HF 3302

Conference Committee Report - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; modifying municipal and county planning and
zoning provisions; providing standards for preliminary plat approval in a
proposed development; amending Minnesota Statutes 2004, sections 394.25,
subdivision 7; 462.358, subdivision 3b.

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

Section 1.

Minnesota Statutes 2004, section 394.25, subdivision 7, is amended to read:

Subd. 7.

Specific controls; other subjects.

(a) Specific controls pertaining to other
subjects incorporated in the comprehensive plan or establishing standards and procedures
to be employed in land development including, but not limited to, subdividing of land and
the approval of land plats and the preservation and dedication of streets and land for other
public purposes and the general design of physical improvement.

new text begin (b) If an applicant has met all objective standards required by the county regulations,
preliminary plat approval is presumed. The county bears the burden of showing a
deficiency in the application through clear and convincing evidence.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The controls may require that a portion of any proposed subdivision be
dedicated to the public or preserved for public use as parks, recreational facilities,
playgrounds, trails, wetlands, or open space. The requirement must be imposed by
ordinance.

deleted text begin (c) deleted text end new text begin (d) new text end If a county adopts the ordinance required by paragraph deleted text begin (b) deleted text end new text begin (c) new text end , the county
must adopt a capital improvement program and adopt 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 in paragraphs deleted text begin (d) deleted text end new text begin (e) new text end through deleted text begin (o) deleted text end new text begin (p) new text end .

deleted text begin (d) deleted text end new text begin (e) new text end The county may choose to accept a per lot cash fee as set by ordinance from
the applicant for some or all of the new lots created in the subdivision.

deleted text begin (e) deleted text end new text begin (f) new text end In establishing the portion to be dedicated or preserved or the per lot cash
fee, the controls must consider the open space, park, recreational, or common areas and
facilities that the applicant proposes to reserve for the subdivision.

deleted text begin (f) deleted text end new text begin (g) new text end The county 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.

deleted text begin (g) deleted text end new text begin (h) new text end The fees or dedication must be fair, reasonable, and proportionate to the
need created.

deleted text begin (h) deleted text end new text begin (i) new text end Any cash payments received must be placed by the county in a special fund to
be used only for the purposes for which the money was obtained.

deleted text begin (i) deleted text end new text begin (j) new text end Any cash payments received must be used only for the acquisition and
development or improvement of parks, recreational facilities, playgrounds, trails,
wetlands, or open space. Cash payments must not be used for ongoing operation,
maintenance, or redevelopment of parks, recreational facilities, playgrounds, trails,
wetlands, or open space.

deleted text begin (j) deleted text end new text begin (k) new text end The county must not deny the approval of a subdivision based on an
inadequate supply of parks, open spaces, trails, or recreational areas within the county.

deleted text begin (k) deleted text end new text begin (l) new text end The county must not condition the approval of any proposed subdivision
or development on an agreement to waive the right to challenge the validity of a fee
or dedication.

deleted text begin (l) deleted text end new text begin (m) new text end The county must use at least 75 percent of the funds collected under this
subdivision according to the plan required in paragraph deleted text begin (c) deleted text end new text begin (d) new text end in the township or city
where the collection of funds occurs. However, the township board or city council may
agree to allow the county to use these funds outside of the township or city in a manner
consistent with the county parks, trails, and open space capital improvement plan or the
county parks and open space component in its comprehensive plan. The remainder of the
funds may be used by the county only for parks and trails connectivity and accessibility
purposes. The county must annually report to cities and townships on where funds were
collected and where funds were expended in the past year.

deleted text begin (m) deleted text end new text begin (n) new text end 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.

deleted text begin (n) deleted text end new text begin (o) new text end A county must not require a dedication of a portion of a proposed subdivision
or a payment in lieu of dedication in a town or city that has adopted a requirement
to dedicate or a payment in place of dedication as a provision of the town or city's
subdivision regulations under section 462.358, subdivision 2b, or chapter 366.

deleted text begin (o) deleted text end new text begin (p) new text end A county may negotiate an agreement with a town or city to share the
revenue generated by dedicating a portion of a proposed subdivision or a payment in
place of dedication.

Sec. 2.

Minnesota Statutes 2004, section 462.358, subdivision 3b, is amended to read:

Subd. 3b.

Review procedures.

The regulations shall include provisions regarding
the content of applications for proposed subdivisions, the preliminary and final review
and approval or disapproval of applications, and the coordination of such reviews
with affected political subdivisions and state agencies. Subdivisions including lands
abutting upon any existing or proposed trunk highway, county road or highway, or
county state-aid highway shall also be subject to review. The regulations may provide
for the consolidation of the preliminary and final review and approval or disapproval
of subdivisions. Preliminary or final approval may be granted or denied for parts of
subdivision applications. new text begin If an applicant has met all objective standards required by the
regulations, preliminary plat approval is presumed. The municipality bears the burden
of showing a deficiency in the application through clear and convincing evidence. new text end The
regulations may delegate the authority to review proposals to the planning commission,
but final approval or disapproval shall be the decision of the governing body of the
municipality unless otherwise provided by law or charter. The regulations shall require
that a public hearing shall be held on all subdivision applications prior to preliminary
approval, unless otherwise provided by law or charter. The hearing shall be held following
publication of notice of the time and place thereof in the official newspaper at least ten
days before the day of the hearing. At the hearing, all persons interested shall be given
an opportunity to make presentations. A subdivision application shall be preliminarily
approved or disapproved within 120 days following delivery of an application completed
in compliance with the municipal ordinance by the applicant to the municipality, unless
an extension of the review period has been agreed to by the applicant. When a division
or subdivision to which the regulations of the municipality do not apply is presented to
the city, the clerk of the municipality shall within ten days certify that the subdivision
regulations of the municipality do not apply to the particular division.

If the municipality or the responsible agency of the municipality fails to preliminarily
approve or disapprove an application within the review period, the application shall
be deemed preliminarily approved, and upon demand the municipality shall execute
a certificate to that effect. Following preliminary approval the applicant may request
final approval by the municipality, and upon such request the municipality shall certify
final approval within 60 days if the applicant has complied with all conditions and
requirements of applicable regulations and all conditions and requirements upon which
the preliminary approval is expressly conditioned either through performance or the
execution of appropriate agreements assuring performance. If the municipality fails to
certify final approval as so required, and if the applicant has complied with all conditions
and requirements, the application shall be deemed finally approved, and upon demand the
municipality shall execute a certificate to that effect. After final approval a subdivision
may be filed or recorded.