(A) Plat presentation procedures. Except as set forth in §§ 909.04 and 909.10 this chapter, no real property within the jurisdiction of this chapter shall be subdivided and offered for sale or a plat recorded until a preliminary plat and a final plat of the proposed subdivision have been reviewed by city staff, and the Planning Commission and until the final plat has been approved by the City Council. Planned unit developments (PUDs), shall be presented in the same manner as other plats for review by city staff and the Planning Commission with the approval of the City Council.
(B) Pre-application meeting. Prior to the preparation of a preliminary plat, the subdivider or owner shall meet with the appropriate city officials, as determined by the city, in order to be made fully aware of all applicable ordinances, regulations and plans in the area to be subdivided. At this time and at subsequent informal meetings such as with the Planning Commission, the subdivider shall submit a general sketch plan of the proposed subdivision and preliminary proposals for the provision of water supply and waste disposal, as well as other utilities locations. The sketch plan can be presented in simple form, but must show that consideration has been given to the relationship of the proposed subdivision to existing community facilities that would serve it, or to the neighboring subdivisions and developments and to the natural resources and topography of the site.
(C) Preliminary plat.
(1) After the pre-application meeting, the subdivider shall submit eight copies of the preliminary plat to the Zoning Administrator at least 14 days before the Planning Commission meeting at which such plat is to be considered. The subdivider shall include a written application and statement along with the preliminary plat describing the proposed subdivision. The written statement shall include the anticipated development of the existing natural features and vegetation, and any other information required by this chapter.
(2) The Zoning Administrator shall submit one copy of the preliminary plat to each Planning Commission member, and the City Engineer, and any other appropriate city officials. One copy shall also be submitted to the County Engineer if the plat abuts a county road and one copy to the state’s Department of Transportation if the plat abuts a state highway, for review and comment as required by M.S. § 505.03, as it may be amended from time to time.
(3) The City Engineer and Zoning Administrator and other appropriate city officials shall review the preliminary plat and shall transmit a report of their findings and recommendations, together with any supporting material to the Planning Commission prior to the meeting at which such plat is to be considered. The subdivider shall be required to reimburse the city for all costs for extra outside consulting services that the city staff, Planning Commission and City Council deem necessary for determining the adequacy of the plan.
(4) Within 30 days after the plat has been filed and after reports and certifications have been received as requested, the Planning Commission shall hold a public hearing on the preliminary plat. Notice of the time and place thereof shall be published once in the official newspaper at least ten days before the day of the hearing, the Planning Commission shall make its report to the City Council.
(5) The Planning Commission shall forward to the City Council a favorable, conditional or unfavorable report and said report shall contain a statement of findings and recommendations.
(6) The preliminary application shall be approved or disapproved by the City Council within 120 days following the filing with the city and application complying with this chapter, unless an extension of the review period has been agreed to by the applicant. If the city fails to preliminarily approve or disapprove an application within the review period and/or extensions thereof, the application shall be deemed approved, and upon demand, the city shall execute a certificate to that effect. If the City Council disapproves of the preliminary plat, the grounds for any such disapproval shall be set forth in the minutes of the City Council meeting and reported to the owner and/or subdivider.
(7) During the intervening time between approval of the preliminary plat and the final plat, the subdivider must submit acceptable engineering plans for all required improvements.
(8) In the case of all subdivisions, the Planning Commission shall recommend denial of and/or the City Council may deny approval of a preliminary or final plat if it makes any of the following findings:
(a) The proposed subdivision, including the design, is in conflict with any adopted component of the Policy Plan, Comprehensive Plan, and/or Zoning Ordinance of the city;
(b) The physical characteristics of the site, including, but not limited to, topography, vegetation, 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 of use contemplated;
(c) The site is not physically suitable for the proposed density of development;
(d) The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage;
(e) The design of the subdivision or the types of improvements are likely to cause serious public health damage; and
(f) The design of the subdivision or the type of improvements will conflict with easements of record.
(D) Final plat.
(1) The subdivider shall engage a registered land surveyor to prepare a final plat, which shall meet all the requirements of M.S. Ch. 505, as it may be amended from time to time.
(2) The subdivider may request approval of such portion of the preliminary plat that the subdivider proposes to develop at one time by filing a final plat limited to such portion with the City Clerk. The entire area of the preliminary plat shall be platted in final form within a period of five years from the date of preliminary plat approval, or that portion of the preliminary plat not so finally platted shall become null and void and disapproved.
(3) The subdivider shall submit eight copies of the final plat to the zoning plat to the Zoning Administrator at least three weeks before the Planning Commission meeting at which such plat is to be considered. The subdivider shall submit the final plat within one year of preliminary plat approval; otherwise, such approval shall become null and void under this section.
(4) The final plat shall incorporate all changes required by the city, County Engineer and State Department of Transportation, but in all other respects, it shall conform to the preliminary plat as approved.
(5) The Zoning Administrator shall transmit one copy each of the final plat to the Planning Commission, City Engineer, City Attorney and other appropriate city officials.
(6) The city staff shall review the final plat and shall transmit reports of their recommendations to the Planning Commission before the meeting at which such plat is to be considered.
(7) The Planning Commission shall review the final plat and consider reports of city staff including its Engineer, Attorney and other appropriate municipal employees. The Planning Commission shall then submit its recommendations to the Zoning Administrator who shall within 30 days after the subdivider’s request for approval forward such recommendations to the City Council.
(8) The City Council shall approve or disapprove of the final plat within 30 days after receiving the recommendations of the Planning Commission. The City Clerk shall notify the subdivider of the Council’s action.
(9) The city shall approve the final plat within 60 days of the subdivider’s request for approval if the applicant has complied with all conditions and requirements of this chapter and all conditions and requirements upon which the preliminary plat was approved, either through performance or agreements assuring proper compliance with the city’s requirements. If the city fails to certify final approval within the time frame, and if the applicant has complied with all conditions or requirements, the final plat shall be deemed approved and upon demand, the city shall execute a certificate to that effect.
(10) Upon approval of the final plat by the city, the subdivider shall record such final plat with the County Recorder within 60 days after approval. Otherwise, the approval of the final plat shall be considered void. The subdivider shall, within 30 days of recording, furnish the City Clerk with a reproducible print (i.e., a photo, Mylar or an original) of the final plat showing evidence of the recording.
(E) Effect of subdivision approval. For one year following preliminary approval and for three years following final approval, unless the subdivider and the city agree otherwise, no amendment to the city’s comprehensive plan or Zoning Ordinance shall apply to or affect the use, development, density, lot size, lot layout or dedication or platting required or permitted by the approved application. Thereafter, the city may extend the period by agreement with the subdivider. This may require submission of a new application unless substantial financial damage as a consequence of the requirement to submit a new application. In connection with a subdivision involving planned and staged development, the city may by resolution or agreement, grant the rights referred to herein for periods of time longer than three years which it determines to be reasonable and appropriate.
(F) Disclosure by seller; purchaser’s action for damages.
(1) A person conveying a new parcel of land which, or the plat for which, has not previously been filed or recorded, and which is part of or would constitute a subdivision to which this chapter applies shall attach the instrument of conveyance either:
(a) A recordable verification by the City Clerk that this chapter does not apply, or that the subdivision has been approved by the city, or that the provisions of this chapter have been waived by resolution of the city because compliance will create an unnecessary hardship and failure to comply will not interfere with the purpose of this chapter; or
(b) A statement which names and identifies the location of the appropriate city offices and advises the grantee that municipal subdivision and zoning regulations may restrict the use or restrict or prohibit the development of the parcel, or construction on it, and that the division of taxes and the filing or recording of the conveyance may be prohibited without prior recordable certification of approval, of non-applicability or waiver from the municipality.
(2) In any action commenced by a buyer of such a parcel against the seller thereof, the misrepresentation of or the failure to disclose material facts in accordance with this section shall be grounds for damages. If the buyer establishes a right to damages, a district court hearing the matter may, in its discretion, also award to the buyer an amount sufficient to pay all or any part of the costs incurred in maintaining the action, including reasonable attorney fees, and an amount for punitive damages not exceeding 5% of the purchase price of the land.