A. Filing Of Plat; Fee: The required application(s) and supporting information shall be submitted in accordance with the current application submittal schedule. The required filing fee as established in section 11-1-10 of this title shall be paid before the proposed plat shall be considered officially filed.
B. Hearing:
1. Upon receipt of said application, the city clerk shall establish the date for a public hearing by the planning commission and shall be responsible for the publication of hearing notices and mailing to the owners of the property in question and the owners of all properties situated within three hundred fifty feet (350') of the boundary of the property in question. (Ord. 490, 2-16-2016)
2. The planning commission shall conduct the hearing and report upon findings and make recommendations to the city council.
3. Notice of said hearing shall be published in the official newspaper at least ten (10) days prior to the hearing, and written notification of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land identified on the above named abstractor's certificate.
C. Technical Assistance Reports: After the public hearing has been set, the city administrator shall instruct the staff to prepare technical reports (where appropriate) and provide general assistance in preparing a recommendation on the action to the city council. (1981 Code 301 § 3)
D. Review By Other Commissions Or Jurisdictions: The preliminary plat shall be distributed to the parks and recreation commission, Dakota County, or the state of Minnesota for their review and comment when appropriate, as determined by the city administrator and, including, but not limited to, the following circumstances:
1. The proposed plat includes dedication of lands for public use, as in section 11-5-1 of this title.
2. The proposed plat is adjacent to county or state right of way or proposes to access a county or state road.
3. The proposed plat is within the critical area overlay district, as regulated by title 12, chapter 3 of this code. (Ord. 490, 2-16-2016)
E. Recommendation To Council: The planning commission shall make a recommendation to the city council within sixty (60) days following the public hearing.
F. Action By City Council:
1. Time Limit For Action: The council shall act upon the preliminary plat within one hundred twenty (120) days of the date on which it was officially filed. If the recommendation of the planning commission has not been received in time to meet this requirement, the council may act on the preliminary plat without such recommendation.
2. Denial Of Plat: If the preliminary plat is not approved by the city council, the reasons for such action shall be recorded in the proceedings of the council and transmitted to the applicant.
3. Approval Of Plat: If the preliminary plat is approved, such approval shall not constitute final acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this title to be indicated on the final plat. The city council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, general welfare and convenience of the city and its residents. (1981 Code 301 § 3)
4. Effective Period Of Approval: The approval of a preliminary plat shall be effective for a period of one year or longer, as specified by the city council. At the end of this time, final plat approval on the subdivision shall have been obtained from the city council. Any preliminary plat not receiving final approval within the time period set forth herein shall be null and void, except as provided by Minnesota statutes section 462.358, subdivision 3c or if an extension is granted by the city council, and the subdivider shall be required to submit a new application for preliminary plat approval subject to all new zoning restrictions and subdivision regulations of the city existing at the time of submission of the new application. (Ord. 490, 2-16-2016)