there is disagreement.
3. Public Hearing: Upon request of the planning commission or the city council, the zoning official may schedule a public hearing for the purpose of public review of the final plat. If requested by the planning commission or the city council, the public hearing will be held within forty (40) days of the date of filing of the completed application. The applicant and/or their representative(s) must appear at the public hearing. Notice of the public hearing must appear in the official newspaper at least ten (10) days prior to the hearing and must, at a minimum, consist of a legal description of the property and a description of the request. The city will refer copies of the final plat to other affected county, state, or local jurisdictions, utilities, or other agencies for their review and comment, where appropriate and when required.
4. Planning Commission Action: Within no more than ten (10) days after the requested public hearing, the planning commission will report its findings and make its recommendations to the city council. Upon the determination of its recommendation, the planning commission shall embrace the same with a motion which shall include: reasons for granting approval, or reasons for rejection of the final plat. The subdivider shall be notified of the action together with reasons for approval or rejection.
If approved, a copy of the resolution of the planning commission approving the final plat shall be sent to the city council, together with the plat, and such other data as the planning commission shall determine necessary. If the planning commission approves the final plat, the chairman shall sign the same. If the planning commission does not act upon the request within ten (10) days following the meeting at which the final plat was considered, the city council may act upon the request without the planning commission's recommendation.
If the planning commission determines that it cannot approve the final plat without certain conditions, it shall by motion set forth the conditions for approval and forthwith send a copy of such conditions to the subdivider, and all further action on the final plat shall be suspended until such time that the subdivider shall respond appropriately. If no further action is taken by the subdivider within ninety (90) days from the date of the adoption of such conditions, the plat shall be deemed to be disapproved.
5. City Council Action: The city council must take action on the final plat within sixty (60) days after the city receives a completed application. Before the city council acts on the final plat, a developer's agreement may be prepared and approved by the city council.
If available, the applicant should provide a digital copy of the plat, in compliance with the Clay County GIS standards.
If the city council is not satisfied with the final plat, it may disapprove the final plat or refer the same to the planning commission for further action as it shall determine. Upon such referral, the planning commission shall act thereon at its next regular meeting and report back to the city council within the sixty (60) day time frame.
6. Recording Of Plat: Upon receiving final plat approval by the city council, the applicant or his/her agent must, within thirty (30) days, provide the zoning official with all necessary Mylars and hardboards for signatures by the city's designated representative. After all signatures have been applied, the applicant must record the plat with the Clay County recorder within fourteen (14) days and provide receipt of this action to the zoning official, or the approved final plat will be considered void.
7. Denial Of Plat: The planning commission may recommend denial and the city council may deny a subdivision if it makes any of the following findings:
a. Comprehensive Plan: The proposed subdivision is in direct conflict with adopted, applicable comprehensive plans of the city, joint powers area, townships, or county;
b. Physical Characteristics: The physical characteristics of the 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;
c. Density: The site is not physically suitable for the proposed density of development;
d. Environmental Damage: The design of the subdivision or the proposed improvements may cause environmental damage;
e. Public Health Problems: The design of the subdivision or the type of improvements is likely to cause serious public health problems;
f. Easements: 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;
g. Boundaries: The proposed subdivision is outside the boundaries of the city; and
(1) 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 by the city; or
(2) 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;
h. Flood Hazards: 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;
i. MEQB Policies: The proposed subdivision is inconsistent with the policies of the Minnesota environmental quality board, as may be amended, and could adversely impact sensitive environmental areas, or potentially disrupt or destroy historic areas which are designated or officially recognized by the city council and/or federal or state historic preservation laws;
j. Preliminary Plat Review: The final plat does not incorporate the council imposed conditions and restrictions, or required revisions and modifications from the preliminary plat review;
k. Utility Installation: The final plat does not allow for feasible installation of utilities as documented in city engineer's report, section 12-5-17 of this title. (Ord. 232, 12-2-2002)