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~HAPI'~R iO <br /> <br />}ii.) 'MinrL $. 2'-"6 N.W]d 1o <br />(!q76i <br /> <br />Mmp,. Stol ~ 4a:.}_'i,t}. sub& <br /> <br />Minn. Stat ~ 40£.35,~. sui~d, aa <br /> <br />Tradiuonally. dedications of'land in Minnesota were upheld ifa reasonable <br />reiafionship existed between the need for' die iand and tl~e proposed <br />deveiopmenL Usuaiiy, this meant tine city would have to show the iand was <br />needed because of-the population increase brought about by the subdivision. <br />,Ks discussed in the previous secdom dedications are now subject to scrutiny <br />under tt~e rougi7 propomonali~ test fonnuiated by d~e U.S. Supreme Corn'1 in <br />tine Nollan c~e. Cities should continue to ?ye careful consideration to the <br />conditions placed in subdivisions. <br /> <br />Requiring an equi'vaient amount in cash, based on the fair' market value of'the <br />undeveloped land. is aisc penni[ted. Any payments the ciU, receives mus~ be <br />deposited into a special fund to acquire land for parks, playgrounds, public <br />open space, storm,,vater i~oiding al'e~ or ponds, developments or existing <br />areas, and debt retirement for any land previously acquired by the city for <br />such public purposes. <br /> <br />Fees paid tn lieu of dedication of land under a subdivision re~utation must <br />not be used for ongoing operation or maintenance. The b~is for calculating <br />tine amount to be dedicated or preserved must be established by ordinance or <br />pursuant to the statutory procedures for adopting a land use fee schedule. <br />Tinere must be an essential nexus between fees or dedication and the <br />municipal purpose co be acMeved by the fee or dedication. The tee or <br />dedication must bear rough proportionaiity ~o the need created by tine <br />proposed subdivision. <br /> <br />Cities may ci~oose to adopt additional regulations necessary to ensure a <br />harmonious process in the deveiopment of subdivisions. Once a plat h~ been <br />recorded, a developer cannot challenge the conciitions that have been <br />aaached. Ifa subdivision will create five or more lots of two-and-a-half acres <br />or less, the regulations must require that tlney be pia~ed. <br /> <br />~q ubdivision m¢,uiations~_ must address procedural manors, such ~s what is <br />requh'ed in an application, tine preliminary and final re,/iew process, the <br />approvai/disapprovai process, and coordination with other affected political <br />subdivisions and sta~e a~,encies. <br /> <br />Flexibiii~,,.' is allowed in the administration of the preliminary and final <br />review process, and in the approvai/disapproval process. For example, the <br />subdivision regulations may consolidate d~e procedures. The review process <br />mav be deie~ated ~o the piannin~ a~zenc?, but ti~e council is responsible for <br />final approval or disapproval. <br /> <br />?riot (o any subdivision, a public i~earing is required and any interested <br />person inust be ~jiven the opportun ty to make a presentation. Notice of the <br />i~earin~ must be published in the official newspaper at ieast i0 days prior' to <br />d~e heai:in~ date. <br /> <br />idAi'~DBOOk :orr MINNESOT.z, CFFiES <br /> <br />98 <br /> <br /> <br />