(A) Filing and requirements for application. Approval of a preliminary plat by the City Council is an acceptance of the plat and indicates the developer may proceed toward final plat approval in accordance with the City Council approval of the preliminary plat, including conditions. The following filing and requirements of application shall be adhered to prior to review:
(1) A complete application for final plat shall be submitted no later than one year after the date of approval of the preliminary plat. Otherwise, the preliminary plat approval shall be considered void, unless an extension is requested in writing, and for good cause is granted by the City Council.
(2) The final plat applications for subsequent phases, as described by the approved phasing plan, shall be submitted within one year of approval of the final plat for the previous phase, unless otherwise agreed upon within the development agreement. An extension may be requested in writing for City Council approval.
(3) In considering time extensions for final plat submittals, the City Council shall consider the reasons for the extension. If the developer is unable to fulfill the schedule of the approved phasing plan, the City Council may consider allocating to a different development project the utility service area that was committed to the next phase of the plat. The subject plat would then wait until the following year for final plat or utility service area approval for its next phase.
(4) The final plat application shall incorporate all the conditions of City Council approval of the preliminary plat. Formal application for final plat shall not be considered complete until such a time as a complete set of preliminary plat documents, incorporating all City Council conditions of approval, is received by the city. In all other respects, the final plat shall substantially conform to the preliminary plat, as approved. It may constitute only that portion of the approved preliminary plat which the developer proposes to record and develop at that time, provided that such portion conforms with all the requirements of this chapter and further provided that the remaining phases of the development are platted as out lots.
(5) Approval of the engineering specifications required by this chapter pertaining to water supply, drainage, domestic wastewater, potable water, street lighting, gas, electric service, cable and telephone, grading, roadway standards, widths, and surfacing of streets, shall be completed by the City Engineer and appropriate development contracts prepared prior to approval of the final plat by the City Council.
(B) Information required for final plat.
(1) A large scale, reduced scale (11" by 17"), and electronic copies of the preliminary plat and of supporting documents illustrating all changes and conditions that were required as part of preliminary plat approval (number of copies to be determined by the Zoning Administrator). This revised preliminary plat will provide the historical record of the subdivision approval by which subsequent final plats shall be considered.
(2) One up to date (within three months) title insurance commitment for the property being subdivided, as may be required by the City Attorney.
(3) One copy of any title declaration, conservation easements, deed restrictions, restrictive covenants, homeowner's association documents, or common interest community documents.
(4) Documents and information necessary to fulfill the conditions of approval of the preliminary plat.
(5) Final plat general information.
(a) Name of the subdivision. The first phase of a development shall be called out as the "First Addition." Subsequent phases shall be consecutively numbered.
(b) Location by section, township, range, county, and state as well as descriptive boundaries of the subdivision based upon an accurate traverse, giving angular and linear dimensions.
(c) Scale (engineering only) not larger than one inch equals 100 feet.
(d) North point indication.
(e) The location of monuments shall be shown and described. Monuments shall be at all property corners and at the ordinary high-water level of all wetlands.
(f) Location and accurate dimensions of all lots, outlots, streets, and other features. Lots and blocks shall be numbered.
(g) A listing of the total area of each lot and out lot measured in gross square feet per lot, area per block and total area of the plat.
(h) A listing of the lot width of all lots, measured at the front yard setback line.
(i) The exact location, widths and names of all proposed streets.
(j) The location and width of all easements to be dedicated.
(k) Land dedicated as public park shall be labeled as outlot(s) on the final plat and provide city access. The deed for said outlot(s) shall be given to the city with the final plat.
(l) Name and address of the registered surveyor of the plat with certification by such surveyor on the form required by M.S. § 505.03, as may be amended.
(m) Statement dedicating all easements for installation and maintenance of utilities and drainage facilities over, under, and along the areas designated as drainage and utility easements, all of which provide city access.
(n) Statement dedicating all streets or other rights-of-way to the public.
(o) Final grading and construction plans shall be prepared and submitted in accordance with city standards.
(p) Copies of permits from Department of Natural Resources (DNR), Corp of Engineers, Minnesota Pollution Control Agency (MPCA), Department of Health, and other agencies as applicable. Such permits shall be required as conditions of final plat approval.
(q) Final storm water management plan.
(r) Final wetland report and mitigation plan.
(s) Final tree preservation plan.
(t) Development contracts.
1. The City Engineer shall have a development financial requirement worksheet prepared and attached to the development contract.
2. The developer shall meet with the city staff to finalize the terms of the development contract.
3. Upon finalization of the development contract, the City Administrator shall have the final copy of the contract signed by all appropriate parties. The development contract shall be recorded against the property.
4. Financial securities shall be posted with the city as outlined in the development contract.
5. Final grading and utility plans shall be approved by the City Engineer and made a part of the development contract.
a. No grading shall be allowed until after approval of a preliminary plat and a development contract for the grading.
b. No construction/installation of sanitary sewer or water facilities or streets shall be allowed until approval of a final plat and a development contract for the sewer, water, and streets.
(6) Additional final plat information.
(a) Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets, easements, areas to be reserved for public use, trees, and other important features. Lot lines to show dimensions in feet and hundredths.
(b) An identification system for all lots and blocks.
(c) True angles and distances to the nearest established street lines or official monuments.
(d) Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles.
(e) Radii, internal angles, points and curvatures, and lengths of all areas.
(f) Accurate location of all monuments. Pipes or steel rods shall be placed at the corners of each lot and at the edge of wetlands.
(g) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision with the purposes indicated therein.
(h) Certification by a registered land surveyor, to the effect that the plat represents a survey made by him or her and that monuments and markers shown thereof exist as located and that all dimensional and geodetic details are correct.
(i) Notarized certification by owner, and by any mortgage holder of record, of the adoption of the plat, and the dedication of streets and other public areas.
(j) Approval by signature of city, township, and county officials concerned with the approval of the plat.
(k) Form for approval of the City Council as follows: Approved by the Council of the City of Le Sueur, this day of, 20 .
Signed (Mayor)
(City Clerk)
(C) Review, approval, or denial.
(1) The final plat application shall be considered to be officially filed when the Zoning Administrator has received and examined the application and has determined that the application is complete.
(a) The following requirements shall be met before consideration of the final plat by the City Council:
1. The final plat shall substantially conform to the approved preliminary plat, conditions of approval of the preliminary plat, and phasing plan.
2. City Attorney approval of the status of title/property ownership related to the final plat.
3. Completed development contract including all required financial securities and timeframe for final plat and final grading completion.
4. Conditions attached to approval of the preliminary plat shall be fulfilled or secured by the development contract, as appropriate.
5. All fees, charges, and escrow related to the preliminary or final plat shall be paid in full.
(b) The city staff receiving final plat copies shall, as appropriate, submit reports to the City Council, documenting and expressing their recommendation on the final plat.
(c) The City Council shall act on the final plat by motion. The motion shall include findings of fact supporting the approval or denial and shall be entered in the proceedings of the City Council. The lack of a simple majority Council vote to affirmatively approve the final plat shall be a denial of the requested application.
(d) Sewer, water, and streets shall only be installed in the area included in the approved final plat. No construction/installation of sanitary sewer or water facilities or streets shall be allowed until:
1. Approval of a final plat;
2. Approval of a development contract addressing, among other things, sewer, water, and streets; and
3. Recording of the development contract.
(2) The City Council may deny the subdivision if it makes any one or more of the following findings:
(a) The proposed subdivision is in direct conflict with adopted applicable general and specific comprehensive plans of the city.
(b) The final plat is not in substantial conformance with the approved preliminary plat; or
(c) That the proposed subdivision will not provide adequate extension of infrastructure including roads or utilities to surrounding property.
(D) Form and content. The final plat shall be of the form and content as prescribed in the Minnesota Land Surveyors Association Plat Manual of Minnesota Guidelines, as may be amended, and by state statute.
(E) Recording.
(1) After approval of the final plat by the City Council, the developer shall submit three full size mylar copies of the final plat, one 11" x 17" reduction of the final plat and dedication page, and one electronic copy in a format compatible with the city's engineering standards.
(2) After approval and execution of the development contract, the contract shall be recorded.
(3) The developer shall record the plat within 90 days after the date of approval, otherwise the approval of the final plat shall be considered void, unless the developer requests an extension, in writing, and receives approval from the City Council. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. No building permits shall be issued for construction of any structure on any lot in said plat until the city has received evidence of the plat being recorded by the county.
(a) When the land for which the final plat abuts a state highway, county road, or county state aid highway, a certificate or other evidence showing submission of the preliminary plat to the Minnesota Department of Transportation and/or the County Highway Department shall be filed with the County Recorder of Deeds, along with the final plat.
(b) When the final plat includes outlots to be used for drainage or other city purposes, such outlots shall be dedicated to the city prior to the issuance of building permits and shall provide city access.
(4) Recording final plats of multi-phased plats. The recording of final plats of multi-phased plats shall be addressed as part of the development contract.
(F) Record plans and mapping. Upon completion of construction of roads, sanitary sewer, water mains, storm sewer facilities, grading, and tree preservation, the developer shall submit to the City Engineer field marked construction plans showing changes in the work, and one electronic copy of the original plans in a format compatible with the city's computer system. The City Engineer shall prepare record drawings at the developer's expense using the data provided as well as supplemental survey information to be gathered by the City Engineer. The City Engineer will also update city base and utility maps to include the new subdivision and infrastructure improvements at the developer's expense.
(Ord. 423, passed 6-8-1992; Ord. 582, passed 8-26-2019) Penalty, see § 152.999