(A) Applicability. The requirements of this chapter shall apply to all subdivision applications and procedures subject to development review under this Code unless otherwise stated.
(B) Authority to file applications. Development review applications for an individual property may be initiated by:
(1) The owner of the property that is the subject of the application; or
(2) An agent authorized by the owner of the property that is the subject of the application, which may include a lessee of the property. Evidence of such authorization shall be the signature of the property owner.
(3) the property subject to an application is under more than one ownership, all owners or their authorized agents shall join in filing the application.
(C) Exemptions. Subdivision approval is not required for any of the following:
(1) Separations where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential use and five acres or larger in size for commercial and industrial use;
(2) Separations creating cemetery lots;
(3) Subdivision approval is not required for separations resulting from court orders; or
(4) Separations resulting from the adjustment of a lot line by the relocation of a common boundary.
(D) Conveyance by metes and bounds.
(1) No land shall be conveyed in which the land is described by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after such regulations became effective.
(2) The provision of this section does not apply to the conveyance if one or more of the following apply to the land described:
(a) Was a separate parcel of record April 1, 1945, or the date of adoption of subdivision regulations under Laws 1945, chapter 287, whichever is the later;
(b) Was the subject of a written agreement to convey entered into prior to such time;
(c) Was a separate parcel of not less than two and one-half acres in area and 150 feet in width on January 1, 1966;
(d) Was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980;
(e) Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width; or
(f) Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width.
(3) In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded.
(4) Any owner or agent of land who conveys a lot or parcel in violation of the provisions of these regulations shall forfeit and pay to the city an administrative penalty of not less than $100 for each lot or parcel so conveyed. Appeals of an administrative civil penalty issued pursuant to this section shall be heard in accordance with the procedure set forth in Title I, § 10.98 of Lindstrom City Code.
(E) Prohibition related to building permits.
(1) No lot, parcel, or tract created after the effective date of this chapter shall be issued a building permit unless the lot, parcel or tract has been created in compliance with the subdivision regulations of the city.
(2) Outlots are deemed unbuildable, and no building permit shall be issued for such properties, except in the case of public park facilities and essential services.
(F) Pre-application meetings.
(1) Pre-application meetings are required or recommended based on development application type.
(2) A pre-application meeting is an informal discussion between a potential application and city staff regarding a possible project subject to this title. The Zoning Administrator shall determine which city staff shall attend the pre-application meeting.
(3) The purpose of the pre-application meeting is to assist the applicant in identifying the type of approvals needed, the potential review criteria, and the information to be contained in the application(s).
(4) Discussions that occur during pre-application meetings are not binding on the city and do not constitute official assurances or representations on the city.
(G) Application materials and fees.
(1) City staff shall develop and amend a Development Application Manual as needed.
(2) Each application for a permit or approval, of for an amendment of a permit or approval, shall include all those application materials listed in the Development Application Manual.
(3) To defray administrative costs of processing of development requests, a base fee shall be paid by all applicants. The fee shall be set by ordinance of the City Council, as it may be amended from time to time.
(4) In order to defray the additional cost of processing development applications, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicant’s request, and all materials for the request.
(a) Materials shall include, but not be limited to maps, graphs, charts, drawings and the like and all printing or reproduction of same.
(b) Staff and/or consulting time shall include any time spent in either researching for or actual production of materials.
(c) The hourly rate for staff and/or consulting time shall be established and made available to the applicant by city staff prior to production of any materials and the applicant shall be given a reasonable estimate of project time and/or materials costs.
(5) No application shall be deemed complete for processing until any fee or escrow required has been paid.
(6) The city may reject an application not meeting the requirements of this Code or where the required fee or escrow has not been paid.
(7) Applications for approvals under this chapter shall not be accepted by the city until the Finance Director certifies that all real estate taxes, personal property taxes, special assessments, and other fees or charges then due and owing to the city by the applicant or which relate to the property for which the license, permit, approval or application is requested, have been paid in full.
(8) Application fees are not refundable, except where the Zoning Administrator has determined that an application was accepted in error or when the fee paid exceeded the amount due, in which case the overpayment shall be refunded to the applicant.
(H) Technical assistance. In making its decision, the city may determine that technical assistance is needed. The city may request technical assistance from any of the firms with which it contracts. The applicant shall be responsible for the actual costs of such assistance. Actual costs are identified in the fee schedule and shall be paid by the applicant for building/development application expenses which the city incurs in regard to the review and processing of that application, and which exceeds the application fee. Such fees shall come due immediately upon notification by the city. The city may withhold any final action on a development application and/or rescind prior actions until all fees are paid in full.
(I) Coordination of applications.
(1) Depending on the requirements of this title, multiple applications may be required.
(2) City staff shall determine the order of application review based on the City Code, including this chapter, and state requirements. Where possible, applications will be reviewed in tandem.
(J) Time deadline for action.
(1) In compliance with M.S. § 462.358, the city shall take action to preliminarily approve or deny a subdivision application within 120 days following delivery of an application completed in compliance with this Title, unless an extension for the review period has been agreed to by the applicant.
(2) In compliance with M.S. § 462.358, the city shall certify final approval of a subdivision application within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and the preliminary approval.
(K) Withdrawal of applications.
(1) Any request for withdrawal of an application shall be submitted in writing to city staff.
(2) In all cases where the applicant has requested withdrawal of an application, the associated fee paid and any costs incurred by the city in the processing of the application shall not be refunded.
(L) Successive applications. No application which has been denied wholly or in part may be resubmitted for at least one year from the date of its submittal, unless substantial changes have been made which warrant reconsideration, as determined by city staff.
(M) Public hearings and notices.
(1) Public hearings are required by this chapter and shall be conducted pursuant to the rules established for each of the bodies, the Lindstrom City Code, and in compliance with state law.
(2) All public hearings shall be open to the public.
(3) The applicant or a representative should attend the public hearing.
(4) Notice of the public hearing shall be published in the official newspaper of the municipality at least ten days prior to the date of the hearing. The notice shall also be mailed not less than ten days prior to:
(a) All property owners of record according to the county assessment records within 350 feet of the property.
(b) The Commissioner of the Minnesota Department of Natural Resources if the proposed subdivision is located in part or in total within the MSN Shoreland Overlay District.
(c) The Commissioner of the State 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.
(d) A copy of the notice and list of the individuals and/or property owners and addresses to which the notices were sent shall be attested to by the Zoning Administrator and made part of 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 chapter has been made.
(N) Appeals of City Council decisions. All decisions made by the city regarding subdivision shall be final, except that any aggrieved person shall have the right to appeal within 30 days after delivery of the decision to the appellant, to the District Court in Chisago County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the 30-day period defined above.
(O) As-built grading plan. Upon completion of site grading, the applicant shall submit an as-built grading plan as specified in the Public Works Design Manual to the city for review.
(Ord. 20220120-01, passed 1-20-22)