A. Amount Of Land To Be Dedicated: The amount of land dedication shall be determined by the following formula. This formula is deemed a reasonable calculation of the additional need for neighborhood open space created by the subject subdivision or planned development.
A x 0.65DU x PDU x 3/1000, where
A = Acres of undeveloped property;
DU = Maximum dwelling units per undeveloped acre (43,560 divided by the minimum lot area requirement for the highest density residential use allowed in the subject base zone);
0.65 = This percentage figure reflects the average development density occurring in Iowa City;
PDU = Persons per dwelling unit based on the most recent census; and
3/1,000 = The community standard of acres for active neighborhood open space required per 1,000 persons, as determined by the formulas set out in the neighborhood open space plan, as amended.
B. Nature Of Land To Be Dedicated: Except as otherwise required by the city, all dedications of land shall meet the following criteria:
1. Usability: At least ninety percent (90%) of the land required to be dedicated shall be located outside of floodways, lakes or other water bodies, areas with slopes greater than fifteen percent (15%), wetlands subject to federal or state regulatory jurisdiction and other areas the city reasonably deems unsuitable for neighborhood open space due to topography, flooding or other appropriate considerations. Dry bottom storm water detention facilities and dry creek areas may be credited toward reaching a portion of the required land dedication when the city determines that such areas are suitable for use as neighborhood open space. The city encourages the dedication of lakes, ponds, creeks, other water bodies, wetlands falling under the jurisdiction of state or federal agencies and other sensitive areas including woodland areas, both as ten percent (10%) of and in addition to the dedicated land required by this article, if sufficient abutting land is dedicated as a usable, public recreation area or park.
2. Unity: The dedicated land shall form a single parcel of land, except where the city determines that two (2) or more parcels or greenways/trails would best serve the public interest, given the type and distribution of neighborhood open space needed to adequately serve the proposed development. If the city determines that two (2) or more parcels would best serve the public interest, the city may require that such parcels be connected by a dedicated strip of land at least twenty feet (20') wide in order to provide access and continuity between said parcels.
3. Location: The dedicated land shall be located so as to reasonably serve the recreation and open space needs of the residents of the subdivision or planned development.
4. Shape: If a sufficient amount of land is dedicated to accommodate recreational facilities and activities, such as fields, courts or playground equipment, the shape of the dedicated land shall be suitable for such facilities and activities. Linear open space should be of sufficient width to accommodate trails and adjacent greenways.
5. Access:
a. Greenways/Trails: Public access to greenways/trails shall be provided by a public access easement at least twenty feet (20') in width. In addition, greenways/trails shall be connected to existing or proposed greenways/trails on adjacent property.
b. Parks: Public access to the dedicated land to be used for parks shall be provided either by adjoining public street frontage or by a dedicated public access easement at least fifty feet (50') in width, which connects the dedicated land to a public street or right of way. The grades adjacent to existing and proposed streets shall permit reasonable access to the dedicated land. The parcel shall be safely accessible to pedestrian traffic.
6. Responsibility For Site Preparation:
a. The city may require the subdivider or developer to grade and seed those portions of the dedicated land to be improved prior to dedication of the property and prior to the city's acceptance of the dedication.
b. Where the dedicated land is located adjacent to a street, the subdivider or developer shall remain responsible for the installation of utilities, sidewalks and other improvements required along that street segment.
c. Prior to dedication, the subdivider or developer shall be responsible for restoring satisfactory ground cover and controlling erosion on land to be dedicated that has been disrupted as a result of development activities by the subdivider or developer.
C. Procedure For Dedication Of Land:
1. The dedication of land shall be reviewed as part of the preliminary subdivision plat or preliminary planned development plan, whichever is applicable. The subdivider or developer shall designate the area or areas of land to be dedicated pursuant to this article on the preliminary subdivision plat or planned development plan. Where wetlands have been delineated on the property, the preliminary subdivision plat or planned development plan shall also identify the boundaries of such wetlands.
2. Upon receipt of the preliminary subdivision plat, the director of planning and community development (PCD) shall submit a copy to the director of the department of parks and recreation for review by the parks and recreation commission. The parks and recreation commission shall submit recommendations concerning the land to be dedicated to the planning and zoning commission within twenty one (21) business days of the receipt of a complete application for preliminary subdivision plat or preliminary planned development.
3. Once the final subdivision plat or final planned development is approved, and any public improvements required to be installed by the subdivider or developer within the land to be dedicated have been installed, approved, and accepted by the city, and the subdivider or developer has completed site preparation pursuant to subsection B6 of this section, the subdivider or developer shall provide a properly executed warranty deed conveying the dedicated land to the city within two (2) years of final plat approval (or final planned development approval) or by the time the city issues fifty percent (50%) of the certificates of occupancy for the subdivision, at the discretion of the city, or as otherwise specified in the subdivider's or developer agreement.
4. The city shall formally accept the dedication of land for open space, parkland or greenways/trails by resolution. (Ord. 05-4186, 12-15-2005)