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462.358 MINNESOTA STATUTES 2020 4 <br />agreed to by the applicant. When a division or subdivision to which the regulations of the municipality do <br />not apply is presented to the city, the clerk of the municipality shall within ten days certify that the subdivision <br />regulations of the municipality do not apply to the particular division. <br />If the municipality or the responsible agency of the municipality fails to preliminarily approve or <br />disapprove an application within the review period, the application shall be deemed preliminarily approved, <br />and upon demand the municipality shall execute a certificate to that effect. Following preliminary approval <br />the applicant may request final approval by the municipality, and upon such request the municipality shall <br />certify final approval within 60 days if the applicant has complied with all conditions and requirements of <br />applicable regulations and all conditions and requirements upon which the preliminary approval is expressly <br />conditioned either through performance or the execution of appropriate agreements assuring performance. <br />If the municipality fails to certify final approval as so required, and if the applicant has complied with all <br />conditions and requirements, the application shall be deemed finally approved, and upon demand the <br />municipality shall execute a certificate to that effect. After final approval a subdivision may be filed or <br />recorded. <br />Subd. 3c. Effect of subdivision approval. For one year following preliminary approval and for two <br />years following final approval, unless the subdivider and the municipality agree otherwise, no amendment <br />to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot <br />layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to <br />its regulations, the municipality may extend the period by agreement with the subdivider and subject to all <br />applicable performance conditions and requirements, or it may require submission of a new application <br />unless substantial physical activity and investment has occurred in reasonable reliance on the approved <br />application and the subdivider will suffer substantial financial damage as a consequence of a requirement <br />to submit a new application. In connection with a subdivision involving planned and staged development, <br />a municipality may by resolution or agreement grant the rights referred to herein for such periods of time <br />longer than two years which it determines to be reasonable and appropriate. <br />Subd. 4. [Repealed, 1982 c 415 s 3] <br />Subd. 4a. Disclosure by seller; buyer's action for damages. A person conveying a new parcel of land <br />which, or the plat for which, has not previously been filed or recorded, and which is part of or would constitute <br />a subdivision to which adopted municipal subdivision regulations apply, shall attach to the instrument of <br />conveyance either: (a) recordable certification by the clerk of the municipality that the subdivision regulations <br />do not apply, or that the subdivision has been approved by the governing body, or that the restrictions on <br />the division of taxes and filing and recording have been waived by resolution of the governing body of the <br />municipality in this case because compliance will create an unnecessary hardship and failure to comply will <br />not interfere with the purpose of the regulations; or (b) a statement which names and identifies the location <br />of the appropriate municipal offices and advises the grantee that municipal subdivision and zoning regulations <br />may restrict the use or restrict or prohibit the development of the parcel, or construction on it, and that the <br />division of taxes and the filing or recording of the conveyance may be prohibited without prior recordable <br />certification of approval, nonapplicability, or waiver from the municipality. In any action commenced by a <br />buyer of such a parcel against the seller thereof, the misrepresentation of or the failure to disclose material <br />facts in accordance with this subdivision shall be grounds for damages. If the buyer establishes a right to <br />damages, a district court hearing the matter may in its discretion also award to the buyer an amount sufficient <br />to pay all or any part of the costs incurred in maintaining the action, including reasonable attorney fees, and <br />an amount for punitive damages not exceeding five per centum of the purchase price of the land. <br />Subd. 4b. Restrictions on filing and recording conveyances. (a) In a municipality in which subdivision <br />regulations are in force and have been filed or recorded as provided in this section, no conveyance of land <br />Official Publication of the State of Minnesota <br />Revisor of Statutes <br />