Bill Text: MN SF270 | 2011-2012 | 87th Legislature | Engrossed
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-Engrossed.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-Engrossed.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
1.9a reasonable time, or has held or is holding a hearing for the purpose of considering
1.10a comprehensive plan or official controls or an amendment, extension, or addition to
1.11either, or in the event new territory for which no zoning may have been adopted, may be
1.12annexed to a municipality, the board, in order to protect the public health, safety, and
1.13general welfare, may adopt as an emergency measure, after public notice and hearing
1.14and by a two-thirds vote, a temporary interim zoning map or temporary interim zoning
1.15ordinance,. The purpose of which shall be the ordinance or map is to classify and regulate
1.16uses and related matters as constitutes the emergency.Such The interim resolution shall
1.17be ordinance or map is limited to one year from the date it becomes effective and to
1.18one year to renewal thereafter.
1.19(b) Before adopting an interim zoning ordinance or map, the county board must hold
1.20a public hearing. Notice of the public hearing must be published in the county's official
1.21newspaper at least ten days before the hearing.
1.22(c) An interim ordinance or map must not halt, delay, or impede consideration of a
1.23use, development, or subdivision for which a complete application is pending before the
1.24county. The completeness of an application is determined by meeting the requirements of
2.1the county ordinance. An application deemed incomplete must be returned to the applicant
2.2with an explanation detailing the incomplete portions and providing an opportunity to
2.3correct the deficiency. This paragraph does not apply to adult-use businesses or sexually
2.4oriented businesses, as defined by ordinance. This paragraph does not prevent a county
2.5from denying an application if the proposed use is deemed to be a nuisance as defined
2.6in section 561.01.
2.7 Sec. 2. Minnesota Statutes 2010, section 462.355, subdivision 4, is amended to read:
2.8 Subd. 4. Interim ordinance. (a) If a municipality is conducting studies or has
2.9authorized a study to be conducted or has held or has scheduled a hearing for the purpose of
2.10considering adoption or amendment of a comprehensive plan or official controls as defined
2.11in section462.352, subdivision 15 , or if new territory for which plans or controls have not
2.12been adopted is annexed to a municipality, the governing body of the municipality may
2.13adopt, by a two-thirds vote, an interim ordinance applicable to allor part of its jurisdiction
2.14for the purpose of protecting the planning process and the health, safety and welfare of its
2.15citizens. The interim ordinance may regulate, restrict, or prohibit any use, development, or
2.16subdivision within the jurisdictionor a portion thereof for a period not to exceed one year
2.17from the date it is effective except as otherwise provided by this subdivision.
2.18(b) An interim ordinance must not halt, delay, or impede consideration of a
2.19use, development, or subdivision for which a complete application is pending before
2.20the municipality. The completeness of an application is determined by meeting the
2.21requirements of the municipal ordinance. An application deemed incomplete must be
2.22returned to the applicant with an explanation detailing the incomplete portions and
2.23providing an opportunity to correct the deficiency. This paragraph does not apply to
2.24adult-use businesses or sexually oriented businesses, as defined by ordinance. This
2.25paragraph does not prevent a municipality from denying an application if the proposed use
2.26is deemed to be a nuisance as defined in section 561.01.
2.27(b) (c) If a proposed interim ordinance purports to regulate, restrict, or prohibit
2.28activities relating to livestock production For purposes of notice and public hearing
2.29required by this section, a public hearing must be held following a ten-day notice given by
2.30publication in a newspaper of general circulation in the municipality before the interim
2.31ordinance takes effect.
2.32(c) (d) The period of an interim ordinance applicable to an area that is affected by
2.33a city's master plan for a municipal airport may be extended for such additional periods
2.34as the municipality may deem appropriate, not exceeding a total additional period of 18
2.35months. In all other cases, no interim ordinance may halt, delay, or impede a subdivision
3.1that has been given preliminary approval, nor may any interim ordinance extend the
3.2time deadline for agency action set forth in section15.99 with respect to any application
3.3filed prior to the effective date of the interim ordinance. The governing body of the
3.4municipality may extend the interim ordinance after a public hearing and written findings
3.5have been adopted based upon one or more of the conditions in clause (1), (2), or (3).
3.6The public hearing must be held at least 15 days but not more than 30 days before the
3.7expiration of the interim ordinance, and notice of the hearing must be published at least
3.8ten days before the hearing. The interim ordinance may be extended for the following
3.9conditions and durations, but, except as provided in clause (3), an interim ordinance may
3.10not be extended more than an additional 18 months:
3.11(1) up to an additional 120 days following the receipt of the final approval or review
3.12by a federal, state, or metropolitan agency when the approval is required by law and the
3.13review or approval has not been completed and received by the municipality at least 30
3.14days before the expiration of the interim ordinance;
3.15(2) up to an additional 120 days following the completion of any other process
3.16required by a state statute, federal law, or court order, when the process is not completed at
3.17least 30 days before the expiration of the interim ordinance; or
3.18(3) up to an additional one year if the municipality has not adopted a comprehensive
3.19plan under this section at the time the interim ordinance is enacted.
3.20 Sec. 3. Minnesota Statutes 2010, section 462.358, subdivision 2a, is amended to read:
3.21 Subd. 2a. Terms of regulations. (a) The standards and requirements in the
3.22regulations may address without limitation: the size, location, grading, and improvement
3.23of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters,
3.24water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the
3.25planning and design of sites; access to solar energy; and the protection and conservation
3.26of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic
3.27and ecologic features. The regulations shall require that subdivisions be consistent with
3.28the municipality's official map if one exists and its zoning ordinance, and may require
3.29consistency with other official controls and the comprehensive plan. The regulations may
3.30prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent
3.31with the comprehensive plan and the purposes of this section, particularly the preservation
3.32of agricultural lands. The regulations may prohibit, restrict or control development for
3.33the purpose of protecting and assuring access to direct sunlight for solar energy systems.
3.34The regulations may prohibit the issuance of permits or approvals for any tracts, lots, or
3.35parcels for which required subdivision approval has not been obtained.
4.1(b) The regulations may permit the municipality to condition its approval on
4.2the construction and installation of sewers, streets, electric, gas, drainage, and water
4.3facilities, and similar utilities and improvements or, in lieu thereof, on the receipt by the
4.4municipality of a cash deposit, certified check, irrevocable letter of credit, bond, or other
4.5financial security in an amount and with surety and conditions sufficient to assure the
4.6municipality that the utilities and improvements will be constructed or installed according
4.7to the specifications of the municipality. Sections471.345 and
574.26 do not apply to
4.8improvements made by a subdivider or a subdivider's contractor.
4.9(c) A municipality may require that an applicant establish an escrow account or
4.10other financial security for the purpose of reimbursing the municipality for direct costs
4.11relating to professional services provided during the review, approval and inspection of
4.12the project. A municipality may only charge the applicant a rate equal to the value of the
4.13service to the municipality. Services provided by municipal staff or contract professionals
4.14must be billed at an established rate.
4.15(d) When the applicant vouches, by certified letter to the municipality, that the
4.16conditions required by the municipality for approval under this subdivision have been
4.17satisfied, the municipality has 30 days to release and return to the applicant any and all
4.18financial securities tied to the requirements. If the municipality fails to release and return
4.19the letters of credit within the 30-day period, any interest accrued will be paid to the
4.20applicant. If the municipality determines that the conditions required for approval under
4.21this subdivision have not been satisfied, the municipality must send written notice within
4.22seven business days upon receipt of the certified letter indicating to the applicant which
4.23specific conditions have not been met. The municipality shall require a maintenance
4.24or performance bond from any subcontractor that has not yet completed all remaining
4.25requirements of the municipality.
4.26(e) The regulations may permit the municipality to condition its approval on
4.27compliance with other requirements reasonably related to the provisions of the regulations
4.28and to execute development contracts embodying the terms and conditions of approval.
4.29The municipality may not require conditions in the development contract that are not
4.30authorized by statute or mutually agreed upon by all parties to the development contract.
4.31In addition, the amount of financial security for work authorized under the development
4.32contract must have a direct and proportionate relationship to the work to be completed
4.33by the subdivider or subdivider's contractor. At least three days before approval, the
4.34municipality must provide a copy of the complete development contract, including all
4.35exhibits, to the subdivider or contractor. The municipality may enforce such agreements
4.36and 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
1.9a reasonable time, or has held or is holding a hearing for the purpose of considering
1.10a comprehensive plan or official controls or an amendment, extension, or addition to
1.11either, or in the event new territory for which no zoning may have been adopted, may be
1.12annexed to a municipality, the board, in order to protect the public health, safety, and
1.13general welfare, may adopt as an emergency measure, after public notice and hearing
1.14and by a two-thirds vote, a temporary interim zoning map or temporary interim zoning
1.15ordinance
1.16uses and related matters as constitutes the emergency.
1.17
1.18
1.19(b) Before adopting an interim zoning ordinance or map, the county board must hold
1.20a public hearing. Notice of the public hearing must be published in the county's official
1.21newspaper at least ten days before the hearing.
1.22(c) An interim ordinance or map must not halt, delay, or impede consideration of a
1.23use, development, or subdivision for which a complete application is pending before the
1.24county. The completeness of an application is determined by meeting the requirements of
2.1the county ordinance. An application deemed incomplete must be returned to the applicant
2.2with an explanation detailing the incomplete portions and providing an opportunity to
2.3correct the deficiency. This paragraph does not apply to adult-use businesses or sexually
2.4oriented businesses, as defined by ordinance. This paragraph does not prevent a county
2.5from denying an application if the proposed use is deemed to be a nuisance as defined
2.6in section 561.01.
2.7 Sec. 2. Minnesota Statutes 2010, section 462.355, subdivision 4, is amended to read:
2.8 Subd. 4. Interim ordinance. (a) If a municipality is conducting studies or has
2.9authorized a study to be conducted or has held or has scheduled a hearing for the purpose of
2.10considering adoption or amendment of a comprehensive plan or official controls as defined
2.11in section
2.12been adopted is annexed to a municipality, the governing body of the municipality may
2.13adopt, by a two-thirds vote, an interim ordinance applicable to all
2.14for the purpose of protecting the planning process and the health, safety and welfare of its
2.15citizens. The interim ordinance may regulate, restrict, or prohibit any use, development, or
2.16subdivision within the jurisdiction
2.17from the date it is effective except as otherwise provided by this subdivision.
2.18(b) An interim ordinance must not halt, delay, or impede consideration of a
2.19use, development, or subdivision for which a complete application is pending before
2.20the municipality. The completeness of an application is determined by meeting the
2.21requirements of the municipal ordinance. An application deemed incomplete must be
2.22returned to the applicant with an explanation detailing the incomplete portions and
2.23providing an opportunity to correct the deficiency. This paragraph does not apply to
2.24adult-use businesses or sexually oriented businesses, as defined by ordinance. This
2.25paragraph does not prevent a municipality from denying an application if the proposed use
2.26is deemed to be a nuisance as defined in section 561.01.
2.27
2.28
2.29required by this section, a public hearing must be held following a ten-day notice given by
2.30publication in a newspaper of general circulation in the municipality before the interim
2.31ordinance takes effect.
2.32
2.33a city's master plan for a municipal airport may be extended for such additional periods
2.34as the municipality may deem appropriate, not exceeding a total additional period of 18
2.35months. In all other cases, no interim ordinance may halt, delay, or impede a subdivision
3.1that has been given preliminary approval, nor may any interim ordinance extend the
3.2time deadline for agency action set forth in section
3.3filed prior to the effective date of the interim ordinance. The governing body of the
3.4municipality may extend the interim ordinance after a public hearing and written findings
3.5have been adopted based upon one or more of the conditions in clause (1), (2), or (3).
3.6The public hearing must be held at least 15 days but not more than 30 days before the
3.7expiration of the interim ordinance, and notice of the hearing must be published at least
3.8ten days before the hearing. The interim ordinance may be extended for the following
3.9conditions and durations, but, except as provided in clause (3), an interim ordinance may
3.10not be extended more than an additional 18 months:
3.11(1) up to an additional 120 days following the receipt of the final approval or review
3.12by a federal, state, or metropolitan agency when the approval is required by law and the
3.13review or approval has not been completed and received by the municipality at least 30
3.14days before the expiration of the interim ordinance;
3.15(2) up to an additional 120 days following the completion of any other process
3.16required by a state statute, federal law, or court order, when the process is not completed at
3.17least 30 days before the expiration of the interim ordinance; or
3.18(3) up to an additional one year if the municipality has not adopted a comprehensive
3.19plan under this section at the time the interim ordinance is enacted.
3.20 Sec. 3. Minnesota Statutes 2010, section 462.358, subdivision 2a, is amended to read:
3.21 Subd. 2a. Terms of regulations. (a) The standards and requirements in the
3.22regulations may address without limitation: the size, location, grading, and improvement
3.23of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters,
3.24water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the
3.25planning and design of sites; access to solar energy; and the protection and conservation
3.26of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic
3.27and ecologic features. The regulations shall require that subdivisions be consistent with
3.28the municipality's official map if one exists and its zoning ordinance, and may require
3.29consistency with other official controls and the comprehensive plan. The regulations may
3.30prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent
3.31with the comprehensive plan and the purposes of this section, particularly the preservation
3.32of agricultural lands. The regulations may prohibit, restrict or control development for
3.33the purpose of protecting and assuring access to direct sunlight for solar energy systems.
3.34The regulations may prohibit the issuance of permits or approvals for any tracts, lots, or
3.35parcels for which required subdivision approval has not been obtained.
4.1(b) The regulations may permit the municipality to condition its approval on
4.2the construction and installation of sewers, streets, electric, gas, drainage, and water
4.3facilities, and similar utilities and improvements or, in lieu thereof, on the receipt by the
4.4municipality of a cash deposit, certified check, irrevocable letter of credit, bond, or other
4.5financial security in an amount and with surety and conditions sufficient to assure the
4.6municipality that the utilities and improvements will be constructed or installed according
4.7to the specifications of the municipality. Sections
4.8improvements made by a subdivider or a subdivider's contractor.
4.9(c) A municipality may require that an applicant establish an escrow account or
4.10other financial security for the purpose of reimbursing the municipality for direct costs
4.11relating to professional services provided during the review, approval and inspection of
4.12the project. A municipality may only charge the applicant a rate equal to the value of the
4.13service to the municipality. Services provided by municipal staff or contract professionals
4.14must be billed at an established rate.
4.15(d) When the applicant vouches, by certified letter to the municipality, that the
4.16conditions required by the municipality for approval under this subdivision have been
4.17satisfied, the municipality has 30 days to release and return to the applicant any and all
4.18financial securities tied to the requirements. If the municipality fails to release and return
4.19the letters of credit within the 30-day period, any interest accrued will be paid to the
4.20applicant. If the municipality determines that the conditions required for approval under
4.21this subdivision have not been satisfied, the municipality must send written notice within
4.22seven business days upon receipt of the certified letter indicating to the applicant which
4.23specific conditions have not been met. The municipality shall require a maintenance
4.24or performance bond from any subcontractor that has not yet completed all remaining
4.25requirements of the municipality.
4.26(e) The regulations may permit the municipality to condition its approval on
4.27compliance with other requirements reasonably related to the provisions of the regulations
4.28and to execute development contracts embodying the terms and conditions of approval.
4.29The municipality may not require conditions in the development contract that are not
4.30authorized by statute or mutually agreed upon by all parties to the development contract.
4.31In addition, the amount of financial security for work authorized under the development
4.32contract must have a direct and proportionate relationship to the work to be completed
4.33by the subdivider or subdivider's contractor. At least three days before approval, the
4.34municipality must provide a copy of the complete development contract, including all
4.35exhibits, to the subdivider or contractor. The municipality may enforce such agreements
4.36and conditions by appropriate legal and equitable remedies.
