3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to transportation; authorizing county review 1.3 of plats on real property that is bordering existing 1.4 or proposed county highways; authorizing dispute 1.5 resolution between city and county; amending Minnesota 1.6 Statutes 1998, sections 462.358, subdivision 3b; and 1.7 505.03, subdivision 2; Minnesota Statutes 1999 1.8 Supplement, section 505.08, subdivision 3. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 1998, section 462.358, 1.11 subdivision 3b, is amended to read: 1.12 Subd. 3b. [REVIEW PROCEDURES.] The regulations shall 1.13 include provisions regarding the content of applications for 1.14 proposed subdivisions, the preliminary and final review and 1.15 approval or disapproval of applications, and the coordination of 1.16 such reviews with affected political subdivisions and state 1.17 agencies. Subdivisions including lands abutting upon any 1.18 existing or proposed trunk highway, county road or highway, or 1.19 county state-aid highway shall also be subject to review. The 1.20 regulations may provide for the consolidation of the preliminary 1.21 and final review and approval or disapproval of subdivisions. 1.22 Preliminary or final approval may be granted or denied for parts 1.23 of subdivision applications. The regulations may delegate the 1.24 authority to review proposals to the planning commission, but 1.25 final approval or disapproval shall be the decision of the 1.26 governing body of the municipality unless otherwise provided by 1.27 law or charter. The regulations shall require that a public 2.1 hearing shall be held on all subdivision applications prior to 2.2 preliminary approval, unless otherwise provided by law or 2.3 charter. The hearing shall be held following publication of 2.4 notice of the time and place thereof in the official newspaper 2.5 at least ten days before the day of the hearing. At the 2.6 hearing, all persons interested shall be given an opportunity to 2.7 make presentations. A subdivision application shall be 2.8 preliminarily approved or disapproved within 120 days following 2.9 delivery of an application completed in compliance with the 2.10 municipal ordinance by the applicant to the municipality, unless 2.11 an extension of the review period has been agreed to by the 2.12 applicant. When a division or subdivision to which the 2.13 regulations of the municipality do not apply is presented to the 2.14 city, the clerk of the municipality shall within ten days 2.15 certify that the subdivision regulations of the municipality do 2.16 not apply to the particular division. 2.17 If the municipality or the responsible agency of the 2.18 municipality fails to preliminarily approve or disapprove an 2.19 application within the review period, the application shall be 2.20 deemed preliminarily approved, and upon demand the municipality 2.21 shall execute a certificate to that effect. Following 2.22 preliminary approval the applicant may request final approval by 2.23 the municipality, and upon such request the municipality shall 2.24 certify final approval within 60 days if the applicant has 2.25 complied with all conditions and requirements of applicable 2.26 regulations and all conditions and requirements upon which the 2.27 preliminary approval is expressly conditioned either through 2.28 performance or the execution of appropriate agreements assuring 2.29 performance. If the municipality fails to certify final approval 2.30 as so required, and if the applicant has complied with all 2.31 conditions and requirements, the application shall be deemed 2.32 finally approved, and upon demand the municipality shall execute 2.33 a certificate to that effect. After final approval a 2.34 subdivision may be filed or recorded. 2.35 Sec. 2. Minnesota Statutes 1998, section 505.03, 2.36 subdivision 2, is amended to read: 3.1 Subd. 2. [
PRELIMINARYPLAT APPROVAL; ROAD REVIEW.] (a) Any 3.2 proposed preliminary plat in a city, town, or county, which 3.3 includes lands abutting upon any existing or established trunk 3.4 highway or proposed highway which has been designated by a 3.5 centerline order filed in the office of the county recorder 3.6 shall first be presented by the city, town, or county to the 3.7 commissioner of transportation for written comments and 3.8 recommendations. Where any preliminary plat includes land3.9 abutting upon an existing or established county or county state3.10 aid highway, it shall first be submitted to the county engineer3.11 for written comments and recommendations.Preliminary plats in 3.12 a city or town involving both a trunk highway and a highway 3.13 under county jurisdiction shall be submitted by the city or town 3.14 to the county highway engineer as provided in paragraphs (b) and 3.15 (c) and to the commissioner of transportation and the county3.16 highway engineer. Plats shall be submitted by the city, town, 3.17 or county to the commissioner of transportation for review at 3.18 least 30 days prior to the home rule charter or statutory city, 3.19 town or county taking final action on the preliminary plat. The 3.20 commissioner of transportation and/or the county highway3.21 engineershall submit the written comments and recommendations 3.22 to the city, town, or county within 30 days after receipt 3.23 by themthe commissioner of such a plat. Final action on such 3.24 plat by the city, town, or county shall not be taken until after 3.25 these required comments and recommendations have been received 3.26 or until the 30-day period has elapsed. 3.27 (b) Any proposed preliminary plat or initial plat filing 3.28 that includes land located in a city or town bordering an 3.29 existing or proposed county road, highway, or county state-aid 3.30 highway that is designated on a map or county highway plan filed 3.31 in the office of the county recorder or registrar of titles, 3.32 must be submitted by the city or town to the county engineer 3.33 within five business days after receipt by the city or town of 3.34 the preliminary plat or initial plat filing for written comments 3.35 and recommendations. The county engineer's review shall be 3.36 limited to factors of county significance in conformance with 4.1 adopted county guidelines developed through a public hearing or 4.2 a comprehensive planning process with comment by the cities and 4.3 towns. The guidelines must provide for development and 4.4 redevelopment scenarios, allow for variances, and reflect 4.5 consideration of city or town adopted guidelines. 4.6 (c) Within 30 days after county receipt from the city or 4.7 town of the preliminary plat or initial plat filing, the county 4.8 engineer shall provide to the city or town written comments 4.9 stating whether the plat meets county guidelines and describing 4.10 any modifications necessary to bring the plat into conformity 4.11 with the county guidelines. No city or town may approve a 4.12 preliminary plat until it has received the county engineer's 4.13 written comments and recommendations or until the county 4.14 engineer's comment period has expired, whichever occurs first. 4.15 Within ten business days following a city's or town's approval 4.16 of a preliminary plat, the city or town shall submit to the 4.17 county board notice of its approval, along with a statement 4.18 addressing the disposition of any written comments or 4.19 recommendations made by the county engineer. In the event the 4.20 city or town does not amend the plat to conform to the 4.21 recommendations made by the county engineer, representatives 4.22 from the county and city or town shall meet to discuss the 4.23 differences and determine whether changes to the plat are 4.24 appropriate prior to final approval. This requirement shall not 4.25 extend the time deadlines for preliminary or final approval as 4.26 required under this section, section 15.99 or 462.358, or any 4.27 other law, nor shall this requirement prohibit final approval as 4.28 required by this section. 4.29 (d) A legible preliminary drawing or print of a proposed 4.30 preliminary plat shall be acceptable for purposes of review by 4.31 the commissioner of transportation or the county highway 4.32 engineer. To such drawing or print there shall be attached a 4.33 written statement describing; (1) the outlet for and means of 4.34 disposal of surface waters from the proposed platted area, (2) 4.35 the land use designation or zoning category of the proposed 4.36 platted area, (3) the locations of ingress and egress to the 5.1 proposed platted area, and (4) a preliminary site plan for the 5.2 proposed platted area, if one has been preparedwith dimensions 5.3 to scale, authenticated by a registered engineer or land 5.4 surveyor, showing the existing or proposed state highway, county 5.5 road, or county highway and all existing and proposed 5.6 rights-of-way, easements, general lot layouts, and lot 5.7 dimensions. Failure to obtain the written comments and 5.8 recommendations of the commissioner of transportation or the 5.9 county highway engineer shall in no manner affect the title to 5.10 the lands included in the plat or the platting of said lands. A5.11 certificate or other evidence shall be required to or upon the5.12 plat for filing in the office of the county recorder or5.13 registrar of titles as to the submission of or the obtaining of5.14 such written comments and recommendations. The home rule5.15 charter or statutory city, town or county shall provide the5.16 certificate or other evidence to the county recorder or5.17 registrar of titles.A city, town, or county shall file with 5.18 the plat, in the office of the county recorder or registrar of 5.19 titles, a certificate or other evidence showing submission of 5.20 the preliminary plat to the commissioner or county highway 5.21 engineer in compliance with this subdivision. 5.22 Sec. 3. Minnesota Statutes 1999 Supplement, section 5.23 505.08, subdivision 3, is amended to read: 5.24 Subd. 3. [PREMATURE REFERENCE TO PLAT; FORFEITURE.] Any 5.25 person who shall dispose of ,or lease , or offer to sellany land 5.26 included in a plat by reference to the plat before the same is 5.27 recorded, shall forfeit to the county $100 for each lot, or part 5.28 of a lot, so disposed of ,or leased , or offered; and any 5.29 official, land surveyor, or person whose duty it is to comply 5.30 with any of the provisions of this chapter, shall forfeit not 5.31 less than $100 for each month during which compliance is 5.32 delayed. All forfeitures under this chapter shall be recovered 5.33 in an action brought in the name of the county. Notwithstanding 5.34 any provisions of this subdivision to the contrary, this 5.35 subdivision shall not apply to an offer to sell or lease a unit 5.36 in a proposed common interest community as defined in chapter 6.1 515B.