SF 2365

as introduced - 91st Legislature (2019 - 2020) Posted on 03/14/2019 08:34am

A bill for an act
relating to local and metropolitan government; defining conflict for the purposes
of planning and zoning; amending Minnesota Statutes 2018, sections 394.24,
subdivision 1; 462.357, subdivision 2; 462.358, subdivision 2a; 473.858,
subdivision 1; 473.865, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2018, section 394.24, subdivision 1, is amended to read:

Subdivision 1.

Adopted by ordinance.

Official controls which shall further the purpose
and objectives of the comprehensive plan and parts thereof shall be adopted by ordinance.
The comprehensive plan must provide guidelines for the timing and sequence of the adoption
of official controls to ensure planned, orderly, and staged development and redevelopment
consistent with the comprehensive plan. new text begin Official controls do not conflict with a
comprehensive plan if they permit all of the uses that are permitted or required in the
comprehensive plan at the densities permitted or required by the comprehensive plan, and
they prohibit all of the uses that are expressly prohibited by the comprehensive plan.
new text end

Sec. 2.

Minnesota Statutes 2018, section 462.357, subdivision 2, is amended to read:

Subd. 2.

General requirements.

(a) At any time after the adoption of a land use plan
for the municipality, the planning agency, for the purpose of carrying out the policies and
goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the
governing body with its recommendations for adoption.

(b) Subject to the requirements of subdivisions 3, 4, and 5, the governing body may
adopt and amend a zoning ordinance by a majority vote of all its members. The adoption
or amendment of any portion of a zoning ordinance which changes all or part of the existing
classification of a zoning district from residential to either commercial or industrial requires
a two-thirds majority vote of all members of the governing body.

(c) The land use plan must provide guidelines for the timing and sequence of the adoption
of official controls to ensure planned, orderly, and staged development and redevelopment
consistent with the land use plan. new text begin Official controls do not conflict with a land use plan if
they permit all of the uses that are permitted or required in the land use plan at the densities
permitted or required by the land use plan, and they prohibit all of the uses that are expressly
prohibited by the land use plan.
new text end

Sec. 3.

Minnesota Statutes 2018, section 462.358, subdivision 2a, is amended to read:

Subd. 2a.

Terms of regulations.

The standards and requirements in the regulations may
address without limitation: the size, location, grading, and improvement of lots, structures,
public areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage,
lighting, sewers, electricity, gas, and other utilities; the planning and design of sites; access
to solar energy; and the protection and conservation of floodplains, shore lands, soils, water,
vegetation, energy, air quality, and geologic and ecologic features. The regulations shall
require that subdivisions be consistent with the municipality's official map if one exists and
its zoning ordinance, and may require consistency with other official controls and the
comprehensive plan. The regulations may prohibit certain classes or kinds of subdivisions
in areas where prohibition is consistent with the comprehensive plan and the purposes of
this section, particularly the preservation of agricultural lands. The regulations may prohibit,
restrict or control development for the purpose of protecting and assuring access to direct
sunlight for solar energy systems. The regulations may prohibit the issuance of permits or
approvals for any tracts, lots, or parcels for which required subdivision approval has not
been obtained.

new text begin Regulations do not conflict with a comprehensive plan if they permit all of the uses that
are permitted or required in the comprehensive plan at the densities permitted or required
by the comprehensive plan, and they prohibit all of the uses that are expressly prohibited
by the comprehensive plan.
new text end

The regulations may permit the municipality to condition its approval on the construction
and installation of sewers, streets, electric, gas, drainage, and water facilities, and similar
utilities and improvements or, in lieu thereof, on the receipt by the municipality of a cash
deposit, certified check, irrevocable letter of credit, bond, or other financial security in an
amount and with surety and conditions sufficient to assure the municipality that the utilities
and improvements will be constructed or installed according to the specifications of the
municipality. Sections 471.345 and 574.26 do not apply to improvements made by a
subdivider or a subdivider's contractor.

A municipality may require that an applicant establish an escrow account or other
financial security for the purpose of reimbursing the municipality for direct costs relating
to professional services provided during the review, approval and inspection of the project.
A municipality may only charge the applicant a rate equal to the value of the service to the
municipality. Services provided by municipal staff or contract professionals must be billed
at an established rate.

When the applicant vouches, by certified letter to the municipality, that the conditions
required by the municipality for approval under this subdivision have been satisfied, the
municipality has 30 days to release and return to the applicant any and all financial securities
tied to the requirements. If the municipality fails to release and return the letters of credit
within the 30-day period, any interest accrued will be paid to the applicant. If the municipality
determines that the conditions required for approval under this subdivision have not been
satisfied, the municipality must send written notice within seven business days upon receipt
of the certified letter indicating to the applicant which specific conditions have not been
met. The municipality shall require a maintenance or performance bond from any
subcontractor that has not yet completed all remaining requirements of the municipality.

The regulations may permit the municipality to condition its approval on compliance
with other requirements reasonably related to the provisions of the regulations and to execute
development contracts embodying the terms and conditions of approval. The municipality
may enforce such agreements and conditions by appropriate legal and equitable remedies.

Sec. 4.

Minnesota Statutes 2018, section 473.858, subdivision 1, is amended to read:

Subdivision 1.

No conflicting zoning, fiscal device, official control.

Within nine months
following the receipt of a metropolitan system statement for an amendment to a metropolitan
system plan and within three years following the receipt of a metropolitan system statement
issued in conjunction with the decennial review required under section 473.864, subdivision
2, every local governmental unit shall have reviewed and, if necessary, amended its
comprehensive plan in accordance with sections 462.355, 473.175, and 473.851 to 473.871
and the applicable planning statute and shall have submitted the plan to the Metropolitan
Council for review pursuant to section 473.175. The provisions of sections 462.355, 473.175,
and 473.851 to 473.871 shall supersede the provisions of the applicable planning statute
wherever a conflict may exist. If the comprehensive municipal plan is in conflict with the
zoning ordinance, the zoning ordinance shall be brought into conformance with the plan by
local government units in conjunction with the review and, if necessary, amendment of its
comprehensive plan required under section 473.864, subdivision 2. A local government
unit shall not adopt any fiscal device or official control which is in conflict with its
comprehensive plan, including any amendments to the plan, or which permits activity in
conflict with metropolitan system plans, as defined by section 473.852, subdivision 8. The
comprehensive plan shall provide guidelines for the timing and sequence of the adoption
of official controls to ensure planned, orderly, and staged development and redevelopment
consistent with the comprehensive plan. deleted text begin For purposes of this section, a fiscal device or
official control shall not be considered to be in conflict with a local government unit's
comprehensive plan or to permit an activity in conflict with metropolitan system plans if
such fiscal device or official control is adopted to ensure the planned, orderly, and staged
development of urbanization or redevelopment areas designated in the comprehensive plan
pursuant to section 473.859, subdivision 5. deleted text end new text begin Fiscal devices and official controls do not conflict
with a comprehensive plan if they permit all of the uses that are permitted or required in
the comprehensive plan at the densities permitted or required by the comprehensive plan,
and they prohibit all of the uses that are expressly prohibited by the comprehensive plan.
new text end

Sec. 5.

Minnesota Statutes 2018, section 473.865, subdivision 2, is amended to read:

Subd. 2.

No conflict with plans.

A local governmental unit shall not adopt any official
control or fiscal device which is in conflict with its comprehensive plan or which permits
activity in conflict with metropolitan system plans. new text begin Fiscal devices and official controls do
not conflict with a comprehensive plan if they permit all of the uses that are permitted or
required in the comprehensive plan at the densities permitted or required by the
comprehensive plan, and they prohibit all of the uses that are expressly prohibited by the
comprehensive plan.
new text end

Sec. 6.

Minnesota Statutes 2018, section 473.865, subdivision 3, is amended to read:

Subd. 3.

Amendments.

If an official control conflicts with a comprehensive plan as the
result of an amendment to the plan, the official control shall be amended by the unit within
nine months following the amendment to the plan new text begin or within 60 days of the submission of a
development application that is not in conflict with the comprehensive plan, whichever
occurs first, new text end so as to not conflict with the amended comprehensive plan.

Sec. 7. new text begin APPLICATION.
new text end

new text begin Sections 4 to 6 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end