03-22-1995 Council Agenda - Laserfiche WebLink

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uPPIY. ag and (flood is and ith the re con.. rS magi ststeat xerva- pment BY sYs- x sub- mg��.¢x 135 'to tg per- at been Le con ilities maxi- in 'an tat the :cifica: :meats pmP, & , ations ms of tregts, ;areas posed or f :a) the &can ag the' xer fe need ultof g pm- isions all be t maY irdin eview, s with HOUSING, REDEVELOPMENT, PLANNING, ZONING 462358 affected political subdivisions and state agencies. The regulations may provide for the consolidation of the preliminary and final review and approval or disapproval of subdi- visions. Preliminary or final approval may be granted or denied for parts of subdivision applications. The regulations may delegate the authority to review proposals to the planning commission, but final approval or disapproval shall be the decision of the gov- erning body of the municipality unless otherwise provided by law or charter. The regu- lations shall require that a public hearing shall be held on all subdivision applications prior to preliminary approval, unless otherwise provided by law or charter. The hearing shall be held following publication of notice of the time and place thereof in the official newspaper at least ten days before the day of the hearing. At the hearing, all persons interested shall be given an opportunity to make presentations. A subdivision applica- tion shall be preliminarily approved or disapproved within 120 days following delivery of an application completed in compliance with the municipal ordinance by the appli- cant to the municipality, unless an extension of the review period has been agreed to by the applicant. When a division or subdivision to which the regulations of the munici- pality do not apply is presented to the city, the clerk of the municipality shall within ten days certify that the subdivision regulations of the municipality do not apply to the particular division. If the municipality or the responsible agency of the municipality fails to prelimi- narily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved, and upon demand the municipality shall exe- cute a certificate to that effect. Following preliminary approval the applicant may request final approval by the municipality, and upon such request the municipality shall certify final approval within 60 days if the applicant has complied with all condi- tions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval is expressly conditioned either through perfor- mance or the execution of appropriate agreements assuring performance. If the munici- pality fails to certify final approval as so required, and if the applicant has complied with all conditions and requirements, the application shall be deemed finally approved, and upon demand the municipality shall execute a certificate to that effect. After final approval a subdivision may be filed or recorded. Subd. 3c. Effect of subdivision approval. For one year following preliminary approval and for two years following final approval, unless the subdivider and the municipality agree otherwise, no amendment to a comprehensive plan or official con- trol shall apply to or affect the use, development density, lot size, lot layout, or dedica- tion or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the municipality may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a require- ment to submit a new application. In connection with a subdivision involving planned and staged development, a municipality may by resolution or agreement grant the rights referred to herein for such periods of time longer than two years which it deter- mines to be reasonable and appropriate. Subd. 4. [Repealed, 1982 c 415 s 31 Subd. 4a. Disclosure by seller, buyer's action for damages. A person conveying a new parcel of land which, or the plat for which, has not previously been filed or recorded, and which is part of or would constitute a subdivision to which adopted municipal subdivision regulations apply, shall attach to the instrument of conveyance either. (a) recordable certification by the clerk of the municipality that the subdivision regulations do not apply, or that the subdivision has been approved by the governing body, or that the restrictions on the division of taxes and filing and recording have been waived by resolution of the governing body of the municipality in this case because compliance will create an unnecessary hardship and failure to comply will not interfere with the purpose of the regulations; or (b) a statement which names and identifies the