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<br />MINNESOTA STATUTES 2014 462.358
<br />462.358 OFFICIAL CONTROLS: SUBDIVISION REGULATION; DEDICATION.
<br />Subdivision 1. Repealed, 1980 c 566 s 35]
<br />Subd. la. Authority. To protect and promote the public health, safety, and general welfare, to provide
<br />for the orderly, economic, and safe development of land, to preserve agricultural lands, to promote
<br />the availability of housing affordable to persons and families of all income levels, and to facilitate
<br />adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other
<br />public services and facilities, a municipality may by ordinance adopt subdivision regulations establishing
<br />standards, requirements, and procedures for the review and approval or disapproval of subdivisions. The
<br />regulations may contain varied provisions respecting, and be made applicable only to, certain classes or
<br />kinds of subdivisions. The regulations shall be uniform for each class or kind of subdivision.
<br />A municipality may by resolution extend the application of its subdivision regulations to unincorporated
<br />territory located within two miles of its limits in any direction but not in a town which has adopted sub-
<br />division regulations; provided that where two or more noncontiguous municipalities have boundaries less
<br />than four miles apart, each is authorized to control the subdivision of land equal distance from its boundaries
<br />within this area.
<br />Subd. 2. Repealed, 1980 c 566 s 35]
<br />Subd. 2a. Terms of regulations. The standards and requirements in the regulations may address without
<br />limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails,
<br />walkways, curbs and gutters, water supply, storm drainage, lighting, sewers, electricity, gas, and other
<br />utilities; the planning and design of sites; access to solar energy; and the protection and conservation of flood
<br />plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features. The reg-
<br />ulations shall require that subdivisions be consistent with the municipality's official map if one exists and its
<br />zoning ordinance, and may require consistency with other official controls and the comprehensive plan. The
<br />regulations may prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent with
<br />the comprehensive plan and the purposes of this section, particularly the preservation of agricultural lands.
<br />The regulations may prohibit, restrict or control development for the purpose of protecting and assuring
<br />access to direct sunlight for solar energy systems. The regulations may prohibit the issuance of permits or
<br />approvals for any tracts, lots, or parcels for which required subdivision approval has not been obtained.
<br />The regulations may permit the municipality to condition its approval on the construction and in-
<br />stallation of sewers, streets, electric, gas, drainage, and water facilities, and similar utilities and im-
<br />provements or, in lieu thereof, on the receipt by the municipality of a cash deposit, certified check, ir-
<br />revocable letter of credit, bond, or other financial security in an amount and with surety and conditions
<br />sufficient to assure the municipality that the utilities and improvements will be constructed or installed
<br />according to the specifications of the municipality. Sections 471.345 and 574.26 do not apply to im-
<br />provements made by a subdivider or a subdivider's contractor.
<br />A municipality may require that an applicant establish an escrow account or other financial security
<br />for the purpose of reimbursing the municipality for direct costs relating to professional services provided
<br />during the review, approval and inspection of the project. A municipality may only charge the applicant a
<br />rate equal to the value of the service to the municipality. Services provided by municipal staff or contract
<br />professionals must be billed at an established rate.
<br />When the applicant vouches, by certified letter to the municipality, that the conditions required by the
<br />municipality for approval under this subdivision have been satisfied, the municipality has 30 days to release
<br />Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
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