(A) M.S. § 462.358 requires that approval of an application for a preliminary plat must be given within 120 days from the time the preliminary plat is submitted unless both the city and the applicant agree to an extension.
(B) Before dividing any tract of land into 2 or more lots or parcels, the following procedure shall be followed.
(1) Submittal to the Planning and Zoning Commission.
(a) Upon acceptance by the Zoning Administrator of a completed application for a preliminary plat containing all of the data required by § 151.22, the proposed preliminary plat shall be submitted to the city at least 10 days prior to the Planning and Zoning Commission meeting at which the plat shall be considered. The Community Development Director shall prepare the report setting out whether or not the plat meets the requirements of state law, the city code provisions, and the City Comprehensive Plan. The Community Development Director shall present the report, together with recommendations, to the next meeting of the Commission following its filing with the City Planner with the city.
(b) The Planning and Zoning Commission shall consider the plat at the meeting at which it is submitted, and may consider it at special or adjourned meetings as it shall determine are necessary.
(c) The Planning and Zoning Commission shall have the authority to recommend approval or disapproval of the preliminary plat, to approve it with conditions attached, and to disapprove it until and unless certain conditions are first complied with.
(d) Upon the making of its determination, the Planning and Zoning Commission shall embrace the same within a motion, which shall include all conditions it requires for approval, or conditions upon which approval will be granted, and shall set forth the reasons for the approval given. A copy of the motion shall be sent forthwith to the subdivider and a copy thereof to the Council, together with the plat that it approves, conditionally or otherwise.
(2) Submittal to the Council.
(a) Upon the adoption of the motion provided by the Planning and Zoning Commission, the plat shall come before the council for review.
(b) The Council may hold the public hearings on the plat as it shall in its discretion determine, and upon the notice as it shall provide.
(c) The Council shall have authority to approve, disapprove, modify, and amend the motion of the Planning and Zoning Commission, and it may refer the same to the Planning and Zoning Commission for further study. A referral to the Planning and Zoning Commission shall not be deemed a final action thereon by the Council, and the Planning and Zoning Commission shall report back thereon no later than 45 days following the Council meeting at which it was referred.
(d) Upon final decision by the Council, it shall embrace its decision in a motion, provided, however, it may adopt the motion of the Planning and Zoning Commission by reference.
(e) Upon decision by the Council, the City Administrator-Clerk-Treasurer shall transmit a copy of the motion, or notice of adoption without change, to the subdivider.
(f) The approval of the preliminary plat shall not constitute an acceptance of the subdivision but it shall be deemed to be an authorization to proceed with the preparation of the final plat.
(g) The approval of the preliminary plat by the Council shall be effective for a period of 1 year from the date of approval by the Council.
(h) The subdivider may file a final plat limited to the portion of the preliminary plat, which the subdivider proposes to record, and develop at the time, provided that the portion must conform to all requirements of this chapter. If some portion, or all, of the final plat has not been submitted to the Planning and Zoning Commission for approval within the time herein above provided, a preliminary plat must again be submitted to the Planning and Zoning Commission and the Council for approval, unless the Commission and the Council shall waive this requirement.
(Ord. 239, § 1505, passed 1-22-2000) Penalty, see § 10.99