(A) General.
(1) The City Manager or his designee shall administer this subchapter with certain review, recommendation, and approval authorities being assigned to the Planning and Zoning Commission, the Park Board, and various city departments as specified herein. Unless provided otherwise herein, action by the city shall be by the City Council after consideration by the Park Board. Any proposal considered by the Planning and Zoning Commission under this subchapter shall have been reviewed by the Park Board and its recommendation given to the Commission.
(2) Generally, the developer of property with residential uses must address the following requirements pursuant to this subchapter: dedication of land for park use or payment of a fee-in-lieu thereof and payment of a park development fee for parks or construction of the park improvements to which such fee relates. Requirements herein are based on actual or approved dwelling units for an entire development or project. Increases or decreases in final dwelling unit count may require an adjustment in fees paid or land dedicated. If the actual number of dwelling units exceeds the original estimate, additional parkland and additional park development fees may be required in accordance with the requirements in this subchapter.
(B) Parks, Recreation, and Trails Master Plan. The Parks, Recreation, and Trails Master Plan, as may be amended by Council, is the park planning basis for this subchapter. The city shall consider the need to regularly update the Parks, Recreation, and Trails Master Plan to ensure that the plan remains current and provides an equitable, effective framework from which to pursue the acquisition and development of public parks throughout the city.
(C) Fee calculations and updates.
(1) The schedule of fees and required land dedications, along with the associated methodology and level of service standard, are attached to Ordinance 180327B as Appendix I, Appendix II, and Appendix III respectively and are incorporated and made a part of this subchapter for all purposes by reference.
(2) A quantifiable and reasonable methodology was established to base the parkland dedication requirements, fees-in-lieu of dedication, and parkland development fees contained herein on data and levels of service relevant to the city that are based on density as well as best practices. The park development fee is calculated utilizing empirical details of how much the average neighborhood park costs in the city based on the community feedback gathered in the Parks, Recreation, and Trails Master Plan and its associated analysis. The methodology and fees shall be reviewed annually and updated on a regular basis when warranted and updated in appendices contained in Ordinance 180327B.
(3) City staff shall submit, as directed by the Park Board or the City Council, a fee derived from a parkland dedication requirement per person. The parkland dedication requirement per person will be calculated from the variables and formula(s) reflected in Appendix II to Ordinance 180327B. City staff shall submit, as directed by the Park Board or the City Council, a fee derived from a land cost per person. The land cost per person will be calculated from the variables and formula(s) reflected in Appendix II to Ordinance 180327B. City staff shall submit, as directed by the Park Board or the City Council, a fee derived from a park development cost per person. The park development cost per person will be calculated from the variables and formula(s) reflected in Appendix II to Ordinance 180327B. The updated fees and dedication will be presented for adoption by Council with the city's fee schedule.
(D) Land dedication.
(1) The amount of land to be dedicated for parkland purposes shall be as set forth in Appendix I to Ordinance 180327B. The required dedication may be met by payment of cash in lieu of land when permitted or required by other provisions of this subchapter. The total amount of land dedicated for a development or project shall be dedicated to the city in fee simple:
(a) Prior to the issuance of any building permits for multi-family development on an associated plat or via separate instrument;
(b) Concurrently with the final plat for a single phase single-family residential development, clearly labeled and dedicated as city parkland (or with applicable notes as stipulated in this section for the ETJ);
(c) For a multi-phased single-family residential development, the entire park(s) shall be either platted concurrently with the plat of the first phase of the development, clearly labeled and dedicated as city parkland (or with applicable notes as stipulated in this section for the ETJ); or
(d) The developer may provide the city with financial security against the future dedication by providing a bond, irrevocable letter of credit, or other alternative financial guarantee such as a cash deposit in the amount equal to the number of acres parkland required and in a form acceptable to the city. The amount of the financial guarantee shall be the amount of fee-in-lieu of land dedication as set forth in Appendix I to Ordinance 180327B. The financial guarantee will be released to the developer, without interest, upon the filing of the final plat for the phase that dedicates the required parkland.
(2) For development located within the ETJ of the city, the dedication requirements of this subchapter may be met through the creation of private parkland in the same amount required as set forth in Appendix I to Ordinance 180327B, provided the developer enters into a written agreement that all such private parkland be dedicated to the city at the time of full purpose annexation into the city and provided that any plat related to such development is inscribed with a notation regarding same.
(3) The obligation of an applicant/developer to dedicate parkland or make payments or improvements in lieu thereof shall be in addition to and independent of the requirements of the applicant/developer to provide open space in accordance with a Planned Development (PD) zoning application. If the open space in the proposed Planned Development (PD) exceeds two acres and is dedicated and accepted by the city as public parkland, the required dedication or payment may be reduced in applicable proportion.
(E) Fee-in-lieu of land. In lieu of dedicating parkland for parks, a developer may request to meet some or all of the parkland dedication requirements through payment of a fee-in-lieu thereof in the amounts set forth in Appendix I to Ordinance 180327B. Such fees shall be due prior to filing an associated plat for record for single-family residential uses and prior to the issuance of a building permit for multi-family residential uses.
(F) City approval. The Council shall have the final authority in determining how much, if any, land or fee may be accepted in lieu of required land dedication. The Council may, from time to time, require that a fee be submitted in lieu of land dedication in amounts as set forth in Appendix I to Ordinance 180327B. Likewise, the Council may, from time to time, require that land be dedicated in amounts as set forth in Appendix I to Ordinance 180327B, and that no fee-in-lieu of land will be accepted.
(G) Approval process for parkland dedication.
(1) Land dedications equaling or exceeding two acres, and dedications of floodplains and greenways.
(a) For any proposed required parkland dedication equaling or exceeding two acres of land or equaling or exceeding payment of a fee-in-lieu thereof, or for any proposed land dedication containing floodplain or greenway, the developer must:
1. Obtain a recommendation from the Park Board; and
2. Obtain approval from the Council.
(b) Should a proposed dedication go before the Planning and Zoning Commission as part of a required project approval, the Planning and Zoning Commission shall consider the recommendation from the Park Board and both recommendations shall be forwarded to the Council for consideration.
(2) Criteria for consideration.
(a) For any proposed required parkland dedication equaling or exceeding two acres of land or equaling or exceeding payment of a fee-in-lieu thereof or for any proposed land dedication containing floodplain or greenway, the Park Board and Council shall utilize the following criteria for considering approval of the proposed parkland dedication:
1. The proposed plat shall clearly identify the proposed public parkland to be dedicated;
2. The proposed dedication or fee shall provide a sufficient amount of parkland in the area of the proposed development for required parkland dedication;
3. Where the proposed dedication is insufficient for a park site under existing park design standards, some or all of the dedication requirements may be in the form of a fee in amounts as set forth in Appendix I to Ordinance 180327B;
4. Determination of acceptability of a proposed parkland dedication is based upon the Parks, Recreation, and Trails Master Plan, as may be amended from time to time and the criteria contained herein;
5. The proposed development of the park is at a minimum consistent with the city’s level of service for neighborhood parks as set forth in Appendix III to Ordinance 180327B, and in the Parks, Recreation, and Trails Master Plan, as may be amended from time to time.
6. Land is usable and compatible with the Comprehensive Plan, the Parks, Recreation, and Trails Master Plan, and other approved public plans.
7. There is a level of service need in the immediate vicinity of the proposed park area.
8. There is no nearby existing park that would be served with the funds better or more by expansion or improvement.
9. Public access considerations.
(3) Development and maintenance of a park less than two acres in size for public park purposes is impractical and does not allow for appropriate improvements consistent with necessary level of service. Therefore, if fewer than two acres-worth of dwelling units as specified in Appendix I to Ordinance 180327B, under land dedication are proposed by a plat for single-family residential or a building permit for multi-family residential, the developer shall pay the applicable cash in lieu of land dedication. An exception may be considered if the dedication is voluntarily greater than two, acres will increase the size of an existing park adjacent to the proposed parkland dedication, will provide a beneficial trail connection or right- of-way, or will provide a synergistic benefit not otherwise listed, at the discretion of the Council.
(4) Park development fee. In addition to the land dedication requirements for parks, there is a park development fee established herein sufficient to develop parks in ways that meet the city's level of service as determined in the Parks, Recreation, and Trails Master Plan.
(a) The park development fee assessed to a developer, subject to this subchapter, is as shown in Appendix I to Ordinance 180327B. The process for the approval and collection of park development fees shall be the same as for the parkland dedication requirements to which the development relates, and shall be processed simultaneously with the parkland dedication requirements.
(b) The city shall have the final authority in determining how much, if any, land or fee may be accepted in lieu of required park development. The city may, from time to time, require that a fee be submitted in lieu of park development in amounts as set forth in Appendix I to Ordinance 180327B. Likewise, the city may, from time to time, require that parks be developed to a level of service as reflected in Appendix II to Ordinance 180327B, and that no fee-in-lieu of park development will be accepted.
(5) Construction of park improvements in lieu of park development fee. A developer may elect to construct required park improvements in lieu of paying the associated park development fee as set forth herein. In such event:
(a) A park site plan, developed in cooperation with the city staff, must be reviewed and approved by the Park Board and City Council upon submission of final plat for single family residential uses or upon application for a building permit for multi-family residential uses, whichever is applicable;
(b) Detailed plans and specifications for park improvements hereunder shall be due and processed in accordance with the procedures and requirements pertaining to public improvements for final plats and for building permit issuance, whichever is applicable;
(c) All plans and specifications shall meet or exceed the city's level of service standards and/or scale-specific intent as specified in the Parks, Recreation, and Trails Master Plan and in Appendix II to Ordinance 180327B, as may be amended from time to time, and the criteria contained herein, in effect at the time of the submission;
(d) If the improvements are constructed on land that has already been dedicated to and/or is owned by the city, then the developer must post payment and performance bonds to guarantee the payment to subcontractors and suppliers and to guarantee the developer completes the work in accordance with the approved plans, specifications, ordinances, and other applicable laws;
(e) The construction of all improvements, including any required trails, must be completed in accordance with the requirements relating to the construction of public improvements for final plats and issuance of building permits, whichever is applicable. This includes guaranteeing performance in lieu of completing the park improvements prior to final plat approval. Notwithstanding any other applicable ordinances, park improvements should be completed within two years from the date of the approval;
(f) Park development will be considered complete and a certificate of completion will be issued after the following requirements are met:
1. Improvements have been constructed in accordance with the approved plans;
2. All parkland upon which the improvements have been constructed has been dedicated as required under this subchapter; and
3. All warranties as specified herein have been provided for any equipment installed in the park as part of these improvements;
(g) Upon issuance of a certificate of completion, the developer warrants the improvements for a period of two years; and
(h) The developer shall be liable for any costs required to complete park development if:
1. Developer fails to complete the improvements in accordance with the approved plans;
2. Developer fails to complete the improvements within the required time frame; and/or
3. Developer fails to complete any warranty work.
(6) Standards for private parkland.
(a) A developer may submit an application to satisfy up to 100% of the parkland dedication and development required for a development or project by providing a public access and recreational easement rather than deeding the land to the city in fee simple.
(b) In order to earn credit for private parkland, the park shall:
1. Provide signage visible from a right-of-way frontage to be reviewed and approved through the application and consideration process, and the sign shall state that the area, including any recreational amenities, is open and available for public use, the park hours and city contact information, and it must be posted at the park entrance or in a location visible to the public;
2. Provide language in the public access and recreational easement document or associated plat that specifies maintenance, capital replacement, the right of the city to conduct safety inspections, future construction rights, penalties and arrangements for lack of compliance, and language that specifies that re-payment of the credits will be required via alternate land or compensation for release of the easement; and
3. Provide design and features consistent with the guidelines and requirements contained herein.
(c) The required dedication and development shall be calculated per the requirements in Appendix I to Ordinance 180327B, and then the proposal shall be evaluated to determine the amount of parkland dedication and/or development credit to be given using the following factors:
1. The presence of active recreational amenities including, but not limited to, playscapes, sport courts, table game recreation, and climbing or exercise structures or trails;
2. The ability of the public to access and use the land for recreation purposes in perpetuity;
3. The presence of group gathering spaces, such as open lawns, seating, picnic areas, plazas, or pavilions;
4. Landscaping that enhances the city and the park by providing shade, educational opportunities, trees, and/or wildlife habitat; and
5. The ability of the city to provide programming in the space.
(d) If park development fees are credited, recreational amenities and other improvements must be constructed onsite and approved by the city during site plan or subdivision review at a specific time concurrent or prior to residential uses, as stipulated in the associated development agreement. Amenities must be shown on the site plan and/or construction plan as determined by the city.
(e) A developer must post cash escrow or an irrevocable line of credit in a form approved by the city for amenities included on private parkland during site plan or subdivision review.
(f) If credited acreage does not satisfy the entire parkland requirement, the city will calculate the remaining fee using the same requirements in Appendix I to Ordinance 180327B, proportionally assessed.
(7) Submitting fee. Any fees required to be paid pursuant to this subchapter shall be remitted:
(a) Prior to the issuance of any building permits for multi-family use or development; or
(b) Prior to filing an associated plat for record for single-family residential use or development.
(8) Use of fees.
(a) Fees may be used only for the purchase, acquisition, development, and/or improvement of park facilities in the city. Potential parkland in under-served areas within one mile of developments that have paid parkland dedication fees, which have not yet been refunded, shall be a top consideration (but not the only consideration) when evaluating potential land for purchase or acquisition for future parks.
(b) Unimproved parkland or parks in need of additional improvements within one mile of developments that have paid park development fees that have not yet been refunded, will be a top consideration (but not the only consideration) when evaluating parks for potential development and/or improvements. Parks may be purchased, acquired, developed, or improved with parkland fees in any portion of the city due to its small size since any existing or future resident in the city is and will be within a convenient distance to any existing or future park in the city.
(9) Reimbursement for city-acquired parkland. The city may from time to time acquire and/or develop land for parks in or near an area of actual or potential development. If the city does acquire and/or develop parkland in a particular area near a development or subdivision that should come forward for consideration, the city may require subsequent dedications to be in fee-in-lieu-of land and parkland development fees instead of dedication and development. This will be to reimburse the city for the cost(s) of acquisition and/or development.
(Ord. 180327B, passed 3-27-2018)