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#2286 Project Packet
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97-2286, SUBD
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#2286 Project Packet
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Minnesota Statutes Sec. 462.358 <br />Subd. 3b . Review procedures. The regulations shall include provisions regarding the <br />content of applications for proposed subdivisions, the preliminary and final review and ap- <br />proval or disapproval of applications. and the coordination of such reviews with affected <br />political s ubdivisions and stale agencies. The regulations may provide for the consolidation <br />of the preliminary and final review and approval or disapproval of subdivisions. Preliminary <br />or final approval may be granted or denied for parts of subdivision applications. The regula- <br />tion s may delegate the authority lo review proposals lo the planning commission, but final <br />approval or disapproval shall be the decision of the governing body of the municipality un- <br />less otherwise provided by law or charter. The regulation s shall require that a public hearing <br />shall be held on all subdivision applications prior lo preliminary approval. unless otherwise <br />provided by law or charter. The hearing shall be held following publication of notice of the <br />time and place thereof in the official newspaper at least ten days before the day of the hearing . <br />At the hearing. all persons interested shall be given an opportunity to make presentations . A <br />subdivision application shall be preliminarily approved or disapproved within l 20 davs fol- <br />lowing delivery of an application completed in compliance with the municipal ordina~ce by <br />the applicant to the municipality. unle ss an extension of the review period has been agreed to <br />by the applicant. When a division or subdivision to which the regulations of the municipalit y <br />do not apply is pre sented to the city. the cl e rk o r the municipalit y shall within ten day s certify <br />th at the subdivision regulations of th e muni cipa lity do no t apply to the particular division. <br />* * * <br />Subd. 4b. Restrictions on filing and recording conveyances. In a municipality in <br />which subdivision regulations are in force and have been filed or recorded as provided in this <br />section, no conveyance of land to which the regulations are applicable shall be filed or re- <br />corded, if the land is described in the conveyance by metes and bounds or by reference to an <br />unapproved registered land survey made after April 2 l, 1961 or to an unapproved plat made <br />after such regulations become effective. fr he foregoing provision docs not apply to a convey- <br />ance if the land de sc ribed: <br />( l) was a separate parcel of record April l. 1945 or the date of adoption of subdivision <br />regulations under Laws 1945 , Chapter 287, whichever is the later, or of the adoption of subdi- <br />vision· regulations pursuant to a home rule chat1er, or <br />(2) was the subject of a wiitten agreement to convey entered into prior to such time, <br />(3) was a separate parcel of not less than 2-l/2 acres in area and l 50 feet in width on <br />January I, 1966, or <br />(4) was a separate parcel of not less than five acres in area and 300 feet in width on July <br />I, 1980, or <br />(5) is a single parcel of commercial or industrial land of not l~ss than five acres and hav- <br />ing a width of not less than 300 feet and its conveyance does not result in the division of the <br />parcel into two or more lots or parcels. any one of which is less than five acres in area or 300 <br />feet in width, or · <br />(6) is a single parcel of re si dential or agricultural land of not le ss than 20 acres and hav- <br />. ng a width of not les s than 500 feet and its conveyance doe s not re sult in the division of the <br />parcel into two or more lots or parcel s. any one of which is less than 20 acre s in area or 500 <br />feet in width. <br />In any case in which compliance with the foregoing rest1ictions will create an unnece s- <br />sary hardship and failure to comply does not interfere with the purpose of the subdivision <br />regulations, the platting authority may waive such compliance by adoption of a resolution to <br />that effect and the conveyance may then be filed or recorded. Any owner or agent of the own- <br />er of land who conveys a lot or parcel in violation of the provisions of this subdivision shall <br />forfeit and pay to the municipality a penalty of not less than $ I 00 for each lot or parcel so <br />conveyed. A municipality may enjoin such conveyance or may recover such penalty by a <br />civil action in any cou11 of competent jurisdiction.
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