(A) Required. Pursuant to M.S. § 462.358, Subd. 2(b), as it may be amended from time to time, and except as otherwise provided in this section, the city requires all owners, developers and subdividers, as a prerequisite to the final approval of a plat, subdivision or development of any land, to convey to the city, or dedicate to the public use (as determined by the city), a reasonable portion of any such proposal for public use as streets, roads, sewers, electric, gas and water facilities, storm water drainage and holding areas or ponds, similar utilities or improvements, parks, playgrounds, trails and open spaces, all to be approved and acceptable to the city.
(B) Suitability of dedicated land. Any land to be conveyed or dedicated as a requirement of this section shall be suitable, in the city's discretion, for its proposed 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, tree cover, access and dedication.
(C) Park dedication requirements. Except as otherwise provided in this section, owners, developers and subdividers of land within the city shall be required to dedicate (or convey in the discretion of the city) to the city for park, playground and public open space purposes the following minimum amounts of land, cash, or both, whichever the city, at its option, shall require. The required dedication shall be made prior to the city's release of the final plat for filing. Owners, developers and subdividers may pay, however, the cash in lieu of park dedication at any time after the final plat has been approved by the City Council. The City Council may, but need not, allow any cash in lieu to be paid at the time of the issuance of building permits provided a letter of credit in the amount of the aggregate cash in lieu issued by a bank which can be drawn upon in the seven-county metropolitan area or such other financial security in a form acceptable to the City Attorney is provided by the developer or subdivider. The amount of any required cash contribution shall be calculated in the manner set forth in this section and shall be based on rates in effect as of the date of the release of the final plat for filing. For purposes of this division (C) words such as, but not limited to, TOTAL ACREAGE, SUBDIVISION AREA, THE PROPERTY IN THE PLAT, SUBDIVISION OR DEVELOPMENT, and THE PROPERTY BEING PLATTED whenever such words appear in this section or any resolution or policy adopted pursuant
thereto, shall mean the gross area of the plat, subdivision or development except any undeveloped outlot in a final plat will be required to make dedication pursuant to this section at such time as the outlot is developed, subdivided or platted in the future.
(1) Residential dedications.
(a) Land shall be dedicated pursuant to the following schedule, wherein density is calculated by considering the net developable acreage which is the gross acreage less existing road easements or existing road rights-of-way, surface waters, delineated wetlands, and 100-year floodplain areas of the entire plat, subdivision or development being considered. The dedication shall be subject to an increase over a base required dedication of 10% of the gross acreage, calculated based on an average density of three units per net acre consistent with the city's comprehensive plan.
Dwelling Units Per Acre
|
Dedication Requirement |
Dwelling Units Per Acre
|
Dedication Requirement |
Less than 3.01 | 10% of subdivision gross acreage |
3.01 to 4.00 | 10.25% of subdivision gross acreage |
4.01 to 5.00 | 10.50% of subdivision gross acreage |
5.01 to 6.00 | 10.75% of subdivision gross acreage |
6.01 to 7.00 | 11% of subdivision gross acreage |
7.01 to 8.00 | 11.25% of subdivision gross acreage |
8.01 and up | 11.50% of subdivision gross acreage |
(b) A cash contribution in lieu of land dedication may be required pursuant to the methodology determined in the city's park study, which indicates a cash dedication fee of $2,311 per residential unit.
(c) The city may require the subdivider or developer to make a combination cash and land dedication pursuant to the following formula:
1. The city shall determine the amount of land which would be required in accordance with this section.
2. From the total calculated under division (C)(1)(c)1., above, of this section, the actual amount of land the city determines to be needed to fulfill the purposes of this division (C)(1)(c) shall be subtracted.
3. The balance arrived at under division (C)(1)(c)2., above, of this section shall be converted into a cash contribution in lieu of land dedication pursuant to a formula by which the total number of residential units in the proposed development or subdivision is prorated over the amount of land under division (C)(1)(c)1, above, and the prorated portion of the residential units which would not be attributable to the land excluded under division (C)(1)(c)2., above, of this section are multiplied by the dollar amount per residential unit calculated under division (C)(1)(b), above. In a multi-phase development, the city may revise its calculation if the density approved in the preliminary plat is altered in later phases. The cash dedication fee calculated in the manner set forth in this subsection shall be revised in a multi-phase development as subsequent final plats are approved to adjust for changes in the cash dedication fee adopted by the city.
4. From the amount calculated under division (C)(1)(c)3., above, of this section, if the city agrees that the subdivider or developer shall install certain park improvements, the agreed upon value of such park improvements shall be deducted.
(d) In the event of a court decision overturning or reducing the cash dedication fees imposed, the city may, in the alternative, calculate the cash dedication fee under division (C)(1)(c)3., above, by multiplying the acreage determined in division (C)(1)(c)1., above, or division (C)(1)(c)2., above, by the fair market value of the land at the time of final plat approval, as determined by an appraiser retained by the city who is licensed to practice in the State of Minnesota. If there is a limited amount of sales data, the appraiser may consider sales in a reasonable area outside of the city.
(2) Commercial and industrial dedication requirements.
(a) Land dedication, if required, shall be 7.5% of the gross acreage of the plat, subdivision or development.
(b) If the city requires payment of fees in lieu of land dedication, that fee shall be based upon the same percentage set forth in division (C)(2)(a), above, multiplied by the acreage of the proposed plat, subdivision or development, the product of which shall be multiplied by an estimate of the fair market value of undeveloped commercial/industrial land in the city, which estimate shall be determined by an appraiser retained by the city who is licensed to practice in the State of Minnesota. If there is a limited amount of sales data, the appraiser may consider sales in a reasonable area outside of the city.
(c) If a combination of land and cash dedication is made, the land dedicated will be deducted from the total park dedication land requirement, and the balance of the required dedication acreage will be multiplied by the current City Council estimate obtained pursuant to division (C)(2)(b), above, to determine the amount of cash dedication.
(d) Any land dedicated in relation to a commercial/industrial land development shall reduce the overall amount of land required in the park study and any cash in lieu of park dedication for commercial/industrial land development shall be placed in the fund described in division (C)(4)(i), below, but shall be accounted separately and such funds shall be used in the city's sole discretion to either:
1. Reduce cash dedication for park purposes for residential development, or
2. Mitigate against future increases of cash dedication for park purposes for residential development.
(3) Other land use dedication requirements.
(a) For other land use classifications, including land use owned by a governmental subdivision, privately owned land that is intended to be maintained or developed so as to contain at least 90% of the gross subdivision in large park like areas opened to use by the public such as a golf course or privately owned land that is intended to be maintained or developed as a church and/or private school site land dedication shall be 7.5% of the gross acreage of the plat, subdivision or development, unless a waiver is obtained pursuant to §§ 152.045et seq. herein.
(b) If the city requires payment of fees in lieu of land dedication, that fee shall be based upon the same percentage set forth in division (C)(3)(a), above, multiplied by the acreage of the proposed plat, subdivision or development, the product of which shall be multiplied by an estimate of the fair market value of undeveloped institutional land of the type described in this subsection in the city, which estimate shall be determined by an appraiser retained by the city who is licensed to practice in the State of Minnesota. If there is a limited amount of sales data, the appraiser may consider sales in a reasonable area outside of the city.
(c) If a combination of land and cash dedication is made, the land dedicated will be deducted from the total park dedication land requirement, and the balance of the required dedication acreage will be multiplied by the current City Council estimate obtained pursuant to division (C)(3)(b), above, to determine the amount of cash dedication.
(d) Any land dedicated in relation to an institutional land development of the type described herein shall reduce the overall amount of land required in the park study and any cash in lieu of park dedication for institutional land development of the type described herein shall be placed in the fund described in division (C)(4)(i), below, but shall be accounted separately and such funds shall be used in the city's sole discretion to either:
1. Reduce cash in lieu of dedication for park purposes for residential development; or
2. Mitigate against future increases of cash in lieu of dedication for park purposes for residential development.
(4) Miscellaneous requirements. The following requirements apply to all dedications or conveyances for park, playground or public open space purposes:
(a) PRD open space requirements. Any open space included within a PRD shall not be given credit for park dedication purposes, it being a fundamental term of the city's PRD ordinance that additional open space within a PRD is one of the amenities provided by the owners, developers and subdividers in exchange for increased density and variance from certain provisions of the city's traditional residential zoning districts.
(b) Suitability of land. Land conveyed or dedicated pursuant to the provisions of this section must be located outside of steep slopes, wets or marginal soils, drainage ways, flood plains and ponding areas after the site has been developed.
(c) Installation of improvements. As part of their development contract or site plan responsibilities, owners, developers and subdividers shall be responsible for making certain improvements to the developments for park, playground and public open space purposes including, but not limited to, finished grading and ground cover for all park, playground and public open spaces within their developments.
(d) Sidewalks and trails. To ensure safe and efficient pedestrian access throughout the city, a concrete sidewalk or bituminous trail shall be constructed on at least one side of all streets within a proposed subdivision. Sidewalks and trails shall be located and constructed according to city specifications. The city at its sole discretion may modify the sidewalk or trail requirements on certain streets if the city finds there is limited public benefit or the city may exchange the requirement for the location of certain sidewalks or trails within the development for the construction of sidewalks or trails outside of the development that may link the new subdivision to existing neighborhoods and existing sidewalk and trail systems.
(e) Standards for location.
1. The Planning Commission shall develop and recommend to the City Council for adoption standards and guidelines for determining the geographic location of each park, playground and open space in a development.
2. Such standards and guidelines may take into consideration the zoning classification to be assigned to the land to be developed, the particular use proposed for such land, the amenities to be provided and the factors of density and site development as proposed by the owner, developer or subdivider.
3. The Planning Commission shall further recommend changes and amendments from time to time to such standards and guidelines to reflect changes in the usage of the land which may occur, changes in zoning classification and concepts, and changes in planning and development concepts that relate to the development and usages to which the land may be put.
(f) Planning Commission recommendations. The Planning Commission shall, in each case, recommend to the City Council the total area and location of such land the Planning Commission feels should be conveyed or dedicated within the development for park or playground purposes.
(g) Acquisition of sites proposed on official map or comprehensive plan. Where a proposed park, playground, open space or other recreational area has been indicated on the official map and/or comprehensive plan and is located in whole or in part within a proposed development or subdivision, such proposed site shall be designated as such and be dedicated (or conveyed) to the city.
(h) Density and open space requirements under zoning regulations. Land area so conveyed or dedicated for park, playground and public open space purposes may not be used by an owner, developer or subdivider as an allowance for purposes of calculating the density requirements of the development as set out in the city's zoning and subdivision ordinances and shall be in addition to and not in lieu of open space requirements for planned unit developments.
(i) Disposition of cash contributions. The City Council shall establish a separate fund into which all cash contributions received from owners, developers or subdividers in lieu of conveyance or dedication of land for park, playground and public open space purposes shall be deposited. The City Council shall establish separate budgeting and accounting procedures for such fund and shall, from time to time, make appropriation from such fund for acquisition of land for the purposes, for developing existing parks, and for equipping new and existing parks and open spaces. The amounts held in such fund shall not be used for maintenance of parks, but may be used for the construction of park improvements.
(5) Determination of land type. The determination of whether land is residential or commercial/industrial shall be based upon the zoning of the particular land for which the dedication is required. If the property is held in an open or agricultural land use, or the planning process is being conducted while the land is outside the corporate limits of the city, the zoning classification for the intended use shall be used for determining the park dedication requirements.
(6) Waivers. The park dedication requirement may be waived by the City Council in connection with lands described in divisions (a), (b) and (c), below, subject to the requirements of division (d), below, under certain circumstances which include:
(a) Land owned by a government or governmental subdivision and which land is or will be devoted to a public purpose.
(b) Privately owned land that is intended to be maintained or developed so as to contain at least 90% of the gross subdivision area in large park-like areas open to use by the public such as a golf course.
(c) Privately owned land that is intended to be maintained or developed as a church and/or private school site provided that the owner, developer or subdivider of such site constructs, at its own cost, on site park and open space improvements commensurate with the terms of this section.
(d) Prior to approval of any such waiver, the owner, developer or subdivider (public or private) must present to the city in recordable form a covenant running with the land satisfactory to the city wherein the owner, developer or subdivider agrees for itself, and its successors and assigns, to make park dedication for the land according to prevailing requirements at the time dedication is required in any of the following circumstances:
1. Whenever public lands or uses or portions thereof which are otherwise exempt become privately owned and do not or will not meet the 90% requirement set forth in this division, as measured at the time of the covenant;
2. Whenever more than 10% of the gross subdivision area of any privately owned property, as measured at the time of the covenant, becomes developed so as to prevent the public by design or implication from unrestricted access to the land; or
3. If the actual intended use of the land changes, so as to be inconsistent with the types of public activities and uses set forth in this subdivision.
(D) Trail corridor dedication and improvement.
(1) Required. Pursuant to M.S. § 462.358, Subd. 2(b), as it may be amended from time to time, and except as otherwise provided in this section, the city requires all owners, developers and subdividers, as a prerequisite to the final approval of a plat, subdivision or development of any land, to convey to the city, or dedicate to the public use (as determined by the city), a reasonable portion of any such proposal for public use as streets, roads, sewers, electric, gas and water facilities, storm water drainage and holding areas or ponds, similar utilities or improvements, parks, playgrounds, trails and open spaces, all to be approved and acceptable to the city.
(2) Suitability of land for trail corridors. Any land for a trail identified in the December 5, 2005, trail system fee study which is to be conveyed or dedicated as a requirement of this section shall be suitable, in the city's discretion, for its proposed use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of trail corridors shall include location, topography, geology, tree cover and access. The width of the trail corridors shall be determined by the city on a case-by-case basis.
(3) Trail dedication requirements. Except as otherwise provided in this section, the owner, developer and subdivider of land within the city shall be required to dedicate (or convey in the discretion of the city) to the city for trail purposes certain minimum amounts of land, cash, or both, whichever the city, at its option, shall require. If a trail corridor identified in the December 5, 2005, trail system fee study crosses any portion of the property to be platted, subdivided or developed, the trail corridor must be dedicated or conveyed (in the city's discretion) for trail purposes. The required dedication shall be made prior to the city's release of the final plat for filing. The owner, developer and subdivider may, however, pay the trail dedication fee at a time agreed upon with the city and specified in a developer's agreement after the final plat has been approved by the City Council.
(a) Residential dedications.
2. Dedication or conveyance. If any portion of a trail corridor identified in the December 5, 2005, trail system fee study crosses the land proposed to be platted, subdivided or developed, the city may require that a corridor width (to be determined by the city on a case-by-case basis) be either dedicated or conveyed (in the city's sole discretion) to the city and may require that the owner, developer or subdivider improve the portion of the trail corridor which is identified in the trail system fee study. The city may require the owner, subdivider or developer to make a combination cash and land dedication or conveyance in a situation where a portion of the trail identified in the trail system fee study would cross the property proposed to be platted, subdivided or developed pursuant to the following formula:
a. The trail corridor does not lie within or is not contiguous with a public right of way except a public right of way abutting the rear yard of any residence.
b. The city shall determine the amount of land which would be required in accordance with this section for trail corridor purposes.
c. If the owner, developer or subdivider conveys or dedicates a trail corridor to the city, the owner, developer or subdivider shall be entitled to a credit, such amount being based on land dedication values and credits established in the park dedication ordinance.
d. If the owner, developer or subdivider, in addition to dedicating or conveying the trail corridor identified in the trail system fee study, also constructs the improvements necessary for such trail, in addition to the credit against trail fees outlined in division (D)(3)(a)2.c., above, the owner, developer or subdivider shall be entitled to an additional credit in an amount equal to the actual costs of trail improvements constructed as approved by the City Engineer.
(b) Commercial and industrial dedication requirements.
(1) Cash contribution. The city may require a cash contribution for the acquisition and improvement of trail corridors identified in the December 5, 2005, trail system fee study pursuant to the methodology outlined in the trail system fee study which indicates a cash dedication fee of $.45 per foot of building floor area.
(2) Dedication or conveyance. If any portion of a trail corridor identified in the December 5, 2005, trail system fee study crosses the land proposed to be platted, subdivided or developed, the city may require that a corridor width (to be determined by the city on a case-by-case basis) be either dedicated or conveyed (in the city's sole discretion) to the city and may require that the owner, developer or subdivider improve the portion of the trail corridor which is identified in the trail system fee study. The city may require the owner, subdivider or developer to make a combination cash and land dedication or conveyance in a situation where a portion of the trail identified in the trail system fee study would cross the property proposed to be platted, subdivided or developed pursuant to the following formula:
a. The trail corridor does not lie within or is not contiguous with a public right of way except a public right of way abutting the rear yard of any business.
b. The city shall determine the amount of land which would be required in accordance with this section for trail corridor purposes.
c. If the owner, developer or subdivider conveys or dedicates a trail corridor to the city, the owner, developer or subdivider shall be entitled to a credit, such amount being based on land dedication values and credits established in the park dedication ordinance.
d. If the owner, developer or subdivider, in addition to dedicating or conveying the trail corridor identified in the trail system fee study, also constructs the improvements necessary for such trail, in addition to the credit against trail fees outlined in division (D)(3)(a)1., above, the owner, developer or subdivider shall be entitled to an additional credit in an amount equal to the actual costs of trail improvements constructed as approved by the City Engineer.
(c) Internal development trail requirements.
1. Nothing within this chapter shall be construed to limit the ability of the city to require internal trails or sidewalks within any land proposed to be platted, subdivided or developed. Such internal trails or sidewalks shall be dedicated or conveyed to the city (in the city's sole discretion) and all costs of such trail or sidewalk improvements shall be borne by the owner, developer or subdivider and shall not be subject to reimbursement from the city or credit against the trail fee imposed herein.
2. The city requires a trail or sidewalk to be constructed on at least one side of every street in each subdivision. Exceptions to this requirement shall be at the sole discretion of the city. A trail or sidewalk may also be required to be constructed between lots or across private property to connect trails or sidewalks at dead end streets or at midpoints within blocks exceeding 1,200 feet in length and to provide access to park improvements required in the subdivision.
3. The owner, subdivider or developer may construct either an eight feet wide bituminous trail or a five feet wide concrete sidewalk (according to city specifications) as required in division (D)(3)(c)2., above, except that the city may require bituminous trails in those corridors identified in the trail system fee study.
(d) General requirements. The following requirements apply to all dedications or conveyances for park, playground or public open space purposes:
1. Standards for location.
a. The Park Board shall develop and recommend to the City Council for adoption standards and guidelines for determining the geographic location of each trail, playground and open space in a development.
b. Such standards and guidelines may take into consideration the zoning classification to be assigned to the land to be developed, the particular use proposed for such land, the amenities to be provided and the factors of density and site development as proposed by the owner, developer or subdivider.
c. The Park Board shall further recommend changes and amendments from time to time to such standards and guidelines to reflect changes in the usage of the land which may occur, changes in zoning classification and concepts, and changes in planning and development concepts that relate to the development and usages to which the land may be put.
2. Park Board recommendations. The Park Board shall, in each case, recommend to the City Council the total area and location of such land the Park Board feels should be conveyed or dedicated within the development for park or playground purposes.
3. Acquisition of sites proposed on official map or comprehensive plan. Where a proposed trail has been indicated on the official map and/or comprehensive plan and is located in whole or in part within a proposed development or subdivision, such proposed site shall be designated as such and be dedicated (or conveyed) to the city.
4. Disposition of cash contributions. The City Council shall establish a separate fund into which all trail fees received from owners, developers or subdividers shall be deposited. The City Council shall establish separate budgeting and accounting procedures for such fund and shall, from time to time, make appropriation from such fund for acquisition of land for such purposes of developing trails. The amounts held in such fund shall not be used for maintenance of parks, but may be used for the construction of park improvements.
(Ord. 141, passed 7-7-1997, Ord. 141-B, passed 12-20-2004; Ord. 141-C, passed 12- -2005; Ord. passed 4- -2007)
Editor’s note:
Original § 3.12 of the ordinance creating this chapter was repealed and a new section was adopted on 12/20/2004 - Ordinance 141-B. Exception: The park dedication requirements shall not apply to any subdivision, plat or development which has received final plat approval from the city on or before December 31, 2004. Additionally, the dedication requirements of subsection (C) (1) of the ordinance creating this chapter shall not apply to the portion of the Winkler Crossing subdivision for which the city has an agreement with the developer to dedicate land and build an improved park.
Section 3. 12D was added in December 2005 - Ordinance 141-C. Exception: The residential dedication fee requirements of (3)(a) of the ordinance creating this chapter shall not apply to any subdivision, plat or development which has received final plat approval from the city on or before December 31, 2005.