Agenda - Environmental Policy Board - 04/20/2015 - Joint with Planning Comm

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RELEVANT LINKS: Minn. Stat. §462.352subd. 14. Minn. Stat. § 462.358 subd. 1 a. See Handbook, Ch. 7. See Section VII Land dedication for public facilities. Minn. Stat. §462.3582b(b). Minn. Stat. §462.358subd. 3b. See LMC informationmemo, Planning Commission Guide. For more information see Handbook, Ch. 7. See LMC informationmemo, Newspaper Publication. Minn. Stat. §412.191 subd. 4. Minn. Stat. §331A.01 subd. 10. A. Process for adoption Unlike with zoning regulations, cities are not required to hold a public hearing or provide published or mailed notice prior to adopting or amending their subdivision regulations. State statute does not specify any particular or extraordinary voting requirements for subdivision ordinance adoption or amendment. As a result, an ordinance may be adopted and amended by a simple majority vote of the council. Cities should follow their regular publication requirements. If the subdivision regulations require dedication of buildable land for streets, sewers, parks, utilities, recreational facilities, playgrounds, trails, wetlands, or open space, the city must first have in place a capital improvement budget and a parks and open space plan. The parks and open space plan may be a component of the city comprehensive plan. State law does not require planning commission review of subdivision ordinances and ordinance amendments prior to their adoption. However, the city may adopt a policy requiring planning commission review if it prefers. B. Publication In statutory cities, ordinances and ordinance amendments must be published once in the city's official newspaper. A statutory city may, in the alternative, choose to publish a summary of lengthy ordinances, provided that certain legal requirements are met. To publish a summary of an ordinance, the city must meet the following requirements: • The city council makes the determination that publication of the title and a summary of the ordinance would clearly inform the public of the intent and effect of the ordinance. • The city council approves summary publication by a four-fifths vote of its members. • The title and summary conform to Minn Stat. § 331A.01, subd. 10. • The summary includes notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the city clerk and at any other location designated by the council or by standard or electronic mail. • The council approves the text of the summary prior to its publication, and determines that it clearly informs the public of the intent and effect of the ordinance. • A copy of the entire text of the ordinance is posted in the community library or, if no library exists, in any other public location designated by the council. League of Minnesota Cities Information Memo: 4/15/2014 Subdivision Guide for aties Page 10