as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2020 03:37pm
A bill for an act
relating to counties; prohibiting fees for geographic information systems; amending
Minnesota Statutes 2018, section 394.25, subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 394.25, subdivision 7, is amended to read:
(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.
(b) A county must approve a preliminary plat that meets the applicable standards and
criteria contained in the county's zoning and subdivision regulations unless the county adopts
written findings based on a record from the public proceedings why the application shall
not be approved.
(c) 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.
(d) If a county adopts the ordinance required by paragraph (c), 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 (e) deleted text beginthrough (p)deleted text endnew text beginnew text end.
(e) 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.
(f) 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.
(g) 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.
(h) The fees or dedication must be fair, reasonable, and proportionate to the need created.
(i) 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.
(j) 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.
(k) 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.
(l) 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
(m) The county must use at least 75 percent of the funds collected under this subdivision
according to the plan required in paragraph (d) 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.
(n) 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.
(o) new text beginnew text end
new text beginnew text endA 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 (p)deleted text end new text beginnew text endA 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