PCAgenda_95Jun26 - Laserfiche WebLink

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A. General Matters. 1. The cit must either a • y pprove or disapprove a plat within 120 days after receiving a complete application, unless the applicant agrees to an extension. If this deadline is not met, the plat is deemed preliminarily approved.as 2. The city cannot require significant changes to a plat after preliminary approval. The applicant has the right to final approval within 60 days after preliminary approval if the applicant has complied with all conditions attached to the preliminary approval, either through performance or an agreement assuring performance.a' 3. For one year after preliminary approval and two years after final approval, no change in city regulations can affect a subdivision.48 4. Variances may be granted to the subdivision requirements based on the standards contained in the ordinance. These can be different standards from those used for zoning variances.49 5. Denial of a plat which meets all of the subdivision requirements is arbitary and will be overturned.so 6. The developer cannot challenge the conditions attached to a plat after • the plat has been recorded.51 B. Dedications and Exactions. 1. State law allows the city to require a "reasonable portion" of a subdivision for public streets, utilities, stormwater drainage and holding ponds. In addition, the city can require either a "reasonable portion" of the subdivision or the cash equivalent for parks, trails, wetlands, or open space.s2 2. Dedications of land are upheld if there is a reasonable relationship between the subdivision and the city's need for the land. The city must show the land is needed to meet a demand which it would not otherwise experience without the influx of people coming to this subdivision or a group of subdivisions,sa 3. A flat 10% requirement has also been upheld as long as landowners can challenge the percentage requirement on a case by case basis. 8 •