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Mi~mesota Session Laws 2004, Chapter I78 Page 1. of 3 <br /> <br />Minnesota Statutes and Session Laws <br /> <br />Minnesota Session Laws - 2004 <br /> <br />Key: tanguagc to bc d-cl'ctc'J...new lan ugggg~ Change language enhancement dispgg_lay. <br /> <br />_L_egislative history__ and Authors <br /> <br /> CHAPTER 178-H.F.No. 2103 <br /> An act relating to real property; local planning and <br /> zoning; authorizing municipalities to require the <br /> dedication of land for public purposes; providing <br /> certain terms and conditions for the dedication; <br /> amending Minnesota Statutes 2002, section 462.358, <br /> subdivision 2b, by adding a subdivision; Minnesota <br /> Statutes 2003 Supplement, section 462.353, subdivision <br /> 4. <br />BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: <br /> Section 1. Minnesota Statutes' 2003 Supplement, section <br />462.353, subdivision 4, is amended to read: <br /> Subd. 4. [FEES.] (a) A municipality may prescribe fees <br />sufficient to defray the costs incurred by it in reviewing, <br />investigating, and administering an application for an amendment <br />to an official control established pursuant to sections ·462.351 <br />to 462.364 or an application for a permit or other approval <br />required under an official control established pursuant to those <br />sections. Except as provided in subdivision 4a, fees as <br />prescribed must be by ordinance. Fees must be fair, reasonable, <br />and proportionate and have a nexus to the actual cost of the <br />service for which the fee is imposed. <br /> (b} A municipality £h3!! must adopt management and <br />accounting procedures to ensure that fees are maintained and <br />used only for the purpose for which they are collected. Upon <br />recuest, a municipality must explain the basis of its fees. <br /> (c) Except a~_provided in this paragraph, a fee ordinance <br />or amendment to a fee ordinance is effective January 1 after its <br /> <br />adoption. A municipality may adopt a fee ordinance or an <br />amendment to a fee ordinance with an effective date other than <br /> <br />the next January 1, but the ordinance or amendment does not <br />apply_if an application for final approval has been submitted to <br />the municipality. <br /> (d) If a dispute arises over a specific fee imposed by a <br />municipality related to a specific application, tho ~mcunt of <br />the foe mu~t ~e de~esited ~nd held in escrow, ~nd the person <br />aggrieved by the fee may appeal under section 462.361, provided <br />that the ~p~eal must be brouqht within 60 days after approval of <br />~n_~pplication under this section and deposit of the fee into <br /> <br />q~c__r_[2~. A municipality must not condition the approval of any <br />p.~oposed subdivision or development on an agreement to waive the <br />r~.~ to challenqe the validity of a fee. An approved <br />application may proceed as if the fee had been paid, pending a <br />decision on the appeal. This paragraDh must not be construed to <br />preclude the municipality from conditioninq approval of anz <br />P.~P0~.~ subdivision or development on an agreement to waive a <br />c~.~l._~...~..~h_e cost associated with municip~tt~ installed <br /> <br /> Sec. 2. Minnesota Statutes 2002, section 462.358, <br /> <br /> 63 <br /> o o 9 o <br />file://C:\Documents ¼20and %,,0Settings\ageisler. RAMSEY~Loca1¼20Settings\Temporary... 6/25/2004 <br /> <br /> <br />