Agenda - Planning Commission - 04/07/2011

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Minn Stat § 462.358 subd 3b Minn. Stat § 15.99 Calm Waters, LLC v. Kanabec County Bd. of Com'rs, 756 N.W.2d 716 (Minn.,2008) (applies 60 -Day Rule tolling only to county review of subdivisions) Minn. Stat. § 505.03 subd 2(a) Calm Waters, LLC v. Kanabec County Bd. of Com'rs, 756 N.W.2d 716 (Minn.,2008) (applies 60 -Day Rule tolling only to county review of subdivisions) Minn. Stat. 15.99 subd 2 (a) 4. 120 -Day Rule: Preliminary plats A subdivision application must receive preliminary approval or disapproval within 120 days of its delivery, unless the applicant agrees to an extension. If no action is taken, the application will be deemed approved after this time period. (Note that this 120 -day period differs from the usual 60 -Day Rule. By its terms, the 60 -Day Rule found at Minn. Stat. § 15.99 does not apply to city subdivisions). The city should document all extensions in writing. If the city does not act on an application within 120 days, the applicant may demand a certificate of approval from the city. Following receipt of the certificate, the applicant may request final approval by the city as discussed in section IV -C of this memo. 5. Review of preliminary plats bordering trunk highways, county and state roads, or highways a. Trunk highways State law mandates special procedures for when a city receives a preliminary plat application for land that: • Abuts an existing or established trunk highway or state rail property. • Abuts a proposed trunk highway or state rail property that has been designated by a centerline order filed with the county clerk. The city must refer these applications to the commissioner of the Minnesota Department of Transportation (MnDOT) for written comments and recommendations. Plats must be submitted to MnDOT at least 30 days prior to the city taking final action on the preliminary plat application. After receiving a plat application for the city, MnDOT has 30 days to respond. The city may not take action on the preliminary plat until comments have been received or 30 days have elapsed. The statute requiring the referral to MnDOT does not provide for tolling of the 120 -Day Rule, while MnDOT considers the application. The general tolling provisions of the 60 -Day Rule for issues related to zoning do not apply. As a result, the city must complete its review of the preliminary application, including any MnDOT review, within 120 days, unless an extension is agreed to by the applicant. 20 LEAGUE OF MINNESOTA. CITIES