A. Dedication: As a condition of subdivision approval, subdividers shall dedicate a reasonable portion of the buildable land, excluding only existing wetlands and right-of-way for arterial or collector roadways, in the proposed subdivision for conservation purposes or for public use as parks, recreational facilities as defined and outlined in Minnesota Statutes section 471.191, playgrounds, trails, wetlands, or open space; provided that the City may choose to accept an equivalent amount in cash for part or all of the portion required to be dedicated based on the fair market value of the land at the time of final approval.
B. Suitability: The land dedicated for parks and trails shall be in addition to property dedicated for streets, easements, or other public ways. Land to be dedicated shall be reasonably suitable for its intended use as determined by the City and shall be at a location convenient to the public to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. Areas of wetlands, ponding areas, and drainageways accepted by the City shall not be considered in the park land dedicated to the City.
C. Recommendation: The applicant shall confer with City staff and the Parks and Recreation Commission at the time the preliminary plat is under consideration, to secure a recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The preliminary plat shall show the location and dimensions of all areas to be dedicated in this manner. Such contribution requirement recommendation(s) will be sent to the Planning Commission for review and comment and subsequently to the City Council for their approval.
D. Proposed Park, Playground, Recreational Area Or Other Public Ground: When a proposed park, playground, recreational area, or other public ground has been indicated in the City's official map or Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the appropriate governmental unit. If the applicant elects not to dedicate an area in excess of the land required hereunder for a proposed public site that the City feels is in the public interest to acquire, the City may consider acquiring the excess land through purchase or condemnation.
E. Requirements: Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City zoning ordinance and shall be in addition to and not in lieu of open space requirements for planned unit developments.
F. Private Open Space: Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas shall not be used for credit against the requirement of dedication for park and recreation purposes, unless the City Council finds it is in the public interest to do so.
G. Cash Contribution: The City, upon consideration of the particular type of development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In such cases, a cash contribution shall be required above the land dedication to ensure that compensation is received for the full amount of the impact on the City's park and trail system.
H. Land Dedication:
1. In residential subdivisions where land dedication is to be required, the following table will be used to determine the dedication requirement:
Density (Units Per Buildable Acre) | Land Dedication Percentage |
0.00 to less than 2.39 | 10 |
2.40 to less than 4.79 | 13 |
4.80 to less than 7.99 | 17 |
8.00 and over | 20 |
2. In all commercial, industrial or institutional subdivisions where land dedication is required, ten percent (10%) of the buildable area of the land being subdivided shall be dedicated for public parks, trails, or open space.
I. Fee In Lieu Of Land: When a subdivision is proposed, the developer shall make a dedication of land for public park use, or the City may require a fee as set forth in section 3-1-2 of this Code in lieu of such land dedication, which is the City's best estimate of the effect of the subdivision on the City's park system.
J. City May Elect: The City may elect, at its sole discretion, to receive land, a cash fee in lieu of land, or a combination of cash, land, and development of the land for park use. The potential cash donation generated by the dedicated land and/or the value of the development of land shall be calculated. That amount shall be subtracted from the cash contribution required by subsection I of this section.
K. Planned Unit Developments: Planned unit developments with mixed land uses shall make cash and/or land contributions in accordance with this section based upon the percentage of land devoted to the various uses.
L. Timing: Park cash contributions are to be calculated and established at the time of final plat approval. The Council may require the payment at the time of final plat approval or at a later time under terms agreed upon in the development agreement. Delayed payment may include interest at a rate set by the City.
M. Cash Contributions: Cash contributions for parks and trails shall only be used for park acquisition or development and trail acquisition or development as determined by the City anywhere within the City park and trail systems.
N. Replatting: Property being replatted with the same number of lots and same number of dwelling units shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, or if land outside the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional lots and on the additional land being added to the plat. If the additional land does not create additional lots, then each one- third (1/3) acre added shall be considered a new lot for purposes of calculating the dedication requirements.
O. Maintenance: When land is dedicated and deeded to the City for park purposes, it shall be the responsibility of the City to maintain such dedicated property.
P. Form: Land dedication to the City shall be in the form of lots or outlots as determined by the City.
Q. Option Of Study: If the applicant or developer does not believe that the estimates contained in this section fairly and accurately represent the effect of the subdivision on the park or trail system of the City, the applicant or developer may request that the City prepare an in depth study of the effect of the subdivision on the park and trail system and an estimate of that effect in money and/or land. All costs of such study shall be borne by the developer or applicant. If the developer or applicant requests the preparation of such a study, the request must be made at the time the development application is submitted. No application for development that is submitted shall be deemed complete until the requested study has been completed and a determination is made as to the appropriate amount of land or money necessary to offset the effects of the subdivision. (Ord. 2019-06, 2-25-2019)