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(A) Before any amendment is adopted, the Planning Commission shall hold at least one public hearing after proper notice has been issued. Following the hearing, the Planning Commission shall adopt findings and recommendations on the proposed amendment as soon as practical. The City Clerk may forward the application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
(B) The City Council may hold a public hearing on the amendment if deemed necessary by the City Clerk. After consideration of the Planning Commission recommendation and hearing, the Council may adopt the amendment or any part thereof in such form as it deems advisable.
(C) Approval of an amendment shall require a majority vote of all members of the City Council.
PROCEDURE
Prior to the preparation of a preliminary plat, the applicant or owners may meet with the Zoning Administrator, and other appropriate officials in order to be made fully aware of all applicable ordinances, regulations, and plans in the area to be subdivided. At this time, or at subsequent informal meetings, the applicant may submit for informal, non-binding comment a general concept plan of the proposed subdivision. The concept plan can be presented in simple form but should show that consideration has been given to the relationship of the proposed subdivision to existing city facilities, to neighboring subdivisions and developments, to the topography of the site, and to the suitability of proposed transportation, drainage, and utility systems.
(A) Filing.
(1) Per the published application calendar, the applicant shall file a request for preliminary plat approval and the accompanying fee and escrow as adopted by ordinance. After the city has received the request for a plat approval, it shall inform the applicant within ten days whether the submittal was complete. If deemed not complete, the applicant will be informed of needed material or information to be made complete. If no notification of completion is made by the city within
15
days, the request will be placed on a regular Planning Commission agenda for consideration.
(2) The application shall be accompanied by a fee and escrow as provided for by City Council ordinance.
(3) The application shall also be accompanied by electronic and print copies of a preliminary plat and supportive information in conformity with requirements of this chapter and application checklists. The preliminary plat shall be considered as being officially submitted only when all of the information requirements of this chapter are complied with, the appropriate fees paid, and escrows deposited.
(4) Where appropriate, the city staff will meet with the applicant to discuss the request and related information. Upon receipt of all the required information, the Zoning Administrator may forward the application and required information to the appropriate city staff consultants and city commissions for review and technical reports.
(5) The applicant shall supply proof of title in a form approved by the City Attorney and the legal description of the property for which the subdivision is requested and, as applicable, supply documented authorization from the owner(s) of the property in question to proceed with the requested subdivision.
(B) Hearing.
(1) When an application is determined to be complete, the Zoning Administrator shall schedule a public hearing for public review of the preliminary plat. The hearing shall be held after adequate time has been allowed for staff and advisory body review of the plat.
(2) The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a legal property description and a description of the request and shall be published in the official newspaper at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question. Failure of a property owner to receive the notice shall not invalidate any such proceedings a set forth within this chapter, provided a bona fide attempt has been made to comply with the notice requirements of this chapter.
(3) Timeline for review of the preliminary plat shall be in accordance with M.S. § 462.356, as it may be amended from time to time.
(C) Technical assistance reports. The Zoning Administrator shall instruct the appropriate staff to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the City Council.
(D) Review by other commissions or jurisdictions.
(1) The Zoning Administrator shall refer copies of the preliminary plat to the Parks and Recreation Commission and/or county, state, or other public jurisdictions for its review and comments, where appropriate and when required as determined by the Zoning Administrator.
(2) In cases where a proposed subdivision is adjacent to a county or state highway, the subdivision shall be subject to county and/or state approval.
(E) Planning Commission action. The applicant or a designated representative thereof shall appear before the Planning Commission at the public hearing in order to answer questions concerning the proposed request. The Planning Commission shall make a recommendation to the City Council following the close of the public hearing. If the Planning Commission has not acted upon the preliminary plat, and the statutory review period will expire before the next regularly scheduled Planning Commission meeting, the Council may act on the preliminary plat without the Planning Commission’s recommendation.
(F) City Council action.
(1) Upon completion of the report and recommendation of the Planning Commission, the request shall be placed on the agenda of the City Council. The report and recommendations shall be entered in and made part of the permanent written record of the Council meeting.
(2) Upon receiving the report and recommendation of the Planning Commission and city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary or take action based on Planning Commission recommendation. The Council shall make recorded findings of fact and may impose any condition it considers necessary to protect the public health, safety, and welfare. The Council shall adopt a resolution approving or denying the request.
(3) The City Council shall approve or disapprove the preliminary plat within 120 days following delivery of an application completed in compliance with this chapter, unless the time for Council decision has been extended pursuant to a written agreement with the applicant.
(4) The City Council may deny or require modifications to a proposed preliminary plat when said plat fails to comply with any of the requirements of this chapter, or other applicable regulations, including the zoning ordinance. In addition, the Council may deny or require modifications to a proposed preliminary plat when the Council finds that despite technical compliance with applicable ordinances, the plat design results in a likelihood of extraordinary public costs for future maintenance or the potential for public safety hazards that are not typical for subdivisions in the city.
(5) The City Council reserves the right to deny or require modifications to a preliminary plat if due regard is not shown for the preservation of all natural features, such as topography, trees, watercourses, scenic points, prehistoric and historical spots, and similar community assets, which, if preserved, will add attractiveness and stability to the proposed development of the property.
(6) If the preliminary plat is denied by the City Council, the reasons for such action shall be recorded in the proceedings of the Council. If the preliminary plat is approved, the 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 chapter to be indicated on the final plat. The 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.
(7) Approval of a preliminary plat shall be null and void unless within 360 days after receiving the last required approval of the preliminary plat there shall be submitted to the Zoning Administrator a final plat or plats for all or a portion of the approved preliminary plat in accordance with the conditions upon which approval was granted by the City Council. An extension from this requirement may be granted by the Council upon the reception of a request for extension. An extension shall be requested in writing and filed with the city at least 14 days before the voidance of the approved preliminary plat. There shall be no charge for the filing of such request. The request for extension shall state facts showing a good faith attempt was made to meet the final plat submission requirement. Such request shall be presented to the Council for a decision.
(8) In the event of changes to city, county, state, and federal development regulations, the city may require a preliminary plat to be amended to incorporate applicable changes, except as may be prohibited by Minnesota Statutes.
(9) Should the applicant desire to amend a preliminary plat as approved, an amended preliminary plat may be submitted. The city may require the applicant to follow the same procedure as a new preliminary plat. No public hearing will be required for the amendment if the opinion of the city is that the scope of the changes does not constitute a new preliminary plat. A filing fee, as established by the city, shall be charged for amendment processing.
(10) Approval of the preliminary plat shall not be considered binding in regard to subsequent final plat contemplation.
(A) Filing.
(1) After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in the divisions which follow. The city may agree to review the preliminary and final plat simultaneously. The final plat shall incorporate all changes, modifications, and revisions required by the city. Otherwise, it shall strictly conform to the approved preliminary plat.
(2) The application for final plat shall be accompanied by electronic and print copies of a preliminary plat and supportive information in conformity with requirements of this chapter and application checklists.
(B) Approval of the City Council.
(1) The final plat shall be submitted to the Zoning Administrator for distribution to the City Council and appropriate city staff. The city staff shall examine the final plat and prepare a recommendation to the Council. The Council shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and conditions and requirements of the preliminary plat approval.
(2) If approved, the final plat and development agreement shall be approved by resolution, which resolution shall provide for the acceptance of all agreements for basic improvements, public dedication, and other requirements as indicated by the City Council. If disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for such approval.
(C) Development agreement. Before a final plat is approved by the City Council and prior to recording or registering a final plat, the owner or subdivider of the land covered by the plat shall execute and submit to the Council an agreement, which shall be binding on his, her, or their heirs, personal representatives, and assigns, which embodies the terms and conditions of the approval given by the Council, including, but not limited to, requirements set forth in this chapter and which controls the installation of all required improvements. The agreement will require all improvements in compliance with approved engineering standards and applicable regulations. Said development agreement shall provide for the supervision and inspection of the construction by the City Engineer and shall provide for the fees and securities in connection to the improvements.
(D) Existing special assessments. When any existing special assessments which have been levied against the property described are to be divided and allocated to the respective lots in the proposed plat, city staff shall:
(1) Estimate the clerical cost of preparing a revised assessment role;
(2) File the same with the County Auditor; and
(3) Make such division and allocation.
(E) Recording final plat.
(1)
If the final plat and development agreement are approved by the City Council, the applicant shall record them with the County Recorder within 365 days after the approval or approval of the final plat shall be considered void, unless a request for a time extension is submitted in writing and approved by the Council. The applicant shall, immediately upon recording, furnish the Zoning Administrator with a print and reproducible tracing of the final plat showing evidence of the recording.
(2) A final plat will not be released by the city for recording purposes until the applicant has satisfied applicable ministerial requirements of this chapter, including payment of fees, execution of a developer’s agreement, deposit of surety, letters of credit, Mylar copies of the final plat, easement and deed documents, and all other requirements of approval by resolution.
(3) No building permits shall be let for construction of any structure on any lot in the plat until the construction plans have been approved by the city, the city has received evidence of the plat and development agreement being recorded by the county and the provisions of the subdivision’s development agreement have been satisfactorily met.
(F) Recording of multiple-phased plats. If a preliminary plat is final platted in stages, unless otherwise provided for in the development contract, all stages must be final platted into lots and blocks (not outlots) within three years after the preliminary plat has been approved by the City Council. If the final plats are not approved and recorded in accordance with this time frame, the preliminary plat approval shall be considered void, unless a request for time extension is submitted in writing and approved by the Council prior to the expiration of the three-year period.
(G) Extension. Within 30 days of the deadline of recording of the final plat, the applicant may file with the Zoning Administrator a written request that said deadline be extended six months beyond the date the extension is granted. The Zoning Administrator shall place the request on the agenda of a regularly scheduled City Council meeting to be held within 30 days of the extension filing if in their opinion no change has occurred in any land use restriction or the Comprehensive Plan, or any other official control affecting the use, development density, lot size, lot layout, or dedication or platting required or permitted by the preliminary plat.
(Ord. 772, passed 3-14-2022)
DATA REQUIRED FOR PRELIMINARY AND FINAL PLATS
The owner or subdivider shall prepare and submit a preliminary plat together with any necessary supplementary information.
(A) Contents. The preliminary plat shall contain the following information:
(1) Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions;
(2) Location of boundary lines in relation to a known section, quarter section, or quarter- quarter section lines comprising a legal description of the property;
(3) Names and addresses of the record fee owner;
(4) Scale of plat not less than one inch to 100 feet;
(5) Date and north point;
(6) Project narrative; and
(7) Certificate of survey signed by a registered land surveyor and current within six months of plat application to include legal description, all public utilities including pipe size, material type, depths, location, and detail of private utilities or easements, any other easements of record.
(B) Existing conditions plan.
(1) Boundary line of proposed subdivision clearly indicated and to a close degree of accuracy;
(2) Existing zoning classifications for land within and abutting the subdivision;
(3) Location right-of -way width, and names of existing or planned streets, or other public ways, parks, and other public lands, permanent buildings and structures, easements, school districts, section and corporate lines within the plan and to a distance 350 feet beyond shall also be indicated;
(4) Boundary lines of adjoining unsubdivided or subdivided land, within 350 feet, identified by name and ownership, including all contiguous land owned or controlled by subdivider;
(5) Topographic data, including contours at vertical intervals of not more than two feet and all surface features and structures. Watercourses, marshes, rock outcrops, delineated wetlands, power transmission poles and lines, size, location, and elevation of all appurtenances of existing public utilities and all quasi-public utilities, including the name and operating authority of each utility, and other significant features shall be shown. U.S.G.S. data shall be used for all topographic mapping where feasible. (1929 sea level data shall be used for all topographic mapping.) The flood elevation of all lakes, river, and wetlands shall also be shown;
(6) An accurate soil survey of the subdivision prepared by a qualified person;
(7) Location and size of existing sewers, water mains, culverts, storm sewer, or other underground facilities within the tract and to a distance of 100 feet beyond the tract. Such data as grades, invert elevations and locations of catch basins, manholes, and hydrants shall be shown only on request;
(8) A survey prepared by a qualified person identifying tree coverage in the proposed subdivision in terms of type, weakness, maturity, potential hazard, infestation, vigor, density, and spacing. Deciduous trees that are less than six inches in diameter at a point five feet above natural grade, or trees that are diseased or invasive as defined by the Department of Natural Resources may be exempted from this survey; and
(9) Wetland data report shall be required and must consist of a wetland delineation report which identifies all wetlands, ponds, lakes, waterways, floodplains, and shorelines, and a wetland functional assessment summary. The wetland data report must be submitted with the preliminary plat.
(C) Proposed design features.
(1) A proposed grading plan showing the present and existing contours at two-foot contour interval, together with off-site existing contours depicting drainage patterns entering the proposed site, within 200 feet or more of the proposed subdivision is required unless waived by the City Engineer. If determined to be necessary by the City Engineer, one-foot contours may be required for proposed grading plans in order to ensure property drainage. High and low point elevations and emergency overflow elevations and routes shall be provided. The proposed grading plan shall demonstrate a design for the subdivision that respects the natural topography, and preserves existing trees, wetlands, and other natural features;
(2) Layout of proposed streets showing the right-of-way widths, centerline gradients, typical cross-sections, and proposed names of streets. The name of any street heretofore used in the county or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. Street names conform to the master street name and numbering system as adopted;
(3) Locations and widths of proposed streets and pathways;
(4) Layout, numbers, and preliminary dimensions of lots and blocks and dimensions of street frontage;
(5) Tabulation of the acreage of the full subdivision;
(6) Tabulation statement of the approximate square footage and dimensions of the individual lots;
(7) Minimum front and side street building setback lines. When lots are located on a curve, the width of the lot is measured at the building setback line;
(8) For each lot, specify building type, finished floor elevations, and lowest opening elevations.
(9) Areas, other than streets, alleys, pathways, and utility easements intended to be dedicated or reserved for public use, including the size of the area or areas in acres;
(10) Proposed location and routing of proposed sewer lines and identification of gravity mains or forcemains;
(11) Proposed location and routing of proposed water mains;
(12) A vegetation preservation and protection plan that shows those trees proposed to be removed, those to remain, the types and locations of trees, and other vegetation that are to be planted;
(13) A stormwater management plan and erosion and sediment control plan in accordance with the requirements of the city’s Design Manual and per zoning ordinance Chapter 4.10; and
(14) Open space and landscaping plan.
(D) Other information.
(1) The applicant shall supply proof of title in a form approved by the City Attorney and the legal description of the property for which the subdivision is requested and, as applicable, supply documented authorization from the owner(s) of the property in question to proceed with the requested subdivision;
(2) Statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units and type of business or industry, so as to reveal the effect of the development on traffic, fire hazards, and congestion of population;
(3) If any zoning changes are contemplated, the proposed zoning plan for the areas;
(4) (a) Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the Planning Commission shall require that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision; and
(b) In any event, all subdivisions shall be shown to relate well with existing or potential adjacent subdivision.
(5) Where structures are to be placed on large lots (over 30,000 square feet), the preliminary plat shall indicate placement of structures so that lots may be further subdivided;
(6) Where potential subdivision and use of excessively deep (over 300 feet) lots exist, the preliminary plat shall indicate placement of structures so that lots may be further subdivided;
(7) A copy of all proposed private restrictions and covenants; and
(8) Other information as may be requested by the engineer, surveyor, or Planning Commission.
The owner or subdivider shall submit a final plat together with any necessary supplementary information.
(A) Contents. The final plat prepared for recording purposes shall be prepared in accordance with provisions of state statutes and county regulations, and the final plat shall contain the following information:
(1) Names of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision;
(2) Location by section, township, range, county, and state, and including descriptive boundaries of the subdivision based on an accurate traverse, giving angular and linear dimensions which must be mathematically close;
(3) The location of monuments shall be shown and described on the final plat. Locations of the monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles, and distances to the reference points or monuments. Permanent markers shall be placed at each corner of every block or portion of a block, points of curvature and points of tangency of street lines, and at each angle point on the boundary of the subdivision. A permanent marker shall be deemed to be a steel rod or pipe, one-half inch or larger in diameter extending at least two feet below the finished grade due to the difficulty faced with frozen ground in the winter. In situations where conditions prohibit the placing of markers in the locations prescribed above, offset markers will be permitted. The exact locations of all markers shall be shown on the final plat together with accurate interior angles, bearings, and distances. Permanent monuments shall be placed at all quarter section points within the subdivision or on its perimeter;
(4) Location of lots, streets, public highways, alleys, parks, and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines;
(5) Lots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block;
(6) The exact locations, widths, and names of all streets to be dedicated;
(7) Location and width and intended use of all easements to be dedicated;
(8) Name of fee owner and surveyor preparing the plat;
(9) Scale of plat (the scale to be shown graphically and in feet per inch), date, and north point;
(10) Statement dedicating all streets, alleys, and other public areas, utility and drainage easements not previously dedicated as follows: streets alleys, and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated; and
(11) An accompanying letter from the County Surveyor’s office stating that the plat or land survey has been examined and approved.
(B) Certifications required.
(1) Notarized certification by owner and by any mortgage bolder of record of the adoption of the plat and the dedication of streets and other public areas;
(2) Notarized 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 therein exist as located and that all dimensional and geodetic details are correct;
(3) Certification showing that all taxes and special assessments due on the property have been paid in full if requested by the City Council or County Commissioners; and
(4) Space for certificates of approval and review to be filled in by the signatures of the Chairperson of the City Planning Commission and the Mayor and City Clerk.
(a) The form of certificate by the Planning Commission is as follows:
Reviewed by the Planning Commission of the City of Monticello this ____ day of ______, 20___. |
Signed: __________________________ |
Chairperson |
Attest: ___________________________ |
Secretary |
(b) The form of approval of the City Council is as follows:
Approved by the City of Monticello, Minnesota this ____ day of ______, 20___. |
Signed: __________________________ |
Mayor |
Attest: ___________________________ |
City Clerk |
(C) Recording required. A letter from the County Recorder’s office stating the final plat has been recorded as approved by the City Council shall be received by the Building Official’s office before any building permits may be issued.
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