3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to housing; specifying certain discretionary 1.3 municipal subdivision authority; providing for housing 1.4 fiscal impact notes; amending Minnesota Statutes 2000, 1.5 section 462.358, by adding a subdivision; proposing 1.6 coding for new law in Minnesota Statutes, chapter 462. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2000, section 462.358, is 1.9 amended by adding a subdivision to read: 1.10 Subd. 11. [AFFORDABLE HOUSING.] For the purposes of this 1.11 subdivision, a "development application" means subdivision, 1.12 planned unit development, site plan, or other similar type 1.13 action. If a municipality, in approving a development 1.14 application that provides all or a portion of the units for 1.15 persons and families of low and moderate income, so proposes, 1.16 the applicant may request that provisions authorized by clauses 1.17 (1) to (4) will apply to housing for persons of low and moderate 1.18 income, subject to agreement between the municipality and the 1.19 applicant: 1.20 (1) establishing sales prices or rents for housing 1.21 affordable to low- and moderate-income households; 1.22 (2) establishing maximum income limits for initial and 1.23 subsequent purchasers or renters of the affordable units; 1.24 (3) establishing means, including, but not limited to, 1.25 equity sharing, or similar activities, to maintain the long-term 1.26 affordability of the affordable units; and 2.1 (4) establishing a land trust agreement to maintain the 2.2 long-term affordability of the affordable units. 2.3 Clauses (1) to (3) shall not apply for more than 20 years from 2.4 the date of initial occupancy except where public financing or 2.5 subsidy requires longer terms. 2.6 Sec. 2. [462.3612] [HOUSING FISCAL IMPACT NOTES.] 2.7 Subdivision 1. [DEFINITION.] "Housing fiscal impact" means 2.8 increased or decreased costs that a housing development would 2.9 incur as a result of an official control adopted or amended by a 2.10 municipality after August 1, 2002, that adds to or changes the 2.11 regulation of the location, height, width, bulk, type of 2.12 foundation, number of stories, size of buildings and other 2.13 structures, percentage of the lot occupied, size of yards and 2.14 other open spaces, density and distribution of population, uses 2.15 of buildings, or design of residential housing in a municipality 2.16 that has adopted the State Building Code and is located in a 2.17 county with a population of 30,000 or more. 2.18 Subd. 2. [CONDITIONS; CONTENTS.] The responsible 2.19 municipality may prepare a housing fiscal impact note prior to 2.20 the public hearing on the proposed adoption or amendment of an 2.21 official control. 2.22 The housing fiscal impact note may: 2.23 (1) estimate in dollar amounts the increase or decrease in 2.24 the costs as a result of the municipal proposed action; 2.25 (2) specify long-range implications of the proposed action; 2.26 (3) describe appropriate alternatives to the proposed 2.27 action; and 2.28 (4) discuss the rationale for the proposed change.