SEC. 12.11. PROCEDURES FOR FILING AND REVIEW.
Subd. 1. Sketch Plan. In order to insure that all applicants are informed of the procedural requirements and minimum standards of this Chapter and the requirements or limitations imposed by other City Code provisions or plans, prior to the development of a preliminary plat, all applicants shall present a sketch plan to the City Administrator prior to filing a preliminary plat.
A. Filing. Five (5) copies of the preliminary plat and list of property owners located within one hundred (100) feet of the subject property obtained from Wright County, shall be submitted to the City Administrator. The required filing fee as established by Council resolution shall be paid and any necessary applications for variances from the provisions of this Chapter shall be submitted with the required fee. The proposed plat shall be placed on the agenda of the first possible Planning Commission meeting occurring after ten (10) days from the date of submission. The plan shall be considered as being officially submitted when all the information requirements are complied with.
B. Hearing. The City Clerk shall set a public hearing for public review of the preliminary plat. The hearing shall be held after adequate time has been allowed for staff and advisory body review of the plat. The Planning Commission shall conduct the hearing, and report its findings and make recommendations to the Council. Notice of the hearing shall consist of a legal property description, description of request and shall be published in the official newspaper at least ten (10) day prior to the hearing. Written notification shall be mailed at least ten (10) days prior to all owners of land within one hundred (100) feet of the boundary of the property in question.
C. Technical Assistance Reports. The City Administrator shall instruct the appropriate staff to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Council.
D. Review by Other Commissions or Jurisdictions. The City Administrator shall refer copies of the preliminary plat to the Park and Recreation Committee, County, State or other public jurisdictions for their review and comment, where appropriate and when required.
E. Planning Commission Action. The Planning Commission shall make a recommendation to the Council following the close of the public hearing. If the Planning Commission has not acted upon the preliminary plat within sixty (60) days following delivery of a subdivision application completed in compliance with this Chapter, the Council may act on the preliminary plat without the Planning Commission's recommendation.
F. Council Action.
1. The Council shall approve or disapprove the preliminary plat within one hundred twenty (120) days following delivery of an application completed in compliance with this Chapter unless an extension of the review period has been agreed to by the applicant and may impose conditions and restrictions which are deemed appropriate.
2. If the preliminary plat is not approved by the Council, the reasons for such action shall be recorded in the proceedings of the Council. If the preliminary plat is approved, such approval shall not constitute final acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this Chapter to be indicated on the final plat. The Council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, general welfare and convenience of the City based upon technical findings and needs.
3. If the preliminary plat is approved by the Council, the subdivider must submit the final plat within one hundred (100) days after said approval or approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing and approved by the Council.
A. Filing. After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in this Chapter. The City may agree to review the preliminary and final plat simultaneously.
B. Approval of the Planning Commission. Five (5) copies of the final plat shall be submitted to the City Administrator for distribution to the Planning Commission, Council and appropriate City staff. The City staff shall examine the final plat and prepare a recommendation to the Planning Commission. Nature of approval, disapproval or any delay in decision of the final plat will be conveyed to the subdivider within ten (10) days after the meeting of the Planning Commission at which such plat was considered.
C. Approval of the Council. After review of the final plat by the Planning Commission, such final plat, together with the recommendations of the Planning Commission shall be submitted to the Council for approval. If accepted, the final plat shall be approved by resolution, which resolution shall provide for the acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the Council. If disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for such approval.
D. Special Assessments. When any existing special assessments which have been levied against the property described shall be divided and allocated to the respective lots in the proposed plat, the City Administrator shall estimate the clerical cost of preparing a revised assessment roll, filing the same with the County Auditor, and making such division and allocation, and upon approval by the Council of such cost, the same shall be paid to the City Clerk before the final plat approval.
E. Street Addresses. With submission of the final plat, five (5) copies of the plat map showing all addresses correctly labeled in conformance with all applicable County ordinances and policies and City Code provisions and City policies shall be supplied to the City Administrator for subsequent distribution to the utility companies and local school districts.
F. Recording Final Plat. If the final plat is approved by the Council, the subdivider shall record it with the Wright County Recorder within one hundred (100) days after said approval or approval of the final plat shall be considered void, unless a request for time extension is submitted in writing and approved by the Council. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. No building permits shall be let for construction of any structure on any lot in said plat until the City has received evidence of the plat being recorded by Wright County.
Subd. 4. Premature Subdivisions. Any preliminary plat of a proposed subdivision deemed premature for development shall be denied by the Council.
A. Conditions Establishing Premature Subdivisions. A subdivision may be deemed premature should any of the conditions set forth in the provisions which follow exist:
1. Lack of Adequate Drainage. A condition of inadequate drainage shall be deemed to exist if:
(a) Surface or subsurface water retention and runoff is such that it constitutes a danger to the structural security of the proposed structures.
(b) The proposed subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or downstream land.
(c) The proposed site grading and development will cause harmful and irreparable damage from erosion and siltation on downstream land.
(d) Factors to be considered in making these determina-tions may include: average rainfall for the area; the relation of the land to flood plains; the nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems; the slope of the land and its effect on effluents; and the presence of streams as related to effluent disposal.
2. Lack of Adequate Water Supply. A proposed subdivision shall be deemed to lack an adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed subdivision if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas.
3. Lack of Adequate Roads or Highways to Serve the Subdivision. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when:
(a) Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare, or seriously aggravate an already hazardous condition, and when, with due regard to the advice of Wright County and/or the Minnesota Department of Highways, said roads are inadequate for the intended use.
(b) The traffic volume generated by the proposed subdivision would create unreasonable highway congestion or unsafe conditions on highways existing at the time of the application or proposed for completion within the next two (2) years.
4. Lack of Adequate Waste Disposal Systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems if in subdivisions for which sewer lines are proposed there is inadequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density indicated in the Comprehensive Plan of the City, as may be amended.
5. Inconsistency With Comprehensive Plan. The proposed subdivision is inconsistent with the purposes, objectives and recommendations of the duly adopted Comprehensive Plan of the City, as may be amended.
6. Providing Public Improvements. If public improvements, such as recreational facilities, or other public facilities, reasonably necessitated by the subdivision, which must be provided at public expense, cannot be reasonably provided for within the next two (2) fiscal years.
7. MEQC Policies. The proposed subdivision is inconsistent with the policies of MEQC 25, as may be amended, and could adversely impact critical environmental areas or potentially disrupt or destroy historic areas which are designated or officially recognized by the Council in violation of Federal and State historical preservation laws.
B. Burden of Establishing. The burden shall be upon the applicant to show that the proposed subdivision is not premature.
Source: Ordinance No. 13.045
Effective Date: 5-24-85