Title 103 Oct 2023 - Laserfiche WebLink

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10/16/23, 10:03 AM Print Preview https://lakeelmo.municipalcodeonline.com/book/print?type=ordinances&name=TITLE_103_SUBDIVISION_REGULATIONS 10/33 (d)Review of minor subdivision. (1)Review by staff and other commissions or jurisdictions. The city shall refer copies of the preliminary plat to the city engineer, planner, attorney, the watershed district, and the appropriate county, state, or other public agencies for their review and comment. The city shall instruct the appropriate staff persons to prepare technical reports, where appropriate, and to provide general assistance in preparing a recommendation on the action to the planning commission and council. (2)Public hearing set. Upon receipt of a complete application, the city shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing, and report its findings and make a recommendation to council. Notice of said hearing shall consist of a legal property description and a description of the request, which shall be published in the official newspaper at least ten days prior to the hearing and written notification of said hearing shall be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question. Public hearings shall follow the hearing process outlined in LEC 105.12.250. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this title. (3)The planning commission shall make a finding of fact and recommend such actions or conditions relating to the request as it deems necessary to carry out the intent and purpose of this title. (4)The city council shall not approve a minor subdivision until it has received a report and recommendation from the planning commission and city staff, or until 60 days after the first regular planning commission meeting at which the request was considered. (5)Approval of a minor subdivision shall require passage of a resolution by a majority vote of a quorum of the city council. (6)Prior to certification by the city of the approval of the minor subdivision, the applicant shall submit the final plat for signature, supply the easement documents granting the city any easements required by the city using the city’s standard form of easement and pay any required recording or other fees. (7)Whenever an application for a minor subdivision has been considered and denied by the city council, a similar application for a minor subdivision affecting substantially the same property shall not be considered again by the planning commission or the city council for at least six months from the date of its denial unless a decision to reconsider such matter is made by a majority vote of the entire city council. (e)Recording of the minor subdivision. If the minor subdivision is approved by the council, the subdivider shall record it with the county recorder or registrar of titles within 180 days after the approval. If not recorded within 180 days, approval of the minor subdivision shall be considered void, unless a request for a time extension is submitted in writing and approved by the council. The subdivider shall, immediately upon recording, furnish the city with copies of the recorded documents which effectuate the minor subdivision. No building permits shall be issued for construction of any structure on any lot within the approved minor subdivision until the city has received evidence of the plat being recorded by the county. (f)Financial guarantee. Following the approval of a minor subdivision as required by this section and prior to the issuing of any building permits or the commencing of any work, the applicant may be required to submit a financial guarantee to the city to ensure the completion of any improvements as shown on the approved plans and as required as a condition of minor subdivision approval.