HF 3451

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to municipal planning; providing standards for dedication of land to the
public in a proposed development; amending Minnesota Statutes 2004, section
462.358, subdivision 2b.

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

Section 1.

Minnesota Statutes 2004, section 462.358, subdivision 2b, is amended to
read:

Subd. 2b.

Dedication.

(a) The regulations may require that a reasonable portion
of new text begin the buildable land, as defined by municipal ordinance, of new text end 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 new text begin , 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 new text end .

deleted text begin (b) In addition, the regulations may require that a reasonable portion of any proposed
subdivision be dedicated to the public or preserved for conservation purposes or for
public use as parks, recreational facilities as defined and outlined in section 471.191,
playgrounds, trails, wetlands, or open space; provided that (1) the municipality may
choose to accept an equivalent amount in cash from the applicant for part or all of the
portion required to be dedicated to such public uses or purposes based on the fair market
value of the land no later than at the time of final approval, (2) any cash payments received
shall be placed in a special fund by the municipality used only for the purposes for which
the money was obtained, and may not be used for ongoing operation or maintenance, (3) in
establishing the reasonable portion to be dedicated, the regulations may consider the open
space, park, recreational, or common areas and facilities which the applicant proposes to
reserve for the subdivision, and (4) the municipality reasonably determines that it will
need to acquire that portion of land for the purposes stated in this paragraph as a result
of approval of the subdivision. The basis for calculating the amount to be dedicated or
preserved must be established by ordinance or pursuant to the procedures established in
section 462.353, subdivision 4a. deleted text end new text begin (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).
new text end

new text begin (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 fair market
value of the land, no later than at the time of final approval.
new text end

new text begin (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 end

new text begin (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.
new text end

new text begin (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 end

new text begin (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 end

new text begin (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.
new text end

new text begin (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.
new text end

Sec. 2. new text begin DEDICATION FEE.
new text end

new text begin The Minneapolis Park and Recreation Board and the Minneapolis City Council
may jointly exercise the powers conferred under Minnesota Statutes, section 462.358,
with respect to requiring that a reasonable portion of land be dedicated to the public or
imposing a dedication fee on new housing units in the city, wherever located, for public
parks, playgrounds, recreational facilities, wetlands, or open space. The dedication of land
or dedication fee must be imposed by an ordinance jointly enacted by the park board and
the city council. The ordinance may exclude senior housing and affordable housing from
paying the fee or the dedication of land. The provisions of Minnesota Statutes, section
462.358, subdivisions 2b, paragraph (b), and 2c, apply to the imposition, application, and
use of the dedication of land or the dedication fee.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Section 2 is effective upon compliance by the Minneapolis Park and Recreation
Board and the Minneapolis City Council with Minnesota Statutes, section 645.021.
new text end