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Any provisions of these regulations may be changed and amended from time to time by the Council; provided, however, that such changes and amendments shall not become effective until after study and report by the Commission and until after a public hearing has been held, public notice of which shall be given in a newspaper of general circulation at least 15 days prior to such hearing.
The dedication of public park land is being required to insure that land is properly located and preserved for park and recreational purposes to serve future community growth.
1. Requirement. The development of any property for residential purposes shall be required to dedicate public parkland. No new plats or site plans for residential development shall be approved unless the provisions of this section are complied with.
2. Definitions. As used in Section 175.12, the following terms have the following definitions:
A. “Developer” means any person, individual, firm, partnership, association, corporation, estate, trust, or other entity proposing to subdivide or build on land to construct residential dwellings.
B. “Minor subdivision” means a subdivision with no proposed streets and fewer than four lots.
C. “Multi-family” means a dwelling designed for or occupied by three (3) or more families with separate cooking facilities for each. Multi-family for the purposes of park dedication regulations excludes triplexes and townhomes.
D. “Park” means an area of land set aside for public use and maintained for recreational purposes.
3. Exemptions. The following shall be exempted from the public parkland dedication requirements as long as a claim for exemption is made no later than the time of preliminary plat or site plan application.
A. Developments that do not include residential units.
B. Minor subdivisions.
C. Alterations or expansions of an existing building where no residential units are created and where the use is not changed. This includes the replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use.
D. The construction of accessory buildings or structures.
E. Developments with existing plats, site plans, or building permits that have received approval prior to the enactment of Section 175.12.
F. Any non-residential uses that are part of a plat or site plan with mixed uses.
4. Change of Use. In the case of a change or use, redevelopment, or expansion which requires the approval of an amended plat or site plan, the park dedication requirements shall be based on the new lots or new units being proposed.
5. Amount to be Dedicated. This subsection shall prescribe the minimum amount of space to be provided for public park purposes in each proposed development. The amount of parkland dedication is identified by multiplying the amount of park dedication per resident by the development population.
A. Park Dedication Per Resident. The City seeks to provide 5 acres of public parkland per 1,000 residents. This is equivalent to 0.005 acres of parkland per resident.
B. Development Population. The City has determined that the average number of people per dwelling unit varies based on the dwelling unit type. Thus, in order to calculate how many people will be residing in a proposed development the developer must multiply the number of planned dwelling units of each type by the average number of people per unit as identified in the following table:
Dwelling Unit Type | Population/Unit |
Single-Family Detached, Single-Family Attached, Duplex, Triplex Townhome or Mobile Home | 3.0 |
Mutli-Family | 2.0 |
C. Calculation. To determine the required parkland for each development, the developer shall take the park dedication per resident identified in A above and multiply it by the proposed development population calculated in B above. For illustration purposes only:
0.005 acres/individual X 225 people (75 lots x 3.0 people/unit) = 1.125 acres.
6. Acceptable Land Defined. When a developer is dedicating parkland, the slope, topography, and geology of the dedicated site as well as its surroundings must be suitable for its intended purpose. While wetlands, floodplains, floodways, stormwater detention areas/ponds, and steep slopes may be accepted for City ownership and maintenance, such areas shall not serve as a credit toward parkland dedication. At a minimum, 75% of the area to be dedicated shall be capable of development as active recreation area as determined by it being sufficiently level and uninterrupted by public or private utilities, streams, and drainage ditches.
7. Payment in Lieu of Parkland. In lieu of dedicating parkland, the developer may request the ability to make a cash payment. The City Council shall evaluate this request giving due consideration to all of the factors listed in Section 8A. The donation shall be no less than the minimum number of acres required. A mutually appointed appraiser will determine parkland fair market value. The developer shall pay any expenses accrued in the determination of the payment amount.
8. General Regulations.
A. The determination of what land shall be dedicated shall be based on the following:
(1) The City’s Comprehensive Plan and/or a Park or Trail Master Plan.
(2) Area master plans.
(3) The topography and geology of the land within the subdivision.
(4) The location of existing and proposed parks, trails and greenways.
(5) The size and shape of the property and the land available for dedication.
(6) The presence of undeveloped lands adjacent to the development boundary where a dedication may be favorable so as to allow the public parkland to be increased in size when the adjacent property develops.
B. At the time of filing a preliminary plat or site plan, the developer of the property shall, as part of that filing, indicate whether he or she desires to dedicate parkland or pay a fee in lieu thereof. If the developer desires to dedicate parkland, said person shall designate the area on the preliminary plat or site plan. The proposed parkland dedication will be reviewed as part of the preliminary plat or site plan review process. Dedication of land or payment of a fee in lieu shall be completed prior to development recording or issuance of building permits.
C. The developer shall designate on the plat map or site plan the proposed number of dwelling units by type. Designation shall be for park dedication calculation purposes only and such designation shall not constitute approval of the design or location of units. If a number is not designated on the plat or site plan, the total number of dwelling units shall be the maximum number of such units permitted by the exiting zoning district. If the developer wishes to change the density, a new plat map or site plan shall be submitted detailing the changes. If the density is increased, the additional dedication amount shall be calculated and will be due before changes can be approved. Should the density be lowered, arrangements will be made to return dedicated property, at the developer’s expense, provided that it has not yet been developed as park space.
D. Land conveyed to the City for park purposes shall be conveyed by warranty deed, free and clear of any and all liens and encumbrances, including judgments, attachments, mechanics, and other liens.
E. The developer shall be required to prepare the parkland prior to dedication in a manner acceptable to the City. This includes:
(1) The site shall be located adjacent to an improved street with sidewalks and utilities as required by the City. The site shall have access to such a fully improved street across at least ten (10) percent of the distance of its perimeter. Any access route shall be at least thirty (30) feet wide for trails and fifty (50) feet for roadway access.
(2) On-site drainage patterns shall be designed and constructed by the developer with the approval of the City.
(3) Grading shall comply with approved plans.
(4) Top soil shall be spread evenly and lightly compacted to an adequate depth for turf growth.
(5) Seeding shall occur during the fall or spring in accordance with standard specifications of the City. A maintainable stand of grass shall be established prior to acceptancy by the City.
(Section 175.12 – Ord. 10-2023 – Jul. 24 Supp.)
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