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

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RELEVANT LINKS: See Sect ion II -B, Extra- territorial application. Minn. Stat. § 462.358 subd. 2a. Sample public improvement ordinance. See Section VI—B Development agreements. When a city has opted to enforce its subdivision regulations extra - territorially within a town, it must file copies of approved subdivisions in the regulated area with the neighboring town. VI. Public improvement requirements The city subdivision ordinance may condition approval of an application upon the construction and installation of needed public improvements for the subdivision such as: • Drainage facilities. • Streets. • Electric, gas, sewer, water, and similar utilities. • Similar improvements. The city may require that the developer install the improvements to the city's specifications as detailed in the subdivision ordinance. For example, the city may wish to specify the width and composition of any streets installed by the developer. In addition, in order to ensure that the improvements are installed correctly and completely, the city may condition approval upon: • Providing a cash deposit, certified check, irrevocable letter of credit, bond, or some other type of financial security in an amount sufficient to ensure that the required improvements will be completed as specified. • The signing of a development agreement between the city and the developer, which may be enforced by legal and equitable remedies in a court. Cities are not required to condition approval upon developer installation of needed improvements. Cities may also install the improvement themselves. Often these cities recoup the cost through special assessments on the newly subdivided parcels. Cities may prefer to install improvements on their own because it gives the city direct control and supervision of a public improvement project, rather than simply inspecting the work of a third -party developer. However, there are some risks to this approach that should be considered by the city. Specifically, when a city installs significant public improvements in a new development, it typically expects to recoup its costs through special assessments from buyers of the subdivided parcels in the development once the project is completed. However, the city might experience unexpected delays in cost recovery from assessments if League of Minnesota Cities Information Memo: Subdivision Guide for aties 4/15/2014 Page 23