As a condition of the City Council's approval of a final plat of subdivision, or of a final plat of a planned unit development, each subdivider or developer shall be required to dedicate land for park, recreation, library or Municipal purposes or land and/or site improvements for school sites, to serve the immediate and future needs of the projected net increase in population generated by the subdivision or development, or cash contributions in lieu of actual land or site improvement dedication, or a combination of both, at the option of the City. No Municipal official shall affix his or her signature to an approved final plat of subdivision or a final plat of a planned unit development until the required land dedication has been made. Cash contributions shall be required to be paid at time of individual building permit issuance on a prorated basis, based on the number of bedrooms provided for in the dwelling unit for which the building permit is sought.
If said building permit represents an increase to the original unit estimate required under subsection E of this section, additional cash contributions shall also be required at the time of individual building permit issuance. Land dedication and cash contribution requirements shall be calculated using the following criteria and formulas:
A. Criteria For Requiring Park, Recreational Or Municipal Land Dedication:
1. Requirement And Population Ratio: The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total requirement shall be ten (10) acres of land per one thousand (1,000) of ultimate population in accordance with the following classifications:
POPULATION RATIO CLASSIFICATION TABLE
Type Of Recreation Area | Size Range | Minimum Acres Per 1,000 People |
Play lot | Minimum 8,000 square feet | n/a |
School-park neighborhood playground | Minimum park of 5 acres | 2.28 |
Neighborhood park | Minimum of 3.5 acres | 1.8 |
Districtwide park or play field | Minimum of 4 acres up to 30 acres | 2.28 |
Community wide recreation park | Minimum of 12 acres up to 30 acres | 3.64 |
Total: | 10 acres of land per 1,000 people |
2. Location: The Comprehensive Plan as adopted by the City Council shall be used as a guideline in locating sites. A park site adjoining all elementary school sites of not less than five (5) acres shall be considered a requirement, or Municipal installation of equivalent value located elsewhere within the City. A central location which will serve equally the entire development is more desirable. In large developments, these sites can be located throughout the development according to established standards for park area distances.
3. Credit For Private Open Spaces And Recreation Areas: When subdividers or developers provide their own open spaces for recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. Depending upon the size of the development, a portion of the park and recreation area in subdivisions or planned unit developments may at the option of the City Council be provided in the form of "private" open space in lieu of dedicated "public" open space. The extent of same shall be determined by the City Council, based upon the needs of the projected residents and in conformance to the total park and recreation land for the general area.
In general, a substitution of private open space for dedicated parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment, by the developer as part of his obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the City, and before any credit is given for private recreation areas, the subdivider or developer must guarantee that those private recreation areas will be permanently maintained for such use by the execution of the appropriate legal documents. Private swimming clubs are included in this provision. When an adjustment for private recreation areas is warranted, it will be necessary to compute the total park land dedication that would have been required from the subdivision or planned unit development and then subtract the credit to be given.
B. Criteria For Library Land Donations:
1. Cash Donation: In lieu of land, a cash donation of one hundred twenty seven dollars ($127.00) for each projected new person shall be required for library purposes.
2. Location: The Comprehensive Library Location Plan as adopted by the library district shall be used as a guideline in locating sites. A central location which will serve the entire development and adjacent areas is desirable.
C. Criteria For Requiring School Site Dedication:
1. Requirement And Population Ratio: The ultimate number of students to be generated by a subdivision or planned unit development shall bear directly upon the amount of land and/or site improvements required to be dedicated for school sites. The land dedication requirement shall be determined by obtaining the ratio of: a) estimated children to be served in each such school classification over the b) maximum recommended number of students to be served in each such school classification as stated herein, and then applying such ratio to the c) said minimum recommended number of acres for a school site for each such school classification as stated herein. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increased number of children in each such school classification.
2. School Classification And Size Of School Site: School classifications and size of school sites within the City shall be determined in accordance with the following criteria:
School Classification By Grades | Maximum Number Of Students For Each Such School Classification | Minimum Number Of Acres Of Land For Each School Site Of Such Classification |
Elementary schools (Grades K - 5) | 600 students | 11 acres |
Middle schools (Grades 6 - 8) | 900 students | 19 acres |
High schools (Grades 9 - 12) | 2,300 students | 48 acres |
3. Location: The standards adopted by the school district shall be used as a guideline in locating sites.
D. Criteria For Requiring A Contribution In Lieu Of Municipal And School Sites: Where the development is small and the resulting site is too small to be practical, or when the available land is inappropriate for park, recreational or Municipal purposes or a school site, the City shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required. The cash contributions in lieu of park, recreation, or Municipal land dedication shall be held in trust by the City, solely for the acquisition and improvement of land as hereinbefore classified, which will be available to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of other existing land which already serves such needs. The cash contributions in lieu of school sites shall be held in trust by the City, solely for the use in the acquisition of land and/or site improvements for a school site to serve the immediate or future needs of the residents of that subdivision or development, or for the improvement of any existing school land or site improvements thereto which already serves such needs. If any portion of a cash contribution in lieu of school site dedication is not expended for the purposes set forth herein within seven (7) years from the date of receipt, the principal amount thereof, without interest, shall be refunded to the developer who made such contribution.
1. Fair Market Value:
a. The cash contributions in lieu of land dedication shall be based upon the fair market value of the acres of land in the area improved as specified herein, that otherwise would have been dedicated as park, recreation, Municipal, library and school sites.
b. It is recognized that the present fair market value of such improved land in and surrounding the City may fluctuate from time to time.
c. The City hereby determines that the current "fair market value" of such improved land is one hundred fifty thousand dollars ($150,000.00) per acre in the City and adjacent surrounding territory. Said value shall be utilized for the purposes of this section, except as hereinafter provided.
d. The developer may submit an acceptable professional independent appraisal showing the current fair market value of such improved land per acre, or other evidence thereof, in the areas of his development. The final determination of said fair market value per acre of such improved land shall be made by the City Council based upon such information submitted by the subdivider or developer, and from other sources which may be submitted to the City Council by the school district or others.
2. Criteria For Requiring Dedication And A Fee: There are situations in subdivisions or planned unit developments when a combination of land dedication and a contribution in lieu of land are both necessary. These occasions arise when:
a. Only a portion of the land to be developed is proposed as the location for a park, recreation, Municipal or school site. That portion of the land within the subdivision falling within the park, recreation, Municipal or school location shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated;
b. A major part of the local park, recreation, Municipal or school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required. (Ord. O2017-38, 6-19-2017)
E. Density Formula: The following table of population density is generally indicative of current and short range projected trends in family size for new construction, and shall be used in calculating the amount of required dedication of acres of land or the cash contributions in lieu thereof, unless a written objection is filed thereto by the subdivider or developer. Said calculations shall initially be based on a written estimate of the number of new efficiency, one, two (2), three (3), four (4) and five (5) bedroom units that will be constructed in the subdivision or development (herein referred to as the "original unit estimate"). The original unit estimate shall be prepared by the developer or subdivider and must be approved by the Director of Community and Economic Development as being a reasonable estimate of the type of new construction anticipated in a specific subdivision or development. (Ord. O2017-38, 6-19-2017; amd. Ord. O2018-10, 3-19-2018; Ord. 2020-23, 5-18-2020)
TABLE OF ESTIMATED ULTIMATE POPULATION PER DWELLING UNIT
Type Of Unit | Preschool 0 - 4 Yrs. | Elementary Grades K - 5 5 - 10 Yrs. | Middle Grades 6 - 8 11 - 13 Yrs. | Total Grades K - 8 5 - 13 Yrs. | High School Grades 9 - 12 14 - 17 Yrs. | Adult 18 Yrs. + | Total Per Dwelling Unit |
Type Of Unit | Preschool 0 - 4 Yrs. | Elementary Grades K - 5 5 - 10 Yrs. | Middle Grades 6 - 8 11 - 13 Yrs. | Total Grades K - 8 5 - 13 Yrs. | High School Grades 9 - 12 14 - 17 Yrs. | Adult 18 Yrs. + | Total Per Dwelling Unit |
Detached single-family: | |||||||
2 bedroom | 0.120 | 0.411 | 0.138 | 0.549 | 0.222 | 1.856 | 2.746 |
3 bedroom | 0.268 | 0.486 | 0.153 | 0.639 | 0.135 | 1.913 | 2.955 |
4 bedroom | 0.371 | 0.702 | 0.259 | 0.961 | 0.242 | 1.985 | 3.559 |
5 bedroom | 0.386 | 0.590 | 0.236 | 0.826 | 0.242 | 2.191 | 3.645 |
Attached single-family: | |||||||
2 bedroom | 0.206 | 0.084 | 0.057 | 0.141 | 0.030 | 1.318 | 1.697 |
3 bedroom | 0.214 | 0.104 | 0.039 | 0.143 | 0.050 | 1.966 | 2.374 |
4 bedroom | 0.183 | 0.271 | 0.106 | 0.377 | 0.105 | 2.102 | 2.767 |
5 bedroom1 | -- | -- | -- | -- | -- | -- | -- |
Apartments: | |||||||
Efficiency1 | -- | -- | -- | -- | -- | 1.400 | 1.400 |
1 bedroom | 0.058 | 0.032 | 0.012 | 0.044 | 0.013 | 1.653 | 1.768 |
2 bedroom | 0.129 | 0.064 | 0.031 | 0.095 | 0.038 | 1.744 | 2.007 |
3 bedroom | 0.199 | 0.115 | 0.073 | 0.188 | 0.083 | 2.055 | 2.525 |
Note:
1. No yield data were generated due to lack of population or no (or very few) residential units in the sample.
In the event a subdivider or developer files a written objection to the table of estimated ultimate population listed herein, he shall submit his own demographic study showing the estimated additional population to be generated from the subdivision or planned unit development, and, in that event, final determination of the density formula to be used in such calculations shall be made by the City Council, based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the City Council by the school district or others. It is recognized that population density, age distribution, and local conditions change over the years, and the specific formula for the dedication of land, or the payment of fees in lieu thereof, as stated herein, is subject to periodic review and amendment if necessary.
F. Reservation Of Additional Land: Where the Comprehensive Plan or the current standards of the City call for a larger amount of park and recreational land or library or school sites in a particular subdivision or planned unit development than the developer is required to dedicate, the land needed beyond the developer's contribution shall be reserved for subsequent purchase by the City or other public body designated by the City; provided, that such acquisition is made within one year from the date of approval of the final plat.
G. Combining With Adjoining Developments: Where the subdivision or planned unit development is less than forty (40) acres, public open space, a library site or a school site which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable park, recreation or Municipal areas, library sites or school sites without hardship on a particular developer.
H. Topography And Grading: The slope, topography and geology of the dedicated site, as well as its surroundings must be suitable for its intended purposes. Grading on sites dedicated for park and recreational uses shall not differ greatly from surrounding land.
I. Improved Sites: All sites shall be dedicated in a condition ready for full service of electrical, water, sewer and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefor. The sidewalks and trees normally included within the definition of "improved" sites may be deleted due to the delay time between dedication of any such school site and construction of school facilities thereon. (Ord. O2017-38, 6-19-2017)