(A) Generally. The following procedures shall be followed in the administration of this section and no real property within the jurisdiction of this section shall be subdivided and offered for sale or a plat recorded until a pre-application meeting has been held, a preliminary plat has been reviewed and approved and until a final plat has been reviewed and approved as set forth in the procedures provided herein.
(B) Pre-Application meeting. Prior to the submission of any plat for consideration by the Planning Commission, under the provisions of this chapter, the subdivider may meet with the Administrative Officers to introduce themself as a potential subdivider and learn the relevant requirements of the city's code.
(C) Preliminary plat.
(1) Submission of plat. The subdivider shall submit to the Administrative Office ten copies of a preliminary plat of their proposed subdivision, the requirements of which are set forth in this chapter. They shall be filed at least 30 days prior to a regularly scheduled Planning Commission meeting, or a Council meeting, and shall be accompanied by the fees set forth in the fee schedule.
(2) Notice procedure.
(a) Notice of the public hearing at which the Planning Commission, will consider the preliminary plat shall be made by the Administrative Officer pursuant to M.S. § 462.358, Subd. 3b, as it may be amended from time to time.
(b) The owner or subdivider shall also be notified as to the time and place of the public hearing.
(c) As required by M.S. § 505.03, as it may be amended from time to time, at least 30 days prior to taking final action on a preliminary plat, the proposed preliminary plat must be presented by the Administrative Officer to the Commissioner of Transportation for review if the plat includes or borders on a trunk highway or state rail bank property. Within five days after receiving a preliminary plat that includes or borders on an existing or proposed county road or state rail bank property, the Administrative Officer must submit it to the County Engineer for review. The Commissioner of Transportation and the County Engineer must report to the city within 30 days with any comments and recommendations they may have. No preliminary plat may be approved by the city until these comments and recommendations are received and considered. Within ten days after approval of the preliminary plat, notice must be sent to the Commissioner and the County Board explaining how their comments and recommendations have been met.
1. A legible preliminary drawing or print of a proposed preliminary plat shall be acceptable for purposes of review by the Commissioner of Transportation or the County Highway Engineer. To such drawing or print there shall be attached a written statement describing:
a. The outlet for and means of disposal of surface waters from the proposed platted area;
b. The land use designation or zoning category of the proposed platted area;
c. The locations of ingress and egress to the proposed platted area; and
d. A preliminary site plan for the proposed platted area, if one has been prepared.
(3) Public hearing. At the public hearing set for consideration of the preliminary plat, the Planning Commission, or the City Council shall consider comments to the notice of plat, and it shall also review the preliminary plat from the standpoint of environmental impact, compatibility with surrounding area, suitability of area for subdividing, public health and welfare, crowding potential, the compatibility with the city Comprehensive Plan and overall city planning.
(4) Planning Commission action. At the conclusion of the public hearing set forth in the preceding division, the Planning Commission, shall either recommend approval, conditional approval or denial of the preliminary plat. The Planning Commission may also table the preliminary plat for future consideration. The Planning Commission shall not recommend approval of a preliminary plat unless the presentation requirements set forth in § 152.08 have all been met. No lot on the preliminary plat shall be recommended for approval if, in the opinion of the Planning Commission, a lot does not have dedicated road access, an adequate building site, or sufficient area for an on-site individual sewage treatment system in areas where public services are not available, meeting the requirements of all rules and regulations in this chapter and the code of the city. The action of the Planning Commission shall be stated in writing setting forth the conditions of approval, reasons for approval or the reasons for denial. The Planning Commission's recommendation shall then be submitted to the City Council.
(5) City Council action. The City Council shall consider the Planning Commission's action, if the city has a Planning Commission, at their next regularly scheduled meeting, and shall either approve, approve with conditions, deny or table for future consideration the application. As required by M.S. § 462.358, Subd. 3b, as it may be amended from time to time, the Council must either approve or deny the application for a preliminary plat within 120 days after the application has been submitted, unless an extension of time has been agreed to in writing by the subdivider. The 120-day period does not begin to run until the application contains all of the information required by §§ 152.08(B) and 152.09. Failure to comply with the time limits for approval in M.S. § 462.358, Subd. 3b, as it may be amended from time to time, may result in automatic approval of a preliminary plat. The Council shall not approve a preliminary plat unless the presentation requirements set forth in § 152.08 have all been met. No lot on the preliminary plat shall be approved if, in the opinion of the Council, a lot does not have dedicated road access, an adequate building site, or sufficient area for an on-site individual sewage treatment system in areas where public services are not available, meeting the requirements of all rules and regulations in this chapter and the code of the city. The action of the Council shall be stated in writing, setting forth the conditions of approval, reasons for approval or the reasons for denial. Approval shall mean the acceptance of the design as a basis for preparation of the final plat, and the submission of such final plat for approval. Approval by the City Council of all engineering proposals presented in the preliminary plat which pertain to such things as water supply, sewage disposal, storm drainage, gas and electric service, road gradients and widths and the surface of roads is required prior to the approval of the final plat. The Council may, after notifying the subdivider, employ qualified persons to check and verify each proposal, the costs of such services shall be paid by the subdivider.
(a) The City Council may require modifications, changes and revisions of the preliminary plat, as it deems necessary to protect the health, safety, morals, comfort, convenience and general welfare of the city.
(b) If the preliminary plat is not approved by the City Council, the reasons for such action shall be recorded in the proceedings and transmitted to the applicant.
(c) Should the subdivider desire to amend the plat as approved they may submit an amended plat which shall follow the same procedure as a new plat, except for the public hearing and fee unless the amendment is in the opinion of the City Council of such scope as to constitute a new plat, then it shall be re-filed.
Any plat proposed in a Lower St. Croix Riverway district must have approval of the State Department of Natural Resources. If a watershed district or watershed management organization exists in the area of the proposed platted property, approval must be obtained from the watershed district or watershed management organization.
(D) Final Plat.
(1) Filing the final plat.
(a) The owner or subdivider shall file with the Administrative Officer within one year of the date of the approval of the preliminary plat the final plat which shall substantially conform to the preliminary plat as approved (see § 152.08(C) for filing document requirements) and all applicable city regulations and ordinances, state and federal rules, regulations and laws.
(b) Final plat approval shall not be granted to any plat which is not filed within the time herein specified, unless an extension is requested in writing and for good cause, granted by the City Council. The final plat shall be presented to the City Council at a scheduled meeting which is at least two weeks after the date of filing with the Administrative Officer.
(c) The subdivider shall submit, with the final plat, an opinion of title by the subdivider's attorney.
(d) The City Engineer shall prepare final engineering drawings for the construction of all public improvements including but not limited to streets, sidewalks, trails, water systems, sanitary sewer systems, stormwater management systems, etc. The subdivider shall provide electronic versions of the preliminary plat drawings and design files in an industry standard Computer Aided Design (CAD) format without limitation for this purpose.
(2) Contents. The subdivider may file a final plat limited to such portion of the preliminary plat which the subdivider proposed to record and develop at one time, provided that such portion must conform to all requirements of this chapter. Lots which have received preliminary approval but are not included on the final plat must be considered as a new subdivision.
(3) Review. The Administrative Officer shall check the final plat to see that it is in substantial conformity with the preliminary plat as approved by the City Council and that it meets all applicable city regulations and ordinances, state and federal rules, regulations and laws.
(4) City Council action.
(a) Final plat approval shall not be granted unless all presentation requirements of § 152.08 have been met and the plat conforms to all applicable city regulations and ordinances, state and federal rules, regulations and laws. The City Council shall approve, deny or table the final plat, and the Clerk shall notify the owner or subdivider of the Board's actions within 60 days of the submittal of the final plat, as required by M.S. § 462.358, Subd. 3b, as it may be amended from time to time, unless an extension of time has been agreed to in writing by the subdivider. Failure to meet the time limit requirements of M.S. § 462.358, Subd. 3b, as it may be amended from time to time, may result in automatic approval of the final plat. The final plat, if approved, shall then be recorded with the County Recorder by the subdivider. If any irregularity prevents recording of the final plat, the County Auditor shall notify the owner or subdivider. Any approval of the final plat by the Council shall be null and void if the plat is not recorded with the County Recorder within 90 days after the date of approval unless application for an extension of time is made, in writing, during said 90-day period, to the City Council and for good cause granted by the Council.