Dedication or Cash Payment. The following provisions have been established and are applicable to all subdivisions to conserve and preserve areas of natural beauty such as marshes, wetlands, woods, streams and ponds, and to establish public parks, public trails, playgrounds, and open spaces within appropriate areas of the City:
A. An area equal to not more than 10% of all subdivisions located within SR zoning districts, 5% of all subdivisions located within RR zoning districts and 2.5% of subdivisions located within CR, HR, CS, LI, and C/I zoning districts shall be dedicated for public uses including parks, trails, playgrounds, woodlands, and open spaces in locations to be determined by the City Council. Dedicated lands shall be suitable for public use as determined by the City Council. The City may accept cash in lieu of land dedication. The City shall not be required to accept land that is not suitable for the desired public use or would require extensive public investment to accommodate such public use. Nothing shall prevent the City from accepting more than the minimum percentage of dedicated land prescribed in this Section. Any land to be publicly dedicated shall be designated as an "Outlot" on the subdivision plat and ultimately conveyed to the City by warranty deed. The costs of such conveyance and title review shall be that of the subdivider. The boundaries of all lands so dedicated shall be properly marked by monuments as required by this Chapter and the City Engineer.
B. The City shall have the option to require a cash contribution in lieu of dedication pursuant to the preceding paragraph or to require a portion of the land and a cash contribution in lieu of the balance thereof. Any such cash contribution shall be allocated on a per lot basis, based upon the estimated market value of the same or similar lands as determined annually by the City Council in consultation with the Anoka County Assessor. Such cash payment must be received by the City Clerk prior to final approval of the subdivision.
[§ 8-714, amended by Ord. No. 01-08, effective January 17, 2002, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 08-02, effective March 6, 2008.]