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I MINNESOTA STATUTES 2010 462.358
<br /> 462.358 OFFICIAL CONTROLS: SUBDIVISION REGULATION; DEDICATION.
<br /> Subdivision 1. [Repealed, 1980 c 566 s 35]
<br /> Subd. 1 a. Authority. To protect and promote the public health, safety, and general welfare,
<br /> to provide for the orderly, economic, and safe development of land, to preserve agricultural
<br /> lands, to promote the availability of housing affordable to persons and families of all income
<br /> levels, and to facilitate adequate provision for transportation, water, sewage, storm drainage,
<br /> schools, parks, playgrounds, and other public services and facilities, a municipality may by
<br /> ordinance adopt subdivision regulations establishing standards, requirements, and procedures
<br /> for the review and approval or disapproval of subdivisions. The regulations may contain varied
<br /> provisions respecting, and be made applicable only to, certain classes or kinds of subdivisions.
<br /> The regulations shall be uniform for each class or kind of subdivision.
<br /> A municipality may by resolution extend the application of its subdivision regulations to
<br /> unincorporated territory located within two miles of its limits in any direction but not in a town
<br /> which has adopted subdivision regulations; provided that where two or more noncontiguous
<br /> municipalities have boundaries less than four miles apart, each is authorized to control the
<br /> subdivision of land equal distance from its boundaries within this area.
<br /> Subd. 2. [Repealed, 1980 c 566 s 35]
<br /> Subd. 2a. Terms of regulations. The standards and requirements in the regulations may
<br /> address without limitation: the size, location, grading, and improvement of lots, structures, public
<br /> areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage, lighting,
<br /> sewers, electricity, gas, and other utilities; the planning and design of sites; access to solar energy;
<br /> and the protection and conservation of flood plains, shore lands, soils, water, vegetation, energy,
<br /> air quality, and geologic and ecologic features. The regulations shall require that subdivisions be
<br /> consistent with the municipality's official map if one exists and its zoning ordinance, and may
<br /> require consistency with other official controls and the comprehensive plan. The regulations
<br /> may prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent
<br /> with the comprehensive plan and the purposes of this section, particularly the preservation of
<br /> agricultural lands. The regulations may prohibit, restrict or control development for the purpose
<br /> of protecting and assuring access to direct sunlight for solar energy systems. The regulations may
<br /> prohibit the issuance of permits or approvals for any tracts, lots, or parcels for which required
<br /> subdivision approval has not been obtained.
<br /> The regulations may permit the municipality to condition its approval on the construction
<br /> and installation of sewers, streets, electric, gas, drainage, and water facilities, and similar utilities
<br /> and improvements or, in lieu thereof, on the receipt by the municipality of a cash deposit, certified
<br /> check, irrevocable letter of credit, bond, or other financial security in an amount and with surety
<br /> and conditions sufficient to assure the municipality that the utilities and improvements will be
<br /> constructed or installed according to the specifications of the municipality. Sections 471.345 and
<br /> 574.26 do not apply to improvements made by a subdivider or a subdivider's contractor.
<br /> A municipality may require that an applicant establish an escrow account or other financial
<br /> security for the purpose of reimbursing the municipality for direct costs relating to professional
<br /> services provided during the review, approval and inspection of the project. A municipality may
<br /> only charge the applicant a rate equal to the value of the service to the municipality. Services
<br /> provided by municipal staff or contract professionals must be billed at an established rate.
<br /> Copyright©2010 by the Office of the Revisor of Statutes, State of Minnesota.All Rights Reserved.
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