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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, 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 Zoning District | Percentage of Land Area |
R-1 | 5% |
R-2, R-3, R-3A and R-5 | 10% |
(2) Land Area shall be the total area of the proposed subdivision plat minus any public right of way and any land located within an outlot for, or encumbered by, a stormwater drainage or stormwater management easement.
(3) The Ankeny Comprehensive Plan and the Parks Master Plan, as adopted by the City, as well as 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 districts C-1, C-2, C-2A, C-3 and PUD (UP, NMU, CMU and PUD in new Code) 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, otherwise the dedication requirement will be 10%.
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 City's adopted Comprehensive Plan or Parks Master Plan, the developer and City may agree to 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 subject subdivision and surrounding neighborhoods.
(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 1.A(1) of this Section. For purposes of this Section, fair market value shall be determined by the following method:
a. Annually, City staff from the City Manager, Community Development and Economic Development Departments shall make a study of the average per-acre value of undeveloped real estate within the City limits, as well as nearby lands likely to develop, 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 and near the City. City staff shall thereupon make this recommendation to the Council.
b. 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 1.A(1) of this Section.
(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 per the City's adopted Comprehensive Plan and Parks Master Plan. 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. Park Infrastructure Improvements in Lieu of Park Land.
(1) Where dedication of land is not compatible with the City's adopted Comprehensive Plan or Parks Master Plan, the developer and City may agree to park infrastructure improvements in lieu of the dedication of such land. In that event, the developer shall construct or install park infrastructure improvements that are equal in value to that of the minimum land dedication, had a land dedication been accepted, within existing or proposed city parks that can serve the new development.
(2) In all cases where it is determined that park infrastructure is to be constructed or provided in lieu of a land dedication, the minimum value of the park infrastructure that is to be provided shall be determined in the following manner.
a. The amount of parkland dedication required shall be determined pursuant to Paragraph 1.A(1) of this Section.
b. The cash value shall be determined pursuant to Paragraph 1.D of this Section.
c. The developer shall provide an invoice or other documentation confirming that the value of proposed park infrastructure is equal in value to the minimum land dedication requirement.
(3) Park infrastructure improvements provided by a developer shall be constructed on lands dedicated as public park land and shall be designed, constructed and installed to meet the requirements of the Park Facility Standards Manual and in accordance with related Federal, State and local Codes.
(4) If park infrastructure is being provided in lieu of a land dedication, it shall be completed prior to the recording of the final plat unless surety is provided in favor of the city to guarantee that the park infrastructure will be installed at a later date.
(5) Should this option be exercised, the City and the developer shall, prior to initiation of work on such improvements, enter into a Developers Agreement outlining the improvements and value of the improvements.
F. Procedures.
(1) Pre-Application Conference for Plat Submittal. At the pre-application conference, the City and the developer shall review the requirements for park land dedication, the plan for parks as contained in the City's adopted Comprehensive Plan and Parks Master Plan, and criteria and standards as described in the subdivision regulations.
(2) Preliminary Plat. At the time of filing a preliminary plat with the Commission, the owner or developer of the property shall, as part of such filing, indicate whether they desire to dedicate property for park and recreational purposes or whether they desire to pay a fee in lieu thereof. If the owner or developer desires to dedicate land for this purpose, they shall designate the area thereof on the preliminary plat or site plan as submitted.
(3) Review and Recommendation by City staff. Land parcels that are unsuitable for development are typically unsuitable for a neighborhood park, and therefore should be selected prior to a subdivision being platted and acquired as a part of the development process. Land proposed for park development, whether public or private, must strive to provide recreational opportunities and serve the public or residents of the subdivision in a meaningful way. The land must be of appropriate shape, size and location and must have convenient access and parking to meet the needs of the public or residents of the subdivision. In cases where the land proposed for parkland dedication is unsuitable for parks or public recreation purposes, the developer and City may agree to a cash payment in lieu of the dedication of such land.
When an area of less than three (3) acres is required to be dedicated as public parkland, the City, at its discretion, may elect to accept a fee in-lieu of public parkland as alternative compliance.
The City is authorized to allow phasing of parkland dedication below the requirement for each phase of development if the City finds the proposed phasing of parkland provides a more effective means of parkland dedication than would have otherwise been provided through the standard phasing.
When the preliminary plat is received which proposes the dedication of park land, City staff shall review the same and make recommendations and suggestions thereon with regard to placement, size, design and location of said park or recreational area. The following general criteria shall be utilized to form City staff's recommendation:
a. The proposed park land is located in an area recommended for public park land in the City's adopted Comprehensive Plan or Parks Master Plan.
b. The size dedicated meets the minimum amount required under Paragraph 1.A(1) of this Section.
c. In the event the area to be dedicated only accounts for a portion of the overall park land to be dedicated in the immediate vicinity, such park land dedication shall be located so as to be easily combined with previous or future park land dedication.
d. Land must have connectivity to a public street. Park sites should be adjacent to residential areas in a manner that serves the greatest number of users and should be located to minimize users having to cross arterial roadways to access them.
e. If the City finds it necessary for optimum park placement, tracts to be dedicated may be split into two (2) or more separate park sites as long as:
i. Each site meets parkland standards; and
ii. Splitting the tract will not adversely affect ecological connectivity for wildlife habitat, vegetative species diversity, or interfere with other City Comprehensive Plan goals and city policies.
f. Consideration will be given to land that is in the floodplain or may be considered "floodable" even though not in a federally regulated floodplain if, due to its elevation, it is suitable for park improvements. Any area of parkland proposed for dedication that contains floodplain shall be calculated at 1/3 the amount of actual land area for the purposes of dedication.
g. Should the City consider an area of parkland proposed for dedication that contains a waterway or floodway, it shall be calculated at 1/5 the amount of actual land area for the purposes of dedication. Proposed areas being considered as future parkland located in a waterway or floodway will require:
i. Where there is no mapped floodway identified on the effective FIRM or best available data for the floodway, the buffer shall be a minimum of 50-feet (undisturbed) on each side of the stream's belt width as measured using the Iowa Department of Natural Resources (IDNR) Method.
ii. Where there is a mapped floodway identified on the effective FIRM or best available data for the floodway, the buffer shall be a minimum of 50-feet (undisturbed) on each side of the floodway boundary, measured from the edge of the floodway boundary.
iii. Prior to dedication of any stream buffers to the City, the applicant's engineer shall analyze the stability of all drainageways within the stream buffer. Recommendations shall be reviewed and approved by city staff prior to acceptance. The City may require the developer to complete any improvements determined necessary to prevent or stop drainageway erosion and maintain long-term bank stability.
h. A minimum of 75% of the required parkland area, with the exception of areas designated as open space, shall be graded to accommodate active recreation. The active recreation area shall be graded such that slopes are not less than 1.5% or greater than 5%, except under special conditions when greater slopes are desired to enhance recreation, such as a sledding hill, as determined by the City Council. On-site drainage patterns shall be designed and constructed to ensure runoff is not directed across active recreation areas and approved by the City. The City, at its discretion, may require the developer to mitigate existing/adjacent City owned property to ensure a cohesive park.
i. The interior of a park should be visible from an existing or proposed public right-of-way. In order to achieve this visibility, a park should include at least forty (40) feet of right-of-way frontage for every acre of credited parkland, with the exception of land dedicated for greenway/greenbelt purposes which shall have a corridor or point of connection that is at least thirty (30) feet wide to accommodate recreational trails and at least sixty (60) feet wide where required by the City to accommodate park access drives and trail. Right-of-way frontage on at least two sides of a park is recommended. Exceptions to the recommended frontage may be acceptable to accommodate environmental, historical, topographic, or other constraints; a park that serves mainly as a greenbelt; or a critical park need.
j. Adequate vehicular access shall be provided for parkland operation and maintenance. For public parkland areas not fronting a public street right-of-way or backing up to single-family and duplex residential properties, an access lot encumbered by a public ingress/egress easement containing a trail connection, not less than thirty (30') feet in width, shall be dedicated and conveyed to connect to the public parkland a minimum of every 1,000 linear feet along the public street. The access lot shall be owned and maintained by a home owner's association.
k. No on-site topsoil, within the proposed parkland limits, shall be excavated and hauled off-site for use elsewhere. Topsoil excavated from within existing and/or proposed parkland shall be stockpiled and used on-site as finish grade material in predesignated areas.
l. Site shall not have been used as a staging area, to stock pile material or as a disposal site during construction unless approved in writing by the City.
m. The proposed land shall not be encumbered by recorded easements, or easements proposed to be recorded, such that it prevents construction of recreation amenities desired on the parkland.
n. Where appropriate, sites with existing trees or other scenic elements are preferred and may be reviewed by the City's Arborist to make recommendations.
o. Rare, unique, endangered, historic or other significant natural areas will be given a high priority for dedication pursuant to this article. Areas that provide an opportunity for linkages between parks or that preserve the natural character of the surrounding environment may be required by the City to be included in the parkland dedication.
p. Detention/retention areas shall not be used to meet dedication requirements.
q. Prior to acceptance of required parkland dedications, the applicant/developer shall complete the following items for all proposed dedication areas:
i. The developer shall clear, fill, and/or final grade all land to the satisfaction of the City.
ii. All utilities must be stubbed out at boundary of property (electrical, water, storm drainage, sewer).
iii. Improvements of street frontage (curb, gutter, pedestrian trail, sidewalk, street lights and street trees) must be provided.
iv. The developer shall seed and stabilize the parkland. Four (4) inches of clean, lightly compacted topsoil. Seeding shall be completed using permanent seed mixtures. The City will determine the type of seed mix based on planned use of the property.
v. The developer shall submit a current Phase I Environmental Site Assessment completed according to American Society of Testing and Materials (ASTM) standards (ASTM E 1527). The results of this study shall indicate a clean environmental record.
vi. The developer shall be responsible for the location and installation of permanent property corner markers for all dedicated parkland property corners, in accordance with the property metes and bounds description.
r. The City shall have the right to refuse the conveyance of land that is deemed unsuitable for park or public recreation purposes, which includes:
i. Waterways, stormwater detention and retention, unless specifically recommended for parkland by the City's adopted Comprehensive Plan or Parks Master Plan.
ii. Lands in excess of four-to-one (4:1) slope used to transition grades between city and non-city lands. The maximum distance of a sustained slope may, at the discretion of the City, be limited. The decision to limit how far a slope may extend longitudinally will be based on an analysis of the ability to provide the required programmatic elements of the park or open space and the collective impact that all surrounding slopes will have on the public use and function of the site. Retaining walls or other treatments may be required to reduce the impacts of sloped areas.
iii. Lands that are already encumbered from development such as deed restricted areas; lands protected by conservation easements; utility easements for gas pipelines, overhead electric transmission lines, and waterlines which restrict the installation of plant material and public use amenities.
iv. Neighborhood entry features, monumentation and signage.
v. Street rights-of-way and streetscapes.
vi. Medians and traffic-related intersection improvements.
vii. Private clubhouses, splashpads, community and recreation centers (including associated parking lots).
2. 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.
3. 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 to the City Clerk, prior to approval of the final plat.
4. 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.
(Ord. 2184 - Nov. 24 Supp.)
The subdivider shall install and construct all improvements required by the subdivision regulations of the City. All required improvements shall be installed and constructed in accordance with approved specifications and under the supervision of the Council and to its satisfaction.
1. Outside Corporate Limits. Where a subdivision outside the corporate limits contains physical facilities necessary or desirable for the welfare of the area and which are of common use or benefit and which the City does not desire to or cannot maintain, provisions shall be made by the trust agreements, made a part of the deed restrictions, acceptable to the City for the proper and continuous maintenance and supervision of such facilities by the lot owners in the subdivision.
2. Flooding Protection.
A. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system as well as the discharge of effluent into floodwaters. Wastewater treatment facilities shall be provided with a level of flood protection equal to or greater than one foot above the 100-year flood elevation.
B. On-site waste disposal systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding.
C. New or replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. Water supply treatment facilities shall be provided with a level of protection equal to or greater than one foot above the 100-year flood elevation.
1. Underground Installation Required.
A. All utilities lines, except electrical lines of nominal voltage in excess of 15,000 volts, shall be installed underground. The subdivider shall be responsible for making the necessary arrangements with the utility companies for installation of such facilities. Such utility lines shall be installed in such a manner so as not to interfere with other underground utilities. Incidental appurtenances, such as transformers and their enclosures, pedestal-mounted terminal boxes, meters and meter cabinets, may be placed above ground but shall be located so as not to be unsightly or hazardous to the public. The installation of such underground utilities and incidental appurtenances shall be in accordance with all applicable standards and shall be approved by the City Engineer.
B. The Council may waive all or part of the requirements of this section if it is determined that soil, topographical or other conditions make such installations within the subdivision unreasonable or impractical. If overhead utility lines or wires are permitted, they shall be placed in the rear of the lots in residential and commercial zoning districts. Overhead utility lines, when permitted in industrial districts, shall be located as the Council direct.
2. Flooding Protection. Utilities such as gas and electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems.
1. Monuments. Monuments shall be placed at all corners and angle points of the external boundaries of a subdivision, but no further than one-quarter mile apart. They shall also be placed at block corners, points of curves, changes in direction along lot lines, and at each lot corner in accordance with City specification. All monuments used shall be of a type and material approved by the Council.
2. Sidewalks. Sidewalks shall be constructed on both sides of all streets being dedicated for public use. The sidewalks shall be a minimum of four feet in width and have a minimum thickness of four inches and shall be constructed of Portland cement in accordance with designs and specifications approved by the Council.
3. Water Connections. The subdivider shall provide a water connection for each lot in accordance with standards, procedures, and supervision of the Municipal Water Department.
4. Sewers.
A. Sanitary sewer lines, storm sewers and their appurtenances shall be constructed and installed in accordance with the plans and specifications adopted by the Council. Water and sewer lines shall be made accessible to each lot.
B. Where sanitary sewers are not available, other facilities, as approved by the Council, the County Health Department and the State Health Department, must be provided for the adequate disposal of sanitary wastes.
5. Review of Proposals and Developments to Determine Flood Hazard. All subdivision proposals and other proposed new developments shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that: (i) all such proposals are consistent with the need to minimize flood damage within the flood-prone area, and (ii) adequate drainage is provided to reduce exposure to flood hazards.
1. When Required.
A. If performance bonds for improvements are submitted by the developer, the performance bonds for all public improvements, such as water mains and appurtenances; wastewater and storm water conveyance systems; streets and sidewalks, shall provide corporate surety in the penal sum of amounts equal to the cost of such improvements. The performance bonds will obligate the developer and/or the developer’s bondsman to construct the improvements in accordance with the standard specifications and the approved plans within two years for sidewalks and one year for all other improvements from the date of filing of the bonds.
B. Prior to acceptance by the City of any public improvement, such as water mains and appurtenances; wastewater and storm drains; water conveyance systems; streets and sidewalks, there shall be submitted to the City a bond, with corporate surety in the penal sum of an amount equal to the costs of such improvement, obligating the contractor and/or his bondsmen to keep such improvement in good repair for a period of not less than four years for paving and three years for all other improvements, from the date of acceptance, and indemnifying the City for the period against any loss or expense to which it may be subjected as a result of defective materials, installation or construction.
2. Letters of Credit. The owner or developer may submit a letter of credit in lieu of a performance bond for sidewalk, street trees and erosion control improvements. Said letter of credit shall be from any approved bank or savings and loan in a form approved by the City Attorney, which letter, among other things, shall comply with the following requirements:
A. Shall run in favor, of the City;
B. Be in an amount determined by the director of community development and approved by the Mayor and City Council to be sufficient to complete the improvements and installations in compliance with the regulations set forth in this chapter;
C. Be issued by any approved bank or savings and loan association within the County;
D. Specify that, in the event the owner or developer fails to complete the required improvements and installations within one year of the date of the approval of the plat, the bank or other assuring institution, shall pay to the City, upon demand, a sum sufficient to complete said improvements, or the face amount thereof, whichever amount shall be the lesser.
3. Filing Fees. Before a preliminary plat may be considered by the Commission, the subdivider or agents shall pay the City a fee established by resolution.
(Ord. 1805 – Apr. 14 Supp.)
4. Inspection Fee. The installation of all improvements required to be installed within any subdivision shall be inspected by competent inspectors furnished by the City. The City Engineer shall determine the type of inspections to be made and the hours needed to make such inspections. The actual cost, plus an overhead factor, incurred by the City shall be borne by the developer. The City shall keep a record of hours worked and shall bill such developer for such services monthly. In addition to the hourly rate paid for inspection services by the City, the City shall include an overhead charge. All charges incurred for inspection services by the City, as herein provided, shall be paid by the developer prior to acceptance of the improvements by the City. The City Council shall, by resolution, establish the hourly rate to be charged for such services, which rate shall be reviewed annually.
1. Variances and Modifications.
A. Whenever the tract to be subdivided is of such unusual topography, size or shape that the strict application of the requirements contained in the regulations codified in this chapter would result in substantial hardships, the Council, upon recommendation of the Commission, may vary or modify such requirements so that the subdivider is allowed to develop property in a reasonable manner; provided, such variance or modification will not have the effect of nullifying the intent and purpose of the subdivision regulations for the City or of interfering with carrying out the comprehensive plan. In no case shall any variation or modification be more than a minimum easing of the requirements, and in no instance shall it conflict with any zoning ordinance and map or reduce the traffic capacity of any street below that shown on the comprehensive plan.
B. Such variances and waivers may be granted only by the affirmative vote of two-thirds of the members of the Commission.
C. In granting variances and modifications, the Commission may require such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or modified.
D. Any variance of the underground installation requirements under Section 200.37(1) or variance of the storm detention ordinance may be authorized by the Council only after an affirmative vote of two-thirds of the members of the Plan and Zoning Commission.
2. Changes and Amendments. Any regulations or provisions in this chapter may be changed and amended from time to time by the Council; provided, however, such changes or amendments shall not become effective until after a public hearing has been held, public notice of which shall have been given in a newspaper of general circulation in the City at least fifteen days prior to such hearing.
3. Illegal Sale or Lease. Any persons who dispose of or offer for sale or lease any lots within the corporate limits before the plat thereof has been acknowledged and recorded, as provided in this chapter, shall forfeit and pay $50.00 for each lot and part of lot sold or disposed of, leased or offered for sale.