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iii.Fee ordinances and fee schedules <br />Generally, cities must adopt fees byordinance. However, there is a statutory <br />Minn. Stat. § 462.353 <br />subd 4 (c),(a) <br />exception to this general requirement. Cities that collect an annual <br />cumulative total of $5,000 or less of land use fees may adopt a fee schedule <br />Sample fee schedule <br />by ordinance or by resolution after holding a public hearing. Noticemust be <br />published at least 10 days before the public hearing. Cities that collect an <br />annual cumulative total in excess of $5,000 of land use fees may also adopt a <br />fee schedule if they wish, but they may only do so by ordinance, after <br />following the same notice and hearing procedures. <br />Jan.1 is set by statute as the standard effective date for changes to fee <br />ordinances.Acity may set a different effective date, butthe new fee <br />ordinance must not apply to a project if its application for final approval was <br />submitted before the ordinance was adopted. <br />iv.Fee disputes <br />If a dispute arises over a specific fee imposed by a city related to a specific <br />Minn. Stat. § 462.353 <br />subd 4 (d) <br />application, the applicant may appeal the fee to district court. The applicant <br />must provide notice to the city of the appeal by certified letter and place the <br />disputed fee in an escrow account. After notice and deposit, the application <br />must be processed as if the fee had been paid. The appeal must be brought <br />within 60 days after approval of application and deposit of the fee into <br />escrow. <br />B.Preliminary plat review <br />The city subdivision ordinance must establish the process for review of <br />applications. Cities have discretion in determining the process that they <br />However, the subdivision statute generally requires <br />would like to use. <br />Minn. Stat. § 462.358 <br />3b <br />cities to follow a two-step process in the administration of city <br />subdivision regulations. First, the landowner applies for preliminary plat <br />Minn. Stat. § 462.358 <br />approval, and then subsequently for final plat approval. Cities may also <br />3b; Minn. Stat. § <br />opt to consolidate these two reviews and/or provide for administrative <br />505.03 subd 1 <br />review of plats that delineate existing parcels and minor subdivisions. <br />See Section IV-H <br />Minor subdivisions <br />However, the two-step process is the most widely used process. <br />Generally for preliminary plat approval, the applicant will submit to the city <br />Sample ordinance on <br />application <br />a plat and various concept drawings as required by city ordinance. Some <br />requirements <br />cities require applicants to meet with staff for a “pre-application” review, <br />prior to the filing of the preliminary plat application. This internal review <br />allows staff to inform applicants of the city’s expectations and ordinance <br />requirements. <br />18LMC <br />EAGUE OF INNESOTA ITIES <br /> <br />