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• Ch. 60 - Introductory Provisions
• Ch. 61 - Lot and Site Development Approval Procedures
• Ch. 62 - Zoning District Regulations
• Ch. 63 - Lot Development Standards
• Ch. 64 - Site Design Policies
• Ch. 65 - Nonconformities
• Informational Supplement
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CHAPTER 61 - LOT AND SITE DEVELOPMENT APPROVAL PROCEDURES

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61.230 FINAL PLATS:

Subdivision 1.  There shall be a final plat for each subdivision that has received preliminary approval through either a Type II or Type III land subdivision or site planning permit process, unless the zoning administrator has waived the requirement for a land subdivision permit pursuant to Section 61.221.  No final plat may include both conventional lots and common interest community lands.  A final plat must receive approval within two years from land subdivision permit approval unless there exists a development agreement with the City which authorizes final plats of the subdivision to be phased.  Phasing will be allowed up to six years for two phases, eight years for three phases and ten years for four phases.           

                Subd. 2.  The final plat process is intended to be a “mechanical” stage of the approval process designed to verify compliance with the conditions of approval imposed on the land subdivision permit.  It is not intended to reconsider those initial conditions of approval.  Except as provided in Section 61.237, subd. 2, new conditions of approval unrelated to the land subdivision permit should not be imposed during final plat review.  This subdivision does not apply to a development for which there is no preliminary plat.         

               Subd. 3.  An applicant may request approval of a final plat that is submitted for only a portion of contiguous land holdings or one phase of a multi-phased or staged development included within a general development plan or land subdivision permit.  In this case, the Council must consider the demand for adequate public facilities generated by subsequent phases of the development and must require a development agreement as to the design and construction of adequate on-site or off-site public or private facility improvements required to serve the subsequent phases.

61.231

Application for Final Plat:  Subdivision 1.  An applicant for a final plat must submit the materials described in this section at least two weeks prior to the Council meeting at which the applicant wishes to have the matter considered.   

           Subd. 2.  Two copies of a final plat application on the appropriate form provided by the zoning administrator.                 

           Subd. 3.  Ten full size copies of the final plat on black or blue line prints and a reduced size copy of the plat on 8 ½ x 11”, 8 ½ x 14” or 11 x 17” paper.   

           Subd. 4.  Two copies of existing or proposed private deed restrictions, if any.                      

           Subd. 5.  An application fee as required by Section 60.175.  A new application fee must be submitted if the final plat has been tabled at the request of the applicant for nine months or more from the original date of submittal.   

            Subd. 6.  If a design modification request accompanies the final plat, the application form, processing fee and documentation supporting such a request.   

            Subd. 7.  Two copies of the documents assigning responsibility for long-term maintenance of common lands and facilities.                

           Subd. 8.  Two copies of the approved construction plans for street, sidewalk, trail, water, wastewater, grading, storm water management, and other public or private subdivision improvements.               

            Subd. 9.  Two copies of a development agreement if the applicant intends to:   

1. record the final plat before completion of required on-site or off-site public or private facility improvements;
   
   
2. stage or phase-in on-site or off-site public or private facility improvements required as part of a multi-stage or phase development; or
   
   
3. fund off-site public or private facility improvements as required by the terms and conditions of an executed contribution or development agreement, or as described in Traffic Impact Study approved by the City or applicable road authority. 

               Subd. 10.  Any supplemental information, which differs in any material respect from the information submitted and findings made at land subdivision permit approval as determined by the Zoning Administrator.  A material change includes, but is not limited to a change which burdens adjacent properties or public facilities and utilities, increases the number of lots or dwelling units, increases the square footage of nonresidential development, will have a detrimental impact on public health or safety, will adversely affect the value of adjacent properties, will affect a floodplain or stream channel, will reduce the amount of neighborhood park land or open space, or will increase the potential for flooding of the subject property or adjacent properties

61.232 Submittal of Final Plat Documents:

The following materials shall be submitted following the City Council meeting at which the final plat is approved:  

1. One original mylar of the final plat which shall contain all of the certifications, signatures (of the City Clerk, County Auditor/Treasurer and County Recorder), and acknowledgments required to file and record the same in the office of the County Recorder.  If the boundary of the final plat is not coincident with the boundaries of an existing lot or record, then a legal description and survey plat of the remnant unplatted parcel created by the recording of the final plat must be provided.  
   
   
2. Except for the signature of the City Clerk, County Auditor/Treasurer and County Recorder, the final plat shall be in recordable form and shall include the fee to be charged for filing and recording the plat in the office of the County Recorder and a statement from the County Recorder indicating the amount of such fee. 
   
   
3. Two copies of a title opinion prepared by an attorney within 60 days prior to the application or certificate of title insurance identifying the owners and persons of record having an interest in the property being subdivided.

61.233

Preparation of Final Plat:               Final plats must be prepared in accordance and compliance with the provisions of the Rochester Zoning Ordinance and Land Development Manual and the laws of the State of Minnesota.  Appendix B contains a list of the information that must be included on final plats.

61.234

Procedure: A Final Plat shall be processed through the Type III Review Procedure, with the Phase I Hearing Process utilized.  The Council shall be designated approval body for the Phase I Hearing.

61.235

Notification: Notification shall be sent as provided in with Section 60.630.

61.236

Acceptance of Final Plat Application: In addition to the requirements of Section 60.505, the Zoning Administrator may find the application incomplete if 1) any of the information required for Final Plats in Section 62.231 or Appendix B is not provided; 2) the final plat does not conform to the conditions attached to approval of the land subdivision permit; or 3) the plat is in conflict with the provisions of the ordinance and no variance or design modification has been approved or filed.

61.237

Action on Final Plats: Subdivision 1.  Following completion of the Phase I Hearing Process, the Council shall either approve, conditionally approve or disapprove the final plat.  The City must take such action pursuant to the time period provided by Minnesota Statutes, Section 462.358.  The reasons for disapproval shall be recorded in the minutes of the Common Council and reported to the applicant and the zoning administrator by the City Clerk.     

             Subd. 2.  In conditionally approving a final plat, the Council may introduce conditions not applied to the land subdivision permit or general development plan upon finding that new information reveals conditions that directly affect the subdivision’s ability to satisfy the criteria established in Section 61.225.   

              Subd. 3.  The final plat documents shall not be recorded until:    

1. there is satisfactory evidence filed with the City that all past taxes have been paid in full;
   
   
2. the final plat is in a form acceptable for recording at the Office of the County Recorder;
   
   
3. all required or voluntary development agreements with the City have been signed by the applicant; 
   
   
4. the final plat conforms and complies with all conditions of approval attached to the applicable land subdivision permit (preliminary plat); and,
   
   
5. there is deposited with the City a filing fee sufficient to record those documents that are recorded

 

61.238

Recording a Final Plat: Upon approval by the City Council, the City Clerk shall record the final plat in the office of the County Recorder as provided by law.  The plat approval shall expire two years after acceptance of improvements by the City unless the plat is recorded or the Council has granted an extension.


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