Minnesota Legislature
SF 270
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/02/2012 01:45pm
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A bill for an act
relating to local government; providing for interim planning ordinances;
providing for municipal development contracts; amending Minnesota Statutes
2010, sections 394.34; 462.355, subdivision 4; 462.358, subdivision 2a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 394.34, is amended to read:
394.34 INTERIM ZONING.
new text begin (a) new text end If a county is conducting or in good faith intends to conduct studies within
a reasonable time, or has held or is holding a hearing for the purpose of considering
a comprehensive plan or official controls or an amendment, extension, or addition to
either, or in the event new territory for which no zoning may have been adopted, may be
annexed to a municipality, the boardnew text begin ,new text end in order to protect the public health, safety, and
general welfarenew text begin ,new text end may adopt as an emergency measurenew text begin , after public notice and hearing
and by a two-thirds vote,new text end a temporary interim zoning map or temporary interim zoning
ordinancedeleted text begin ,deleted text end new text begin .new text end The purpose of deleted text begin which shall bedeleted text end new text begin the ordinance or map isnew text end to classify and regulate
uses and related matters as constitutes the emergency. deleted text begin Suchdeleted text end new text begin Thenew text end interim deleted text begin resolution shall
bedeleted text end new text begin ordinance or map isnew text end limited to one year from the date it becomes effective deleted text begin and to
one year to renewal thereafterdeleted text end .
new text begin
(b) Before adopting an interim zoning ordinance or map, the county board must hold
a public hearing. Notice of the public hearing must be published in the county's official
newspaper at least ten days before the hearing.
new text end
new text begin
(c) An interim ordinance or map must not halt, delay, or impede consideration of a
use, development, or subdivision for which a complete application is pending before the
county. The completeness of an application is determined by meeting the requirements of
the county ordinance. An application deemed incomplete must be returned to the applicant
with an explanation detailing the incomplete portions and providing an opportunity to
correct the deficiency. This paragraph does not apply to adult-use businesses or sexually
oriented businesses, as defined by ordinance. This paragraph does not prevent a county
from denying an application if the proposed use is deemed to be a nuisance as defined
in section 561.01.
new text end
Sec. 2.
Minnesota Statutes 2010, section 462.355, subdivision 4, is amended to read:
Subd. 4.
Interim ordinance.
(a) If a municipality is conducting studies or has
authorized a study to be conducted or has held or has scheduled a hearing for the purpose of
considering adoption or amendment of a comprehensive plan or official controls as defined
in section 462.352, subdivision 15, or if new territory for which plans or controls have not
been adopted is annexed to a municipality, the governing body of the municipality may
adoptnew text begin , by a two-thirds vote,new text end an interim ordinance applicable to all deleted text begin or partdeleted text end of its jurisdiction
for the purpose of protecting the planning process and the health, safety and welfare of its
citizens. The interim ordinance may regulate, restrict, or prohibit any use, development, or
subdivision within the jurisdiction deleted text begin or a portion thereofdeleted text end for a period not to exceed one year
from the date it is effective new text begin except as otherwise provided by this subdivisionnew text end .
new text begin
(b) An interim ordinance must not halt, delay, or impede consideration of a
use, development, or subdivision for which a complete application is pending before
the municipality. The completeness of an application is determined by meeting the
requirements of the municipal ordinance. An application deemed incomplete must be
returned to the applicant with an explanation detailing the incomplete portions and
providing an opportunity to correct the deficiency. This paragraph does not apply to
adult-use businesses or sexually oriented businesses, as defined by ordinance. This
paragraph does not prevent a municipality from denying an application if the proposed use
is deemed to be a nuisance as defined in section 561.01.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end deleted text begin If a proposed interim ordinance purports to regulate, restrict, or prohibit
activities relating to livestock productiondeleted text end new text begin For purposes of notice and public hearing
required by this sectionnew text end , a public hearing must be held following a ten-day notice given by
publication in a newspaper of general circulation in the municipality before the interim
ordinance takes effect.
deleted text begin (c)deleted text end new text begin (d)new text end The period of an interim ordinance applicable to an area that is affected by
a city's master plan for a municipal airport may be extended for such additional periods
as the municipality may deem appropriate, not exceeding a total additional period of 18
months. In all other cases, no interim ordinance may halt, delay, or impede a subdivision
that has been given preliminary approval, nor may any interim ordinance extend the
time deadline for agency action set forth in section 15.99 with respect to any application
filed prior to the effective date of the interim ordinance. The governing body of the
municipality may extend the interim ordinance after a public hearing and written findings
have been adopted based upon one or more of the conditions in clause (1), (2), or (3).
The public hearing must be held at least 15 days but not more than 30 days before the
expiration of the interim ordinance, and notice of the hearing must be published at least
ten days before the hearing. The interim ordinance may be extended for the following
conditions and durations, but, except as provided in clause (3), an interim ordinance may
not be extended more than an additional 18 months:
(1) up to an additional 120 days following the receipt of the final approval or review
by a federal, state, or metropolitan agency when the approval is required by law and the
review or approval has not been completed and received by the municipality at least 30
days before the expiration of the interim ordinance;
(2) up to an additional 120 days following the completion of any other process
required by a state statute, federal law, or court order, when the process is not completed at
least 30 days before the expiration of the interim ordinance; or
(3) up to an additional one year if the municipality has not adopted a comprehensive
plan under this section at the time the interim ordinance is enacted.
Sec. 3.
Minnesota Statutes 2010, section 462.358, subdivision 2a, is amended to read:
Subd. 2a.
Terms of regulations.
new text begin (a) new text end 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 flood plains, 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 (b) 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.
new text begin (c) new text end 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.
new text begin (d) new text end 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.
new text begin (e) new text end 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.
new text begin The municipality may not require conditions in the development contract that are not
authorized by statute or mutually agreed upon by all parties to the development contract.
In addition, the amount of financial security for work authorized under the development
contract must have a direct and proportionate relationship to the work to be completed
by the subdivider or subdivider's contractor. At least three days before approval, the
municipality must provide a copy of the complete development contract, including all
exhibits, to the subdivider or contractor. new text end The municipality may enforce such agreements
and conditions by appropriate legal and equitable remedies.