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MINNESOTA STATUTES 2020 462.358 <br />(h) The municipality must not deny the approval of a subdivision based solely on an inadequate supply <br />of parks, open spaces, trails, or recreational facilities within the municipality. <br />(i) Previously subdivided property from which a park dedication has been received, being resubdivided <br />with the same number of lots, is exempt from park dedication requirements. If, as a result of resubdividing <br />the property, the number of lots is increased, then the park dedication or per -lot cash fee must apply only to <br />the net increase of lots. <br />Subd. 2c. Nexus. (a) There must be an essential nexus between the fees or dedication imposed under <br />subdivision 2b and the municipal purpose sought to be achieved by the fee or dedication. The fee or dedication <br />must bear a rough proportionality to the need created by the proposed subdivision or development. <br />(b) If a municipality is given written notice of a dispute over a proposed fee in lieu of dedication before <br />the municipality's final decision on an application, a municipality must not condition the approval of any <br />proposed subdivision or development on an agreement to waive the right to challenge the validity of a fee <br />in lieu of dedication. <br />(c) An application may proceed as if the fee had been paid, pending a decision on the appeal of a dispute <br />over a proposed fee in lieu of dedication, if (1) the person aggrieved by the fee puts the municipality on <br />written notice of a dispute over a proposed fee in lieu of dedication, (2) prior to the municipality's final <br />decision on the application, the fee in lieu of dedication is deposited in escrow, and (3) the person aggrieved <br />by the fee appeals under section 462.361, within 60 days of the approval of the application. If such an appeal <br />is not filed by the deadline, or if the person aggrieved by the fee does not prevail on the appeal, then the <br />funds paid into escrow must be transferred to the municipality. <br />Subd. 3. [Repealed, 1980 c 566 s 35] <br />Subd. 3a. Platting. The regulations may require that any subdivision creating parcels, tracts, or lots, <br />shall be platted. The regulations shall require that all subdivisions which create five or more lots or parcels <br />which are 2-1/2 acres or less in size shall be platted. The regulations shall not conflict with the provisions <br />of chapter 505 but may address subjects similar and additional to those in that chapter. <br />Subd. 3b. Review procedures. The regulations shall include provisions regarding the content of <br />applications for proposed subdivisions, the preliminary and final review and approval or disapproval of <br />applications, and the coordination of such reviews with affected political subdivisions and state agencies. <br />Subdivisions including lands abutting upon any existing or proposed trunk highway, county road or highway, <br />or county state -aid highway shall also be subject to review. The regulations may provide for the consolidation <br />of the preliminary and final review and approval or disapproval of subdivisions. Preliminary or final approval <br />may be granted or denied for parts of subdivision applications. The regulations may delegate the authority <br />to review proposals to the planning commission, but final approval or disapproval shall be the decision of <br />the governing body of the municipality unless otherwise provided by law or charter. A municipality must <br />approve a preliminary plat that meets the applicable standards and criteria contained in the municipality's <br />zoning and subdivision regulations unless the municipality adopts written findings based on a record from <br />the public proceedings why the application shall not be approved. The regulations shall require that a public <br />hearing shall be held on all subdivision applications prior to preliminary approval, unless otherwise provided <br />by law or charter. The hearing shall be held following publication of notice of the time and place thereof in <br />the official newspaper at least ten days before the day of the hearing. At the hearing, all persons interested <br />shall be given an opportunity to make presentations. A subdivision application shall be preliminarily approved <br />or disapproved within 120 days following delivery of an application completed in compliance with the <br />municipal ordinance by the applicant to the municipality, unless an extension of the review period has been <br />Official Publication of the State of Minnesota <br />Revisor of Statutes <br />