(A) In accordance with the provisions of M.S. § 462.358, as it may be amended from time to time, or amendments thereto, the subdivider shall dedicate, to the public, lands for highway rights-of-way, street rights-of-way, utility easements, wetland easements, and similar lands required for perpetual and public improvements.
(B) The city finds it in the public interest and necessary to provide future parks, trails, and other public open and recreational spaces for the citizens of the city. As such, for every new subdivision of land involving three or more lots which are to be developed for residential purposes, the City Council, with the recommendation of the Planning Commission, shall require a payment or dedication to the city of any one of the following, to be reviewed on an annual basis at the beginning of each calendar year:
(1) A reasonable portion of a land dedication for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails, wetlands, or open space, up to 0.016 acres per resident expected in the proposed development, using the most recent average household size as determined by the State Demographer’s office and the U.S. Census Bureau;
(2) A payment of up to $416 per expected resident in the proposed subdivision, using the most recent average household size as determined by the State Demographer’s office and the U.S. Census Bureau; or
(3) A combination of land dedication and cash payment to the city for parks and open space purposes that reflects the values contained herein and in the city’s comprehensive land use plan.
(C) The amount of land and/or payment shall be set by the City Council, from the recommendation of the Planning Commission, after taking into consideration the open space, park, recreational, or common area facilities which the applicant proposes to reserve for public use within the subdivision. The city shall grant preference to payment in lieu of land dedication unless an area within the land to be platted has been identified by the city for park acquisition. The following factors shall be taken into consideration when reviewing potential lands for park dedication:
(1) The suitability of the land for its intended purpose;
(2) The future needs of the community regarding parks, trails, and open spaces;
(3) The amount of any fees imposed, consistent with the requirements and limitations contained in this section;
(4) Whether the land is adjacent to or near other public recreation lands;
(5) Whether there is an opportunity to extend an existing or proposed trail or to enlarge an existing or proposed park or recreational facility;
(6) Whether the land dedication would protect environmentally or historically significant or sensitive sites; and
(7) Whether the land dedication provides a unique public benefit or contains unique natural features.
(D) Where private open space for park or recreation purposes is provided in a conventional subdivision and such space is to be privately owned and maintained by the future residents of the subdivision or owners of the development, the Planning Commission may consider granting a credit for park dedication. A credit of up to 2.5% of the buildable area of the proposed open space may be given, provided that the following conditions are met:
(1) The land area designated as open space and used in the calculation of the 2.5% credit shall not include any area that is otherwise considered unbuildable, including, but not limited to, wetlands, steep slopes exceeding 12%, and the area within setbacks from property lines, required buffer zones, bluffs, and the ordinary high water mark, among others;
(2) The land area designated as open space within the development is not occupied by non-recreational buildings, such as maintenance or care taking buildings, and is available for use to all residents of the proposed subdivision;
(3) The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the development and which cannot be defeated or eliminated without the consent of the city; and
(4) The area required to obtain increased densities shall not be included in the computation of such private open space.
(E) For conservation subdivisions where the conservation parcel is publicly dedicated, there shall be no further dedication required. For conservation subdivisions where the conservation parcel is not publicly dedicated, the fee calculated in this section shall be reduced by 50% due to the permanent preservation of open space.
(F) Funds received by the city, in lieu of land dedication, shall be placed in a special fund in accordance with M.S. § 462.358, Subd. 2b, as it may be amended from time to time.
(G) All land dedication pursuant to this chapter shall be conveyed to the city through a warranty deed drafted by the City Attorney.
(Ord. 2016-03, passed - -)