(A) As a prerequisite to subdivision approval, subdividers shall dedicate land for parks, playgrounds, recreational areas or public open space and/or shall make a cash payment to the city's park fund as provided by this section. Such dedication of land for public use shall be without restriction or reservation and shall be transferred to the city by dedication in the plat.
(B) In all new subdivisions, at least 10% of the gross area of all property being subdivided shall be dedicated for parks, playgrounds, public open space or other public use. Such percentages shall be in addition to the property dedicated for streets, alleys, drainage ways, pedestrian ways or other public ways. Slopes in excess of 18%, wetlands, ponding areas and natural waterways shall not be accepted by the city as a part of the park land dedication requirements. Storm water ponding areas may be incorporated into the park land but shall not be considered a part of the park land dedication.
(C) Where a proposed park, playground, school site or other public site shown on the Comprehensive Plan, Growth Development Plan or official map is embraced in whole or in part by a boundary of a proposed subdivision and such public sites are not dedicated to the city, such public ground shall be dedicated in the plat to the city. If the subdivider does not choose to dedicate an area in excess of the required 10% of such proposed site, the city may take other action to obtain use of such site.
(D) Land to be dedicated 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 parks, playgrounds, open space or other public lands and recreation areas shall include size, shape, topography, geology, soil types, hydrology, tree cover, access and location.
(E) No areas may be dedicated as park, playground, or public land until such area has been approved for the purpose to which it is to be dedicated. The subdivider shall leave such dedicated land in a condition acceptable to the city.
(F) If in the judgment of the Council the area proposed to be dedicated is not suitable or desirable for park/playground purposes because of location, size or other reason, the city may require a cash payment in lieu of land dedication. The amount of cash payment shall be in accordance with the fee schedule adopted by the Council. The city may elect to accept a combination of land dedicated for park use and a cash payment.
(G) The park cash payment shall be calculated at the time of final plat approval. The Council may require the payment at the time of final plat approval or at a later time under terms agreed upon in the subdivision contract. Delayed payment shall include interest at a rate set by the city.
(H) Cash payments shall be deposited in the city's Park and Recreation Department Fund and shall only be used for planning, acquisition or development of parks, playgrounds, public open space and for trails, pedestrian ways and sidewalks.
(I) Parks bordered on one or more sides by existing creeks or streams shall ensure access to the park is provided from a public street and that pathways that allow emergency motorized vehicle traffic within the park are present.
(J) Property being re-platted 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 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. If the additional land does not create additional lots, then each 1/3 acre added shall be considered a new lot for purposes of calculating the dedication requirements.
(K) When land is dedicated and deeded to the city for park purposes, it shall be the responsibility of the city to maintain such dedicated property.
(L) Land dedication to the city shall be in the form of lots or outlots with approved lot and block numbers.
(M) The Developer shall be responsible for grading and seeding or sodding of required parkland, to city specifications.
(N) Church, school, government buildings and other non-profit organizations who operate and are based within the city limits may be exempt from the requirements specified in this section, by action of the City Council. If the property that is exempt from park dedication is ever subdivided, replatted, or sold and used for other purposes than those mentioned above, it will be subject to the requirements specified in this section.
(O) Where private open space for park and recreation purposes is provided in a proposed subdivision, the areas may not be used for credit against the requirement of dedication for park and recreation purposes.
(Ord. 78A, passed 8-22-1985; Am. Ord. 2006-193, passed 4-27-2006)