A. Preliminary Sketch And Review:
1. Requires preliminary consultation with city staff personnel regarding development and platting proposal, to include the following items:
a. Availability of services;
b. Topographic features;
c. Street pattern and standards;
d. Proposed timing of development;
e. Lot location;
f. Park dedication requirements;
g. Trunk highway requirements;
h. Notice to other jurisdictions;
i. Stormwater requirements;
j. Proof of title;
k. Underlying plats; and
l. Developer's agreement.
2. Following such informal review and consultation, the subdivider may submit the preliminary plat utilizing the considerations determined in the sketch plat review.
B. Preliminary Plat:
1. Before dividing any tract of land into two (2) or more lots or parcels, an owner or subdivider shall, unless a variance is authorized, file with the administrator:
a. A completed plat application form.
b. Six (6) full size copies (22 inches by 32 inches) of the preliminary plat, and one eleven inch by seventeen inch (11" x 17") copy of the preliminary plat.
c. Abstract of title or Torrens certificate of title, or other proof of ownership as approved by the city attorney, which has been updated within thirty (30) days of submission.
d. Fee to be determined by city council resolution.
e. If the subdivider requests that any existing special assessment, which has been levied against the premises described in the subdivision be divided and allocated to the respective lots in the subdivision plat, the city shall estimate the clerical cost of preparing the revised assessment roll, filing the same with the county auditor, and making such division and allocation, and upon approval by the city council of such estimated cost, the same shall be paid to the city in addition to the fee mentioned in subsection B1d of this section, to cover the cost of preparing and filing such revised assessment.
2. The preliminary plat shall be considered officially filed after the administrator has examined it for proper form and stamped it. The administrator shall have fifteen (15) days to review the preliminary plat and either accept or reject it. If no rejection or acceptance is received within the fifteen (15) day time period, then the preliminary plat shall be deemed accepted.
3. After the preliminary plat is accepted, the administrator shall:
a. Set a date for a public hearing on the preliminary plat, subject to subsection B5 of this section. Notice of the hearing setting forth the time, date and place of the hearing shall be published in the official newspaper and shall be sent by mail to all property owners of record within three hundred fifty feet (350') of the proposed subdivision boundaries at least ten (10) days prior to the hearing.
b. Submit the preliminary plat application to the planning commission for its examination and report, and one copy to the public works director for his/her examination and report. Copies of the report of the public works director shall be given to the planning commission prior to the public hearing.
c. Submit one copy of the preliminary plat application, including updated abstract of title or Torrens certificate, or other approved proof of title, to the city attorney, who shall have fifteen (15) days in which to submit a report to the planning commission.
d. If the proposed preliminary plat includes lands abutting upon any existing or established trunk highway, or proposed highway which has been designated by a centerline order filed in the office of the county recorder, it shall first be presented by the city to the commissioner of transportation for written comments and recommendations. Preliminary plats in the city involving both a trunk highway and a highway under county jurisdiction, shall be submitted by the city to the county highway engineer as provided in subsections B1 and B2 of this section, and to the commissioner of transportation. Plats shall be submitted by the city to the commissioner for review at least thirty (30) days prior to the city taking final action on the preliminary plat. The commissioner of transportation shall submit the written comments and recommendations to the city within thirty (30) days after receipt by the commissioner of transportation of such plat. Final action on such a plat by the city shall not be taken until after these required comments and recommendations have been received or until the thirty (30) day period has elapsed.
(1) Any proposed preliminary plat or initial plat filing which includes land located in the city bordering an existing or proposed county road, highway or county state aid highway, that is designated on a map or county highway plan filed in the office of the county recorder or registrar of titles, must be submitted by the city to the county engineer within five (5) business days after receipt by the city of the preliminary plat or initial plat filing for written comments and recommendations. The county engineer's review shall be limited to factors of county significance in conformance with adopted county guidelines developed through public hearing or comprehensive planning process with comment by the city. The guidelines must provide for development and redevelopment scenarios, allow for variances, and reflect consideration of city adopted guidelines.
(2) Within thirty (30) days after county receipt from the city of the preliminary plat or initial plat filing, the county engineer shall provide to the city written comments stating whether the plat meets county guidelines and describe any modifications necessary to bring the plat into conformity with the county guidelines. The city may not approve a preliminary plat until it has received the county engineer's written comments and recommendation, or until the county engineer's comment period has expired, whichever occurs first. Within ten (10) business days following the city's approval of a preliminary plat, the city shall submit to the county board notice of its approval, along with a statement addressing the disposition of any written comments or recommendations made by the county engineer. In the event the city does not amend the plat to conform to the recommendations made by the county engineer, representatives from the city shall meet to discuss the differences and determine whether changes to the plat are appropriate prior to final approval. This requirement shall not extend the time deadlines for preliminary or final approval as required under Minnesota statutes sections 505.03 or 15.99 or 462.358, or any other law, nor shall this requirement prohibit final approval as required by this section.
(3) 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) the preliminary site plan for the proposed platted area, with dimensions to scale, authenticated by a registered engineer or land surveyor, showing the existing or proposed state highway, county road or county highway, and all existing and proposed rights of way, easements, general lot layouts and lot dimensions. Failure to obtain the written comments and recommendations of the commissioner of transportation or the county highway engineer shall in no manner affect the title to the lands included in the plat or the platting of said lands. The city shall file with the plat in the office of the county recorder or registrar of titles, a certificate or other evidence showing submission of the preliminary plat to the commissioner or county highway engineer in compliance with this subsection.
4. A developer's agreement shall be executed by both parties and any lien holders and/or proposed lien holders, and submitted to the planning commission within fifteen (15) days from the date the preliminary plat is officially accepted.
5. The planning commission shall conduct a public hearing and make its report to the city council within sixty (60) days, except in cases where the applicant requests additional time to amend the plat. At the hearing, all parties interested shall be given an opportunity to make presentations.
6. The city council shall act on the preliminary plat within one hundred twenty (120) days of the date on which the preliminary plat was officially filed.
7. The preliminary plat must be approved if it meets the applicable standards addressed in this chapter and applicable zoning standards, unless the city council adopts written findings based on a record from the public proceedings why the application shall not be approved.
8. If the city council fails to preliminarily approve or disapprove an application within the one hundred twenty (120) day review period, the application shall be deemed preliminarily approved and, upon demand, the city shall execute a certificate to that effect.
C. Final Plat:
1. The owner or subdivider shall file six (6) full size copies twenty two inch by thirty four inch (22" x 34") and two (2) eleven inch by seventeen inch (11" x 17") copies of the final plat with the administrator, not later than six (6) months after the date of approval of the preliminary plat by the city council, otherwise the preliminary plat and the final plat will be considered void, unless an extension is required in writing by the subdivider for good cause and is granted by the city council. A border line shall be placed one-half inch (1/2") inside the outer edge of the plat on the top and bottom thirty four inch (34") sides; and the right twenty two inch (22") side; and two inch (2") the outer edge of the plat on the left twenty two inch (22") side. If the plat consists of more than one sheet, the sheets shall be numbered consecutively. A plat shall be prepared on four (4) mil transparent reproducible film, or the equivalent, and shall be prepared by a photographic process.
2. The final plat will have incorporated all changes or modifications approved in the preliminary plat, in all other respects it shall conform to the preliminary plat. It may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time; provided, that such portion conforms with all the requirements of this chapter.
3. Other Requirements:
a. Prior to submitting the final plat to the city, the subdivider shall submit a copy of the final plat to the public works director for approval.
b. The city may require an independent review of the final plat by a licensed professional surveyor prior to final approval by the city council, based on the complexity of the plat. Subdivisions that involve mixed uses, multi-zoned property, common interest communities (CIC), shore land and/or Mississippi corridor regulations, phased in PUDs, or other land divisions the city determines would need an independent plat check, may be subject to this requirement. All fees of such review will be charged to the developer/subdivider.
4. The final plat shall be considered officially filed after the administrator has examined it and found that it is in proper form.
5. After the final plat is placed on file, the administrator shall refer copies of the final plat to the planning commission and copies to the public works director, who shall notify the utility companies concerned of said platting. The procedure for processing the final plat shall be the same as for the preliminary plat, except that no public hearing is required in processing the final plat. The city council shall certify final approval within sixty (60) days of filing if the application has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval was expressly conditioned, either through performance or the execution of appropriate agreement assuring performance.
6. A plat shall contain a certification by the proper county official that there are no delinquent taxes owed and that the current year's payable taxes have been paid in accordance with Minnesota statutes section 272.12.
7. If the final plat is approved by the city council, the subdivider shall record it with the register of deeds or registrar of titles within six (6) months after the date of approval; otherwise, the approval of the final plat shall be considered void.
8. If the city council fails to verify or decline final approval as so requested within the sixty (60) day timeline, and if the applicant has complied with all conditions and requirements, the applicant shall be deemed finally approved and, upon demand, the city shall execute a certificate to that effect.
9. The subdivider shall furnish the following specified types of copies of the final plat to the persons listed below:
a. Morrison County register of deeds: One original on hardshell twenty two inch by thirty four inch (22" x 34");
b. City:
(1) One copy on hardshell twenty two inch by thirty four inch (22" x 34");
(2) One full size transparency;
(3) One eleven inch by seventeen inch (11" x 17") reproducible on paper.
10. Signatories for plats:
a. Planning commission chairperson;
b. Council president;
c. City administrator;
d. City attorney; and
e. Surveyor.
11. Where applicable as to location, the subdivider shall comply with Minnesota statutes chapter 505, which concerns land proposed for platting that abuts a county, county state aid or state trunk highway.
D. Absence Of Utilities: No plat shall be approved and no building permits shall be issued in areas where public water and sanitary sewer are not available at or reasonably near the boundary of the subdivision, unless a variance is authorized. (Ord. 10, 6th Series, eff. 3-2-2009)