HF 1839

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 02:40pm

A bill for an act
relating to local government; modifying planning and zoning fees; amending
Minnesota Statutes 2020, section 462.358, subdivision 2b.

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

Section 1.

Minnesota Statutes 2020, 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).

(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 city'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 begin The park fee is capped at five percent of the appraised value
of the land at time of application. new text end "Fair market value" means the value of the land as
determined by the municipality annually based on tax valuation or other relevant data. If
the municipality's calculation of valuation is objected to by the applicant, then the value
shall be as negotiated between the municipality and the applicant, or based on the market
value as determined by the municipality based on an independent appraisal of land in a
same or similar land use category. new text begin In addition to the cash fee option, fees may be paid by
donating land, building recreational facilities, or a combination of these options.
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. new text begin Municipalities
may offset fees based on the applicant's proposal to reserve a portion of the land for open
space or a park, but is not required to accept the applicant's offer. The value of any portion
dedicated or preserved for park or trail purposes shall be deducted from any cash fee so that
the applicant is not penalized for including open space, recreational, or common areas and
facilities in their development proposal.
new text end

(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. new text begin The municipality must
maintain records detailing the purposes for which the money was obtained and the manner
in which it was spent to further those purposes. The records must be readily available to the
public upon request.
new text end

(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. new text begin The municipality must maintain records demonstrating the manner in which
each cash payment was used.
new text end

(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.