(A) Applicability. The requirements of § 153.027 shall apply to all applications subject to review under this chapter unless otherwise stated.
(B) Authority to file applications.
(1) Unless otherwise specified in this chapter, applications may be initiated by:
(a) The owner of the property that is the subject of the application;
(b) The owner's authorized agent; or
(c)
The city, including the Community Development Department as authorized by this chapter.
(2) When an authorized agent files an application under this chapter on behalf of a property owner, the agent shall provide a signed authorization from the fee title property owner stating that the property owner agrees to be bound by all decisions, agreements, and related conditions agreed to by such agent.
(3) For all applications involving multiple owners, contract purchasers, etc; all such persons shall sign the application.
(C) Application submission schedule. The schedule for the submission of applications in relation to scheduled meetings of the decision-making bodies shall be maintained by the Community Development Department and made available to the public.
(D) Application contents.
(1) Organization and copies. The organization of applications and the number of copies of required information to be submitted shall be determined by the Community Development Department.
(2) General submittal requirements. All applications shall include:
(a) A completed City of Monticello application form;
(b) Verification of authority to file applications per the requirements of § 153.027(B);
(c) Supporting title information establishing ownership interests in the property (e.g. a title commitment and/or signature of fee title property owner);
(d) All submittal requirements outlined in this chapter for the specific application type;
(e) Electronic copies of all written narratives and plan sets required by the Community Development Department as part of the specific application;
(f) The city may require applicants to submit such technical studies as may be necessary to enable the city to evaluate the application. Such studies may include, but not be limited to, traffic studies, engineering studies, environmental impact assessments, and economic impact reports. The costs of such studies shall be borne by the applicant with the persons or firms preparing the study approved by the city.
(3) Submission of fees. Applications shall be accompanied by a fee as established by the City of Monticello pursuant to the most recently adopted City of Monticello Fee Schedule.
(E) Application acceptance.
(1) Complete application required. The review and consideration of an application submitted under this section shall only occur if such application includes all items that are required in support of the application and is deemed complete by the Community Development Department (see M.S. § 15.99(3)(a), as it may be amended from time to time).
(2) Waiver of application requirements. Except for the required application form and the associated fee, the Community Development Department may waive individual submittal requirements and deem an application complete for review if it is determined that such information will serve no purpose during the review process. However, it is the responsibility of the applicant to supply all information required by this chapter, and a waiver issued by the Community Development Department shall not eliminate the need to provide such information at a later time if it is ultimately deemed necessary to adequately review the application. During the review process, failure of an applicant to supply information in a timely manner may result in denial of the application due to the city's inability to comply with state mandated time deadlines.
(F) Simultaneous processing of applications. Whenever two or more forms of review and approval are required under this chapter (e.g., a proposed rezoning and subdivision application), the applications for those approvals may, at the discretion of the Community Development Department, be processed simultaneously, so long as all applicable requirements are satisfied for all applications.
(G) Pre-application conferences.
(1) All prospective applicants are encouraged to speak with a member of the Community Development Department prior to submitting an application in order to review the proposal and to determine the specific materials to be submitted with the future application.
(2) Discussions that occur during a pre-application conference are not binding on the city and do not constitute official assurances, representations or approvals by the city or its officials on any aspects of the plan or application discussed.
(H) Fees.
(1) Determination of fees. Fees required to accompany applications submitted under this chapter shall be in accordance with the approved fee schedule adopted yearly by the City Council.
(2) Fees to be paid. No application shall be accepted until all applicable application fees have been paid.
(3) Refund of application fee. Application fees are not administratively refundable except when the Community Development Department determines that an application was withdrawn prior to any consideration or review of the application.
(4) Escrow. Application fees may also require payment of an escrow in favor of the city. The required escrow amount shall be in accordance with the approved fee schedule adopted yearly by the City Council.
(5) Staff and/or consultant fee. In order to defray the additional cost of processing applications submitted under this chapter, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicants request and all materials for said request.
(a) "Materials" shall include, but not be limited to, maps, graphs, charts, drawings, etc., and all printing and 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 in accordance with the approved fee schedule adopted yearly by the City Council.
(I) Public notification. Applications requiring public notification shall be noticed in compliance with the following provisions.
(1) Content. Notices for public hearings, whether by publication or mailed notice, shall contain at a minimum:
(a) A bold title referring to the content of the notice.
(b) Identification of the address or location of the property or properties subject to the application.
(c) Date, time, and place of the public hearing.
(d) Nature and scope of the application.
(e) Where to view the application.
(f) Where the public may be heard.
(g) Provision for written comments. The notice will describe where written comments will be received prior to the public hearing.
(2) Timing of the notice. Unless otherwise expressly provided or required by law, all statutorily or code required notices shall be postmarked or published at least ten days prior to the hearing or meeting at which the application will be considered.
(3) Responsibilities.
(a) Published notice. When the provisions of this chapter require that notice be published, the Community Development Department shall be responsible for preparing the content of the notice and publishing the notice in the city's official newspaper. The content and form of the published notice shall be consistent with the requirements of § 153.027(I)(1) and state law.
(b) Written (mailed) notice. When the provisions of this chapter require that written or mailed notice be provided, the Community Development Department shall be responsible for preparing and mailing the written notice per the requirements outlined in Table 2-2.
TABLE 2-2: WRITTEN NOTIFICATION REQUIREMENTS | |
Application Type | Written Notice Provided To |
TABLE 2-2: WRITTEN NOTIFICATION REQUIREMENTS | |
Application Type | Written Notice Provided To |
Comprehensive Plan Amendment | - For amendments which involve five acres of land or less, written notice shall be provided to all property owners within 350 feet - For amendments which involve more than five acres of land, notice need only be published within the city's official newspaper |
Zoning Map Amendment | All property owners within 350 feet |
Variance | All property owners within 350 feet |
Conditional Use Permit | All property owners within 350 feet |
Interim Use Permit (new and renewal) | All property owners within 350 feet |
CUP/IUP Revocation | Permittee/landowner only |
Planned Unit Developments | All property owners within 350 feet |
(4) Notice construction.
(a) The Community Development Department may use property tax records to determine the names and addresses of affected property owners. A copy of the notice and a list of the owners and addresses to which the notice was sent must be attested to by the Community Development Department and must be made a part of the records of the proceedings.
(b) Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a good faith attempt has been made to comply with applicable notice requirements. Minor defects in notice are errors that do not affect the substance of the notice (e.g., errors in a legal description, typographical or grammatical errors, errors of actual acreage, etc). Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the notification requirements and information specifying the time, date, and place of a hearing shall be strictly construed.
(c) When the records of the city document the publication, mailing, and posting of notices as required by this division, it shall be presumed that notice of a public hearing was given as required by this division.
(J) Continuation of public hearings. A public hearing for which proper notice was given may be continued during the course of such hearing to a later date without again complying with the written and publication notice requirements of this chapter, provided that the continuance date is announced at the meeting.
(K) Withdrawal of an application. A request for withdrawal of an application shall be submitted in writing with a signature to the Community Development Department.
(L) Required action deadline. All applications for land use approvals shall be approved or denied within timeframes required by applicable laws, regulation and the provisions of this chapter in effect on the date the application was submitted.
(M) Environmental review.
(1) No development project shall be approved prior to review by the Community Development Department to determine the necessity for completion of an Environmental Assessment worksheet (EAW) or Environmental Impact Statement (EIS). Procedures for EAWs and EISs are set forth in the Minnesota Environmental Quality Review Board (EQB) regulations for the Environmental Review Program authorized by M.S. §§ 116D.04 and 116D.045, as the may be amended from time to time, and specified in Minn. Rules Parts 4410.0200 to 44410.7800.
(2) Environmental reviews (EAWs and EISs) shall be conducted as early as practical in the processing of a development project. No decision on granting of a permit or other approval required may be issued until the EAW/EIS process is completed.
(N) Reconsideration of land use approval applications. No application for land use approval which has been denied by the City Council, in whole or in part, shall be reconsidered for a period of six months from the date of City Council action on the application, except where there is substantial new evidence or proof of a change in conditions with respect to such application. Before any such reconsideration, the city may require the submission of the appropriate application fee and the application may be considered as a new application.