Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
3/12/2025 - Planning Commission - Regular - Agendas
CITY OF SPRING PARK PLANNING COMMISSION MEETING MARCH 12, 2025 – 6:00 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. APPROVAL OF MINUTES a. April 10, 2024 - Planning Commission Minutes b. November 10, 2024 – Planning Commission Minutes 3. SUBDIVISION ORDINANCE DISCUSSION 4. MISCELLANEOUS 5. ADJOURNMENT All meetings of the Spring Park Planning Commission are video recorded and available for viewing online at www.ci.spring- park.mn.us or Spring Park | Lake Minnetonka Cable Commission (lmcc-tv.org). Meeting minutes are intended to be a general synopsis of the meetings of the Planning Commission. Additional detail regarding discussions and policy considerations is provided by watching the recording of the meeting. CITY OF SPRING PARK PLANNING COMMISSION MINUTES APRIL 10, 2024 – 6:00 PM SPRING PARK CITY HALL 1. CALL TO ORDER The meeting was called to order at 6:00p.m. Chair Hoffman and Commissioners Avalos, Homan, and Mason were present. Commissioner Terryll was absent. Staff Present: City Administrator Anderson 2. APPROVAL OF AGENDA a. January 10, 2024, Planning Commission Minutes Commissioner Mason motioned, being seconded by Commissioner Homan, to approve the agenda as presented. On vote being taken, the motion was unanimously approved. 3. AS BUILT SURVEYS a. Staff Report: Lori Johnson with WSB conducted a presentation regarding As-Built Survey’s to the subdivision Ordinance. b. Proposed Ordinance #24-01 – As Built Survey’s: the Ordinance was reviewed by the Planning Commission along with a recommendation to approve and present to Council for final approval. c. Public Hearing: Chair Hoffman made a motion, being seconded by Commissioner Homan, to open the public hearing at 6:12p.m. With no public comment, Commissioner Mason motioned, being seconded by Commissioner Avalos, to close the public hearing at 6:13p.m. Commissioner Mason made a motion, being seconded by Commissioner Homan, to approve Ordinance #24-01: As- Built Survey’s – Certificate of Occupancy and present to the Council for final approval. On roll-call vote, Mason – yes, Avalos – no, Homan – yes, Hoffman – yes. Motioned passed. 4. MISCELLANEOUS Parks: Commissioner Mason recommended that we put bollards or rocks at Thor Thompsom Park at the corner of Sunset and Park Lane. He also wants to replace the Arbor in Wilkes Park. Pam Horton was going to order and pay for the Arbor. Mason wanted a 2 ft. sign as well indicating who the Arbor is for with her name and date of service to the City. 5. ADJOURNMENT After no further discussion, Commissioner Avalos motioned, being seconded by Commissioner Homan, to adjourn the meeting at 6:23p.m. On vote being taken, the motion was unanimously approved. All meetings of the Spring Park Planning Commission are video recorded and available for viewing online at www.ci.spring- park.mn.us or Spring Park | Lake Minnetonka Cable Commission (lmcc-tv.org). Meeting minutes are intended to be a general synopsis of the meetings of the Planning Commission. Additional detail regarding discussions and policy considerations is provided by watching the recording of the meeting. CITY OF SPRING PARK PLANNING COMMISSION MINUTES NOVEMBER 13, 2024 – 6:00 PM SPRING PARK CITY HALL 1. CALL TO ORDER The meeting was called to order at 6:00p.m. Chair Hoffman and Commissioners Avalos, Homan, Stafford, and Terryll were present. Staff Present: City Administrator Anderson 2. APPROVAL OF MINUTES a. January 10, 2024, Planning Commission Minutes Commissioner Homan motioned, being seconded by Commissioner Terryll, to approve the planning commission minutes as presented. On vote being taken, the motion was unanimously approved. 3. SUBDIVISION ORDINANCE DISCUSSION City Administrator Anderson stated the city needs to create a subdivision ordinance and asked the Commissioners if they want to hire WSB to create one or have staff & the Planning Commission prepare and then submit to the attorney and planner for the final review. The estimate from WSB is $16,000. It was determined that this quote was way too high, and the review can be conducted in-house between the staff and Planning Commissioners with a final review by the attorney and planner in order to ensure language consistency and proper references to other codes. Staff will create the first draft, and the Planning Commission will conduct their first round of reviews at the next meeting. 4. INTERIM USE APPLICATION (pending submission) – applicant did not resubmit. 5. ADJOURNMENT With no further discussion, Commissioner Avalos motioned, being seconded by Commissioner Stafford, to adjourn the meeting at 6:48 p.m. On vote being taken, the motion was unanimously approved. CHAPTER X: SUBDIVISIONS ARTICLE 1: IN GENERAL Title of Chapter. This chapter shall be known, cited, and referred to as the "City of Spring Park Subdivision Ordinance”. Purpose of chapter. Developers who seek to subdivide larger tracts of land into smaller parcels for development and/or sale must follow the city’s subdivision ordinance. Subdivision regulations specify the standards of the city related to size, location, grading, and improvement of: ➢ Lots. ➢ Structures ➢ Public areas, trails, walkways and parks. ➢ Streets and street lighting. ➢ Installation necessary for water, sewer, electricity, gas, and other utilities. All subdivisions of land submitted shall fully comply in all respects with the regulations to: 1) Provide for and guide the orderly, economic, and safe development of land, urban services and facilities. 2) Encourage well-planned, efficient, and attractive subdivisions by establishing adequate and impartial standards for design and construction. 3) Provide for the health, safety, and welfare of residents by requiring the necessary services such as properly designed streets and adequate sewage and water service. 4) Place the cost of improvements against those benefiting from their construction. 5) Secure the rights of the public with respect to public lands and waters. 6) Preserve natural features, such as topography, trees, water courses, scenic points, prehistoric and historical locations or districts. 7) Protect community assets, which if preserved will add attractiveness, retain the character of the community, and provide stability to the proposed development of the property and surrounding area. 8) Set the minimum requirements necessary to protect the public health, safety, comfort, convenience, and general welfare. Scope of legal authority. The rules and regulations governing plats and subdivisions of land contained in this chapter shall apply within the boundaries of the city. It is the intent that this chapter shall apply to all lots or parcels, platted or not platted, if it is the intent to develop the lots in a manner that uses two or more lots for development or resub divides any lots of record. This chapter is not intended to repeal, annul, or in any way impair or interfere with existing provisions of other laws or ordinances or with restrictive covenants running with the land except those specifically repealed by or in conflict with this chapter. Where this chapter imposes a greater restriction upon land than is imposed or required by existing provisions of law, ordinance, contract, or deed, the provisions of this chapter shall control. The city shall have the power and authority to review, amend, and approve subdivisions of land already recorded and on file with the county if such plats are entirely or partially undeveloped. Administration. This chapter shall be administered by the city administrator or their designee. Amendments. The provisions of this chapter shall be amended by the city following a legally advertised public hearing before the planning commission. The city council shall amend the chapter by a majority vote of the full city council in accordance with the law, including the rules and regulations of any applicable state or federal agency. Approvals necessary for acceptance of subdivision plats. Before any plat, (including condominiums), or subdivision of land shall be recorded or be of any validity, it shall be referred to the planning commission and approved by the city council as having fulfilled the requirements of this chapter. Conditions for recording. No plat or subdivision shall be entitled to be recorded in the county recorder's office or have any validity until the plat has been prepared, approved, and acknowledged in the manner prescribed by this chapter. Building permits. No building permits shall be issued by the city for the construction of any building, structure, or improvement to the land or to any lot in a subdivision until all requirements of this chapter have been fully complied with. Separability. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason found to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. Interpretations. Floodprone lands (a) Subdivision flooding and flood control. No land shall be subdivided if the council finds the land unsuitable for subdividing due to flooding, inadequate drainage, water supply, or sewage treatment facilities in accordance with this chapter and the zoning ordinance. Any building sites on lots within the floodplain district shall be at or above the regulatory flood protection elevation in accordance with this chapter and the zoning ordinance. All subdivisions shall have water supply and sewer disposal facilities that comply with the provisions of this chapter, and any applicable building, health, or safety codes, including the Minnesota State Building Code. All subdivisions shall have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. Each of the requirements set forth in this subsection shall take into consideration the 100-year flood profile and other supporting technical data in the Flood Insurance Study and the flood insurance rate map. (b) Public utilities. All public utilities and facilities such as gas, electrical, telephone, sewer, and water supply systems to be located in the floodplain shall be elevated or floodproofed in accordance with the Minnesota State Building Code to an elevation no lower than the regulatory flood protection elevation, in accordance with state and federal agency regulations and the city's zoning ordinance floodplain district. (c) Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodway district shall comply with this chapter and the zoning ordinance. Elevation to the regulatory flood protection elevation shall be provided where failure and interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly function ing of the area. Minor or auxiliary railroad tracks, roads, or bridges may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety and as long as such construction is in accordance with the rules and regulations of the state department of natural resources, the state, the Federal Emergency Management Agency, and the city zoning ordinance floodplain district. Article II: ADMINISTRATION AND ENFORCEMENT[2] DIVISION 1. - GENERALLY Nonplatted subdivisions Registered land surveys. All registered land surveys shall be filed subject to the same procedures as required for the filing of a preliminary plat for platting purposes. The standards and requirements set forth in this chapter shall apply to all registered land surveys. Metes and bounds. Except in highly unique situations, as may be allowed by the city council, conveyances by metes and bounds shall be prohibited. Variances; city council approval; standards. Findings. The city council may approve a variance from the minimum standards of this chapter (not procedural provisions) and from the subdivision design criteria when, in its opinion, exceptional and undue hardship may result from strict compliance. In approving any variance, the city council shall prescribe any conditions that it deems necessary to or desirable to the public interest. In making its approval, the city council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision the subdivision design standards, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be approved when the city council finds that each and every one of the following apply unless one or more of the criteria are not applicable to the particular situation: • There are special circumstances or highly unique conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of a reasonable use of the land. • The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to other property in the territory in which property is situated. • The variance is to correct inequities resulting from an extreme physical hardship such as topography or to prevent removal of significant or desirable vegetation. • Hardships relating to economic difficulties shall not be considered for the purpose of granting a variance. • The hardship is not a result of an action by the owner, applicant, or any agent. • The variance will not in any manner vary the provisions of the zoning ordinance or official zoning map. Procedures. (1) Pursuant to Minn. Stats. § 15.99, an application for a variance shall be approved or denied by the city council within 60 days from the date of its official and complete submission unless notice of extension is provided by the city or a time waiver is granted by the applicant. The city may extend the review and decision -making period an additional 60 days to the extent allowed by state law. (2) Request for variances, as provided within this section, shall be filed with the city manager on an official application form. Such an application shall be accompanied by a fee as provided for by city council resolution. (3) The procedures for filing of preliminary plats, including planning commission public hearing and city council review and consideration as found in article III of this chapter, shall be used for processing variances. (4) Approvals of a variance request by the city council shall be by two -thirds vote of the full city council. (5) A copy of all decisions granting variances for properties in the shoreland district or 100-year floodplain shall be forwarded to the commissioner of natural resources within ten days of such action. (6) Whenever a variance has been considered and denied by the city council, a similar application and proposal for the variance affecting the same property shall not be considered again by the planning commission or city council for at least six months from the date of its denial, except as follows: a. If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous variance application have changed significantly. b. The city council may reconsider such matter by a majority vote of the entire city council. (7) If a request for a variance receives approval of the city council, the applicant shall record such with the county recorder within 60 days of the city council approval date. The applicant, immediately upon recording such, or as soon as is reasonably possible, shall furnish the city proof of recording. No building permits for the property in question will be granted until such proof of recording is furnished to the city. • Violations and penalty. (a) Sale or advertisement of lots from unrecorded plats. It shall be a misdemeanor to sell, trade, advertise for sale, or otherwise convey any lot or parcel of land as a part of, or in conformity with, any plan, plat, or replat of any subdivision or area located within the jurisdiction of this chapter unless such plan, plat, or replat shall have first been recorded in the county recorder's office. (b) Receiving or recording unapproved plats. It shall be unlawful for a private individual to receive or record in any public office any plans, plats of land laid out in building lots and streets or other portions of the same intended to be dedicated to public or private use, or for the use of purch asers or owners of lots fronting on or adjacent thereto, and located within the jurisdiction of this chapter, unless the same shall bear thereon, by endorsement or otherwise, the approval of the city council. (c) Misrepresentations. It shall be a misdemeanor as set forth in Minn. Stats. § 609.02 for any person owning an addition or subdivision of land within the city to represent that any improvement upon any of the streets or avenues of such addition or subdivision or any sewer or utility in such addition or subdivision has been constructed according to the plans and specifications approved by the city council, or has been supervised or inspected by the city, when such improvements have not been so constructed, supervised, or inspected. (d) Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with all applicable laws. • Schedules of administrative fees, charges, and expenses. (a) Fees and charges, as well as expenses incurred by the city for engineering, planning, attorney, and other services related to the processing of applications under this chapter shall be paid for by the applicant and collected by the city administrator for deposit in the city's accounts. Fees for the processing of requests for platting, major and minor subdivisions, review of plans, and such other subdivision-related procedures may from time to time be established by city council resolution. The city council may also establish fees by resolution for public hearings, special meetings, or other such city council or planning commission actions as are necessary to process applications. (b) Such fees and charges (as well as a deposit /escrow) shall be collected prior to city action on any application. All such applications shall be accompanied by a written statement from the applicant/owner (when the applicant is not the same person or entity as the landowner, both the owner and the applicant must sign the statement) whereby the applicant/owner agrees to pay all applicable fees, charges, and expenses as set by city resolution as provided above, and which allows the city to assess the fees, charges, and expenses described in this section against the landowner if such monies are not paid within 30 days after a bill is sent to the applicant/landowner. (c) These fees shall be in addition to building permit fees, inspection fees, trunk stormwater facility costs, sewer and water availability charges, zoning fees, charges, expenses, and other such fees, charges, and expenses currently required by the city or which may be established by city council resolution in the future. • ADMINISTRATIVE SUBDIVISIONS • Qualification. This division shall apply to the following applications: (1) In the case of a request to divide a portion of a lot where the division is to permit the adding of a parcel of land to an abutting lot so that no additional lots are created, and both new lots conform to zoning ordinance lot size minimum standards. (2) In the case of a request to divide a lot from a larger tract of land and thereby creating no more than two lots, both of which conform to zoning ordinance minimum standards. To qualify, the parcel of land shall not have been part of an administrative subdivision within the previous five years. • Content and data requirements. (a) Certificate of survey. The requested administrative subdivision shall be prepared by a registered land surveyor in the form of a certificate of survey. (b) Property description and submission information. The data and supportive information detailing the proposed subdivision shall be the same as required for a preliminary plat as described in article III of this chapter. Exceptions may be granted by the city manager. Subdivision design standards. The administrative subdivision shall conform to all applicable subdivision design standards as specified for this chapter. Any proposed deviation from such standards shall require the processing of a variance request. • Sec. XX. - Processing. If the land division complies with the applicable provisions of this section, this chapter, the zoning ordinance and the comprehensive plan, the city administrator may approve the subdivision. • Secs. XXXX. - Reserved. • ARTICLE III. - PROCEDURES FOR FILING AND REVIEW • Sec. XX. - Sketch plan. (a) Procedure. In order to ensure that all applicants are informed of the procedural requirements and minimum standards of this chapter, and the requirements and limitations imposed by other city ordinances, plans, and/or policies prior to the preparation of a preliminary plat, all applicants shall present a sketch plan to the city administrator prior to filing a preliminary plat. Submission of a sketch plan shall not start the 60-day review period, as required by state law, for consideration of a preliminary plat. The city administrator shall review the sketch plan and schedule a meeting with the applicant to discuss the subdivision and the application process. Approval of a sketch plan shall not be considered binding regarding subsequent plat review. The city administrator may, with agreement of the applicant, refer the sketch plan to the planning commission and/or city council for review and comment. (b) Submission requirements. The following are required for the submission of a sketch plan for review: (1) Written request for sketch plan review. (2) Five copies at a readable scale of the plat sketch including the following minimum information: a. Plat boundary. b. North arrow. c. Scale. d. General location of proposed streets, easements, pedestrian paths, ponds, water detention areas, etc. e. Designation of land use and current and proposed zoning. f. Significant topographical or physical features. g. General lot locations and layout. (3) Escrow deposit, as determined necessary by the city manager, to pay review costs of city staff and consultants. • Sec. XX. - Preliminary plat. (a) Procedure. ➢ Pursuant to Minn. Stats. § 15.99, an application for a preliminary plat shall be approved or denied by the city council within 60 days from the date of its official and complete submission, unless notice of extension is provided by the city or a time waiver is granted by the applicant. The city may extend the review and decision-making period an additional 60 days to the extent allowed by state law. ➢ After the pre-application meeting and following city review of the sketch plan, the applicant may prepare a request for subdivision, as provided within this chapter, that shall be filed with the city on an official application form. Such an application shall be accompanied by a fee as provided for by city council resolution. Such application shall also be accompanied by five large scale (22 inches by 34 inches) copies, and one reduced scale (11 inches by 17 inches) copy of the preliminary plat, and supportive information in conformity with requirements of this chapter. The scale of such materials shall be at the graphic scale of one inch to 20 feet, except as specifically approved by the city administrator. The request shall be considered officially submitted and the application approval timeline commences only when all the informational requirements, as required, are complied with and the required fees are paid. ➢ The applicant shall supply an up-to-date certified abstract of title, registered property report, or such other evidence as the city attorney may require showing title or control of the applicant, and the legal description of the property for which the subdivision is requested. ➢ The applicant shall submit any necessary applications for variances from the provisions of this chapter, as set out in article II of this chapter. ➢ Upon receipt of the completed application, the city administrator shall set a public hearing for public review of the preliminary plat by the planning commission. The notice of the hearing may be a legal or display advertisement and shall include a description or depiction that is sufficient to fulfill statutory requirements that shall be published in the official newspaper at least ten (10) days prior to the hearing. Written notification of the hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the records of the proceedings. The city shall post a sign on the property to notify the public that the land in question is the subject of a hearing by the planning commission or city council. ➢ Failure of a property owner to receive such notice shall not invalidate any such proceedings as set forth within this section, provided that a bona fide attempt has been made to comply with the notice requirements of this section. ➢ The city administrator shall instruct the staff as appropriate to prepare technical reports and provide general assistance in preparing a recommendation on the action to the planning commission and city council. This may include the city planner, city engineer, city building official, the fire marshal, the city attorney, the city forester, or public or private utility departments, among others. ➢ The applicant shall refer copies of the preliminary plat to county, state, or other public jurisdictions for their review and comment, where appropriate and when required. ➢ The city administrator, the city council, and/or planning commission shall have the authority to request, in writing, additional information from the applicant concerning the proposed subdivision and its operational factors or impact, or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors or impacts, when such information is to be declared necessary to comply with performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information shall be grounds for denial of the request. ➢ The applicant or a designated representative shall appear before the planning commission at the public hearing to answer questions concerning the proposed request. ➢ The planning commission shall make its report to the city council after the close of public hearing, or soon thereafter, as described above. (b) City council action. ➢ Upon completion of the report of the planning commission, the request shall be placed on the agenda of the city council. Such report shall be entered in and made part of the permanent written record of the city council meeting. ➢ Upon receiving the report of the planning commission, the city council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition it considers necessary to protect the public health, safety, and welfare. ➢ The city council may refer the matter back to the planning commission for further consideration. The city council shall provide the planning commission with a written statement detailing the specific reasons for referral. ➢ Approval of the preliminary plat by the city council shall require passage by a majority vote of the entire city council. If the preliminary plat is approved, such approval shall not constitute final acceptance of the design and layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this chapter to be indicated on the final plat. The city council may impose such conditions and restrictions as it deems appropriate or require such revision s or modifications in the preliminary plat or final plat as it deems necessary to protect the health, safety, comfort, general welfare, and convenience of the city. ➢ If the preliminary plat is not approved by the city council, the reasons for such action shall be recorded in the proceedings of the city council and shall be transmitted to the applicant as a finding of fact. ➢ The city council reserves the right to decline approval of a preliminary plat if due regard is not shown for the following considerations. Review of the preliminary plat shall also be subject to the criteria for denial of plats found in other sections of this code: a. Preservation, to the extent possible, of the existing topography as specified in this chapter. b. Preservation of trees and vegetative growth. c. Preservation of natural water courses as specified in the general floodplain ordinance. d. Preservation of historic locations and districts as specified in this Code. e. Integration with existing neighborhoods and districts which, if preserved, will add attractiveness, retain character of the community, and provide stability to the proposed development of the property and surrounding area. Residential area integration shall include factors such as housing density, building pad layout, lot size, and design as it relates to the surrounding lots and neighborhood character. Commercial area integration shall include factors such as lot size and width and site issues as specified in this chapter. ➢ Following city council approval of a preliminary plat, the applicant must submit a final plat to the city within 120 days of preliminary approval. If this procedure is not followed, then approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing by the applicant 30 days prior to the lapse of approval and subsequently approved by the city administrator. ➢ Should the applicant desire to amend a preliminary plat as approved, an amended preliminary plat may be submitted. The city may require the applicant to follow the same procedure as a new preliminary plat. No public hearing will be required unless the amendment, in the opinion of the city, is of such scope as to constitute a new preliminary plat. A filing fee as established by the city council shall be charged for the amendment processing. (c) Submission requirements. The applicant shall prepare and submit a preliminary plat, together with any necessary supplementary information. The preliminary plat shall contain the information set forth in the subsections that follow (upon specific request, the city manager may exem pt an applicant from the submission of data that are not considered relevant to the application). (d) General requirements. The proposed name of the subdivision; names shall not duplicate or be alike in pronunciation to the name of any plat theretofore recorded in the city. Location of boundary lines in relation to a known section, quarter section, or quarter - quarter section lines comprising a legal description of the property. Name, address, and phone number of the record owners, any agent having control of the land, the applicant, land surveyor, engineer, and designer of the plan. Graphic scale of one inch to 20 feet, except as specifically approved by the city administrator. North point and key map of the area, showing well -known geographical points for orientation within a one-half-mile radius. Date of preparation. Applications, statements, and supporting documentation and plans for rezoning, variances, or conditional use permits approvals being sought for the subdivision. A tree preservation and protection plan, that shows those trees proposed to be removed, those to remain, and the types and locations of trees and other vegetation that are to be planted in conformance with city requirements. (e) Existing conditions. Boundary lines to include bearings, distances, curve data, and total acreage of proposed plat, clearly indicated. Existing zoning classifications for land in and abutting the subdivision. Total area of the proposed plat. Location, right-of-way width, and names of existing or platted streets or other public ways, other rights-of-way, parks and other public lands, permanent buildings and structures, easements and section, corporate lines within the plan, to a distance 150 feet beyond the plat. Boundary lines of adjoining unsubdivided or subdivided land, within 150 feet of the plat, identified by name and ownership, including all contiguous land owned or controlled by the applicant. Any reports on the environmental condition of the site conducted prior to the time of application submission for the proposed subdivision. Where the applicant owns property adjacent to that which is being proposed for the subdivision, it shall be required that the applicant submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be required to integrate well with existing or potential adjacent subdivisions and land uses and the provisions of the city's adopted comprehensive plan. Topography in two-foot contour intervals with existing contours shown as dashed lines and proposed contours as solid lines. Existing topography shall extend 100 feet outside of the tract or a distance necessary to demonstrate the impact of surface drainage upon surrounding properties. Location, size, and elevation of all existing natural features including, but not limited to, wooded and vegetated areas, marshes, watercourses, water bodies, areas of steep slope, and other significant features. Location of all existing storm drainage facilities including, but not limited to, pipes, manholes, catch basins, ponding areas, swales, and drainage channels within 100 feet of the parcel. Existing pipe grades, rim and invert elevations, and ordinary high water mark shall be shown. Also, spot elevations at drainage break points and direction arrows indicating site, swale, and lot drainage. The delineation of all wetlands in accordance with criteria established by the Army Corps of Engineers and/or state department of natural resources. Such wetland delineations shall be performed by a registered land surveyor or engineer recognized as qualified by the Army Corps of Engineers and/or state department of natural resources. 100-year floodplain elevations and the regulatory flood protection elevation taking into consideration the flood insurance study and flood insurance rate map. Location and size of existing sewers, water mains, culverts, or other underground facilities within and extending 100 feet beyond the proposed subdivision boundary. Such data as grades, invert elevations, and location of catch basins, manholes, and hydrants shall also be shown. (f) Proposed design features. 1. Layout of proposed streets showing the right -of-way widths, centerline gradients, roadway widths, typical cross sections, and proposed names of streets in conformance with city street identification policies. The name of any street heretofore used in the c ity or its environment shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. 2. Complete curve data, including radii, internal angles, points and curvatures, tangent bearings, and lengths of all arcs. 3. Locations and widths of proposed pedestrian ways. 4. Location, dimension, and purpose of all easements. 5. Layout, numbers, lot areas, and preliminary dimensions of lots and blocks, and out lots. 6. Minimum front and side street building setback line. 7. When lots are located on a curve, the width of the lot at the building setback line, as defined by the city zoning ordinance, as amended. 8. Building pads intended for construction. 9. A parking plan and lighting plan for the development. 10. A security plan for the development. 11. Areas, other than streets, bikeways, pedestrian ways, and utility easements, intended to be dedicated or reserved for public use, including the size of such areas in acres. (g) Supplementary information. Any or all of the supplementary information requirements set forth in this subsection shall be submitted when deemed necessary by the city manager, or by a majority vote of the planning commission and/or city council to adequately address the application and site in question. 1. Proposed protective covenants or private restrictions. 2. A traffic study to include trip generation data and an analysis of the impact to the city's roadways and intersections. The information to be included in the study and the analysis methods shall be subject to approval of the city engineer. 3. Statement revealing the effect of the development on fire hazards and population density. The applicant may be required to have formal studies performed to the city's satisfaction which show the effect of the proposed development on fire hazards or other m atters of public concern. 4. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any rights in the applicant. 5. Where structures are to be placed, lots that exceed the area required by the zoning ordinance, the preliminary plat shall indicate a logical way in which the lots could possibly be re-subdivided in the future. 6. An environmental assessment worksheet (EAW) shall be submitted if required by the city council, or if requested by Minnesota Environmental Quality Board. Whenever a project that does not require an environmental assessment worksheet is suspected to have th e potential for environmental effects, the state, county, or city may require the preparation of a discretionary environmental assessment worksheet in order to determine whether an environmental impact statement is needed. 7. Where irregular shaped lots have been proposed, house pads shall be depicted which demonstrate such lots to be buildable. 8. Soil tests as required by the city engineer. 9. Such other applicable information as may be required by the city. (h) Preliminary grading plan. The applicant shall submit a preliminary grading, drainage, and erosion control plan which shall include the following information: 1. North arrow. 2. Graphic scale of one inch to 20 feet, except as specifically approved by the city administrastor. 3. Lot and block numbers. 4. Building pad locations, proposed building types, and proposed elevations. 5. Location and elevations of all street high and low points. 6. All street design grades and typical street sections. 7. Phasing of grading. 8. The location, dimensions, and purpose of all drainage and utility easements. 9. A plan for soil erosion and sediment control both during construction and after development has been completed. The plan shall include gradients of waterways, design of velocity and erosion control measures, design of sediment control measures, and landscaping of the eros ion and sediment control system. Locations and standard detail plates for each measure shall be included on the plan. 10. All revegetation measures proposed for the subdivision, including seed and mulch types and application rates, shall be included on the plan. 11. All existing conditions shall be included on the grading plan, as required by the city engineer. (i) Preliminary utility plan. 1. Location, dimension, and purpose of all drainage and utility easements. 2. Water mains shall be provided to serve the subdivision by extension of an existing community system. Service connections shall be stubbed into the property line and all necessary fire hydrants shall also be provided. All water systems shall be looped in accordance with the subdivision design standards of the city and as required by the city engineer. Extensions of the public water supply system shall be designed to provide service in accordance with design standards approved by the city engineer. 3. Sanitary sewer mains and service connections shall be planned in accordance with the subdivision design standards of the city and as approved by the city engineer. 4. Locations, grades, rim and inverted elevations, and sizes of all storm and sanitary sewers and opportunities to serve the proposed subdivision. 5. Location and size of all proposed water mains and appurtenances. 6. All existing conditions shall be included in the grading plan, as required by the city engineer. • Sec. XX. - Final plat. (a) Procedure. (1) After the preliminary plat has been approved, a final plat shall be submitted for review as set forth in the subsections which follow. The city may agree to review the preliminary and final plat simultaneously. The final plat shall incorporate the changes, modifications, and revisions required by the city as part of the conditions for preliminary plat approval. (2) All final plats shall comply with the provisions of state statutes and requirements of this chapter. (3) Review of a final plat. a. Pursuant to Minn. Stats. § 15.99, an application for a final plat shall be approved or denied by the city council within 60 days from the date of its official and complete submission, unless notice of extension is provided by the city or a time waiver is granted by the applicant. The city may extend the review and decision-making period an additional 60 days to the extent allowed by state law. b. Five large scale (22 inches by 34 inches) copies, and one reduced scale (11 inches by 17 inches) copy of the final plat, and supportive information in conformity with the requirements of this chapter shall be submitted by the applicant. The scale of such materials shall be at a graphic scale of one inch to 20 feet, except as specifically approved by the city manager. If the final plat is referred to the planning commission for recommendation, additional large scale copies of the plat may be required. Upon receipt of a final plat, copies shall be referred to the city council and city manager, and to all applicable utility companies and county and state agencies. The applicant shall provide an up-to-date certified abstract of title, registered property report, or such other evidence as the city attorney may require showing title or control of the applicant. c. The city council may refer the final plat to the planning commission for recommendation if it is found that the proposed final plat is substantially different from the approved preliminary plat or the requirements of the preliminary plat are not resolved. In such cases, the planning commission shall submit a report thereon to the city council within 45 days. d. The city administrator shall, as appropriate, submit reports and recommendations to the city council. e. Prior to city council approval of a final plat, the applicant shall have executed a subdivision agreement with the city, which controls the installation of all required improvements and ensures compliance with all conditions of approval. The agreement shall specify whether public or private financing of improvements or a combination of both shall be used for the development improvements. Such agreement shall also require all improvements and approval conditions to comply with approved engineering standards and applicable regulations. f. Approval of a final plat by the city council shall be by a majority vote of the entire city council. g. Upon receiving an approved final plat in conformance with the requirements of the city, the designated representatives of the city shall sign the plat, and the applicant, as a condition of approval, shall record the approved and signed final plat with the county registrar of deeds within 60 days, or the approved final plat shall be considered void. h. The applicant shall, within 30 days of recording, furnish the city with three blue or black line prints, two mylars (22 inches by 34 inches) of the final plat showing evidence of the recording, one reduced scale (11 inches by 17 inches) copy of the plat, and a digital copy in a format acceptable to the city engineer. Failure to furnish such copies shall be grounds for refusal to issue building permits for lots within a plat. (b) Submission requirements. The applicant shall submit a final plat together with any necessary supplementary information. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of state statutes and county regulations, and such final plat or accompanying submittals shall contain the following information: (1) Name of the subdivision which shall not duplicate or too closely approximate the name of any existing plat theretofore recorded in the city and which shall be subject to city council approval. (2) The name, address, and telephone number of the applicant/developer. (3) Location by section, city, range, county, and state, and including descriptive boundaries of the subdivision based on an accurate traverse, giving angular and linear dimensions. (4) The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monume nts. The applicant shall provide coordinating data on all subdivision monumentation in a format approved by the city engineer. (5) Location of lots, out lots, streets, public highways, and parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines. (6) Lots and out lots shall be numbered clearly, blocks are to be numbered, with numbers shown clearly in the center of the block. (7) A drawing or listing of total square footage per lot, acreage per block, and total acres in the plat. (8) The exact locations, widths, and names of all streets to be dedicated. (9) Location, purpose, and width of all easements to be dedicated. (10) Name, registration, address, and phone number of surveyor making the plat. (11) The scale of the plat to be one inch to 20 feet to be shown graphically on a bar scale, date, and north arrow. (12) The applicant shall submit with the final plat certification to the city that there are no delinquent property taxes, special assessments, interest, or utility fees due upon the parcel of land to which the subdivision application relates. (13) Deed restrictions and protective covenants which involve a matter of public concern. (14) Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under, and along the designated areas marked "drainage and utility easements." (15) Statement dedicating all streets and other public areas not previously dedicated as follows: Streets and other public areas shown on this plat and not heretofore dedicated to public use hereby so dedicated. (16) A statement certifying the environmental condition of the site including the presence of any hazardous substance as defined by Minn. Stats. § 115B.02. Such a statement may be required to be based upon an environmental assessment of the site by an environmental engineering firm acceptable to the city. (17) Final grading, utility, and development plans shall be prepared in accordance with current federal, state, county, and city specifications. (18) Such other information that may be required by the city. • Certification required. (a) Certification by registered surveyor in the form required by Minn. Stats. § 505.03. (b) Execution by all owners of any interest in the land and holders of a mortgage thereon of the certificates required by Minn. Stats. § 505.03, and which certificate shall include a dedication of the utility easements and other public areas in such form as approved by the city council. (c) Space for certificates of approval and review to be filled in by the signatures of the mayor and city manager in the following form: For Approval of the City: This plat of (name of plat) was approved and accepted by the City of Spring Park, Minnesota, at a regular meeting thereof held this _____ day of ___________, A.D. ___. CITY COUNCIL OF SPRING PARK, MINNESOTA • Sec. XX. - Denial of plat. The city council may deny the subdivision if it makes any one or more of the following findings: (1) The proposed subdivision is in direct conflict with adopted applicable general and specific comprehensive plans of the city, county, or state. (2) The physical characteristics of this site and surrounding properties, including, but not limited to, topography, percolation rate, soil conditions, susceptibility to erosion and siltation, susceptibility to flooding, water storage, drainage and retention, are such that the site or surrounding property is not suitable for the type of development, design, or use contemplated. (3) The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. (4) The design of the subdivision or the type of improvements are likely to cause serious public health or safety problems. (5) The design of the subdivision or the type of improvements will conflict with easements of record or with easements established by judgment of a court. (6) The proposed subdivision will not conform to the comprehensive plan, related policies adopted by the city, and to the official zoning ordinance of the city. (7) A proposed lot consolidation would eliminate a legal buildable lot in the R -1 or R-2 zoning districts. (8) The proposed subdivision is inconsistent with the rules and requirements of the Minnehaha Creek Watershed District and the policies and standards of the state defined shoreland districts and wetland districts. (9) The proposed subdivision has an undue adverse effect on the flood carrying capacity of the floodway, increases flood stages and velocities, or increases flood hazards within the city. (10) Any lot or block in the proposed subdivision is exceptionally narrow or shallow, or is otherwise of any irregular or unusual shape. (11) The subdivision is inconsistent with the provisions of this chapter. (12) The design of the subdivision does not integrate with existing or potential adjacent subdivisions or land uses. (13) The criteria for denial of preliminary plats have been considered. • Sec. XX. - Resubmission of a final plat. Whenever a final plat has been considered and denied by the city council, a similar application and proposal affecting the same property shall not be considered again by the planning commission or city council for at least six months from the date of its denial, except as follows: (1) If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous application have changed significantly. (2) The city council may reconsider such matter by a majority vote of the full city council. • Secs. XX. - Reserved. • ARTICLE IV. - GENERAL STANDARDS AND REQUIREMENTS • Sec. XX. - Conformity with the comprehensive plan. A proposed subdivision shall conform to the comprehensive plan and to all related policies adopted by the city. • Sec. XX. - Conformity with the zoning ordinance and city Code requirements. A proposed subdivision shall conform to all applicable provisions of the zoning ordinance and city Code requirements. • Sec. XX. - Land requirements. (a) Land shall be suited to the purpose for which it is to be subdivided. No plan shall be approved if the site or surrounding area is not suitable for the purposes proposed by reason of potential flooding, topography, or adverse soils. (b) Land subject to hazards to life, health, or property shall not be subdivided until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the subdivision plan. (c) Proposed subdivisions shall be coordinated, if necessary, with surrounding jurisdictions and/or neighborhoods, so that the city as a whole may develop efficiently and harmoniously. • Subdivision design standards and construction. Subdivision design and construction standards, as they relate to grading, street, and utility improvements for subdivisions under this chapter, shall be adopted by ordinance of the city council and found as an appendix to these regulations. These design standards may be amended from time-to-time by resolution. The subdivision design features as adopted by the city are minimum requirements. The city may impose additional or more stringent requirements concerning lot size, streets, and overall subdivision design, as deemed appropriate based upon site considerations and the comprehensive plan. Subdivision design standards, as they relate to lot design and layout are as follows: (1) Area. The minimum lot area, width, and depth shall not be less than that established by the zoning ordinance in effect at the time of adoption of the final plat. (2) Corner lots. Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required in the zoning ordinance. When lots are located on a curve or when side lot lines are at angles other than at 90 degrees, the width of the building setback lines shall be shown. (3) Side lot lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. (4) Frontage. Every lot shall have the minimum frontage on a city approved public street, as required in the zoning ordinance. (5) Setback lines. Setback lines shall be shown on the preliminary plat for all lots and shall not be less than the setbacks required by the zoning ordinance, as may be amended. (6) Watercourses. Lots abutting a lake, watercourse, wetland, ponding area, or stream shall have additional depth and width, as required under the provisions of the zoning ordinance. (7) Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic locations, or similar conditions which if preserved will add attractiveness and stability to the proposed development. (8) Lot remnants. All remnants of lots below minimum size, except out lots created for specific public or private recreational use, must be added to adjacent lots, rather than allowed to remain as unusable parcels. (9) Political boundaries. No singular plat shall extend over a political boundary without document notification to the affected units of government. (10) Private streets. No new private streets shall be approved. (11) Frontage on two streets. Double-frontage, or lots with frontage on two parallel streets, shall not be permitted except: where lots back on arterial streets or highways, on East or West Drive as they relate to Water Street, or where topographic or other conditions render subdividi ng otherwise unreasonable. Such double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. (12) Access to arterial streets. In the case where a proposed plat is adjacent to a limited access highway, other major highway, or other arterial street, there shall be no direct vehicular access from individual lots to such streets and roads. (13) Alleys. No new residential alleys shall be permitted. (14) Length. Block lengths shall not exceed 1,400 feet, and if possible, should not be less than 500 feet in length. (15) Arrangement. A block shall be so designated as to provide two tiers of lots, unless it adjoins a railroad or limited access highway and unless topographical conditions necessitate a single tier of lots. (16) Pedestrian ways. In blocks over 500 feet long, a pedestrian way or easement may be required in locations deemed necessary to public health, convenience, and necessity. Such an easement shall not be less than 15 feet in width. (17) Lots along thoroughfares. Residential lots shall be separated from major thoroughfares and railroad rights -of-way by a minimum of a 15-foot buffer strip, which may be in the form of added depth or width of lots backing on or siding on a thoroughfare or railroad right -of-way. A screen planting easement shall be granted to the city and shown upon the plat for the 15 -foot buffer strip, if it adjoins a major thoroughfare. (18) Out lots. The creation of out lots is to be discouraged. In such cases where out lots are created or exist, their area shall not be utilized in calculating minimums for buildable lot area requirements. Such out lots are also prohibited from qualifying for building permits except for public uses and private recreational uses accessory to allowable uses within the respective zoning district and which are properties under common ownership. (19) Flag lots. Flag lots shall be prohibited unless the lot frontage conforms with the minimum specifications within the city zoning district standards. In addition, under those instances where future subdivision of lots is feasible, a minimum public right-of-way pursuant to standards in this chapter shall be provided and dedicated to the city. • Sec. XX. - Planned unit developments and condominium subdivisions. Planned unit development (PUD) and condominium subdivisions designed as a PUD shall comply with all applicable minimum requirements of the city zoning ordinance relating to construction of roadways, setbacks, and other matters as specified in a development agreement, as approved by the city council. • Sec. XX. - Sidewalks, trails, and pedestrian ways. Adequate provisions for pedestrian and bicycle movement within the subdivision along the subdivision, and to adjoining property shall be provided in compliance with the comprehensive plan and policies established by the city council. All sidewalks, trails, and pedestrian paths shall be designed and constructed according to established city standards. Cross reference— Streets, sidewalks, and other public places • Sec. XX. - Public utilities. (a) All extensions of public utilities, including water and sanitary sewer systems, shall be approved by the city engineer. (b) Extensions of the water supply system shall be designed so as to provide public water service to each lot. All water systems located in flood prone areas, whether public or private, shall be floodproofed to a point at or above the regulatory flood protection elevation. Water systems shall be in accordance with the subdivision design standards and the requirements of the city engineer. (c) Extension of the sanitary sewer system shall be designed so as to provide public sewer service to each lot. Cross reference— Utilities, • Sec. XX. - Drainage. All subdivisions shall be in compliance with the rules and requirements of the Minnehaha Creek Watershed District. A complete and adequate drainage system design shall be required for the subdivision and may include a storm sewer system or system of open ditches, culverts, pipes, catch basins, ponding areas, and treatment or a combination thereof. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage and be pretreated prior to being discharged. Pretreatment shall be considered satisfactory if the project meets the water quality requirements of the City of Spring Parks Engineering Design Standards, as well as Article 36 of the Zoning Code. • Sec. XX. - Easements. (a) All easements shall be dedicated by appropriate language on the final plat as required by law and provisions of this chapter. (b) Easements of not less than ten feet for drainage and public and private utilities shall be provided on front lot lines and centered on rear, side, and other lot lines as approved by the city council. When it is not practical to center easements, the fully required easement width may be required along one property line. Such easements shall have continuity of alignment from block to block. The easements, when approved, shall not thereafter be changed without the approval of the city council pursuant to established city regulations, as may be amend ed. (c) Easements shall be provided along each side of the centerline of any natural watercourse or drainage channel to a width sufficient to provide proper maintenance and protection and to provide for stormwater runoff. Where necessary, drainage easements corresponding with lot lines shall be provided. Such easements for drainage purposes shall not be less than 20 feet in width or a width equal to the required side yard setback established by the respective zoning district in which the property is located, whichever is least. (d) Easements established over wetlands and major gas pipelines, or major electrical transmission easement areas shall be excluded from the calculation of minimum lot area as defined by this chapter. (e) The city may at its discretion choose to require out lots rather than easements for wetlands, drainageways, and other natural features. (f) Sightline easements beyond required zoning setback regulations may be required by the city, county, and state highway department to protect major intersections on the street and highway system. • Sec. XX. - Erosion and sediment control. (a) The development shall conform to the natural limitations presented by topography and soil to create the least potential for soil erosion. All erosion sediment control measures and land disturbing activities shall comply with the subdivision design standards, the City's Engineering Design Standa rds of the Zoning Code, and as required by the city engineer. (b) Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control erosion. (c) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. (d) In the event that permanent stabilization cannot be feasibly obtained within 14 days after construction activity in that portion of the site has temporarily or permanently ceased, and seven days if discharge points are located within one -mile of an impaired or special waterbody, temporary soil stabilization BMPs must be implemented within the timeframe. (e) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The soil shall be restored to a depth of four inches and shall be of a quality at least equal to the soil quality prior to development. Cross reference— Environment. • Sec. XX. - Protected areas. Where land proposed for subdivision is deemed environmentally sensitive by the city due to the existence of water bodies, wetlands, drainageways, watercourses, floodable areas, vegetation, steep slopes, or historic sites, the design of such subdivision shall clearly reflect all necessary measures of protection to ensure against adverse environmental impacts. Such measures, when deemed appropriate by the city, may include, but shall not be limited to, the following: (1) The establishment of easements and/or outlots over wetlands, drainageways, watercourses, and water bodies. (2) The implementation of flood control measures. (3) The enlargement of lots or redesign of the subdivision. (4) The submission of a tree preservation and replacement plans and subject to the review of the city engineer and approval of the city council. (5) The utilization of appropriate erosion control measures, subject to approval by the city engineer. (6) Soil testing to determine the ability of the proposed subdivision to support development. (7) Structure conformance to the natural limitations presented by the topography and soil so as to create the least potential of soil erosion. • Sec. XX. - Tree preservation and replacement. All subdivisions shall comply with any provisions of the city Code relating to the management, protection, and care of significant trees and other vegetative growth in the city. Cross reference— Vegetation, • Sec. XX. - Public sites and open spaces (park land or cash dedication). (a) As a prerequisite to final plat approval, and at the sole determination by the city, applicants and/or developers shall dedicate land for parks, playgrounds, public open spaces, or trails, and/or shall make a cash contribution to the city's park improvemen t fund. The dedication shall be proportioned to the anticipated effect of the plat on the park and trail system. The requirement may be met with a combination of land and cash if approved by the city council. (b) Land to be dedicated shall be reasonably suitable for its intended use as determined by the city and shall be at a location convenient to the public to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access, and location. (c) The applicant shall confer with city staff and the advisory commissions of the city council at the time the preliminary plat is under consideration, to secure a recommendation as to the location of any property or a cash amount that should be dedicated to the public. The preliminary plat shall show the location and dimensions of all areas to be dedicated in this manner. Such contribution requirement recommendations shall be sent to the park and recreation commission and planning commission for review and comment and subsequently to the city council for its approval. (d) When a proposed park, playground, recreational area, or other public ground has been indicated in the comprehensive plan or the park and open space plan and is located, in whole or in part, within a proposed plat, it shall be dedicated to the appropriate governmental unit. If the applicant elects not to dedicate an area in excess of the land required under this section for a proposed public site that the city determines is in the public interest to acquire, the city may consider acquiring the excess land through purchase or condemnation. (e) Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas shall not be used for credit against the requirement of dedication for park and recreation purposes, unless the city council finds it is in the public interest to do so. (f) The city, upon consideration of the particular type of development, may require that a smaller parcel of land should be dedicated due to particular features of the development. In such cases, a cash contribution shall be required above the land dedication to ensure that compensation is received for the full amount of the impact on the city's park and trail system. (g) In all new subdivisions, ten percent of the gross area subdivided, or a different percentage as the city council shall determine to be reasonably necessary as a result of the subdivision approval, shall be dedicated for public recreation space or other public use as established by the city council. The dedicated percentage of the gross area subdivided shall be in addition to property dedicated for streets, easements, or other public ways. No areas may be dedicated for public use until such areas have been approved by the city council. Land to be dedicated shall be of suitab le quality for the purpose intended and necessary for the health, safety, convenience, and general welfare of the city. (h) If a cash dedication is required, the developer shall pay a fee based upon the land use classification of the property (residential, commercial, or institutional) as established by city council resolution. Such amount is the city's best estimate of the effect of the subdivision on the city's park system. (i) All land proposed for trail and/or bikeway dedication shall be subject to the recommendations of the parks and recreation commission, and planning commission, and the approval of the city council. (j) When a subdivision is proposed, the developer shall make a dedication of land for public trail and/or sidewalk use, as provided for in this chapter, or shall pay a fee in lieu of such land dedication as established by city council resolution. Such amount shall be the city's best estimate of the effect of the subdivision on the city's trail system. (k) The city may elect at its sole discretion to receive a combination of cash, land, and development of the land for park and/or trail and/or sidewalk use in accordance with city policy established by the city council. (l) Park cash contributions are to be calculated and determined at the time of final plat approval. The city council shall require the payment at the time of final plat approval. (m) Cash contributions for parks and trails shall be deposited in the city's park improvement fund and shall only be used for park improvements and trail/sidewalk development, as determined by the city. Additionally, such funds may be utilized anywhere within the city park and trail systems. (n) Wetlands, ponding areas, and drainageways accepted by the city may not be considered in the park land and/or cash contribution to the city. (o) Property being replatted with the same number of lots or the same number of dwelling units shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, or if land outside the previously rec orded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional lots and on the additional land being added to the plat. (p) When land is dedicated and deeded to and accepted by the city for park purposes, it shall be the responsibility of the city to maintain such dedicated property. (q) Land dedication to the city shall be in the form of lots or outlots with approved lot and block numbers. (r) If the applicant or developer does not believe that the estimates, as determined by this chapter, fairly and accurately represent the effect of the subdivision on the park or trail system of the city, the applicant or developer may request that the city prepare an in -depth study of the effect of the subdivision on the park and trail system and an estimate of that effect in money and/or land. All costs of such study shall be borne by the developer or applicant. If the developer or applicant requests the preparation of such a study, no application for development s hall be deemed complete until the study has been completed, and a determination is made as to the appropriate amount of land or money necessary to offset the effects of the subdivision. • Sec. XX. - Dedication of stormwater holding areas or ponds. The applicant may be required to dedicate to the public land for stormwater holding areas or ponds. The stormwater holding area dedication shall not be considered part of the dedication for parks and recreation purposes or trail/bikeway purposes. Maintenance of stormwater holding ponds or other water retention areas is the responsibility of the applicant for the first five years, and cash shall be held by the city for pond maintenance under the provisions of the subdivision agreement. • Sec. XX. - Maintenance of private open space. If certain land areas or structures are provided within the subdivision for private recreational use or as service facilities, the owner of such land and buildings shall enter into an agreement with the city to ensure the continued operation and maintenance to a predetermined reasonable standard. These common areas may be placed under the ownership of one of the following depending upon which the city shall determine is most appropriate: (1) Dedicated to public where community-wide use would be anticipated; (2) Applicant's ownership and control; or (3) Property owners' association ownership and control, provided all of the following conditions are met: a. The property owners' association must be established prior to the sale of any lot; b. Membership must be mandatory for each owner and any successor in interest; c. The open space restrictions must be in perpetuity, not for a given period of years; d. The association must be responsible for liability insurance, local taxes, and the maintenance of the recreational area and facilities; e. Landowners must pay their prorated share of the cost and any assessment levied by the association that can become a lien on the property in accordance with law; and f. The association must be able to adjust the assessment to meet changed needs. • REQUIRED IMPROVEMENTS AND FINANCIAL ARRANGEMENT • Sec. XX. - Improvements required. Prior to the approval of a final plat by the city council, the applicant shall have agreed, in the manner set forth in this section, to install the following improvements on the site when required by the city council, in conformity with approved construction plans and in conformity with all applicable standards and ordinances: (1) Monuments shall be placed at all block corners, angle points, points of curves, in streets, and at intermediate points as shown on the final plat and as required by the city engineer. Pipes or steel rods shall be placed at the corners of each lot and at each intersection of street center lines. All United States, state, county, or other official benchmarks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position. All monuments shall be set in accordance with Minn. Stats. ch. 505. (2) The full width of the right-of-way of each street dedicated in the plat shall be cleared and graded as outlined in the subdivisions design standards of this chapter. (3) All streets shall be improved with concrete or bituminous surface, except as may be approved by action of the city council as part of a subdivision agreement. Pavement standards are outlined in the subdivision design standards of this chapter. (4) Public water facilities shall be installed in accordance with the standards and specifications as outlined in the subdivision design standards of this chapter and subject to the approval of the city engineer, at the expense of the applicant. (5) Public sanitary waste disposal systems shall be installed in accordance with the standards and specifications as outlined in the subdivision design standards of this chapter and subject to the approval of the city engineer, at the expense of the applicant. (6) Concrete curb and gutter, as recommended by the city engineer and approved by the city council, shall be installed along both sides of all streets to the standards listed in the subdivision design standards of this chapter. (7) Such facilities and easements shall be installed at the expense of the applicant under city approval and will adequately provide for the drainage of surface waters, and a storm sewer system may be required. Drainageway easements or land dedication may be r equired when such easements or land is needed in the public interest for purposes of floodplain management, proper drainage, wetland protection, prevention of erosion, pedestrian access to water bodies, or other public purpose. (8) All utilities including, but not limited to, telecommunications, electric and/or gas lines, shall be placed as outlined in the subdivision design standards of this chapter. (9) Where a larger size water main, sanitary sewer, storm sewer, storm drain, or similar facility is required to serve areas outside the subdivision than would be required by the subdivision design standards, the incremental cost for the larger facility shall be at the city's expense, unless provided for as outlined in the subdivision agreement. (10) Street name signs, traffic control signs, pavement marking, and other improvements as required by the city engineer shall be installed and paid for by the applicant. • Sec. XX. - Construction plans, inspection, and warranty. (a) Construction plans for the required improvements conforming in all respects with the standards and ordinances of the city shall be prepared at the applicant's expense by a professional engineer who is registered in the state, and such plans shall contain professional certification. Such plans, together with the quantities of construction items, shall be submitted to the city engineer for an estimate of the total costs of the required improvements and recommendations to the city council. Upon city council approval, such plans shall become a part of the required written agreement. The mylar copies of the plans approved by the engineer, plus four prints, shall be furnished to the city to be filed as a public record. (b) All required improvements on the site that are to be installed under the provisions of this chapter shall be constructed under the periodic observation of the city, at the applicant's expense, and acceptance by the city shall be subject to the city engineer's certificate of substantial compliance with the contract. (c) The applicant and/or developer shall provide to the city a written warranty of a minimum of two years that all required improvements on the site meet or exceed all city standards, that such improvements have been inspected and tested in regards to the city standards, and a warranty bond for 150 percent of the city engineer's estimate of the cost of the improvements. The applicant and/or developer shall be responsible for having all such inspections and testing completed at their expense. (d) Any work which, in the opinion of the city engineer, does not meet the specifications set forth in this section shall, upon written order from the city engineer, be removed immediately and replaced, or corrected and paid for by the applicant. The cost of all inspection and supervision required to ensure correction of the unacceptable work and all tests necessary to ensure that such faulty work has been corrected shall be paid for by the applicant. The city will not accept any street for permanent maintenance until after correction of faulty or unacceptable construction. • Sec. XX. - Installation of improvements. (a) The required improvements as liste d are to be furnished and installed at the sole expense of the applicant. If any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement, representing the benefit to such lands, to be allocated in accordance with city policies. (b) The city reserves the right to elect to install all or any portion of the improvements required under this section pursuant to state statutes, as may be amended. The city may require the applicant to post a financial guarantee, as outlined to ensure paymen t of assessments for the costs of installing the required improvements. • Sec. XX. – Subdivision agreement. (a) Private installation of improvements. (1) Prior to approval of the plat and the installation of any required improvements, the applicant shall enter into an agreement in writing with the city requiring the applicant/developer to furnish and construct such improvements at their sole cost and in acc ordance with plans and specifications and usual contract conditions. This shall include provision for observation of details of construction by the city. The agreement shall require all public and private utility material standards and installation requirements be met and shall be approved by the city engineer. (2) The agreement shall require the applicant to make a financial guarantee as determined by the city. The amount of the deposit or penalty amount of the security is to be based on the city engineer's estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection. The deposit or penalty amount shall equal 150 percent of the city engineer's estimate. (3) On request of the applicant, but at the sole discretion of the city, the agreement may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat. In such event, and if evidence is presented that the described work and improvements have been paid for, the amount of the deposit or bond may be reduced in a sum equal to the estimated cost of the improvements so completed prior to the acceptance of the plat. (4) The time for completion of the work and the several parts of such work shall be determined by the city council, upon recommendation of the city engineer after consultation with the applicant. It shall be reasonable with relation to the work to be done, the seasons of the year, and proper coordination with construction activities in the plat and subdivision. (b) City installation of improvements. (1) Any person desiring to have utility and street improvements installed may request the city to install them, subject to the conditions set out in subsection (b)(2) of this section and to the approval and authorization thereof by the city council and as authorized by state law. (2) If approved by the city council, the person requesting the installation of such utility and street improvements shall supply a security amount approved by the city guaranteeing payment for the installation of the improvements in an amount based on the city engineer's estimate of the total cost of the improvements to be installed. The deposit or penalty amount shall equal 150 percent of the city engineer's estimate of the cost of installation of the improvements. The security to be supplied to the city shall be payable on such terms and conditions as found by the city council to be reasonable and necessary to ensure that the costs of the improvements are properly secured and paid. The terms of the subdivision agreement shall provide that the city shall install the on -site public utility improvements within three years from the date of the plat and within such period the subdivider shall pay for all costs of such improvements. Any balance remaining after such im provements have been made and paid for shall be returned to the applicant. If insufficient cash is held in escrow to pay for the improvements, special assessments shall be levied for the purpose of paying for the same. The city council shall have the privilege of extending the three-year period available for construction of improvements. • Sec. XX. - Financial guarantee. (a) Generally. The agreement provided for in section 30-184 shall require the applicant to make a financial guarantee as determined by the city. The escrow deposit, certified check, irrevocable letter of credit, or other guarantee shall conform to the requirements of this section. (b) Escrow deposit; certified check. (1) If an escrow deposit or certified check is required, the escrow deposit or certified check shall be made out to the city in a sum equal to 150 percent of the total costs calculated by the city for all the improvements to be furnished and installed by the applicant pursuant to the contract, which have not been completed prior to approval of the plat. An additional cash deposit shall be furnished for costs of city inspections, and any necessary review by the city engineer and city attorney. Such deposit shall be equal to a sum determined by the city engineer. (2) The city shall be entitled to reimburse itself out of such deposit or check for any cost and expense incurred by the city for completion of the work in case of default of the applicant under such agreement, and for any damage sustained on account of any breach of such agreement. (3) Upon completion of the work and termination of any liability, the balance remaining in such deposit or check from this subsection (b) shall be refunded to the applicant upon approval by the city attorney. (c) Irrevocable letter of credit. (1) If the applicant is required to furnish an irrevocable letter of credit, the penal sum shall be payable to the order of the city and delivered to the city in an amount calculated by the city engineer, of all the improvements to be furnished and installed by the applicant pursuant to the contract, which have not been completed prior to the approval of the plat. An additional cash deposit shall be furnished for costs of city inspecti ons. Such deposit shall be equal to a sum determined by the city engineer. (2) The irrevocable letter of credit shall be approved as to form by the city attorney and filed with the city administrator. (3) The city shall be entitled to reimburse itself out of such letter of credit for any cost and expense incurred by the city for completion of the work in case of default of the applicant under such contract, and for any damages sustained on account of any breach of contract. (4) Upon completion of the work and termination of any liability, the letter of credit shall be released or returned to the applicant upon approval by the city attorney. (d) Other financial guarantees. Other methods of financial guarantee may be accepted by the city pursuant to the approval of the city manager and city attorney. • Sec. XX. - Improvements completed prior to approval of the final plat. Improvements within a subdivision which have been completed prior to application for approval of the final plat, or execution of the contract for installation of the required improvements, shall be accepted as equivalent improvements in compliance with the requirements of this chapter only if the city engineer certifies that the existing improvements conform to applicable standards and if evidence of payment for the work that has been completed is presented in such form as the city reasonably requires. 145 University Ave. West www.lmc.org 11/2/2021 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2020 All Rights Reserved This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. INFORMATION M EMO Subdivision Guide for Cities Learn the framework of municipal subdivision regulation. Find guidance on subdivision ordinance drafting, adoption, administration and enforcement. This memo covers development agreements, platting, 60-day rule and 120-day rule plus shoreland management and subdivision ordinances. It addresses city costs, interim ordinances (moratoriums) variances, park dedication and much more. RELEVANT LINKS: I. The purpose of subdivision regulations Minn. Stat. § 462.358, subd. 1a, 2a. Cities may regulate the subdivision of land through a subdivision ordinance. Developers who seek to subdivide larger tracts of land into smaller parcels for development and/or sale must follow the city’s subdivision ordinance. Subdivision regulations specify the standards of the city related to size, location, grading, and improvement of: Minn. Stat. § 462.358, subd. 2a. • Lots. • Structures. • Public areas, trails, walkways, and parks. • Streets and street lighting. • Installations necessary for water, sewer, electricity, gas, and other utilities. Subdivision regulations allow cities to ensure that a new development or redevelopment meets the standards of the city for a safe, functional and enjoyable community. Importantly, subdivision regulations can help the city preserve and protect vital natural resources. A. Ensuring safe and functional communities Subdivision standards keep communities safe and functional in many ways. Some typical examples include: • Preventing the flooding of basements by requiring the subdivider to grade appropriately for the subdivision and install curbs, gutters, and stormwater facilities. • Preventing car accidents by requiring the subdivider to provide for streets of an appropriate width and design for expected levels of traffic circulation. • Keeping pedestrians safe by requiring the installation of sidewalks, street lights, and trails. • Preventing cracked foundations, soil erosion and soil loss, and washed- out streets by requiring the developer to perform soil suitability tests. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 2 B. Ensuring enjoyable and livable communities Subdivision standards keep communities enjoyable and livable in many ways. Some typical examples include: • Requiring lots to be a suitable size for the houses built upon them and for the provision of yards and side yards that avoid crowding and afford privacy. • Requiring that streets and facilities in new areas harmonize with and complement existing features. • Requiring the subdivider to provide parks, trails, and other public places for the enjoyment of residents. • Requiring the subdivider to meet design standards that create a harmonious and aesthetically pleasing subdivision. C. Preserve and protect vital natural resources. Subdivision standards help the city preserve and protect vital natural resources. Some typical examples include: • Requiring the preservation of trees, woodlands, and significant vegetation during the time of construction, and replanting after construction. • Setting standards for the location, size, and sealing of wells, septic tanks water and/or sewer systems to avoid pollution problems. • Preserving and encouraging green and open space by setting standards for lot layout, such as requiring cluster developments. • Requiring preservation of important wetlands during the grading and construction process. • Requiring erosion and sediment control during construction, and regulating grading of the development to minimize the potential for soil loss. For each development built within a city on bare ground there are many possibilities for how the product will look and interact with the surrounding city environs. A 20-acre development can be subdivided a myriad of ways— to feature tightly clustered town homes surrounded by open space; 20 houses on one-acre lots on a straight grid pattern; or a middle ground of 10 houses, featuring cul-de-sacs and a shared park. Street patterns within the same 20 acres may also vary greatly, providing for cul-de-sacs and winding lanes, or broad heavy volume streets connected by feeder streets and alleys. If a city does not adopt subdivision regulations, the city’s authority to control the development of the community is limited at best. Without city subdivision regulations, developers do not have any constraints on the subdivision of land and location of streets and utilities in their developments. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 3 In these situations, developers may be tempted to maximize their potential profits at the expense of quality. For example, they may do this by creating too many small lots for sale, developing streets that are cheaper but too narrow and unsafe, and even building homes on inappropriate soils where flooding or erosion may occur. When there are problems with a completed development, there is a potential that the city will need to step in and correct issues that affect the health, safety, and welfare of residents. When a city must repair or replace streets, infrastructure, and utility lines, these costs are often passed along to homeowners through special assessments, potentially creating financial hardship for the homeowners in the subdivision. Minn. Stat. § 462.358, subd. 10. Minn. Stat. § 473.121, subd. 2. Minn. Stat. § 473.865. Minn. Stat. § 473.859, subd. 4. Section III-C-2 Metropolitan Council requirements and Metropolitan Planning Act. It is important to note, however, that state law does not require cities outside the metropolitan area to adopt subdivision regulations. Metropolitan cities, which includes all cities in the counties of Anoka, Carver, Dakota (excluding the city of Northfield and Cannon Falls), Hennepin (excluding the cities of Hanover and Rockford), Ramsey, Scott (excluding the city of New Prague), and Washington, must adopt subdivision regulations under the Metropolitan Land Planning Act. II. Applicability of city subdivision regulations Minn. Stat. § 462.352, subd. 12. Generally, city subdivision regulations will apply to most land divisions a city encounters. The subdivision regulations govern all separations of “areas, parcels, or tracts of land” under single ownership into two or more “parcels, tracts, or lots.” The subdivision regulations may even apply to long-term leasehold interests, when the lease agreement necessitates the creation of streets or alleys for residential, commercial, industrial, or mixed use. A. Certain types of subdivisions exempted by state statute A few divisions of land are not subject to a city’s subdivision authority. The following are excepted under state statute: Minn. Stat. § 462.352, subd. 12 (1). Minn. Stat. § 462.352, subd. 12 (2). Minn. Stat. § 462.352, subd. 12 (3). Minn. Stat. § 462.352, subd. 12. • Separations where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses. • Separations where all the resulting parcels, tracts, lots, or interests will be five acres or larger in size for commercial and industrial uses. • Cemetery lots. • Court ordered divisions or adjustments. • Lot consolidation, since subdivision refers only to separation of land. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 4 A developer may still choose to submit these types of divisions to the city’s regulatory subdivision process. However, it appears cities are without authority to require them do so. As a result, the city attorney should be consulted on these applications. B. Extra-territorial application Minn. Stat. § 462.358, subd. 1a. A.G. Op. 59A-32, (Nov. 4, 1977). A.G. Op. 59a-32, (Dec. 1, 1972). When neighboring towns have not adopted their own subdivision regulations, a city can extend the application of its subdivision regulations to unincorporated territory (a town) located within two miles of its limits in any direction. These regulations would supersede any county subdivision regulations. A city cannot extend its subdivision regulations into a neighboring incorporated city if the neighboring city has adopted subdivision regulations. When two cities that do not share a common border have boundaries less than four miles apart, each city is authorized to control the subdivision of land an equal distance from its boundaries within this area. The city must pass a resolution if it opts to extend the application of its subdivision regulations. Minn. Stat. § 462.36, subd. 3. When a city opts to extend its subdivision regulations beyond its borders, the city must file copies of all resolutions approving subdivisions in the extra- territorial area with the clerk of the affected town. C. Interactions with and differences from the city’s zoning ordinance LMC information memo, Planning Commission Guide. LMC information memo, Zoning Guide for Cities. Section III-C-2 Metropolitan Council requirements and the Metropolitan Land Planning Act. Much like a zoning ordinance, a city subdivision ordinance can be a powerful tool to help cities implement their comprehensive plan. Subdivision ordinances may cover similar topics and are often confused with zoning regulations. However, there are important differences between zoning regulation and subdivision regulation. Ideally, a city will have both in place, though this is not required by state statute for cities outside of the metropolitan area. Subdivision and zoning ordinances are similar in that they seek to regulate private use of land. Zoning regulations and subdivision regulations may both impose regulations as to lot size, location and improvements. Subdivision is different from the more familiar zoning in that it does the following: • Typically regulates projects that are larger in scope, contemplating eventual multiple owners of the newly created lots. • It usually is imposed at the initial development phase of a project, whereas zoning is applicable through the development phase of a subdivision and through the life of the completed subdivision. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 5 III. Drafting a subdivision ordinance Minn. Stat. §§ 462.351 to 462.365. Subdivision regulations can only be imposed by a local ordinance adopted in accordance with the Municipal Planning Act. A. Appropriations and expenditures Minn. Stat. § 462.353, subd. 3. Cities may use any funds not dedicated by law to other purposes for funding the drafting of a subdivision ordinance. Cities may accept grants and gifts to finance planning and land use activities and may contract with federal and state agencies or other public and private agencies for drafting assistance. B. Typical subdivision ordinance provisions and concepts Subdivision regulations vary widely from city to city, depending on the development goals and plans of the city. For example, one city may value preservation of agricultural space, while another city values the creation of affordable housing. One city may prefer “cluster” developments, while another prefers large single-owner, one-acre lots. These different values will be reflected in the subdivision regulations the city develops. Despite this, subdivision ordinances have many commonalities related to structure and form. This section discusses some common features of subdivision ordinances. 1. Definitions LMC information memo, Zoning Guide for Cities. A definition section is essential to any subdivision ordinance. Terms and concepts that may be reasonably subject to more than one interpretation should be explicitly defined in this section. Graphics may also be included to further clarify difficult concepts. 2. Reimbursement for city review costs Minn. Stat. § 462.358, subd. 2a. Minn. Stat. § 462.353, subd. 4. Section V-A-2-b Reimbursement for city review costs. City review of a proposed subdivision application may involve significant staff time as well as consulting services of planners, attorneys, engineers, and other professionals. Cities are authorized to seek reimbursement for the city’s costs for review, approval, and inspection of a project. 3. Preliminary/final plat approval process Minn. Stat. § 462.358, subd. 3b. Section V Subdivision ordinance administration. Cities must establish a process for review of subdivision applications in the ordinance. Most cities have a two-part process involving preliminary approval and final approval. However, state law does permit cities to combine these two approval processes. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 6 4. Platting Minn. Stat. § 462.358, subd. 3a. Minn. Stat. § 505.01, subd. 3(f). Section V- I Platting requirements. A plat is a scale drawing of one or more parcels of land that shows the location and boundaries of the parcels’ lots, blocks, parks, road, and other significant features. Cities may require that all subdivision of land be platted and must require the platting of larger subdivisions. 5. Variances Minn. Stat. § 462.358, subd. 6. Section V-G Variances. Like zoning, cities may issue variances from their subdivision ordinance. Cities may issue variances where an unusual hardship related to the land exists. If a city wishes to allow variances, the process and criteria must be established in the local ordinance. State statute does not set a standard for issuing variances. 6. Design guidelines Design guidelines in a subdivision ordinance allow a city to set community standards for issues such as street lighting, street design and width, drainage, and lot sizes and arrangement. 7. Land dedication Minn. Stat. § 462.358, subd. 2b(a). Section VII Land dedication for public facilities. Cities may by ordinance require that developers dedicate a reasonable portion of land within the development to public use for such things as streets, utilities, drainage, and parks and recreational facilities. a. Park dedication fees Minn. Stat. § 462.358, subd. 2b(c). Section VII-A Cash payment in lieu of land dedication. In lieu of dedication of land for park, recreational, and open space purposes, cities may require developers to pay to the city cash fees. The city must use the cash fees only to acquire recreational, park, or open space land off-site from the development. The fees cannot be used for ongoing maintenance. 8. Required improvements and development agreements Minn. Stat. § 462.358, subd. 2a. Section VI Public improvement requirements. Section VI-B Development agreements. Cities may condition approval of a subdivision upon the developer’s agreement to construct and provide needed public improvements such as streets, utilities, and similar improvements. This agreement should be formalized in a written development agreement. 9. Environmental concerns and natural resource protection Many cities utilize their subdivision ordinance to preserve trees, soils, wetlands, and other natural features during the development process. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 7 Where development requires the removal of natural features, cities may require replacement or other mitigation. 10. Minor subdivisions Minn. Stat. § 462.358, subd. 3b. Minn. Stat. § 505.03, subd. 1. Section V-H Minor subdivisions. State statute allows cities to adopt ordinance provisions that consolidate the preliminary and final plat approval process. Sometimes this is referred to as a “minor subdivision.” State statute requires municipal subdivision ordinances to require a plat for all subdivisions that create five or more lots or parcels which are 2-1/2 acres of less in size. When a city approves a subdivision that creates less than five parcels that are 2 -1/2 acres or more in size, it is sometimes called a “minor subdivision” In these situations, the city’s subdivision ordinance may require a plat, but is not required. C. Legal standards in drafting subdivision ordinances City subdivision ordinances may differ greatly from city to city to reflect the concerns and development goals of the city. However, all city subdivision ordinances must conform to legal standards in state and federal statute. In addition, cities’ ordinances must be consistent with state and federal court rulings. 1. Municipal Planning Act Minn. Stat. §§ 462.351 to 462.365. Hubbard Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757, (Minn. 1982). DI MA Corp. v. City of St. Cloud, 562 N.W.2d 312 (Minn. Ct. App. 1997). Nordmarken v. City of Richfield, 641 N.W.2d 343 (Minn. Ct. App. 2002). All city subdivision authority is granted to cities by and subject to the Municipal Planning Act. Ordinances may vary from city to city, but all must comply with both the substantive and procedural requirements contained in the Municipal Planning Act. Northshor Experience, Inc. v. City of Duluth, MN, 442 F.Supp.2d 713 (D. Minn. 2006). Costley v. Caromin House, Inc., 313 N.W.2d 21 (Minn. 1981). A.G. Op. 59- A-32 (Jan. 25, 2002). In addition, cities, including home rule charter cities, cannot adopt local ordinances that contradict the explicit provisions of the Municipal Planning Act. The Municipal Planning Act contains numerous directives to cities on drafting a subdivision ordinance. These include but are not limited to the following requirements: Minn. Stat. § 462.358, subd. 2a. Minn. Stat. § 462.358, subd. 1a. Minn. Stat. § 462.358, subd. 3a. • The subdivision regulations must be consistent with the city’s official map and zoning ordinance. • The subdivision ordinance may provide for different types or classes of subdivisions, but the regulations within each type or class must be uniform. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 8 Section V-I Platting requirements. Minn. Stat. § 462.358, subd. 3a. Section V-I Platting requirements. Minn. Stat. § 462.358, subd. 3b. Section V-A Process for adoption. • The subdivision ordinance must require plats for subdivisions that create five or more lots that are 2 ½ acres or less in size. • All plats must conform to the technical requirements found in Minn. Stat. ch. 505. • The subdivision ordinance must require that a complete subdivision application for a preliminary plat be approved or disapproved within 120 days, unless the city and the applicant have agreed to an extension. Minn. Stat. § 462.358, subd. 2b, 2c. In addition, land dedication requirements are subject to numerous additional directives as discussed in section VI of this memo. 2. Metropolitan Council requirements and the Metropolitan Land Planning Act Minn. Stat. § 473.121, subd. 2. Minn. Stat. § 473.865. Minn. Stat. § 473.859, subd. 4. Metropolitan Council. Metropolitan Council Local Planning Handbook. Metropolitan cities are subject to the Metropolitan Land Planning Act. Metropolitan cities include all cities in the counties of Anoka, Carver, Dakota (excluding the city of Northfield and Cannon Falls), Hennepin (excluding the cities of Hanover and Rockford), Ramsey, Scott (excluding the city of New Prague), and Washington. The Act requires metropolitan cities to submit copies of their subdivision ordinances to the Metropolitan Council for information purposes within 30 days following adoption. A metropolitan city may not adopt a subdivision ordinance that conflicts with the metropolitan system plans. 3. State law provisions related to natural resource protection and floodplains In cities that contain certain natural resources such as lakes and rivers, or are located in a floodplain, the subdivision ordinance must also conform to the following state standards: Minn. Stat. § 103F.121. Minn. R. 6120.5000 - 6120.6200. Floodplain Management Ordinances MN DNR sample MN DNR Floodplain Management. • Floodplain requirements: State law sets minimum requirements and standards for development in flood plains. City subdivision ordinances must be consistent with state standards to preserve the capacity of the floodplain to carry and discharge regional floods and minimize flood hazards. Minn. Stat. § 103F.335. MN DNR: Wild and Scenic Rivers Program. • Wild and scenic rivers development requirements: Cities with shoreland located within the Minnesota Wild and Scenic Rivers System are subject to additional state law restrictions when developing a subdivision ordinance. Subdivision ordinances in these cities must comply with minimum state standards set by the commissioner of Natural Resources. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 9 Minn. Stat. § 103F.221. Minn. R. 6120.2500 – 3900. Shoreland Management Model Ordinance MN DNR model. Shoreland Management Program, MN DNR. • Shoreland development requirements: For cities that contain shoreland, state regulations control the use and development of shorelands. City shoreland subdivision regulations must be at least as restrictive as state standards and are subject to the review of the commissioner of Natural Resources. Minn. Stat. § 462.355, subd. 1. Minn. Stat. § 103G.005, subd. 10b. • President Theodore Roosevelt Memorial Bill to Preserve Agricultural, Forest, Wildlife, and Open Space Land. When adopting or amending a subdivision ordinance, some cities must consider restricting new residential, commercial, and industrial development in a manner consistent with the Act’s goal of preserving land from development sprawl. Cities are not required to adopt subdivision practices consistent with the T. Roosevelt Memorial Preservation Act, but must demonstrate that their decision process considered the Act’s stated goals, probably as findings of fact. (Cities in Aitkin, Beltrami, Carlton, Cass, Clearwater, Cook, Crow Wing, Hubbard, Isanti, Itasca, Kanabec, Koochiching, Lake, Lake of the Woods, Milles Lacs, Pine, St Louis and Wadena counties are not subject to the T. Roosevelt Memorial Preservation Act, because they are currently classified as “greater than 80 percent area” counties). D. Obtaining technical assistance in ordinance drafting LMCIT Land Use Loss Control. City subdivision is regulated by numerous diverse state and federal laws and court cases. As a result, cities should retain the assistance of an experienced planner and attorney when drafting subdivision ordinances. Cities may also contact the League of Minnesota Cities Insurance Trust (LMCIT) for assistance. Resources are posted on the League website, and LMCIT land use attorneys are also available to provide customized information and training to member cities. IV. Subdivision ordinance adoption and amendment Minn. Stat. § 462.352, subd. 14. Minn. Stat. § 462.358, subd. 1a. Cities must adopt and amend subdivision regulations in ordinance form. A. Process for adoption Minn. Stat. § 462.352, subd. 14. Minn. Stat. § 462.358, subd. 1a. Unlike with zoning regulations, cities are not required to hold a public hearing or provide published or mailed notice prior to adopting or amending their subdivision regulations. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 10 Handbook, Meetings, motions, resolutions and ordinances. State statute does not specify any particular or extraordinary voting requirements for subdivision ordinance adoption or amendment. As a result, an ordinance may be adopted and amended by a majority vote of the council. Cities should follow their regular publication requirements. Section VII Land dedication for public facilities. Minn. Stat. § 462.358, subd. 2b(b). If the subdivision regulations require dedication of buildable land for streets, sewers, parks, utilities, recreational facilities, playgrounds, trails, wetlands, or open space, the city must first have in place a capital improvement budget and a parks and open space plan. The parks and open space plan may be a component of the city comprehensive plan. Minn. Stat. § 462.358, subd. 3b. LMC information memo, Planning Commission Guide. State law does not require planning commission review of subdivision ordinances and ordinance amendments prior to their adoption. However, the city may adopt a policy requiring planning commission review if it prefers. B. Publication Handbook, Meetings, motions, resolutions and ordinances. LMC information memo, Newspaper Publication. Minn. Stat. § 412.191, subd. 4. Minn. Stat. § 331A.01, subd. 10. In statutory cities, ordinances and ordinance amendments must be published once in the city’s official newspaper. A statutory city may, in the alternative, choose to publish a summary of lengthy ordinances, provided that certain legal requirements are met. Minn. Stat. § 331A.05, subd. 6. In home rule charter cities, the charter can impose additional or special requirements for the publication of ordinances. C. Filing with county recorder Minn. Stat. § 462.36, subd. 1. A certified copy of a subdivision ordinance or ordinance amendment must be filed with the county recorder. D. Interim ordinances (moratoria) Pawn America Minnesota, LLC v. City of St Louis Park, 787 N.W.2d 565 (Minn. 2010). Minn. Stat. § 462.355, subd. 4. Adoption of an interim ordinance (more commonly known as a moratorium) may aid cities in the zoning ordinance amendment process, by allowing a city to study an issue without the pressure of time generated by pending applications. Statutory or charter cities, unless contraindicated by the charter, may use a moratorium, as allowed by law, to protect the planning process, particularly when formal studies may be needed on an issue. Cities must follow the procedures established in state statute to initiate a moratorium and should work with their city attorney to make sure the moratorium is not otherwise prohibited by law. Minn. Stat. 237.163, subd. 2. For example, with respect to managing telecommunications right-of-way users, the law prohibits cities from establishing a moratorium with respect to filing, receiving, processing, issuing or approving applications for right-of- way or small wireless facility permits. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 11 1. Applicability Minn. Stat. § 462.355, subd. 4(c). Semler Const., Inc. v. City of Hanover, 667 N.W.2d 457 (Minn. Ct. App. 2003). Handbook, Community Development and Redevelopment. An interim ordinance or moratorium may not delay or prohibit a subdivision that has been given preliminary approval, nor extend the time for action under the 60-day rule with respect to any application filed prior to the effective date of the interim ordinance. Woodbury Place Partners v. Woodbury, 492 N.W.2d 258 (Minn. Ct. App. 1993). Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning Agency, 535 U.S. 302 (2002). According to the Minnesota Court of Appeals, the use of an interim ordinance prohibiting or limiting land use generally is not compensable if a valid purpose for the interim regulation exists. In evaluating whether an interim ordinance created a temporary taking, in the nature of a regulatory taking, courts will look to the parcel as whole. The law does not set forth a bright-line rule for regulatory takings; rather, evaluation occurs on a case-by-case basis. 2. Procedure for adoption of an interim ordinance Minn. Stat. § 462.355, subd. 4(a). Cities must initiate a moratorium by adopting an ordinance. The interim ordinance may regulate, restrict, or prohibit any use, development, or subdivision within the city or a portion of the city for a period not to exceed one year from the effective date of the ordinance. An interim ordinance may be adopted only for one of the following circumstances where a city chooses to do the following actions: • Conducts studies on the issue. • Authorizes conducting a study. • If a statutory or home rule charter city seeks to regulate, restrict, or prohibit a housing proposal and the ordinance has been approved by a majority vote of all members of the city council. • Holds or schedules a hearing to consider adoption or amendment of a comprehensive plan or other official controls, including the zoning code, subdivision controls, site plan regulations, sanitary codes, building codes, and official maps. • Annexes new territory into the city for which plans or controls have not been adopted. The legal justification for the interim ordinance should be stated in the findings of fact when the ordinance is adopted. No notice or hearing is generally necessary before an interim ordinance is enacted. 3. Limited public hearing requirements Minn. Stat. § 462.355, subd. 4(b). Duncanson v. Board of Supervisors of Danville Tp., 551 N.W.2d 248 (Minn. Ct. App. 1996). A hearing is generally not necessary before enactment of an interim ordinance. However, a public hearing must be held if the proposed interim ordinance regulates, restricts or prohibits livestock production (feedlots). RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 12 In such case, the notice of the hearing must be published at least ten days prior to the hearing in a newspaper of general circulation in the city. Minn. Stat. § 462.355, subd. 4. Before adopting an interim ordinance related to a housing proposal, the city council must hold a public hearing after providing written notice to any person who has submitted a housing proposal, has a pending housing proposal, or has provided a written request to be notified of interim ordinances related to housing proposals. The written notice must be provided at least three business days before the public hearing. Notice also must be posted on the city’s official website, if the city has an official website. The date of the public hearing shall be the earlier of the next regularly scheduled city council meeting after the notice period or within 10 days of the notice. The activities to be restricted by the proposed interim ordinance may not be undertaken before the public hearing. 4. Procedure for interim ordinance extension Minn. Stat. § 462.355, subd. 4(c). An interim ordinance may be extended only in limited circumstances if the procedures of state statute are followed. An interim ordinance may be extended if the city holds a public hearing and adopts findings of fact stating that additional time is needed to do the following: Minn. Stat. § 462.355, subd. 4(c)(3). Minn. Stat. § 462.355, subd. 4(c)(1). Minn. Stat. § 462.355, subd. 4(c)(2). Minn. Stat. § 462.355, subd. 4(c). • Complete and adopt a comprehensive plan in cities that did not have a comprehensive plan in place when the interim ordinance was adopted. This allows an extension for an additional year. • Obtain final approval or review by a federal, state, or metropolitan agency of the proposed amendment to the city’s official controls, when such approval is required by law and the review or approval has not been completed and received by the municipality at least 30 days before the expiration of the interim ordinance. This allows an extension for an additional 120 days. • Complete “any other process” required by a state statute, federal law, or court order and when the process has not been completed at least 30 days before the expiration of the interim ordinance. This allows an extension for an additional 120 days. • Review an area that is affected by a city’s master plan for a municipal airport. This allows for an additional period of 18 months. The required public hearing must be held at least 15 days but not more than 30 days before the expiration of the interim ordinance and notice of the hearing must be published in the official newspaper at least 10 days before the hearing. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 13 V. Subdivision ordinance administration A. The application process: overview The application review process involves many steps, from submission of an initial application on the appropriate city form, to staff review, until ultimate city council acceptance or denial. Minn. Stat. § 462.358, subd. 3b. Section III-B-4.120 day rule: preliminary plat review. Timelines are a critical component of the application process. A subdivision application must receive preliminary approval or disapproval within 120 days of its delivery, unless the applicant agrees to an extension. Section IV-B-4 Procedure for interim ordinance extension. If no action is taken within 120 days, the application will be deemed approved after this time period. Similarly, final plats must be approved in 60 days from the date of application for the final plat. 1. Application forms and required materials The city subdivision ordinance must include the city requirements for the content of applications submitted to the city. For example, the city ordinance should require that all applications for approval be submitted on an official city form and require that application include scale drawings or graphics, legal descriptions, plats and surveys, and all information needed by the city to evaluate the application. 2. City staff and the structure for review Because subdivision applications must be approved within a relatively short time period, it is important that the city have an organized system for reviewing and processing subdivision applications. Generally, this system is composed of staff, city consultants (such as city engineers and attorneys), and city officials, who ensure that subdivision applications are reviewed and answered in a timely manner, and that subdivision ordinance provisions are enforced. Cities may wish to develop forms and checklists to ensure subdivision applications receive the appropriate review and report from city staff and consultants. a. Planning commission review Minn. Stat. § 462.358, subd. 3b. State law does not require that subdivision applications be submitted to the city planning commission for review. See LMC information memo, Planning Commission Guide. However, cities may delegate review authority to the planning commission in city ordinance; but statutory cities may not delegate final approval or disapproval to the planning commission. Final approvals or disapprovals can only be granted by the city council. Charter cities may delegate this authority if their charter specifically provides for this. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 14 b. Reimbursement for city review costs Minn. Stat. § 462.358, subd. 2a. City review of a proposed subdivision application may involve significant staff time as well as consulting services of planners, attorneys, engineers, and other professionals. Cities are authorized to seek reimbursement for the city’s costs for review, approval, and inspection of a project. Cities must authorize reimbursement in their subdivision ordinance. Minn. Stat. 471.462. Real Estate Development or Construction Consultant Fees Checklist and Acceptance Statement, LMC Model Form. For all applications for permits, licenses, or other approvals related to real estate development or construction, all cities are required, on request, to provide a written, nonbinding estimate of consulting fees the city will charge to the applicant based on the information available at the time. An application is not complete until the city has provided the written estimate, received all application fees, received a signed acceptance of the fee estimate from the applicant, and received a signed statement that the applicant has not relied on the estimate in its decision to proceed to final application. For outside consulting services, such as an attorney or engineer, cities must charge a subdivision applicant at the same rate as the city itself is billed. Cities cannot attach an additional premium to consultant rates. When billing for city staff time, cities must bill applicants at an established rate. For subdivision applications for projects of any size, cities should require that an applicant provide the city with escrowed, or set aside, cash in an amount likely to cover the city’s costs for reviewing, approving, and inspecting a project. In the alternative, cities may require some other type of security—such as a letter of credit—in an amount sufficient to guarantee coverage of the city’s review costs. These requirements should also be stated in the subdivision ordinance. (1) Verification of plats and surveys Minn. Stat. § 505.03, subd. 3. When a city requires a plat to be submitted along with a subdivision application, cities have additional authority to seek reimbursement for city review costs. Cities are authorized to employ qualified persons, such as a surveyor, to check and verify surveys and plats and to determine the suitability of the plat from the standpoint of community planning. Cities may require the applicant to reimburse the city for such services. When the city uses a city employee to perform these reviews, the city may charge for these services based upon the employee’s regular wage. (2) Fee requirements: accounting/management Minn. Stat. § 462.353, subd. 4 (b). All cities are required to adopt management and accounting procedures to ensure fees are maintained and used only for the purpose for which they are collected. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 15 (3) Fee ordinances and fee schedules Minn. Stat. § 462.353, subd. 4 (c), (a). Generally, cities must adopt fees by ordinance. However, there is a statutory exception to this general requirement. Cities that collect an annual cumulative total of $5,000 or less of land use fees may adopt a fee schedule by ordinance or by resolution after holding a public hearing. Notice must be published at least 10 days before the public hearing. Cities that collect an annual cumulative total in excess of $5,000 of land use fees may also adopt a fee schedule if they wish, but they may only do so by ordinance, after following the same notice and hearing procedures. Jan. 1 is set by statute as the standard effective date for changes to fee ordinances. A city may set a different effective date, but the new fee ordinance must not apply to a project if its application for final approval was submitted before the ordinance was adopted. (4) Fee disputes Minn. Stat. § 462.353, subd. 4 (d). If a dispute arises over a specific fee imposed by a city related to a specific application, the applicant may appeal the fee to district court. The applicant must provide notice to the city of the appeal by certified letter and place the disputed fee in an escrow account. After notice and deposit, the application must be processed as if the fee had been paid. The appeal must be brought within 60 days after approval of the application and deposit of the fee into escrow. B. Preliminary plat review Minn. Stat. § 462.358, subd. 3b. Minn. Stat. § 462.358, subd. 3b. Minn. Stat. § 505.03, subd. 1. Section V-H Minor subdivisions. The city subdivision ordinance must establish the process for review of applications. Cities have discretion in determining the process that they would like to use. However, the subdivision statute generally requires cities to follow a two-step process in the administration of city subdivision regulations. First, the landowner applies for preliminary plat approval, and then subsequently for final plat approval. Cities may also opt to consolidate these two reviews or provide for administrative review of plats that delineate existing parcels and minor subdivisions. However, the two-step process is the most widely used process. Generally, for preliminary plat approval, the applicant will submit to the city a plat and various concept drawings as required by city ordinance. Some cities require applicants to meet with staff for a “pre-application” review, prior to the filing of the preliminary plat application. This internal review allows staff to inform applicants of the city’s expectations and ordinance requirements. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 16 Note: a city has the most discretion in evaluating the application against its ordinance requirements during the preliminary approval stage. This is the time to impose conditions and address any concerns the application may generate. The term “preliminary approval” can be misleading, since it implies that the review is cursory or limited in scope. This is not the case in the subdivision context. Semler Const., Inc. v. City of Hanover, 667 N.W.2d 457 (Minn. Ct. App. 2003). Jordan Real Estate Services, Inc. v. City of Gaylord No. A08-0294 (Minn. Ct. App. 2009) (unpublished). The preliminary plat approval stage establishes the nature, design, and scope of a development project. It sets the conditions or guidelines, in large part, under which final plat approval can be obtained. After a plat is preliminarily approved, changes should generally be limited to meeting requirements imposed as a condition of approval or to meeting legal requirements under city ordinance and state or federal law (where applicable). 1. Conditional approval: Preliminary plats Minn. Stat. § 462.358, subd. 2a. Minn. Stat. § 462.358, subd. 3b. A city may approve a preliminary plat along with conditions that must be satisfied for final plat approval. Conditions for how the final subdivision design will meet ordinance provisions often are quite specific. For example: • Requiring the developer to reduce the number of lots and provide for a greater wetland buffer in the final plat. • Requiring the developer to add sidewalks and develop a trail plan in consultation with city staff. • If any public improvements are to be installed by the developer, requiring a development agreement between the city and the applicant. Section VI-B Development agreements. Conditional approvals related to required public improvements and development agreements are discussed in more detail subsequently. 2. Partial approval: Preliminary plats Minn. Stat. § 462.358, subd. 3b. Cities may also provide for partial approval of a preliminary plat application. For example, where a proposed subdivision includes multiple phases or is otherwise large in scope, the city may grant preliminary approval to some parts of an application but deny others. 3. Public hearing requirements: Preliminary plats Minn. Stat. § 462.358, subd. 3b. LMC information memo, Zoning Guide for Cities, Section V-C-2-b Conducting a public hearing. The city must hold a public hearing on all subdivision applications prior to preliminary approval, following publication of notice at least 10 days before the hearing. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 17 4. 120-Day Rule: Preliminary plats Minn. Stat. § 462.358, subd. 3b. Minn. Stat. § 15.99. A subdivision application must receive preliminary approval or disapproval within 120 days of its delivery, unless the applicant agrees to an extension. If no action is taken, the application will be deemed approved after 120 days. Calm Waters, LLC v. Kanabec County Bd. of Com'rs, 756 N.W.2d 716 (Minn. 2008). (Note that this 120-day period differs from the usual 60-Day Rule. By its terms, the 60-Day Rule found at Minn. Stat. § 15.99 does not apply to city subdivisions). The city should document all extensions in writing. Section IV-C Filing with county recorder. If the city does not act on an application within 120 days, the applicant may demand a certificate of approval from the city. Following receipt of the certificate, the applicant may request final approval by the city. 5. Review of preliminary plats bordering trunk highways, county and state roads, or highways a. Trunk highways Minn. Stat. § 505.03, subd. 2(a). State law mandates special procedures for when a city receives a preliminary plat application for land that: • Abuts an existing or established trunk highway or state rail property. • Abuts a proposed trunk highway or state rail property that has been designated by a centerline order filed with the county clerk. The city must refer these applications to the commissioner of the Minnesota Department of Transportation (MnDOT) for written comments and recommendations. Plats must be submitted to MnDOT at least 30 days prior to the city taking final action on the preliminary plat application. After receiving a plat application for the city, MnDOT has 30 days to respond. The city may not take action on the preliminary plat until comments have been received or 30 days have elapsed. Calm Waters, LLC v. Kanabec County Bd. of Com'rs, 756 N.W.2d 716 (Minn. 2008). Minn. Stat. § 15.99, subd. 2(a). The statute requiring the referral to MnDOT does not provide for tolling of the 120-Day Rule, while MnDOT considers the application. The general tolling provisions of the 60-Day Rule for issues related to zoning do not apply. As a result, the city must complete its review of the preliminary application, including any MnDOT review, within 120 days, unless an extension is agreed to by the applicant. b. County roads, highways, and state-aid highways Minn. Stat. § 505.03, subd. 2(b). Similar requirements exist for when a preliminary plat includes land that borders an existing or proposed county road, highway, or county state-aid RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 18 highway. These plats must be submitted to the county engineer for review within five days of receipt by the city for written comments and findings. Minn. Stat. § 505.03, subd. 2(b), (c). The county engineer has 30 days to provide written comments on the plat. The city may not take final action on the preliminary plat until comments have been received or 30 days have elapsed. The county engineer’s review must be limited to commenting on factors related to the county’s officially adopted guidelines for such reviews. When the county engineer has submitted comments, the city must notify the county of its eventual final approval of a preliminary plat within 10 days of such approval. Along with this notice, the city must submit a statement that explains the city’s response to the county engineer’s written concerns. Where the preliminary plat was not amended or changed to address the county engineer’s concerns, state law requires further consultation between the two entities. Prior to approval of the final plat, representatives of the city and county must meet to discuss their differences and agree on whether changes to the plat are appropriate prior to final approval. In situations where this conference is necessary, the city should make county approval a formal condition to final plat approval. Calm Waters, LLC v. Kanabec County Bd. of Com'rs, 756 N.W.2d 716 (Minn., 2008). Minn. Stat. § 15.99, subd. 2(a). The statute requiring the referral to county engineer does not provide for tolling of the 120-Day Rule, while the county considers the application. In addition, the general tolling provisions of the 60-Day Rule for issues related to zoning do not apply, because the 60-Day Rule statute specifically excepts from its provisions municipal decisions on subdivisions subject to the 120- day requirement. As a result, the city must complete its review of the preliminary application, including any county review, within 120 days, unless an extension is agreed to by the applicant. c. Trunk highways, county roads, and highways Minn. Stat. § 505.03, subd. 2(b). When a preliminary plat abuts a trunk highway or state rail property and includes county roads, the city must follow both processes detailed above and submit a copy of the application to both MnDOT and the county engineer. d. Required information for submission to MnDOT and the county engineer Minn. Stat. § 505.03, subd. 2(d). Submissions to MnDOT or the county engineer must include both a legible preliminary drawing or print of the proposed preliminary plat and an attached written statement describing: • The outlet for and means of disposal of surface waters from the platted area. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 19 • The land use designation or zoning category of the proposed platted area. • The locations of ingress and egress to the proposed platted area. • A preliminary site plan for the proposed platted area, with dimensions to scale, authenticated by a registered engineer or land surveyor, showing the existing or proposed state highway, county road, or county highway and all existing and proposed rights-of-way, easements, general lot layouts, and lot dimensions. When a subdivision application is finally approved and recorded, the city must file with the plat, in the office of the county recorder or registrar of titles, a certificate or other evidence showing submission of the preliminary plat to the commissioner or county highway engineer as required by law. C. Final plat review Minn. Stat. § 462.358, subd. 3b. Semler Const., Inc. v. City of Hanover 667 N.W.2d 457(Minn. Ct. App. 2003). Jordan Real Estate Services, Inc. v. City of Gaylord No. A08-0294 (Minn. Ct. App. 2009) (unpublished). After preliminary plat approval, state statute allows the applicant to seek final approval. The final plat application must demonstrate conformance with the conditions and requirements of preliminary approval and conformance with city regulations and state and federal law (where applicable). 1. Public hearing requirements: Final plats Unlike preliminary plat approval, there is no required public hearing on the final plat. 2. 60-Day Rule: Final plats Minn. Stat. § 462.358, subd. 3b. Once an applicant has requested final approval, the city must approve or disapprove of the application in 60 days. If the municipality fails to act within 60 days, the final plat application may automatically be deemed approved. D. Standard of review for preliminary and final plats State, by Rochester Ass'n of Neighborhoods v. City of Rochester, 268 N.W.2d 885 (Minn. 1978). Henning v. Village of Prior Lake, 435 N.W.2d 627 (Minn. Ct. App., 1989). VanLandschoot v. City of Mendota Heights, 336 N.W.2d 503 (Minn., 1983). When drafting and adopting a subdivision ordinance, cities have a lot of discretion in choosing their language and setting design standards. When drafting and adopting a subdivision ordinance, the city is said to be utilizing its legislative (or law-making) authority. When using its legislative authority, the only limits on the city’s authority is that action must be constitutional, rational, and in some way related to protecting the health, safety, and welfare of the public. This is known as the “rational basis standard” and it is generally a relatively easy standard for cities to meet. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 20 In contrast, when administering an existing subdivision ordinance by reviewing a preliminary or final plat application, the city’s discretion is much more limited. Generally, when reviewing a subdivision application, the city is no longer acting in its legislative capacity. When reviewing subdivision applications, the city is said to be exercising a quasi-judicial (judge-like) function. Rather than legislating for the broad population as a whole, the city is making a quasi-judicial determination about an individual subdivision application regarding whether the application meets the standards of the city ordinance. In quasi-judicial circumstances, the city must follow the standards and requirements of the ordinance it has adopted. If an application meets the requirements of the ordinance, generally it must be granted. If an application is denied, the stated reasons for the denial must all relate to the applicant’s failure to meet standards established in the ordinance. In sum, the city has a great deal of liberty to establish the rules, but once established, the city is as equally bound by the rules as the public. Northwestern College v. City of Arden Hills, 281 N.W.2d 865 (Minn. 1979). In quasi-judicial situations, a reviewing court will closely scrutinize the city’s decision to determine whether the city has provided a legally and factually sufficient basis for denial of an application. Kottschade v. City of Rochester, 537 N.W.2d 301 (Minn. Ct. App. 1995). In quasi-judicial situations, due process and equal protection are the main reasons for the more stringent scrutiny. Due process and equal protection under the law demand that similar applicants must be treated uniformly by the city. The best process for ensuring similar treatment among applicants is to establish standards in the ordinance and to provide that if standards are met, the subdivision application must be granted. An application may generally only be denied for failure to meet the standards in city ordinances. A reviewing court will overrule a quasi-judicial city subdivision decision if it determines that the decision was arbitrary (failed to treat equally situated applicants equally or failed to follow ordinance requirements). E. Importance of documentation of city decisions on applications LMC information memos, Taking the Mystery Out of Findings of Fact. City decisions on subdivision applications, just like zoning decisions, may result in a lawsuit challenging the city’s approval or denial of the application. Documentation of the city’s basis for denials and approvals is essential to defending the city’s decision in a court of law. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 21 F. Effect of Approval Minn. Stat. § 462.358, subd. 3c. For a period of one year after approval of a preliminary plat and two years after final approval of a plat, amendments to the city’s comprehensive plan and official controls cannot alter or affect the approved development’s: • Use. • Development density. • Lot size. • Lot layout. • Dedications or platting required or permitted by the approved plat. Semler Const., Inc. v. City of Hanover, 667 N.W.2d 457 (Minn. Ct. App. 2003). Cities and developers may mutually agree to alterations within these time periods. Cities may also agree by resolution or written agreement to extend these one- and two-year timelines for planned and staged developments. Once a city has agreed to an extension, it may not unilaterally revoke the extension. Cities may place conditions on such extensions. Henning v. Village of Prior Lake, 435 N.W.2d 627 (Minn. Ct. App. 1989). Where a subdivision has been granted preliminary approval, but final approval has not been applied for in one year, or where final approval is granted, but the development is not completed within two years, the city may request that a developer submit a new subdivision application. Cities may not request a new application in the following situations: • Substantial development and investment have occurred in reliance on the approved preliminary or final plat. • The developer will suffer substantial financial damage as a result of the requirement to submit a new application. In these instances, a city may still require the developer to submit to any applicable conditions and requirements as a prerequisite to an extension. Section IV-D Interim ordinances. An interim ordinance or moratorium may not delay or prohibit a subdivision that has been given preliminary approval, nor extend the time for action under the 60-Day Rule with respect to any application filed prior to the effective date of the interim ordinance. G. Variances Minn. Stat. § 462.358, subd. 6. VanLandschoot v. City of Mendota Heights, 336 N.W.2d 503 (Minn.1983). Cities may grant variances from their subdivision ordinance requirements, where the regulations would create an unusual hardship on the land. To grant variances, cities must first adopt a procedure for granting variances, with detailed standards in the city subdivision ordinance. State law does not explicitly set standards for granting variances. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 22 H. Minor subdivisions Minn. Stat. § 462.358, subd. 3b. Minn. Stat. § 505.03, subd. 1. State statute allows cities to adopt ordinance provisions that consolidate the preliminary and final plat approval process. Sometimes this is referred to as a “minor subdivision.” State law requires a city’s subdivision ordinance to require a plat for subdivisions that create five or more lots or parcels that are 2-1/2 acres or less in size. For “minor subdivisions” that create less than five lots or parcels that are more than 2-1/2 acres in size, the city’s subdivision ordinance may require a plat, but it is not required to by state law. Minn. Stat. § 505.03. Minn. Stat. § 505.021, subd. 9 (b). Normally all plats are subject to city council review. In addition, normally, all plats are required to contain certification of council approval. However, when a city offers a “minor subdivision” option, it may designate by resolution or ordinance a local official, such as the city clerk or zoning administrator, to approve plats administratively without full council review. Some cities choose this option for increasing the ease and speed of city administration related to minor subdivisions. I. Platting requirements Minn. Stat. § 462.358, subd. 13. Minn. Stat. § 505.01, subd. 3(f). A plat is a scale drawing of one or more parcels of land that shows the location and boundaries of the parcels’ lots, blocks, parks, roads, and other significant features. Minn. Stat. § 462.358, subd. 3a. Minn. Stat. § 505.03, subd. 1. City ordinance must require that all subdivisions creating five or more parcels that are 2 ½ acres or less in size be platted. In addition, the city can also choose to require that all subdivisions of land creating lots or parcels be platted, regardless of number or size. Minn. Stat. § 505.03, subd. 1. Even if the city has adopted subdivision regulations, all plats in cities with populations over 5,000 must be presented to the city council for approval. Home rule charter cities may delegate this review to a municipal officer or body other than the city council. Minn. Stat. § 505.03, subd. 1. When a plat only depicts a minor subdivision, as defined in city ordinance, or depicts only existing parcels, the city may appoint a city official, such as the city clerk or administrator, to approve such plats. Plats must comply with many technical requirements found in Minn. Stat. ch. 505. Among other things, chapter 505 requires: Minn. Stat. § 505.021, subd. 9. • Plats must be certified by a land surveyor who both surveyed the land being platted and prepared the plat or supervised preparation of the plat. • Plats must contain a plat name that does not duplicate or is not like any other plat name within the county. • Plats must be signed by all fee owners, contract for deed vendees, and mortgage holders of record. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 23 Minn. Stat. § 505.021, subd. 7. • All easements to be dedicated on the plat shall be depicted on the plat with purpose, identification, and sufficient mathematical data to locate the boundaries of the easements. Easements created on the plat shall be limited to drainage easements, public ways, and utility easements. Drainage and utility easement boundaries shall be shown as dashed lines. Temporary easements, building setback information, and building floor elevations shall not be shown on a plat. In addition, plats must meet various technical requirements related to paper size, scale, and delineation of land features. 1. Verification of plats and surveys Minn. Stat. § 505.03, subd. 3. When a city requires a plat to be submitted along with a subdivision application, cities have additional authority to seek reimbursement for city review costs. Cities are authorized to employ qualified persons, such as a surveyor, to check and verify surveys and plats and to determine the suitability of the plat from the standpoint of community planning. Cities may require the applicant to reimburse the city for such services. When the city uses a city employee to perform these reviews, the city may charge for these services based upon the employee’s regular wage. J. Certification of taxes paid Minn. Stat. § 462.353, subd. 5. Cities may require, as part of their subdivision ordinance, that an applicant certify that there are no delinquent taxes, special assessments, penalties, interest, or municipal utility fees due on any parcel of land included in the subdivision application. In addition, cities may condition approval of a subdivision upon payment of all moneys due. K. Recording and filing of approved plats 1. County recorder Minn. Stat. § 505.04. Once approved, all final plats must be certified as approved by the city and recorded with the county recorder. 2. Neighboring communities Minn. Stat. § 462.36, subd. 3. Minn. Stat. § 462.358, subd. 1a. Copies of resolutions approving subdivision plats within a city, but contiguous with another city or town must be filed with the governing body of the contiguous city or town. Section II-B, Extra-territorial application. When a city has opted to enforce its subdivision regulations extra-territorially within a town, it must file copies of approved subdivisions in the regulated area with the neighboring town. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 24 VI. Public improvement requirements Minn. Stat. § 462.358, subd. 2a. The city subdivision ordinance may condition approval of an application upon the construction and installation of the following needed public improvements for the subdivision: • Drainage facilities. • Streets. • Electric, gas, sewer, water, and similar utilities. • Similar improvements. The city may require that the developer install the improvements to the city’s specifications as detailed in the subdivision ordinance. For example, the city may wish to specify the width and composition of any streets installed by the developer. In addition, to ensure that the improvements are installed correctly and completely, the city may condition approval upon: Section VI – B Development agreements. • Providing a cash deposit, certified check, irrevocable letter of credit, bond, or some other type of financial security in an amount sufficient to ensure that the required improvements will be completed as specified. • The signing of a development agreement between the city and the developer, which may be enforced by legal and equitable remedies in a court. Harstad v. City of Woodbury, 916 N.W.2d 540 (Minn. 2018). A statutory city cannot condition approval on the payment of cash fee to the city to be used by the city for the future construction of public improvements. Such a cash fee is not considered a cash deposit or other financial security. Cities are not required to condition approval upon developer installation of needed improvements. Cities may also install the improvement themselves. Often these cities recoup the cost through special assessments on the newly subdivided parcels. Cities may prefer to install improvements on their own because it gives the city direct control and supervision of a public improvement project, rather than simply inspecting the work of a third-party developer. However, there are some risks to this approach that should be considered by the city. Specifically, when a city installs significant public improvements in a new development, it typically expects to recoup its costs through special assessments from buyers of the subdivided parcels in the development once the project is completed. However, the city might experience unexpected delays in cost recovery from assessments if circumstances change as follows: • Public improvements are installed, but the developer does not finish the project (likely due to insolvency or other financial issues). RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 25 • Public improvements are installed and the project is completed, however, the subdivided lots do not sell and sit empty (due to market factors on a nationwide or local scale). Attempts to recover the city’s costs in these types of scenarios may result in legal fees and other unexpected administrative costs for the city. In addition, if the city financed the public improvements through bonds, the city’s bond rating may be affected while the special assessments remain unpaid and the bonds are outstanding. Cities that require the developer to install improvements may still exercise a high degree of control over the installation and construction of the public improvements. Working with the city attorney, financial advisors or bond counsel, cities may: • Develop detailed specifications for each type of improvement required by the city. • Hire professional engineers to review and inspect each phase of installation or construction of a required public improvement (these costs can be recouped from the developer). • Require the developer to provide the city with a cash deposit, bond, letter of credit, or other financial security that will allow the city to finish or fix a failed or flawed public improvement with cash on hand (rather than needing to bond or use city reserves). • Require the developer to enter into a development agreement that includes quality controls and addresses any unique issues related to the particular public improvement project. • Require completion of all needed public improvements prior to the issuance of any building permits for construction on parcels within the development. Because cities may exercise such a high degree of control over public improvements installed by a developer, there is limited risk for the city in requiring the developer to construct and install public improvements. A. Release and return of financial securities Minn. Stat. § 462.358, subd. 2a. As discussed, the city may require a subdivision applicant to provide some type of financial security for reimbursing the city for its costs related to review, approval, and inspection of a specific project. There is a specific statutory process regulating the release and return of developer financial securities. A developer who has completed a project for which there are still outstanding financial securities may request that its security be released and returned by sending a certified letter to the city. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 26 When the city receives a letter requesting release, the city must provide one of the following: • release and return to the applicant any outstanding financial securities within 30 days; or • provide notice to the developer, within seven days of receipt of the certified letter, that all required conditions for approval have not been met and provide a list of the specific conditions which have not been completed. If the city does not release and return the securities within 30 days, or provide notice of the reasons why the security is not being released, state statute requires the city to pay any interest accrued on the security to the applicant. B. Development agreements Minn. Stat. § 462.358. The subdivision ordinance may provide that the city condition approval of an application on any requirements reasonably related to the city’s regulations. These requirements may be reduced to a written contract known as a development agreement. Once executed, a development agreement may be enforced by all legal and equitable remedies in a court of law. Harstad v. City of Woodbury, 916 N.W.2d 540 (Minn. 2018). Written development agreements are the city’s most important tool to enforce the expectations of the city’s subdivision regulations. State law does not dictate the contents of a development agreement. However, a statutory city’s authority to enter into development agreements does not include the ability to require the payment of cash fee to the city for the future construction of public improvements. Since a development agreement implicates important legal rights for the city, these contracts are typically drafted with the advice and assistance of the city attorney. Development agreements are usually recorded with the county after execution (signing). A typical development agreement typically includes the following: • Contains a detailed legal description of the property governed by the development agreement. • Sets specifications and plans related to any required infrastructure improvements (for example, streets and roads to be installed in the development). • Sets timelines and deadlines related to any required infrastructure improvements. • Provides for city access to the development site and require all necessary inspections. • Details the city’s requirements for financial securities related to any infrastructure improvements. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 27 • Sets procedure for city final inspection and acceptance of required infrastructure improvements. • Sets expectations for erosion control, grading, and environmental/tree preservation during development and construction. • Requires the developer to clean up and remove dirt and debris from the development upon completion of the development. • Requires payment of park and trail dedication fees and sewer/water access charges. • Provides legal descriptions for any dedicated land and require the exchange of deeds or granting of easements as necessary. • Requires the developer to warrant work related to public infrastructure for a period of years after the development. This usually includes streets and utilities, but may also include sod, plantings, play equipment, and required tree plantings. • Requires the developer to maintain liability insurance in an appropriate amount during the development and construction period. • Requires the developer to hold the city harmless and indemnify the city from all third-party claims related to the development. • Sets provisions for dealing with any potential default by the developer under the agreement. For example, allowing the city to step in and complete all agreed-to improvements, using money from a letter of credit or other financial security. • Prohibits the issuance of building permits or occupation of any structures within a development until all public infrastructure is completed and accepted by the city. A development agreement prepared by the city attorney is often the most efficient and best method to ensure that the city’s regulations are followed by a developer. In addition, a development agreement can provide the city with a measure of protection against the threat of developer insolvency or bankruptcy. Finally, a well written agreement (with attention to issues of financial security) can protect the city from developers who fail to complete public improvements or abide by city requirements. VII. Land dedication for public facilities Minn. Stat. § 462.358, subd. 2b. Collis v. City of Bloomington, 310 Minn. 5, 246 N.W.2d 19 (Minn. 1976). Middlemist v. City of Plymouth, 387 N.W.2d 190 (Minn. Ct. App. 1986). Kottschade v. City of Rochester, 537 N.W.2d 301 (Minn. Ct. App. 1995). A subdivision ordinance may require a subdivision applicant to dedicate a reasonable portion of land within the development to the public to address infrastructure needs created by the development. Cities may require dedication of land to the public for numerous uses including the following: RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 28 • Streets, roads and alleys. • Water, sewer, and similar facilities. • Gas, electric, and similar facilities. • Stormwater drainage and hold areas or ponds. • Parks, recreational facilities, and playgrounds. • Trails and sidewalks. • Wetlands and wetland preservation. • Open space. Prior to adopting dedication requirements in a subdivision ordinance, the city must first adopt a capital improvement budget and adopt a parks and open space plan. The plan may be a component of the city comprehensive plan. When the city requires land to be dedicated within a specific subdivision, it must determine that: Minn. Stat. § 462.358, subd. 2b (e). Minn. Stat. § 462.358, subd. 2c (c). Collis v. City of Bloomington, 310 Minn. 5, 246 N.W.2d 19 (Minn. 1976). Middlemist v. City of Plymouth, 387 N.W.2d 190 (Minn. Ct. App. 1986). Kottschade v. City of Rochester, 537 N.W.2d 301 (Minn. Ct. App., 1995). • The city reasonably needs to acquire the specific portion of land for reasons permitted by state statute (e.g. streets, parks, utilities) because of approval of the subdivision (this is sometimes referred to as a nexus requirement). Minn. Stat. § 462.358, subd. 2c (c). Collis v. City of Bloomington, 310 Minn. 5, 246 N.W.2d 19 (Minn. 1976). Middlemist v. City of Plymouth, 387 N.W.2d 190 (Minn. Ct. App. 1986). Kottschade v. City of Rochester, 537 N.W.2d 301 (Minn. Ct. App. 1995). • The need created by the subdivision is roughly proportional to the city’s dedication requirement. For example, in a five-house subdivision, it may be reasonable to require dedication of park land for a small, local swing- set park. It may not be reasonable to require the same small subdivision to dedicate multiple acres for a community park serving hundreds of city residents. Minn. Stat. § 462.358, subd. 2b (d). See Appendix A: Sample park dedication methodology. The city must also give due consideration to whether the need for the dedicated land has not already been offset or obviated by other actions of the developer in setting aside for public use other open space, recreational, common areas, or other facilities within the development. Minn. Stat. § 505.01, subd. 2. Minn. Stat. § 505.01, subd. 1. A dedication of land to the public is usually reflected on the plat document or in an easement or other deed document. When park land is dedicated to the public, the dedication conveys complete ownership to the city (known as “fee title”). Land for streets, roads, alleys, trails, and other public ways dedicated to the public conveys an easement only to the city for the dedicated purposes. Land dedicated for all other uses is conveyed to the city “in trust” for the dedicated use. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 29 Minn. Stat. § 462.358, subd. 2b (i). Land which has been previously subdivided and from which a park dedication has been received, is exempted by state statute from further dedication requirements if a re-subdivision creates the same number of lots. Where new lots are created, a park dedication fee may be applied only to the net increase in lots. A. Cash payments in lieu of land dedication Minn. Stat. § 462.358, subd. 2b(c). In lieu of land dedication for parks, recreational facilities, playgrounds, trails, wetlands, or open space, cities may require a developer to pay “cash fees” i.e., an equivalent value of money, commonly referred to as “park dedication fees” and/or “trail fees” (cumulatively referred to as park dedication fees in the rest of this memo). Park dedication fees excuse a developer from a local land dedication for park and recreational purposes, but still allow the city to purchase and acquire new off-site facilities to serve needs created by the subdivision. When a city establishes and imposes a park dedication fee, in lieu of land dedications, it must still comply with all the requirements discussed above for land dedications related to procedure, nexus, and proportionality. Minn. Stat. § 462.358, subd. 2b(d). In collecting park dedication fees, the city must give due consideration the park and recreational facilities that the applicant already proposes to incorporate into the development for public use. For example, if the proposed development already includes park and trail facilities for residents, it may be more difficult to justify an additional cash fee. 1. Setting park dedication fees Minn. Stat. § 462.358, subd. 2b(c). Section VII-A-2 Fee schedules. Park dedication fees must be established by ordinance or a fee schedule that meets the requirements of state statute. Fees must be set based upon the average fair market value of land within the area: • That is unplatted. • For which park fees have not been paid. • That is to be served at the time of final approval or will be served under the city’s comprehensive plan by city sanitary sewer and water. “Fair market value” means the value of the land as determined by the municipality annually based on tax valuation or other relevant data. If the applicant objects to the city’s calculation of valuation, then the value must be as negotiated between the city and the applicant or based on the market value as determined by the city based on an independent appraisal of land in a same or similar land use category. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 30 Cities may wish to retain the services of a land appraiser or some other professional to help them determine the appropriate rate for their park dedication fees. 2. Fee schedules Minn. Stat. § 462.353, subd. 4a. See LMC information memo, Newspaper Publication. Park dedication fees may generally be imposed only by ordinance. However, cities that collect less than $5,000 per year in land use and development fees (this includes all subdivision and zoning fees) may use a fee schedule adopted by city resolution. Prior to adoption of the resolution, the city must hold a public hearing on the fee schedule with 10 days published notice. Cities that collect over $5,000 in land use fees per year may also use a fee schedule. However, the fee schedule must be adopted in ordinance form, following a public hearing for which there has been 10 days published notice. 3. Fee accounting and disputes Minn. Stat. § 462.358, subd. 2b (f), (g). Park dedication fees must be placed in a special, segregated fund. Park dedication fees can only be used for the acquisition, development, and improvement of parks, recreational facilities, playgrounds, trails, wetland, and open space based upon the city-approved park systems plan. Park dedication fees cannot be used for the city operational or maintenance costs, such as lawn mowing or garbage pick-up. a. Fee disputes Minn. Stat. § 462.353, subd. 4 (d). Minn. Stat. § 462.358, subd. 2c(b). Cities may not condition approval of a subdivision application upon a waiver of applicant rights to challenge city fees in a lawsuit. Minn. Stat. § 462.358, subd. 2c(c). An applicant who disputes a park dedication fee, may request that the application be processed as if the fee had been paid. An applicant who disputes a fee, but still wishes to have the application processed must do all the following: Minn. Stat. § 462.361. • Provide written notice to the city of his or her dispute over the city’s fee. • Place in escrow for the city the disputed fee amount. • File an appeal in court of the city’s fee using the procedures specified in statute within 60 days of the approval/denial of the application. If an applicant does not appeal the fee by filing suit in a court of law within 60 days following approval/denial or if the applicant appeals but does not prevail in his or her request to have the fee overturned, the fee held in the escrow account must be paid to the city. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 31 VIII. Subdivision ordinance enforcement Cities have numerous strong tools to enforce the requirements of their subdivision ordinances. Some of these tools are discussed here. A. Sellers and buyers disclosure requirements Minn. Stat. § 462.358, subd. 4a. Whenever a landowner seeks to convey land (through a metes and bounds description or in reference to a plat) that has not previously been filed or recorded, state law requires the seller to make certain disclosures to protect buyers from illegal subdivisions. If the newly recorded land is the result of a subdivision, the seller must attach one of the following to the instrument of conveyance: Section VIII-B-2 City option to grant waivers. • A recordable certification by the clerk of the municipality that the city’s subdivision regulations do not apply, or that the subdivision has been approved by the governing body, or that the restrictions on the division of taxes and filing and recording have been waived by resolution of the governing body of the municipality. • A statement which names and identifies the location of the appropriate municipal offices and advises the grantee that municipal subdivision and zoning regulations may restrict the use or restrict or prohibit the development of the parcel, or construction on it, and that the division of taxes and the filing or recording of the conveyance may be prohibited without prior recordable certification of approval, non-applicability, or waiver from the municipality. A buyer who purchases illegally subdivided land may bring a lawsuit against the seller alleging misrepresentation of or the failure to disclose material facts under this statute. A buyer with a successful lawsuit may be awarded damages, reasonable costs and fees (including attorney fees), and punitive damages up to five percent of the purchase price of the land. B. Restrictions on filing and recording conveyances Minn. Stat. § 462.358, subd. 4b. A.G. Op. 373-B-9 (Feb. 1, 1977). In a city that has adopted and recorded subdivision regulations with the county recorder, no conveyance of land to which the regulations are applicable may be filed or recorded if the conveyance does not demonstrate conformance to the regulations. A few exceptions to this law apply to: • Some transactions entered before 1945, but not previously recorded. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/2/2021 Subdivision Guide for Cities Page 32 • Single parcels of commercial or industrial land of not less than five acres and having a width of not less than 300 feet where the conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width. • Single parcels of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet where the conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. 1. Enforcement Minn. Stat. § 462.358, subd. 4b (d), (e). Any owner or agent of the owner of land who conveys a lot or parcel in violation of this state law may be required to pay to the city a penalty of not less than $100 for each lot or parcel so conveyed. In addition, the city may ask a court to stop or prevent the conveyance or may recover the penalty by filing suit in court. 2. City option to grant waivers Minn. Stat. § 462.358, subd. 4b (c). Cities may opt to waive enforcement of this statute in instances where the city determines that enforcing this prohibition on recording will create an unnecessary hardship, and failure to comply does not interfere with the purpose of the subdivision regulations. The city may waive this statute by adoption of a resolution, and the conveyance may then be filed or recorded. C. Civil remedies Minn. Stat. § 462.358, subd. 2a. City ordinance provisions may allow the city to deny issuance of permits and approvals for any tracts, lots, or parcels for which subdivision approval has not been obtained. This provision applies not only to subdivision permits, but building, occupancy, and zoning permits as well. Minn. Stat. § 462.362. A city may also enforce its subdivision ordinance by requesting an injunction (a court order requiring someone to stop an activity or type of conduct) or other appropriate remedy from the court. D. Criminal remedies Minn. Stat. § 462.362. Minn. Stat. § 169.89, subd. 2. Minn. Stat. § 609.02 subds. 3, 4a. Minn. Stat. § 609.0332. Minn. Stat. § 609.034. Handbook, Meetings, motions, resolutions and ordinances. Cities may provide for criminal penalties for violation of the city subdivision ordinance. In an ordinance, cities may designate ordinance violations as misdemeanors or petty misdemeanors. Cities may impose maximum penalties for misdemeanors of a $1,000 fine or 90 days in jail, or both. In addition, the costs of prosecution may be added. The maximum penalty for a petty misdemeanor is a fine of $300. League of Minnesota Cities Information Memo: 11/2/2021 Subdivisions Guide for Cities Page 33 Appendix A: Sample Park Dedication Methodology (This is a sample of one methodology; a city is not required to take it into account). Step 1. The city should conduct a parks study to generally determine what it would like to see in the community regarding parks, recreation, trails, and open space. That study should consider whether current facilities are sufficient to meet the needs of current residents. If there is a deficiency, the city should calculate what additional expenditures would be necessary to meet that city’s desired parks plan. Step 2. The city should calculate the total amount of city parks, recreation, trails and open space, plus any additional amount to meet current, but unmet park goals. Step 3. The city should evaluate usage of city parks, recreation, trails, and open space with a goal of estimating the percentage of facilities that exist to serve residential landowners and percentage that exists to serve the needs of commercial development. In arriving at these percentages, it is helpful to consider the use of park facilities by businesses and their workers and the use by sports teams that may be sponsored by businesses. From this analysis, the city will be able to identify the percentage of its parks needs that should be met by residential development and what percentage should be met by commercial/industrial development. Step 4. The city then will use the results of step 2 and step 3 to calculate parkland acreage, per resident or per employee. The following examples may be helpful: Per Capita Residential Share/Per Capita Commercial Share Existing Park Lane and Trail Acreage 300 acres Residential Share 90% X 300 = 270 Acres Per Capita Residential Share 270 acres/15,000 residents (population) = .018 acres per Resident Commercial Share 10% X 300 = 30 acres League of Minnesota Cities Information Memo: 11/2/2021 Subdivisions Guide for Cities Page 34 Per Capita Commercial Share 30 acres/1000 employees in city = .03 acres per Employee Step 5. Establish park dedications by ordinance. The amount of land to be dedicated as part of residential subdivision or plat will be equal to the per acre residential share (determined in Step 4) times the number of residents expected in the development or subdivision. To arrive at an amount in lieu of land dedication, take the per acre value of undeveloped land times the amount of land the city could have required to be dedicated. Step 6. To calculate the amount to be dedicated as part of a commercial development, multiply the per acre commercial share (determined in Step 4) by the number of employees expected in the development. To arrive at a cash payment in lieu of land dedication, take the per acre value of undeveloped commercial land times the amount of land the city could have required to be dedicated. Step 7. Make provisions in your ordinance to provide that these are the maximum amounts the city can charge and give the council discretion to vary from these requirements as a result of unique attributes of the development or to account for parks or open space that may already be included the development. (Note: The city is not required to take any of these considerations into account when arriving at the park dedication amount).