HomeMy WebLinkAbout[02] Annexation Process & Amendment to Orderly Annexation'"
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MEETING DATE:
AGENDA ITEM:
Joint City/Township Planning Agenda Item
July 13, 2009
Annexation Process
PREVIOUS ACTION: The flow chart and annexation materials following are the final copies. For the
City process they will be forwarded to the City Council. If any of the materials are in error please let me
know.
Annexation Illustration
Adopted , 2009
The application is complete,
criteria met, fee, legal
description and tax statement
The petition is placed on the
Council agenda for approval
and a copy is forwarded to St.
Joseph Township.
Annexation
Petition
received
Administrator reviews
petition to see if the
request meets the criteria
for annexation
Application does not meet
criteria -Joint Planning Board
meeting scheduled.
Joint Planning Board makes
recommendation to Joint
Powers Board
Joint Powers -authorize
public hearing for
annexation
Resolution is prepared and
forwarded to MN Planning,
copy to St. Joseph Township
City Receives notification
from MN Planning that
annexation has been
ordered. The City map is
updated with the new
boundary.
The public hearing results in
the Joint Powers Board
approving the request. Each
jurisdiction must act
separately on the request.
Upon verification the
Township has approved the
annexation request the City
Council approves the
annexation and forwards to
MN Planning, copy to St.
Joseph Township
City Receives notification
from MN Planning that
annexation has been
ordered. The City map is
updated with the new
boundary.
Joint Powers -
annexation is
premature and denied
The public hearing results in
the Joint Powers denying the
request. Each jurisdiction
must separately act on the
ranuatt
Upon verification the
Township has denied the
annexation request the City
Council denies -he annexation
and the propery owner is
notified. The rc:atter is
considered dosed.
APPLICATION FOR ANNEXATION
City of St. Joseph
25 College Avenue N
PO Box 668
St. Joseph, MN 56374
Phone (320)363-7201 or Fax (320)363-0342
STATE OF MINNESOTA )
ss
COUNTY OF STEARNS )
NAME: PHONE:
ADDRESS:
Fee 5
Paid
Date
I/We, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St.
Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their
application and complying with the ordinance requirements.)
1. Application is hereby made to annex the following area: (Legal description of land to be annexed, including acreage or square
footage)
2. Name and address of the present owner of the above described land:
3. Is the proposed use compatible with the future and present. land uses of the area? Please explain:
r' Yes (""'', No
4. The residents in the area will increase the popluation by:
Subject to exceptions set forth in the Orerly Annexation Agreement, the City and Township agree that, unless both the Township
and City mutually agree to consider a specific annexation request, property will not be annexed unless all three of the criteria stated
below are satisfied:
1. A petition for annexation has been received and either 100% of the property owners have petitioned to do so, or the subject
property has completed the hearing process and hereinafter set forth, with approval of the proposed annexation being obtained
from both the City and Township.
2. The property for which annexation is sought is contiguous to the City Limits. For the purposes of this requirement, "contiguous"
shall mean:
a. That the property is sought to be annexed abuts property within the City; or
b. That the property sought to be annexed would abut property within the City, but for the existence of an intervening
road right-of-way, the existence of the body of a river or the existence of the body of a lake. A road right-of-way (other
than as if traversed across its width to get to the property to be annexed as provide for in this paragraph) shall not be
used as a basis fora finding that said property abuts or is contiguous to property within the City; or
c. If only an apex of the property sought to be annexed abuts property within the City
3. The City has immediate ability to extend water and sewer services to the subject property and the property owner has good
faith intent to immediately plat the property for which annexation is sought. That following annexation, but before a building
permit is issued by the City for the construction of any structures thereon, City water and sewer services must be provided to the
structure for which any building permit is sought.
In the event that the City and Township mutually agree to consider an annexation request that does not meet all three criteria
established above, at least 60% of the affected property owners must submit a petition for annexation. In that event, a joint hearing
of both the Town Board and the City Council shall be called to consider and act on the petition. The petition for annexation shall
not be approved unless both the Town Board and the City Council, voting as separate bodies, approve the petition seeking
annexation.
Attached to this application, and made a part thereof, are other material submission data requirements, as indicated.
Applicant Signature:
Applicant Signature:
Date:
Date:
FOR OFFICE USE ONLY
Date application submitted: Date application completed:
City Council Action: r Approved r` Denied Date of Action:
Joint Powers Board: r"' Public Hearing Scheduled ~ Request Denied
Date of Hearing: Date of Action:
City Action: (- Approved r Denied Date of Action:
Township Action: r Approved r Denied Date of Action:
Date ApplicanUProperty owner notified of City/Township Action:
Upon Verification, Date sent to MN Planning (Copy to Township):
City of St. Joseph
Required Material Submission
Annexation Material
Completed applications for Annexation requests and required fees shall be submitted the City of St. Joseph Zoning Administrator
at least 20 days prior to the proposed date of consideration by the City. The twenty days allows the City to review the application,
forward the application to other entities for review as required and notify the public as required. Only completed applications will
be accepted. It is the applicant's responsibility to submit required materials. If an application is determined to be incomplete,
notification, which indicates which portion of the application is incomplete, will be mailed to the applicant within 10 days following
submission of the application.
REQUIRED MATERIALS -The applicant shall provide the following:
MATERIAL REQUIRED COMPLETE
1. Additional written or graphic data reasonably (~" Yes
required by the Zoning Administrator or the
Planning Commission. r' No
2. Copy of the property tax statement r', Yes
(~' N o
3. Required Fee. r! Yes
Property within the Orderly Annexation Agreement: ~~ No
55.00 per acre
$300.00 minimum
Property outside the Orderly Annexation Agreement:
$10.00 per acre
$500.00 minimum
COMMENTS
Ci'19'UFltiT.Jt~SNI+H •
Joint City/Township Planning Agenda Item
MEETING DATE: July 13, 2009
AGENDA ITEM: Amendment to Orderly Annexation
PREVIOUS ACTION: At the last Joint meeting we spent considerable time discussing any updates to
the OA Agreement. I was asked to provide ared-lined copy of the agreement with potential changes.
As you will see from the document there are significant changes. The major changes are as follows:
MOU -Since the Township and City executed the OA agreement, both have executed a
Memorandum of Understanding (MOUj with Stearns County. The MOU gives Stearns County
Planning authority in the OA area under the guidance of a Joint Planning Board. The MOU also
identifies the responsibilities of all parties. For your convenience I have attached a copy of the
MOU. Based on this MOU, I have revised the OA incorporating the language and amended the
section on the Joint Powers and Joint Planning.
Joint Powers and Joint Planning - When I started reviewing the OA I printed all the Statutes that
are referenced in the document. In reading the Statutes, the Joint Powers Board is only needed
if "Orderly Annexation agreement does not provide for joint planning and land use control,
delegate planning and land use control to the municipalities or towns, or establish some other
process for planning and land use authority, the following procedure shall govern:" [MN
Statutes 414.0325.5.d] The rest the statute describes the Joint Planning Commission we have in
the current OA agreement. The MOU identifies a Planning authority so it appears that this
provision is not needed.
Tax Rate: The boards discussed property that is annexed and then not developed. The
discussion included whether or not the property could be detached as the property owner is
taxed at a higher rate in the City. A case in point was the Feld Farm. The developer was working
with the City to plat the property but finance issues stalled the development. I talked to Arlene
at the Stearns County Auditor's Office about tax rates and if the City and Township could agree
to not impose the City rate until the property is developed. He informed me that the City and
Town can do that or any other method we chose. It would be the City responsibility to notify
the Auditor's Office when the tax rate would change. He also stated that the provision must be
included in the OA and it is not uncommon. Therefore, I have added a section for this provision.
The changes included in this document are for discussion purposes only and any can be modified.
TOWN OF ST. JOSEPH RESOLUTION NO.
CITY OF ST JOSEPH RESOLUTION NO.
JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE
TOWN OF ST. JOSEPH AND THE CITY OF ST. JOSEPH, MINNESOTA
WHEREAS, the Town of St. Joseph (hereinafter referred to as the "Town") and the City
of St. Joseph (hereinafter referred to as the "City"), both located entirely within Stearns
County, in the State of Minnesota, have agreed that there is a clear need for a
cooperative future planning effort for the land governed by the two jurisdiction; and,
WHEREAS, to this end, have met extensively in discussion and study of future planning
issues as the Greater St. Joseph Area Committee; and,
WHEREAS, the Town Board and City Council have expressed their desire to encourage
future development of land near the City so as to avail such development of municipal
services as much as is practical, while encouraging the retention of land in agricultural
use;
NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual terms and
conditions that follow, that the City and Town enter into this Joint Resolution 'or Orderly
Annexation.
1. Designation of Orderly Annexation Area. The Town and City desire to designate the
area set forth on the map attached (Exhibit 4) and the legal descriptions attached
(Exhibits 1,2 and 3) as subject to orderly annexation under and pursuant to
Minnesota Statutes Section 414.0325.
2. Minnesota Municipal Board Jurisdiction. Upon approval by the Town Board and the
City Council, this Joint Resolution shall confer jurisdiction upon the Minnesota
Municipal Board (hereinafter referred to as the "Municipal Board") so as to
accomplish said orderly annexations in accordance with the terms of this Joint
Resolution.
3. No Alterations of Boundaries. The Town and City mutually agree and state that no
alterations by the Municipal Board of the stated boundaries of the area designated
for orderly annexation is appropriate.
4. Review and Comment by the Municipal Board. The Town and City mutually agree
and state that this Joint Resolution and Agreement sets forth all the corditions for
annexation of the areas designated, and that no consideration by the Municipal
Board is necessary. The Board may review and comment, but shall, within thirty (30)
days, order the annexation in accordance with the terms of this Joint Resolution.
5. Planning and Land Use Control Authority. The~ewr} -agfee-~~
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The Town and City have executed a Memorandum of
Understanding (MOU) cooperating with Stearns County to administer zoning
regulations for the purpose of ensuring better consistency in land use regulations
and in the implementation of the same.
In accordance with the executed MOU as referenced above the Town and City will
create a Joint Planning Board which shall have exclusive authority over land use and
zoning issues within the OA area. Any issues that would normally come before the
Planning Commissions of either the City or the Town that involves land within the
boundaries of the orderly annexation area described in Section One prior to
annexation, will be heard by a Joint Planning Board.
Membership of this Joint Planning Board shall be as follows:
A. Three (3) members from the City Plannin~d
B. Three (3~ members from the Town Planning Board
C. One (1) member of the St. Joseph City Council.
D. One U member of the Town Board.
The hosting of meetings for the Joint Planning Board, as well as the taking of minutes
for their meetings, shall be the responsibility of the Town Clerk.
The responsibilities of the Joint Planning Board are those identified in the MOU
referenced above and attached as Exhibit 1.
~~ _~ Applicable Land Use Controls: Prior to annexation, the ordinances of the Town
will control the properties in the area designated for orderly annexation; following
annexation and upon the Town and City receiving notification from MN Planning that
the annexation has been ordered, the ordinances of the City shall control. At this
time the City shall serve as the "governing body."
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annexation has been ordered +h° °^^°„°,+ nr„^°r+i° ~h^~~ -,°
7. Tax Rate for Annexed Property: When undeveloped land is annexed for the purpose
of development, the City tax rate shall not apply until a plat has been recorded at the
Stearns County Recorder's Office. Until that time the Town tax rate shall be used.
All other properties annexed shall be taxed at the City tax rate upon completion of
annexation.
l:. _ Municipal Reimbursement. The City and Town mutually agree and state that,
pursuant to Minnesota Statutes 414.036, a reimbursement from the City to the Town
shall occur for the taxes collected on land annexed into the City, according to the
following conditions:
A. All reimbursement will be based on the valuation and tax capacity of the land
as it exists in the Town at the time of its annexation.
B. The reimbursement on said land shall be based on a five (5) year schedule
with a percentage of base taxes reimbursed to the Town as follows:
Year 1 60%
Year 2 50%
Year 3 40%
Year 4 30%
Year 5 20%
C. At the sixth year, and every year thereafter, all pertinent tax revenues will be
the property of the City.
D. Any circumstances of extreme undue hardship may be cause for re-
negotiation of this section on a case-by-case basis.
~-9. ,,,..Conditions for Orderly Annexation.
A. Zones 1, 2 and 3 in Prior Annexation Agreements.
The December 18, 1997 Annexation Agreement between the City and Town
contain three zones which were to be annexed into the City over differing periods
of time. The City and Town desire to maintain the zones for purposes of this
Agreement. The zones are designated as:
ZONE PROJECTED LIFE LEGAL DESC. MAP
Zone 1 0-1 Year (1997-2002) Exhibit 1 Exhibit 4
Zone 2 6-10 Years (2003-2007) Exhibit 2 Exhibit 4
Zone 3 11-20 Years (2008-2017) Exhibit 3 Exf,ibit 4
The City will continue to make reasonable efforts to provide and plan for the
possible extension of services into each zone within the projected life of each
zone. Once the projected life of a zone has expired, such as is the case for Zone
1, the City may annex the property on the City's own petition for annexation and
the annexation shall not be subject to the annexation petition requirements in
paragraph 76 below, and shall not be subject to the Criteria for Annex~~tion in
paragraph 7C [1] below. The Township shall not object to such annexation
petition by the City.
Zone 2 will expire on December 31, 2007. Zone 3 will expire on December 31,
2017.
Unless a petition of property owners for annexation has been filed with the City
pursuant to paragraph 7B below, and the criteria for annexation as established in
paragraph 7C below of this agreement is met, the City agrees not to petition for
annexation of any area within Zone 2 until December 31, 2007, or unless it is
ordered to provide sanitary sewer and/or municipal water services to any areas in
said zone by the MPCA or any other state or federal regulatory agency.
Unless a petition of property owners for annexation has been filed with the City
pursuant to paragraph 7B below, and the criteria for annexation as established in
paragraph 7C below of this agreement is met, the City agrees not to petition for
annexation of any area within Zone 3 until December 31, 2017, or unless it is
ordered to provide sanitary sewer and/or municipal water services to any areas in
said zone by the MPCA or any other state or federal regulatory agency.
For all areas within the annexation area between the City and Town which are
not a part of Zone 1, Zone 2 and Zone 3, the City agrees not to petition for
annexation of any area unless a petition of property owners for annexation has
been filed with the City pursuant to paragraph 7B, Annexation Petition
Requirements, and the Criteria for Annexation as established in paragraph 7C of
this Agreement has been met.
B. Annexation Petition Requirements.
Subject to the exceptions in paragraph 7A above, the owners of at least sixty (60)
percent of the parcels of property in the affected area must petition in order for
the annexation to be considered.
If the owners of sixty (60) percent or more, but less than one hundred (100)
percent of the parcels of property in the affected area petition for annexation, a
joint hearing of both the Town Board and the City Council shall be called to
consider the petition. The petition shall not be approved unless both the Town
Board and City Council, voting as separate boards, approve the petition seeking
annexation.
If the owners of one hundred (100) percent of the parcels of property in the
affected area petition for annexation, the City Council will, as an agenda item at
their next regular Council meeting, review the petition for consideration of
annexation.
C. Criteria for Annexation.
Subject to the exceptions set forth in paragraph 7A above, the City and Township
agree that, unless both the Township and City mutually agree to consider a
specific annexation request, property will not be annexed unless all three of the
criteria stated below are satisfied:
1. A petition for annexation has been received and either 100% of the
property owners have petitioned to do so, or the subject property
has completed the hearing process as hereinafter set forth, with
approval of the proposed annexation being obtained from both the
City and Township; and
2. The property for which annexation is sought is contiguous to the
City Limits. For the purposes of this requirement, "contiguous" shall
mean:
a. That the property is sought to be annexed abuts
property within the City; or
b. That the property sought to be annexed would abut
property within the City, but for the existence of an
intervening road right-of-way, the existence of the body
of a river or the existence of the body of a lake. A road
right-of-way (other than as if traversed across its width
to get to the property to be annexed as provided for in
this paragraph) shall not be used as a basis for a
finding that said property abuts or is cortiguous to
property within the City; or
c. If only an apex of the property sought to be annexed
abuts property within the City; and
3. The City has immediate ability to extend water and sewer services
to the subject property and the property owner has a good faith
intent to immediately plat the property for which annexation is
sought. That following annexation, but before a building permit is
issued by the City for the construction of any structurE;s thereon,
City water and sewer services must be provided to the structure for
which any building permit is sought.
In the event that the City and Township mutually agree to consider an
annexation request that does not meet all three (3) criteria established above,
at least 60% of the affected property owners must submit a petition for
annexation. In that event, a joint hearing of both the Town Board and the City
Council shall be called to consider and act on the petition. The petition for
annexation shall not be approved unless both the Town Board and the City
Council, voting as separate bodies, approve the petition seeking annexation.
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N . G. Periodic Review. The City and Town mutually agree and state that a periodic
review of this agreement is to be conducted beginning three (3) years after the
effective date of this agreement and every three (3) years thereafter. The Joint
Planning Committee as described in Section 8 of this agreement shall be responsible
for conducting this periodic review, and shall present a report of said review to both
the City Council and Township Board for their consideration of any
recommendations.
a-~ ~ _Authorization. The appropriate officers of the City and Town are hereby
authorized to carry the terms of this Joint Resolution into effect.
=~?-1 ~ _ Severability and Repealer. A determination that a provision of this joint
Resolution is unlawful or unenforceable shall not affect the validity or enforceability of
the other provisions herein. Any prior agreement or joint resolution existing between
the parties and effecting the property described in the attached Exhibits, shall be
considered repealed upon the effective date of this Joint Resolution.
Upon adoption of this Orderly Annexation Agreement by the City of St. Joseph and
Township of St. Joseph, and approval by the Municipal Board, the Joint Resolution
as to Orderly Annexation, City of St. Joseph and Township of St. Joseph, dated
October 2, 1975 and subsequently amended by joint resolution approved by the City
of St. Joseph on April 16, 1987, and approved by the Town of St. Joseph on April 27,
1987 and subsequently amended by joint resolution approved by the City of St.
Joseph on December 18, 1997 and approved by the Town of St. Joseph on
December 29, 1997, shall hereby be considered revoked by the provisions of this
Agreement.
,_ Effective Date. This Joint Resolution shall be effective upon adoption by the
_~. __
governing bodies of the City and Township and approved by the Municipal Board.
Approved the day of , 2006, by the Town Board of the Town of
St. Joseph.
Chair
Chair
Approved the day of , 2006, by the City Council of the City of
St. Joseph.
Mayor
Clerk/Administrator
Exhibit 1
0 - 5 Year Urban Service Area
Section 02-124-29
S'/z - SW'/ West of CR 133
Section 03-124-29
So. 10 A of NE'/ - SE'/4
SE'/ - SE'/
So. 30 A of SW '/4 - SE
So. 30 A of SE % - SW'/
SW '/a - SW '~
Section 04-124-29
SE'/e - SE'/4 No. of Sly R of Railroad
Section 09-124-29
NE'/ - NE'/4 No. of Sly of Railroad
E'h So. Of CSAH 75 Sly RNV Less City
S'h - SW'/4 E of I-94 Ely R/W
Section 10-124-29
E'/2 - NE'/4 No. of Nly R/W of Railroad Less City
NE'/4 - NW'/4 Less City
W'/2 - NW'/4 Less City
SE '/4 - SW '/ Less City
S'h - SE'/ Less City
Section 11-124-29
W '/2 - NW '/4 Less City
E '/2 - SW '/4 Less City
Section 14-124-29
N 'h - NW '/4 Less City
Section 15-124-29
N '/2 - NE '/ Less City
NW'/4 - NW'/4 Less City
NE '/4 - NW '/4 Less City
Exhibit 2
6 -10 Year Urban Service Area
Section 02-124-29
W '/2 - SE '/
NE '/< - SW '/4
E '/2 - NW '/4 - SW '/4
Section 03-124-29
W'/2 - NE'/
NW '/4
NW '/4 - SW '/4
N E '/4 - SW '/4
NW'/ - SE'/
No. 10 A of SE'/< - SW '/4
No. 10 A of SW % - SE '/4
Section 04-124-29
NE'/4 - SE'/4
NW'/ - SE'/4 E of So. Fork Watab River
SW '/4 - SE '/4
SE'/4 - SE'/ So. of Sly R/W of Railroad
Section 09-124-29
E'/2 - NE'/ So. of Sly R/W of Railroad and No. of Nly RNV of CSAH 75 Less City
Section 11-124-29
W 'h - E 'h
Section 14-124-29
NW '/ - NE '/
W 792 Ft SW'/ - NE'/4 Less Triangle, Containing 20 A.
S '/~ - NW '/4
N '/2 - NW '/< - SW '/4
N%2-NE'/4-SW '/4
Section 15-124-29
NW % - NW '/ Less City
S'/2-NW%
N 'h - SW '/<
Section '/ - SW '/
Section 16-124-29
N '/z - NE '/4 Less City
S'h - NE'/ E of Ely RNV I-94
NW '/ E of Ely RNV I-94
SE'/4 of Ely R/W I-94
Exhibit 3
11 - 20 Year Urban Service Area
Section 01-124-29
Entire Section
Section 02-12429
NE'/<
NW '/
W'/2-NW'/4-SW'/
E'h - SE'/
Section 03-124-29
E'/z - NE'/a
NE'/a - SE'/a Less Sly 10 A
Section 11-124-29
E '/2 - E '/2
Section 12-124-29
Entire Section
Section 13-124-29
That part of Section 13 North of the Sauk River
Section 14-124-29
That part of Section 14 North of the Sauk River described as follows:
E '/z - N E '/a
E 792 Ft SW '/ - NE'/a Less Triangle, Containing 20 A
S E '/a
S '/z - SW '/a
S 'h - NW '/a - SW '/a
S '/s - N E '/a - SW '/a
Section 15-124-29
S '/z - N E '/a
SE '/a
SE '/a - SW '/a
Section 21-124-29
That part of Section 21, Northeast of Interstate Highway I-94
Section 22-124-29
That part of Section 22, Northeast of Interstate Highway I-94 and North of the Sauk
River
Section 23-124-29
That part of Section 23 North of the Sauk River
Exhibit 3 - Cont'd
11 - 20 Year Urban Service Area
Area added 2006
Section 04-124-29
NW '/a
NE'/a
SW '/a
NW'/a of the SE'/a lying West of the centerline of the Watab Creek
Section 05-124-29
That part lying easterly and northeasterly of the easterly and northeasterly right-of-way
line of
Interstate Highway Number 94
Section 08-124-29
That part lying easterly and northeasterly of the easterly and northeasterly right-of-way
line of
Interstate Highway Number 94
Section 09-124-29
NW '/4
N '/z
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF STEARNS
AND THE
TOWNSHIP OF 5T. JOSEPH - CITY OF ST. JOSEPH PLANNING BOARD
WifEREAS, Stearns County Land Use and Zoning Ordinance, Number 209 was effective April 21, 2000;
and
WHEREAS, Section 1.4B of Stearns County land Use and Zoning Ordinance Number 209 states that this
Ordinance shall apply to all areas in Stearns County, Minnesota, "except as othenivise provided in law";
and
WHEREAS, Minnesota Statutes, Section 414.0325, subd. S provides that a, joint resolution may provide
for the establishment of a board to exercise planning and land use control-authority within any area
designated as an orderly annexation area; and
WHEREAS, the City of St. Joseph and the Town of St. Joseph have signed such a pint resolution
designating the Town of St. Joseph as an orderly annexation area, and in addition,. have created the
Township of St. Joseph. --City of St. Joseph Planning Board, which has exclusive authority over land use
and zoning issues within the orderly annexation; and
WHEREAS, the County and the Township of St. Joseph-City of St. Joseph Planning Board desire to enter
into a Memorandum of Understanding in order to provide an opportunity to cooperate in administering
zoning within the County for the purpose of ensuring better consistency in land use regulations and in
the implementation of those regulations; and
WHEREAS, the County and the Township of St. Joseph-City of St. Joseph Planing Board desire to enter
into a Memorandum of Understanding to ensure mutual understanding of each party to this
Memorandum of their respective duties and responsibilities related to land use issues; and
WHEREAS, the permitting process may involve provisions enforced by the County, provisions enforced
by the Township and provisions enforced by the Township of St. Joseph/ City of St. Joseph Planning
Board; and
WHEREAS, this Memorandum of Understanding is intended to replace the previous Memorandum of
Understanding signed by the Township of St. Joseph -City of St.loseph Planning Board on 5/24/04 and
6/16/04 and the County Board on 8/3/04.
NOW THEREFORE BE IT IS AGREED, by the County of Stearns and the Township of St. Joseph -City of St.
Joseph Planning Board to cooperate in administering their land use control s as set out in Attachment 1
of this Memorandum of Understanding.
Adopted by the Stearns County Board of Commissioners this _ day of . 2008
BY:
Chair, Stearns County Board of Commissioners
111067 lAU FA(~ 63
AT'1'ACHMI~NT 1
A. ICJ Use evil Zohin~ t~ridiiursce Phrn~sions
1. In residential or agria,hura) zonod diatrida.
A. No residential accessory buildings or agricultural accessory buildings shall be
louuced on a parcel prior to the wndnuxion of a resiadetmal dwelling ~ the saroe
Pm'cd-
B, Residential accessory buildings and agricuhural accessory buildings shag mast
the road set-!»cks and in no case shell thty b~ locatod cl~et w the road. tlwo the
residcMial dwdfing.
2: Any tnarrufactured home to be used as a residential dwelling unit shall be np less thaa
20 fed in width and shall beer the Seal of Complisiace issued by the: Stile of
lulinnesc~h. Itaideartial dvvellitag uaita shall be no lea bran ZO feet in width.
3. Home extended bwinexses shall be allowed as ti conditior+al use in aU zoning districts
iv wbach they are allowed.
4. The teyq-sfer of resitlcntial de,-elopment rights withia tht Taernshitp is allowed in all
zoning districts with approval of the Saint Plaretting Board.
S. The tKa»sfar of residcatial development rights from anofha' Towim~hip into St. Joseph:
'fosvecsluQ is prohibited ie stl zoau»g dititricss.
6, The transfer of resi~dential development rights fror» St. Joseph Towoslrip into anothex
Towrtsbip is allowed is all zoning districts.
19R Asts~siece Pho+~idora
1. 'J`be Tovm shall conduct public hearipgs and act on wnditioual use perrmits far home
encterteied busiu~csses.
2. 'flee Tawo shall issue all permits, and cor~ducx site irtspet~ioras far each permit issued
for any sbivextu~e or use albwed in item B l above and provide the touaty with copies
of pa7orits and inspection reports for any ptxmit issued thesrei'ore one a mo~bay basis.
Hl;'1212GC_14 15:21 1116E~~ 1r;Ii PACE [~4
3. The Town shall conduct public hearings and act on. All variances fox structures for.
which the Town issues permits, unless otherwise noted in this memorandum of
unda~standing.
4. The Town shall. conduct publ'~c hearings and act on e11 variances for the putpos~ of
considering variance applications relating to setbacks from Township roads.
5. The Town shall not ad on any permit or verisnce within the Shordand Overlay
District unless the sewage system has hirer been certifiers.
6. The County shag conduct public hearings and act on all variances for the purposes of
considering variance applications relating to setbacks from County highways.
7. The Town shall conduct public l>,aoinga and act on all variances Gom the Town
ptnhibition relating to the transfer ofdevdopme:tt riglNs.
8: The Conroy shall administer and enforce all provisions of Steams County Ordimm~ce
Number 209; ar successor ordinances within the orderly anu~e~cation areas, of the
Town that are not specifically adminiaterod or enforced by the Town through this
memwrandum of w}dastandin8•
9. lu the orderly annexation areas, public heecings far subdivision approvals afld
rezoning approval s shall be acted upon by the County.
l0. Preliminary plat approval liom St. Joscplt Township and the City of St, Joseph, or
from the Township oi' St. Josh -City of St. Joseph Pbuuraug Board, shall be
required prior to the Conroy Plattittg Committee revierov of +- prdittsiaary plat-
1: A recommendation frotrt St. lotwph Township anal the City of St. Joseph, or from, the
'~'ovvnahip ot" St. lasepA -City of St: Joseph Planning Board, aball be required prior to
the County Planning Commission oonduct>ng a public hearing on a proposed
rezo~oing.
12. Tlx plat review coma»ittee requiretntr-ts co»uined io Sections 5.3.5 and 5,3.7 of
Stearns County Subdivision Ordinance Number x30; or successor gadinat~ca, shall be
sppliod to all plats proposod ir- the Xown of St. Joseph ot+duly annexation areas:
I3. The final plat requirements of Soetion 5.4 of Stearns County Subdivision Ordinance
Number ?30; or succ~asor ordinarrct, shall apply within the Town of St. Josepti,
I4: The County shell issue all permits atMd ad on all variances not specifically
ern,merated in sub-items 1 through 13 herein. Additionally, the County shalt
adrttinister and er-forrx all provisions of Stearns County Ordinance hiumber 209; or
successor ordinance: that-are riot specifi~t~tly adis-inistered or enforced by the Town
through this mernoranduri~ of underataridiog.
Hl,~l2/2C~f9y 15:21 111HG2 l~D F'A~ 05
G Respeerivt Danes and Responsibilities
l . The Tawn shall provide the County with written notice of any public hcaKing
regarding a conditional use permit, interim use permit or variance and a copy of the
conditional use permit, imerim vse permit or variance application at least 7 days prior
to the public hcarirag.
2. The County shall provide the Town with written notice of any public hearings
regarding a conditional uac permit, interim use permit, tenoning roquest or variance
and a copy of the conditional use permit, interim u:z permit, rezoning request or
variance application at lcaat 10 days prior to the public bearing.
3. The Town shalt provide the Camty with copies of variances, cpnditiona! use permits,
or interim use permits granted pursuant to S't. Joseph Towrtalsip land Use s»d Zottibg
Orditttuoe Number 2 and the related findings of fist at the tir~ne the applicable
document is reeor+dod with the County Recorder.
4. The County shall provide the Town with copies of all coturtruction site perQUits,
variances, conditional use permits or itrtetim use permits granted lxssuant to Stearns
Cowriy Land Uns and Zoning Ordinance Number 209; or arcoesor ordnance,
including related findings of fact; on a raoothly basis.
S. '['he Town shall provide the Coturty with copies of alt oorsatruexion site permits, along
with the inspection report, issued pursuant to St. Joseph Township I.ar~d Use and
Zoning Ordinance Number 2; or sucoeasot' ordimtnoe on a monthly basis.
b. The County shall provide the Town wish copses of all Provisions! Uzea registered by
the County an a monthly basis.
7. The Town anal! notify the County of all proposed ordinance changes prior to bolding
a public hearing.
8. The Cvutrty shall notify the Town of all proposed ordinance changes prior to holding
a public fearing.
9. ~' an ordinance change or rezoning ocaus, the County and Town shall review this
memorandum of underatartding for pvtetttial changes.
10. Tfus Memorandum of Undastanding tnay be laminated by mutwl ~ramem,
howevrr, if the parties are unable to mutually agree then any party can unilaterally
without cause terminate the Memorandum of Understand on ninety (90) days written
notice.
414.0325, 2008 Minnesota Statutes
2008 Minnesota Statutes
Page 1 of 4
414.0325 ORDERLY ANNEXATION IN DESIGNATED UNINCORPORATED
AREA.
Subdivision 1. Initiating the proceeding. (a) One or more townships and one or
more municipalities, by joint resolution, may designate an unincorporated area as in need
of orderly annexation. One or more municipalities, by joint resolution with the county,
may designate an unincorporated area in which there is no organized township
government as in need of orderly annexation.
(b) A designated area is any area which the signatories to a joint resolution for
orderly annexation have identified as being appropriate for annexation, either currently or
at some point in the future, pursuant to the negotiated terms and conditions set forth in the
joint resolution. Land described as a designated area is not, by virtue of being so
described, considered also to be annexed for purposes of this chapter.
(c) The joint resolution will confer jurisdiction on the chief administrative law judge
over annexations in the designated area and over the various provisions in said agreement
by submission of said joint resolution to the chief administrative law judge.
(d) The resolution shall include a description of the designated area and the reasons
for designation.
(e) Thereafter, an annexation of any part of the designated area may be initiated by:
(1) submitting to the chief administrative law judge a resolution of any signatory to
the joint resolution; or
(2) the chief administrative law judge.
(f) Whenever a state agency, other than the pollution control agency, orders a
municipality to extend a municipal service to an area, the order confers jurisdiction on the
chief administrative law judge to consider designation of the area for orderly annexation.
(g) If a joint resolution designates an area as in need of orderly annexation and states
that no alteration of its stated boundaries is appropriate, the chief administrative law
judge may review and comment, but may not alter the boundaries.
(h) If a joint resolution designates an area as in need of orderly annexation, provides
for the conditions for its annexation, and states that no consideration by the chief
administrative law judge is necessary, the chief administrative law judge may review and
comment, but shall, within 30 days, order the annexation in accordance with the terms of
the resolution.
Subd. 1 a. Electric utility service notice. At least 60 days before a petition is filed
under this section or section 414.033, the petitioner must notify the municipality that the
petitioner intends to file a petition for annexation. At least 30 days before a petition is
filed for annexation, the petitioner must be notified by the municipality that the cost of
electric utility service to the petitioner may change if the land is annexed to the
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municipality. The notice must include an estimate of the cost impact of any change
in electric utility services, including rate changes and assessments, resulting from the
annexation.
Subd. 1 b. Notice of intent to designate an area. At least ten days before the
municipality or township adopts an orderly annexation agreement, a notice of the intent to
include property in an orderly annexation area must be published in a newspaper of
general circulation in both the township and municipality. The notice must clearly
identify the boundaries of the area proposed to be included in the orderly annexation
agreement. The cost of providing notice must be equally divided between the
municipality and the township, unless otherwise agreed upon by the municipality and the
township. This subdivision applies only to the initial designation to include property in an
orderly annexation area subject to the orderly annexation agreement, or any expansion of
the orderly annexation area subject to the agreement, and not to any subsequent
annexation of any property from within the designated area. This subdivision also does
not apply when the orderly annexation agreement only designates for immediate
annexation property for which all of the property owners have petitioned to be annexed.
Subd. 2. Hearing time, place. Upon receipt of a resolution for annexation of a part
of the designated area, the chief administrative law judge shall set a time and place for a
hearing in accordance with section 414.09.
Subd. 3. Relevant factors, order. (a) In arriving at a decision, the chief
administrative law judge shall consider the factors in section 414.031, subdivision 4.
(b) Based upon factors in section 414.031, subdivision 4, the chief administrative
law judge may order the annexation:
(1) on finding that the subject area is now or is about to become urban or suburban
in character and that the annexing municipality is capable of providing the services
required by the area within a reasonable time; or
(2) on finding that the existing township form of government is not adequate to
protect the public health, safety, and welfare; or
(3) on finding that annexation would be in the best interests of the subject area.
(c) The chief administrative law judge may deny the annexation if it conflicts with
any provision of the joint agreement.
(d) The chief administrative law judge may alter the boundaries of the proposed
annexation by increasing or decreasing the area so as to include that property within the
designated area which is in need of municipal services or will be in need of municipal
services.
(e) If the annexation is denied, no proceeding for the annexation of substantially the
same area may be initiated within two years from the date of the denial order unless the
new proceeding is initiated by a majority of the area's property owners and the petition is
supported by affected parties to the resolution.
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414.0325, 2008 Minnesota Statutes Page 3 of 4
(f) In all cases, the chief administrative law judge shall set forth the factors which
are the basis for the decision.
Subd. 4. Effective date of annexation. The chief administrative law judge's order
shall be effective upon the issuance of the order or at such later time as is provided in the
order.
Subd. 4a. Copy to county auditors. A copy of the annexation order must be
delivered immediately by the chief administrative law judge to the appropriate county
auditors.
Subd. 4b. Timing for tax levy. For the purposes of taxation, if the annexation
becomes effective on or before August 1 of a levy year, the municipality may levy on the
annexed area beginning with that same levy year. If the annexation becomes effective
after August 1 of a levy year, the town may continue to levy on the annexed area for that
levy year, and the municipality may not levy on the annexed area until the following levy
year.
Subd. 5. Planning in orderly annexation area. (a) An orderly annexation
agreement may provide for the establishment of a board to exercise planning and land use
control authority within any area designated as an orderly annexation area pursuant to this
section, in the manner prescribed by section 471.59. The orderly annexation agreement
may also delegate planning and land use authority to the municipalities or towns or may
establish some other process within the orderly annexation agreement to accomplish
planning and land use control of the designated area.
(b) A board or other planning authority designated or established pursuant to an
orderly annexation agreement shall have all of the powers contained in sections 462.351
to 462.364, and shall have the authority to adopt and enforce the State Fire Coda
promulgated pursuant to section 326B.02, subdivision 5.
(c) The orderly annexation agreement may provide that joint planning and land use
controls shall apply to any or all parts of the area designated for orderly annexation as
well as to any adjacent unincorporated or incorporated area, provided that the area to be
included shall be described in the joint resolution.
t
(d) If the orderly annexation agreement does not provide for joint planning and land
use control, delegate planning and land use control to the municipalities or towns, or
establish some other process for planning and land use authority, the following
procedures shall govern:
(1) if the county and townships agree to exclude the area from their zoning and
subdivision ordinances, the municipality may extend its zoning and subdivision
regulations to include the entire orderly annexation area as provided in section 462.357,
subdivision 1, and section 462.358, subdivision 1; or
(2) if the county and township do not agree to such extraterritorial zoning and
subdivision regulation by the municipality, zoning and subdivision regulation within the
orderly annexation area shall be controlled by athree-member committee with one
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414.0325, 2008 Minnesota Statutes
}'age 4 of 4 l
member appointed from each of the municipal, town, and county governing bodies.
(e) The committee under paragraph (d), clause (2), shall:
(1) serve as the "governing body" and "board of appeals and adjustments," for
purposes of sections 462.357 and 462.358, within the orderly annexation area; and
(2) have all of the powers contained in sections 462.351 to 462.364, and the
authority to adopt and enforce the State Fire Code promulgated pursuant to section
326B.02, subdivision 5.
Subd. 6. Validity, effect of orderly annexation agreement. An orderly annexation
agreement is a binding contract upon all parties to the agreement and is enforceable in the
district court in the county in which the unincorporated property in question is located.
The provisions of an orderly annexation agreement are not preempted by any provision of
this chapter unless the agreement specifically provides so. If an orderly annexation
agreement provides the exclusive procedures by which the unincorporated property
identified in the agreement may be annexed to the municipality, the municipality shall not
annex that property by any other procedure.
History: l 978 c 705 s 14; 1 Sp1981 c 4 art i s 171,172; 1982 c 424 s 116; 1983 c
18 s 1; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 1 Sp 1989 c 1 art 2 s 11; 1991 c 291
art 12 s 23; 1992 c 556 s 4; 1994 c 51 l s 3; 1996 c 303 s 10-12; 1997 c 202 art 5 s 2;
2002 c 223 s 7; 2002 c 236 s 1; 2005 c 136 art 9 s 14; 2006 c 270 art 2 s 6, 7; 2007 c 90 s
1; 2007 c 140 art 3 s 6; art 13 s 4; 2008 c 196 url 1 s 10-12; art 2 s I S
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462.351, 2008 Minnesota Statutes
2008 Minnesota Statutes
Page 1 of 1
462.351 MUNICIPAL PLANNING AND DEVELOPMENT; POLICY
STATEMENT.
The legislature finds that municipalities are faced with mounting problems in
providing means of guiding future development of land so as to insure a safer, more
pleasant and more economical environment for residential, commercial, industrial and
public activities, to preserve agricultural and other open lands, and to promote the public
health, safety, and general welfare. Municipalities can prepare for anticipated changes
and by such preparations bring about significant savings in both private and public
expenditures. Municipal planning, by providing public guides to future municipal action,
enables other public and private agencies to plan their activities in harmony with the
municipality's plans. Municipal planning will assist in developing lands more wisely to
serve citizens more effectively, will make the provision of public services less costly, and
will achieve a more secure tax base. It is the purpose of sections 462.351 to 462.364 to
provide municipalities, in a single body of law, with the necessary powers and a uniform
procedure for adequately conducting and implementing municipal planning.
History: 1965 c 670 s 1; 1980 c 566 s 18
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462.357, 2(x08 Minnesota Statutes
2008 Minnesota Statutes
Page 1 of 7
462.357 OFFICIAL CONTROLS: ZONING ORDINANCE.
Subdivision 1. Authority for zoning. For the purpose of promoting the public
health, safety, morals, and general welfare, a municipality may by ordinance regulate on
the earth's surface, in the air space above the surface, and in subsurface areas, the
location, height, width, bulk, type of foundation, number of stories, size of buildings and
other structures, the percentage of lot which may be occupied, the size of yards and other
open spaces, the density and distribution of population, the uses of buildings and
structures for trade, industry, residence, recreation, public activities, or other purposes,
and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil
conservation, water supply conservation, conservation of shorelands, as defined in
sections 103F.201 to 103F.221, access to direct sunlight for solar energy systems as
defined in section 216C.06, flood control or other purposes, and may establish standards
and procedures regulating such uses. To accomplish these purposes, official controls may
include provision for purchase of development rights by the governing body in the form
of conservation easements under chapter 84C in areas where the governing body
considers preservation desirable and the transfer of development rights from those areas
to areas the governing body considers more appropriate for development. No regulation
may prohibit earth sheltered construction as defined in section 216C.06, subdivision 14,
relocated residential buildings, or manufactured homes built in conformance with
sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated
pursuant to this section. The regulations may divide the surface, above surface, and
subsurface areas of the municipality into districts or zones of suitable numbers, shape,
and area. The regulations shall be uniform for each class or kind of buildings, structures,
or land and for each class or kind of use throughout such district, but the regulations in
one district may differ from those in other districts. The ordinance embodying these
regulations shall be known as the zoning ordinance and shall consist of text and maps. A
city may by ordinance extend the application of its zoning regulations to unincorporated
territory located within two miles of its limits in any direction, but not in a county or town
which has adopted zoning regulations; provided that where two or more noncontiguous
municipalities have boundaries less than four miles apart, each is authorized to control the
zoning of land on its side of a line equidistant between the two noncontiguous
municipalities unless a town or county in the affected area has adopted zoning
regulations. Any city may thereafter enforce such regulations in the area to the same
extent as if such property were situated within its corporate limits, until the county or
town board adopts a comprehensive zoning regulation which includes the area.
Subd. 1 a. Certain zoning ordinances. A municipality must not enact, amend, or
enforce a zoning ordinance that has the effect of altering the existing density, lot-size
requirements, or manufactured home setback requirements in any manufactured home
park constructed before January 1, 1995, if the manufactured home park, when
constructed, complied with the then existing density, lot-size and setback requirements.
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Subd. 1 b. Conditional uses. A manufactured home park, as defined in section
327.14, subdivision 3, is a conditional use in a zoning district that allows the construction
or placement of a building used or intended to be used by two or more families.
Subd. lc. Amortization prohibited. Except as otherwise provided in this
subdivision, a municipality must not enact, amend, or enforce an ordinance providing for
the elimination or termination of a use by amortization which use was lawful at the time
of its inception. This subdivision does not apply to adults-only bookstores, adults-only
theaters, or similar adults-only businesses, as defined by ordinance.
Subd. 1 d. Nuisance. Subdivision 1 c does not prohibit a municipality from enforcing
an ordinance providing for the prevention or abatement of nuisances, as defined in section
561.01, or eliminating a use determined to be a public nuisance, as defined in section
617.81, subdivision 2, paragraph (a), clauses (1) to (9), without payment of
compensation.
Subd. 1 e. Nonconformities. (a) Any nonconformity, including the lawful use or
occupation of land or premises existing at the time of the adoption of an additional
control under this chapter, may be continued, including through repair, replacement,
restoration, maintenance, or improvement, but not including expansion, unless:
(1) the nonconformity or occupancy is discontinued for a period of more than one
year; or
(2) any nonconforming use is destroyed by fire or other peril to the extent of greater
than 50 percent of its market value, and no building permit has been applied for within
180 days of when the property is damaged. In this case, a municipality may impose
reasonable conditions upon a building permit in order to mitigate any newly created
impact on adjacent property.
(b) Any subsequent use or occupancy of the land or premises shall be a conforming
use or occupancy. A municipality may, by ordinance, permit an expansion or impose
upon nonconformities reasonable regulations to prevent and abate nuisances and to
protect the public health, welfare, or safety. This subdivision does not prohibit a
municipality from enforcing an ordinance that applies to adults-only bookstores, adults-
only theaters, or similar adults-only businesses, as defined by ordinance.
(c) Notwithstanding paragraph (a), a municipality shall regulate the repair,
replacement, maintenance, improvement, or expansion of nonconforming uses and
structures in floodplain areas to the extent necessary to maintain eligibility in the National
Flood Insurance Program and not increase flood damage potential or increase the degree
of obstruction to flood flows in the floodway.
Subd. 1 f. Substandard structures. Notwithstanding subdivision 1 e, Minnesota
Rules, parts 6105.0351 to 6105.0550, may allow for the continuation and improvement of
substandard structures, as defined in Minnesota Rules, part 6105.0354, subpart 30, in the
Lower Saint Croix National Scenic Riverway.
Subd. 1 g. Feedlot zoning controls. (a) A municipality proposing to adopt a new
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Page 3 of 7
feedlot zoning control or to amend an existing feedlot zoning control must notify the
Pollution Control Agency and commissioner of agriculture at the beginning of the
process, no later than the date notice is given of the first hearing proposing to adopt or
amend a zoning control purporting to address feedlots.
(b) Prior to final approval of a feedlot zoning control, the governing body of a
municipality may submit a copy of the proposed zoning control to the Pollution Control
Agency and to the commissioner of agriculture and request review, comment, and
recommendations on the environmental and agricultural effects from specific provisions
in the ordinance.
(c) The agencies' response to the municipality may include:
(1) any recommendations for improvements in the ordinance; and
(2) the legal, social, economic, or scientific justification for each recommendation
under clause (1).
(d) At the request of the municipality's governing body, the municipality must
prepare a report on the economic effects from specific provisions in the ordinance.
Economic analysis must state whether the ordinance will affect the local economy and
describe the kinds of businesses affected and the projected impact the proposal will have
on those businesses. To assist the municipality, the commissioner of agriculture, in
cooperation with the Department of Employment and Economic Development, must
develop a template for measuring local economic effects and make it available to the
municipality. The report must be submitted to the commissioners of employment and
economic development and agriculture along with the proposed ordinance.
(e) A local ordinance that contains a setback for new feedlots from existing
residences must also provide for a new residence setback from existing feedlots located in
areas zoned agricultural at the same distances and conditions specified in the setback for
new feedlots, unless the new residence is built to replace an existing residence. A
municipality may grant a variance from this requirement under section 462.358,
subdivision 6.
Subd. 1 h. Comprehensive plans in greater Minnesota; open spaces. When
adopting or updating a comprehensive plan in a municipality located within a county that
is not a greater than 80 percent area, as defined in section 103G.005, subdivision l Ob, and
that is located outside the metropolitan area, as defined by section 473.121, subdivision 2,
the municipality shall consider adopting goals and objectives for the preservation of
agricultural, forest, wildlife, and open space land and the minimization of development in
sensitive shoreland areas. Within three years of updating the comprehensive plan, the
municipality shall consider adopting ordinances as part of the municipality's official
controls that encourage the implementation of the goals and objectives.
Subd. 2. General requirements. (a) At any time after the adoption of a land use
plan for the municipality, the planning agency, for the purpose of carrying out the policies
and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to
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462.357, 2008 Minnesota Statutes Page 4 of 7
the governing body with its recommendations for adoption.
(b) Subject to the requirements of subdivisions 3, 4, and 5, the governing body may
adopt and amend a zoning ordinance by a majority vote of all its members. The adoption
or amendment of any portion of a zoning ordinance which changes all or part of the
existing classification of a zoning district from residential to either commercial or
industrial requires atwo-thirds majority vote of all members of the governing body.
(c) The land use plan must provide guidelines for the timing and sequence of the
adoption of official controls to ensure planned, orderly, and staged development and
redevelopment consistent with the land use plan.
Subd. 3. Public hearings. No zoning ordinance or amendment thereto shall be
adopted until a public hearing has been held thereon by the planning agency or by the
governing body. A notice of the time, place and purpose of the hearing shall be published
in the official newspaper of the municipality at least ten days prior to the day of the
hearing. When an amendment involves changes in district boundaries affecting an area of
five acres or less, a similar notice shall be mailed at least ten days before the day of the
hearing to each owner of affected property and property situated wholly or partly within
350 feet of the property to which the amendment relates. For the purpose of giving mailed
notice, the person responsible for mailing the notice may use any appropriate records to
determine the names and addresses of owners. A copy of the notice and a list of the
owners and addresses to which the notice was sent shall be attested to by the responsible
person and shall be made a part of the records of the proceedings. The failure to give
mailed notice to individual property owners, or defects in the notice shall not invalidate
the proceedings, provided a bona fide attempt to comply with this subdivision has been
made.
Subd. 4. Amendments. An amendment to a zoning ordinance may be initiated by
the governing body, the planning agency, or by petition of affected property owners as
defined in the zoning ordinance. An amendment not initiated by the planning agency shall
be referred to the planning agency, if there is one, for study and report and may not be
acted upon by the governing body until it has received the recommendation of the
planning agency on the proposed amendment or unti160 days have elapsed from the date
of reference of the amendment without a report by the planning agency.
Subd. 5. Amendment; certain cities of the first class. The provisions of this
subdivision apply to the adoption or amendment of any portion of a zoning ordinance
which changes all or part of the existing classification of a zoning district from residential
to either commercial or industrial of a property located in a city of the first class, except a
city of the first class in which a different process is provided through the operation of the
city's home rule charter. In a city to which this subdivision applies, amendments to a
zoning ordinance shall be made in conformance with this section but only after there shall
have been filed in the office of the city clerk a written consent of the owners oftwo-thirds
of the several descriptions of real estate situate within 100 feet of the total contiguous
descriptions of real estate held by the same owner or any party purchasing any such
contiguous property within one year preceding the request, and after the affirmative vote
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in favor thereof by a majority of the members of the governing body of any such
city. The governing body of such city may, by atwo-thirds vote of its members, after
hearing, adopt a new zoning ordinance without such written consent whenever the
planning commission or planning board of such city shall have made a survey of the
whole area of the city or of an area of not less than 40 acres, within which the new
ordinance or the amendments or alterations of the existing ordinance would take effect
when adopted, and shall have considered whether the number of descriptions of real
estate affected by such changes and alterations renders the obtaining of such written
consent impractical, and such planning commission or planning board shall report in
writing as to whether in its opinion the proposals of the governing body in any case are
reasonably related to the overall needs of the community, to existing land use, or to a plan
for future land use, and shall have conducted a public hearing on such proposed
ordinance, changes or alterations, of which hearing published notice shall have been
given in a daily newspaper of general circulation at least once each week for three
successive weeks prior to such hearing, which notice shall state the time, place and
purpose of such hearing, and shall have reported to the governing body of the city its
findings and recommendations in writing.
Subd. 6. Appeals and adjustments. Appeals to the board of appeals and
adjustments may be taken by any affected person upon compliance with any reasonable
conditions imposed by the zoning ordinance. The board of appeals and adjustments has
the following powers with respect to the zoning ordinance:
(1) To hear and decide appeals where it is alleged that there is an error in any order,
requirement, decision, or determination made by an administrative officer in the
enforcement of the zoning ordinance.
(2) To hear requests for variances from the literal provisions of the ordinance in
instances where their strict enforcement would cause undue hardship because of
circumstances unique to the individual property under consideration, and to grant such
variances only when it is demonstrated that such actions will be in keeping with the spirit
and intent of the ordinance. "Undue hardship" as used in connection with the granting of
a variance means the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls, the plight of the landowner is due to
circumstances unique to the property not created by the landowner, and the variance, if
granted, will not alter the essential character of the locality. Economic considerations
alone shall not constitute an undue hardship if reasonable use for the property exists
under the terms of the ordinance. Undue hardship also includes, but is not limited to,
inadequate access to direct sunlight for solar energy systems. Variances shall be granted
for earth sheltered construction as defined in section 216C.06, subdivision 14, when in
harmony with the ordinance. The board of appeals and adjustments or the governing body
as the case may be, may not permit as a variance any use that is not permitted under the
ordinance for property in the zone where the affected person's land is located. The board
or governing body as the case may be, may permit as a variance the temporary use of a
one family dwelling as a two family dwelling. The board or governing body as the case
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may be may impose conditions in the granting of variances to insure compliance and
to protect adjacent properties.
Subd. 6a. Normal residential surroundings for persons with disabilities. It is the
policy of this state that persons with disabilities should not be excluded by municipal
zoning ordinances or other land use regulations from the benefits of normal residential
surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given
in section 245A.02, subdivision 11.
Subd. 7. Permitted single family use. A state licensed residential facility or a
housing with services establishment registered under chapter 144D serving six or fewer
persons, a licensed day care facility serving 12 or fewer persons, and a group family day
care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or
fewer children shall be considered a permitted single family residential use of property
for the purposes of zoning, except that a residential facility whose primary purpose is to
treat juveniles who have violated criminal statutes relating to sex offenses or have been
adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to
sex offenses shall not be considered a permitted use.
Subd. 8. Permitted multifamily use. Except as otherwise provided in subdivision 7
or in any town, municipal or county zoning regulation as authorized by this subdivision, a
state licensed residential facility serving from 7 through 16 persons or a licensed day care
facility serving from 13 through 16 persons shall be considered a permitted multifamily
residential use of property for purposes of zoning. A township, municipal or county
zoning authority may require a conditional use or special use permit in order to assure
proper maintenance and operation of a facility, provided that no conditions shall be
imposed on the facility which are more restrictive than those imposed on other
conditional uses or special uses of residential property in the same zones, unless the
additional conditions are necessary to protect the health and safety of the residents of the
residential facility. Nothing herein shall be construed to exclude or prohibit residential or
day care facilities from single family zones if otherwise permitted by a local zoning
regulation.
Subd. 9. Development goals and objectives. In adopting official controls after
July 1, 2008, in a municipality outside the metropolitan area, as defined by section
473.121, subdivision 2, the municipality shall consider restricting new residential,
commercial, and industrial development so that the new development takes place in areas
subject to the following goals and objectives:
(1) minimizing the fragmentation and development of agricultural, forest, wildlife,
and open space lands, including consideration of appropriate minimum lot sizes;
(2) minimizing further development in sensitive shoreland areas;
(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;
(4) identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services,
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and to the extent feasible, encouraging full development of areas previously zoned
for nonagricultural uses;
(5) encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;
(6) identification of areas where other developments are appropriate; and
(7) other goals and objectives a municipality may identify.
History: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 1973
c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 2; 1978 c 786 s 14,15; Ex1979 c 2 s 42,43; 1981
c 356 s 248; 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 c
194 s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47; 1990 c 568
art 2 s 66,67; 1994 c 473 s 3; 1995 c 224 s 95; 1997 c 113 s 20; 1997 c 200 art 4 s 5;
1997 c 202 art 4 s 11; 1997 c 216 s 138; 1999 c 96 s 3,4; 1999 c 211 s 1; 2001 c 174 s l;
2001 c 207 s 13,14; 2002 c 366 s 6; 2004 c 258 s 2; 2005 c 56 s 1; 1Sp2005 c 1 art l s
92; art 2 s 146; 2007 c 140 art 12 s 14; 2008 c 297 art 1 s 60, 61
r
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2008 Minnesota Statutes
462.358 OFFICIAL CONTROLS: SUBDIVISION REGULATION; DEDICATION.
Subdivision l.[Repealed, 1980 c 56b s 35]
Subd. 1 a. Authority. To protect and promote the public health, safety, and general
welfare, to provide for the orderly, economic, and safe development of land, to preserve
agricultural lands, to promote the availability of housing affordable to persons and families
of all income levels, and to facilitate adequate provision for transportation, water, sewage,
storm drainage, schools, parks, playgrounds, and other public services and facilities, a
municipality may by ordinance adopt subdivision regulations establishing standards,
requirements, and procedures for the review and approval or disapproval of subdivisions.
The regulations may contain varied provisions respecting, and be made applicable only to,
certain classes or kinds of subdivisions. The regulations shall be uniform for each class or
kind of subdivision.
A municipality may by resolution extend the application of its subdivision regulations
to unincorporated territory located within two miles of its limits in any direction but not in
a town which has adopted subdivision regulations; provided that where two or more
noncontiguous municipalities have boundaries less than four miles apart, each is
authorized to control the subdivision of land equal distance from its boundaries within this
area.
Subd. 2.[Repealed, 1980 c 566 s 35]
Subd. 2a. Terms of regulations. The standards and requirements in the regulations
may address without limitation: the size, location, grading, and improvement of lots,
structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply,
storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and
design of sites; access to solar energy; and the protection and conservation of flood plains,
shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic
features. The regulations shall require that subdivisions be consistent with the
municipality's official map if one exists and its zoning ordinance, and may require
consistency with other official controls and the comprehensive plan. The regulations may
prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent
with the comprehensive plan and the purposes of this section, particularly the preservation
of agricultural lands. The regulations may prohibit, restrict or control development for the
purpose of protecting and assuring access to direct sunlight for solar energy systems. The
regulations may prohibit the issuance of permits or approvals for any tracts, lots, or parcels
for which required subdivision approval has not been obtained.
The regulations may permit the municipality to condition its approval on the
construction and installation of sewers, streets, electric, gas, drainage, and water facilities,
and similar utilities and improvements or, in lieu thereof, on the receipt by the
municipality of a cash deposit, certified check, irrevocable letter of credit, bond, or other
financial security in an amount and with surety and conditions sufficient to assure the
municipality that the utilities and improvements will be constructed or installed according
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to the specifications of the municipality. Sections 471.345 and 574.26 do not apply to
improvements made by a subdivider or a subdivider's contractor.
A municipality may require that an applicant establish an escrow account or other
financial security for the purpose of reimbursing the municipality for direct costs relating
to professional services provided during the review, approval and inspection of the project.
A municipality may only charge the applicant a rate equal to the value of the service to the
municipality. Services provided by municipal staff or contract professionals must be billed
at an established rate.
When the applicant vouches, by certified letter to the municipality, that the conditions
required by the municipality for approval under this subdivision have been satisfied, the
municipality has 30 days to release and return to the applicant any and all financial
securities tied to the requirements. If the municipality fails to release and return the letters
of credit within the 30-day period, any interest accrued will be paid to the applicant. If the
municipality determines that the conditions required for approval under this subdivision
have not been satisfied, the municipality must send written notice within seven business
days upon receipt of the certified letter indicating to the applicant which specific
conditions have not been met. The municipality shall require a maintenance or
performance bond from any subcontractor that has not yet completed all remaining
requirements of the municipality.
The regulations may permit the municipality to condition its approval on compliance
with other requirements reasonably related to the provisions of the regulations and to
execute development contracts embodying the terms and conditions of approval. The
municipality may enforce such agreements and conditions by appropriate legal and
equitable remedies.
Subd. 2b. Dedication. (a) The regulations may require that a reasonable portion of
the buildable land, as defined by municipal ordinance, of any proposed subdivision be
dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas,
and water facilities, storm water drainage and holding areas or ponds and similar utilities
and improvements, parks, recreational facilities as defined in section 471.191,
playgrounds, trails, wetlands, or open space. The requirement must be imposed by
ordinance or under the procedures established in section 462.353, subdivision 4a.
(b) If a municipality adopts the ordinance or proceeds under section 462.353,
subdivision 4a, as required by paragraph (a), the municipality must adopt a capital
improvement budget and have a parks and open space plan or have a parks, trails, and
open space component in its comprehensive plan subject to the terms and conditions in this
paragraph and paragraphs (c) to (i).
(c) The municipality may choose to accept a cash fee as set by ordinance from the
applicant for some or all of the new lots created in the subdivision, based on the average
fair market value of the unplatted land for which park fees have not already been paid that
is, no later than at the time of final approval or under the city's adopted comprehensive
plan, to be served by municipal sanitary sewer and water service or community septic and
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private well as authorized by state law. For purposes of redevelopment on developed
land, the municipality may choose to accept a cash fee based on fair market value of the
land no later than the time of final approval.
(d) In establishing the portion to be dedicated or preserved or the cash fee, the
regulations shall give due consideration to the open space, recreational, or common areas
and facilities open to the public that the applicant proposes to reserve for the subdivision.
(e) The municipality must reasonably determine that it will need to acquire that
portion of ]and for the purposes stated in this subdivision as a result of approval of the
subdivision.
(f) Cash payments received must be placed by the municipality in a special fund to be
used only for the purposes for which the money was obtained.
(g) Cash payments received must be used only for the acquisition and development or
improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space
based on the approved park systems plan. Cash payments must not be used for ongoing
operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or
open space.
(h) The municipality must not deny the approval of a subdivision based solely on an
inadequate supply of parks, open spaces, trails, or recreational facilities within the
municipality.
(i) Previously subdivided property from which a park dedication has been received,
being resubdivided with the same number of lots, is exempt from park dedication
requirements. If, as a result of resubdividing the property, the number of lots is increased,
then the park dedication or per-lot cash fee must apply only to the net increase of lots.
Subd. 2c. Nexus. (a) There must be an essential nexus between the fees or dedication
imposed under subdivision 2b and the municipal purpose sought to be achieved by the fee
or dedication. The fee or dedication must bear a rough proportionality to the need created
by the proposed subdivision or development.
(b) If a municipality is given written notice of a dispute over a proposed fee in lieu of
dedication before the municipality's final decision on an application, a municipality must
not condition the approval of any proposed subdivision or development on an agreement to
waive the right to challenge the validity of a fee in lieu of dedication.
(c) An application may proceed as if the fee had been paid, pending a decision on the
appeal of a dispute over a proposed fee in lieu of dedication, if (1) the person aggrieved by
the fee puts the municipality on written notice of a dispute over a proposed fee in lieu of
dedication, (2) prior to the municipality's final decision on the application, the fee in lieu
of dedication is deposited in escrow, and (3) the person aggrieved by the fee appeals under
section 462.361, within 60 days of the approval of the application. If such an appeal is not
filed by the deadline, or if the person aggrieved by the fee does not prevail on the appeal,
then the funds paid into escrow must be transferred to the municipality.
Subd. 3.[Repealed, 1980 c 566 s 35]
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Subd. 3a. Platting. The regulations may require that any subdivision creating
parcels, tracts, or lots, shall be platted. The regulations shall require that all subdivisions
which create five or more lots or parcels which are 2-1/2 acres or less in size shall be
platted. The regulations shall not conflict with the provisions of chapter 505 but may
address subjects similar and additional to those in that chapter.
Subd. 3b. Review procedures. The regulations shall include provisions regarding
the content of applications for proposed subdivisions, the preliminary and final review and
approval or disapproval of applications, and the coordination of such reviews with affected
political subdivisions and state agencies. Subdivisions including lands abutting upon any
existing or proposed trunk highway, county road or highway, or county state-aid highway
shall also be subject to review. The regulations may provide for the consolidation of the
preliminary and final review and approval or disapproval of subdivisions. Preliminary or
final approval may be granted or denied for parts of subdivision applications. The
regulations may delegate the authority to review proposals to the planning commission,
but final approval or disapproval shall be the decision of the governing body of the
municipality unless otherwise provided by law or charter. A municipality must approve a
preliminary plat that meets the applicable standards and criteria contained in the
municipality's zoning and subdivision regulations unless the municipality adopts written
findings based on a record from the public proceedings why the application shall not be
approved. The regulations shall require that a public hearing shall be held on all
subdivision applications prior to preliminary approval, unless otherwise provided by law
or charter. The hearing shall be held following publication of notice of the time and place
thereof in the official newspaper at least ten days before the day of the hearing. At the
hearing, all persons interested shall be given an opportunity to make presentations. A
subdivision application shall be preliminarily approved or disapproved within 120 days
following delivery of an application completed in compliance with the municipal
ordinance by the applicant to the municipality, unless an extension of the review period
has been agreed to by the applicant. When a division or subdivision to which the
regulations of the municipality do not apply is presented to the city, the clerk of the
municipality shall within ten days certify that the subdivision regulations of the
municipality do not apply to the particular division.
If the municipality or the responsible agency of the municipality fails to preliminarily
approve or disapprove an application within the review period, the application shall be
deemed preliminarily approved, and upon demand the municipality shall execute a
certificate to that effect. Following preliminary approval the applicant may request final
approval by the municipality, and upon such request the municipality shall certify final
approval within 60 days if the applicant has complied with all conditions and requirements
of applicable regulations and all conditions and requirements upon which the preliminary
approval is expressly conditioned either through performance or the execution of
appropriate agreements assuring performance. If the municipality fails to certify final
approval as so required, and if the applicant has complied with all conditions and
requirements, the application shall be deemed finally approved, and upon demand the
municipality shall execute a certificate to that effect. After final approval a subdivision
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may be filed or recorded.
Page 5 of 8
Subd. 3c. Effect of subdivision approval. For one year following preliminary
approval and. for two years following final approval, unless the subdivider and the
municipality agree otherwise, no amendment to a comprehensive plan or official control
shall apply to or affect the use, development density, lot size, lot layout, or dediFation or
platting required or permitted by the approved application. Thereafter, pursuant to its
regulations, the municipality may extend the period by agreement with the subdivider and
subject to all applicable performance conditions and requirements, or it may require
submission of a new application unless substantial physical activity and investment has
occurred in reasonable reliance on the approved application and the subdivider will suffer
substantial financial damage as a consequence of a requirement to submit a new
application. In connection with a subdivision involving planned and staged development, a
municipality may by resolution or agreement grant the rights referred to herein for such
periods of time longer than two years which it determines to be reasonable and
appropriate.
Subd. 4.[Repealed, 1982 c 415 s 3]
Subd. 4a. Disclosure by seller; buyer's action for damages. A person conveying a
new parcel of land which, or the plat for which, has not previously been filed or recorded,
and which is part of or would constitute a subdivision to which adopted municipal
subdivision regulations apply, shall attach to the instrument of conveyance either: (a)
recordable certification by the clerk of the municipality that the subdivision regulations do
not apply, or that the subdivision has been approved by the governing body, or that the
restrictions on the division of taxes and filing and recording have been waived by
resolution of the governing body of the municipality in this case because compliance will
create an unnecessary hardship and failure to comply will not interfere with the purpose of
the regulations; or (b) a statement which names and identifies the location of the
appropriate municipal offices and advises the grantee that municipal subdivision and
zoning regulations may restrict the use or restrict or prohibit the development of the parcel,
or construction on it, and that the division of taxes and the filing or recording of the
conveyance may be prohibited without prior recordable certification of approval,
nonapplicability, or waiver from the municipality. In any action commenced by a buyer of
such a parcel against the seller thereof, the misrepresentation of or the failure to disclose
material facts in accordance with this subdivision shall be grounds for damages. if the
buyer establishes a right to damages, a district court hearing the matter may in its
discretion also award to the buyer an amount sufficient to pay all or any part of the costs
incurred in maintaining the action, including reasonable attorney fees, and an amount for
punitive damages not exceeding five per centum of the purchase price of the land.
Subd. 4b. Restrictions on filing and recording conveyances. (a) In a municipality
in which subdivision regulations are in force and have been filed or recorded as provided
in this section, no conveyance of land to which the regulations are applicable shall be filed
or recorded, if the land is described in the conveyance by metes and bounds or by
reference to an unapproved registered land survey made after Apri121, 1961 or to an
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unapproved plat made after such regulations become effective.
(b) The foregoing provision does not apply to a conveyance if the land described:
(1) was a separate parcel of record April 1, 1945 or the date of adoption of
subdivision regulations under Laws 1945, Chapter 287, whichever is the later, or of the
adoption of subdivision regulations pursuant to a home rule charter, or
(2) was the subject of a written agreement to convey entered into prior to such time,
or
(3) was a separate parcel of not less than 2-1 /2 acres in area and 150 feet in width on
January 1, ]966, or
(4) was a separate parcel of not less than five acres in area and 300 feet in width on
July 1, 1980, or
(5) is a single parcel of commercial or industrial land of not less than five acres and
having a width of not less than 300 feet and its conveyance does not result in the division
of the parcel into two or more lots or parcels, any one of which is less than five acres in
area or 300 feet in width, or
(6) is a single parcel of residential or agricultural land of not less than 20 acres and
having a width of not less than 500 feet and its conveyance does not result in the division
of the parcel into two or more lots or parcels, any one of which is Iess than 20 acres in area
or 500 feet in width.
(c) In any case in which compliance with the foregoing restrictions will create an
unnecessary hardship and failure to comply does not interfere with the purpose of the
subdivision regulations, the platting authority may waive such compliance by adoption of
a resolution to that effect and the conveyance may then be filed or recorded.
(d) Any owner or agent of the owner of land who conveys a lot or parcel in violation
of the provisions of this subdivision shall forfeit and pay to the municipality a penalty of
not less than $100 for each lot or parcel so conveyed.
(e) A municipality may enjoin such conveyance or may recover such penalty by a
civil action in any court of competent jurisdiction.
Subd. 5. Permits. Except as otherwise provided by this section all electric and gas
distribution lines or piping, roadways, curbs, walks and other similar improvements shall
be constructed only on a street, alley, or other public way or easement which is designated
on an approved plat, or properly indicated on the official map of the municipality, or
which has otherwise been approved by the governing body. When a municipality has
adopted an official map, no permit for the erection of any building shall be issued unless
the building is to be located upon a parcel of land abutting on a street or highway which
has been designated upon an approved plat or on the official map or which has been
otherwise approved by the governing body, and unless the buildings conform to the
established building line. This limitation on issuing permits shall not apply to planned
developments approved by the governing body pursuant to its zoning ordinance. No permit
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shall be issued for the construction of a building on any lot or parcel conveyed in
violation of the provisions of this section.
Subd. 6. Variances. Subdivision regulations may provide for a procedure for varying
the regulations as they apply to specific properties where an unusual hardship on the land
exists, but variances may be granted only upon the specific grounds set forth in the
regulations. Unusual hardship includes, but is not limited to, inadequate access to direct
sunlight for solar energy systems.
Subd. 7. Vacation. The governing body of a municipality may vacate any publicly
owned utility easement or boulevard reserve or any portion thereof, which are not being
used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for
boulevard reserve purposes, in the same manner as vacation proceedings are conducted for
streets, alleys and other public ways under a home rule charter or other provisions of law.
A boulevard reserve means an easement established adjacent to a dedicated street for
the purpose of establishing open space adjacent to the street and which area is designated
on the recorded plat as "boulevard reserve".
Subd. 8. Plat approval under other laws. Nothing in this section is to be construed
as a limitation on the authority of municipalities which have not adopted subdivision
regulations to approve plats under any other provision of law.
Subd. 9. Unplatted parcels. Subdivision regulations adopted by municipalities may
apply to parcels which are taken from existing parcels of record by metes and bounds
descriptions, and the governing body or building authority may deny the issuance of
permits or approvals, building permits issued under sections 326B.101 to 326B.194, or
other permits or approvals to any parcels so divided, pending compliance with subdivision
regulations.
Subd. 10. Limitations. Nothing in this section shall be construed to require a
municipality to regulate subdivisions or to regulate all subdivisions which it is authorized
to regulate by this section.
Subd. 11. Affordable housing. For the purposes of this subdivision, a "development
application" means subdivision, planned unit development, site plan, or other similar type
action. If a municipality, in approving a development application that provides all or a
portion of the units for persons and families of low and moderate income, so proposes, the
applicant may request that provisions authorized by clauses (1) to (4) will apply to housing
for persons of low and moderate income, subject to agreement between the municipality
and the applicant:
(1) establishing sales prices or rents for housing affordable to low- and moderate-
income households;
(2) establishing maximum income limits for initial and subsequent purchasers or
renters of the affordable units;
(3) establishing means, including, but not limited to, equity sharing, or similar
activities, to maintain the long-term affordability of the affordable units; and
(4) establishing a land trust agreement to maintain the long-term affordability of the
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affordable units.
Clauses (1) to (3) shall not apply for more than 20 years from the date of initial occupancy
except where public financing or subsidy requires longer terms.
History: 1965 c 670 s 8; 1971 c 842 s 1; 1973 c 67 s 1; 1973 c 176 s 1; 1975 c 98 s
1; l 976 c 181 s 2; 1978 c 786 s 16,17; 1980 c 560 s 6; l 980 c 566 s 25-33; 1981 c 85 s 7;
1982 c 415 s 2; 1982 c 507 s 23; 1985 c 194 s 24; 1986 c 444; 1989 c 196 s 1; 1989 c 200
s 1; l 989 c 209 art 2 s 1; 1.995 c 254 art 1 s 90; art 3 s 6, 7; 2000 c 497 s 1; 2001 c 7 s 74;
2002 c 315 s 1; 2004 c 178 s 2, 3; 2006 c 209 s 1; 2006 c 269 s 1; 2006 c 270 art 1 s 6;
2007 c 116 s 1; 2007 c 140 art 4 s 61; art 13 s 4
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2008 Minnesota Statutes
462.364 INCONSISTENT LAWS.
Inconsistent special laws and general laws of special application are superseded by
sections 462.351 to 462.364 to the extent of inconsistency. Nothing in sections 462.351 to
462.364 is to be construed to affect, alter or modify the provisions of Special Laws of
1887, chapter 108, or Laws 1933, chapter 93.
History: 1965 c 670 s 14; 1976 c 46 s 1; 1977 c 347 s 58
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2008 Minnesota Statutes
Page 1 of 5
471.59 JOINT EXERCISE OF POWERS.
Subdivision 1. Agreement. Two or more governmental units, by agreement entered
into through action of their governing bodies, may jointly or cooperatively exercise any
power common to the contracting parties or any similar powers, including those which
are the same except for the territorial limits within which they may be exercised. The
agreement may provide for the exercise of such powers by one or more of the
participating governmental units on behalf of the other participating units. The term
"governmental unit" as used in this section includes every city, county, town, school
district, independent nonprofit firefighting corporation, other political subdivision of this
or another state, another state, the University of Minnesota, nonprofit hospitals licensed
under sections 144.50 to 144.56, rehabilitation facilities and extended employment
providers that are certified by the commissioner of employment and economic
development, day training and habilitation services licensed under sections 245B.01 to
245B.08, and any agency of the state of Minnesota or the United States, and includes any
instrumentality of a governmental unit. For the purpose of this section, an instrumentality
of a governmental unit means an instrumentality having independent policy-making and
appropriating authority.
Subd. 1 a. Liability. (a) A governmental unit participating in a joint venture or joint
enterprise, including participation in a cooperative activity undertaken pursuant to this
section or other law, is not liable for the acts or omissions of another governmental unit
participating in the joint venture or joint enterprise, unless the participating governmental
unit has agreed in writing to be responsible for the acts or omissions of another
participating governmental unit.
(b) For purposes of determining total liability for damages, the participating
governmental units and the joint board, if one is established, are considered a single
governmental unit and the total liability for the participating governmental units and the
joint board, if established, shall not exceed the limits on governmental liability for a
single governmental unit as specified in section 3.736 or 466.04, subdivision 1, or as
waived or extended by the joint board or all participating governmental units under
section 3.736, subdivision 8; 466.06; or 471.981. This paragraph does not protect a
governmental unit from liability for its own independent acts or omissions not directly
related to the joint activity.
(c) If a participating governmental unit has procured or extended insurance coverage
pursuant to section 3.736, subdivision 8; 466.06; or 471.981 in excess of the limits on
governmental liability under section 3.736 or 466.04, subdivision 1, covering
participation in the joint venture or joint enterprise, the procurement of that insurance
constitutes a waiver of the limits of governmental liability for that governmental unit to
the extent that valid and collectable insurance or self-insurance, including where
applicable, proceeds from the Minnesota Guarantee Fund, exceeds those limits and
covers that governmental unit's liability for the claim, if any.
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Subd. 2. Agreement to state purpose. Such agreement shall state the purpose of
the agreement or the power to be exercised and it shall provide for the method by which
the purpose sought shall be accomplished or the manner in which the power shall be
exercised. When the agreement provides for use of a joint board, the board shall be
representative of the parties to the agreement. A joint board that is formed for educational
purposes may conduct public meetings via interactive television if the board complies
with chapter 13D in each location where board members are present. Irrespective of the
number, composition, terms, or qualifications of its members, such board is deemed to
comply with statutory or charter provisions for a board for the exercise by any one of the
parties of the power which is the subject of the agreement.
Subd. 3. Disbursement of funds. The parties to such agreement may provide for
disbursements from public funds to carry out the purposes of the agreement. Funds may
be paid to and disbursed by such agency as may be agreed upon, but the method of
disbursement shall agree as far as practicable with the method provided by law for the
disbursement of funds by the parties to the agreement. Contracts let and purchases made
under the agreement shall conform to the requirements applicable to contracts and
purchases of any one of the parties, as specified in the agreement. Strict accountability of
all funds and report of all receipts and disbursements shall be provided for.
Subd. 4. Termination of agreement. Such agreement may be continued for a
definite term or until rescinded or terminated in accordance with its terms.
Subd. 5. Shall provide for distribution of property. Such agreement shall provide
for the disposition of any property acquired as the result of such joint or cooperative
exercise of powers, and the return of any surplus moneys in proportion to contributions of
the several contracting parties after the purpose of the agreement has been completed.
Subd. 6. Residence requirement. Residence requirements for holding office in any
governmental unit shall not apply to any officer appointed to carry out any such
agreement.
Subd. 7. Not to affect other acts. This section does not dispense with procedural
requirements of any other act providing for the joint or cooperative exercise of any
governmental power.
Subd. 8. Services performed by county, commonality of
powers. Notwithstanding the provisions of subdivision 1 requiring commonality of
powers between parties to any agreement the board of county commissioners of any
county may by resolution enter into agreements with any other governmental unit as
defined in subdivision 1 to perform on behalf of that unit any service or function which
that unit would be authorized to provide for itself.
Subd. 9. Exercise of power. For the purposes of the development, coordination,
presentation and evaluation of training programs for local government officials, '
governmental units may exercise their powers under this section in conjunction with
organizations representing governmental units and local government officials.
Subd. 10. Services performed by governmental units; commonality of
powers. Notwithstanding the provisions of subdivision 1 requiring commonality of
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powers between parties to any agreement, the governing body of any governmental
unit as defined in subdivision 1 may enter into agreements with any other governmental
unit to perform on behalf of that unit any service or function which the governmental unit
providing the service or function is authorized to provide for itself.
Subd. 11. Joint powers board. (a) Two or more governmental units, through action
of their governing bodies, by adoption of a joint powers agreement that complies with the
provisions of subdivisions 1 to 5, may establish a joint board to issue bonds or obligations
under any law by which any of the governmental units establishing the joint board may
independently issue bonds or obligations and may use the proceeds of the bonds or
obligations to carry out the purposes of the law under which the bonds or obligations are
issued. A joint board established under this section may issue obligations and other forms
of indebtedness only in accordance with express authority granted by the action of the
governing bodies of the governmental units that established the joint board. Except as
provided in paragraphs (b) and (c), the joint board established under this subdivision must
be composed solely of members of the governing bodies of the governmental unit that
established the joint board. A joint board established under this subdivision may not
pledge the full faith and credit or taxing power of any of the governmental units that
established the joint board. The obligations or other forms of indebtedness must be
obligations of the joint board issued on behalf of the governmental units creating the joint
board. The obligations or other forms of indebtedness must be issued in the same manner
and subject to the same conditions and limitations that would apply if the obligations
were issued or indebtedness incurred by one of the governmental units that established
the joint board, provided that any reference to a governmental unit in the statute, law, or
charter provision authorizing the issuance of the bonds or the incurring of the
indebtedness is considered a reference to the joint board.
(b) Notwithstanding paragraph (a), one school district, one county, and one public
health entity, through action of their governing bodies, may establish a joint board to
establish and govern a family services collaborative under section 124D.23. The school
district, county, and public health entity may include other governmental entities at their
discretion. The membership of a board established under this paragraph, in addition to
members of the governing bodies of the participating governmental units, must include
the representation required by section 124D.23, subdivision 1, paragraph (a), selected in
accordance with section 124D.23, subdivision 1, paragraph (c).
(c) Notwithstanding paragraph (a), counties, school districts, and mental health
entities, through action of their governing bodies, may establish a joint board to establish
and govern a children's mental health collaborative under sections 245.491 to 245.495, or
a collaborative established by the merger of a children's mental health collaborative and a
family services collaborative under section 124D.23. The county, school district, and
mental health entities may include other entities at their discretion. The membership of a
board established under this paragraph, in addition to members of the governing bodies of
the participating governmental units, must include the representation provided by section
245.493, subdivision 1.
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Subd. 12. Joint exercise of police power. In the event that an agreement authorizes
the exercise of peace officer or police powers by an officer appointed by one of the
governmental units within the jurisdiction of the other governmental unit; an officer
acting pursuant to that agreement has the full and complete authority of a peace officer as
though appointed by both governmental units and licensed by the state of Minnesota,
provided that:
(1) the peace officer has successfully completed professionally recognized peace
officer preemployment education which the Minnesota Board of Peace Officer Standards
and Training has found comparable to Minnesota peace officer preemployment
education; and
(2) the officer is duly licensed or certified by the peace officer licensing or
certification authority of the state in which the officer's appointing authority is located.
Subd. 13. Joint powers board for housing. (a) For purposes of implementing a
federal court order or decree, two or more housing and redevelopment authorities, or
public entities exercising the public housing powers of housing and redevelopment
authorities, may by adoption of a joint powers agreement that complies with the
provisions of subdivisions 1 to 5, establish a joint board for the purpose of acquiring an
interest in, rehabilitating, constructing, owning, or managing low-rent public housing
located in the metropolitan area, as defined in section 473.121, subdivision 2, and
financed, in whole or in part, with federal financial assistance under Section 5 of the
United States Housing Act of 1937. The joint board established pursuant to this
subdivision shall:
(1) be composed of members designated by the governing bodies of the
governmental units which established such joint board and possess such representative
and voting power provided by the joint powers agreement;
(2) constitute a public body, corporate, and politic; and
(3) notwithstanding the provisions of subdivision 1, requiring commonality of
powers between parties to a joint powers agreement, and solely for the purpose of
acquiring an interest in, rehabilitating, constructing, owning, or managing federally
financed low-rent public housing, possess all of the powers and duties contained in
sections 469.001 to 469.047 and, if at least one participant is an economic development
authority, sections 469.090 to 469.1081, except (i) as may be otherwise limited by the
terms of the joint powers agreement; and (ii) a joint board shall not have the power to tax
pursuant to section 469.033, subdivision 6, or 469.107, nor shall it exercise the power of
eminent domain. Every joint powers agreement establishing a joint board shall
specifically provide which and under what circumstances the powers granted herein may
be exercised by that joint board.
(b) If a housing and redevelopment authority exists in a city which intends to
participate in the creation of a joint board pursuant to paragraph (a), such housing and
redevelopment authority shall be the governmental unit which enters into the joint powers
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agreement unless it determines not to do so, in which event the governmental entity
which enters into the joint powers agreement may be any public entity of that city which
exercises the low-rent public housing powers of a housing and redevelopment authority.
(c) A joint board shall not make any contract with the federal government for low-
rent public housing, unless the governing body or bodies creating the participating
authority in whose jurisdiction the housing is located has, by resolution, approved the
provision of that low-rent public housing.
(d) This subdivision does not apply to any housing and redevelopment authority, or
public entity exercising the powers of a housing and redevelopment authority, within the
jurisdiction of a county housing and redevelopment authority which is actively carrying
out a public housing program under Section 5 of the United States Housing Act of 1937.
For purposes of this paragraph, a county housing and redevelopment authority is
considered to be actively carrying out a public housing program under Section 5 of the
United States Housing Act of 1937, if it (1) owns 200 or more public housing units
constructed under Section 5 of the United States Housing Act of 1937, and (2) has
applied for public housing development funds under Section 5 of the United States
Housing Act of 1937, during the three years immediately preceding January 1, 1996.
(e) For purposes of sections 469.001 to 469.047, "city" means the city in which the
housing units with respect to which the joint board was created are located and
"governing body" or "governing body creating the authority" means the council of such
city.
History: 1943 c 557; 1949 c 448 s 1-3; 1961 c 662 s 1,2; 1965 c 744 s 1-3; 1973 c
123 art 5 s 7; 1973 c 541 s 1; 1975 c 134 s 1,2; 1980 c 532 s 2; 1982 c 507 s 27; 1983 c
342 art 8 s 15; 1984 c 495 s 1; 1986 c 465 art 2 s 15; 1990 c 572 s 14; 1991 c 44 s 3;
1996 c 412 art 3 s 35; 1996 c 464 art 1 s 1; 1996 c 471 art 3 s 39; 1997 c 203 art 5 s 24;
1998 c 397 art 11 s 3; 1999 c 214 art 2 s 17; 2001 c 7 s 78; 1 Sp2003 c 14 art 7 s 83; art
11 s 11; 2005 c g s 2; 2006 c 232 s 3; 2007 c 43 s 1
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