(A) Request for subdivision, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. Such application shall be accompanied by a fee set by City Council. This fee shall not be refunded. Such application shall also be accompanied by ten copies of the final plat. The Zoning Administrator shall refer the application and final plat copies to the Planning Commission for consideration at least 15 days before the next regular Planning Commission meeting.
(B) (1) The City Zoning Administrator, on behalf of the Planning Commission, shall set a date for a public hearing. Notice of such hearing shall be published in the official newspaper of the city at least ten days prior to the date of the hearing. Such notice shall also be mailed not less than ten days to:
(a) All property owners of record according to the county assessment records within 350 feet of the property;
(b) The Commissioner of the state’s Department of Natural Resources if the proposed subdivision is located in part or in total within a public water;
(c) The Commissioner of the state’s Department of Transportation and the County Engineer if the proposed plat abuts or includes a state trunk highway or a county state aid road, respectively; and
(d) All township boards of townships which a proposed subdivision abuts.
(2) A copy of the notice and a list of the individuals and/or property owners and addresses to which the notices were sent shall be attested to by the city’s Clerk-Administrator and made part of the official record. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings; provided, a bona fide attempt to comply with this section has been made.
(C) The Planning Commission shall consider the plat drawing and hold a public hearing at its next regular meeting. The Zoning Administrator shall refer the application, along with all related information, to the Planning Commission for consideration. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the final plat.
(D) In considering the final plat, the Planning Commission shall consider the following factors:
(1) Consistency with the design standards and other requirements of this chapter;
(2) Consistency with the city’s growth management system;
(3) Consistency with other city ordinances;
(4) The physical characteristics of the site, including, but not limited to, topography, erosion, flooding potential, soil limitations and suitability for the type of development or use contemplated;
(5) Subdivisions or portions thereof, located within the designed Floodplain District, shall also be subject to the provisions of Ch. 152 of this code of ordinances; and
(6) The need for dedication of land or fee for public use.
(E) The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning the final plat or to retain expert testimony with the consent and at the expense of the applicant concerning information to be declared necessary to establish compliance with all pertinent sections of this chapter. The following information may be required if it is deemed necessary and appropriate by the Planning Commission and city staff:
(1) Existing topography, including contour lines at two-foot intervals. Watercourses, wetlands, rock outcrops, power transmission poles and lines and other significant features shall also be known;
(2) Soil survey, grading plan, soil erosion and sediment control plan and landscaping plan;
(3) Statement of proposed use of development including type and number of structures and units;
(4) Statement of adequacy of existing or proposed utilities to accommodate or serve the proposed development;
(5) Statement relative to the relationship of the proposed subdivision with existing or potential adjacent subdivisions;
(6) Statement of estimated costs of proposed required improvements;
(7) Other information deemed necessary by the Planning Commission and city staff; and
(8) Soil borings and percolation tests.
(F) (1) Upon receiving the report and recommendation of the Planning Commission, the City Council shall either:
(a) Approve or disapprove the requests;
(b) Approve or disapprove the recommendation of the Planning Commission with modifications, alterations or differing conditions. Such modifications, alterations or differing conditions shall be in writing and made part of the City Council’s records; or
(c) Refer the recommendation back to the Planning Commission for future consideration. This procedure shall be followed only one time on a singular action.
(2) In all cases, the final plat shall be approved or disapproved by the City Council within 120 days of the date of the final plat application, unless an extension of the review period has been agreed to by the applicant.
(G) (1) If accepted, the final plat shall be approved by resolution, including acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the City Council.
(2) The Zoning Administrator shall notify the applicant of the City Council’s action and reasons thereof. The decision of the City Council regarding final plat approval is final subject to judicial review. If a final plat is disapproved, the same plat cannot be refiled for review within six months following the date of City Council disapproval.
(3) Approval of the final plat by the City Council shall last one year. After that time, the final plat will be considered void unless the City Council grants an extension. The extension shall be in writing specifically designating the expiration date. The extension shall not be subject to an additional fee and only one extension may be granted per final plat.
(H) It shall be the responsibility of the subdivider to file the plat with the appropriate county offices after final approval pursuant to this chapter and M.S. § 505.08, as it may be amended from time to time.
(I) The subdivision developer shall provide a copy of all final plats located in total or in part within a public water to the Commissioner of the state’s Department of Natural Resources within ten days of final plat approval.
(Prior Code, § 154.30) (Ord. passed 6-6-1978; Ord. 610, passed 8-7-2001)