Agenda - Planning Commission - 07/01/2004

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Minnesota Session Laws 2004, Chapter 178 Page 2 of 3 subdivision 2b, is amended, to read: Subd. 2b. [DEDICATION.] (a) The regulations may require thaE a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public, use as .streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. (b) In addition, the regulations may require that a reasonable ~ of po___on any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defined and outlined in section 471.191, playgrounds, trails, wetlands, or open space; provided ~hat_ ~ ~l),~ the municipality may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval, 9b) (2) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, and may not be used for ongoing operation or maintenance, (3) in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision, and (d) (4) the municipality reasonably determines that it will need to acquire that portion of land for the purposes sta~ed in this paragraph as a result of approval of the subdivision. The basis for calculating the amount to be dedicated or preserved must be established by ordinance or pursuant to the procedures established in section 462.353, subdivision 4a. Sec. 3. Minnesota Statutes 2002, section 462.358, is amended by adding a subdivision to read: Subd. 2c. [NEXUS.] (a) There must be an essential nexus between the fees or dedication imDosed under subdivision 2b and the municipal__purpose sought to be achieved by the fee or dedication. The fee or dedication must bear a rough proportionality to the need created by the proposed subdivision or development. (b) If a municipality is given written notice of a disuute over a'proposed fee in lieu of dedication before the municiu~lity's final decision on an application, a municip~alit~ must not condition the approval of any proposed subdivision or develoumen£ on an aqreement to waive the right to challenge the validity of a fee in lieu of-dedication. (c) An application may proceed as if the fee had been paid, pending a decision on the appeal of a dispute over a proposed fee in lieu of dedication, if (1) the person aggrieved bz the fee puts the municipality on written notice of a dispute over a proposed fee in lieu of dedication, (2) prior to the municipality's final decision on ~he application, the fee in lieu of dedicauion is deposited in escrow, and (3) the aggrieved bZ the fee appeals under section 462.361, within 60 davs of the aDDrovai of the application. If s~uch an appeal is not filed by the deadline, or if the person a~qrieved bv the fee does not prevail on the ap_peal, then the funds paid into escrow must be transferred to the municipalitv. Sec. 4. [EFFECTIVE OATE; APPLICATION.] This act is effective August 1, 2004, and applies to ordinances relating to fees, fee schedules, and dedications a~qpted or amended on or after Auqust 1, 2004. +~./~`~\D~cnment~%?~nnc~%~qe~in~s\a~eis~er.~A.MSE~L~ca~%2~Settin~s\Temn~rarv...