HF 1913

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to highways; providing for county board 
  1.3             approval of certain preliminary plats and initial plat 
  1.4             filings; amending Minnesota Statutes 2002, section 
  1.5             505.03, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 505.03, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [PLAT APPROVAL; ROAD REVIEW.] (a) Any proposed 
  1.10  preliminary plat in a city, town, or county, which includes 
  1.11  lands abutting upon any existing or established trunk highway or 
  1.12  proposed highway which has been designated by a centerline order 
  1.13  filed in the office of the county recorder shall first be 
  1.14  presented by the city, town, or county to the commissioner of 
  1.15  transportation for written comments and recommendations.  
  1.16  Preliminary plats in a city or town involving both a trunk 
  1.17  highway and a highway under county jurisdiction shall be 
  1.18  submitted by the city or town to the county highway engineer as 
  1.19  provided in paragraphs (b) and, (c), and (d) and to the 
  1.20  commissioner of transportation.  Plats shall be submitted by the 
  1.21  city, town, or county to the commissioner of transportation for 
  1.22  review at least 30 days prior to the home rule charter or 
  1.23  statutory city, town or county taking final action on the 
  1.24  preliminary plat.  The commissioner of transportation shall 
  1.25  submit the written comments and recommendations to the city, 
  2.1   town, or county within 30 days after receipt by the commissioner 
  2.2   of such a plat.  Final action on such plat by the city, town, or 
  2.3   county shall not be taken until after these required comments 
  2.4   and recommendations have been received or until the 30-day 
  2.5   period has elapsed.  
  2.6      (b) Any proposed preliminary plat or initial plat filing 
  2.7   that includes land located in a city or town bordering an 
  2.8   existing or proposed county road, highway, or county state-aid 
  2.9   highway that is designated on a map or county highway plan filed 
  2.10  in the office of the county recorder or registrar of titles, 
  2.11  must be submitted by the city or town to the county engineer 
  2.12  within five business days after receipt by the city or town of 
  2.13  the preliminary plat or initial plat filing for written comments 
  2.14  and recommendations.  The county engineer's review shall be 
  2.15  limited to factors of county significance in conformance with 
  2.16  adopted county guidelines developed through a public hearing or 
  2.17  a comprehensive planning process with comment by the cities and 
  2.18  towns.  The guidelines must provide for development and 
  2.19  redevelopment scenarios, allow for variances, and reflect 
  2.20  consideration of city or town adopted guidelines.  This 
  2.21  paragraph does not apply to a proposed preliminary plat or 
  2.22  initial plat filing that borders a county state-aid highway in a 
  2.23  county that has adopted an ordinance as provided in paragraph 
  2.24  (d). 
  2.25     (c) Within 30 days after county receipt from the city or 
  2.26  town of the preliminary plat or initial plat filing, the county 
  2.27  engineer shall provide to the city or town written comments 
  2.28  stating whether the plat meets county guidelines and describing 
  2.29  any modifications necessary to bring the plat into conformity 
  2.30  with the county guidelines.  No city or town may approve a 
  2.31  preliminary plat until it has received the county engineer's 
  2.32  written comments and recommendations or until the county 
  2.33  engineer's comment period has expired, whichever occurs first.  
  2.34  Within ten business days following a city's or town's approval 
  2.35  of a preliminary plat, the city or town shall submit to the 
  2.36  county board notice of its approval, along with a statement 
  3.1   addressing the disposition of any written comments or 
  3.2   recommendations made by the county engineer.  In the event the 
  3.3   city or town does not amend the plat to conform to the 
  3.4   recommendations made by the county engineer, representatives 
  3.5   from the county and city or town shall meet to discuss the 
  3.6   differences and determine whether changes to the plat are 
  3.7   appropriate prior to final approval.  This requirement shall not 
  3.8   extend the time deadlines for preliminary or final approval as 
  3.9   required under this section, section 15.99 or 462.358, or any 
  3.10  other law, nor shall this requirement prohibit final approval as 
  3.11  required by this section.  This paragraph does not apply to a 
  3.12  proposed preliminary plat or initial plat filing that borders a 
  3.13  county state-aid highway in a county that has adopted an 
  3.14  ordinance as provided in paragraph (d). 
  3.15     (d) A county that has adopted a long-term comprehensive 
  3.16  transportation plan that includes detailed mapping may by 
  3.17  ordinance authorize its county engineer to review and approve 
  3.18  any proposed preliminary plat or initial plat filing that 
  3.19  includes land that is located in a city or town and that borders 
  3.20  an existing or proposed county state-aid highway.  A city or 
  3.21  town proposing such a plat or filing in a county that has 
  3.22  adopted such an ordinance must submit the proposed plat or 
  3.23  filing to the county engineer.  Upon receipt of such a notice 
  3.24  the county engineer shall review the plat or filing for (1) 
  3.25  conformity to the county's long-term comprehensive 
  3.26  transportation plan, (2) the amount of right-of-way in the 
  3.27  platted land dedicated to highway purposes, (3) adequacy of 
  3.28  drainage provisions, (4) adequacy of control access to the 
  3.29  highway, and (5) congestion management and traffic flow issues.  
  3.30  Within 30 days of receipt the county engineer shall notify the 
  3.31  city or town of approval or disapproval of the preliminary plat 
  3.32  or filing.  Failure by the county engineer to act within the 
  3.33  30-day period constitutes approval.  A city or town subject to 
  3.34  this paragraph may not approve a preliminary plat unless it has 
  3.35  previously been approved by the county engineer. 
  3.36     (e) A legible preliminary drawing or print of a proposed 
  4.1   preliminary plat shall be acceptable for purposes of review by 
  4.2   the commissioner of transportation or the county highway 
  4.3   engineer.  To such drawing or print there shall be attached a 
  4.4   written statement describing; (1) the outlet for and means of 
  4.5   disposal of surface waters from the proposed platted area, (2) 
  4.6   the land use designation or zoning category of the proposed 
  4.7   platted area, (3) the locations of ingress and egress to the 
  4.8   proposed platted area, and (4) a preliminary site plan for the 
  4.9   proposed platted area, with dimensions to scale, authenticated 
  4.10  by a registered engineer or land surveyor, showing the existing 
  4.11  or proposed state highway, county road, or county highway and 
  4.12  all existing and proposed rights-of-way, easements, general lot 
  4.13  layouts, and lot dimensions.  Failure to obtain the written 
  4.14  comments and recommendations of the commissioner of 
  4.15  transportation or the county highway engineer, or approval of 
  4.16  the county engineer where required, shall in no manner affect 
  4.17  the title to the lands included in the plat or the platting of 
  4.18  said lands.  A city, town, or county shall file with the plat, 
  4.19  in the office of the county recorder or registrar of titles, a 
  4.20  certificate or other evidence showing submission of the 
  4.21  preliminary plat to the commissioner or county highway engineer 
  4.22  in compliance with this subdivision.