(A) Public sites and open spaces. Where a proposed park, playground, or other public site shown on the adopted comprehensive plan or official map is embraced in part or in whole by a boundary of a proposed subdivision, and such public sites are not dedicated to the city, such public ground must be shown as reserved land on the preliminary plat to allow the city the opportunity to consider and take action toward acquisition of such public ground or park by purchase or other means prior to approval of the final plat.
(B) Park land dedication.
(1) In every plat, replat or subdivision of land allowing development for residential, commercial, industrial, or other uses or combination thereof, or where a waiver is granted, a reasonable portion of such land and/or cash must be set aside and dedicated by the tract owner or owners to the general public as open space for park and playground purposes, public open space for park and playground purposes, public open space or public ponds, except where adjustment to lot lines do not create additional lots.
(2) A minimum of ten percent of the buildable land to be used for residential, multiple-family residential, or uses other than commercial business or industrial purposes, is deemed a reasonable portion. BUILDABLE LAND means the gross acreage of all property in the proposed plat or subdivision excluding wetlands designated by federal or state agencies and those classified by the Wetland Conservation Act. The land must be suitable for public use as parks and playgrounds or for one of the aforedescribed purposes and the city is not required to accept land which will not be usable for parks and playground or which would require extensive expenditures on the part of the public to make them usable. The city has the option to require cash contribution in lieu of setting aside dedicated land or in requiring a part of the land as a parkland dedication and the balance of the land value in cash. Any such cash contribution will be a set amount determined annually based on a minimum of ten percent of the total fair market land value of the land within such plat, replat, waiver or subdivision, for residential and multiple-family residential uses. The amount is then established by equating the fair market value to a per unit fee based on the net density. In establishing the amount of land to be dedicated or preserved or the amount of the cash contribution, the city will give due consideration to the open space, recreational, or common areas and facilities proposed by the applicant to be open to the public.
(3) Any park dedication money so paid to the city must be placed in a special fund. The money shall be used only for:
(a) The acquisition of land for parks and playgrounds;
(b) Development of existing park and playground sites or facilities;
(c) Redevelopment or rehabilitation of existing park and playground sites or facilities; or
(d) Debt retirement in connection with land previously acquired for parks and playgrounds.
(4) The city must require a minimum cash park dedication for commercial or industrial plats or waivers of 5% of fair market land value. However, where the City Council deems it in the public interest (i.e. comprehensive plan or flood plain ordinance), it may require a minimum land dedication of five percent of the commercial or industrial land to be subdivided in lieu of a cash dedication. The lands must be indicated on the city's comprehensive plan or amendments, or must be designated on specific area plans for flood plain preservation, parks, trails, public open space or any combination thereof.
(5) Any lands which obtain a waiver of the subdivision requirements are subject to these regulations for the land being subdivided.
(6) Park dedication determinations (cash or land) are made by the city at the time of presentation of preliminary plats. If land is the required contribution, the property must be deeded to the city at the time of final plat approval. If cash in lieu of land is required, the amount will be determined upon the amounts set forth in this chapter in place at the time of application for final plat and paid as a part of the approval of the final plat.
(7) For purposes of this section,
FAIR MARKET LAND VALUE is defined as the market value of the land within such plat, replat, or subdivision as of the date the preliminary plat, replat, or subdivision is presented to the City Council for approval. The City Assessor must establish values in the same manner as the Assessor determines the market value of the land for tax purposes, excluding, in determining such value, all value added to such land by improvements other than utilities, streets, and other public improvements serving such land, but including in such determination the highest and best use for which the land can be used under the existing zoning districts.
(8) The city must annually review the here and after stated fees and determine that they are consistent with current “fair market land values.” The required park dedication fees must be established after review of current values by the City Assessor, who must advise the City Council of current values for the different zoning classifications.
(9) Land areas dedicated as park land must be based on the comprehensive plan, the Mississippi River Critical Area Plan, or subsequent localized planning studies.
(10) Upon the advice of the City Assessor, the park dedication fees are as established by the fee resolution set forth as an Appendix to this code.
(11) Park land dedication or a cash contribution is not required on an existing residential parcel that is being subdivided if park land dedication on the parcel has previously been satisfied or if a house will remain on the parcel after it has been subdivided. Park land dedication or a cash contribution will be required for any new lots created by the subdivision.
('72 Code, § 345:59) (Ord. 1977-233(A), passed 1-10-77; Am. Ord. 1992-705, passed 9-14-92; Am. Ord. 1996-801, passed 3-25-96; Am. Ord. 1998-887, passed 8-10-98; am. Ord. 1999-905, passed 10-11-99; Am. Ord. 2001-961, passed 11-26-01; Am. Ord. 2005-1040, passed 6-6-05; Am. Ord. 2006-1061, passed 7-24-06) Penalty, see § 10.99