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SuggestedCodeAmendmentΑChapter153:SubdivisionRegulations;Section153.15General <br />{ƷğƷĻ{ƷğƷǒƷĻΛЍЏЋ͵ЌЎБΜʹ <br />Subd. 2b.Dedication. <br />(a) The regulations may require that a reasonable portion of the buildable land, as <br />defined by municipal ordinance, of any proposed subdivision be dedicated to the public or <br />preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm <br />water drainage and holding areas or ponds and similar utilities and improvements, parks, <br />recreational facilities as defined in section 471.191, playgrounds, trails, wetlands, or open <br />space. The requirement must be imposed by ordinance or under the procedures established in <br />section 462.353, subdivision 4a. <br />(b) If a municipality adopts the ordinance or proceeds under section 462.353, <br />subdivision 4a, as required by paragraph (a), the municipality must adopt a capital <br />improvement budget and have a parks and open space plan or have a parks, trails, and open <br />space component in its comprehensive plan subject to the terms and conditions in this <br />paragraph and paragraphs (c) to (i). <br /> (c) The municipality may choose to accept a cash fee as set by ordinance from the <br />applicant for some or all of the new lots created in the subdivision, based on the average fair <br />market value of the unplatted land for which park fees have not already been paid that is, no <br />later than at the time of final approval or under the city's adopted comprehensive plan, to be <br />served by municipal sanitary sewer and water service or community septic and private well <br />as authorized by state law. For purposes of redevelopment on developed land, the <br />municipality may choose to accept a cash fee based on fair market value of the land no later <br />than the time of final approval. "Fair market value" means the value of the land as <br />determined by the municipality annually based on tax valuation or other relevant data. If the <br />municipality's calculation of valuation is objected to by the applicant, then the value shall be <br />as negotiated between the municipality and the applicant, or based on the market value as <br />determined by the municipality based on an independent appraisal of land in a same or <br />similar land use category. <br />(d) In establishing the portion to be dedicated or preserved or the cash fee, the <br />regulations shall give due consideration to the open space, recreational, or common areas and <br />facilities open to the public that the applicant proposes to reserve for the subdivision. <br />(e) The municipality must reasonably determine that it will need to acquire that portion <br />of land for the purposes stated in this subdivision as a result of approval of the subdivision. <br />(f) Cash payments received must be placed by the municipality in a special fund to be <br />used only for the purposes for which the money was obtained. <br />(g) Cash payments received must be used only for the acquisition and development or <br />improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space <br />based on the approved park systems plan. Cash payments must not be used for ongoing <br /> <br />