HF 1629

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to municipal planning and zoning; clarifying the determination of fair
market value in certain dedication proceedings; amending Minnesota Statutes
2006, section 462.358, subdivision 2b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 462.358, subdivision 2b, is amended to
read:

Subd. 2b.

Dedication.

(a) The regulations may require that a reasonable portion of
the buildable land, as defined by municipal ordinance, of any proposed subdivision be
dedicated to the public or preserved for public use as streets, roads, sewers, electric,
gas, and water facilities, storm water drainage and holding areas or ponds and similar
utilities and improvements, parks, recreational facilities as defined in section 471.191,
playgrounds, trails, wetlands, or open space. The requirement must be imposed by
ordinance or under the procedures established in section 462.353, subdivision 4a.

(b) If a municipality adopts the ordinance or proceeds under section 462.353,
subdivision 4a, as required by paragraph (a), the municipality must adopt a capital
improvement budget and have a parks and open space plan or have a parks, trails, and
open space component in its comprehensive plan subject to the terms and conditions in
this paragraph and paragraphs (c) to (i).

deleted text begin (c) The municipality may choose to accept a cash fee as set by ordinance from the
deleted text end deleted text begin applicant for some or all of the new lots created in the subdivision, based deleted text end deleted text begin on fair market
value of deleted text end deleted text begin the deleted text end deleted text begin land deleted text end deleted text begin , deleted text end deleted text begin no later than at the time of final approval deleted text end deleted text begin .
deleted text end

new text begin (c) The municipality may choose to accept a cash fee as set by ordinance from
the applicant for some or all of the new lots created in the subdivision, based on the
average fair market value of the unplatted land for which park fees have not already
been paid that is, no later than at the time of final approval or under the municipality's
adopted comprehensive plan, to be served by municipal sanitary sewer and water service
or community septic and private well as authorized by state law. For purposes of
redevelopment on developed land, the municipality may choose to accept a cash fee based
on fair market value of the land no later than the time of final approval.
new text end

(d) In establishing the portion to be dedicated or preserved or the cash fee, the
regulations shall give due consideration to the open space, recreational, or common areas
and facilities open to the public that the applicant proposes to reserve for the subdivision.

(e) The municipality must reasonably determine that it will need to acquire that
portion of land for the purposes stated in this subdivision as a result of approval of the
subdivision.

(f) Cash payments received must be placed by the municipality in a special fund to
be used only for the purposes for which the money was obtained.

(g) Cash payments received must be used only for the acquisition and development
or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open
space based on the approved park systems plan. Cash payments must not be used for
ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails,
wetlands, or open space.

(h) The municipality must not deny the approval of a subdivision based solely on
an inadequate supply of parks, open spaces, trails, or recreational facilities within the
municipality.

(i) Previously subdivided property from which a park dedication has been received,
being resubdivided with the same number of lots, is exempt from park dedication
requirements. If, as a result of resubdividing the property, the number of lots is increased,
then the park dedication or per-lot cash fee must apply only to the net increase of lots.