(A) Purpose. It is found and determined that parks and recreational facilities are equally as vital to the public good as streets and sidewalks, water and sanitary sewer systems, and other required public improvements and physical facilities. Therefore, the public health, safety, and welfare require that at least ten acres of property for each 1,000 persons residing within the planning jurisdiction, as defined in this section, be devoted to and developed for park and recreational purposes, and the same has been adopted by the City Master Plan, and is established as the park land standard for all purposes of this section.
(B) Statement of policy. With respect to subdivisions and development to which this chapter applies, all of the area required to meet the ten acres per 1,000 persons park land standard shall be deeded to the city and developed for park and recreational purposes by or at the expense of the subdividers or developers of the subdivision or developments in which the persons reside.
(C) Definitions. For the purpose of this Appendix the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1)
DEVELOPER. Any person, corporation, association, partnership, or other entity that creates or proposes to create a development all or a portion of which will be located within the planning jurisdiction, as that term is defined in this section.
(2)
DEVELOPMENT. A subdivision of the kind known as a planned development, planned unit development, or single parcel development.
(3)
PARKS AND RECREATIONAL CAPITAL IMPROVEMENT FUNDS. The funds established pursuant to this section.
(4)
PARKS AND RECREATIONAL FACILITIES. All types of open space, parks, athletic fields, playgrounds, and other facilities for recreational uses of any and all kinds.
(5)
PLANNING JURISDICTION. The geographical area over which the Planning Commission has, or from time to time shall have, jurisdiction for planning purposes.
(6)
SUBDIVIDER. Any person, partnership, association, corporation, or other entity that creates or proposes to create a subdivision, all or a portion of which will be located within the planning jurisdiction.
(7)
SUBDIVISION. The division or redivision of any parcel of land shown as a unit or contiguous units on the last preceding tax roll, into two or more lots, tracts, or parcels, any one of which is less than five acres, and as further defined according to the subdivision rules and regulations of the city.
(8)
SUBDIVISION RULES AND REGULATIONS. Chapter 151 of this code, as amended by the city providing regulations for land subdivisions within the city.
(D) Provision of parks and recreational facilities. Every subdivider or developer who files with the Planning Commission a preliminary plat for land within the planning jurisdiction within R-1, R-2, or R-3 Districts after the effective date of this section and who has not theretofore filed any preliminary map in respect to subdivision or development, shall either dedicate a portion of the land, pay a fee in lieu of land dedication, or dedicate land and pay a fee in lieu of land dedication as set forth in this section and pay a development fee, all as provided in this section, for the purpose of providing park and recreational facilities to serve future residents of each subdivision or development.
(E) Choice of land or fee. The City Council, upon receipt of the recommendations from the Planning Commission and the Park and Recreation Commission, shall determine whether a subdivider or developer shall dedicate land, pay a fee in lieu of land dedication, or provide a combination of land dedication and fee payment. In making the above referenced determination, the following procedure shall apply:
(1) Filings. At the time of filing a preliminary plat map pursuant to subdivision rules and regulations or a development plan for approval, each subdivider or developer shall, as a part of such filing, indicate whether he plans to dedicate land for park and recreational purposes, to pay a fee in lieu of dedication, or to meet the requirements of this chapter by a combination of land dedication and fee payments. If the subdivider or developer plans to dedicate land, he shall indicate the area he desires to dedicate on the preliminary plat map or development plan.
(2) City Council determination. After the Planning Commission and Park and Recreation Commission have reviewed the preliminary plat maps and development plans, they shall recommend to Council whether the plans of the subdivider or developer to dedicate the land, pay a fee in lieu of dedication, or to provide a combination of land dedication and fee payment are acceptable. Insofar as practicable, the recommendations shall be compatible with the city park and recreation plan.
(3) Minimum dedication. Notwithstanding any other provisions of this section, no dedication of land shall be required, and a fee in lieu shall be paid in the event the amount of dedication required by this section would be less than one acre, except in the event the land so dedicated could be added to the adjoining, contiguous land area of an existing park or recreational facility. This consideration shall not be construed to prohibit the voluntary dedication of land by subdividers and developers in addition to the requirements imposed by this section.
(4) Criteria. In making their recommendations and determination, the Planning Commission, Park and Recreation Commission, and Council shall utilize the following criteria:
(a) Unity. Dedicated land must form a single parcel of land, except in the event the City Council determines that two or more parcels would be in the best public interest.
(b) Shape and topography. The shape of the dedicated parcel of land must be sufficiently geometric to be usable for recreational activities such as softball, tennis, football, and other active recreational pursuits. In addition, steep slopes, streams, lakes, watercourses, and floodplains may constitute a maximum of 40% of the dedicated land, and a minimum of 60% of the recreational use. In this latter regard, 50% of the dry ground recreational area shall not exceed 3% grade, and the remaining dry ground recreation area shall not exceed 5% grade. This requirement may be waived, in whole or in part, if Council, upon recommendation determines that the recreational needs of any subdivision are adequately met by other dedicated parcels or existing recreational facilities; and that this requirement may be waived, in whole or in part, if Council, upon receipt of the recommendations from the Planning Commission and Park and Recreation Commission, determines that, although certain land areas to be dedicated are not usable for dry ground recreational use, such areas are of unique natural beauty or environmental or historic value.
(c) Location. Dedicated land must be generally centrally located in order to serve the recreation and open space needs of the subdivision or development for which the dedication was made. The recreation land in a subdivision or development must be located so that it is reasonably accessible from all dwelling units within the subdivision.
(d) Access. Public access and maintenance access to the dedicated land shall be provided as approved by the Commission.
(e) Preservation of natural beauty. In all instances, natural features of scenic beauty such as: trees, plant life, brooks and other watercourses, topography, historic locations, views, and similar conditions which, if preserved, will add attractiveness and value to the dedicated land shall be considered and preserved in the dedication of open space and parks and recreation areas.
(F) Amount of park land to be provided. In order to meet the purposes and policies of this section pertaining to park land, it was assumed that in R-1, R-2, and R-3 Districts there exists an average of 3.5 persons per lot. Using this assumption, policies established herein, the following formula shall be used to calculate the minimum park land area requirements:
A = L x 1524.62 square feet
Where: "A" = minimum area (in square feet) of parkland to be dedicated by the developer or subdivider.
"L" = total number of lots* in subject
subdivision.
subdivision.
*In subdivisions or developments where other than single-family dwellings are permitted, lots which meet the ordinance requirements for more than single-family dwellings shall be considered as multiple lots depending upon the maximum number of units allowed on the particular lots by this zoning code.
(G) Fee in lieu of dedication. In the event that Council, upon receipt of the recommendations from the Planning Commission and the Park and Recreation Commission, determines that a subdivider or developer must pay a fee in lieu of land dedication, the amount of such fee shall be determined by the following formula:
F = A x V
Where: "F" = Fee in lieu of land dedication
"A" = Land Area (in acres) that would otherwise be required to be dedicated per division (E) above.
"V" = Fair Market Value* per acre of the
subject land.
subject land.
*Fair Market Value shall be determined per division (I) below.
(H) Park development fee.
(1) Amount of development fee. In addition to the dedication of land, payment of a fee in lieu of dedication, or a combination of dedication and fee payment, each subdivider and developer shall be required to pay a park development fee. The amount of the park development fee shall be equal to one-third of the total fair market value of land required to be dedicated with respect to any subdivision or development in accordance with division (F) above.
(2) Determination of fair market value. Fair market value shall be determined in accordance with division (I) below.
(3) Credit for voluntary dedication. In the event a subdivider or developer dedicates land in addition to the land required to be dedicated pursuant to division (F) above, subject to the approval of the Council, the subdivider or developer shall receive credit against the amount of the development fee otherwise required by this division equal to the fair market value of the additional land to be dedicated.
(4) Sidewalks. Sidewalks along one side cul-de-sac streets may be waived by the Planning Commission if the developer installs sidewalks within the park land provided under the requirements of this section in such a manner as to provide a circulation system which, in the judgment of the Commission adequately serves the park land and the residences in the area.
(I) Determination of fair market value. For the purposes of this section, fair market value shall be determined as follows:
(1) Time for determination. Fair market value shall be determined as of the time of filing the final plat map or final development plan with the Planning Commission.
(2) Method of value determination. Fair market value shall equal the average value per acre of all land in each subdivision or development in its raw, undeveloped state, determined by application of one of the following procedures:
(a) By agreement between the subdivider or developer and the City Council, or
(b) In the event the subdivider or developer objects to the above method of valuation, by a three-member board of appraisers, one of whom shall be appointed and paid by the City Council, one of whom shall be appointed and paid by the subdivider or developer, and one of whom shall be selected by the two appraisers so appointed. The City Council and developer or subdivider shall equally share the cost of the third member. The decision of a majority of such board shall be final.
(J) Credit for private open space.
(1) Allowance of credit. In the event a subdivider or developer provides developed private open space for park and recreational purposes, and the space is to be privately owned and maintained by the future residents of the subdivision or development, and in the event the Council determines that the private open space adequately fulfills the park and recreation needs of the proposed subdivision or development, the fair market value of the proposed subdivision or development, the fair market value and actual cost of the improvements of such areas shall be credited against the land dedication and park development fee requirements of this chapter.
(2) Maximum credit. Credit shall be allowed up to 100% of the total required land dedication or fee in lieu requirements, and up to 100% of the total required park development fee.
(3) Standards and limitations. Notwithstanding division (J)(1) and (2) above, the credit for private open spaces shall be allowed only if the following standards are met:
(a) Yards, court areas, setbacks, and other open areas required to be maintained by the zoning code shall not be included in the computation of private open space;
(b) Private ownership, development, and maintenance of the open space shall be assured by valid and enforceable undertakings on the part of the subdivider or developer, or otherwise;
(c) The use of the private open space is restricted for park and recreation purposes by recorded covenants that run with the land in favor of the future owners of property within the subdivision or development, and which cannot by their terms be defeated or eliminated without the consent of the City Council;
(d) The proposed private open space is reasonably adaptable for park and recreational uses, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land; and
(e) Facilities proposed for the private open space are reasonably compatible with those required by the city park and recreation plan.
(K) Reduction in minimum lot size and width. If the developer provides five acres or more, Council may, after Planning Commission and Park and Recreation Commission review and recommendation, allow lots within the preliminary plat to be reduced in area by a maximum of 1500 square feet and by a maximum of five feet in width, provided the open space is increased by an area equal to the aggregate lot area reduction within the plat, and that only those lots contiguous with the subject park land or dedication access parcels leading to the park land receive such reduction.
(L) Treatment of land to be dedicated. Procedure for the dedication of land and payment of fees:
(1) Land to remain unaltered. Following the approval of a preliminary plat map or development plan which designates land for dedication, the existing vegetation, except growing commercial crops other than growing timber, topography, features of historic value, stream courses, soil, rock strata, and other natural features of the dedicated land shall not be altered or their condition adversely affected in any way without the consent of the Council, upon recommendation from the Planning Commission and the Park and Recreation Commission.
(2) Deed. Dedication of land to the city shall be by a general warranty deed conveying to the city, its successors and assigns, good and marketable title to the real estate described in the deed, free and clear of all liens and encumbrances. This deed shall be executed and delivered to the city for recording prior to the approval of the final plat map of any section or any portion of the subdivision or development, the boundary of which is contiguous with the proposed park and recreational facility. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final plat map or development plan, and shall be recorded contemporaneously with the final plat map or development plan. In the event fees, including the park development fee, are required, 10% of the amount thereof shall be deposited with the city prior to the approval and recording of the final plat map or development plan, and the balance shall be due and payable one year from such date, or at the time the first occupancy permit is issued with respect to the subdivision or development, whichever may occur first. In no event shall any occupancy permit be granted with respect to the subdivision or development until all fees are deposited with the city.
(M) Limitation on use of lands and fees. Any land and fees received by the city pursuant to this section shall be used only for the purpose of providing park and recreational facilities to serve the area in which the subdivision or development concerned is located. Fees paid pursuant to this section shall be deposited in a parks and recreation capital improvement fund to be used for recreational facilities. No part of such fees shall be used for the purpose of paying salaries, wages, other general operating expenditures except when city forces are used to develop the respective park site. Fees received may be expended only in connection with the subdivision or development they are meant to benefit. Parks and recreational facilities so developed shall continue to be maintained so long as the subdivision or development they are meant to benefit remains in use.
(Ord. 10-1986, passed 5-19-86)