(A) Purpose. The City Council recognizes that it is essential to the health, safety and the welfare of the residents of this city to provide for the preservation of land for parks, playgrounds, public open space and trails. The City Council also finds that it is appropriate that each subdivision within the city contribute toward the city’s parks, playgrounds, open spaces and trails in proportion to the burden it will place upon the city’s park and open space system. Therefore, this park and open space dedication requirement is established to require new developments at the time of subdivision to contribute toward the city’s park and open space system in rough proportion to the relative burden they will place upon that system, and:
(1) To develop a limited number of major public green spaces which shall retain the natural and scenic features of the land and serve as a wilderness environment for city residents to enjoy;
(2) To create multiple use, non-motorized trails along roads or as a link between various points of interest and public facilities where the trails would enhance the recreational opportunities for residents and provide a safe alternative means of travel within the city; and
(3) If future development creates a need for a neighborhood park, land may be acquired for that purpose pursuant to this chapter.
(B) Requirements. Subdividers, as a prerequisite to approval of a subdivision, shall dedicate to the city for park or playground purposes or for public open space or trail systems a reasonable portion of the land being subdivided or in lieu thereof a cash equivalent. The form of dedication, land or cash, (or any combination) shall be decided by the city and dedicated or paid prior to city signing the final plat, or prior to final City Council approval of minor subdivisions.
(1) Reasonable portion of land shall be that portion of land which could be purchased with the amount of park dedication fee payment owed by the subject subdivision on a per dwelling unit basis.
(2) Land to be dedicated shall be reasonably adaptable to use for active park and recreation purposes, shall be at a location convenient to the people to be served, and shall be consistent with the general locations as indicated in the official parks map and/or comprehensive parks plan. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location.
(3) Where a proposed park, playground, recreational area or open space that has been indicated in the official park map and/or comprehensive park plan is located in whole, or in part, within a proposed subdivision the site must be dedicated to the city. If the subdivider chooses not to dedicate an area in excess of the land required hereunder for the proposed public site, the city shall not be required to act to approve or disapprove the preliminary plat of the subdivision for a period of 60 days after the subdivider meets all the provisions of the subdivision ordinance in order to permit the Council to consider the proposed plat and to consider taking steps to acquire, through purchase or condemnation, all or part of the public site proposed under the official park map in the comprehensive parks plan.
(4) Land area conveyed or dedicated hereunder may not be included by a subdivider as an allowance for purposes of calculating the density requirements of the subdivision as set out in the city’s zoning ordinance and shall be in addition to and not in lieu of scenic easement, conservation easements and open space requirements pursuant to the city’s zoning ordinance.
(5) The city may determine that land not distinguished in its official parks map and/or comprehensive parks plan is needed as a neighborhood park. Should this determination be made, an amendment to the official parks map and/or comprehensive parks plan shall be made identifying the neighborhood park. Should the city determine that land in excess of what can be obtained via division (B)(1) above is required, the remaining area shall be purchased from the applicant by the city via its Park and Trail Fund at a fair market value.
(6) When a cash park dedication fee is paid in lieu of a dedication of land, the subdivider shall pay a per dwelling unit fee as described in divisions (C)(3) and (D) below.
(7) The city shall maintain a separate fund into which all cash park dedication fees received from owners or subdividers in lieu of conveyance or dedication of land for park or playground, public open space or trail purposes shall be deposited and shall make, from time to time, appropriations from the fund for acquisition of land for park and playground purposes, for developing existing park and playground sites, for public open space and trails, or for debt retirement in connection with land previously acquired for parks and playgrounds, which will benefit the residents of the city.
(C) Administrative procedure. When an application for subdivision is submitted, the City Administrator and City Planner shall evaluate its location with that of the official parks map and the comprehensive parks plan to determine whether land is to be recommended for dedication.
(1) Should the subject site be located within an area designated for future parkland, open space or trail corridor, as designated in the official parks map and comprehensive parks plan, the City Administrator and City Planner shall submit the proposed subdivision to the Park Committee for its review and recommendation.
(2) The Park Committee shall make a determination as to what portion or portions of the site may be dedicated to the city for parkland, open space or trail use as described in the official park map in the city’s comprehensive park plan. The subdivider shall be made aware of this recommendation which will be forwarded to the Planning Commission for its review and recommendation to the City Council.
(3) Should the subject site be outside of any future proposed parkland, open space, trail or wildlife corridors or wildlife habitat areas as defined in the official park map and the comprehensive park plan, the City Administrator shall inform the subdivider and the process will continue with the recommendation for a cash park dedication fee in lieu of land dedication in a per dwelling unit amount as defined in division (D) below.
(4) Though the subject site may not be located in an area identified for future parkland, open space, trail or wildlife corridor or wildlife habitat area in the official park map and comprehensive park plan, the Planning Commission may recommend and the City Council may require that a reasonable portion of the land be dedicated to the city, at which time the subdivision will be sent to the Parks Committee for their review and recommendation as to the sites location. Reasonable portion of the land shall be defined as that portion of land in which could be purchased with the amount of park dedication fee payment owed by the subject subdivision per dwelling unit being proposed.
(D) Cash park dedication fee. The cash park dedication fee in lieu of land dedication shall be equivalent to 7.5% of the predevelopment value of the land to be subdivided, subject to a minimum fee of $5,000 per dwelling unit and a maximum fee of $10,000 per dwelling unit, the fee to be reviewed on an annual basis, with adjustments based on the CPI-U and adopted with the city’s fee schedule. The cash park dedication fee shall be calculated based on the impact of new dwelling units and the demand they will place on the city’s park system.
(E) Payment of cash park dedication fees. Cash park dedication fees are to be established at the time of preliminary plat approval or in the case of minor subdivisions are to be established and paid prior to final Council approval. The Council may approve payment at a later time under terms agreed upon in the development agreement. Delayed payment may include interest at a rate set by the city.
(F) Deposit of cash park dedication fees. Cash park dedication fees shall be deposited by the city directly in the city’s restricted Park, Open Space and Natural Resources Fund and shall be used only for purposes authorized by state law. Cash payments may not be used for ongoing “operation or maintenance,” in accordance with M.S. §§ 462.35 and 471.1941.351, as they may be amended from time to time.
(G) Land dedication. When land is dedicated and deeded to the city for park purposes, it shall be the responsibility of the city to maintain dedicated property.
(H) Lot and block number required. Land dedication to the city shall be in the form of lots with approved lot and block number.
(I) Right to challenge.
(1) If the applicant or developer does not believe that the estimates contained in this section fairly and accurately represent the effect of the subdivision on the park or trail system of the city, the applicant or developer may request that the city prepare an in-depth study of the effect of the subdivision on the park and trail system and an estimate of that effect in money and/or land. All costs of the study shall be borne by the developer or applicant.
(2) If the developer or applicant request the preparation of a study, the request must be made at the time the development application is submitted.
(3) No application for development that is submitted shall be deemed complete until the requested study has been completed and a determination is made as to the appropriate amount of land or money necessary to offset the effect of the subdivision.
(Prior Code, § 12-1270) (Ord. 47-2004, passed 8-17-2004; Ord. 13-2005, passed 9-20-2005; Ord. 04-2012, passed 10-16-2012)