§ 153.021 REVIEW OF THE PRELIMINARY PLAT.
   (A)   The City Clerk shall, upon receipt of the preliminary plat and application, refer one (1) copy of the plat and application to the governing body, two (2) copies of the plat to the Planning Commission and one (1) copy of the plat to the school district, if applicable.
   (B)   If the proposed subdivision abuts any state trunk highway, the city shall refer one (1) copy to MNDOT for review as required by state law; if it adjoins a public body of water, one (1) copy shall be referred to the D.N.R. for review, and if it adjoins county land it will be referred to the County Engineer for review, one (1) copy will be sent to the S.W.C.D. if applicable.
   (C)   The Engineer and if appropriate, the School Board, County Planning Commission, Town Board and the District Highway Engineer, shall within fifteen (15) days, submit reports to the Planning Commission expressing recommendations for approval, disapproval or revisions of the preliminary plat.
   (D)   Within forty-five (45) days after the plat is filed, the Planning Commission shall hold a public hearing on the plat. Notice of the purpose, time, and place of such public hearing shall be published in the official newspaper at least ten (10) days prior to the day of the hearing. The subdivider shall furnish the city with the names and mailing addresses of owners of all lands within three hundred fifty (350) feet of the boundaries of the preliminary plat and the clerk shall give mailed notice of said hearing to said owners at least ten (10) days prior to the day of the said hearing, although failure of any property owner to receive such notification shall not invalidate the proceedings.
   (E)   (1)   The subdivider or his or her representative shall appear before the Planning Commission at the public hearing, in order to answer questions concerning the preliminary plat.
      (2)   The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning the subdivision request or to retain expert testimony with the consent and at the expense of the applicant concerning the subdivision, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter and all other city codes and ordinances.
   (F)   The report of the Planning Commission shall be submitted to the governing body not later than thirty (30) days after the public hearing on the plat unless an extension of time is obtained. If the Planning Commission fails to make a report within the necessary time frames, the governing body shall proceed without said report. Failure to receive a report from the Planning Commission as herein provided shall not invalidate the proceedings or actions of the governing body.
   (G)   The governing body may hold a public hearing on the plat following notice as provided herein. After receiving the Planning Commission’s recommendations, the City Council will act to approve or disapprove the plat at their next regularly scheduled meeting. Approval of the plat shall be by passage upon a simple majority vote of the entire membership of the governing body.
   (H)   Approval of the preliminary plat is an acceptance of the general layout and indication to the subdivider that he or she may proceed toward fulfilling the necessary steps for approval of the plat in accordance with the terms of approval. Such approval does not constitute final acceptance of the subdivision.
   (I)   The governing body may require modifications, changes, and revisions of the plat, as it deems necessary to protect the health, safety, morals, comfort, convenience, and general welfare of the community.
(Ord. 274, passed 4-15-1997)