HF 1913

2nd 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 review of proposed 
  1.3             preliminary plats abutting trunk highways or county 
  1.4             roads; amending Minnesota Statutes 2002, sections 
  1.5             462.352, by adding a subdivision; 462.358, subdivision 
  1.6             3b, by adding a subdivision; 505.03, subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 462.352, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 19.  [PLAT ROADWAY ELEMENTS.] "Plat roadway elements" 
  1.11  means the elements or portions of a plat relating to 
  1.12  right-of-way land dedicated to highway purposes, drainage, 
  1.13  highway access control, and congestion management and traffic 
  1.14  flow. 
  1.15     Sec. 2.  Minnesota Statutes 2002, section 462.358, 
  1.16  subdivision 3b, is amended to read: 
  1.17     Subd. 3b.  [REVIEW PROCEDURES.] The regulations shall 
  1.18  include provisions regarding the content of applications for 
  1.19  proposed subdivisions, the preliminary and final review and 
  1.20  approval or disapproval of applications, and the coordination of 
  1.21  such reviews with affected political subdivisions and state 
  1.22  agencies.  As provided in subdivision 3d, the regulations must 
  1.23  require an applicant to include in the application proof that 
  1.24  the proposed plat roadway elements were submitted to the county 
  1.25  engineer if the proposed subdivision abuts an existing or 
  1.26  proposed county highway, or to the commissioner of 
  2.1   transportation if the proposed subdivision abuts an existing or 
  2.2   proposed trunk highway.  Subdivisions including lands abutting 
  2.3   upon any existing or proposed trunk highway, county road or 
  2.4   highway, or county state-aid highway shall also be subject to 
  2.5   review.  The regulations may provide for the consolidation of 
  2.6   the preliminary and final review and approval or disapproval of 
  2.7   subdivisions.  Preliminary or final approval may be granted or 
  2.8   denied for parts of subdivision applications.  The regulations 
  2.9   may delegate the authority to review proposals to the planning 
  2.10  commission, but final approval or disapproval shall be the 
  2.11  decision of the governing body of the municipality unless 
  2.12  otherwise provided by law or charter.  The regulations shall 
  2.13  require that a public hearing shall be held on all subdivision 
  2.14  applications prior to preliminary approval, unless otherwise 
  2.15  provided by law or charter.  The hearing shall be held following 
  2.16  publication of notice of the time and place thereof in the 
  2.17  official newspaper at least ten days before the day of the 
  2.18  hearing.  At the hearing, all persons interested shall be given 
  2.19  an opportunity to make presentations.  The county engineer's or 
  2.20  commissioner of transportation's comments made as authorized by 
  2.21  section 505.03, subdivision 2, if any, must be entered on the 
  2.22  record at the public hearing and considered by the municipality. 
  2.23  A subdivision application shall be preliminarily approved or 
  2.24  disapproved within 120 days following delivery of an application 
  2.25  completed in compliance with the municipal ordinance by the 
  2.26  applicant to the municipality, unless an extension of the review 
  2.27  period has been agreed to by the applicant, provided that the 
  2.28  time for review includes the review required under subdivision 
  2.29  3d.  When a division or subdivision to which the regulations of 
  2.30  the municipality do not apply is presented to the city, the 
  2.31  clerk of the municipality shall within ten days certify that the 
  2.32  subdivision regulations of the municipality do not apply to the 
  2.33  particular division. 
  2.34     If the municipality or the responsible agency of the 
  2.35  municipality fails to preliminarily approve or disapprove an 
  2.36  application within the review period, the application shall be 
  3.1   deemed preliminarily approved, and upon demand the municipality 
  3.2   shall execute a certificate to that effect.  Following 
  3.3   preliminary approval the applicant may request final approval by 
  3.4   the municipality, and upon such request the municipality shall 
  3.5   certify final approval within 60 days if the applicant has 
  3.6   complied with all conditions and requirements of applicable 
  3.7   regulations and all conditions and requirements upon which the 
  3.8   preliminary approval is expressly conditioned either through 
  3.9   performance or the execution of appropriate agreements assuring 
  3.10  performance. If the municipality fails to certify final approval 
  3.11  as so required, and if the applicant has complied with all 
  3.12  conditions and requirements, the application shall be deemed 
  3.13  finally approved, and upon demand the municipality shall execute 
  3.14  a certificate to that effect.  After final approval a 
  3.15  subdivision may be filed or recorded. 
  3.16     Sec. 3.  Minnesota Statutes 2002, section 462.358, is 
  3.17  amended by adding a subdivision to read: 
  3.18     Subd. 3d.  [REVIEW OF PROPOSED PRELIMINARY PLATS ABUTTING 
  3.19  TRUNK HIGHWAYS OR COUNTY ROADS.] At least 30 days before filing 
  3.20  the subdivision application with the municipality, and without 
  3.21  extending the time for review under subdivision 3b, an applicant 
  3.22  must submit the proposed plat roadway elements to the county 
  3.23  engineer if the proposed preliminary plat abuts an existing or 
  3.24  proposed county road or to the commissioner of transportation if 
  3.25  the proposed preliminary plat abuts an existing or proposed 
  3.26  trunk highway.  The subdivision application to the municipality 
  3.27  must include proof that the proposed plat roadway elements were 
  3.28  submitted timely to the county engineer or commissioner of 
  3.29  transportation. 
  3.30     Sec. 4.  Minnesota Statutes 2002, section 505.03, 
  3.31  subdivision 2, is amended to read: 
  3.32     Subd. 2.  [PLAT APPROVAL; ROAD REVIEW.] (a) Any proposed 
  3.33  preliminary plat in a city, town, or county, which includes 
  3.34  lands abutting upon any existing or established trunk highway or 
  3.35  proposed highway which has been designated by a centerline order 
  3.36  filed in the office of the county recorder shall first be 
  4.1   presented by the city, town, or county to the commissioner of 
  4.2   transportation for written comments and recommendations.  
  4.3   Preliminary plats in a city or town involving both a trunk 
  4.4   highway and a highway under county jurisdiction shall be 
  4.5   submitted by the city or town to the county highway engineer as 
  4.6   provided in paragraphs (b) and (c) and to the commissioner of 
  4.7   transportation.  Plats shall be submitted by the city, town, or 
  4.8   county to the commissioner of transportation for review at least 
  4.9   30 14 days prior to the home rule charter or statutory city, 
  4.10  town or county taking final action public hearing on the 
  4.11  preliminary plat under section 462.358, subdivision 3b.  The 
  4.12  commissioner of transportation shall submit the written comments 
  4.13  and recommendations to the city, town, or county within 30 14 
  4.14  days after receipt by the commissioner of such a plat.  Final 
  4.15  action on such plat by the city, town, or county shall not be 
  4.16  taken until after these required comments and recommendations 
  4.17  have been received or until the 30-day 14-day period has elapsed.
  4.18     (b) Any proposed preliminary plat or initial plat filing 
  4.19  that includes land located in a city or town bordering an 
  4.20  existing or proposed county road, highway, or county state-aid 
  4.21  highway that is designated on a map or county highway plan filed 
  4.22  in the office of the county recorder or registrar of titles, 
  4.23  must be submitted by the city or town to the county engineer 
  4.24  within five business days after receipt by the city or town of 
  4.25  the preliminary plat or initial plat filing for written comments 
  4.26  and recommendations.  The county engineer's review shall be 
  4.27  limited to factors of county significance in conformance with 
  4.28  adopted county guidelines developed through a public hearing or 
  4.29  a comprehensive planning process with comment by the cities and 
  4.30  towns.  The guidelines must provide for development and 
  4.31  redevelopment scenarios, allow for variances, and reflect 
  4.32  consideration of city or town adopted guidelines.  
  4.33     (c) Within 30 14 days after county receipt from the city or 
  4.34  town of the preliminary plat or initial plat filing, the county 
  4.35  engineer shall provide to the city or town written comments 
  4.36  stating whether the plat meets county guidelines and describing 
  5.1   any modifications necessary to bring the plat into conformity 
  5.2   with the county guidelines.  No city or town may approve a 
  5.3   preliminary plat until it has received the county engineer's 
  5.4   written comments and recommendations or until the county 
  5.5   engineer's comment period has expired, whichever occurs first.  
  5.6   Within ten business days following a city's or town's approval 
  5.7   of a preliminary plat, the city or town shall submit to the 
  5.8   county board notice of its approval, along with a statement 
  5.9   addressing the disposition of any written comments or 
  5.10  recommendations made by the county engineer.  In the event the 
  5.11  city or town does not amend the plat to conform to the 
  5.12  recommendations made by the county engineer, representatives 
  5.13  from the county and city or town shall meet to discuss the 
  5.14  differences and determine whether changes to the plat are 
  5.15  appropriate prior to final approval.  This requirement shall not 
  5.16  extend the time deadlines for preliminary or final approval as 
  5.17  required under this section, section 15.99 or 462.358, or any 
  5.18  other law, nor shall this requirement prohibit final approval as 
  5.19  required by this section. 
  5.20     (d) A legible preliminary drawing or print of a proposed 
  5.21  preliminary plat shall be acceptable for purposes of review by 
  5.22  the commissioner of transportation or the county highway 
  5.23  engineer.  To such drawing or print there shall be attached a 
  5.24  written statement describing; (1) the outlet for and means of 
  5.25  disposal of surface waters from the proposed platted area, (2) 
  5.26  the land use designation or zoning category of the proposed 
  5.27  platted area, (3) the locations of ingress and egress to the 
  5.28  proposed platted area, and (4) a preliminary site plan for the 
  5.29  proposed platted area, with dimensions to scale, authenticated 
  5.30  by a registered engineer or land surveyor, showing the existing 
  5.31  or proposed state highway, county road, or county highway and 
  5.32  all existing and proposed rights-of-way, easements, general lot 
  5.33  layouts, and lot dimensions.  Failure to obtain the written 
  5.34  comments and recommendations of the commissioner of 
  5.35  transportation or the county highway engineer shall in no manner 
  5.36  affect the title to the lands included in the plat or the 
  6.1   platting of said lands.  A city, town, or county shall file with 
  6.2   the plat, in the office of the county recorder or registrar of 
  6.3   titles, a certificate or other evidence showing submission of 
  6.4   the preliminary plat to the commissioner or county highway 
  6.5   engineer in compliance with this subdivision.