|
462.358, 2013 Minnesota Statutes Page 1 of 6
<br />�� SU.BP • 26 , o� 2�.
<br />2013 Minnesota Statutes
<br />462.358 OFFICIAL CONTROLS: SUBDIVISION REGULATION; DEDICATION.
<br />Subdivision 1.[Repealed, 1980 c 566 s 351
<br />Subd. 1 a. Authority. To protect and promote the public health, safety, and general
<br />welfare, to provide for the orderly, economic, and safe development of land, to preserve
<br />agricultural lands, to promote the availability of housing affordable to persons and families
<br />of all income levels, and to facilitate adequate provision for transportation, water, sewage,
<br />storm drainage, schools, parks, playgrounds, and other public services and facilities, a
<br />municipality may by ordinance adopt subdivision regulations establishing standards,
<br />requirements, and procedures for the review and approval or disapproval of subdivisions.
<br />The regulations may contain varied provisions respecting, and be made applicable only to,
<br />certain classes or kinds of subdivisions. The regulations shall be uniform for each class or
<br />kind of subdivision.
<br />A municipality may by resolution extend the application of its subdivision regulations
<br />to unincorporated territory located within two miles of its limits in any direction but not in
<br />a town which has adopted subdivision regulations; provided that where two or more
<br />noncontiguous municipalities have boundaries less than four miles apart, each is
<br />authorized to control the subdivision of land equal distance from its boundaries within this
<br />area.
<br />Subd. 2.[Repealed, 1980 c 566 s 35]
<br />Subd. 2a. Terms of regulations. The standards and requirements in the regulations
<br />may address without limitation: the size, location, grading, and improvement of lots,
<br />structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply,
<br />storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and
<br />design of sites; access to solar energy; and the protection and conservation of flood plains,
<br />shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic
<br />features. The regulations shall require that subdivisions be consistent with the
<br />municipality's official map if one exists and its zoning ordinance, and may require
<br />consistency with other official controls and the comprehensive plan. The regulations may
<br />prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent
<br />with the comprehensive plan and the purposes of this section, particularly the preservation
<br />of agricultural lands. The regulations may prohibit, restrict or control development for the
<br />purpose of protecting and assuring access to direct sunlight for solar energy systems. The
<br />regulations may prohibit the issuance of permits or approvals for any tracts, lots, or parcels
<br />for which required subdivision approval has not been obtained.
<br />The regulations may permit the municipality to condition its approval on the
<br />construction and installation of sewers, streets, electric, gas, drainage, and water facilities,
<br />and similar utilities and improvements or, in lieu thereof, on the receipt by the
<br />municipality of a cash deposit, certified check, irrevocable letter of credit, bond, or other
<br />financial security in an amount and with surety and conditions sufficient to assure the
<br />municipality that the utilities and improvements will be constructed or installed according
<br />to the specifications of the municipality. Sections 471.345 and 574.26 do not apply to
<br />improvements made by a subdivider or a subdivider's contractor.
<br />A municipality may require that an applicant establish an escrow account or other
<br />financial security for the purpose of reimbursing the municipality for direct costs relating
<br />to professional services provided during the review, approval and inspection of the project.
<br />A municipality may only charge the applicant a rate equal to the value of the service to the
<br />municipality. Services provided by municipal staff or contract professionals must be billed
<br />at an established rate.
<br />https://www.revisor.mn,gov/statutes/?id-462.358 4/8/2014
<br />
|