2017-06-06 P & Z Packet - Laserfiche WebLink

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RELEVANT LINKS: See Handbook, Chapter 16 for more information on environmental review. Minn. Stat. § I I6D. Minn. R. ch. 4410. Minn. Stat. § 16D.02. Minn. Stat. § 15.99, subd. 3(d), (e). Minn. Stat. § 1161). Minn. R. ch. 4410. See Section V-A The 60 -Day Rule. Minn. Stat. § 462.353, subd. 4(a). Minn. Stat. § 462.353, subd. 4(b). Minn. Stat. § 462.353, subd. 4(d). Minn. Stat. § 462.361.Minn. Siai. §462.36.. Minn. Stat. § 462.353, subd. 4(a). In these rare instances, a property owner may be entitled to compensation for damages related to a legislative rezoning. D. Environmental review Minnesota has adopted a comprehensive and detailed environmental review program to determine the significant environmental effects of private and governmental actions. The idea behind the program is that if governmental bodies require documents that identify the environmental consequences of a proposed development and those documents are available to the public, decision -makers can incorporate environmental protection into the proposed development. The law prohibits the issuance of permits or development prior to completion of necessary documents. The state -mandated environmental review process usually occurs in conjunction with the city's administration of its zoning ordinance. The environmental review process may require the city to delay consideration of an application. The 60 -Day Rule allows an extension for these purposes. E. Fees and escrow Proper zoning administration may require significant financial commitment from a city. However, a city may establish land use fees under the Municipal Planning Act sufficient to defray the costs incurred by the city in reviewing, investigating, and administering an application for an amendment to an official control, or an application for a permit or other approval required under the zoning ordinance. Fees are required by law to be fair, reasonable, proportionate, and be linked to the actual cost of the service for which the fee is imposed. All cities are required to adopt management and accounting procedures to ensure fees are maintained and used only for the purpose for which they are collected. Upon request, a city must explain the basis of its fees. If a dispute arises over a specific fee imposed by a city related to a specific application, the person aggrieved by the fee may appeal to district court provided the appeal is brought within 60 days after approval of the application and deposit of the fee into escrow. An approved application may proceed as if the fee had been paid, pending a decision on the appeal. Generally, cities must adopt fees by ordinance. However, there is a statutory exception to this general requirement. The exception authorizes cities that collect an annual cumulative total of $5,000 or less of land use fees to simply refer to a fee schedule in the ordinance that governs the official control or permit. These cities are authorized to adopt a fee schedule by ordinance or by resolution, either annually or more frequently, after providing notice and holding a public hearing. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 35