HF 838

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; providing for certain 
  1.3             regulation in areas about to be orderly annexed; 
  1.4             amending Minnesota Statutes 1996, section 414.0325, 
  1.5             subdivision 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 414.0325, 
  1.8   subdivision 5, is amended to read: 
  1.9      Subd. 5.  [PLANNING IN THE AREA DESIGNATED FOR ORDERLY 
  1.10  ANNEXATION.] A joint resolution may provide for the 
  1.11  establishment of a board to exercise planning and land use 
  1.12  control authority within any area designated as an orderly 
  1.13  annexation area pursuant to this section, in the manner 
  1.14  prescribed by Minnesota Statutes 1976, section 471.59, 
  1.15  subdivisions 2 to 8, inclusive. 
  1.16     (a) A board established pursuant to a joint resolution 
  1.17  shall have all of the powers contained in sections 462.351 to 
  1.18  462.364, and shall have the authority to adopt and enforce the 
  1.19  uniform fire code promulgated pursuant to section 299F.011. 
  1.20     (b) The joint resolution may provide that joint planning 
  1.21  and land use controls shall apply to any or all parts of the 
  1.22  area designated for orderly annexation as well as to any 
  1.23  adjacent unincorporated or incorporated area, provided that the 
  1.24  area to be included shall be described in the joint resolution. 
  1.25  Notwithstanding section 462.357 or other law, a township retains 
  2.1   its authority for zoning, land use controls, and subdivision 
  2.2   regulation in any part of the area designated for orderly 
  2.3   annexation and all the adjacent areas within the township until 
  2.4   the part or the adjacent area becomes annexed, unless the 
  2.5   township agrees otherwise under this subdivision. 
  2.6      (c) If the joint resolution does not provide for joint 
  2.7   planning and land use control, the following procedures shall 
  2.8   govern: 
  2.9      (1) If the county and townships agree to exclude the area 
  2.10  from their zoning and subdivision ordinances, the municipality 
  2.11  may extend its zoning and subdivision regulations to include the 
  2.12  entire orderly annexation area as provided in section 462.357, 
  2.13  subdivision 1, and section 462.358, subdivision 1. 
  2.14     (2) If the county and township do not agree to such 
  2.15  extraterritorial zoning and subdivision regulation by the 
  2.16  municipality, zoning and subdivision regulation within the 
  2.17  orderly annexation area shall may, by agreement, be controlled 
  2.18  by a three-member committee with one member appointed from each 
  2.19  of the municipal, town, and county governing bodies.  This 
  2.20  committee shall serve as the "governing body" and "board of 
  2.21  appeals and adjustments", for purposes of sections 462.357 and 
  2.22  462.358, within the orderly annexation area.  The committee 
  2.23  shall have all of the powers contained in sections 462.351 to 
  2.24  462.364, and shall have the authority to adopt and enforce the 
  2.25  uniform fire code promulgated pursuant to section 299F.011. 
  2.26     (3) If there is no agreement, the entity that had the 
  2.27  authority before the orderly annexation agreement must continue 
  2.28  to exercise the authority until the area is annexed.