§ 22.10  PARK DEDICATION.
   (a)   Findings and purpose. The City Council finds that the preservation and development of parks, recreational facilities, playgrounds, trails, wetlands and open space areas within the city are essential to maintaining a healthy and desirable environment for residents and persons employed within the city, and it also finds that the value and attractiveness of residential and commercial/industrial developments to land owners, developers, purchasers, employers and employees is significantly enhanced by the presence of such park and open space amenities.
      The City Council finds that development of land for residential, commercial and industrial purposes creates a need for park and recreational land and facilities within the city. The Council finds that residential development creates approximately 90% of this need and that commercial/industrial development creates approximately 10% of this need. M.S. § 462.358, subd. 2b, as it may be amended from time to time, provides that municipal regulations may require that a reasonable portion of any proposed be dedicated to the public or preserved for public use as parks, recreational facilities, playgrounds, trails, wetlands or open space, and that the municipality may alternatively accept an equivalent amount in cash.
      The City Council finds that it is appropriate that each development within the city contribute toward the city’s park system in proportion to the burden it will place upon that system. Therefore, these park dedication regulations are established to require new developments at the time of to contribute toward the city’s park system in rough proportion to the relative burden they will place upon that system.
   (b)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DEVELOPMENT EMPLOYEES. Refers to the approximate number of employees that will result from the proposed commercial/industrial development of the land being subdivided, and it is equal to the product of:
         (A)   The number of square feet of floor area of the structural improvements in the proposed commercial/industrial development; and
         (B)   The average number of employees per 1,000 square feet of floor area of the proposed type of development as shown on approved development plans (or for hotels, the average number of employees per hotel room), as reported by the Institute of Transportation Engineers in the publication Trip Generation.
      DEVELOPMENT RESIDENTS. Refers to the approximate number of residents that will result from the proposed residential development of the land being subdivided, and it is equal to the product of:
         (A)   The number of residential units in the proposed residential development as shown on the approved development plans; and
         (B)   The average number of residents for the type of residential unit in the , according to the most recent figures of the Metropolitan Council.
      PER CAPITA COMMERCIAL SHARE. Ten percent of the current fair market value of the city-owned parkland and park improvements, according to the most recent estimates of the City Assessor, divided by the current number of jobs within the city, according to the most recent annual figures of the State Department of Employment and Economic Development.
      PER CAPITA RESIDENTIAL SHARE. Ninety percent of the current fair market value of the city-owned parkland and park improvements, according to the most recent estimates of the City Assessor, divided by the current number of city residents, according to the most recent certified figures of the Metropolitan Council.
      PROPORTIONAL SHARE. A particular development’s proportional share of the burden for the city’s park system, as calculated under this section
      PROPOSED DEVELOPMENT. The physical development proposed on approved development plans for the site being subdivided.
      PUBLIC PARK EASEMENTS. Easements dedicated or preserved to the public, for public use for parks, recreational facilities, playgrounds, trails, wetlands or public open space.
      UNDEVELOPED LAND VALUE. The estimate of market value of the land included in the as of the date of approval of the , as calculated by the City Assessor.
   (c)   Basic rule.
      (1)   At the time of of land within the city, there must be dedicated or preserved to the public, for public use for parks, recreational facilities, playgrounds, trails, wetlands or public open space, land or or cash equivalent, equal in value to the lesser of:
         (A)   The of the city park system, as calculated under subsections (d) and (e) below; or
         (B)   Ten percent of the of the land being subdivided.
      (2)   The city shall have the option as to whether land, , or cash shall be dedicated to satisfy the dedication requirement. The cash payments shall be used for the acquisition and improvement of land for parks, recreational facilities, playgrounds, trails, wetlands or public open space, or as otherwise provided by statute. To determine the value of the land or being dedicated, the shall be used.
      (3)   In any which include , the subdivider may pay to the city the development’s for the entire , including the , or the development’s proportional share exclusive of the . When such are subdivided, the park dedication requirement for that area must be paid if not previously paid.
      (4)   In the event that the development’s cannot be determined due to the lack of an accompanying development proposal, the subdivider must dedicate or preserve land, or the cash equivalent for public use for parks, recreational facilities, playgrounds, trails, wetlands or public open space equal to the lesser of:
         (A)   Ten percent of the of the land being subdivided; or
         (B)   The maximum possible for the development under the applicable zoning district and comprehensive land use guide plan designation, as calculated pursuant to subsections (d) and (e) below.
   (d)   Calculation of development’s .
      (1)   Residential developments. A residential development’s is the product of the and the number of , less any credits allowed under subsection (e) below.
      (2)   Commercial/industrial developments. A commercial/industrial development’s is the product of the and the number of , less any credits allowed under subsection (e) below.
      (3)   Mixed use developments. A mixed use development’s is the sum of the for the residential portion of the development and the for the commercial/industrial portion of the development, less any credits allowed under subsection (e) below.
   (e)   Credits, final park dedication amount due.
      (1)   Credit toward the park dedication due shall be given for the actual amount of previous park dedication satisfied for the or proposed for development.
      (2)   If no records exist regarding the satisfaction of previous park dedication requirements, credit shall be given:
         (A)   For all buildings or residential units on the or proposed for development that were present and occupied within the five years prior to the approval; or
         (B)   In the case of vacant, platted single- or two-family residential , for the number of in existence prior to the .
      (3)   In the event that park dedication was previously satisfied for a larger land area than the or currently proposed for development, the previously satisfied park dedication amount shall be prorated on a per square foot basis to the or currently proposed for development.
      (4)   For the purpose of calculating credits, previous park dedication satisfied through cash equivalents shall be adjusted for inflation or deflation as measured by changes in the average Consumer Price Index reported through the online inflation calculator of the Federal Bureau of Labor Statistics. Previous park dedication values satisfied through land or easements shall be fully credited on a square foot basis.
      (5)   While credits may fully satisfy park dedication due, credits shall not result in refunds of park dedication previously satisfied.
(Ord. 2011-6, passed 2-28-2011)