(A) Generally.
(1) Authority. Pursuant to M.S. § 462.358, as it may be amended from time to time, the City Council may require subdividers requesting platting or replotting of land or a planned unit development within the jurisdictional boundaries of this chapter to contribute a percent of the final gross area of the subdivision to be dedicated to the public for public uses as parks, playgrounds, public open space or storm water holding areas or ponds; or that the subdivider contribute an equivalent amount in cash based upon the fair market value of the undeveloped land as determined by the County Assessor at the time of final plat approval; or any combination thereof. The form of contribution (cash, land or any combination) shall be determined based upon the following conditions outlined below. The determination of such contribution shall be made during the subdivision review process.
(2) Residential subdivisions. In residential subdivisions, the subdivider shall dedicate 10% of the undeveloped land proposed to be subdivided for purposes outlined in division (A)(1) above, or an equivalent amount in cash, or any combination thereof. The contribution shall be based upon a finding of fact as outlined in division (A)(4) below.
(3) Commercial, industrial or other non- residential subdivisions. In non-residential subdivisions, the city may decide not to require the subdivider to contribute land, cash or any combination thereof. In those instances, however, where the city deems it in the public interest to require a contribution, the subdivider shall dedicate a percent of the undeveloped land proposed to be subdivided for purposes outlined in division (A)(1) above, or an equivalent amount in cash, or any combination thereof. The contribution shall be based upon a finding of fact as outlined in division (A)(4) below.
(4) Conditions for contribution. It shall be deemed to be in the public interest to require land dedication, cash contribution or any combination thereof when the City Council, after review and recommendation, makes one or more of the following findings of fact:
(a) All or part of the proposed subdivision has been designated as park, playground, public open space, storm sewer holding areas or ponds on an adopted city plan;
(b) Such contribution is necessary in order to protect adjacent land uses from potential conflicting land uses which could exist on the land to be subdivided;
(c) The increased number of residents to reside or be employed within the subdivision will increase the recreational demands upon the city;
(d) Such contribution is necessary to provide proper surface water runoff generated by the uses proposed within the subdivision;
(e) The land proposed to be subdivided contains or borders upon existing unique topographical features including, but not limited to, ponds, lakes, streams, timber stands, water holding areas, hills, steep slopes, drainage areas or bluffs which should be preserved to prevent foreseeable safety, pollution or erosion hazards or to provide unique recreational and aesthetic qualities and enjoyment to the city; and
(f) Such contribution is necessary to comply with or fulfill the goals, policies and programs of the city.
(B) Exception for outlots. In subdivisions which include outlots, the subdivider may contribute land, cash or any combination thereof as provided in division (A) above for the entire subdivision, including the land within the outlots, or for only that land exclusive of the outlots. When such outlots are subdivided, the contribution requirements shall be met in accordance with then existing regulations as applicable, unless such contributions have been previously met.
(C) Special fund. All monies collected from cash contributions shall be placed in a special fund from which only those public uses outlined in division (A)(1) above may be realized.
(D) Delayed contribution. Upon petition by the subdivider, the City Council may approve a delay in the actual contribution of the cash required in lieu of land until such time as development occurs on the property being subdivided provided that a proper legal agreement is executed guaranteeing such contribution. The subdivider is responsible for all costs in the preparing of the agreement. Delayed contribution payment shall include 8% interest per year.
(E) Land dedication. In such cases where the subdivider is required to dedicate land area, the City Council shall have the right to determine the geographical location and configuration of the dedication.
(Prior Code, § 154.33) (Ord. passed 6-6-1978)