Bill Text: MN SF270 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Local government interim ordinances and municipal development contracts provisions modifications
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2012-04-02 - HF substituted on General Orders HF389 [SF270 Detail]
Download: Minnesota-2011-SF270-Introduced.html
Bill Title: Local government interim ordinances and municipal development contracts provisions modifications
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2012-04-02 - HF substituted on General Orders HF389 [SF270 Detail]
Download: Minnesota-2011-SF270-Introduced.html
1.2relating to local government; providing for interim planning ordinances;
1.3providing for municipal development contracts;amending Minnesota Statutes
1.42010, sections 394.34; 462.355, subdivision 4; 462.358, subdivision 2a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 394.34, is amended to read:
1.7394.34 INTERIM ZONING.
1.8(a) If a county is conducting or in good faith intends to conduct studies within a
1.9reasonable time, or has held or is holding a hearing for the purpose of considering a
1.10comprehensive plan or official controls or an amendment, extension, or addition to either,
1.11or in the event new territory for which no zoning may have been adopted, may be annexed
1.12to a municipality, the board, in order to protect the public health, safety, and general
1.13welfare, may adopt as an emergency measure, after public notice and hearing and by a
1.14two-thirds vote, a temporary interim zoning map or temporary interim zoning ordinance,
1.15the purpose of whichshall be is to classify and regulate uses and related matters as
1.16constitutes the emergency. Such interim resolutionshall be is limited to one year from the
1.17date it becomes effectiveand to one year to renewal thereafter.
1.18(b) An interim resolution must not halt, delay, or impede consideration of a use,
1.19development, or subdivision for which a complete application is pending before the
1.20county. The completeness of an application is determined by meeting the requirements of
1.21the county ordinance. An application deemed incomplete must be returned to the applicant
1.22with an explanation detailing the incomplete portions and providing an opportunity
1.23to correct the deficiency.
2.1 Sec. 2. Minnesota Statutes 2010, section 462.355, subdivision 4, is amended to read:
2.2 Subd. 4. Interim ordinance. (a) If a municipality is conducting studies or has
2.3authorized a study to be conducted or has held or has scheduled a hearing for the purpose
2.4of considering adoption or amendment of a comprehensive plan or official controls as
2.5defined in section462.352, subdivision 15 , or if new territory for which plans or controls
2.6have not been adopted is annexed to a municipality, the governing body of the municipality
2.7may adopt, after notice and public hearing and by a two-thirds vote, an interim ordinance
2.8applicable to allor part of its jurisdiction for the purpose of protecting the planning
2.9process and the health, safety and welfare of its citizens. The interim ordinance may
2.10regulate, restrict, or prohibit any use, development, or subdivision within the jurisdiction
2.11or a portion thereof for a period not to exceed one year from the date it is effective.
2.12(b) An interim ordinance must not halt, delay, or impede consideration of a
2.13use, development, or subdivision for which a complete application is pending before
2.14the municipality. The completeness of an application is determined by meeting the
2.15requirements of the municipal ordinance. An application deemed incomplete must be
2.16returned to the applicant with an explanation detailing the incomplete portions and
2.17providing an opportunity to correct the deficiency.
2.18(b) (c) If a proposed interim ordinance purports to regulate, restrict, or prohibit
2.19activities relating to livestock production For purposes of notice and public hearing
2.20required by this section, a public hearing must be held following a ten-day notice given by
2.21publication in a newspaper of general circulation in the municipality before the interim
2.22ordinance takes effect.
2.23(c) (d) The period of an interim ordinance applicable to an area that is affected by
2.24a city's master plan for a municipal airport may be extended for such additional periods
2.25as the municipality may deem appropriate, not exceeding a total additional period of 18
2.26months. In all other cases, no interim ordinance may halt, delay, or impede a subdivision
2.27that has been given preliminary approval, nor may any interim ordinance extend the
2.28time deadline for agency action set forth in section15.99 with respect to any application
2.29filed prior to the effective date of the interim ordinance. The governing body of the
2.30municipality may extend the interim ordinance after a public hearing and written findings
2.31have been adopted based upon one or more of the conditions in clause (1), (2), or (3).
2.32The public hearing must be held at least 15 days but not more than 30 days before the
2.33expiration of the interim ordinance, and notice of the hearing must be published at least
2.34ten days before the hearing. The interim ordinance may be extended for the following
2.35conditions and durations, but, except as provided in clause (3), an interim ordinance may
2.36not be extended more than an additional 18 months:
3.1(1) up to an additional 120 days following the receipt of the final approval or review
3.2by a federal, state, or metropolitan agency when the approval is required by law and the
3.3review or approval has not been completed and received by the municipality at least 30
3.4days before the expiration of the interim ordinance;
3.5(2) up to an additional 120 days following the completion of any other process
3.6required by a state statute, federal law, or court order, when the process is not completed at
3.7least 30 days before the expiration of the interim ordinance; or
3.8(3) up to an additional one year if the municipality has not adopted a comprehensive
3.9plan under this section at the time the interim ordinance is enacted.
3.10 Sec. 3. Minnesota Statutes 2010, section 462.358, subdivision 2a, is amended to read:
3.11 Subd. 2a. Terms of regulations. (a) The standards and requirements in the
3.12regulations may address without limitation: the size, location, grading, and improvement
3.13of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters,
3.14water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the
3.15planning and design of sites; access to solar energy; and the protection and conservation
3.16of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic
3.17and ecologic features. The regulations shall require that subdivisions be consistent with
3.18the municipality's official map if one exists and its zoning ordinance, and may require
3.19consistency with other official controls and the comprehensive plan. The regulations may
3.20prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent
3.21with the comprehensive plan and the purposes of this section, particularly the preservation
3.22of agricultural lands. The regulations may prohibit, restrict or control development for
3.23the purpose of protecting and assuring access to direct sunlight for solar energy systems.
3.24The regulations may prohibit the issuance of permits or approvals for any tracts, lots, or
3.25parcels for which required subdivision approval has not been obtained.
3.26(b) The regulations may permit the municipality to condition its approval on
3.27the construction and installation of sewers, streets, electric, gas, drainage, and water
3.28facilities, and similar utilities and improvements or, in lieu thereof, on the receipt by the
3.29municipality of a cash deposit, certified check, irrevocable letter of credit, bond, or other
3.30financial security in an amount and with surety and conditions sufficient to assure the
3.31municipality that the utilities and improvements will be constructed or installed according
3.32to the specifications of the municipality. Sections471.345 and
574.26 do not apply to
3.33improvements made by a subdivider or a subdivider's contractor.
3.34(c) A municipality may require that an applicant establish an escrow account or
3.35other financial security for the purpose of reimbursing the municipality for direct costs
4.1relating to professional services provided during the review, approval and inspection of
4.2the project. A municipality may only charge the applicant a rate equal to the value of the
4.3service to the municipality. Services provided by municipal staff or contract professionals
4.4must be billed at an established rate.
4.5(d) When the applicant vouches, by certified letter to the municipality, that the
4.6conditions required by the municipality for approval under this subdivision have been
4.7satisfied, the municipality has 30 days to release and return to the applicant any and all
4.8financial securities tied to the requirements. If the municipality fails to release and return
4.9the letters of credit within the 30-day period, any interest accrued will be paid to the
4.10applicant. If the municipality determines that the conditions required for approval under
4.11this subdivision have not been satisfied, the municipality must send written notice within
4.12seven business days upon receipt of the certified letter indicating to the applicant which
4.13specific conditions have not been met. The municipality shall require a maintenance
4.14or performance bond from any subcontractor that has not yet completed all remaining
4.15requirements of the municipality.
4.16(e) The regulations may permit the municipality to condition its approval on
4.17compliance with other requirements reasonably related to the provisions of the regulations
4.18and to execute development contracts embodying the terms and conditions of approval.
4.19The municipality may not require conditions in the development contract that are not
4.20authorized by statute or mutually agreed upon by all parties to the development contract.
4.21In addition, the amount of financial security for work authorized under the development
4.22contract must have a direct and proportionate relationship to the work to be completed
4.23by the subdivider or subdivider's contractor. At least three days before approval, the
4.24municipality must provide a copy of the complete development contract, including all
4.25exhibits, to the subdivider or contractor. The municipality may enforce such agreements
4.26and conditions by appropriate legal and equitable remedies.
1.3providing for municipal development contracts;amending Minnesota Statutes
1.42010, sections 394.34; 462.355, subdivision 4; 462.358, subdivision 2a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 394.34, is amended to read:
1.7394.34 INTERIM ZONING.
1.8(a) If a county is conducting or in good faith intends to conduct studies within a
1.9reasonable time, or has held or is holding a hearing for the purpose of considering a
1.10comprehensive plan or official controls or an amendment, extension, or addition to either,
1.11or in the event new territory for which no zoning may have been adopted, may be annexed
1.12to a municipality, the board, in order to protect the public health, safety, and general
1.13welfare, may adopt as an emergency measure, after public notice and hearing and by a
1.14two-thirds vote, a temporary interim zoning map or temporary interim zoning ordinance,
1.15the purpose of which
1.16constitutes the emergency. Such interim resolution
1.17date it becomes effective
1.18(b) An interim resolution must not halt, delay, or impede consideration of a use,
1.19development, or subdivision for which a complete application is pending before the
1.20county. The completeness of an application is determined by meeting the requirements of
1.21the county ordinance. An application deemed incomplete must be returned to the applicant
1.22with an explanation detailing the incomplete portions and providing an opportunity
1.23to correct the deficiency.
2.1 Sec. 2. Minnesota Statutes 2010, section 462.355, subdivision 4, is amended to read:
2.2 Subd. 4. Interim ordinance. (a) If a municipality is conducting studies or has
2.3authorized a study to be conducted or has held or has scheduled a hearing for the purpose
2.4of considering adoption or amendment of a comprehensive plan or official controls as
2.5defined in section
2.6have not been adopted is annexed to a municipality, the governing body of the municipality
2.7may adopt, after notice and public hearing and by a two-thirds vote, an interim ordinance
2.8applicable to all
2.9process and the health, safety and welfare of its citizens. The interim ordinance may
2.10regulate, restrict, or prohibit any use, development, or subdivision within the jurisdiction
2.11or a portion thereof for a period not to exceed one year from the date it is effective.
2.12(b) An interim ordinance must not halt, delay, or impede consideration of a
2.13use, development, or subdivision for which a complete application is pending before
2.14the municipality. The completeness of an application is determined by meeting the
2.15requirements of the municipal ordinance. An application deemed incomplete must be
2.16returned to the applicant with an explanation detailing the incomplete portions and
2.17providing an opportunity to correct the deficiency.
2.18
2.19
2.20required by this section, a public hearing must be held following a ten-day notice given by
2.21publication in a newspaper of general circulation in the municipality before the interim
2.22ordinance takes effect.
2.23
2.24a city's master plan for a municipal airport may be extended for such additional periods
2.25as the municipality may deem appropriate, not exceeding a total additional period of 18
2.26months. In all other cases, no interim ordinance may halt, delay, or impede a subdivision
2.27that has been given preliminary approval, nor may any interim ordinance extend the
2.28time deadline for agency action set forth in section
2.29filed prior to the effective date of the interim ordinance. The governing body of the
2.30municipality may extend the interim ordinance after a public hearing and written findings
2.31have been adopted based upon one or more of the conditions in clause (1), (2), or (3).
2.32The public hearing must be held at least 15 days but not more than 30 days before the
2.33expiration of the interim ordinance, and notice of the hearing must be published at least
2.34ten days before the hearing. The interim ordinance may be extended for the following
2.35conditions and durations, but, except as provided in clause (3), an interim ordinance may
2.36not be extended more than an additional 18 months:
3.1(1) up to an additional 120 days following the receipt of the final approval or review
3.2by a federal, state, or metropolitan agency when the approval is required by law and the
3.3review or approval has not been completed and received by the municipality at least 30
3.4days before the expiration of the interim ordinance;
3.5(2) up to an additional 120 days following the completion of any other process
3.6required by a state statute, federal law, or court order, when the process is not completed at
3.7least 30 days before the expiration of the interim ordinance; or
3.8(3) up to an additional one year if the municipality has not adopted a comprehensive
3.9plan under this section at the time the interim ordinance is enacted.
3.10 Sec. 3. Minnesota Statutes 2010, section 462.358, subdivision 2a, is amended to read:
3.11 Subd. 2a. Terms of regulations. (a) The standards and requirements in the
3.12regulations may address without limitation: the size, location, grading, and improvement
3.13of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters,
3.14water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the
3.15planning and design of sites; access to solar energy; and the protection and conservation
3.16of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic
3.17and ecologic features. The regulations shall require that subdivisions be consistent with
3.18the municipality's official map if one exists and its zoning ordinance, and may require
3.19consistency with other official controls and the comprehensive plan. The regulations may
3.20prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent
3.21with the comprehensive plan and the purposes of this section, particularly the preservation
3.22of agricultural lands. The regulations may prohibit, restrict or control development for
3.23the purpose of protecting and assuring access to direct sunlight for solar energy systems.
3.24The regulations may prohibit the issuance of permits or approvals for any tracts, lots, or
3.25parcels for which required subdivision approval has not been obtained.
3.26(b) The regulations may permit the municipality to condition its approval on
3.27the construction and installation of sewers, streets, electric, gas, drainage, and water
3.28facilities, and similar utilities and improvements or, in lieu thereof, on the receipt by the
3.29municipality of a cash deposit, certified check, irrevocable letter of credit, bond, or other
3.30financial security in an amount and with surety and conditions sufficient to assure the
3.31municipality that the utilities and improvements will be constructed or installed according
3.32to the specifications of the municipality. Sections
3.33improvements made by a subdivider or a subdivider's contractor.
3.34(c) A municipality may require that an applicant establish an escrow account or
3.35other financial security for the purpose of reimbursing the municipality for direct costs
4.1relating to professional services provided during the review, approval and inspection of
4.2the project. A municipality may only charge the applicant a rate equal to the value of the
4.3service to the municipality. Services provided by municipal staff or contract professionals
4.4must be billed at an established rate.
4.5(d) When the applicant vouches, by certified letter to the municipality, that the
4.6conditions required by the municipality for approval under this subdivision have been
4.7satisfied, the municipality has 30 days to release and return to the applicant any and all
4.8financial securities tied to the requirements. If the municipality fails to release and return
4.9the letters of credit within the 30-day period, any interest accrued will be paid to the
4.10applicant. If the municipality determines that the conditions required for approval under
4.11this subdivision have not been satisfied, the municipality must send written notice within
4.12seven business days upon receipt of the certified letter indicating to the applicant which
4.13specific conditions have not been met. The municipality shall require a maintenance
4.14or performance bond from any subcontractor that has not yet completed all remaining
4.15requirements of the municipality.
4.16(e) The regulations may permit the municipality to condition its approval on
4.17compliance with other requirements reasonably related to the provisions of the regulations
4.18and to execute development contracts embodying the terms and conditions of approval.
4.19The municipality may not require conditions in the development contract that are not
4.20authorized by statute or mutually agreed upon by all parties to the development contract.
4.21In addition, the amount of financial security for work authorized under the development
4.22contract must have a direct and proportionate relationship to the work to be completed
4.23by the subdivider or subdivider's contractor. At least three days before approval, the
4.24municipality must provide a copy of the complete development contract, including all
4.25exhibits, to the subdivider or contractor. The municipality may enforce such agreements
4.26and conditions by appropriate legal and equitable remedies.
