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CHAPTER 15 • Collis v.City of Bloomington, Traditionally,dedications of land in Minnesota were upheld if a reasonable 310 Minn.5,246 N.W.2d 19 relationship existed between the need for the land and the proposed (1976). development.Usually,this meant the city would have to show the land was needed because of the population increase brought about by the subdivision. As discussed in the previous section, dedications are now subject to scrutiny under the rough proportionality test formulated by the U.S. Supreme Court in the Nollan case. Cities should continue to give careful consideration to the conditions placed in subdivisions. Minn.Stat.§462 358,subd.2b. Requiring an equivalent amount in cash,based on the fair market value of the undeveloped land, is also permitted. Any payments the city receives must be deposited into a special fund to acquire land for parks,playgrounds,public open space, stormwater holding areas or ponds, developments or existing areas, and debt retirement for any land previously acquired by the city for such public purposes. Minn Stat.§462.358,subd.2b. Fees paid in lieu of dedication of land under a subdivision regulation must not be used for ongoing operation or maintenance. The basis for calculating the amount to be dedicated or preserved must-be established by ordinance or pursuant to the statutory procedures for adopting a land use fee schedule. Minn.Stat.§462.358,subd.2c. There must be an essential nexus between fees or dedication and the municipal purpose to be achieved by the fee or dedication. The fee or dedication must bear rough proportionality to the need created by the . proposed subdivision. Crystal Green v.City of Crystal, Cities may choose to adopt additional regulations necessary to ensure a 491 N.w.za 19(Minn.Ct.App. 1988). harmonious process in the development of subdivisions. Once a plat has been recorded, a developer cannot challenge the conditions that have been Minn.stat.§462.358.subd.3a. attached. If a subdivision will create five or more lots of two-and-a-half acres or less,the regulations must require that they be platted. Subdivision regulations must address procedural matters, such as what is required in an application, the preliminary and final review process,the approval/disapproval process, and coordination with other affected political subdivisions and state agencies. Flexibility is allowed in the administration of the preliminary and final review process, and in the approval/disapproval process. For example,the subdivision regulations may consolidate the procedures. The review process may be delegated to the planning agency,but the council is responsible for final approval or disapproval. Prior to any subdivision, a public hearing is required and any interested person must be given the opportunity to make a presentation.Notice of the hearing must be published in the official newspaper at least 10 days prior to the hearing date. 15-28 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/15/2004