(A) M.S. § 462.358, Subd. 3b, as it may be amended from time to time, requires that a decision on the approval of the final plat must be given 60 days after the applicant has met all requirements and conditions unless the applicant agrees to an extension.
(B) After the preliminary plat has been approved, and the subdivider determines to proceed to secure approval of all or a part thereof as a final plat, the final plat shall be submitted as follows.
(1) Submittal to Planning and Zoning Commission.
(a) Upon acceptance of a completed application for a final plat containing all of the data required by §151.23, the Zoning Administrator shall submit the proposal final plat to the city at least 10 days prior to the Planning and Zoning Commission meeting at which the same be considered. The Community Development Director shall prepare a report setting out whether or not the final plat is in substantial agreement with the preliminary plat and if not, in which particulars it varies from the preliminary plat and whether or not it conforms to the requirements of law and city code provisions, and that the final plat meets all the conditions attached to final approval of the preliminary plat.
(b) The Planning and Zoning Commission shall consider the final plat at the meeting at which it is submitted, and may consider it at the 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 final plat. If it shall determine that it cannot approve it unless certain conditions are attached, it shall by motion set forth the conditions for approval and forthwith send a copy of the conditions to the subdivider. All further action on the plat shall be suspended until the subdivider responds to the conditions. If the subdivider takes no further action within a period of 3 months from the date of the adoption of the conditions, the plat shall be deemed to be disapproved.
(d) Final action by motion on the final plat shall be communicated forthwith to the subdivider by the Secretary of the Planning and Zoning Commission. A copy of the motion shall be sent to the Council, together with the plat, and the other data, as the Commission shall determine.
(e) If the Planning and Zoning Commission approves the final plat, the Chairperson and the Secretary shall sign the same.
(2) Submittal to the Council.
(a) Upon the adoption of the motion of approval or disapproval by the Planning and Zoning Commission, the final plat shall come before the Council for review.
(b) The Council shall have the authority to hold the hearings on the final plat as it shall determine, and upon the notice as it shall provide.
(c) If the Council is not satisfied with the final plat as presented, it may:
1. Disapprove the same;
2. Set forth the conditions and requirements as it shall require to be fulfilled before the same is approved; or
3. Refer the same to the Planning and Zoning Commission for the further action as it shall determine. Upon the referral, the Planning and Zoning Commission shall act thereon at the next meeting and report back to the Council no later than 45 days after the action of the Council.
(d) If the Council shall determine to accept the plat, it shall by motion so determine, and the resolution shall provide for the acceptance of all streets, alleys, easements, or other public ways, parks, and other spaces dedicated to public purposes.
(e) The action of the Council finally determining the matter shall be communicated by the Community Development Director to the subdivider. If the plat is disapproved, the Administrator shall set forth the reasons given by the Council for the determination.
(Ord. 239, § 1506, passed 1-22-2000)