(A) The city requires that all new subdivisions dedicate land for public park land as stated below. Any additional land dedicated to public uses, such as streets, roads, sewers, electric, gas, water facilities, and the like in accordance with M.S. § 462.358, Subdivision 2B, as it may be amended from time to time. Dedication shall be determined by the Planning Commission and/or City Council.
(1) Residential subdivision of up to 10 dwelling units per gross acre - a minimum of 7% of the total gross area.
(2) Residential subdivision in excess of 10 dwelling units per gross acre - a minimum of 10% of the total gross area.
(3) Commercial and industrial subdivision - a minimum of 5% of the gross area including green space dedicated to trees, grass, or shrubs to be maintained by owner or parks or recreational development.
(B) The term new subdivision shall not apply where property lines are being surveyed for the purpose of correcting previous descriptions, situations where individuals are buying and/or selling land only to increase their yard space for individual properties or the re-subdivision of an area where a previous dedication was made.
(C) Where a proposed park, playground, or open space as shown on the Comprehensive Development Plan is located in whole or in part in a subdivision, the Council may require the dedication of the area within the subdivision in those cases where the Council deems the requirements to be reasonable.
(D) When in the judgment of the planning agency, a subdivision is of insufficient size to include an area for park and playground or the subdivision is not designated as an area for playground or park in the Comprehensive Development Plan, the owner or subdivider, in lieu of property dedication, shall pay to the city a sum of money equal to the required dedication percentage multiplied by the gross value of the subdivision. The gross unimproved value of the subdivision shall be determined in accord with the intended use of the property. The city shall request the County Assessor to establish a market value on the proposed use minus any improvements. Payment to the city of the required open space dedication, whether in dedicated property or monies, shall be accomplished by the property owner or subdivider at the time of final platting, provided further that where money in lieu of land is to be paid to the city, the money may be paid in a manner established by policy of the Council. In no case shall the plat be signed or a building permit issued for any lot within the subdivision until the transfer of land or payment in lieu of land has been completed. Any money paid to the city shall be placed in a special fund to be used for the acquisition of land, playground equipment, and/or maintenance equipment for parks and playgrounds only.
(Ord. 217, passed 11-5-2001; Am. Ord. passed 2- -2004; Am. Ord. passed 4-5-2004; Am. Ord. passed 9-7-2004)