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2.Fee schedules <br />Park dedication fees may generally be imposed only by ordinance. However, <br />cities that collect less than $5,000 per year in land use and development fees <br />Minn. Stat. §462.353 <br />subd 4a <br />(this includes all subdivision and zoning fees) may use a fee schedule <br />adopted by city resolution. Prior to adoption of the resolution, the city must <br />See LMC information <br />hold a public hearing on the fee schedule with 10days published notice. <br />Newspaper <br />memo, <br />Cities that collect over $5,000 in land use fees per year may also use a fee <br />Publication <br />schedule. However, the fee schedule must be adopted in ordinance form, <br />following a public hearing for which there has been 10days published <br />notice. <br />3.Fee accounting and disputes <br />Park dedication fees must be placed in a special, segregated fund. Park <br />Minn. Stat. §462.358 <br />subd 2b (f), (g) <br />dedication fees can only be used for the acquisition, development,and <br />improvement of parks, recreational facilities, playgrounds, trails, wetland, <br />and open space based upon the city-approved park systems plan. Park <br />dedication fees cannot be used for the city operational or maintenance costs, <br />such as lawn mowing or garbage pick-up. <br />a.Fee disputes <br />Cities may not condition approval of a subdivision application upon a waiver <br />Minn. Stat. § 462.353 <br />subd 4 (d);Minn. Stat. <br />of applicant rights to challenge city fees in a law suit. <br />§ 462.358 subd 2c(b) <br />An applicant who disputes a park dedication fee, may request that the <br />Minn. Stat. § 462.358 <br />subd 2c(c) <br />application be processed as if the fee had been paid. Anapplicant who <br />disputes a fee, but still wishes to have the application processed mustdo all <br />of the following: <br />Provide written notice to the city of his or her dispute over the city’s fee. <br />Place in escrow for the city the disputed fee amount. <br />Minn. Stat. § 462.361 <br />File an appeal in court of the city’s fee using the procedures specified in <br />statute within 60 days of the approval/denial of the application. <br />If an applicant does not appeal the fee by filing suit in a court of law within <br />60 days following approval/denial or if the applicant appeals but does not <br />prevail in his or her request to have the fee overturned,the fee held in the <br />escrow account must be paid to the city. <br />‘ <br />VII.Subdivision ordinance <br />enforcement <br />Cities have numerous strong tools to enforce the requirements of their <br />subdivision ordinances.Some of these tools are discussed here. <br />SGC33 <br />UBDIVISION UIDE FOR ITIES <br /> <br />