A. Cash Or Land Donation: Except as provided below, the final plat of a residential subdivision must show that the subdivider has dedicated to the governing body a cash or land donation equal to:
1. Eleven percent (11%) of the area of the land proposed to be subdivided into parcels of one-half (1/2) acre or smaller;
2. Seven and one-half percent (7.5%) of the area of the land proposed to be subdivided into parcels larger than one-half (1/2) acre and not larger than one acre;
3. Five percent (5%) of the area of the land proposed to be subdivided into parcels larger than one acre and not larger than three (3) acres; and
4. Two and one-half percent (2.5%) of the area of the land proposed to be subdivided into parcels larger than three (3) acres and not larger than five (5) acres.
B. Park Dedication Not Required: A park dedication is not required for:
1. Minor subdivisions;
2. Subdivision lots larger than five (5) acres;
3. Nonresidential subdivision lots;
4. Subdivisions in which parcels of land will not be created, other than subdivisions that will provide permanent multiple spaces for recreational camping vehicles, mobile homes, or condominiums; or
5. Subdivisions which will create only one additional parcel.
C. Location Of Parks And Playgrounds: The governing body in consultation with the subdivider and the planning board or park board that has jurisdiction, may determine suitable locations for parks and playgrounds and, giving due weight and consideration to the expressed preference of the subdivider, may determine whether the park dedication must be a land donation, cash donation, or a combination of both. When a combination of land donation and cash donation is required, the cash donation may not exceed the proportional amount not covered by the land donation. The land dedicated for park use may be inside or outside the boundaries of the proposed subdivision.
D. Criteria For Waiver Or Park Dedication Requirement: The governing body will waive the park dedication requirement if it determines that:
1. Land Set Aside For Park And Recreational Purposes:
a. The preliminary plat provides for a planned unit development or other development with land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the development; and
b. The area of the land and any improvements set aside for park and recreational purposes equals or exceeds the area of the dedication required under this section.
2. Long Term Protection:
a. The proposed subdivision will provide for the long term protection of critical wildlife habitat; cultural, historical, or natural resources; agricultural interests; or aesthetic values; and
b. The provision of this long term protection will result in the reduction of the area of the land proposed to be subdivided by an amount equal to or exceeding the area that would have had to be dedicated under subsections A through D of this section.
3. Reduction In Amount Required: The area of the land proposed to be subdivided, by virtue of a combination of the provisions of subsections D1 and D2 of this section, is reduced by an amount equal to or exceeding the area of the dedication required under subsection A of this section or:
a. The subdivider provides for land outside of the subdivision to be set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision; and
b. The area of the land and any improvements set aside for park and recreational uses equals or exceeds the area of dedication required under subsections A through D of this section.
4. Land Outside Subdivision Provided: The local governing body may waive the park dedication requirement if:
a. The subdivider provides land outside the subdivision that affords long term protections of critical wildlife habitat, cultural, historical, or natural resources, agricultural interests, or aesthetic values; and
b. The area of land to be subject to long term protection, as provided in subsection D2 of this section, equals or exceeds the area of dedication required under subsections A through D of this section.
E. School District Lands: Subject to the approval of the governing body and acceptance by the school district trustees, a subdivider may dedicate a land donation provided under subsections A through D of this section to a school district, adequate to be used for school facilities or buildings.
F. Funds: The governing body will administer funds dedicated to the public under this section in accordance with Montana Code Annotated 76-3-621.
G. Definitions: For the purposes of this park dedication requirement, the following words are defined as follows:
CASH DONATION: The fair market value of the unsubdivided, unimproved land.
DWELLING UNIT: A residential structure in which a person or persons reside. (Ord. 784, 8-6-2007)