(A) Findings, purpose; scope.
(1) Findings. The City Council finds that as the population grows there will be an increased need for land that can be devoted to public recreational purposes to serve both the residents of new developments and existing residents of the city. The City Council also finds that much of the city’s existing recreation infrastructure, due to age and usage, is in need of repair or replacement. The City Council further finds that parklands must compete for financial resources with other community needs and, therefore, may not be able to be adequately funded entirely from the present tax levy, or that to do so may not be equitable to existing residents. Therefore, subdividers may have to contribute funds for parklands.
(2) Purpose. The purpose of parkland dedication is to provide a mechanism whereby the city is able to obtain, for public use, land that can be used for newly created parks, recreational facilities, playgrounds, trails or open space; or a reasonable cash payment that can be used to acquire land or facilities for that purpose; as authorized by the provisions of M.S. § 462.358, subd. 2b, as it may be amended from time to time.
(3) Scope. The provisions of this subchapter shall apply to all applicants who request to subdivide land for the development of residential units. The provisions of this subchapter shall not apply to a person seeking to subdivide land for an assisted-living facility, residential care facility or to develop land for a non-residential purpose.
(B) Dedicated land required. To obtain city approval for a subdivision, an applicant shall dedicate public land for the following uses; parks, recreational facilities, trails or open space in a quantity of land equal to 0.1 acre per residential dwelling unit proposed to be developed in conjunction with the subdivision.
(C) Minimum standards.
(1) At least 50% of the gross area of the land required to be dedicated pursuant to division (B) above shall have a natural slope of 4% or less, be largely clear of forest vegetation, and shall not be located in an existing watercourse, 100-year floodway, drainage easement or storm water ponding area. In addition, that portion of the land must have a cover of at least six inches or more of topsoil, suitable for the seeding and cultivation of grass.
(2) If the land proposed to be dedicated has a natural slope in excess of the standard set forth in division (C)(1) above, but may be engineered to provide for a slope that meets those requirements, the City Council may, upon the favorable recommendation of the City Engineer, permit the lands to be dedicated to satisfy the requirements of division (B) above.
(D) Certain activity prohibited. Following the dedication of any land, no person shall remove trees, vegetation or topsoil therefrom, nor shall the lands be used for the purpose of stockpiling earth or construction material, or disposal of construction debris, without the consent of the city.
(E) Cash payment in lieu of land dedication. If, in the City Council’s judgment, the quantity of land to be subdivided is of a size or configuration that dedication of a portion thereof:
(1) Is not feasible or practical;
(2) Will not create a parcel suitable for a park, recreational facility, playground, trail or open space purposes; or
(3) Is adjacent or readily accessible to an existing park, recreational facility, trail or open space facilities; the requirement of dedication of land imposed by division (B) above may be satisfied by a payment of cash by the subdivider to the city, or a suitable provision in a development agreement between the subdivider and the city governing the development of the land in question. The payment shall be made prior to the execution of the final plat by the appropriate city officials in an amount equivalent to the fair market value of the land which would otherwise be required to be dedicated. The City Engineer shall determine the fair market value per acre of the undeveloped land proposed to be subdivided at the time the preliminary plat is proposed, giving due consideration to the value assigned similarly situated land by the county assessor following its subdivision. The required payment shall be computed by multiplying the value of the land per acre by the number of acres required to be dedicated.
(F) Proceeds. All funds received by the city pursuant to division (E) above shall be deposited by the City Clerk in a park capital improvement fund to be established by City Council resolution, and disbursed only for the purposes set forth therein.
(Prior Code, § 300.21)