(A) Requirement. As a prerequisite to final plat approval, and at the sole determination by the city, applicants and/or developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the city's Park and Trail Fund roughly related to the anticipated effect of the plat on the park and trail system. The amounts listed in this section are the city's best estimate of the dedication or cash contribution needed to offset the effect on those systems. The requirement may also be satisfied with a combination of land and cash if approved by the City Council.
(B) Land eligibility.
(1) The land dedicated for parks and trails shall be in addition to property dedicated for streets, alleys, easements or other public ways. Land to be dedicated shall be reasonably suitable for its intended use as determined by the city and shall be at a location convenient to the public 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.
(2) To be eligible for park dedication credit, land dedicated is to be located outside of drainageways, wetlands, floodplains or ponding areas. Grades exceeding 12% or areas unsuitable for park development shall not be considered for dedication as defined by the City Engineer. Park land to be dedicated shall be above the ordinary high water level as approved by the City Engineer.
(3) Land area conveyed or dedicated to the city shall not be used in calculating density requirements of the city zoning regulations and shall be in addition to and not in lieu of open space requirements for planned unit developments.
(4) Where private open space for park and recreation purposes is provided in a proposed subdivision, the areas shall not be used for credit against the requirement of dedication for park and recreation purposes, unless the City Council finds it is in the public interest to do so.
(5) The park and/or trail dedication requirements of this section shall be in addition to, and not in lieu of, sidewalk installation requirements of the city.
(C) Applicant conference. The applicant shall confer with city staff and the Parks Commission at the time the preliminary plat is under consideration 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 for recreational use. The preliminary plat shall show the location and dimensions of all areas to be dedicated in this manner. The contribution requirement recommendation(s) will be sent to the Planning Commission for review and comment and subsequently to the City Council for its approval.
(D) Consistency with plans.
(1) When a proposed park, playground, recreational area or other public ground has been indicated in the city's official map, Comprehensive Plan or Parks and Trails Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the city. If the applicant elects not to dedicate an area in excess of the land required hereunder for a proposed public site that the city feels is in the public interest to acquire, the city may consider acquiring the excess land through purchase or condemnation.
(2) All land proposed for trail dedication shall be subject to recommendations of the Parks Commission and approval by the City Council. The lands shall also correspond and conform with the city's Parks and Trails Plan.
(E) Dedication requirements. The city, upon consideration of the particular type of development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In those cases, a cash contribution shall be required above the land dedication to ensure that compensation is received for the full amount of the impact on the city's park and trail system.
(1) Land dedications. In all new subdivisions where land dedication is to be required, 10% of the gross area subdivided, or a different percentage as the City Council determines necessary as a result of the subdivision approval, shall be dedicated for public parks, trails or open space.
(2) Cash contributions. When a subdivision is proposed, the developer shall make a land dedication for public park use, or the city may require a fee in lieu of the land dedication as follows, which are the city's best estimate of the effect of the subdivision on the city's park system.
Fee in Lieu of Land Dedication | |
Residential development | $1,400 per dwelling unit |
Commercial development | $3,000 per gross acre |
Industrial development | $2,000 per gross acre |
(3) Combined land dedication/cash contributions. The city may elect at its sole discretion to receive a combination of cash, land and development of the land for park and/or trail use. Combined park land and cash dedications shall be calculated based upon the following procedure.
(a) Residential developments.
STEP ONE: Determine maximum number of units possible within the development without park land dedication: |
Net acres x average density = number of units |
STEP TWO: Determine maximum cash contribution which could be received without park land dedication: |
Number of units/lots (from Step 1) x $1,400 = maximum cash contribution |
STEP THREE: Determine percentage of park land dedication: |
Acres to be dedicated + total land dedication requirement = percent of land dedication |
STEP FOUR: Determine balance of cash fee: |
Maximum cash contribution (from Step 2) x percent of land dedication (from Step 3) = balance of cash fee |
(b) Commercial and industrial developments.
STEP ONE: Determine maximum cash contribution which could be received without park land dedication: |
Net acres x commercial or industrial charge per acre = maximum cash contribution |
STEP TWO: Determine percentage of park land dedication: |
Acres to be dedicated + total land dedication requirement = percent of land dedication |
STEP THREE: Determine balance of cash fee: |
Maximum cash contribution (from Step 1) x percent of land dedication (from Step 2) = balance of cash fee |
(4) Planned unit developments. Planned unit developments with mixed land uses shall make cash and/or land contributions in accordance with this section based upon the percentage of land devoted to the various uses.
(5) Cash payment requirements.
(a) Park cash contributions shall be calculated and established at the time of final plat approval. The City Council may require the payment at the time of final plat approval or at a later time under terms agreed upon in the development agreement. Delayed payment shall include interest at a rate set by the city.
(b) Cash contributions for parks and trails shall be deposited in either the city's Park Fund or Trail Fund and shall only be used for park acquisition or development, and trail acquisition or development as determined by the city. Additionally, the funds may be utilized anywhere within the city park and trail systems.
(6) Replatted property. 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 is increased, or if land outside the previously recorded plat is added, then the park land dedication and/or park cash contribution shall be based on the additional lots and on the additional land being added to the plat. If the additional land does not create additional lots, then each one-third acre added shall be considered a new lot for purposes of calculating the dedication requirements.
(7) Park maintenance. When land is dedicated and deeded to the city for park purposes, it shall be the responsibility of the city to maintain the dedicated property.
(8) Platting requirements. Land dedication to the city shall be in the form of outlots and shall provide adequate public access (as determined by the city).
(9) Request for park study. If the applicant or developer does not believe that the estimates contained in this section fairly and accurately represent the effect of the subdivision 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 the study shall be borne by the developer or applicant. If the developer or applicant requests the preparation of a study, the request must be made at the time the development application is submitted. The city shall provide the applicant or developer written notice that the application for development that is submitted shall be deemed incomplete until the requested 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.
(Prior Code, § 12-8-1) (Ord. 259, passed 5-4-2006)