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09-14-2020 Council Packet
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09-14-2020 Council Packet
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July 20, 2020 page 15 <br />(c) If the city or the responsible agency of the city fails to preliminarily approve or disapprove an 595 <br />application within the review period, the application shall be deemed preliminarily approved; and upon 596 <br />demand the city shall execute a certificate to that effect. Following preliminary approval, the applicant 597 <br />may request final approval by the city; and upon such request, the city shall certify final approval 598 <br />within 60 days if the applicant has complied with all conditions and requirements of applicable 599 <br />regulations and all conditions and requirements upon which the preliminary approval is expressly 600 <br />conditioned either through performance or the execution of appropriate agreements assuring 601 <br />performance. If the city fails to certify final approval as so required, and if the applicant has complied 602 <br />with all conditions and requirements, the application shall be deemed finally approved; and upon 603 <br />demand the city shall execute a certificate to that effect. After final approval a subdivision may be 604 <br />filed or recorded. 605 <br />(d) For one year following preliminary approval and for two years following final approval, unless the 606 <br />subdivider and the city agree otherwise, no amendment to a comprehensive plan or official control 607 <br />shall apply to or affect the use, development density, lot size, lot layout or dedication or platting 608 <br />required or permitted by the approved application. Thereafter, pursuant to its regulations, the city may 609 <br />extend the period by agreement with the subdivider and subject to all applicable performance 610 <br />conditions and requirements, or it may require submission of a new application unless substantial 611 <br />physical activity and investment has occurred in reasonable reliance on the approved application and 612 <br />the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a 613 <br />new application. In connection with a subdivision involving planned and staged development, the city 614 <br />may by resolution or agreement grant the rights for such period of time longer than two years which it 615 <br />determines to be reasonable and appropriate. 616 <br />State Law reference— Similar provisions, Minn. Stat. § 462.358, subd. 3c. 617 <br />Sec. 82-84. - Initial staff review. 618 <br />Any person proposing subdivision of land within the city shall meet with the City Administrator or 619 <br />designee zoning administrator to review briefly the proposed subdivision, to obtain a copy of this chapter 620 <br />and receive advice concerning subdivision requirements, required submittals, fees and schedules. The 621 <br />zoning administrator shall classify the proposed subdivision in accordance with section 82-15. 622 <br />Sec. 82-85. - Sketch plan. 623 <br />(a) Purpose. The sketch plan is an initial presentation of the subdivider's intention and serves as the basis 624 <br />for conceptual discussion between the city and the subdivider and provides beneficial savings for the 625 <br />subdivider. 626 <br />(b) Requirements. A sketch plan review may be completed for all subdivision applications. 627 <br />(c) Sketch plan application. 628 <br />(1) All subdivisions. The planning commission shall review all sketch plans based upon the 629 <br />subdivider's formal application. Incomplete applications will not be reviewed. Complete 630 <br />applications shall include the following: 631 <br />a. Completion of all items on the sketch plan application form; 632 <br />b. Map 1: aA location map; 633 <br />c. Map 2: a half-section map; 634 <br />d. Map 3: aA map in a form acceptable to the zoning administrator City Administrator or 635 <br />designee which adequately describes the proposed subdivision in such a way as to show 636 <br />compliance with this chapter; 637 <br />Commented [SM41]: This is the statute. <br />Commented [JB42]: Also stated in 82-86 <br />Commented [JB43]: Do we need this section? <br />Commented [JB44]: Comment intended: do we need to <br />restate state statute.
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