(a) Requirements of Dedication. The Planning Commission, upon the consideration of a proposed public or private dedication by a subdivides the City Master Park Plan or the City Comprehensive Plan, all as applied to a subdivision site under consideration, shall recommend to Council that the subdivider be required to provide park sites and open spaces in the following manner, as determined by the Commission or by Council when such sites are reasonably necessary to serve the proposed subdivision and the future residents thereof:
(1) Percentage dedication. Dedication of such sites and land areas to the City or to the public, which dedication shall not exceed 8% of the total gross area of the land within the proposed subdivision, as determined by the Commission; or
(2) Dedication based on density. Dedication of such sites the amount of which shall be based on the proposed density in the subdivision in accordance with the following formula;
Percentage of Gross Area of the Subdivision Required When Net Density/Dwelling Unit Park Land is Dedicated | |
1 | D.U./acre or more 0.6% |
2 | D. U./acre 1.2% |
(3) Fee in lieu of percentage dedication. In lieu of dedication pursuant to paragraph (a)(1) hereof, at the discretion of Council, the subdivider shall pay a sum of money not exceeding the full market value of such sites and land as designated by the Commission. Such sums, when required, shall be held by Council for the acquisition of such sites and land areas by the City or by the appropriate public authority.
(4) Fee in lieu of dedication. In lieu of the dedication pursuant to paragraphs (a)(1) and (2) hereof, at the discretion of Council, the subdivider shall pay a sum of money equal to an amount per lot or dwelling unit where multiple unit structures are proposed. Such amount shall be as set out in the Master Fee Schedule of the City of Sidney. Sack sums, when required, shall be held by Council for the acquisition of such sites and land areas by the City or by the appropriate public authority.
(5) General fee in lieu. Notwithstanding paragraph (a)(3) hereof, Council may require a fee in lieu of the dedication under either paragraph (a)(1) or (a)(2) hereof, if the City Comprehensive Plan or the City Master Park Plan recommends neighborhood open space to be located elsewhere than in the immediate neighborhood comprehended by the proposed subdivision plat.
(6) Factors concerning amount of dedication. In determining the requirements for school sites, open space or park space, the Commission and Council shall consider the following;
A. Density and lot size of the proposed subdivision;
B. The location of the subdivision with respect to public open space, such as State and County recreation areas; and
C. The private ownership and maintenance of the open space are adequately provided for by written agreement and that the space is restricted only to park and recreational purposes by recorded instruments.
(b) Consideration of Total Development Area. The Commission and Council shall consider, when recommending provisions for sites and land areas for schools, parks and open space, the total development area of the subdivider involved, including the area of adjoining subdivisions, proposed subdivisions or various filings of the same subdivision owned or being developed by the same subdivides, his or her heirs, successors or assigns, and shall determine such sites and land areas on the basis of the total development area and the residents and future residents thereof, in which case the total dedication shall not exceed eight percent of the total development area or shall not exceed the area as determined by the density formula set forth in division (a)(2) hereof for the total development area. However, such dedication may exceed 8 % or the density formula for the specific subdivision or filing involved.
(c) Determination of Market Value. Whenever the term "market value" or "fair market value" is used in this section, such value shall be determined as of the time of filing the final plat, based upon raw land value in accordance with the following;
(1) The fair market value is determined by Council based upon the then assessed value, modified to equal market value in accordance with current practice of the County Assessor.
(2) If the subdivider objects to such evaluation, he or she may, at his or her expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the City, such appraisal may be accepted by Council if found reasonable.
(3) The City and the subdivider may agree as to the fair market value based upon the purchase price of the property, if such purchase occurred within 18 months prior to the filing of the final plat.
(d) Procedure for Dedication of Fee in Lieu. The procedure for determining whether the subdivides is to dedicate land, pay a fee, or both, shall be as follows:
(1) At the time of filing a sketch plan for approval, the subdivider shall, as a part of such sketch plan, indicate whether he or she desires to dedicate property for park and recreational purposes or whether he or she desires to pay a fee in lieu thereof. If he or she desires to dedicate the land for such purpose, he or she shall designate the area thereof on the sketch plan.
(2) At the time of the sketch plan approval, Council shall determine, as a part of such approval, whether to require a dedication of land within the subdivision notwithstanding the desire of the subdivides, a payment of a fee in lieu thereof, or a combination of both.
(3) Where dedication is required, it shall be accomplished in accordance with this section. Where fees are required the same shall be deposited with the City prior to approval of the final plat. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final plat and shall be recorded contemporaneously with the final plat.
(e) Limitation on Use of Land and Fees. The land and fees received under this section shall be used only for the purpose of providing park and recreational facilities, open space or school sites, as appropriate. All payments made in lieu of land shall be placed in a nonlapsing fund with the City and shall be used by the City exclusively for the acquisition of such sites. All dedications or payments made under this section shall be for the use and benefit of the owners and future owners of the proposed subdivision only.
(f) Exceptions. Council may authorize exceptions from these Subdivision Regulations in cases where, due to exceptional topographical conditions or other conditions peculiar to the site, an unnecessary hardship is placed on the subdivides. Such exceptions shall not be granted if it would be detrimental to the public good, create a conflict with the Comprehensive Development Plan or impair the intent and purpose of these Regulations. The conditions of any exceptions authorized shall be stated in writing in the minutes of Council with the justifications set forth.
(Ord. 1049. Passed 2-26-85; Ord. 1800. Passed 9-25-18.)