Agenda Packets - 2004/07/26 - Laserfiche WebLink

Home Browse Search

Ordinance 745 Page 3 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. An equivalent amount in cash from the applicant for part or the entire portion required to be dedicated is due no later than at the time of final approval of the proposed subdivision. Section 5. Section 1204.02, subd. 5 of the Mounds View Municipal Code is repealed. Section 6. Section 1204.02, subd. 6 of the Mounds View Municipal Code is amended to read: Subd. 6 5. Dedication for Re-Subdivision: For any subdivision of a parcel on which a cash dedication for parks has previously been made but on which an additional cash dedication is required due to re-subdivision, the amount of cash dedication required on the re- subdivision parcel(s) to be developed for residential uses shall be based on the market value of the land at the time of re-subdivision based on the schedule and the factors set forth in subdivision 4 under this Section less any applicable credit for the prior cash dedication. The amount of cash dedication required on the re-subdivided parcel(s) to be developed for commercial or industrial uses shall be based on ten-percent (10%) of the market value of the land at the time of re-subdivision less any applicable credit for the prior cash dedication. Section 7. Section 1204.02 is amended by adding a subdivision to read: Subd. 6. Right of Appeal. 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.