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RELEVANT LINKS: <br />Minn. Stat. § 462.358 subd. <br />3b. <br />Minn. Stat. § 462.358 subd. <br />3b. Minn. Stat. § 505.03 <br />subd. 1. <br />See Section V -H Minor <br />subdivisions. <br />Sample ordinance on <br />app licat ion requirements. <br />Sample preliminary plat <br />ordinance. <br />Semler Const., Inc. v. City of <br />Hanover, 667N.W.2d457 <br />(Minn. Ct. App.2003). <br />Jordan Real Estate Services, <br />Inc. v. City of Gaylord No. <br />A08-0294 (Minn. Ct. App. <br />2009) (unpublished). <br />Minn. Stat. § 462.358 2a. <br />Minn. Stat. § 462.358 3b. <br />After notice and deposit, the application must be processed as if the fee had <br />been paid. The appeal must be brought within 60 days after approval of the <br />application and deposit of the fee into escrow. <br />B. Preliminary plat review <br />The city subdivision ordinance must establish the process for review of <br />applications. Cities have discretion in determining the process that they <br />would like to use. However, the subdivision statute generally requires cities <br />to follow a two-step process in the administration of city subdivision <br />regulations. First, the landowner applies for preliminary plat approval, and <br />then subsequently for final plat approval_ Cities may also opt to consolidate <br />these two reviews and/or provide for administrative review of plats that <br />delineate existing parcels and minor subdivisions. However, the two-step <br />process is the most widely used process. <br />Generally for preliminary plat approval, the applicant will submit to the city <br />a plat and various concept drawings as required by city ordinance. Some <br />cities require applicants to meet with staff for a "pre -application" review, <br />prior to the filing of the preliminary plat application. This internal review <br />allows staff to inform applicants of the city's expectations and ordinance <br />requirements. <br />It is important to note that a city has the most discretion in evaluating the <br />application against its ordinance requirements during the preliminary <br />approval stage. This is the time to impose conditions and address any and all <br />concerns the application may generate. The term "preliminary approval" can <br />be misleading, since it implies that the review is cursory or limited in scope. <br />This is not the case in the subdivision context. <br />The preliminary plat approval stage establishes the nature, design, and scope <br />of a development project. It sets the conditions or guidelines, in large part, <br />under which final plat approval can be obtained. After a plat is preliminarily <br />approved, changes should generally be limited to meeting requirements <br />imposed as a condition of approval and/or to meeting legal requirements <br />under city ordinance and state or federal law (where applicable). <br />1. Conditional approval: Preliminary plats <br />A city may approve a preliminary plat along with conditions that must be <br />satisfied for final plat approval Conditions for how the final subdivision <br />design will meet ordinance provisions often are quite specific. For example: <br />• Requiring the developer to reduce the number of lots and provide for a <br />greater wetland buffer in the final plat. <br />• Requiring the developer to add sidewalks and develop a trail plan in <br />consultation with city staff. <br />League of Minnesota Cities Information Memo: 4/15/2014 <br />Subdivision Guide for aties Page 15 <br />