1.1.................... moves to amend H.F. No. 321 as follows:
1.2Page 1, after line 5, insert:

1.3    "Section 1. Minnesota Statutes 2012, section 462.358, subdivision 2b, is amended to
1.5    Subd. 2b. Dedication. (a) The regulations may require that a reasonable portion of
1.6the buildable land, as defined by municipal ordinance, of any proposed subdivision be
1.7dedicated to the public or preserved for public use as streets, roads, sewers, electric,
1.8gas, and water facilities, storm water drainage and holding areas or ponds and similar
1.9utilities and improvements, parks, recreational facilities as defined in section 471.191,
1.10playgrounds, trails, wetlands, or open space. The requirement must be imposed by
1.11ordinance or under the procedures established in section 462.353, subdivision 4a.
1.12(b) If a municipality adopts the ordinance or proceeds under section 462.353,
1.13subdivision 4a, as required by paragraph (a), the municipality must adopt a capital
1.14improvement budget and have a parks and open space plan or have a parks, trails, and
1.15open space component in its comprehensive plan subject to the terms and conditions in
1.16this paragraph and paragraphs (c) to (i).
1.17    (c) The municipality may choose to accept a cash fee as set by ordinance from the
1.18applicant for some or all of the new lots created in the subdivision, based on the average
1.19fair market value of the unplatted land for which park fees have not already been paid that
1.20is, no later than at the time of final approval or under the city's adopted comprehensive
1.21plan, to be served by municipal sanitary sewer and water service or community septic and
1.22private well as authorized by state law. For purposes of redevelopment on developed
1.23land, the municipality may choose to accept a cash fee based on fair market value of the
1.24land no later than the time of final approval. "Fair market value" means the value of the
1.25land as determined by the municipality annually based on tax valuation or other relevant
1.26data. If the municipality's calculation of valuation is objected to by the applicant, then
1.27the value shall be as negotiated between the municipality and the applicant, or based on
2.1the market value as determined by the municipality based on an independent appraisal of
2.2land in a same or similar land use category.
2.3(d) In establishing the portion to be dedicated or preserved or the cash fee, the
2.4regulations shall give due consideration to the open space, recreational, or common areas
2.5and facilities open to the public that the applicant proposes to reserve for the subdivision.
2.6(e) The municipality must reasonably determine that it will need to acquire that
2.7portion of land for the purposes stated in this subdivision as a result of approval of the
2.9(f) Cash payments received must be placed by the municipality in a special fund to
2.10be used only for the purposes for which the money was obtained.
2.11(g) Cash payments received must be used only for the acquisition and development
2.12or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open
2.13space based on the approved park systems plan. Cash payments must not be used for
2.14ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails,
2.15wetlands, or open space.
2.16(h) The municipality must not deny the approval of a subdivision based solely on
2.17an inadequate supply of parks, open spaces, trails, or recreational facilities within the
2.19(i) Previously subdivided property from which a park dedication has been received,
2.20being resubdivided with the same number of lots, is exempt from park dedication
2.21requirements. If, as a result of resubdividing the property, the number of lots is increased,
2.22then the park dedication or per-lot cash fee must apply only to the net increase of lots."
2.23Renumber the sections in sequence and correct the internal references
2.24Amend the title accordingly