Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 497-S.F.No. 702 
                  An act relating to transportation; authorizing county 
                  review of plats on real property that is bordering 
                  existing or proposed county highways; authorizing 
                  dispute resolution between city and county; amending 
                  Minnesota Statutes 1998, sections 462.358, subdivision 
                  3b; and 505.03, subdivision 2; Minnesota Statutes 1999 
                  Supplement, section 505.08, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 462.358, 
        subdivision 3b, is amended to read: 
           Subd. 3b.  [REVIEW PROCEDURES.] The regulations shall 
        include provisions regarding the content of applications for 
        proposed subdivisions, the preliminary and final review and 
        approval or disapproval of applications, and the coordination of 
        such reviews with affected political subdivisions and state 
        agencies.  Subdivisions including lands abutting upon any 
        existing or proposed trunk highway, county road or highway, or 
        county state-aid highway shall also be subject to review.  The 
        regulations may provide for the consolidation of the preliminary 
        and final review and approval or disapproval of subdivisions.  
        Preliminary or final approval may be granted or denied for parts 
        of subdivision applications.  The regulations may delegate the 
        authority to review proposals to the planning commission, but 
        final approval or disapproval shall be the decision of the 
        governing body of the municipality unless otherwise provided by 
        law or charter.  The regulations shall require that a public 
        hearing shall be held on all subdivision applications prior to 
        preliminary approval, unless otherwise provided by law or 
        charter.  The hearing shall be held following publication of 
        notice of the time and place thereof in the official newspaper 
        at least ten days before the day of the hearing.  At the 
        hearing, all persons interested shall be given an opportunity to 
        make presentations.  A subdivision application shall be 
        preliminarily approved or disapproved within 120 days following 
        delivery of an application completed in compliance with the 
        municipal ordinance by the applicant to the municipality, unless 
        an extension of the review period has been agreed to by the 
        applicant.  When a division or subdivision to which the 
        regulations of the municipality do not apply is presented to the 
        city, the clerk of the municipality shall within ten days 
        certify that the subdivision regulations of the municipality do 
        not apply to the particular division. 
           If the municipality or the responsible agency of the 
        municipality fails to preliminarily approve or disapprove an 
        application within the review period, the application shall be 
        deemed preliminarily approved, and upon demand the municipality 
        shall execute a certificate to that effect.  Following 
        preliminary approval the applicant may request final approval by 
        the municipality, and upon such request the municipality shall 
        certify final approval within 60 days if the applicant has 
        complied with all conditions and requirements of applicable 
        regulations and all conditions and requirements upon which the 
        preliminary approval is expressly conditioned either through 
        performance or the execution of appropriate agreements assuring 
        performance. If the municipality fails to certify final approval 
        as so required, and if the applicant has complied with all 
        conditions and requirements, the application shall be deemed 
        finally approved, and upon demand the municipality shall execute 
        a certificate to that effect.  After final approval a 
        subdivision may be filed or recorded. 
           Sec. 2.  Minnesota Statutes 1998, section 505.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PRELIMINARY PLAT APPROVAL; ROAD REVIEW.] (a) Any 
        proposed preliminary plat in a city, town, or county, which 
        includes lands abutting upon any existing or established trunk 
        highway or proposed highway which has been designated by a 
        centerline order filed in the office of the county recorder 
        shall first be presented by the city, town, or county to the 
        commissioner of transportation for written comments and 
        recommendations.  Where any preliminary plat includes land 
        abutting upon an existing or established county or county state 
        aid highway, it shall first be submitted to the county engineer 
        for written comments and recommendations.  Preliminary plats in 
        a city or town involving both a trunk highway and a highway 
        under county jurisdiction shall be submitted by the city or town 
        to the county highway engineer as provided in paragraphs (b) and 
        (c) and to the commissioner of transportation and the county 
        highway engineer.  Plats shall be submitted by the city, town, 
        or county to the commissioner of transportation for review at 
        least 30 days prior to the home rule charter or statutory city, 
        town or county taking final action on the preliminary plat.  The 
        commissioner of transportation and/or the county highway 
        engineer shall submit the written comments and recommendations 
        to the city, town, or county within 30 days after receipt 
        by them the commissioner of such a plat.  Final action on such 
        plat by the city, town, or county shall not be taken until after 
        these required comments and recommendations have been received 
        or until the 30-day period has elapsed.  
           (b) Any proposed preliminary plat or initial plat filing 
        that includes land located in a city or town bordering an 
        existing or proposed county road, highway, or county state-aid 
        highway that is designated on a map or county highway plan filed 
        in the office of the county recorder or registrar of titles, 
        must be submitted by the city or town to the county engineer 
        within five business days after receipt by the city or town of 
        the preliminary plat or initial plat filing for written comments 
        and recommendations.  The county engineer's review shall be 
        limited to factors of county significance in conformance with 
        adopted county guidelines developed through a public hearing or 
        a comprehensive planning process with comment by the cities and 
        towns.  The guidelines must provide for development and 
        redevelopment scenarios, allow for variances, and reflect 
        consideration of city or town adopted guidelines.  
           (c) Within 30 days after county receipt from the city or 
        town of the preliminary plat or initial plat filing, the county 
        engineer shall provide to the city or town written comments 
        stating whether the plat meets county guidelines and describing 
        any modifications necessary to bring the plat into conformity 
        with the county guidelines.  No city or town may approve a 
        preliminary plat until it has received the county engineer's 
        written comments and recommendations or until the county 
        engineer's comment period has expired, whichever occurs first.  
        Within ten business days following a city's or town's approval 
        of a preliminary plat, the city or town shall submit to the 
        county board notice of its approval, along with a statement 
        addressing the disposition of any written comments or 
        recommendations made by the county engineer.  In the event the 
        city or town does not amend the plat to conform to the 
        recommendations made by the county engineer, representatives 
        from the county and city or town shall meet to discuss the 
        differences and determine whether changes to the plat are 
        appropriate prior to final approval.  This requirement shall not 
        extend the time deadlines for preliminary or final approval as 
        required under this section, section 15.99 or 462.358, or any 
        other law, nor shall this requirement prohibit final approval as 
        required by this section. 
           (d) A legible preliminary drawing or print of a proposed 
        preliminary plat shall be acceptable for purposes of review by 
        the commissioner of transportation or the county highway 
        engineer.  To such drawing or print there shall be attached a 
        written statement describing; (1) the outlet for and means of 
        disposal of surface waters from the proposed platted area, (2) 
        the land use designation or zoning category of the proposed 
        platted area, (3) the locations of ingress and egress to the 
        proposed platted area, and (4) a preliminary site plan for the 
        proposed platted area, if one has been prepared with dimensions 
        to scale, authenticated by a registered engineer or land 
        surveyor, showing the existing or proposed state highway, county 
        road, or county highway and all existing and proposed 
        rights-of-way, easements, general lot layouts, and lot 
        dimensions.  Failure to obtain the written comments and 
        recommendations of the commissioner of transportation or the 
        county highway engineer shall in no manner affect the title to 
        the lands included in the plat or the platting of said lands.  A 
        certificate or other evidence shall be required to or upon the 
        plat for filing in the office of the county recorder or 
        registrar of titles as to the submission of or the obtaining of 
        such written comments and recommendations.  The home rule 
        charter or statutory city, town or county shall provide the 
        certificate or other evidence to the county recorder or 
        registrar of titles.  A city, town, or county shall file with 
        the plat, in the office of the county recorder or registrar of 
        titles, a certificate or other evidence showing submission of 
        the preliminary plat to the commissioner or county highway 
        engineer in compliance with this subdivision. 
           Sec. 3.  Minnesota Statutes 1999 Supplement, section 
        505.08, subdivision 3, is amended to read: 
           Subd. 3.  [PREMATURE REFERENCE TO PLAT; FORFEITURE.] Any 
        person who shall dispose of, or lease, or offer to sell any land 
        included in a plat by reference to the plat before the same is 
        recorded, shall forfeit to the county $100 for each lot, or part 
        of a lot, so disposed of, or leased, or offered; and any 
        official, land surveyor, or person whose duty it is to comply 
        with any of the provisions of this chapter, shall forfeit not 
        less than $100 for each month during which compliance is 
        delayed.  All forfeitures under this chapter shall be recovered 
        in an action brought in the name of the county.  Notwithstanding 
        any provisions of this subdivision to the contrary, this 
        subdivision shall not apply to an offer to sell or lease a unit 
        in a proposed common interest community as defined in chapter 
        515B. 
           Presented to the governor May 19, 2000 
           Signed by the governor May 30, 2000, 2:05 p.m.