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

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RELEVANT LINKS: Minn. Stat. §462.358subd. 2b (fl, (g). Minn. Stat. § 462.353 subd. 4 (d). Minn. Stat. §462.358 subd. 2c(b). Minn. Stat. §462.358subd. 2c(c). Minn. Stat. §462.361. Minn. Stat. §462.358subd. 4a. Prior to adoption of the resolution, the city must hold a public hearing on the fee schedule with 10 days published notice. Cities that collect over $5,000 in land use fees per year may also use a fee schedule. However, the fee schedule must be adopted in ordinance form, following a public hearing for which there has been 10 days published notice. 3. Fee accounting and disputes Park dedication fees must be placed in a special, segregated fund. Park dedication fees can only be used for the acquisition, development, and improvement of parks, recreational facilities, playgrounds, trails, wetland, and open space based upon the city -approved park systems plan. Park dedication fees cannot be used for the city operational or maintenance costs, such as lawn mowing or garbage pick-up. a. Fee disputes Cities may not condition approval of a subdivision application upon a waiver of applicant rights to challenge city fees in a law suit. An applicant who disputes a park dedication fee, may request that the application be processed as if the fee had been paid. An applicant who disputes a fee, but still wishes to have the application processed must do all of the following: • Provide written notice to the city of his or her dispute over the city's fee. • Place in escrow for the city the disputed fee amount. • File an appeal in court of the city's fee using the procedures specified in statute within 60 days of the approval/denial of the application. If an applicant does not appeal the fee by filing suit in a court of law within 60 days following approval/denial or if the applicant appeals but does not prevail in his or her request to have the fee overturned, the fee held in the escrow account must be paid to the city. VIII.Subdivision ordinance enforcement Cities have numerous strong tools to enforce the requirements of their subdivision ordinances. Some of these tools are discussed here. A. Sellers and buyers disclosure requirements Whenever a landowner seeks to convey land (through a metes and bounds description or in reference to a plat) that has not previously been filed or recorded, state law requires the seller to make certain disclosures to protect buyers from illegal subdivisions. League of Minnesota Cities Information Memo: 4/15/2014 Subdivision Guide for aties Page 29