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CHAPTER 15 • Final plat The planning agency should review the final proposed plat to determine its conformance with the approved preliminary plat. Following a public hearing, the council should review the entire project, including plans and specifications. The city may require a contract with the subdivider to ensure compliance with all necessary arrangements. The council should accept the final plat by resolution, and file it with the county recorder or registrar of titles. The city must file resolutions approving plats that border another city with the governing body of the other city. Minn.Stat.§462.358,sued.3b. A subdivision application must receive preliminary approval or disapproval within 120 days of its delivery,unless the applicant agrees to an extension. If no action is taken,the application will be deemed approved after this time period. P7Z,LCC v.Chisago County A county board of commissioners could not deny a developer's application Bd.ofComm'rs,656 N.W.2d for preliminary plat approval based on the comprehensive plan as the plan 567(Minn.2003). served only as advisory guide for future development. Semler Constr.,Inc.v.City of After a plat is preliminarily approved,the city cannot require any further Hanover,667 N.W.2d 457 significant changes. An interim ordinance or moratorium cannot prevent final (Minn.Ct.App.2003). approval of a subdivision application that has been given preliminary Minn Stat.§462.355.subd 4. approval. . Minn.Stat.§462 358,subd.3b. Upon receiving preliminary approval,the applicant may request final approval,which the city is required to certify within 60 days as long as the applicant has met all necessary requirements and complied with any conditions.An applicant may demand the execution of a certificate of final approval where the requirement and conditions have been satisfied. After final approval has been received, a subdivision may be filed or recorded. West Circle Properties LLC v. The county recorder may refuse to file the plat if it has not been approved by Hall,634 N.W.2d 238(Minn. the city council. Ct.App 2001). Minn.Stat.§462.358,subd.3c. After a subdivision has been approved, for one year after preliminary approval and two years after final approval, an amendment to the comprehensive plan or to the zoning ordinances will not apply to or affect the subdivision with regard to use,density,lot size, lot layout, or dedication or platting--unless the municipality and the subdivider agree otherwise. Minn.Stat.§462.358,subd.6. Variances to subdivision regulations may be allowed,but only on the grounds Nolan v.City ofEden Prairie, specifically identified in the subdivision regulations. 610 N.W.2d 697(Minn.Ct. App.2000). 15-30 HANDBOOK FOR MINNESOTA CITIES • This chapter last revised 12/15/2004