Agenda Packets - 2005/08/08 - Laserfiche WebLink

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Ordinance 745 – Park Dedication Fees Summary Ordinance 745 amended Chapter 1204 of the Mounds View Municipal Code pertaining to Park Dedications associated with subdivisions of land. The amendments clarify the requirements, address recent changes to Minnesota statutes and allow for some flexibility regarding the dedication fee imposed. While the maximum dedication allowed by the Code would be ten percent of the land or its equivalent cash value, the amendment would necessitate that the fee imposed as a result of a subdivision be comparatively reasonable and based in part on the intensity or further intensification resulting from the development. Finally, the amendment provides for a process by which the subdivider of land may appeal the imposition of the dedication fee to the district court consistent with Minnesota Statutes. Up to ten percent (10%) of the land of the proposed subdivision or its equivalent in cash based on the fair market value shall constitute a reasonable portion for dedication purposes under this Section. The exact portion of land or its equivalent amount in cash shall be established by the Municipality based on the following factors: • Type of the proposed subdivision land use: residential, industrial or commercial; • The need for open space generated by the proposed subdivision; • Existence of land dedicated for public use within the proposed subdivision, excluding areas reserved as storm water holding ponds; • Fair market value of the land; • Other relevant factors unique to a particular subdivision supporting the need for dedication of lands for public use. If an equivalent amount in cash from the subdivider for part or the entire portion required to be dedicated is to be paid by the subdivider, such amount is due no later that at the time of final approval of the proposed subdivision. Appeal Process Pursuant to Minnesota Statutes sections 462.358 and 462.361 a subdivider may appeal the imposition of dedication fee to the district court within 60 days of the approval of the subdivision application. The subdivider must give written notice to the Municipality regarding a proposed fee dispute prior to the final decision on the proposed subdivision. Upon receiving the notice, the Municipality shall place the disputed fee amount in an escrow and shall continue processing the subdivision application as if the fee had been paid. The Municipality will not condition the approval of any proposed subdivision on the subdivider’s waiver of the right to challenge the dedication fee. If the subdivider fails to appeal the dedication fee within 60 days of the subdivision approval, or if the subdivider does not prevail on the appeal, the funds paid into escrow will be transferred to the Municipality.