§ 154.192  PARK LAND DEDICATION REQUIREMENTS.
   (A)   Purpose and findings.
      (1)   M.S. § 462.358, subd. 2b, as it may be amended from time to time, provides that municipal subdivision regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public, or preserved for conservation purposes or for public use as parks, playgrounds, trails, wetlands or open space, and that the municipality may alternatively accept an equivalent amount in cash.
      (2)   The City Council finds that:
         (a)   The preservation and development of parks, playgrounds and open space areas within the City are essential to maintaining a healthy and desirable environment for residents and persons employed within the City. Further, the value and attractiveness of residential and commercial/industrial developments to landowners, developers, purchasers, employers and employees is significantly enhanced by the presence of the parks and open space amenities;
         (b)   New developments place a burden upon the City’s parks and open space system. New facilities must be developed concurrently with development in order to maintain the current level of service and the quality of the environment for all. Therefore, new developments shall be required to contribute toward the City’s park system in rough proportion to the relative burden they will place upon the park system, in order to maintain the existing level of service to the community;
         (c)   Residential development of land creates approximately 90% of the need for park and recreational land and facilities within the City;
         (d)   Commercial/industrial development of land creates approximately 10% of the need for park and recreational land and facilities within the City; and
         (e)   Development of land for schools creates additional demand on the City’s park and recreational land and facilities, to the extent that the school serves students who do not live within the City.
   (B)   Dedication required.
      (1)   At the time of subdivision, the developer shall dedicate land for public use as parks, playgrounds, recreation facilities, trails or public open space, in an amount equal to the development’s proportional share of the City park system. Any land dedicated shall be in a location and of a character consistent with and suitable for meeting the needs identified by the City’s Comprehensive Plan. Generally, land located within floodplains and/or wetlands shall not be accepted to meet the proportional share of required land dedication. The City may consider accepting ownership of these lands without giving credit for park dedication.
      (2)   If the City Council determines that land is not needed in the area of the proposed subdivision, the City may alternatively require payment of an equivalent amount in cash. Any such cash payment shall be used for the acquisition and improvement of land for parks, playgrounds, trails or public open space, or as otherwise provided by statute. The fair market value of the land shall be used to determine the cash payment required in lieu of land dedication, subject to the minimum payments required in division (J) below.
      (3)   If the City Council determines that land is needed in the development, but in a lesser amount than the required proportionate share, the Council may require payment of cash in lieu of land dedication based on a pro-rata share of the land dedication that otherwise would be required
   (C)   Parks Committee. The Parks Committee shall recommend to the City Council, the land and/or cash contribution requirements for proposed subdivisions.
   (D)   Increase in density. Any increase in density of subdivisions shall be reviewed by the Parks Committee for reconsideration of park land and/or cash contribution requirements.
   (E)   Official map/Comprehensive Plan. When a proposed park, playground, recreation area or other public ground has been indicated in the City’s official map or Comprehensive Plan and is located in whole or in part within a proposed subdivision, it shall be designated as such on the plat and shall be conveyed to the City. If the subdivider elects not to dedicate an area in excess of the land required hereunder for the proposed public site, the City may consider acquiring the site through purchase or condemnation.
   (F)   Density requirement. Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City zoning ordinance and shall be in addition to and not in lieu of open space requirements for planned unit developments.
   (G)   Private open space. Where private open space for park and recreation purposes is provided in a proposed subdivision, the areas will not be used for credit against the land or cash dedication requirement for park and recreation purposes.
   (H)   Dedication requirement presumptively appropriate. The dedication requirements based on the development’s proportional share of the City park system are presumptively appropriate. A subdivider may request a deviation from the presumptive requirements based upon the anticipated impact of that particular subdivision. The request must be made to the City Council as part of an application before final plat approval.
   (I)   Land dedication.
      (1)   Residential.
         (a)   In residential subdivisions where a land dedication is required, the following formula will be used to determine the developments proportional share:
 
Density: Units Per Acre
Land Dedication Percentage
0 - 4
10%
4+/- 8
13%
8 +
15%
 
         (b)   When land dedication is required, a cash contribution for playground and recreation facilities, shall also be required:
            1.   Single-family dwelling unit: $200 per unit; and
            2.   Multi-family dwelling unit: $150 per unit.
      (2)   Commercial/industrial. In commercial or industrial subdivisions where a land dedication is required the following formula will be used to determine the development’s proportional share: 5% of the gross area of land being platted.
   (J)   Cash contribution. In lieu of land dedication, the City may require the following cash contribution, as a minimum:
      (1)   Commercial: $4,500 per acre of land being platted, but not less than $300 per subdivision;
      (2)   Industrial: $3,000 per acre of land being platted, but not less than $300 per subdivision;
      (3)   Multi-family dwelling units: $1,200 per dwelling unit; and
      (4)   Single-family dwelling units: $1,500 per dwelling unit.
   (K)   Fair market value. Fair market value shall be determined as of the time of final subdivision approval in accordance with the following:
      (1)   The City and the developer may agree as to the fair market value;
      (2)   The fair market value may be based, upon a current appraisal submitted to the City by the subdivider at the subdivider’s expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies; or
      (3)   If the City disputes such appraisal the City may, at the subdivider’s expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land.
   (L)   Planned unit developments. Planned unit developments with mixed land uses shall make cash and/or land contributions in accordance with this section based upon the percentage of land devoted to the various uses.
   (M)   Calculation and time of payment. Cash contributions are to be calculated at the time, of final subdivision approval. The Council may require the payment at the time of final subdivision approval or at a later time under terms agreed upon in the development agreement. Delayed payment shall include interest at a rate set by the City.
   (N)   Limitations on use and cash contributions. Cash contributions shall be deposited in the Park Dedication Fund and shall only be used for the acquisition of land for the purposes set forth in division (A) above and the planning and development of land for such purposes.
   (O)   Previously platted property. Property being subdivided without an increase in the number of lots shall be exempt from park and trail dedication requirements if similar requirements were satisfied in conjunction with an earlier subdivision. If the number of lots is increased, then the dedication shall be based on the additional lots created.
   (P)   Outlots. In plats that include outlots for future development, the subdivider may pay to the City if the development’s proportional share for the entire subdivision, including the outlots, or if the development’s proportional share, excluding the outlots; provided that, the dedication requirement shall be satisfied when the outlots are replatted.
(Ord. passed 3-20-2002, § 30.14)