(A) Purpose.
(1) The preservation and development of parks, playgrounds, trails and open space areas within the city are essential to maintaining a healthy and desirable environment for residents and non-residents alike. The value and attractiveness of residential and commercial/industrial developments to land owners, developers, purchasers, employers, and employees is significantly enhanced by the presence of such parks and open space amenities.
(2) Development of land for residential, commercial, office, mixed use and industrial purposes creates a need for park and recreational land and facilities within the city. Each development within the city shall contribute toward the city's park system in proportion to the need created by the proposed subdivision or development.
(3) In accordance with M.S. § 462.358, Subd. 2b, provides that municipal subdivision regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, playgrounds, trails, wetlands, or open space, and that the municipality may alternatively accept an equivalent amount in cash.
(4) An essential nexus is created between the fees or dedication imposed and the city purpose sought to be achieved by the fee or dedication. The fee or dedication bears a rough proportionality to the need created by the proposed subdivision or development.
(B) Compatibility with the comprehensive plan. The city shall adopt a Park Improvement Program (PIP) and budget for its parks, playgrounds, trails and open space program. The PIP shall become part of the city's Capital Improvement Plan (CIP), as adopted by the City Council, and a component of the comprehensive plan.
(C) Land dedication requirements. At the time of subdivision, the developer shall dedicate land for public use as parks, playgrounds, recreation facilities, trails, or public open space, in an amount equal to the development's proportional share of the city park system. Any land dedicated shall be in a location and of a character consistent with and suitable for meeting the needs identified by the city's comprehensive plan. Generally, land located within flood plains or wetlands shall not be accepted to meet the proportional share of required land dedication. The city may consider accepting ownership of these lands without giving credit for park dedication. The land dedicated shall also be in addition to property dedicated for streets, alleys, easements, storm water ponding, or other public rights-of-way.
(1) Should the dedication of land prove difficult, the city may, at its option, require a developer or property owner to purchase and donate land elsewhere in the city and develop it for public use as parks, playgrounds, recreation facilities, trails, or public open space. The Park and Recreation Commission shall review and City Council must approve of the location and proposed development plan.
(2) The dedication requirements shall be set annually by the city fee schedule.
(D) Cash requirements.
(1) The city shall have the option of requiring cash in lieu of land dedication or conveyance. The cash amount(s) required for new residential development is based on each new unit created. The amount(s) required for new commercial, office and industrial developments shall be based on the acreage being developed. The cash-in-lieu fee for mixed-use will be based on the number of residential units created and the amount of new acreage of commercial/industrial space being created. The rates shall be set annually by the city fee schedule and be based on an essential nexus between the identified park needs and the proportional amount of burden placed on the parks and trails system by the proposed development.
(2) The amount of cash required for the development of land shall be reviewed annually as part of the fee schedule ordinance so that it reflects the anticipated effect of development on the city parks, playgrounds, trails and open space. The PIP, CIP, and comprehensive plan defines needs for the above mentioned programs in helping determine a development impact on these systems.
(3) Any cash payments received shall be placed in a special fund by the municipality used only for the purposes of acquisition, development or capital improvement of the parks, playgrounds, trails or open space based on the approved park systems plan. Cash payments cannot be used for ongoing operation or maintenance.
(4) The amount owed to the city shall be determined upon final approval of the application, and shall be specified in the authorizing resolution and/or development agreement.
(E) Land and cash combination. If the city determines that land is needed in the development, but in a lesser amount than the required proportional share, the Council may require payment of cash in lieu of land dedication based on a pro-rata share of the land dedication that otherwise would be required.
(F) Fulfilling requirements.
(1) The developer or property owner shall deed the land to be dedicated for public use and/or open space purposes to the city upon approval of the project by the City Council. The deeding of the land shall be done at no expense to the city.
(2) Cash payments shall be paid to the city prior to final approval and release of the final plat, unless otherwise specified in a development agreement. The city may withhold release of financial obligations (i.e. letters of credit, escrow, and the like) tied to a development until the cash payment(s) are received. For projects not requiring a development agreement or financial obligations, cash payments must be made prior to the city issuing project authorizing resolution(s) and/or building permit(s).
(G) Improvement of land.
(1) Land identified for park uses and/or public open spaces shall be suitable for park development. In the event such land use is unsuitable for immediate use because of topographic or other limitations, the developer shall grade and seed the land for such suitable uses.
(2) The developer or property owner may agree to make certain improvements to the donated land in lieu of the full land dedication or combined dedication and cash contribution. Such improvements shall be agreed to by the Park Commission and City Council and may include, but not be limited to, installation of playground or other park equipment, sport courts, trails, and the like. The agreed-to improvements shall be included in the development agreement.
(H) Trails and sidewalks. The developer or property owner shall be required to construct trails and sidewalks on the property to be developed in a manner determined by the city and in accordance by the city's Comprehensive Pedestrian, Bike and Trails Map. The city, at its sole discretion, may choose to collect a cash-in-lieu fee for these improvements and complete them at a time that coordinates with other public improvements.
(I) Transfer or conveyance of property. Prior to the dedication, the developer or property owner shall deliver to the city a title insurance policy in favor of the city. The dedicated land shall be conveyed by warranty deed. Such title shall vest in the city good and marketable title, free and clear of mortgages, liens, encumbrances, assessments or taxes. The conveyance documents shall be in a form acceptable to the city. Developer or property owner shall execute all documents necessary to convey the property and record the warranty deed.
(Ord. 742, passed 10-14-2015)