2005-05-03 P & Z Agenda - Laserfiche WebLink

Home Browse Search

provision for enacting or amending zoning ordinances by a 1TIIJjority vote supersedes any contrary provision ihat might be found in a city's charter. " Development Fees: The new provision requires that fees imposed under Minn. Stat. ~ 462 must be fair, reasonable and proportionate to the actual cost of the service for which the fee is imposed. It requires municipalities to establish procedures to account for the use of the fee. Also, the provision makes clear that disputed fees, specific fees to specific applications, are eligible for judicial review under ~ 462. It provides a process for fees to be escrowed and for approved projects to proceed while the dispute is being resolved. Effective VI/OI. Minn. Stat. ~ 462.353, Subd. 4 provides: A municipality may prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an official control established pursuant to sections 462.35I or 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections. Fees as prescribed must be by ordinance and must be fair, reasonable, and proportionate to the actual cost of the service for which the fee is imposed. A municipality shall adopt management and accounting procedures to ensure that fees are maintained and used only for the purpose for which they are collected If a dispute arises over a specific fee imposed by a municipality related to a specific application, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal under section 462.361. An approved application may proceed as if the fee had been paid, pending a decision on the appeal. New Reporting Mandate for Cities The 200 I Legislature passed into law a new reporting mandate that requires cities to report to the Department of Administration all construction and development-related fees. The first report is due April 2003 for calendar year 2002. The new statute (l6B. 685) provides: Beginning with the first report filed by Aprili, 2003, each municipality shall annually repart by Aprili to the department, in a fOr1TllJt prescribed by the department, all construction and development-related fees collected by the municipality from developers, builders, and subcontractors. The report must include: (1) the number and valuation of units for which fees were paid; (2) the amount of building permit fees, plan review fees, administrative fees, engineeringfees, infrastructure fees, and other construction and development-related fees; and (3) the expenses associated with the municipal activities for which fees were collected. 5