The procedures established herein shall be followed
in the administration of this chapter, and no real property within
the jurisdiction of this chapter shall be subdivided and offered for
sale, or a plat recorded, until a preapplication meeting has been
held and a preliminary plat and a final plat of the proposed subdivision
have been reviewed by the City Planning Commission, and until the
final plat has been approved by the City Council, and until the final
plat is filed in the office of the Wilkin County Recorder. Plans of
group developments for housing, commercial, industrial or other uses
or for any combination of uses designed for rental purposes shall
be presented in the same manner as other plats for the review of the
Planning Commission and the approval of the City Council.
[Amended 5-7-2018 by Ord.
No. 499]
In order to ensure that all applicants are informed
of the procedural requirements and minimum standards of this chapter
and the requirements or limitations imposed by other City ordinances
or plans prior to the development of a preliminary plat, all applicants
shall present a sketch plan to the City Administrator or his/her designee
prior to filing a preliminary plat.
A.
Filing. Ten copies of a subdivision application, the preliminary plat, the informational requirements as specified in Article IV of this chapter and a list of property owners located within 350 feet of the subject property obtained from Wilkin County shall be submitted to the City Administrator or his/her designee. The required filing fee as established by City Council resolution shall be paid, and any necessary additional applications for variances from the provisions of this chapter shall be submitted with the required fee. The application and plat shall be placed on the agenda of the first possible Planning Commission meeting occurring after 10 days from the date of submission. The plan shall be considered as being officially submitted when all the information requirements as specified by this chapter are complied with.
[Amended 5-7-2018 by Ord.
No. 499]
B.
Hearing. The Planning Commission upon receipt of said
application shall instruct the City Administrator or his/her designee
to set a public hearing for review of the application and preliminary
plat and for all interested parties to testify and present evidence.
Said hearing shall be established once 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 City Council. Notice of said hearing shall consist of a legal
property description, description of request and a map detailing the
property location and shall be published in the official newspaper
at least 10 days prior to the hearing. Written notification of said
hearing shall be mailed at least 10 days prior to the hearing to all
owners of land within 350 feet of the boundary of the property in
question. Failure of a property owner to receive said notice shall
not invalidate any such hearing as set forth in this chapter.
[Amended 5-7-2018 by Ord.
No. 499]
C.
Technical assistance reports. After the public hearing
has been set, the City Administrator or his/her designee shall instruct
the appropriate staff persons to prepare technical reports where appropriate
and provide general assistance in preparing a recommendation on the
action to the City Council.
[Amended 5-7-2018 by Ord.
No. 499]
D.
Review by other commissions or jurisdictions. The
City Administrator or his/her designee shall refer copies of the preliminary
plat to the township, county, region, state or other public jurisdictions
for their review and comment, where appropriate and when required.
Copies shall be sent to the county and township when the proposed
subdivision lies outside of the City limits.
[Amended 5-7-2018 by Ord.
No. 499]
E.
Planning Commission action. The Planning Commission
shall make a recommendation to the City Council immediately following
the close of the public hearing. If the Planning Commission has not
acted upon the preliminary plat within 60 days from the opening of
the public hearing, the Council may act on the preliminary plat without
the Planning Commission's recommendation.
F.
City Council action.
(1)
If all requirements of this chapter and of the Planning
Commission are complied with, the Council shall act upon the preliminary
plat and may impose conditions and restrictions which are deemed necessary,
within 60 days of the date of the close of the Planning Commission's
public hearing or 120 days from the date of the Planning Commission's
opening of the public hearing.
(2)
If the preliminary plat is not approved by the City
Council, the reasons for such action shall be recorded in the proceedings
of the Council and transmitted to the applicant. If the preliminary
plat is approved, such approval shall not constitute final acceptance
of the layout. Subsequent approval will be required of the engineering
design plans and other features and requirements as specified by this
chapter to be indicated on the final plat. The City 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 of Breckenridge.
(3)
If the preliminary plat is approved by the City Council,
the subdivider must submit the final plat within 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 City Council.
A.
Filing. After the preliminary plat has been approved,
the final plat shall be submitted for review as set forth in the subsections
which follow.
B.
The subdivider may file a final plat limited to such
portion of the preliminary plat which he or she proposes to record
and develop at one time, provided that such portion shall conform
to all requirements of this chapter and the Minnesota Statutes, Chapter
505, as may be amended.
C.
Approval of the Planning Commission. Ten copies of
the final plat shall be submitted to the City Administrator or his/her
designee for distribution to the Planning Commission, City Council
and appropriate City staff, at least 20 days prior to a Commission
meeting at which consideration is requested. During the said 20 days,
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 10 days after the meeting of the City Planning Commission at
which such plat was considered. In case the plat is disapproved, the
subdivider shall be notified in writing of the reasons for such action
and what requirements shall be necessary to meet the approval of the
Commission.
[Amended 5-7-2018 by Ord.
No. 499]
D.
Approval of the City 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 City 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 City 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 subdivider.
E.
Special assessments. When any existing special assessments
which have been levied against the property described as divided and
allocated to the respective lots in the proposed plat, the City Administrator
or his/her designee shall estimate the clerical cost of preparing
a revised assessment roll, filing the same with the County Auditor
and making such division and allocation. Upon approval by the Council
of such cost, the same shall be paid to the City Administrator or
his/her designee before the final plat approval.
[Amended 5-7-2018 by Ord.
No. 499]
F.
Street addresses. With submission of the final plat,
10 copies of the plat map showing all addresses correctly labeled
in conformance with all applicable Wilkin County and City ordinances
and policies shall be supplied to the City Administrator or his/her
designee for subsequent distribution to the utility companies and
local school districts.
[Amended 5-7-2018 by Ord.
No. 499]
G.
Recording final plat. If the final plat is approved
by the City Council, the subdivider shall record it with the Wilkin
County Recorder within 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 City Council.
The subdivider shall, immediately upon recording, furnish the City
Administrator or his/her designee 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
in the office of the Wilkin County Recorder.
[Amended 5-7-2018 by Ord.
No. 499]
