In order to provide for schools, parks, open space and other public facilities necessary to serve the residents and employees of new development, the Town of Morrison may require land dedication for these purposes in any new subdivision or resubdivision.
A. Land Dedication: The amount of land to be dedicated for public purposes is:
1. For residential development, not less than 15% of the land area of the tract being subdivided.
2. For commercial, industrial or office development, not less than 8% of the land area of the tract being subdivided.
The amount of land dedicated on the plat to the Town for streets, alleys, drainage easements, emergency access easements, utility easements and pedestrian/bike easements, if any, shall not be included in the calculation of the required public land dedication.
Land dedication for public use must be suitable (as determined by the Planning Commission) for the type of development and/or use for which it is intended. If land is dedicated to the Town, it shall be free of all liens and encumbrances.
B. Payment in Lieu of Land Dedication. The Planning Commission may determine that dedication of land would not be in the best interests of the Town of Morrison or the eligible agencies that may be the recipients of the land dedication. In those cases the Planning Commission may require payment in lieu of the land dedication. Payment in lieu of land dedication shall be based on the fair market value of the unimproved land that would have to be dedicated under the provisions of paragraph A., of this Section. The fair market value shall be determined as follows:
1. The fair market value as shown in the records of the Jefferson County Assessor.
2. If the subdivider disagrees with the Assessor's fair market value, the Planning Commission will retain a certified MIA appraiser to appraise the land. Any costs of an appraisal shall be born by the subdivider.
C. Determination of Land Dedication or Payment in Lieu Option. In determining which of the above options to implement, the Planning Commission shall consider the following:
1. The size of the development and its adequacy for accommodating a suitable public use site;
2. The community facility aspects of the Master Plan and the plans of the eligible districts and agencies.
3. Existing parks and other public uses in the area;
4. The topography, geology and location of land in the subdivision available for dedication;
5. The needs generated by the development;
6. Other appropriate factors.
D. Impact Analysis Option: In the event the subdivider wishes to take issue with the percent of land to be dedicated as stated in paragraph A. 1&2. of this Section, the subdivider may elect to prepare, or have prepared, a Public Facility Impact Analysis which shall include the following:
1. For residential development:
a. The number of single family and multi-family dwelling units , the projected public school enrollment per unit (K-12), and the amount of land necessary to meet the demand, based on data supplied by the Jefferson County School District.
b. The estimated acres of park and open space land necessary to meet the demands of the subdivision residents, based on National Park and Recreation Association, Standards for Parks and Open Space, 1983, as as amended or revised, or other equivalent standards as may be approved by the Planning Commission.
2. For non-residential development, the estimated acres of park and open space land necessary to meet the demands created by the development, based National Park and Recreation Association, Standards for Parks and Open Space, 1983, as amended or revised, or other equivalent standards as may be approved by the Planning Commission.
The Impact Analysis shall be prepared by a person qualified and with relevant experience necessary to conduct the analysis. (Ord. 498, 12-1-2020)