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CHAPTEI~ I 6 <br /> <br />Minn. Sial. <br /> <br />Mmn %m~ <br /> <br />4h2.353..mhd <br /> <br />4h2.353.$ubd <br /> <br />462.35], subcj <br /> <br />4fl~.55}. sui}d <br /> <br />XVil. Fees <br /> <br />A city may prescribe land use fees under the Municipal Planning Act <br />sufficient to deft'ay the costs incurred by the city, in reviewing, investigating, <br />and administering an application for an amendment to an official control, or <br />an appiication for a perrnit or other approval required under an official <br />control. Fees are required by law .to be fair, reasonable, and proportionate and <br />have a nexus to the actual cost of the service for which the fee is imposed. All <br />cities are required to adopt management and accounting procedures to ensure <br />fees are maintained and used only i-or the purpose for which they are <br />collected. Upon request, a city must explain the basis of its fees. <br /> <br />ifa dispute arises over a specific fee imposed by a city related to a specific <br />app[ication."the person aggrieved by the tee may appeal to district court <br />provided tile appeal is brought within 60 days after approval of application <br />and deposit of' the fee into escrow. An approved application n~ay proceed as <br />the fee had been paid, pending a.decision on the appeal. <br /> <br />,* city cannot condition the approval ora prbposed subdivision or <br />development on an agreement to waive the right to challenge the validity of a <br />fee. However. a city may condition the approval of any proposed subdivision <br />or development on a waiver agreement regarding costs associated wkh <br />rn unicipaIiy-installed improvenqents. <br /> <br />Generally. cities must adopt fees by ordinance. However, there is a statutory <br />exception to this general requirement. The exception author{zes cities that <br />collect an annual cumulative total of $5,000 or less ofiand use fees to simply <br />tel:er to a tee schedule in the ordinance that governs d~e official control or <br />permit. These cities are authorized to adopt a fee schedule by ordinance or by <br />resolution, either annually or more frequently, after providing notice and <br />ira[ding a public bearing. Notice must be published at least I0 days before the <br />pubiic hearing. The exception aiso aud~orizes cities that collect an annual <br />cumulative total in excess of'$5.000 of land use Fees to adopt a fee schedule it' <br />they wish, but they may only do so by ordinance, after ?bllowing the same <br />notice and hearing procedures. <br /> <br />,January [ is se~ by statute as tile standard effective date f'or changes to fee <br />ordinances, but a city may set a different effective date ~ long as the new tee <br />ordinance does not apply to a project i-bt which application ?bt finai approval <br />was submit-ted before the ordinance was adopted. <br /> <br />i'[,,.;,&)I:~I)OK FI)R !x/liN ,IE/Sc ~T-', ~i'I'IEZ <br /> <br />107 <br /> <br /> <br />