A. General: The payment of fees in lieu of dedication of land may occur at the request of the subdivider or developer with approval by the city, or may be required by the city. The payment of fees in lieu of land dedication shall be reviewed and approved as part of the preliminary subdivision plat or preliminary planned development.
B. Request By Subdivider Or Developer:
1. If a payment in lieu of open space is requested, the subdivider or developer must include such request in a letter submitted with the application for a preliminary subdivision or preliminary planned development, whichever is applicable.
2. The PCD director will forward a copy of the preliminary subdivision plat or preliminary planned development, along with a copy of the letter requesting payment of fees in lieu of land dedication to the director of the department of parks and recreation for review by the parks and recreation commission. The commission shall submit any and all recommendations concerning the payment of fees in lieu of dedication to the planning and zoning commission within twenty one (21) business days of the date a complete application for preliminary subdivision plat or planned development is submitted.
3. The planning and zoning commission will consider the request for payment of fees in lieu of land dedication during the subdivision or planned development review process and forward its recommendations to the city council.
C. Determination Of Fees In Lieu Of Dedication Criteria: The city may, at its discretion, require the payment of fees in lieu of the subdivider dedicating land, if the city finds that all or part of the land required for dedication is not suitable for public recreation and open space purposes, or upon a finding that the recreational needs of the proposed subdivision can be met by other park, greenway, or recreational facilities planned or constructed by the city within reasonable proximity to the subdivision. The city shall consider the following factors in making its determination:
1. Recreational and open space elements of the city comprehensive plan, as amended, and the relation of the subdivision to the proposed open space and recreational areas;
2. Topographic and geologic conditions of the land available for dedication;
3. Size, shape, location of and access to the land available for dedication;
4. The character and recreational needs of the neighborhood where the subdivision is located;
5. The costs of developing open space and recreational areas in the subdivision;
6. The actual or potential development of open space and recreational areas on land adjacent to the subdivision which will serve the needs of the subdivision;
7. Recommendations of staff, the parks and recreation commission and the planning and zoning commission; and
8. Any other relevant information.
D. Time Of Payment: Fees in lieu of dedication must be paid in full by the subdivider/developer prior to the issuance of the first building permit for a lot in the subdivision or planned development.
E. Amount Of Payment: The fee shall be equal to the fair market value of the land that otherwise would have been required for dedication. The fair market value of the undeveloped land shall be determined by a qualified real estate appraiser who is acceptable to both the city and the subdivider or developer. The city and subdivider/developer will equally share the appraisal costs. (Ord. 05-4186, 12-15-2005)