The following requirements are applicable to all subdivisions within the jurisdiction of the Parks, Recreation and Community Education Advisory Board, Light Traffic Task Force, Planning Commission and City Council.
(A) In subdividing land or resubdividing an existing plat, due consideration shall be given to the subdivision and by the planning committees upon review, to the dedication or reservation of suitable sites for schools, conservation areas, bicycle and pedestrian paths or open spaces and parks. Where a proposed public park, bicycle and pedestrian path, recreational area or open space, as determined by the Comprehensive Plan, Planning Commission and Council, is located in whole or in part within a subdivision, the subdivider shall dedicate those lands to the city; provided, however, that, the total dedication (exclusive of public streets, alleys and pedestrian ways, and exclusive of all other purchased sites such as fire and police stations, water towers and treatment plants and sewer lift stations) shall be consistent with the following requirements.
(1) For land within a residential zone, formulas for land dedication shall be as follows:
(a) For Zoning Districts R-1: a land dedication of 7.5% of the undeveloped site or its fair market land value;
(b) For Zoning Districts R-2: a land dedication of 12% of the undeveloped site or its fair market land value;
(c) For Zoning Districts R-3 and R-4: a land dedication of 15% of the undeveloped site or its fair market land value;
(d) For Zoning Districts Commercial and I/C-1: a negotiated percentage of land dedication of the undeveloped site or its fair market land value; and
(e) For business park or industrial zoned subdivision: none required, with exception of comprehensively planned bicycle and pedestrian paths which shall be by easement.
(2) Infrastructure assessment costs incurred with any of the land dedication above shall be calculated and levied against the bicycle and pedestrian paths, park or open space by linear foot of frontage. In no case shall the assessment cost levied against the park or bicycle and pedestrian path exceed 60% of the value of the land dedicated.
(3) For the purpose of this division (A), the following definition shall apply unless the context clearly indicates or requires a different meaning.
FAIR MARKET LAND VALUE. The market value of the land within the plat or subdivision as of the date presented to the Council for preliminary approval, as determined by the City Assessor, or the sale price, whichever is higher, in the same manner as they shall determine the estimated market value of land for tax purposes, excluding from that determination any value added to the land by improvements serving the land, but including in that determination the highest and best force at the time of the platting.
(4) The city shall have the option of requiring a cash contribution in lieu of the land dedication set forth in division (A)(1) above. Cash contribution shall be based on the following schedule:
(a) Zoning District R-1: a cash contribution of $215 per unit;
(b) Zoning District R-2: a cash contribution of $175 per unit;
(c) Zoning District R-3 or R-4: a cash contribution of $135 per unit;
(d) Zoning District Commercial and I/C-1: a negotiated cash contribution based on its fair market land value; or
(e) Business park or industrial zoned subdivision: none required.
(5) The city may permit or require the subdivider to provide a partial dedication and a partial payment in accordance with the requirements as set forth above.
(6) The cash and land dedication value set forth above shall be reviewed by the Parks, Recreation and Community Education Advisory Board and the Light Traffic Task Force on an annual basis and a revised schedule, if any, shall be set forth by the Council.
(B) When structures are constructed on property which has been previously platted and on which plat no park or bicycle and pedestrian path dedication on record in cash or land was given to the city, a park or bicycle and pedestrian path dedication fee in accordance with the schedules hereinafter set forth shall be paid at the time of the subdivision agreement or when the building permit is issued. If the park or bicycle and pedestrian path dedication as indicated on record has been previously satisfied at the time of platting in accordance with the requirements then in existence, then no further fee shall be levied. If a partial payment has been made, then the balance of the development shall be charged the rate set forth in division (A)(1) above.
(C) When building permits are issued on property which is not platted and is not required to be platted prior to receiving a building permit, a fee shall be paid at the time of building permit issuance in accordance with the above schedule.
(D) Sums of money so received by the city shall be placed in a special account to be known as the Public Sites and Equipment Fund and allocated by the Council solely for the acquisition of land or purchase of equipment for public parks, recreation areas or open spaces, bicycle and pedestrian path development of existing parks and recreational areas, or debt retirement in connection with the land or equipment previously acquired for parks, bicycle and pedestrian paths, recreational areas or open areas.
(E) For soil and water conservation, pursuant to state statute, the following may be required. The subdivider shall be responsible for providing site development plans with provisions for the control of drainage, erosion and siltation if plans are considered necessary by the City Engineer or by law, for the purpose of soil and water conservation.
(F) In high density zoning districts, the Council may require developments of 24 units or more to create a private entity to maintain some form of on-site recreation for use by the site residents; specifically pre-school children. The Council will use the Park and Open Space Study definition of “tot lot area” as a minimum standard. This requirement may be in addition to the dedication of land or cash for park or recreation purposes.
(2004 Code, § 153.72) (Ord. 466, passed 7-15-1995)