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Agenda - Council - 04/05/2011 - Special
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Agenda - Council - 04/05/2011 - Special
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3/18/2025 2:00:09 PM
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3/31/2011 5:16:58 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Title
Special
Document Date
04/05/2011
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b.County roads, highways, and state-aid highways <br />Similar requirements exist for when apreliminary plat includes land that <br />Minn. Stat. § 505.03 <br />subd 2(b) <br />borders an existing or proposed county road, highway,or county state-aid <br />highway. These plats must be submitted to the county engineer for review <br />within five days of receipt by the city for written comments and findings. <br />The county engineer has 30 days to provide written comments on the plat. <br />Minn. Stat. § 505.03 <br />subd 2(b),(c) <br />The city may not take final action on the preliminary plat until comments <br />have been received or 30 days have elapsed. The county engineer’s review <br />must be limited to commenting on factors related to the county’s officially <br />adopted guidelines for such reviews. <br />When the county engineer has submitted comments, the city must notify the <br />county of its eventual final approval of a preliminary plat within 10 days of <br />such approval. Along with this notice, the city must submit a statement that <br />explains the city’s response to the county engineer’s written concerns. Where <br />the preliminary plat was not amended or changed to address the county <br />engineer’s concerns, state law requires further consultation between the two <br />entities. Prior to approval of the final plat, representatives of the city and <br />county must meet to discuss their differences and agree on whether changes <br />to the plat are appropriate prior to final approval. In situations where this <br />conference is necessary, the city should make county approval a formal <br />condition to final plat approval. <br />Calm Waters, LLC v. The statute requiring the referral to county engineer does not provide for <br />Kanabec County Bd. <br />tolling of the 120-Day Rule, while the county considers the application. In <br />of Com'rs, <br />756 <br />addition, the general tolling provisions of the 60-Day Rule for issues related <br />N.W.2d 716 <br />(Minn.,2008)(applies <br />to zoning do not apply, because the 60-Day Rule statute specifically excepts <br />60-Day Rule tolling <br />from its provisions municipal decisions on subdivisions subject to the 120- <br />only to county review <br />day requirement. As a result, the city must complete its review of the <br />of subdivisions) <br />preliminary application, including any county review, within 120 days, <br />Minn. Stat. §15.99 <br />subd 2 (a) <br />unless an extension is agreed to by the applicant. <br />c.Trunk highways,county roads,and highways <br />When a preliminary plat abuts upon a trunk highwayor state rail property <br />Minn. Stat. § 505.03 <br />subd 2(b) <br />and includes county roads, the city must follow both processes detailed <br />above and submit a copy of the application to both MnDOT and the county <br />engineer. <br />d.Required information for submission to MnDOT and <br />the county engineer <br />Submissions to MnDOT or the county engineer must include both a legible <br />Minn. Stat. § 505.03 <br />subd 2(d) <br />preliminary drawing or print of the proposed preliminary plat and an attached <br />written statement describing: <br />The outlet for and means of disposal of surface waters from the platted <br />area. <br />SGC21 <br />UBDIVISION UIDE FOR ITIES <br /> <br />
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