(A) Findings of the City Council.
(1) The City Council finds that as the city continues to increase in population, planning is needed to ensure the identification and economic development of park lands, and that such lands are preserved for public use during the land subdivision and development process and not developed for other purposes. The provisions by the city of adequate park land facilities to serve the recreational needs of new residents and workers within the city is an important factor in the maintenance of a high quality of life in the city and contributes to the health and safety of citizens. In addition, adequate open space land should be reserved to retain the character of the city, protect wildlife habitats, cleanse the air and storm water runoff, and provide passive recreational opportunities.
(2) It is therefore in the best interest of all of the citizens of the city to ensure that when new development is hereinafter created or made possible by subdivision of lands, that adequate measures are provided in the subdivision process to permit the city to identify land suitable for development as new park land, and to obtain and develop such lands for the use of the public at a reasonable cost. It also is in the best interest of all the citizens of the city to ensure that adequate open space is dedicated and reserved.
(B) Purpose. The provisions of this section are intended by the city to be an exercise of the authority granted pursuant to M.S. § 462.358, Subdivision 2(b) to require that a reasonable portion of any proposed subdivision of lands within the city be dedicated to the public as park lands; or that a reasonable cash payment be received from the developer in lieu thereof in order to facilitate development of similar facilities.
(C) Scope. The provisions of this section shall apply to a person who applies for a subdivision of land (where, as determined by the city, the proposed subdivision causes an increased demand on city parks), regardless of the intended use of land, whether residential, commercial, industrial or other.
(D) Parks and open spaces.
(1) All developers, landowners, or persons requesting subdivision of land shall convey to the city, or dedicate to the public use, a percentage of such land for the public use as parks, playgrounds, trails or open space. The city, at its discretion, may require cash in lieu of land to be dedicated or a combination of land and cash dedication, as established in the city's fee schedule and adopted by the City Council from time to time.
(a) City's deposit of funds. Sums of money so received by the city shall be placed in a special account to be known as the "Park Fund" and allocated by the City Council solely for the development of park land. Eligible expenditures shall include the acquisition of land, purchase of equipment, construction of facilities, development of existing parks and recreational areas, or debt retirement in connection with such improvements previously expended.
(b) Dedication formula. The amount of land required to be dedicated by a developer shall be based upon the gross area of the subdivision or development which could be developed for residential, commercial, or industrial purposes, and shall be determined as follows:
(1) Residential development. The park dedication requirement for a residential subdivision or development shall be 10% of the gross area included in the subdivision or development.
(2) Commercial and industrial development. The park dedication requirement for an industrial subdivision or development shall be 5% of the gross area included in the subdivision or development.
(c) Park land calculation. In determining the amount of park land that must be dedicated for a specific subdivision, the following shall not be included within the calculation unless an exception is granted by the City Council based upon the appropriateness given the intended use of the dedicated land: land within an existing watercourse; land within a 100-year floodway or floodplain; land within a drainage easement or storm water ponding area; or land shown as being within a wetland, as shown on the National Wetlands Inventory or wetland delineation study, when available.
(d) Cash-in-lieu of dedication. The city shall require a cash payment in lieu of park dedication whenever the proposed dedication of land for public use is not needed, is not suitable for the intended use, is too small for practical maintenance, inconsistent with the comprehensive plan, or whenever cash payment would be more beneficial to the development of the overall park system than dedication of land within the property to be developed. If the city elects to accept a cash payment in lieu of land dedication, the amount paid shall be consistent with the fees found in the city's fee schedule.
(e) Time of dedication or cash payment.
1. The requirements of this division shall apply at the time of the final approval of the plat, replat, subdivision, waiver of platting, or plot plan approval and shall apply to any plat, replat, subdivision, waiver of platting, or development requirements of this division receiving final approval after the effective date of this division.
2. No final plat shall be approved by the city until all amounts owned under this division for cash payment in lieu of park dedication have been paid to the city.
3. The city may approve a development contract that specifies a different payment schedule where appropriate.
(f) Conformance with comprehensive plan. Land dedicated under this provision shall reasonably conform to the comprehensive plan. The Park Commission and the Planning Commission shall review proposed dedication of land or proposed payment of cash in lieu of land and shall recommend to the Council appropriate action.
(2) In the event that the developer objects to the required fee, the city shall, at the developer's request and expense, conduct a specific dedication study of the park system and the increased demand that the city determines will likely be placed on the park system if the proposed plat is approved.
(E) Lands for public use. Pursuant to M.S. § 462.358(2)(b), as amended, and this section, all owners or developers, as a prerequisite to approval of a plat, subdivision or development of any land, shall convey to the city, or dedicate to the public use, a reasonable portion of any such land for public use as streets, roads, sewers, electric, gas and water facilities, storm water drainage and holding areas or ponds, similar utilities and improvements or parks, playgrounds, trails or open space, such portions to be approved and acceptable to the city.
(F) Dedicated land requirements. Any land to be dedicated as a requirement of this section shall be reasonably adaptable for its proposed use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, tree cover, access and location.
(G) Miscellaneous requirements for park dedications. The following requirements shall apply to all dedications or conveyances for park, playground, trail or public open space purposes:
(1) Land conveyed or dedicated pursuant to provisions of this section shall, at the option of the City Council, be located outside of drainage ways, floodplains and ponding areas after the site has been developed.
(2) Standards for location. The Park Board shall make a recommendation to the Planning Commission prior to preliminary plat approval, as to the location and type of park facility required for each development. The Park Board shall consider the city's comprehensive plan for other resources and site development in making its recommendation.
(3) Land areas so conveyed or dedicated for park, playground, trail and open space purposes may not be used by an owner or developer as an allowance for purposes of calculating the density requirements of the development as set out in the zoning code (Chapter 155) and shall be in addition to, and not in lieu of, open space requirements for planned unit developments pursuant to the zoning code, as amended.
(H) Open space privately owned. Open space privately owned and maintained shall not be given credit for park land dedication. Where private open space for park, playground, trail, open space or other recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, the following standards shall be met:
(1) All yards, court areas, setbacks and other open space required to be maintained by the zoning code shall not be included in the computation of such private open space;
(2) The private ownership and maintenance of the open space shall be adequately provided for by written agreement;
(3) The private open space shall be restricted for park, playground, trail, open space or recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be eliminated without the consent of the City Council; and
(4) The proposed private open space shall be reasonably adaptable for use for such purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space.
(I) Marketability; evidence of good title. Prior to such park land dedication, the developer shall deliver to the City Attorney a title commitment issued by a recognized issuer of title policies in the state establishing that the developer has marketable title to the land intended to be dedicated or conveyed for park land purposes. No subdivision of the land shall be approved until the City Attorney has determined that the developer has good and marketable title to the land intended to be dedicated or conveyed to the city as park land.
(J) Taxes and special assessments. The city shall not be responsible for the payment of any special assessments levied against or otherwise attributable to the land proposed to be dedicated or conveyed to the city for park land purposes. Any special assessment shall be paid by the developer prior to the dedication or conveyance of the land to the city.
(Ord. 582, passed 8-26-2019) Penalty, see § 152.999