(1) A reasonable portion of every proposed subdivision shall be dedicated to the city for public streets, roads, utility easements, water facilities, storm water drainage and holding areas or ponds and other similar utilities and improvements.
(2) As a prerequisite to any subdivision approval, and at the sole determination by the city, applicants and/or developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the city's park dedication fund roughly related to the anticipated effect of the subdivision on the park and trail system. The amounts listed in this section are the city's best estimate of the dedication or cash contribution needed to offset the effect of the subdivision on the park and trail system. The requirement may also be met with a combination of land and cash if approved by the City Council.
(3) Land shall be reasonably suitable for its intended 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, hydrology, tree cover, access and location, and future park needs pursuant to the Comprehensive Plan. Wetlands, ponding areas, and drainage ways shall not be eligible for park dedication credit. Park land to be dedicated shall be above the ordinary high water level. Grades exceeding 12% or areas unsuitable for park development shall not be considered for dedication. Land with trash, junk, pollutants and/or unwanted structures is not acceptable.
(4) The applicant shall confer with city staff and the Park Board at the time the preliminary plat is under consideration, to secure a recommendation as to the location of any property to be dedicated for parks and open space. The preliminary plat shall show the location and dimensions of all areas to be dedicated. The contribution requirement recommendation(s) will be sent to the Planning and Zoning Board for review and comment and subsequently to the City Council for their approval.
(5) When a proposed park, playground, recreation area or other public ground has been indicated in the city's official map or comprehensive plan and is located in whole or in part within a proposed plat, it shall be dedicated as park to the appropriate governmental unit. For an unplatted subdivision, this public ground shall be conveyed to the appropriate governmental unit by other means as a condition of approval. If the applicant elects not to dedicate an area in excess of the land required hereunder for the proposed public site, the city may consider acquiring the excess land through purchase or condemnation.
(6) Where private open space for park and recreation purposes is provided in a proposed subdivision, the areas may be used for credit, at the discretion of the City Council, against the land or cash dedication requirement for park and recreation purposes, provided the City Council finds it is in the public interest to do so and provided there is a legally enforceable mechanism in place to ensure that the private open space shall remain permanent open space.
(7) The city, upon consideration of the particular type of development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In these cases, a cash contribution shall be required above the land dedication to ensure that compensation is received for the full amount of the impact on the city's park and trail system.
(8) In all new residential, commercial and industrial subdivisions, 10% of the area subdivided shall be dedicated for public recreation space or other public use as established by City Council resolution. A different percentage may be applied as the City Council shall determine to be reasonably necessary as a result of the subdivision approval. This 10% shall be calculated on the net area, which is the gross area of the subdivided property minus the area in wetlands. The land dedicated for public recreation shall be in addition to property dedicated for streets, alleys, easements or other public ways. No areas may be dedicated for public use until the areas have been approved by the City Council as suitable and necessary for the health, safety, convenience and general welfare of the city.
(9) All land proposed for park, trail and/or open space dedication shall be subject to the recommendations of the Park Board and approval of the City Council.
(10) The city may at its discretion choose to require a cash fee as set by ordinance in lieu of land dedication for some or all of the new lots created in the subdivision. Combined land dedication and cash in lieu of land shall be calculated as follows.
(a) The total number of residential dwelling units in the development shall be multiplied by the residential per unit park dedication charge established by the City Council. The result of this calculation is equal to the cash-in-lieu total if all park dedication for the subdivision were to be cash in lieu of land.
(total number of lots) x (park dedication charge) = cash-in-lieu total |
(b) 1. The value of land being dedicated shall be based on the per-acre market value of the land multiplied by the number of acres being dedicated:
(acres of land dedication) x (per-acre market value) = value of land dedication |
2. The market value of the land shall be based on an appraisal of fair market value of the unplatted land (for which park fees have not already been paid) no later than the time of approval of the final plat.
(c) The amount of cash to be contributed in combination with land is the cash-in-lieu balance, which shall be calculated with the following formula:
(cash-in-lieu total) - (value of land dedication) = cash-in-lieu balance |
(11) Planned unit developments with mixed land uses shall make cash and/or land contributions in accordance with this section based upon the percentage of land devoted to the various uses.
(12) Cash dedications shall be included in the development agreement and paid prior to the city's signature of and release of the final plat. For subdivisions that do not require a development agreement, the cash dedication shall be paid before the city releases the signed approval of the subdivision for recording.
(13) Cash contributions for parks and trails shall be deposited in either the city's park fund or multi purpose trail fund and shall only be used for park acquisition or development, and trail acquisition or development as determined by the city.
(14) Property being re-subdivided with the same number of lots and same number of dwelling units shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, or if land outside of the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional lots and on the additional land being added to the plat.
(15) If the applicant or developer does not believe that the requirements contained in this section fairly and accurately represent the effect of the subdivision on the park or trail system of the city, the applicant or developer may request that the city prepare an in depth study of the effect of the subdivision on the park and trail system and an estimate of that effect in money and/or land. All costs of the study shall be paid by the developer or applicant. If the developer requests the preparation of a study, no application for the development shall be deemed complete until the study has been completed and a determination is made as to the appropriate amount of land or money necessary to offset the effects of the subdivision.
(Ord. 06-01, passed 5-29-2001; Am. Ord. 04-03, passed 2-24-2003; Am. Ord. 02-09, passed 2-23-2009.)