(A) Parkland dedication.
(1) Dedication required. As a condition of subdivision approval, the subdivider shall dedicate to the public a portion of any proposed subdivision for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails, wetlands, or open space. In lieu of the conveyance of all or a portion of dedicated land for park purposes as provided above, the city may require and the subdivider shall pay, in the city's sole discretion, a cash payment to the city in an amount equal to the fair market value of the land to be dedicated at the time of the final approval of the proposed subdivision.
(2) Suitability. The portion of any proposed subdivision which is proposed to be dedicated shall be reasonably suited for its intended use and shall be at a location convenient to the public.
(3) Area to be dedicated.
(a) Areas to be shown on the preliminary plat. When a proposed park, trailway, ponding or open space area, as shown on the city's comprehensive guide plan, park development guide, comprehensive storm sewer plan or official map, is located in the whole or in part in a proposed subdivision, the area or areas shall be shown on the preliminary plat. The area or areas shall also be dedicated to the city by the subdivider if the dedication is required under the provisions of this section.
(b) Previous subdivisions. When the property proposed to be subdivided has been previously subdivided and a land or cash in-lieu-of-land dedication was made at the time of the original subdivision, no additional dedication shall be required if the new subdivision does not result in an increase in the number of residential dwelling units or amount of commercial building area. If the number of residential dwelling units or amount of commercial building area increases, then the dedication shall be based on the amount of increase from the original subdivision.
(c) Amount to be dedicated.
1. The amount of land that shall be dedicated under this section shall be consistent with the city's comprehensive guide plan (parks chapter) and in accordance with the following standard:
The amount of land to be dedicated shall satisfy the parkland standard of 0.00955 acres per resident and shall be based on the number of residents expected to reside in the dwelling units to be constructed within a residential subdivision. In the case of subdivisions of property proposed to be used for purposes other than residential, the amount of land area to be dedicated shall be based on the number of employees expected to work in the commercial buildings to be constructed within the subdivision, with each employee equating to a fractional resident as follows: each retail, service, office, or institutional employee = 0.25 resident; each industrial employee = 0.1 resident. The number of residents in each category of dwelling unit and the number of employees in each category of non-residential building is based on data compiled by the city and is as follows:
Detached single family | 3.2 persons per dwelling unit |
Attached single family | 2.1 persons per dwelling unit |
Multiple family | 1.7 persons per dwelling unit |
Retail or service | 2 employees per 1,000 square feet of building area |
Office | 3 employees per 1,000 square feet of building area |
Institutional | 1 employee per 1,000 square feet of building area |
Industrial | 1 employee per 1,000 square feet of building area |
2. No credit shall be granted for the private construction of recreational facilities within the lands dedicated for public use unless a specific agreement granting credit is approved by the City Council.
3. Dedication credit may be granted for the construction of recreational facilities within the subdivision if the city determines that the existence of such facilities will relieve the city from constructing such similar facilities in order to achieve the city's adopted standards for park and recreational amenities.
(d) Subdivider's dispute of dedication cash fee. If the subdivider disputes the amount of the proposed cash payment in lieu of the land dedication, the subdivider may challenge the same pursuant to requirements in M.S. Chapter 462.
(B) Stormwater retention and infiltration basins/ponds dedication.
(1) Stormwater ponding areas, including wetlands, stormwater retention or infiltration basins needed as a part of the overall city storm drainage plan, shall be dedicated as land or easement at the option of the city and as accepted by the city.
(2) Owners or subdividers shall be required, as a prerequisite to approval of a plat or subdivision, to dedicate, as land or easement for ponding, a minimum of 5% of the gross area to be platted or subdivided. Additional area shall be dedicated to accommodate any increase in either the rate or volume of stormwater runoff above the levels established in the Master Stormwater Plan adopted by the city.
(C) General dedication requirements.
(1) Timing of land dedication. If a new subdivision is designed to be platted into more than one addition, all park and other public use lands contemplated under this section in the total subdivision area, except streets, alleys or easements other than those leading directly to the sites, shall be dedicated by the time of approval of the final plat for the first addition unless otherwise approved by the City Council. All other lands contemplated to be dedicated under this division shall be dedicated by the time of final plat approval by the City Council.
(2) Condition of areas to be dedicated. Areas to be dedicated for public park, trail or ponding shall be brought to a suitable condition by the subdivider prior to acceptance by the city. All dead trees, trash, junk, unwanted structures or similar undesirable elements shall be removed by the owner at his or her expense. On grades or exposed areas which are not sodded, lawn grass seed shall be sown at not less than four pounds to each 1,000 square feet of land area. In the spring, the seed shall be sown between March 15 and May 15; and in the fall, the seed shall be sown between August 15 and September 30. The seed shall consist of a maximum of 10% rye grass by weight and a minimum of 90% of permanent bluegrass and/or fescue grass by weight. All seed shall have been tested for germination within one year of the date of seeding and the date of testing shall be on the label containing the seed analysis. Between October 1 and March 15, and between May 15 and August 15, the applicant shall submit an agreement in writing signed by the developer that respreading of soil and seeding of lawn will be done during the immediate following planting season as set forth in this section and provide a performance bond to guarantee the seeding. The condition shall also be in accordance with the city's resolution on condition of acceptance of public parks in Apple Valley.
(3) Title and survey requirements.
(a) Lands so dedicated shall be accompanied by a certificate of survey or shall be designated as a lot or outlot on the plat as determined by the city.
(b) Further, the lands shall be free and clear of all liens and encumbrances including special assessments as evidenced by an up-to-date abstract of title or registered property abstract to be submitted at developer's cost to the city for its examination.
(c) The dedication shall be in the form and manner as prescribed by the City Attorney.
(‘81 Code, § B1-21) (Ord. 293, passed 4-21-83; Am. Ord. 766, passed 1-27-05)