Each preliminary plat shall show layout, dimensions and acreages of park land and open space, in accordance with the following standards:
(1) Land dedication or payment in lieu of land.
(a) In all new subdivisions, a percentage of the gross area of all property subdivided shall be dedicated for parks, playgrounds or other public use. The percentage shall be in addition to the property dedicated for streets, alleys, waterways, pedestrian ways or other public ways. If a proposed park, playground, school site, trail system or other public use shown on the comprehensive plan, then the area shall be dedicated to the public.
(b) If the subdivision is small or does not include a park or public area shown on the comprehensive plan, or if in the judgment of the Council the area proposed to be dedicated is not suitable or desirable for park/playground purposes because of location, size or other reason, the Council may require, in lieu of land dedication, a payment to the city.
(c) If a lot being platted is already developed, the developer shall be exempt from the requirement to dedicate land or pay the fee in lieu of the land dedication for that lot. All undeveloped lots being platted will be calculated for land dedication. This change shall be considered effective on the first day of March, 2005.
(2) Land dedication or payment schedule. The following schedule shall be used to determine the amount of land dedication or fee-in-lieu of land:
Single-Family Development (Single-Family and Two-Family Homes) | ||
Number of Lots Per Acre | Percent Land Dedication | *Payment-in-Lieu of Land (Amount Per Lot) |
Up to 3 | 8% | $420 |
More than 3 and up to 5 | 14% | $420 |
Multi-Family Development | ||
Number of Units Per Acre | Percent Land Dedication | *Payment-in-Lieu of Land (Amount Per Unit) |
Up to 15 | 20% | $300 |
More than 15, but less than 30 | 35% | $275 |
30 or more | 45% | $250 |
Mobile Home Park | ||
13% of land for recreation | ||
NOTE TO TABLE: * Fee based on an assumed land cost of $15,000 per acre | ||
(3) Dedication; payment terms. Dedication of land for public use shall be without restrictions or reservations and shall be designated as an “outlot” on the plat. Money given to the city in lieu of land shall be used by the city only for acquiring or developing public park land, trails or planned open space. Payment made in lieu of land dedication shall be made prior to execution of the final plat documents.
(4) Developer's alternate land dedication formula for park land, trail(s) or open space.
(a) If requested, the City Council shall provide the developer or landowner with the methodology used to calculate the value of the land.
(b) A developer may propose an alternate land dedication formula if a proposal is accompanied by supporting documentation, including number of units per acre, average number of residents per unit, actual cost of land documented by three independent appraisals done by licensed appraisers not associated with the sale of the property being platted, and other evidence as appropriate. The Council reserves the right to hire any appraisals done to document actual land cost.
(c) If the City Council accepts the developer's alternate land dedication formula, then the developer's documentation shall be incorporated into his or her subdivider's agreement.
(5) Park dedication re-calculation upon subsequent subdivision or higher density.
(a) If platted property is subsequently replatted or a portion of it subdivided, such as splitting one or more lots, then the land dedication formula set forth above shall apply to all additional lots created.
(b) If any portion of platted property is subsequently approved for higher density development, then the land dedication formula set forth above shall apply to the increase in density over the originally planned density. If a payment-in-lieu of land dedication is made, then the payment shall equal the difference between the calculated fee at the higher density and the originally calculated fee, as follows:
Fee for new density - Original density fee = Amount due
(6) Parkland grading and preparation. If parkland is dedicated, then the following standards shall pertain:
(a) The park land shall be graded to the contours set forth in the preliminary plat.
(b) The developer shall provide a minimum of six inches of black dirt over the entire park area and the area shall be seeded with a type of seed approved by the city. The financial guarantees by the developer to the city shall be in effect at least until the time that the park land is graded and seeded.
(c) At least 50% of the gross area dedicated for parks shall be suitable for active recreation use; active recreation meaning organized playground activities such as softball, football, etc. These areas to be used for organized playground activities shall be a slope of less than 2% grade and be largely clear of forest vegetation. Other areas to be dedicated may be forested and may have steeper slopes.
(d) A site to be used for playground, sports or other active recreation shall have a total frontage on one or more streets of at least 200 feet and all other dimensions shall be at feast 200 feet.
(7) Trail grading and preparation. If a trail is dedicated, then the following standards shall pertain:
(a) The trail shall be graded to the contours set forth in the preliminary plat.
(b) Minimum trail width shall be eight feet.
(c) Trail structure shall consist of four inches of aggregate base and two inches of bituminous overlay.
(8) Open space grading and preparation. If open space is dedicated, then the following standards shall pertain:
(a) The open space shall be graded to the contours set forth in the preliminary plat.
(b) As applicable, standards in § 151.051 shall pertain.
(c) As applicable, state rules governing wetlands and/or shorelands shall pertain.
(9) Protective or scenic easements. As an open space option; subject to acceptance by the City Council, protective or scenic easements may be provided to a depth of 100 feet from the ordinary high water level of all lakes, ponds and streams or to the logical, natural or ecological boundary as can be agreed upon by the subdivider and the city. A protective or scenic easement may be credited toward the park, trail and open space requirements set forth in this section.
(10) Dedication subject to city acceptance. No areas may be dedicated as parks, playgrounds or public lands unless the city approves the dedication.
(`86 Code, § 10.39) (Am. Ord. 612, passed 6-18-91; Am. Ord. 706, passed 12-2-97; Am. Ord. 879, passed 8-16-05)