This section is enacted to insure that land is properly located and preserved for use by the public for park and recreational purposes in accordance with future community growth; and to further insure that the cost of providing the park and recreational sites and facilities necessary to serve the additional residents brought into the community through subdivision development may be most equitably apportioned on the basis of the additional public requirements created by such subdivision development.
1. Park Site Dedication; Reservation or Payment In Lieu of Dedication. As a condition of approval of a final plat of subdivision or a site plan, each subdivider or developer shall be required to dedicate land without cost to the City for park and recreational purposes to serve the immediate and future needs of the neighborhood, in accordance with the following criteria:
A. Criteria for Requiring Park Land Dedication.
(1) The amount of park land dedication shall be determined by the following formula:
Residential Uses: Minimum Lot Area Per Unit | Percentage of Total Land Area |
25,000 square feet to 40,000 square feet or greater | 3% |
8,000 square feet to 24,999 square feet | 5% |
2,499 square feet or less to 7,999 square feet | 10% |
(2) The Ankeny comprehensive plan, as adopted by the City, and the criteria and standards contained in the subdivision regulations shall be used as guidelines in locating sites and determining site size.
B. Determination of Minimum Lot Area Requirements. In determining the minimum lot area that is required per unit, the lot area requirements of the zoning district in which the plat is located shall govern. If the plat is located within zoning district C-1; C-2; or C-2A and will not be used for residential purposes, no park land dedication shall be required provided that the developer submits restrictive covenants running with the land for a period of no less than 20 years and in a form approved by the City Attorney warranting that the land within the plat will not be used for residential purposes. If the plat lies within any zoning district which permits residential uses and in the event the developer desires to reduce the maximum density of such development through the use of restrictive covenants, the maximum density permitted under such covenants shall be determinative, provided that such covenants are submitted in a form approved by the City Attorney.
C. Release of Covenants. Such covenants shall run in favor of the City only. In the event that, subsequent to the filing of such covenants and approval of the final plat, the owner chooses to increase the density of the plat in excess of that permitted in such covenants, said owner may obtain a release of such covenant upon dedication to the City of the amount of land which would otherwise have been dedicated under this section or the amount of cash contribution which would have been accepted after being credited with any amount of land or cash contribution previously dedicated or paid.
D. Payment In Lieu of Park Land. Where dedication of land is not compatible with the general subdivision plan of the developer, the developer may request the City to accept a cash payment in lieu of the dedication of such land. In this event, the developer may pay to the City a cash payment as hereinafter determined, which shall be placed in a special fund by the City and shall be used solely for the acquisition and/or development of park and recreational lands to serve the residents of the City.
(1) Method of Payment. The payment in lieu of land shall be based on the fair market value of the acres of land in the development that otherwise would have been dedicated as a park site. The fair market value shall be determined by the City by taking the total per-acre value of the total development and determining the proportionate value of the dedication of land required, as determined under paragraph A of this subsection. For purposes of this section, fair market value shall be determined by the following method:
a. At the first meeting in January of each year the Mayor, with the approval of the Council, shall appoint a committee of three persons having knowledge of real estate values in the City by reason of their occupations, such as realtors, appraisers, and persons responsible for making loans on property. This committee shall be referred to as the valuation committee.
b. The valuation committee shall thereupon make a study of the average per-acre value of undeveloped real estate within the City limits, giving due consideration to sales of such real estate during the preceding year and shall, based upon all available information, make a determination of the average market value of all undeveloped land lying within the City. The committee shall thereupon make the recommendation to the Council.
c. The Council shall, by resolution, thereupon establish the average per-acre fair market value, which shall be used to determine the basis for the cash contribution permitted under this section until such value is changed or amended by subsequent resolution.
(2) Percentage Contribution. In no event shall any payments required under the provisions of this section be in a greater percentage in relation to the total value of the land within the plat than the maximum required percentage of total land area as set forth in paragraph A of this subsection.
(3) Criteria for Requiring Dedication and a Payment In Lieu of Land. There may be situations when a combination of land dedication and a contribution in lieu of land are both advisable. These occasions will arise when:
a. Only a portion of the land to be developed is proposed as the location for a park site. That portion of the land within the subdivision falling within the park location shall be dedicated as a site as aforesaid and a payment in lieu of land shall be accepted for any additional land that would have to be dedicated.
b. A major part of the local park or recreational site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication, and a payment in lieu thereof may be accepted.
E. Special Fund. All payments in lieu of park land collected by the City shall be deposited in a special fund to be known and designated as Special Fund for the Acquisition and Development of Park and Recreational Facilities and such funds shall be used for such purposes and at such places and in such manner as shall be determined and directed by the City following recommendations by the Park Board, after consultation with the subdivider or developer, and which shall be consistent with the intent of paragraph C of this subsection; and authorization for creation of said fund is granted. Any and all interest accumulated upon such funds shall be added to the special fund and be used only for acquisition and development of parks and recreational areas.
F. Procedures.
(1) Pre-Application Conference for Plat or Site Plan Submittal. At the pre-application conference, the City, the developer and a representative from the Park Board, if available, shall review the requirements for park land dedication, the plan for parks as contained in the comprehensive plan, and criteria and standards as described in the subdivision regulations. At the time of such conference, the Park Board shall be immediately notified by the City Council of the description and location of the land proposed to be platted.
(2) Preliminary Plat or Site Plan. At the time of filing a preliminary plat or site plan with the Commission, the owner or developer of the property shall, as part of such filing, indicate whether he or she desires to dedicate property for park and recreational purposes or whether he or she desires to pay a fee in lieu thereof. If the owner or developer desires to dedicate land for this purpose, said person shall designate the area thereof on the preliminary plat or site plan as submitted, a copy of which shall be immediately delivered to the Park Board.
(3) Review and Recommendation by the Park Board. When the preliminary plat or site plan is received which proposes the dedication of park land, a copy of said plat or plan shall be immediately forwarded to the Park Board. Upon receipt of said plat or plan, the Park Board shall review the same and make recommendations and suggestions thereon with regard to placement, size, design and location of said park or recreational area. Within fifteen days after receipt of a copy of said plat or plan, the Park Board shall make recommendations and the same shall be forwarded to the Council with a copy to the Commission. Failure of the Park Board to make recommendations within the aforesaid 15-day period shall be interpreted as agreement with the plat or plan as submitted.
(4) Plan and Zoning Commission Action. As a part of its recommendations to the Council on the preliminary plat or preliminary site plan, the Commission shall make recommendations on the location of the proposed land dedication, delineating the boundaries thereof. If the developer requests to make a cash contribution in lieu of dedication, he or she must so advise the Commission, which will then determine the amount of such contribution, using the formula herein provided.
(5) Prerequisites for Approval of Final Plat or Site Plan. Where a dedication is required it shall be accomplished by providing the City with a properly executed warranty deed, dedicating the required land to the City without cost to the City. Where fee in lieu of dedication is accepted, the same shall be paid in the manner hereinafter set forth. If the developer chooses to make a cash contribution in lieu of land dedication, he or she may make payment as follows:
a. By payment to the City Clerk, prior to approval of the final plat.
b. By submitting to the Council on a form approved by the City Attorney the covenants running with the land, suitable for recording, and promising to pay to the City a proportionate part of such contribution at the time of issuance of each building permit for such subdivision. The amount of such proportionate payment shall be determined by dividing the total cash payment for such subdivision by the number of lots in such subdivision. Any payments remaining unpaid shall constitute a lien against the real estate until paid. A copy of such covenants shall be placed on file with the City Engineer’s office.
(6) Development of Dedicated Area. It shall be the duty of the Park Board to properly develop and maintain the dedicated area for park and recreational purposes.
2. Applicability to Existing Subdivisions or Developments. The requirements of this section are not applicable to: (i) existing subdivisions or developments which are presently constructed, (ii) developments for which building permits have been issued, or (iii) in the case of plats or site plans where preliminary approval has been granted at the time of enactment of the ordinance codified in this chapter. If such building permits or plats expire prior to completion of the subdivision or development for which it was issued or approved, renewal or reissuance of the building permit or extension of time for the preliminary plat shall not be deemed to bring such subdivision or development within the terms of this section.
3. Partial Dedication. The percentage of park land dedication required under paragraph 1(A) of this section shall be determined at the time of the submission of the preliminary plat. If the final plat submitted for approval represents only a portion or a part of the approved preliminary plat and does not contain within its boundaries the land dedicated to the City, the final plat shall not be accepted until the developer shall deliver to the City his warranty deed to the parcel of land dedicated, pursuant to the preliminary plat; or in lieu thereof, shall submit the covenant, running with the land, and in favor of the City only, that such parcel is reserved solely for use as a public park and further assuring that said land will be dedicated to the City upon approval of the final plat of which it is a part. Any remaining final plat submitted shall be in substantial compliance with the approved preliminary plat. Any land conveyed by the developer within the approved preliminary plat shall be subject to these provisions. No additional land shall be required for park site purposes from the developer upon submission of subsequent partial final plat in excess of that which was required in the preliminary plat; provided, however, nothing in this section shall be deemed to prevent the City and the owner, at a later time, from altering the placement, size, design or location of the proposed park, due to a change of circumstances since the approval of the preliminary plat. No changes shall be made, however, without an agreement on the part of both the developer and the City.
4. Title Opinion. All warranty deeds submitted pursuant to the requirements of this section shall be accompanied by an opinion from a licensed attorney, certifying that the fee title to the tract is in the owner’s name and is free and clear of encumbrances.