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4 MINNESOTA STATUTES 2010 462.358 <br /> the official newspaper at least ten days before the day of the hearing. At the hearing, all persons <br /> interested shall be given an opportunity to make presentations. A subdivision application shall <br /> be preliminarily approved or disapproved within 120 days following delivery of an application <br /> completed in compliance with the municipal ordinance by the applicant to the municipality, <br /> unless an extension of the review period has been agreed to by the applicant. When a division <br /> or subdivision to which the regulations of the municipality do not apply is presented to the city, <br /> the clerk of the municipality shall within ten days certify that the subdivision regulations of the <br /> municipality do not apply to the particular division. <br /> If the municipality or the responsible agency of the municipality fails to preliminarily <br /> approve or disapprove an application within the review period, the application shall be deemed <br /> preliminarily approved, and upon demand the municipality shall execute a certificate to that effect. <br /> Following preliminary approval the applicant may request final approval by the municipality, <br /> and upon such request the municipality shall certify final approval within 60 days if the applicant <br /> has complied with all conditions and requirements of applicable regulations and all conditions <br /> and requirements upon which the preliminary approval is expressly conditioned either through <br /> performance or the execution of appropriate agreements assuring performance. If the municipality <br /> fails to certify final approval as so required, and if the applicant has complied with all conditions <br /> and requirements, the application shall be deemed finally approved, and upon demand the <br /> municipality shall execute a certificate to that effect. After final approval a subdivision may <br /> be filed or recorded. <br /> Subd. 3c. Effect of subdivision approval. For one year following preliminary approval <br /> and for two years following final approval, unless the subdivider and the municipality agree <br /> otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the <br /> use, development density, lot size, lot layout, or dedication or platting required or permitted by the <br /> approved application. Thereafter, pursuant to its regulations, the municipality may extend the <br /> period by agreement with the subdivider and subject to all applicable performance conditions <br /> and requirements, or it may require submission of a new application unless substantial physical <br /> activity and investment has occurred in reasonable reliance on the approved application and the <br /> subdivider will suffer substantial financial damage as a consequence of a requirement to submit a <br /> new application. In connection with a subdivision involving planned and staged development, a <br /> municipality may by resolution or agreement grant the rights referred to herein for such periods of <br /> time longer than two years which it determines to be reasonable and appropriate. <br /> Subd. 4. [Repealed, 1982 c 415 s 3] <br /> Subd. 4a. Disclosure by seller; buyer's action for damages. A person conveying a new <br /> parcel of land which, or the plat for which, has not previously been filed or recorded, and which <br /> is part of or would constitute a subdivision to which adopted municipal subdivision regulations <br /> apply, shall attach to the instrument of conveyance either: (a) recordable certification by the clerk <br /> of the municipality that the subdivision regulations do not apply, or that the subdivision has been <br /> approved by the governing body, or that the restrictions on the division of taxes and filing and <br /> recording have been waived by resolution of the governing body of the municipality in this case <br /> because compliance will create an unnecessary hardship and failure to comply will not interfere <br /> with the purpose of the regulations; or (b) a statement which names and identifies the location <br /> of the appropriate municipal offices and advises the grantee that municipal subdivision and <br /> zoning regulations may restrict the use or restrict or prohibit the development of the parcel, or <br /> construction on it, and that the division of taxes and the filing or recording of the conveyance may <br /> Copyright©2010 by the Office of the Revisor of Statutes, State of Minnesota.All Rights Reserved. <br />