Agenda - Planning Commission - 04/20/2015 - Joint with EPB

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RELEVANT LINKS: Minn. Stat. §462.358subd. 2a. For more information on improvements see Section VI Public improvement requirements. For more information on development agreements see Section VI -B Development agreements. Sample environmental preservation ordinance. Minn. Stat. § 462.358 subd. 3b. Minn. Stat. § 505.03 subd. 1. Sample ordinance and forms for minor subdivisions. See Section V -H Minor subdivisions. Minn. Stat. §§ 462351 to 462.365. Hubbard Broadcasting, Inc. v. City of Afton, 323N.W.2d 757, (Minn. 1982). DIMA Corp. v. City of St. Cloud, 562 N.W .2d 312 (Minn. Ct. App. 1997.). Nordmarken v. City of Richfield, 641 N.W2d 343 (Minn. Ct.App.2002). 8. Required improvements and development agreements Cities may condition approval of a subdivision upon the developer's agreement to construct and provide needed public improvements such as streets, utilities, and similar improvements. This agreement should be formalized in a written development agreement. 9. Environmental concerns and natural resource protection Many cities utilize their subdivision ordinance to preserve trees, soils, wetlands, and other natural features during the development process. Where development requires the removal of natural features, cities may require replacement or other mitigation. 10. Minor subdivisions State statute allows cities to adopt ordinance provisions that consolidate the preliminary and final plat approval process. Sometimes this is referred to as a "minor subdivision." State statute also allows cities to approve subdivisions without requiring the expense of a formal plat, in instances where the subdivision of land results in less than five lots that are more than 2 1/2 acres in size. This is also sometimes called a "minor subdivision." Cities may opt to do one or both in their ordinance. C. Legal standards in drafting subdivision ordinances City subdivision ordinances may differ greatly from city to city to reflect the concerns and development goals of the city. However, all city subdivision ordinances must conform to legal standards in state and federal statute. In addition, cities' ordinances must be consistent with state and federal court rulings. 1. Municipal Planning Act All city subdivision authority is granted to cities by and subject to the Municipal Planning Act found at Minn Stat. ch. 462. Ordinances may vary from city to city, but all must comply with both the substantive and procedural requirements contained in the Municipal Planning Act. League of Minnesota Cities Information Memo: 4/15/2014 Subdivision Guide for aties Page 7