(a) General. Dedication may be accomplished by dedication to and acceptance of suitable land by the city or by payment of a fee-in-lieu of dedication.
(b) On-site dedication. For single family or duplex residential subdivisions, on-site dedication must be shown on the preliminary and final plat. For multifamily or hotel and motel uses, on-site dedication must be shown on the development plan or other plan submitted with a building permit application.
(c) Off-site dedication. Off-site dedication must be evidenced by a deed to the city that has been accepted by the director.
(d) Deferral. Payment of the fee-in-lieu may be deferred from the time of platting to the time of issuance of building permits.
(e) Dedication calculation. The following formula applies to determine the amount of land required to be dedicated.
(1) For a single family or duplex residential development:
One acre per 100 dwelling units. Less than 100 dwelling units on a pro rata basis.
(2) For a multi-family development:
One acre per 255 single bedroom dwelling units. Less than 255 dwelling units on a pro rata basis.
One acre per 127 two bedroom or greater dwelling units. Less than 127 dwelling units on a pro rata basis.
For a college dormitory, fraternity, or sorority house, one acre for 255 sleeping rooms. Less than 255 sleeping rooms on a pro rata basis.
(3) For a hotel or motel use development:
One acre per 233 guest rooms. Less than 233 guest rooms on a pro rata basis.
(f) Single family and duplex development. For single family or duplex developments, park land dedication may occur at either the subdivision or permitting phase. Dedication is only required once.
(1) Residential subdivision.
(A) Unless dedication has been deferred to the permitting phase, final approval of a single family or duplex residential subdivision plat requires at least one of the following to satisfy the requirements of Subsection (e) of this section including any credits or off-sets authorized pursuant to Section 51A-4.1007
(i) For park land dedicated within the subdivision, a fee simple dedication on the subdivision plat of the required park land approved by the director.
(ii) For park land dedicated outside the subdivision, evidence of recording in the appropriate real property records of a general warranty deed of the required park land approved and accepted by the director.
(iii) For land platted as a private park, the land must be identified on the plat.
(iv) Confirmation of deposit into the park land dedication fund of the fee-in-lieu of dedication in the amount established pursuant to Section 51A-4.1005.
(B) Land established as a private park for the purposes of this section may not be replatted to change the designation without the approval of the city plan commission. The city plan commission shall not approve a replat that would change the designation unless it determines that:
(i) alternative private park land that satisfies the requirements of this subsection is identified within the original subdivision that meets the dedication requirement; or
(ii) park land dedication require ments are met with an off-site dedication or fee-in-lieu meeting the requirements of this division.
(C) For phased plats, park land dedication plats may only be accepted for the active phase.
(2) Residential building permit. Issuance of a building permit for a single family or duplex development requires at least one of the following to satisfy the requirements of Subsection (e) of this section including any credits or off-sets authorized pursuant to Section 51A-4.1007:
(A) For dedicated park land, evidence of recording in the appropriate real property records of a general warranty deed for the required park land approved and accepted by the director; or
(B) Confirmation of deposit into the park land dedication fund of the fee-in-lieu of dedication in the amount established pursuant to Section 51A-4.1005.
(C) For private park land and publicly accessible private park land, the final plat must be filed or an instrument acceptable to the city attorney must be filed in deed records.
(g) Multifamily and hotel or motel use developments. Issuance of a building permit for a multifamily or hotel or motel use development requires at least one of the following to satisfy the requirements of Subsection (e) of this section including any credits or off-sets authorized pursuant to Section 51A-4.1007:
(1) For dedicated park land, evidence of recording in the appropriate real property records of a general warranty deed for the required park land approved and accepted by the director;
(2) Identification of the required amount of private park on the preliminary and final plats or development plan if applicable; or
(3) Confirmation of deposit into the park land dedication fund of the fee-in-lieu of dedication in the amount established pursuant to Section 51A-4.1005.
(h) Minimum size. If the calculation in Subsection (e) of this section results in less than one acre, the director may require the developer to pay the fee-in-lieu of land dedication as provided in Section 51A-4.1005. The director may approve the dedication of less than one acre of property if the proposed park meets or addresses a need in the park system or presents an opportunity to enhance the city parks system as recommended by the comprehensive plan. (Ord. 30934, eff. 7/1/19)