A. Reservation: Where a proposed park, playground, school site or other public site as shown on the city parks plan or comprehensive plan is embraced in part or in whole by the boundary of a proposed subdivision and such public sites are not dedicated to the city or board of education, such site shall be reserved and no action taken towards approval of preliminary or final plat for a period not to exceed ninety (90) days to allow the city or board of education the opportunity to consider and take action toward acquisition of such site by purchase or other means.
B. Park Land Dedication: All plats, including plats associated with planned unit developments, shall be subject to the park dedication requirements of this section. In all new subdivisions, there shall be land dedicated for public recreation and/or open space, or other public recreation purpose, with such land being in addition to property dedicated for streets, alleys, easements or other public ways.
1. The city council may require the developer to dedicate, reserve or otherwise convey to the city a reasonable portion of the total area of a proposed development or subdivision for public recreational/open space purposes. The city council will reasonably determine whether the development or subdivision will increase the demand for public recreational uses, such as parks, playgrounds, trails and open space, and whether the public purposes set forth in the city park plan or comprehensive plan will be met. At least seven percent (7%) of the area to be developed or subdivided shall be set aside and dedicated by fee title or easement to the city for public recreation and/or open space purposes. Gross area shall include all land in the proposed subdivision, including, but not limited to, land designated as outlots, roads and rights of way, drainage and utility easement, and designated wetlands. Lands to be dedicated to the city as public recreation and/or open space shall meet at least one the of following criteria:
a. The land is adjacent to existing public land used for recreational and/or open space purposes, or where future uses are planned that are consistent with the city recreation/open space purposes and needs.
b. The land would extend an existing or proposed trail system.
c. The land is of sufficient size and appropriate nature to maintain a recreation purpose appropriate for that area.
d. The soils should be suitable for construction of action recreation facilities, such as picnic shelters, playground equipment, ballfields, etc.
e. Proposed parks should be located in an area that is readily accessible by the road system, can support adequate park space, and can serve both the subdivision and other residents using the city park system.
f. Provide an opportunity for habitat restoration to support a natural resource based park system.
In addition to the criteria listed above, land dedicated shall, as much as possible, extend and protect sensitive areas, including, but not limited to, historically significant sites, environmentally sensitive areas or unique natural resources or features.
2. The amount and location of lands to be dedicated shall be determined in the following manner:
a. Prior to the public hearing on the preliminary plat, the administrator will forward a copy of the preliminary plat to the city park, recreation and tree board.
b. The park, recreation and tree board will review the plat and forward a written recommendation to the administrator.
c. The administrator, city staff and planning commission shall report and recommend the amount and location of lands to be donated for public recreation purposes in accordance with the city park plan and comprehensive plan, and the standards set forth in Minnesota statutes section 462.358.
d. The city council shall approve the amount and location of lands to be donated for public recreation purposes in accordance with the city plans and the standards set forth in Minnesota statutes section 462.358.
e. This determination shall be made at the time the city council meets to act on the preliminary plat where the developer may be heard regarding the dedication requirement.
f. The amount of land to be dedicated in a residential development or subdivision shall be determined by applying the following formula: number of units in subdivision multiplied by the number of people per household multiplied by the per capita park land share equals the park land dedication area.
g. The amount of land to be dedicated in a commercial, mixed use and industrial development or subdivision shall depend upon the density of units per acres on the proposed development or subdivision, and shall be determined by applying the following formula:
PROPOSED MAXIMUM UNITS PER ACRE
Market Value Percentage | |
0 – 2 | 3 percent |
2.1 – 3 | 4 percent |
3.1 – 4 | 5 percent |
4.1 – 5 | 6 percent |
5.1+ | 7 percent |
In determining the amount of acreage to be dedicated for public recreation and/or open space use, the city council may consider the amount of open space, park, recreational or common areas and facilities which the developer will reserve for use by occupants of the proposed development or subdivision. No areas may be dedicated for public recreation use until such areas have been approved as being suitable and needed for the public health, safety, convenience and/or general welfare.
3. The city council, in its discretion upon recommendation of the planning commission, may accept a cash fee in lieu of land dedication, or accept a combination of cash and land contributions. The fee up to ten percent (10%) of the county assessor's market value of the proposed development or subdivision as of the date of final plat approval, excluding the value of the proposed streets, alleys, easements or other public ways. The market value of the land shall be determined by the use of tax assessment records and formulas that apply thereto, with said fee deposited into the city park improvement fund. Except as hereinafter provided, the cash equivalency payment shall be due and payable on or before the release of the final plat by the city.
4. When the development or subdivision is too small for practical dedication of land for public recreation and/or open space purposes, or if no land of the subdivision is necessary to be dedicated or is determined unsuitable for such purposes, the subdivider shall pay a fee of fifty dollars ($50.00) per lot created or ten percent (10%) of the subdivision land value prior to subdivision.
5. Lots created in any manner that are larger than five (5) acres or three hundred feet (300') in width shall not be subject to paying a fee in lieu of public land dedication, but may be subject to dedication of land for public use. (Ord. 10, 6th Series, eff. 3-2-2009)