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CHAPTER 16 Subdivision regulations govern the size,location,grading improvements and similar matters when a tract of land under single ownership is divided into two or more lots when the creation of streets and other utilities to service future development is necessary. Subdivision regulations must require that future development be consistent with zoning ordinances and may require consistency with the comprehensive plan. Minn.Stat.§505.03. Councils have statutory authority to approve subdivision plats. All plats must receive approval prior to recording them with the county recorder or registrar of titles.Prior to approval,the council may employ qualified people to check and verify the plat to determine its suitability from the community planning standpoint.The council may require the subdivider to pay for the costs associated with this verification process. Minn.Stat.§462.358,subd. The Planning Act sets platting regulations, which the council 2(b). may adopt. A city may condition subdivision approval upon the dedication of a"reasonable portion"of the subdivision for public streets, sewer,electric,gas,drainage and water facilities.Another option is for the city to require a payment in lieu of such dedication.The payment would be a cash equivalent for parks,open space or wetlands. • Collis v.City of Bloomington Traditionally,dedications of land in Minnesota were upheld if 310 Minn.5,246 N.W.2d 19 a reasonable relationship existed between the need for the land (1976). and the proposed development.Usually,this meant that the city would have to show that the land was needed because of the population increase brought about by the subdivision.As discussed in the previous section,dedications are now subject to scrutiny under the rough proportionality test formulated by the U.S. Supreme Court in the Nollan case.Cities should continue to give careful consideration to the conditions placed in subdivisions. Minn.Stat.§462.358,subd.2b Requiring an equivalent amount in cash,based on the fair (this statute would likely be market value of the undeveloped land, is also permitted. Any upheld as constitutional as it seems to meet the Nollan test). payments the city receives must be deposited into a special fund to acquire land for parks,playgrounds,public open space, storm water holding areas or ponds,developments or existing areas,and debt retirement for any land previously acquired by the city for such public purposes. • 393