2006 Minnesota Statutes

462.3535 COMMUNITY-BASED PLANNING.
    Subdivision 1. General. Each municipality is encouraged to prepare and implement a
community-based comprehensive municipal plan. A community-based comprehensive municipal
plan is a comprehensive plan that is consistent with the goals of community-based planning in
section 4A.08.
    Subd. 2. Coordination. A municipality that prepares a community-based comprehensive
municipal plan shall coordinate its plan with the plans, if any, of the county and the municipality's
neighbors both in order to prevent the plan from having an adverse impact on other jurisdictions
and to complement the plans of other jurisdictions. The municipality shall prepare its plan to be
incorporated into the county's community-based comprehensive plan, if the county is preparing or
has prepared one, and shall otherwise assist and cooperate with the county in its community-based
planning.
    Subd. 3. Joint planning. Under the joint exercise of powers provisions in section 471.59,
a municipality may establish a joint planning district with other municipalities or counties that
are geographically contiguous, to adopt a single community-based comprehensive plan for the
district. A municipality may delegate its authority to adopt official controls under sections
462.351 to 462.364, to the board of the joint planning district.
    Subd. 4. Cities; urban growth areas. (a) The community-based comprehensive municipal
plan for a statutory or home rule charter city, and official controls to implement the plan, must at a
minimum, address any urban growth area identified in a county plan and may establish an urban
growth area for the urbanized and urbanizing area. The city plan must establish a staged process
for boundary adjustment to include the urbanized or urbanizing area within corporate limits as the
urban growth area is developed and provided municipal services.
(b) Within the urban growth area, the plan must provide for the staged provision of
urban services, including, but not limited to, water, wastewater collection and treatment, and
transportation.
    Subd. 5. Urban growth area boundary adjustment process. (a) After an urban growth area
has been identified in a county or city plan, a city shall negotiate, as part of the comprehensive
planning process and in coordination with the county, an orderly annexation agreement with
the townships containing the affected unincorporated areas located within the identified urban
growth area. The agreement shall contain a boundary adjustment staging plan that establishes
a sequencing plan over the subsequent 20-year period for the orderly growth of the city based
on its reasonably anticipated development pattern and ability to extend municipal services into
designated unincorporated areas located within the identified urban growth area. The city shall
include the staging plan agreed upon in the orderly annexation agreement in its comprehensive
plan. Upon agreement by the city and town, prior adopted orderly annexation agreements may
be included as part of the boundary adjustment plan and comprehensive plan without regard to
whether the prior adopted agreement is consistent with this section. When either the city or town
requests that an existing orderly annexation agreement affecting unincorporated areas located
within an identified or proposed urban growth area be renegotiated, the renegotiated plan shall be
consistent with this section.
(b) After a city's community-based comprehensive plan is approved under this section, the
orderly annexation agreement shall be filed with the municipal board or its successor agency.
Thereafter, the city may orderly annex the part or parts of the designated unincorporated area
according to the sequencing plan and conditions contained in the negotiated orderly annexation
agreement by submitting a resolution to the municipal board or its successor agency. The
resolution shall specify the legal description of the area designated pursuant to the staging plan
contained in the agreement, a map showing the new boundary and its relation to the existing
city boundary, a description of and schedule for extending municipal services to the area, and
a determination that all applicable conditions in the agreement have been satisfied. Within 30
days of receipt of the resolution, the municipal board or its successor shall review the resolution
and if it finds that the terms and conditions of the orderly annexation agreement have been met,
shall order the annexation. The boundary adjustment shall become effective upon issuance of an
order by the municipal board or its successor. The municipal board or its successor shall cause
copies of the boundary adjustment order to be mailed to the secretary of state, Department of
Revenue, state demographer, and Department of Transportation. No further proceedings under
chapter 414 or 572A shall be required to accomplish the boundary adjustment. This section
provides the sole method for annexing unincorporated land within an urban growth area, unless
the parties agree otherwise.
(c) If a community-based comprehensive plan is updated, the parties shall renegotiate the
orderly annexation agreement as needed to incorporate the adjustments and shall refile the
agreement with the municipal board or its successor.
    Subd. 6. Review by adjacent municipalities; conflict resolution. Before a
community-based comprehensive municipal plan is incorporated into the county's plan under
section 394.232, subdivision 3, a municipality's community-based comprehensive municipal plan
must be coordinated with adjacent municipalities within the county. As soon as practical after the
development of a community-based comprehensive municipal plan, the municipality shall provide
a copy of the draft plan to adjacent municipalities within the county for review and comment. An
adjacent municipality has 30 days after receipt to review the plan and submit written comments.
    Subd. 7. County review. (a) If a city does not plan for growth beyond its current boundaries,
the city shall submit its community-based comprehensive municipal plan to the county for review
and comment. A county has 60 days after receipt to review the plan and submit written comments
to the city. The city may amend its plan based upon the county's comments.
(b) If a town prepares a community-based comprehensive plan, it shall submit the plan to
the county for review and comment. As provided in section 394.33, the town plan may not be
inconsistent with or less restrictive than the county plan. A county has 60 days after receipt to
review the plan and submit written comments to the town. The town may amend its plan based
on the county's comment.
    Subd. 8. County approval. (a) If a city plans for growth beyond its current boundaries, the
city's proposed community-based comprehensive municipal plan and proposed urban growth area
must be reviewed and approved by the county before the plan is incorporated into the county's
plan. The county may review and provide comments on any orderly annexation agreement during
the same period of review of a comprehensive plan.
(b) Upon receipt by the county of a community-based comprehensive plan submitted by a
city for review and approval under this subdivision, the county shall, within 60 days of receipt of
a city plan, review and approve the plan in accordance with this subdivision. The county shall
review and approve the city plan if it is consistent with the goals stated in section 4A.08.
(c) In the event the county does not approve the plan, the county shall submit its comments
to the city within 60 days. The city may, thereafter, amend the plan and resubmit the plan to the
county. The county shall have an additional 60 days to review and approve a resubmitted plan.
In the event the county and city are unable to come to agreement, either party may initiate the
dispute resolution process contained in chapter 572A. Within 30 days of receiving notice that the
other party has initiated dispute resolution, the city or county shall send notice of its intent to enter
dispute resolution. If the city refuses to enter the dispute resolution process, it must refund any
grant received from the county for community-based planning activities.
    Subd. 9. Plan adoption. The municipality shall adopt and implement the community-based
comprehensive municipal plan after the Office of Strategic and Long-Range Planning has
reviewed and commented on the county's plan that incorporates the municipality's plan. The
municipality shall thereafter, where it deems appropriate, incorporate any comments made by the
office into its plan and adopt the plan.
    Subd. 10. No mandamus proceeding. A mandamus proceeding may not be instituted against
a municipality under this section to require the municipality to conform its community-based
comprehensive plan to be consistent with the community-based planning goals in section 4A.08.
History: 1997 c 202 art 4 s 10