(A) Dedication generally required.
(1) Where a park or recreational facility has been designated in the general plan of the city or other adopted resolution policy or standard of the city, and is to be located, in whole or in part, within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision and other members of the public, the subdivider shall dedicate land for a park and provide recreational facilities thereon as provided in this subchapter, unless the city determines that dedication is not desirable as provided in this section.
(2) If the fair market value of the park and recreational facilities provided pursuant to city specifications is less than that required hereunder, no additional fees shall be required, otherwise, the subdivider shall pay the difference.
(B) In-lieu fees.
(1) Where no park or recreational facility located, in whole or in part, within the proposed subdivision is designated in the general plan of the city or other adopted resolution policy or standard of the city, the subdivider shall, in lieu of dedicating land, pay a fee computed in accordance with § 156.134(B).
(2) In-lieu fees shall be used for park and recreational purposes, serving the residents of the area being subdivided and other members of the public.
(C) Combination of land and fees. The city may accept a combination of land and fees, with the respective amounts to be determined at the sole discretion of city, so long as the aggregate fair market value plus in-lieu fees does not exceed the limits established in this subchapter.
(D) Determination of land or fee.
(1) Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be at the city's sole discretion, and shall be determined by consideration of the following:
(a) The provisions of the city's general plan, any specific plan adopted thereto, and any other adopted city resolution, policy or regulation;
(b) The topography, geology, access and location of the land in the subdivision available for dedication;
(c) The size and shape of both the subdivision, and of the land available for dedication;
(d) The feasibility of dedication;
(e) The access and location of other park sites to the subdivision; and
(f) The need to develop, improve and rehabilitate other accessible park sites.
(2) The determination of the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
(E) In-lieu fees for subdivisions of 50 parcels or less. If the subdivision contains 50 parcels or less, onlythe payment of in-lieu fees may be required, except that condominium, stock cooperative or community apartment projects may be required to dedicate land if they have more than 50 dwelling units.
(Ord. 1325, passed 11-6-02)
Cross-reference:
General dedication requirements, see § 156.045