(A) Authority.
(1) Pursuant to M.S. 462.358, as it may be amended from time to time, the City Council, upon recommendations by the Planning Commission, shall require all subdividers requesting platting or replatting of land in the City of Park Rapids to contribute 5% of final gross area of the subdivision to be dedicated to the public for their use as either parks, playgrounds, public open space, trail systems; or to contribute an equivalent amount of cash, or any combination thereof.
(2) The form of contribution (cash, land, or any combination thereof) shall be decided by the City Council upon recommendation of the Planning Commission.
(3) Stormwater ponding areas may be incorporated into the park land but shall not be consider a part of the park land dedication.
(B) Conditions for contribution for dedication. It shall be deemed in the public interest to require land dedication, cash contribution or any combination thereof when the City Council, after review and recommendation, makes 1 or more of the following findings of fact:
(1) The contribution is necessary in order to protect adjacent land uses from potential conflicting land uses which could exist on the land being subdivided.
(2) Increased number of residents to reside or be employed within the subdivision will increase the recreational demands upon the city.
(3) The contribution is necessary to provide surface water run off generated by the use proposed within the subdivision.
(4) The land proposed to be subdivided contains or borders upon existing unique topographical features including but not limited to ponds, lakes, streams, timber stands, water holding areas, hills, steep slopes, drainage areas or bluffs which should be preserved to prevent foreseeable safety, pollution, or erosion hazards or to provide unique recreational and aesthetic qualities and enjoyment for the City of Park Rapids.
(5) The contribution is necessary to comply with or fulfill the goals, policies, and plans of the city.
(C) Type of contribution or dedication.
(1) The City Council shall require the subdivider to dedicate 5% of the final plat gross area or contribute an equivalent amount of cash, or any combination thereof to be used for either park, open space or trail purposes.
(2) Land dedication will only be accepted if the property is consistent with the city’s recreation or other related plans. In the absence of these plans or if the proposed dedicated land is inconsistent with the appropriate city plans, cash contribution shall be mandatory.
(D) Procedure for cash contribution.
(1) Any cash contribution shall be based on 5% of the estimated fair market value of the undeveloped land of the final plat area.
(2) For purposes of this division, FAIR MARKET VALUE OF UNDEVELOPED LAND is defined as fair market value of the undeveloped portion of the proposed gross platted area at the time of final plat submittal. The value shall exclude any value to be added to the land as a result of improvements required as part of the final plat approval, including utilities, streets, holding ponds and other public improvements serving the land. The fair market value as determined by the City Council shall be based upon a current appraisal submitted to the city by a qualified real estate appraiser at a fair market value or by reference to the estimated market value as determined by the Hubbard County Assessor or by market analysis or other qualified opinion from a non-certified appraiser. The cost of the appraisal shall be originally paid by the city and then paid to the city from the cash contribution amount paid by the subdivider. If the subdivider disputes the accepted appraisal, the subdivider at his or her own expense may obtain a second appraisal of the property, which may, at the option of the City Council, be accepted by the City Council as being an accurate appraisal of the property in question. If the city rejects the subdivider’s second appraisal, the amount of the cash contribution shall be settled by arbitration between the subdivider and the City Administrator. All revenue obtained as park dedication fees shall be placed in the city’s park land dedication account.
(E) Land dedication. In cases where the subdivider is required to dedicate land area, the City Council shall have the right to determine the geographic location and configuration of the dedication.
(F) Delayed dedication or contribution. At the time of preliminary plat approval, the subdivider shall commit to the park dedication policy. The subdivider shall be required to pay the dedication prior to the filing of the final plat.
(G) Exceptions for outlots. In subdivisions which include outlots, the subdivider may contribute land, cash, or any combination thereof for the entire subdivision, including land within the outlots, or for only that land exclusive of the outlots. When the outlots are subdivided, the contribution requirement shall be met in accordance with then existing regulations as applicable, unless the contributions have been previously met.
(H) Resubdivision credit. In a subdivision of any parcel of land which previously has been subdivided and previously subjected to a cash contribution of land dedication, the amount of the land dedication or cash contribution previously received or dedicated shall be a credit against any new contributions or dedication required for resubdivision.
(I) Commercial or industrial subdivisions. The City Council may waive the requirements of this section for commercial or industrial subdivisions or resubdivisions when it is found the waiver is in the best interest for the City of Park Rapids.
(Prior Code, § 66-220) (Ord. 346, passed 6-12-2001; Am. Ord. 400, passed 11-25-2003; Am. Ord. 418, passed 11-29-2004) Penalty, see § 151.999