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•}} CHAPTER 15 -- J XVII. Fees Minn.Stat.§462.353,subd. A city may prescribe land use fees under the Municipal Planning Act 4(a). sufficient to defray the costs incurred by the city in reviewing, investigating, and administering an application for an amendment to an official control, or an application for a permit or other approval required under an official control. Fees are required by law to be fair,reasonable,and proportionate and have a nexus to the actual cost of the service for which the fee is imposed. All Minn.Stat.§462.353,subd. cities are required to adopt management and accounting procedures to ensure 4(b). fees are maintained and used only for the purpose for which they are collected. Upon request, a city must explain the basis of its fees. Minn.Stat.§462.353,subd. If a dispute arises over a specific fee imposed by a city related to a specific 4(d). application,the person aggrieved by the fee may appeal to district court Minn.stat.§462.361. provided the appeal is brought within 60 days after approval of application and deposit of the fee into escrow. An approved application may proceed as if the fee had been paid,pending a decision on the appeal. lvtinn stat §462.353,subd. A city cannot condition the approval of a proposed subdivision or 4(d). development on an agreement to waive the right to challenge the validity of a • fee. However, a city may condition the approval of any proposed subdivision or development on a waiver agreement regarding costs associated with municipally-installed improvements. Generally, cities must adopt fees by ordinance. However,there is a statutory Minn.stat.§462 353,subd. exception to this general requirement. The exception authorizes cities that 4(a). collect an annual cumulative total of$5,000 or less of land use fees to simply refer to a fee schedule in the ordinance that governs the official control or permit. These cities are authorized to adopt a fee schedule by ordinance or by resolution, either annually or more frequently, after providing notice and holding a public hearing.Notice must be published at least 10 days before the public hearing.The exception also authorizes cities that collect an annual cumulative total in excess of$5,000 of land use fees to adopt a fee schedule if they wish,but they may only do so by ordinance, after following the same notice and hearing procedures. Minn.stat.§462.353,suhd. January 1 is set by statute as the standard effective date for changes to fee 4(c). ordinances,but a city may set a different effective date as long as the new fee ordinance does not apply to a project for which application for final approval was submitted before the ordinance was adopted. l HANDBOOK FOR MINNESOTA CMES 15-37 This chapter last revised 12/15/2004