SF 702

1st 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, and by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 462.358, 
  1.10  subdivision 3b, is amended to read: 
  1.11     Subd. 3b.  [REVIEW PROCEDURES.] The regulations shall 
  1.12  include provisions regarding the content of applications for 
  1.13  proposed subdivisions, the preliminary and final review and 
  1.14  approval or disapproval of applications, and the coordination of 
  1.15  such reviews with affected political subdivisions and state 
  1.16  agencies.  Subdivisions including lands abutting upon any 
  1.17  existing or proposed trunk highway, county road or highway, or 
  1.18  county state-aid highway shall also be subject to the review and 
  1.19  dispute resolution provisions of section 505.03.  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 
  2.1   law or charter.  The regulations shall require that a public 
  2.2   hearing shall be held on all subdivision applications prior to 
  2.3   preliminary approval, unless otherwise provided by law or 
  2.4   charter.  The hearing shall be held following publication of 
  2.5   notice of the time and place thereof in the official newspaper 
  2.6   at least ten days before the day of the hearing.  At the 
  2.7   hearing, all persons interested shall be given an opportunity to 
  2.8   make presentations.  A subdivision application shall be 
  2.9   preliminarily approved or disapproved within 120 days following 
  2.10  delivery of an application completed in compliance with the 
  2.11  municipal ordinance by the applicant to the municipality, unless 
  2.12  an extension of the review period has been agreed to by the 
  2.13  applicant.  When a division or subdivision to which the 
  2.14  regulations of the municipality do not apply is presented to the 
  2.15  city, the clerk of the municipality shall within ten days 
  2.16  certify that the subdivision regulations of the municipality do 
  2.17  not apply to the particular division. 
  2.18     If the municipality or the responsible agency of the 
  2.19  municipality fails to preliminarily approve or disapprove an 
  2.20  application within the review period, the application shall be 
  2.21  deemed preliminarily approved, and upon demand the municipality 
  2.22  shall execute a certificate to that effect.  Following 
  2.23  preliminary approval the applicant may request final approval by 
  2.24  the municipality, and upon such request the municipality shall 
  2.25  certify final approval within 60 days if the applicant has 
  2.26  complied with all conditions and requirements of applicable 
  2.27  regulations and all conditions and requirements upon which the 
  2.28  preliminary approval is expressly conditioned either through 
  2.29  performance or the execution of appropriate agreements assuring 
  2.30  performance. If the municipality fails to certify final approval 
  2.31  as so required, and if the applicant has complied with all 
  2.32  conditions and requirements, the application shall be deemed 
  2.33  finally approved, and upon demand the municipality shall execute 
  2.34  a certificate to that effect.  After final approval a 
  2.35  subdivision may be filed or recorded. 
  2.36     Sec. 2.  Minnesota Statutes 1998, section 505.03, 
  3.1   subdivision 2, is amended to read: 
  3.2      Subd. 2.  [PRELIMINARY PLAT APPROVAL; ROAD REVIEW.] (a) Any 
  3.3   proposed preliminary plat which includes lands abutting upon any 
  3.4   existing or established trunk highway or proposed highway which 
  3.5   has been designated by a centerline order filed in the office of 
  3.6   the county recorder shall first be presented to the commissioner 
  3.7   of transportation for written comments and 
  3.8   recommendations.  Where any preliminary plat includes land 
  3.9   abutting upon an existing or established county or county state 
  3.10  aid highway, it shall first be submitted to the county engineer 
  3.11  for written comments and recommendations.  Preliminary plats in 
  3.12  a city involving both a trunk highway and a highway under county 
  3.13  jurisdiction shall be submitted by the city to the county 
  3.14  highway engineer as provided in paragraph (b) and to the 
  3.15  commissioner of transportation and the county highway engineer.  
  3.16  Plats shall be submitted to the commissioner of transportation 
  3.17  for review at least 30 days prior to the home rule charter or 
  3.18  statutory city, town or county taking final action on the 
  3.19  preliminary plat.  The commissioner of transportation and/or the 
  3.20  county highway engineer shall submit the written comments and 
  3.21  recommendations to the city, town, or county within 30 days 
  3.22  after receipt by them the commissioner of such a plat.  Final 
  3.23  action on such plat by the city, town, or county shall not be 
  3.24  taken until after these required comments and recommendations 
  3.25  have been received or until the 30 day period has elapsed.  
  3.26     (b) Any proposed preliminary plat or initial plat filing 
  3.27  that includes land located in a city bordering an existing or 
  3.28  proposed county road, highway, or county state-aid highway that 
  3.29  is designated on a map or county highway plan filed in the 
  3.30  office of the county recorder or registrar of titles, must be 
  3.31  submitted by the city to the county engineer within five 
  3.32  business days for written comments and recommendations.  The 
  3.33  county engineer's review shall be limited to the following 
  3.34  factors of county significance in conformance with adopted 
  3.35  county guidelines developed through a public hearing process 
  3.36  with comment by the cities: 
  4.1      (1) ingress and egress to and from county roads and 
  4.2   highways; 
  4.3      (2) approach grade intersection with county roads and 
  4.4   highways; 
  4.5      (3) stormwater drainage; 
  4.6      (4) safety standards; and 
  4.7      (5) right-of-way requirements. 
  4.8      After reviewing the preliminary plat or initial plat 
  4.9   filing, the county engineer shall provide to the city, within 30 
  4.10  days, written comments stating whether the plat meets county 
  4.11  guidelines relating to clauses (1) to (5) and describing any 
  4.12  modifications necessary to bring the plat into conformity.  No 
  4.13  city may approve a preliminary plat until it has received the 
  4.14  county engineer's written comments and recommendations or until 
  4.15  the county engineer's comment period has expired, whichever 
  4.16  occurs first.  Within ten business days following a city's 
  4.17  approval of a preliminary plat, the city shall submit to the 
  4.18  county board notice of its approval, along with a statement 
  4.19  addressing the disposition of any written comments or 
  4.20  recommendations made by the county engineer.  Within 15 days 
  4.21  following receipt of this notice and statement, a county may, by 
  4.22  resolution of its board, request the commissioner of 
  4.23  transportation to appoint a dispute resolution board as provided 
  4.24  in subdivision 2a and submit to the city notice of intent to 
  4.25  enter dispute resolution.  No city may grant final approval of a 
  4.26  plat until expiration of the notice period, or until the plat 
  4.27  conforms with a decision of a dispute resolution board.  The 
  4.28  dispute resolution process grants additional time to the 120-day 
  4.29  review period provided for in section 462.358 and the 60-day 
  4.30  review process provided for in section 15.99. 
  4.31     (c) A legible preliminary drawing or print of a proposed 
  4.32  preliminary plat shall be acceptable for purposes of review by 
  4.33  the commissioner of transportation or the county highway 
  4.34  engineer.  To such drawing or print there shall be attached a 
  4.35  written statement describing; (1) the outlet for and means of 
  4.36  disposal of surface waters from the proposed platted area, (2) 
  5.1   the land use designation or zoning category of the proposed 
  5.2   platted area, (3) the locations of ingress and egress to the 
  5.3   proposed platted area, and (4) a preliminary site plan for the 
  5.4   proposed platted area, if one has been prepared with dimensions 
  5.5   to scale, authenticated by a registered engineer or land 
  5.6   surveyor, showing the existing or proposed state highway, county 
  5.7   road, or county highway and all existing and proposed 
  5.8   rights-of-way, easements, general lot layouts, and lot 
  5.9   dimensions.  Failure to obtain the written comments and 
  5.10  recommendations of the commissioner of transportation or the 
  5.11  county highway engineer shall in no manner affect the title to 
  5.12  the lands included in the plat or the platting of said lands.  A 
  5.13  certificate or other evidence shall be required to or upon the 
  5.14  plat for filing in the office of the county recorder or 
  5.15  registrar of titles as to the submission of or the obtaining of 
  5.16  such written comments and recommendations.  The home rule 
  5.17  charter or statutory city, town or county shall provide the 
  5.18  certificate or other evidence to the county recorder or 
  5.19  registrar of titles.  A city or county shall file with the plat, 
  5.20  in the office of the county recorder or registrar of titles, a 
  5.21  certificate or other evidence showing submission of the 
  5.22  preliminary plat to the commissioner or county highway engineer 
  5.23  in compliance with this subdivision. 
  5.24     Sec. 3.  Minnesota Statutes 1998, section 505.03, is 
  5.25  amended by adding a subdivision to read: 
  5.26     Subd. 2a.  [DISPUTE RESOLUTION.] Upon receipt from a county 
  5.27  of a request to appoint a dispute resolution board, the 
  5.28  commissioner of transportation shall appoint a five-member board 
  5.29  consisting of one county commissioner, one county engineer, one 
  5.30  city council member or city mayor, one city engineer, and one 
  5.31  representative of the department of transportation.  Within 30 
  5.32  days of receipt by the commissioner of the request, the board 
  5.33  shall notify the city and county of its approval, disapproval, 
  5.34  or approval with modifications of the proposed preliminary plat, 
  5.35  with respect to the factors listed in subdivision 2, paragraph 
  5.36  (b), clauses (1) to (5).  The decision of the board is final, 
  6.1   and a city may not grant final approval of the plat unless the 
  6.2   approval is consistent with the decision of the board.