(A) Except as provided below, the final plat of a residential subdivision must show that the subdivider has dedicated to the city a cash or land donation equal to:
(1) Eleven percent of the area of the land proposed to be subdivided into parcels of one-half acre or smaller;
(2) Seven and one-half percent of the area of the land proposed to be subdivided into parcels larger than one-half acre and not larger than one acre;
(3) Five percent of the area of the land proposed to be subdivided into parcels larger than one acre and not larger than three acres; and
(4) Two and one-half percent of the area of the land proposed to be subdivided into parcels larger than three acres and not larger than five acres.
(B) A park dedication is not required for:
(1) Land proposed for subdivision into parcels larger than five acres;
(2) Subdivision into parcels that are all non-residential;
(3) A subdivision in which parcels are not created, except when that subdivision provides permanent multiple spaces for recreational camping vehicles, mobile homes, condominiums or townhomes/townhouses;
(4) Subdivisions which will create only one additional parcel; or
(5) Minor subdivisions.
(C) (1) The City Council, in consultation with the subdivider and the Planning Board or Park Board that has jurisdiction, may determine suitable locations for parks and playgrounds and, giving due weight and consideration to the expressed preference of the subdivider, may determine whether the park dedication must be a land donation, cash donation or a combination of both.
(2) When a combination of land donation and cash donation is required, the cash donation may not exceed the proportional amount not covered by the land donation.
(D) The land dedicated for park use may be inside or outside the boundaries of the proposed subdivision.
(E) The City Council will waive the park dedication requirement if it determines that:
(1) The preliminary plat provides for a planned unit development or other development with land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the development; and the area of the land and any improvements set aside for park and recreational purposes equals or exceeds the area of the dedication required under division (A) above;
(2) The proposed subdivision will provide for the long-term protection of critical wildlife habitat; cultural, historical or natural resources; agricultural interests; or aesthetic values; and by virtue of providing this long-term protection, will result in the reduction of the area of the land proposed to be subdivided by an amount equal to or exceeding the area that would have had to be dedicated under division (A) above;
(3) The area of the land proposed to be subdivided, by virtue of a combination of the provisions of this division (E), is reduced by an amount equal to or exceeding the area of the dedication required under division (A) above; or
(4) The subdivider provides for land outside of the subdivision to be set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision; and the area of the land and any improvements set aside for park and recreational uses equals or exceeds the area of dedication required under division (A) above.
(F) The City Council may waive the park dedication requirement if:
(1) The subdivider provides land outside the subdivision that affords long-term protection of critical wildlife habitat, cultural, historical or natural resources, agricultural interests, or aesthetic values; and
(2) The area of the land to be subject to long-term protection, as provided in division (F)(1) above, equals or exceeds the area of dedication required under division (A) above.
(G) Subject to the approval of the City Council and acceptance by the school district trustees, a subdivider may dedicate a land donation provided under division (A) above to a school district, adequate to be used for school facilities or buildings.
(H) The City Council will administer funds dedicated to the public under this subchapter in accordance with MCA § 76-3-621(5).
(I) For the purposes of this subchapter,
CASH DONATION means the fair market value of the unsubdivided, unimproved land.
(Prior Code, § 11.02.060.240) (Ord. 151, passed 6-20-2016)