(A) After the preapplication meeting, submittals and review, the subdivider may proceed with a preliminary plat submittal. The subdivider shall submit five copies of the preliminary plat to the Zoning Administrator and shall pay, at the time of application, a filing fee of $200, plus $25 per lot for each lot in excess of ten lots. The required exhibits shall be as specified for preliminary plat documents in this chapter. The preliminary plat shall be signed by a registered land surveyor or engineer.
(B) Upon receipt of the application, the Zoning Administrator and Director of Engineering shall determine if the preliminary plat, including required exhibits, is complete. If the application submittal is found to be incomplete, the Zoning Administrator shall, within ten business days of receipt of the preliminary plat, notify the applicant what information is missing.
(C) Upon receipt of a complete preliminary plat submittal, the Zoning Administrator shall set the date for the public hearing, and shall have notice of the hearing published in the official newspaper at least once, not less than ten days and not more than 20 days prior to the hearing. The Zoning Administrator shall send hearing notice, at least seven days prior to the meeting, to city property owners within 350 feet of the outer boundaries of the property in question and to township property owners within ¼-mile of the outer boundaries of the property.
(D) The Zoning Administrator shall submit copies of the preliminary plat to the Planning Commission, the Director of Engineering and any other appropriate city officials, as well as to officials of any other jurisdiction affected by the proposed subdivision. One copy shall be submitted other the County Engineer if the plat abuts a county road and one copy to the State Department of Transportation if the plat abuts a State Highway for review and comment.
(E) The Director of Engineering and Zoning Administrator and other appropriate city officials shall review the preliminary plat and shall transmit a report of their findings and recommendations together with any supporting material to the Planning Commission prior to the meeting at which the plat is to considered
(F) The subdivider or a duly authorized representative shall attend both the Planning Commission meeting and City Council meeting at which the preliminary plat is scheduled for consideration. Failure of the subdivider or a duly authorized representative to be present at the Planning Commission and Council meetings shall be grounds to defer action on the proposed preliminary plat, and shall toll any applicable time limits for the approval or disapproval of a preliminary plat, until the next meeting for which proper notice has been given.
(G) The City Manager may authorize retention of qualified professional advisors on the preliminary plat's suitability regarding general planning; conformity with plans of other private and public organizations and agencies; adequacy of proposed water supply, sewage disposal, drainage and flood control, special assessment procedures and other features. Before engaging the services, the city shall first have the subdivider's written consent and agreement to pay the cost of the services.
(H) Any preliminary plat of land included in the shoreland overlay district shall be reviewed by the Department of Natural Resources (DNR) prior to its submission to the Planning Commission. All plats which are inconsistent with the shoreland overlay district provisions shall be reviewed by DNR before approval by the city. The Zoning Administrator or Director of Engineering shall submit all preliminary plats to the DNR, for receipt by the DNR Commissioner no later than ten days before the public hearing on the plat.
(I) Within 30 days after the preliminary plat has been filed and after reports and certifications have been received as requested, the Planning Commission shall hold a public hearing on the preliminary plat. This shall constitute the public hearing on the plat required by state law. If expert review is required under division (G) above, or if DNR Review is required under division (H) above, then the Planning Commission shall hold a public hearing within 30 days after the review is completed.
(J) Within 30 days of the public hearing date, the Planning Commission shall report to the City Council the Commission's statement of findings and recommendation for approval, conditional approval or denial.
(K) The City Council shall act to approve, conditionally approve or deny the preliminary plat within 120 days from the date the completed application for a preliminary plat is accepted as provided by M.S. § 462.358 (3)(b), as it may be amended from time to time, unless the subdivider agrees to an extension of the review period. If the City Council fails to approve, conditionally approve or deny a preliminary plat within the period designated in this section for review, public hearing and City Council action, then the preliminary plat shall be deemed approved, and upon demand, the city shall execute a certificate to that effect. If the City Council denies the preliminary plat, the grounds for any denial shall be set forth in the minutes of the City Council meeting and reported to the owners and subdividers. If the City Council approves or conditionally approves the preliminary plat, it shall do so by resolution. Upon approval, the subdivider may prepare a final plat complying with the approved terms and conditions of the preliminary plat, and complying, with standards of this chapter.
(L) The subdivider may request amendment in the approval or conditional approval of the preliminary plat before submission of a final plat. The Director of Engineering and Zoning Administrator shall review the proposed amendment to determine if it is minor or major in nature, in accordance with the following criteria:
(1) (a) A proposed amendment may be deemed minor if:
1. No change or shift is made in the placement of any street, right-of-way or easement;
2. Lot line adjustments are made on no more than 10% of the platted lots;
3. No decrease is made to the minimum area to be dedicated for parkland, trail or open space per § 151.054; and
4. The proposed amendment would increase density by no more than 10%.
(b) If a proposed amendment is deemed to be minor, the subdivider may proceed to final plat submittal.
(2) If a proposed amendment is deemed to be major, the amended preliminary plat and related documents shall be resubmitted for preliminary plat review including public hearing, subject to all requirements set forth in § 151.022.
(3) The subdivider shall submit an amended grading and drainage plan for either a major or minor amendment, or shall certify that there is no change from the preliminary plat.
(M) During the intervening time between approval of the preliminary plat and the signing of the final plat, the subdivider must submit acceptable engineering plans for all required improvements to and coordinate all work with the Director of Engineering.
(`86 Code, § 10.19)