(A) Suitability of Land for Subdivision. All land may be subdivided. No land will be subdivided into buildable lots when it is unsuitable for reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewer disposal capabilities, or any other feature likely to be harmful to the health, safety or welfare of residents of the community or future residents of the proposed subdivision. In applying this section, the facts constituting the basis upon which one concludes that the land is not suitable for a proposed use affords the subdivider an opportunity to present evidence regarding suitability.
(B) Preservation of Natural Features.
(1) A proposed subdivision shall not significantly affect or destroy natural features or environmentally sensitive areas. The Council may deny approval of a subdivision if provision is not made for protection of these areas or the plat is not consistent with the policies contained in the Comprehensive Plan or the subdivider has not shown that reasonable alternative subdivision or street locations will not reduce impacts or intrusions into these areas.
(2) Subdivision review shall be coordinated with the requirements and procedures for environmental assessment and impact statements contained in this Code. Any mandatory environmental assessment worksheet (EAW), as required by the Minnesota Environmental Quality Board Regulations, shall be submitted as part of the application for preliminary plat approval.
(C) Parkland Dedication.
(1) Authority, Purpose, Basis.
(a) Pursuant to Minnesota Statute § 462.358, Subd. 2b, the City has authority to require a reasonable portion of the buildable land of any proposed subdivision be dedicated to the public or preserved for public use, including parks, recreational facilities, playgrounds, trails, wetlands, and public open space. In the alternative, the City may choose to accept a cash fee for some or all of the value of the dedication.
(b) Purpose. The City recognizes that the preservation and creation of parks, recreational facilities, playgrounds, trails, wetlands, and public open space is essential to maintaining a healthful, safe and desirable community. The City must not only provide these necessary facilities for the citizens of today, but also for the future needs of the City as described in the Comprehensive Plan and the Parks, Trails and Open Space Master Plan.
It is recognized that the demand for park, recreational facilities, playground, trails, and public open space within a municipality is directly relate to the density and intensity of development permitted and allowed within any area. Greater densities mean greater numbers of people and higher demands for such public amenities.
(c) Basis. The City shall conduct an individualized determination of the amount of land needed for the purposes set forth in this Chapter and shall demonstrate an essential nexus between the land dedication or cash fee, and the purpose sought to be achieved. The dedication or fee shall bear a rough proportionality to the need created by the proposed subdivision.
(2) Land Dedication
(a) The amount of land to be dedicated under this section will generally follow the schedules below, however the total amount required for dedication may increase or decrease based on the City’s basis analysis. The City alone shall determine the location and configuration of any land dedicated, taking into consideration the suitability of the land for its intended purpose and the City’s needs for park, playground, trail, or public open space. All land dedication determinations shall be based on the net area of the property. The “net area” of the property shall be the gross area of the property minus the area of wetlands, lakes, and streams below the ordinary high-water mark. The land dedicated for public use shall be in addition to property dedicated for streets, alleys, easements, storm water ponding, or other public ways.
(b) Condition of Areas to be Dedicated. The dedicated land areas will consist of suitable land and will be located so as to best serve the present and future needs of the neighborhood and community for recreation and park purposes. Lands below the 100-year floodplain elevation and land required for stormwater holding ponds will receive no credit toward the park dedication requirements. Area to be dedicated for public park, trail, open space or ponding shall be brought to a suitable grade, seeded, fertilized, planted, or sodded condition by the subdivider. All dead trees, trash, junk, unwanted structures or similar undesirable elements shall be removed by the owner or subdivider at the expense of said owner or subdivider.
(c) Residential Property.
ACRES | ESTIMATED PERCENTAGE OF NET AREA |
0—2 acres | 10% |
More than 2 acres | 5% |
(d) Commercial. An estimated 10% of the net area shall be dedicated for public space.
(e) Industrial. An estimated 4% of the net area shall be dedicated for public space.
(3) Cash Contributions.
At the City Council’s sole discretion, a cash contribution may be accepted in whole or in part for the required land dedication under this Chapter. The park land dedication fee guidelines shall be determined by the City Council on an individualized basis. The amounts included in the City’s fee table below are for use as a general guideline.
(a) Timing of payment. Cash contributions shall be paid prior to the release of the final plat or subdivision approval.
(b) Use of payments. Cash payments received under this Section shall be placed in a special fund to be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or public open space based on the City’s approved park systems plan.
(c) Determining the amount of a cash contribution or combination cash and land contribution. In the event the contribution is cash or a combination of cash and land, the City will first determine the total land dedication required pursuant to the basis analysis and then convert that total land dedication to its fair market value pursuant to Minnesota Statute § 462.358, subd. 2b(c). Once the total conversion from land to cash is determined, the fair market value of the land actually dedicated, if any, shall be subtracted and the remainder shall be the amount due in cash.
TABLE 1
CASH FEE AMOUNTS IN LIEU OF PARK LAND
CASH FEE AMOUNTS IN LIEU OF PARK LAND
Type of Use | Cash Payment |
Residential: | Estimated $3,400, per unit based on individualized determination |
Commercial | Estimated $6,000.00 per acre based on individualized determination |
Industrial | Estimated $6,000.00 per acre based on individualized determination |
(d) Fair Market Value. For purposes of this section, “fair market value” means the value of the land as determined by the City annually based on tax valuation of the Dakota County Assessor’s Office.
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