(A) As authorized by law, the City Council shall require as a condition of subdivision approval for all tracts, lots or parcels created within the jurisdictional boundaries of this chapter that a reasonable percentage of the final gross area of the subdivision be dedicated to the public for public use as parks, playgrounds, trails and public open space or, at the City Council’s discretion, that the subdivider contribute an equivalent amount in cash in lieu of the dedication of land, or combinations thereof. The final form and amount of the dedication or contribution shall be determined solely by the city based upon the conditions outlined below.
(B) In single-family and multiple-family residential subdivisions, the subdivider shall:
(1) Pay the city a fee equal to the number of residential units available in the subdivision times the per lot charge set by resolution of the City Council;
(2) Dedicate land selected solely by the city as to its location and configuration, in an amount equal to 7% of the total gross acreage of the land proposed to be subdivided; or
(3) Any combination of
subsections
(B)(1) and (B)(2) of this section as determined by City Council.
(C) In nonresidential subdivisions, the subdivider shall dedicate an amount equal to the quotient arrived at by making the following calculations:
(1) Divide the total square footage of the non-public portion of the subdivision by the minimum square footage for a standard residential lot within the city as set by ordinance; and
(2) Multiply that amount by the per lot charge referred to in
subsection
(A) of this section.
(D) It shall be deemed to be in the public interest to require said contribution for public sites and open space when the Council, after review and recommendation, makes one or more of the following findings of fact:
(1) In establishing the reasonable portion of each proposed subdivision to be dedicated to the public for public use as provided above, the City Council may take into consideration the open spaces, parks, recreational or common areas and facilities which the subdivider has proposed for the exclusive use of the residents or occupants of the subdivision.
(2) The contribution is necessary in order to protect adjacent land uses from potential conflicting land uses which could exist on the land to be subdivided.
(3) The increased number of residents to reside or to be employed within the subdivision will increase the recreational demands upon the city.
(4) The contribution is necessary to provide proper surface water runoff generated by the uses proposed within the subdivision.
(5) The land proposed to be subdivided contains or borders upon existing unique topographical features including, but not limited to ponds, lakes, streams, timber stands, water holding areas, hills, steep slopes, drainage areas, or bluffs which should be preserved to prevent foreseeable safety, pollution or erosion hazards.
(6) The contribution furthers the goals policies and programs of the city.
(E) In subdivisions which include outlots, the subdivider shall pay a fee equal to the fee charges for a buildable lot, as described in
subsection
(A) of this section. When the outlot is then subsequently subdivided, the charges applicable at the time of subdivision approval shall apply, less the amount earlier tendered.
(F) All monies collected under this section shall be placed in a special fund. The funds may only be used to purchase park property and park infrastructure improvements.
(G) Upon petition by the subdivider, the Council may approve a delay in the actual contribution of the cash required in lieu of land until the time as development occurs on the property being subdivided provided that a proper legal agreement is executed guaranteeing the contribution. Delayed contribution payment shall include 8% interest per year. In such cases where the subdivider is required to dedicate land area, the city shall have the right to determine the geographic location and configuration of the dedication. The suitability of the land proposed to be dedicated shall be determined by reference to the following criteria:
(1) Whether the land is reasonably located and suited for its intended use;
(2) Whether land has frontage on public streets;
(3) Size, shape, topography, geology, hydrology, tree cover, access, and location; and
(4) Consistency with the Comprehensive Plan.
(H) As part of the subdivision approval, the applicant shall be responsible for making certain improvements to land dedicated for park, trail, and public open space purposes, including, but not limited to, finish grading, ground cover, construction of trails, and clearly identifying park and trail boundaries with city-approved markers.
(Ord. 20220120-01, passed 1-20-22)