Subd. 1. As a prerequisite to subdivision approval, a subdivider shall dedicate land for parks, playgrounds, public open spaces or trails, and/or shall make a cash contribution to the city’s park development fund roughly related to the anticipated effect of the subdivision on the park and trail system.
Subd. 2. The applicant shall confer with city staff and the Park Committee to secure a recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The preliminary plat or simple subdivision shall show the location and dimensions of all areas to be dedicated in this manner. Such contribution requirement recommendation(s) will be sent to the City Council for their approval.
Subd. 3. When a subdivision is proposed, the developer shall make a dedication of land for public park and trail use, as provided for below, or shall pay a fee in lieu of such land dedication as established by City Council ordinance. Said amount is the city’s best estimate of the effect of the subdivision on the city’s park system.
1. In all new residential subdivisions, 10% of the area subdivided shall be dedicated for public recreation space.
2. In all new commercial and industrial subdivisions, 4% of the area subdivided shall be dedicated for public recreation space.
3. The 10% land area shall be calculated on the net area, which is the gross area of the subdivided property minus the area of wetlands, lakes, and rivers below the ordinary high water mark.
4. The land dedicated for public recreation shall be in addition to property dedicated for streets, alleys, easements, or other public ways.
5. No areas may be dedicated for public use until such areas have been approved by the City Council.
Subd. 4. The city may elect, at its sole discretion, to receive a cash dedication or a combination of cash, land, and development of the land for park and/or trail use. Cash dedications shall be calculated based upon the following:
1. At the time of subdivision, a calculation will be conducted to determine the average fair market value of the land to be subdivided, based on annual tax valuation or other relevant data. The average fair market value of the land will be multiplied by the appropriate dedication percentage. The result of this calculation is equal to the total cash value of the park dedication for the project. The formula is outlined as follows:
Average Fair Market Value of Land to be Subdivided x Percent of Land to be Dedicated = Total Cash
Value of Park Dedication for the Subdivision
2. The value of the land dedication, if any, is determined based upon the following formula:
Total Land Dedication Acres x Cash Value of Park Dedication for the Subdivision = Dedicated Land
Value
3. To determine the combined land cash dedication requirement, the following formula should be used:
Total Cash Value of Park Dedication for the Subdivision - Dedicated Land Value = Cash Dedication
Requirement
Subd. 5. Park cash contributions are to be calculated and established based on land value at time of final plat. Cash dedications shall be included in the development agreement and paid prior to the city’s signature and release of the final plat. For subdivisions that do not require a development agreement, the cash dedication shall be paid before the city releases the signed approval of the subdivision for recording.
Subd. 6. Cash contributions for parks and trails shall be deposited in the city’s Park Development Fund and shall only be used for park acquisition or development, and trail acquisition or development as determined by the city.
Subd. 7. Land shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location, and future park needs pursuant to the Comprehensive Plan. Wetlands, ponding areas, and drainage ways shall not be eligible for park dedication credit. Park land to be dedicated shall be above the ordinary high water level. Grades exceeding 12% or areas unsuitable for park development will not be considered for dedication unless specifically accepted by the City Council for an intended public purpose. Land with trash, junk, pollutants, and/or unwanted structures is not acceptable.
Subd. 8. When a proposed park, playground, recreation area, school site, or other public ground has been indicated in the city’s Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the appropriate governmental unit. If the applicant elects not to dedicate an area in excess of the land required hereunder for such proposed public site, the city may consider acquiring the excess land through purchase or other means.
Subd. 9. If a new subdivision is designed to be platted in several additions, all public recreation space, school sites, or other public use lands in the total subdivision area, except streets, alleys, or easements other than those leading directly to the sites, shall be dedicated at the time of platting of the first addition unless otherwise approved by the City Council. Areas to be dedicated shall be brought to a suitable condition by the developer prior to acceptance by the city.
Subd. 10. Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the City Council, against the land or cash dedication requirement for park and recreation purposes, provided the City Council finds it is in the public interest to do so.
Subd. 11. Property being replatted with the same number of lots and same number of dwelling units shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units or principal structures is increased, or if land outside of the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional units/lots and on the additional land being added to the plat.
Subd. 12. If the applicant or developer does not believe that the estimates contained in this section fairly and accurately represent the effect of the subdivision has 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 such study shall be paid by the developer or applicant. If the developer requests the preparation of such a study, no application for the development shall be deemed complete until the study has been completed and a determination is made as to the appropriate amount of land or money necessary to offset the effects of the subdivision.