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proposed permitted use. If the application adequately addresses all of the ordinance standards <br />and requirements, then the preliminary plat generally should be approved. If the application <br />is denied, the municipality must adopt written findings based on a record from the public <br />proceedings stating why the application was not be approved. <br />Conditional Approval <br />A city may approve a preliminary plat along with conditions that must be satisfied for final plat <br />approval. Conditions for how the final subdivision design will meet ordinance provisions often are <br />quite specific. For example: <br />• Variances to subdivision regulations may be allowed where an unusual hardship on the <br />land exits, but only on the grounds specifically identified in the subdivision regulations. <br />• If any public improvements are to be installed, an important condition may be entering into <br />a development agreement between the city and the applicant, as discussed below. <br />This is the time to impose conditions and address any and all concerns the application may <br />generate. The term "preliminary" approval can be misleading because preliminary plat approval <br />establishes the nature, design, and scope of a development project. After a plat is preliminarily <br />approved, the city generally cannot require further significant changes. Once the conditions and <br />requirements of the preliminary plat approval are satisfied, the applicant is generally entitled to <br />approval of the final plat. <br />Final Plat Approval <br />After preliminary plat approval, the statute allows the applicant to seek final approval. If the <br />applicant has complied with the conditions and requirements set out in the preliminary approval, <br />the municipality typically must grant final approval within 60 days Unlike preliminary plat <br />approval, there is no required public hearing on the final plat. The final plat application must <br />demonstrate conformance with the conditions and requirements of preliminary approval. An <br />applicant may demand the execution of a certificate of final approval where the requirement and <br />conditions have been satisfied. If the municipality fails to act within 60 days, the final plat <br />application may automatically be deemed approved. <br />After final approval has been received, a subdivision may be filed or recorded. After a subdivision <br />has been approved, for one year after preliminary approval and two years after final approval, an <br />amendment to the comprehensive plan or to the zoning ordinances will not apply to or affect the <br />subdivision with regard to use, density, lot size, lot layout, or dedication or platting -- unless the <br />municipality and the applicant agree otherwise. A municipality may require that an applicant <br />establish an escrow account or financial security for the purpose of reimbursing the municipality <br />for direct costs relating to professional services a city provides during the review, approval, and <br />inspection of the project. <br />Development Agreements <br />In many cases, a condition of preliminary plat approval requires the city and applicant to enter into <br />a development agreement. This is particularly important for the city if new public improvements <br />such as roads, water and sewer, and stormwater systems are to be installed as part of the <br />subdivision. The statute specifically authorizes the city in its ordinance to condition subdivision <br />6 <br />