1.1 	A bill for an act
1.2 	relating to local government; modifying municipal and county planning and 
1.3 	zoning provisions; providing standards for preliminary plat approval in a 
1.4 	proposed development;amending Minnesota Statutes 2004, sections 394.25, 
1.5 	subdivision 7; 462.358, subdivision 3b.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 394.25, subdivision 7, is amended to read:
1.8 		Subd. 7.Specific controls; other subjects. (a) Specific controls pertaining to other 
1.9 	subjects incorporated in the comprehensive plan or establishing standards and procedures 
1.10 	to be employed in land development including, but not limited to, subdividing of land and 
1.11 	the approval of land plats and the preservation and dedication of streets and land for other 
1.12 	public purposes and the general design of physical improvement.
1.13 	(b) If an applicant has met all objective standards required by the county regulations, 
1.14 	preliminary plat approval is presumed. The county bears the burden of showing a 
1.15 	deficiency in the application through clear and convincing evidence.
1.16 	(b) (c) The controls may require that a portion of any proposed subdivision be 
1.17 	dedicated to the public or preserved for public use as parks, recreational facilities, 
1.18 	playgrounds, trails, wetlands, or open space. The requirement must be imposed by 
1.19 	ordinance.
1.20 	(c) (d) If a county adopts the ordinance required by paragraph (b) (c), the county 
1.21 	must adopt a capital improvement program and adopt a parks and open space plan or have 
1.22 	a parks, trails, and open space component in its comprehensive plan subject to the terms 
1.23 	and conditions in this paragraph and in paragraphs (d) (e) through (o) (p).
1.24 	(d) (e) The county may choose to accept a per lot cash fee as set by ordinance from 
1.25 	the applicant for some or all of the new lots created in the subdivision.
2.1 	(e) (f) In establishing the portion to be dedicated or preserved or the per lot cash 
2.2 	fee, the controls must consider the open space, park, recreational, or common areas and 
2.3 	facilities that the applicant proposes to reserve for the subdivision.
2.4 	(f) (g) The county must reasonably determine that it will need to acquire that portion 
2.5 	of land for the purposes stated in this subdivision as a result of approval of the subdivision.
2.6 	(g) (h) The fees or dedication must be fair, reasonable, and proportionate to the 
2.7 	need created.
2.8 	(h) (i) Any cash payments received must be placed by the county in a special fund to 
2.9 	be used only for the purposes for which the money was obtained.
2.10 	(i) (j) Any cash payments received must be used only for the acquisition and 
2.11 	development or improvement of parks, recreational facilities, playgrounds, trails, 
2.12 	wetlands, or open space. Cash payments must not be used for ongoing operation, 
2.13 	maintenance, or redevelopment of parks, recreational facilities, playgrounds, trails, 
2.14 	wetlands, or open space.
2.15 	(j) (k) The county must not deny the approval of a subdivision based on an 
2.16 	inadequate supply of parks, open spaces, trails, or recreational areas within the county.
2.17 	(k) (l) The county must not condition the approval of any proposed subdivision 
2.18 	or development on an agreement to waive the right to challenge the validity of a fee 
2.19 	or dedication.
2.20 	(l) (m) The county must use at least 75 percent of the funds collected under this 
2.21 	subdivision according to the plan required in paragraph (c) (d) in the township or city 
2.22 	where the collection of funds occurs. However, the township board or city council may 
2.23 	agree to allow the county to use these funds outside of the township or city in a manner 
2.24 	consistent with the county parks, trails, and open space capital improvement plan or the 
2.25 	county parks and open space component in its comprehensive plan. The remainder of the 
2.26 	funds may be used by the county only for parks and trails connectivity and accessibility 
2.27 	purposes. The county must annually report to cities and townships on where funds were 
2.28 	collected and where funds were expended in the past year.
2.29 	(m) (n) Previously subdivided property from which a park dedication has been 
2.30 	received, being resubdivided with the same number of lots, is exempt from park dedication 
2.31 	requirements. If, as a result of resubdividing the property, the number of lots is increased, 
2.32 	then the park dedication or per lot cash fee must apply only to the net increase of lots.
2.33 	(n) (o) A county must not require a dedication of a portion of a proposed subdivision 
2.34 	or a payment in lieu of dedication in a town or city that has adopted a requirement 
2.35 	to dedicate or a payment in place of dedication as a provision of the town or city's 
2.36 	subdivision regulations under section  462.358, subdivision 2b, or chapter 366. 
3.1 	(o) (p) A county may negotiate an agreement with a town or city to share the 
3.2 	revenue generated by dedicating a portion of a proposed subdivision or a payment in 
3.3 	place of dedication.

3.4 	Sec. 2. Minnesota Statutes 2004, section 462.358, subdivision 3b, is amended to read:
3.5 		Subd. 3b.Review procedures. The regulations shall include provisions regarding 
3.6 	the content of applications for proposed subdivisions, the preliminary and final review 
3.7 	and approval or disapproval of applications, and the coordination of such reviews 
3.8 	with affected political subdivisions and state agencies. Subdivisions including lands 
3.9 	abutting upon any existing or proposed trunk highway, county road or highway, or 
3.10 	county state-aid highway shall also be subject to review. The regulations may provide 
3.11 	for the consolidation of the preliminary and final review and approval or disapproval 
3.12 	of subdivisions. Preliminary or final approval may be granted or denied for parts of 
3.13 	subdivision applications. If an applicant has met all objective standards required by the 
3.14 	regulations, preliminary plat approval is presumed. The municipality bears the burden 
3.15 	of showing a deficiency in the application through clear and convincing evidence. The 
3.16 	regulations may delegate the authority to review proposals to the planning commission, 
3.17 	but final approval or disapproval shall be the decision of the governing body of the 
3.18 	municipality unless otherwise provided by law or charter. The regulations shall require 
3.19 	that a public hearing shall be held on all subdivision applications prior to preliminary 
3.20 	approval, unless otherwise provided by law or charter. The hearing shall be held following 
3.21 	publication of notice of the time and place thereof in the official newspaper at least ten 
3.22 	days before the day of the hearing. At the hearing, all persons interested shall be given 
3.23 	an opportunity to make presentations. A subdivision application shall be preliminarily 
3.24 	approved or disapproved within 120 days following delivery of an application completed 
3.25 	in compliance with the municipal ordinance by the applicant to the municipality, unless 
3.26 	an extension of the review period has been agreed to by the applicant. When a division 
3.27 	or subdivision to which the regulations of the municipality do not apply is presented to 
3.28 	the city, the clerk of the municipality shall within ten days certify that the subdivision 
3.29 	regulations of the municipality do not apply to the particular division.
3.30 	If the municipality or the responsible agency of the municipality fails to preliminarily 
3.31 	approve or disapprove an application within the review period, the application shall 
3.32 	be deemed preliminarily approved, and upon demand the municipality shall execute 
3.33 	a certificate to that effect. Following preliminary approval the applicant may request 
3.34 	final approval by the municipality, and upon such request the municipality shall certify 
3.35 	final approval within 60 days if the applicant has complied with all conditions and 
4.1 	requirements of applicable regulations and all conditions and requirements upon which 
4.2 	the preliminary approval is expressly conditioned either through performance or the 
4.3 	execution of appropriate agreements assuring performance. If the municipality fails to 
4.4 	certify final approval as so required, and if the applicant has complied with all conditions 
4.5 	and requirements, the application shall be deemed finally approved, and upon demand the 
4.6 	municipality shall execute a certificate to that effect. After final approval a subdivision 
4.7 	may be filed or recorded.