Land that is needed for future streets, parks, utilities and other necessary public facilities and services, is frequently diverted to nonpublic uses which could have been located on other lands without hardship or inconvenience to the owners. When this occurs, public uses of land may be denied or may be obtained only at prohibitive costs or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which would otherwise make such adjustments difficult to accomplish. It is the purpose of this section to provide a uniform procedure for the proper use of official maps as authorized by law.

Definition. In this section "official map," means a map adopted in accordance with this section showing existing streets, proposed future streets, and the area needed for widening of existing streets of the city; existing and proposed parks and trails and areas necessary for their proper development; existing and proposed utilities; and the location of existing and future land and facilities within the city. An official map may cover the entire city or any portion of the city.

Proceedings for adoption, amendment or repeal of an official map or any part thereof, may be initiated by a recommendation of the planning commission or the parks and recreation commission, action by the city council on its own initiative, request of an outside governmental body, or a petition of the owners of the affected properties. The fee to be charged to file a petition will be as established by resolution.

Every proposal or request for an official map or its amendment or repeal, however initiated, will be accompanied by a sketch map or plat showing the lands proposed to be included and the public purpose to be served. The council may request a report of the city engineer as to the feasibility of any construction involved.

Except when proceedings have been initiated by recommendation of the planning commission or the parks and recreation commission, every proposed official map or change in the map will be referred to the planning commission and/or the parks and recreation commission for advice and recommendations thereon, and such recommendations will be submitted to the city council within 120 days after reference to the planning commission and/or parks and recreation commission along with the report of the commission on the effect of the proposal on the city comprehensive plan. If no recommendations are received from the planning commission and/or parks and recreation commission within 120 days after reference of the proposal to the commission by the council, the council may take such action as it may deem proper upon the proposal without further action by the planning commission and/or parks and recreation commission.

Upon receiving the recommendations of the planning commission and/or parks and recreation commission, or after 120 days from the submission of the proposal to the planning commission and/or parks and recreation commission without recommendations from those commissions, the council will call a public hearing on the proposal. The notice of time, place, purpose of the hearing and a description of the property to be included in the official map will be published in the official newspaper at least ten days prior to the date of the hearing. At least ten days prior to the date of the hearing, the city administrator will also mail a copy of the notice to each owner of land situated within or abutting the boundaries of the official map. For purposes of this notice, the owner will be determined by the records of the county auditor and the notice will be addressed to the last known address as shown by the auditor's records. Failure to serve any such notice will not invalidate the proceedings.

At the time and place specified in the notice, the council will hear evidence and arguments concerning the proposal. The hearing may be continued from time to time. Upon closing of the public hearing, the council may vote on the proposal.

Official maps will be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey will be made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map will be attested to by a registered land surveyor. The official map or an amendment or repeal of a previous official map, will be adopted in ordinance form by a majority vote of the city council. The ordinance will include a legal description of the area included in the official map. A certified copy of the official map together with an attached copy of the ordinance, will be filed with the county recorder.

Subd. 1.

After an official map has been adopted and filed, the issuance of building permits by the city will be subject to the provisions of this section. The building inspector will deny every application for a permit to construct a new building or structure or expand an existing building or structure within an area designated on the official map. Whenever any street is widened, improved, or any new street is opened, any park or trail is acquired or developed, any land is acquired or developed for utilities, or any interest in lands for other public purposes is acquired by the city, the city will not be required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street, park or trail or outside of any building line or building envelope that may have been established upon the existing street, park or trail, or within any area thus identified for utilities or other public purposes. The adoption of an official map does not give the city any right, title, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the city to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or a violation of the conditions of a permit.

Subd. 2.

After an official map has been adopted and filed, the approval of subdivisions by the city will be subject to the provisions of this section. The city council may deny a proposed subdivision or a portion thereof which lies within any area designated on the official map for streets, parks or trails, utilities, or other public purposes.

Subd. 1.

Whenever a building permit or subdivision is denied pursuant to this section, the city council may, upon appeal filed with it by the owner of the land and after receiving the advice and recommendations of the planning commission and/or parks and recreation commission, grant a permit for building or approve a subdivision or apportion thereof in an area designated on the official map for a street, park or trail, utilities or any public purpose in any case in which the council finds, upon evidence in the arguments presented to it by the applicant:

(a)

That the entire property of the applicant, of which the area designated for public purposes forms a part, cannot yield a reasonable return to the owner unless such a permit is granted; and

(b)

That balancing the interest of the city in preserving the integrity of the official map and of the city comprehensive plan and the interest of the property owner in the use of the owner's property and in the benefits of ownership, the granting of such permit or approval of such subdivision or portion thereof, is required by considerations of justice and equity.

Subd. 2.

Failure of the planning commission and/or parks and recreation commission to report on the appeal within 120 days after referral of the matter to it, is deemed to mean that there is no recommendation and advice from the planning commission and/or parks and recreation commission. The city council will hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten days before the hearing. If the city council authorizes issuance of a permit or approval of a subdivision or portion thereof, it will specify the exact location, ground area, height, and other details as to the extent and character of the building for which the permit is granted or for which a building permit may be granted in a subdivision. If the city council so authorizes issuance of a permit, or approval of a subdivision or portion thereof, the council will have six months from the date of the decision to institute proceedings to acquire such land or interest therein and if no proceedings are started within that time, the building inspector will issue the permit if the application otherwise conforms to all local ordinances.