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462.358, 2013 Minnesota Statutes <br />based on the approved park systems plan. Cash payments must not be used for ongoing <br />operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or <br />open space. <br />(h) The municipality must not deny the approval of a subdivision based solely on an <br />inadequate supply of parks, open spaces, trails, or recreational facilities within the <br />municipality. <br />(i) Previously subdivided property from which a park dedication has been received, <br />being resubdivided with the same number of lots, is exempt from park dedication <br />requirements. If, as a result of resubdividing the property, the number of lots is increased, <br />then the park dedication or per -lot cash fee must apply only to the net increase of lots. <br />Subd. 2c. Nexus. (a) There must be an essential nexus between the fees or dedication <br />imposed under subdivision 2b and the municipal purpose sought to be achieved by the fee <br />or dedication. The fee or dedication must bear a rough proportionality to the need created <br />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 <br />dedication before the municipality's final decision on an application, a municipality must <br />not condition the approval of any proposed subdivision or development on an agreement to <br />waive the right to challenge the validity of a fee in lieu of dedication. <br />(c) An application may proceed as if the fee had been paid, pending a decision on the <br />appeal of a dispute over a proposed fee in lieu of dedication, if (1) the person aggrieved by <br />the fee puts the municipality on written notice of a dispute over a proposed fee in lieu of <br />dedication, (2) prior to the municipality's final decision on the application, the fee in lieu <br />of dedication is deposited in escrow, and (3) the person aggrieved by the fee appeals under <br />section 462.361, within 60 days of the approval of the application. If such an appeal is not <br />filed by the deadline, or if the person aggrieved by the fee does not prevail on the appeal, <br />then the funds paid into escrow must be transferred to the municipality. <br />Subd. 3a. Platting. The regulations may require that any subdivision creating <br />parcels, tracts, or lots, shall be platted. The regulations shall require that all subdivisions <br />which create five or more lots or parcels which are 2-1/2 acres or less in size shall be <br />platted. The regulations shall not conflict with the provisions of chapter 505 but may <br />address subjects similar and additional to those in that chapter. <br />Subd. 3b. Review procedures. The regulations shall include provisions regarding <br />the content of applications for proposed subdivisions, the preliminary and final review and <br />approval or disapproval of applications, and the coordination of such reviews with affected <br />political subdivisions and state agencies. Subdivisions including lands abutting upon any <br />existing or proposed trunk highway, county road or highway, or county state -aid highway <br />shall also be subject to review. The regulations may provide for the consolidation of the <br />preliminary and final review and approval or disapproval of subdivisions. Preliminary or <br />final approval may be granted or denied for parts of subdivision applications. The <br />regulations may delegate the authority to review proposals to the planning commission, <br />but final approval or disapproval shall be the decision of the governing body of the <br />municipality unless otherwise provided by law or charter. A municipality must approve a <br />preliminary plat that meets the applicable standards and criteria contained in the <br />municipality's zoning and subdivision regulations unless the municipality adopts written <br />findings based on a record from the public proceedings why the application shall not be <br />approved. The regulations shall require that a public hearing shall be held on all <br />subdivision applications prior to preliminary approval, unless otherwise provided by law <br />-- —or -charter The -hearing shall be held following publication of notice of the time and place -- <br />thereof in the official newspaper at least ten days before the day of the hearing. At the <br />hearing, all persons interested shall be given an opportunity to make presentations. A <br />Page 3 of 6 <br />hups://www.revisor,mn,gov/statutes/lid=462.358 4/8/2014 <br />