HF 3026

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/03/2022 03:29pm

A bill for an act
relating to local government; authorizing the city of Rochester to impose a public
park dedication fee on certain new property developments.

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

Section 1. new text begin CITY OF ROCHESTER; DEDICATION FEE.
new text end

new text begin Subdivision 1. new text end

new text begin Dedication. new text end

new text begin The city of Rochester may require that a reasonable portion
of land be dedicated to the public or may impose a dedication fee in conjunction with the
construction permit required for new dwelling units and any development that creates a
proportional impact on the park system in the city, wherever located, for public parks,
playgrounds, recreational facilities, wetlands, trails, or open space. The city council or other
chief governing body of the city must enact an ordinance to impose a dedication of land or
a dedication fee. The ordinance may exempt senior housing and affordable housing applicants
from the dedication of land or the dedication fee requirements.
new text end

new text begin Subd. 2. new text end

new text begin Dedication fee. new text end

new text begin An ordinance enacted under subdivision 1 may set a dedication
fee based on current land prices at the time the permit is issued or set a flat fee rate per net
new dwelling unit or other standard basis as an essential nexus between the fees or dedication
imposed on the proposed development and the municipal purpose sought to be achieved by
the fee or dedication. The fee or dedication must bear a rough proportionality to the need
created by the proposed development. The ordinance must apply the following sliding fee
scale to new housing units eligible for low-income housing tax credits, located in a
redevelopment district under Minnesota Statutes, section 469.174, subdivision 10, or located
in a housing district under Minnesota Statutes, section 469.174, subdivision 11:
new text end

new text begin Household Income Range (as a percent of the area median income) new text end	new text begin Reduction from Standard Fee new text end
new text begin 50% new text end	new text begin 50% new text end
new text begin 40% new text end	new text begin 75% new text end
new text begin 30% or less new text end	new text begin 100% new text end

new text begin Subd. 3. new text end

new text begin Time limitation; refund. new text end

new text begin The dedication fee under subdivision 2 must be spent
within six years of the date of issuance of the final occupancy permit for the development.
A fee, or portion thereof, that has not been spent by the city during the six-year period must
be refunded with interest at the rate specified in Minnesota Statutes, section 270C.40, to
the property owner of record of a property on which the fee was calculated. The refund
must be proportional to the cost per unit of the unspent fee. The treasurer of the city, or
other chief appointed officer with authority to administer the city's finances, must issue a
warrant for payment of any refund due to a property owner within 90 days after the
conclusion of the six-year period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of the
city of Rochester and its chief clerical officer comply with the requirements of Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
new text end