HF 4128

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:55pm

A bill for an act
relating to local government; authorizing cities to impose a public park dedication
fee on certain new property developments; proposing coding for new law in
Minnesota Statutes, chapter 430.

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

Section 1.

new text begin [430.16] PUBLIC PARK DEDICATION FEE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision
have the meanings given.
new text end

new text begin (b) "Accessory dwelling unit" means a secondary dwelling unit to a principal
single-family dwelling within or attached to a single-family dwelling or in a detached
accessory building on the same zoning lot.
new text end

new text begin (c) "Affordable housing" means housing targeted at households with incomes at or below
60 percent of the area median income, adjusted for household size, as determined by the
United States Department of Housing and Urban Development.
new text end

new text begin (d) "Sacred community" means a residential settlement established on or contiguous to
the grounds of a religious institution's primary worship location primarily for the purpose
of providing permanent housing for chronically homeless persons, extremely low-income
persons, and designated volunteers.
new text end

new text begin (e) "Senior housing" means housing intended and operated for occupancy by senior
households with at least 80 percent of the units occupied by senior households and for which
there is publication of and adherence to policies and procedures that demonstrate an intent
by the owner or manager to provide housing for seniors.
new text end

new text begin Subd. 2. new text end

new text begin Dedication. new text end

new text begin (a) A statutory or home rule charter city 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 housing units within existing
subdivisions and any other 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 dedication of land or dedication fee must be imposed
by an ordinance enacted by the city council or other chief governing body of the city.
new text end

new text begin (b) The ordinance may establish how federal or state housing tax credits available for
single-family affordable housing developments are distributed.
new text end

new text begin (c) The ordinance may exempt developments for senior housing units, accessory dwelling
units, or sacred community units from the dedication of land or the dedication fee
requirements under this section.
new text end

new text begin (d) Units meeting affordable housing thresholds in developments for affordable housing
are exempt from the dedication of land or the dedication fee requirements under this section.
new text end

new text begin Subd. 3. new text end

new text begin Dedication fee. new text end

new text begin (a) An ordinance enacted under subdivision 2 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 housing 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.
new text end

new text begin (b) The ordinance may specify when the dedication fee must be paid, but the ordinance
must specify that payment is due no later than the date the construction permit is issued.
new text end