(A) Authority. Pursuant to M.S. § 462.358, subdivision 2(b), the city has authority to require a reasonable portion of the buildable land of any proposed subdivision be dedicated to the public or preserved for public use, including parks, recreational facilities, playgrounds, trails, wetlands and public open space. In the alternative, the city may choose to accept a cash fee for some or all of the value of the dedication.
(B) Purpose.
(1) The city recognizes that the preservation and creation of parks, recreational facilities, playgrounds, trails, wetlands, and public open space is essential to maintaining a healthful, safe and desirable community. The city must not only provide these necessary facilities for the citizens of today, but also for the future needs of the city as described in the Comprehensive Plan and the Parks, Trails and Open Space Master Plan.
(2) It is recognized that the demand for parks, recreational facilities, playgrounds, trails, and public open space within a municipality is directly related to the density and intensity of development permitted and allowed within any area. Greater densities mean greater numbers of people and higher demands for such public amenities.
(C) Basis. The city shall conduct an individualized determination of the amount of land needed for the purposes set forth in this chapter and shall demonstrate an essential nexus between the land dedication or cash fee, and the purpose sought to be achieved. The dedication or fee shall bear a rough proportionality to the need created by the proposed subdivision.
(Ord. 707, passed 5-23-2022)