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Minn. Stat. §462.358 <br />Sample ordinance <br />language on <br />development <br />agreements <br />Sample development <br />agreement ordinance <br />When the city receives a letter requesting release, the city must either (1) <br />release and return to the applicant any outstanding financial securities within <br />30 days; or (2) provide notice to the developer, within seven days of receipt <br />of the certified letter, that all required conditions for approval have not been <br />met, and provide a list of the specific conditions which have not been <br />completed. <br />If the city does not release and return the securities within 30 days, or <br />provide notice of the reasons why the security is not being released, state <br />statute requires the city to pay any interest accrued on the security to the <br />applicant. <br />B. Development agreements <br />The subdivision ordinance may provide that the city may condition approval <br />of an application on any requirements reasonably related to the city's <br />regulations. These requirements may be reduced to a written contract known <br />as a development agreement. Once executed, a development agreement may <br />be enforced by all legal and equitable remedies in a court of law. <br />Written development agreements are the city's most important tool to <br />enforce the expectations of the city's subdivision regulations. State law does <br />not dictate the contents of a development agreement. Since a development <br />agreement implicates important legal rights for the city, these contracts are <br />typically drafted with the advice and assistance of the city attorney. <br />Development agreements are usually recorded with the county after <br />execution (signing). A typical development agreement will: <br />• Contain a detailed legal description of the property governed by the <br />development agreement. <br />• Set specifications and plans related to any required infrastructure <br />improvements (for example, streets and roads to be installed in the <br />development). <br />• Set timelines and deadlines related to any required infrastructure <br />improvements. <br />• Provide for city access to the development site and require all necessary <br />inspections. <br />• Detail the city's requirements for financial securities related to any <br />infrastructure improvements. <br />• Set procedure for city final inspection and acceptance of required <br />infrastructure improvements. <br />• Set expectations for erosion control, grading, and environmental /tree <br />preservation during development and construction. <br />• Require the developer to clean up and remove dirt and debris from the <br />development upon completion of the development. <br />SUBDIVISION GUIDE FOR CITIES 29 <br />