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

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RELEVANT LINKS: Minn. Stat. § 462.358 subd.2b. Collis v. City of Bloomington, 310 Minn. 5, 246 N.W.2d 19 (Minn. 1976). Middlemisty. City of Plymouth, 3 87 N. W.2d 190 (Minn. Ct. App. 1986). Kottschade v. City of Rochester, 537N.W.2d301 (Minn. Ct. App. 1995). Sample land dedication ordinance. • Require payment of park and trail dedication fees and sewer/water access charges. • Provide legal descriptions for any dedicated land and require the exchange of deeds or granting of easements as necessary. • Require the developer to warrant work related to public infrastructure for a period of years after the development. This usually includes streets and utilities, but may also include sod, plantings, play equipment, and required tree plantings. • Require the developer to maintain liability insurance in an appropriate amount during the development and construction period. • Require the developer to hold the city harmless and indemnify the city from all third -party claims related to the development. • Set provisions for dealing with any potential default by the developer under the agreement. For example, allowing the city to step in and complete all agreed -to improvements, using money from a letter of credit or other financial security. • Prohibit the issuance of building permits or occupation of any structures within a development until all public infrastructure is completed and accepted by the city. A development agreement prepared by the city attorney is often the most efficient and best method to ensure that the city's regulations are followed by a developer. In addition, a development agreement can provide the city with a measure of protection against the threat of developer insolvency or bankruptcy. Finally, a well written agreement (with attention to issues of financial security) can protect the city from developers who fail to complete public improvements or abide by city requirements. VII. Land dedication for public facilities A subdivision ordinance may require a subdivision applicant to dedicate a reasonable portion of land within the development to the public to address infrastructure needs created by the development. Cities may require dedication of land to the public for numerous uses including: • Streets, roads and alleys. • Water, sewer, and similar facilities. • Gas, electric, and similar facilities. • Stormwater drainage and hold areas or ponds. • Parks, recreational facilities, and playgrounds. • Trails and sidewalks. League of Minnesota Cities Information Memo: 4/15/2014 Subdivision Guide for aties Page 26