(A) Dedication required.
(1) In all subdivisions to be developed for residential, commercial, industrial or other uses or as a planned development which includes residential, commercial and industrial uses or any combination thereof, a subdivider shall dedicate a reasonable portion of the buildable land of the proposed subdivision to the public or to be preserved for public use as parks, recreational facilities, playgrounds, trails or public open space. For purposes of this section, BUILDABLE LAND means the gross acreage of the subdivision excluding designated wetlands and land set aside as open space in a manner approved by the city.
(2) The city may, at its option, require a cash contribution in lieu of dedication or require a portion of the required dedication be in land and a cash contribution in lieu for the balance thereof. Cash payments received shall be placed in a special fund and used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, public open space, redevelopment or rehabilitation of existing facilities or sites or debt retirement in connection with land previously acquired or improvements thereto previously constructed for such public purpose. No funds shall be used for ongoing operation or maintenance of existing parks or recreational facilities
or sites.
(3) In considering the portion to be dedicated or preserved or the amount of the cash contribution, the city, must give due consideration to the open space, park, recreational or common areas and facilities open to the public which the subdivider has reserved for the subdivision; except that, storm water holding areas or ponds, whether required by the city or any other regulatory body, will not be taken into consideration.
(B) Determination of dedication procedure. Upon receipt of a qualifying subdivision, the Council shall refer it to the Parks and Recreation Commission. The Commission shall report to the Council its dedication recommendation. Upon receipt of the recommendation, the Council shall call for either a land dedication, a cash payment or a combination of the two, in size, location or amount, as it determines. The Council may require a professional appraisal to determine market value for purposes of a cash payment, the cost of which shall be paid by the subdivider.
(C) Credit for existing single-family dwelling. The subdivider of any parcel of land shall receive a credit for an existing single-family dwelling unit by excluding the acreage of the occupied parcel remaining after subdivision from the computation of dwelling units per acre if the parcel of land is zoned for single-family residence and has located thereon one single-family dwelling.
(D) Dedication amount.
(1) (a) Dedication amount: up to 10% of the buildable land of the proposed subdivision;
(b) Residential: $3,500 per dwelling unit; and
(c) Commercial/industrial: cash equivalent of up to 10% of the estimated market value of buildable land based on fair market value.
(2) The exact portion of land or cash shall be established by the city based on the following factors:
(a) Type of the proposed subdivision land use: residential, industrial or commercial;
(b) The need for open space generated by the proposed subdivision;
(c) Existence of land dedicated for public use within the proposed subdivision, excluding areas reserved as storm water holding ponds;
(d) Fair market value of the land; and
(e) Other relevant factors unique to a particular subdivision supporting the need for dedication of lands for public use.
(3) If a cash fee from the subdivider for part or the entire portion required to be dedicated is to be paid by the subdivider, such amount is due no later than at the time of final approval of the proposed subdivision.
(E) Dedication for re-subdivision. For any subdivision of a parcel on which a cash dedication for parks has previously been made but on which an additional cash dedication is required due to re-subdivision, the amount of cash dedication required on the re-subdivided parcel(s) shall be based on the market value of the buildable land at the time of re-subdivision and the factors set forth in subdivision division (D) above less any applicable credit for the prior cash dedication.
(F) Right of appeal. Pursuant to M.S. §§ 462.358 and 462.361, as they may be amended from time to time, a subdivider may appeal the imposition of dedication fee to the district court within 60 days of the approval of the subdivision application. The subdivider must give written notice to the city regarding a proposed fee dispute prior to the final decision on the proposed subdivision. Upon receiving the notice, the city shall place the disputed fee amount in an escrow and shall continue processing the subdivision application as if the fee had been paid. The city must not condition the approval of any proposed subdivision on the subdivider’s waiver of the right to challenge the dedication fee. If the subdivider fails to appeal the dedication fee within 60 days of the subdivision approval, or if the subdivider does not prevail on the appeal, the funds paid into escrow will be transferred to the city.
(Prior Code, § 1204.02) (Ord. 474, passed 09-25-1989; Ord. 604, passed - -1997; Ord. 745, passed 07-26-2004; Ord. 860, passed 10-06-2011; Ord. 960, passed 07-22-2019)