Ord #248 - 3rd Ser/Amending the code of Ordinances pertaining to subdivisions

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(c) Public hearing meeting notice. Notice of the hearing shall be consistent with public hearing requirements in the zoning ordinance, section 78-48. (d) Referral to park commission. Where the proposed plat includes provisions for the dedication of land for public park purposes,trails or jointly used recreational facilities,the City Administrator or designee shall refer the application to the park commission, which shall review the proposal and provide recommendations to the City Council. Sec. 82-114.-Planning commission review of the preliminary plat. (a) Generally. The planning commission shall study and review all preliminary plat applications. Particular attention will be given to the location,arrangement and size of lots and blocks;the location, width, length and continuity of streets; the topography and ecology of the land; sewage disposal; traffic; drainage; public services;the further development of adjoining lands as yet unsubdivided;the requirements of chapter 78 and Community Management Plan; and the recommendations of the city staff and other governmental agencies. (b) Planning commission public hearing.At the advertised time and place,the planning commission shall hold a public hearing as required by Minn. Stat. § 462.358. The recommendations of city staff and governmental agencies shall be entered in the record. At the discretion of the planning commission, the public hearing may be closed or may be held open for additional information. (c) Planning commission recommendations.After the planning commission has reviewed the preliminary plat and the testimony and exhibits submitted at the public hearing, including citizen comments and the recommendations of the city staff and other governmental agencies,the subdivider shall be advised of any required changes and/or additions. The planning commission shall recommend approval, conditionally approve or deny the preliminary plat. If the planning commission fails to act within the 100-day period,the City Administrator or designee shall refer the application to the council for action within 120 days of the date of certification. Sec.82-115.-Council review of the preliminary plat. (a) Required. The council shall review all preliminary plat applications.Particular attention will be given to the record developed by the planning commission's study of the proposal and to the recommendations of the planning commission and the city staff. (b) Council action. The council should approve,conditionally approve or disapprove the preliminary plat within 120 days following the date of certification by the City Administrator or designee of the completed application unless an extension of the review period has been agreed to by the subdivider in writing. (c) Recommendations to the subdivider. The action of the council shall be in the form of a resolution setting forth the conditions of approval, including any changes,additions and/or other requirements to be met by the subdivider prior to final plat approval. In addition to the specific conditions stated, the subdivider must fulfill all other requirements and performance standards of this Code. (d) Failure to act by the city. If the city or the responsible agency of the city fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved; and upon demand the city shall execute a certificate to that effect. Following preliminary approval the applicant may request final approval by the city, and upon such request the city shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring Final Draft page 15