(A) Purpose. All developments or landowners requesting platting or replatting of land shall convey to the city, or dedicate to the public use, a percentage of such proposal for the public use as parks, playgrounds, trails, or open space. The city, at its discretion, may accept cash in lieu of land to be dedicated, or a combination of land and cash dedication.
(B) Dedication requirements. As a prerequisite to any subdivision approval, and at the sole determination of the city, applicants and/or developers shall dedicate land for parks, playgrounds, public open spaces, trails, or other public uses and/or shall make a cash contribution to the city's park dedication fund roughly related to the anticipated effect of the subdivision on the city's park and trail system. The amounts listed in this section are the city's best estimate of the dedication or cash contribution needed to offset the effect of the subdivision on the park and trail system. The requirement may also be met with a combination of land and cash or land, cash, and improvements, if approved by the City Council.
(1) Land dedication requirements.
(a) Residential. In all new residential subdivisions, 10% of the area subdivided shall be dedicated for public space. This 10% shall be calculated on the gross area. The land dedicated for public use shall be in addition to property dedicated for streets, alleys, easements, stormwater ponding, or other public ways. No areas may be dedicated for public use until such areas have been approved by the City Council as suitable and necessary for the public health, safety, and general welfare of the city.
(b) Non-residential. In all new commercial or industrial subdivisions, 5% of the area subdivided shall be dedicated for public space. This 5% shall be calculated on the gross area. The land dedicated for public use shall be in addition to property dedicated for streets, alleys, easements, stormwater ponding, or other public ways. No areas may be dedicated for public use until such areas have been approved by the City Council as suitable and necessary for the public health, safety, and general welfare of the city.
(2) Cash requirements.
(a) Amount of payment required.
1. When a subdivision is proposed, at the option of the city, the developer may pay a cash fee in lieu of such land dedication. The cash fee shall be a payment to the city of a sum equal to the percentage listed in division (B)(1) of the undeveloped value of the land to be subdivided. The undeveloped land value shall be the value of the land at the time of final plat approval.
2. The determination of the value of the land for purposes of park dedication shall be determined jointly by the City Council, or its agent, and the developer. If the City Council and the developer cannot agree on the land value, then the land values shall be established on the basis of the average of two independent appraisals by professional appraisers. If the city and the developer cannot agree on the appraisers, the city and the developer shall each appoint one. The cost of the appraisals shall be paid by the developer.
(b) Timing of payment. Cash contributions shall be paid prior to the city's signature of and release of the final plat, unless otherwise specified in the development agreement. For subdivisions that do not require a development agreement, the cash contribution shall be paid before the city releases the signed approval of the subdivision for recording.
(3) Cash and land combination.
(a) The city, upon consideration of a particular type of development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In such cases, a cash contribution shall be required in addition to the land dedication to ensure that compensation is received for the full amount of the impact on the city's park and trail system. The amount of cash required shall be calculated by determining the percentage of land donated and applying the shortfall to the amount of cash that would have been required had no land been donated.
(b) The formula is outlined as follows:
Percentage of Land Not Dedicated | x | Total Cash Contribution for the Entire Subdivision | = | Balance of Cash Contribution |
(c) For example, in a residential subdivision, if only a 6% rather than a 10% land dedication requirement was made, the city would calculate the amount of the cash dedication that would have been required for the entire subdivision and would take 40% of that amount (since 60% of the land dedication requirement was made). If there were 12 acres valued at $15,000 an acre, the cash requirement (assuming that no land was dedicated) would be $18,000 (12 acres x $15,000/acre x 10%). Since 60% of the land dedication requirement was met, the city would require 40% of the cash dedication requirement or $7,200 ($18,000 x 40%) to make up the difference and fully compensate the city for the impact of the proposed subdivision.
(4) Improvement of land.
(a) The city shall identify land needed for park uses and such land shall be suitable for park development. In the event dedicated park lands are unsuitable for immediate use because of topographic or other limitations, the developer shall grade and seed park lands for such suitable use.
(b) In lieu of the full land or full combination of land and cash contribution, the developer may agree to make certain improvements to the donated land as required and approved by the city, including but not limited to, paving or the installation of park equipment, such as playground equipment, basketball courts, tennis courts, and the like in an amount equal to the land or cash required but not contributed. Such improvements shall be included in the development agreement.
(5) Credit for private open space. Where private open space for park and recreational purposes is provided in a proposed subdivision, such areas may be used for partial credit, at the discretion of the Council, against the requirement of dedication for park and recreational purposes, provided the City Council finds it is in the public interest to do so. No credit shall be given unless at least the following minimum factors are satisfied:
(a) The land area must be available for use, without preference, of all of the residents of the proposed subdivision;
(b) The required setbacks must not be included in the computation of such land area;
(c) The use of the private open space must be restricted for park and recreational purposes by recorded covenants or declarations which run with the land in favor of the owners of the property within the subdivision and cannot be eliminated without the prior approval of the City Council;
(d) The proposed private open space must be of sufficient size, shape, location, and topography for park and recreational purposes or must contain unique natural features that are important to be preserved; and
(e) The proposed open space must reduce the demand for public recreational facilities to serve the development.
(6) Planned Unit Developments (PUDS).
(a) Planned Unit Developments with mixed land uses shall make cash and/or land contributions in accordance with this section based upon the percentage of land devoted to various uses.
(b) Land area conveyed or dedicated shall be in addition to and not in lieu of open space requirements for PUDs.
(7) Different number of lots and units or additional land. If the number of lots or the number of dwelling units is increased, or if land outside of the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional units/lots and on the additional land being added to the plat.
(8) Minor subdivision. A park dedication or cash contribution shall be required in the case of a minor subdivision for each vacant lot according to the schedule set forth in division (B)(1) through (4).
(9) Exemption: same number of lots and units. Where a park dedication or cash contribution has been made, property being replatted with the same number of lots and the same number of dwelling units shall be exempt from all park land dedication requirements.
(C) Trails. The developer shall be required to construct trails in a manner determined by the city. The developer shall be required to construct trails on at least every other street of the property to be developed and to connect to existing or planned city trails.
(D) Determining land to be donated.
(1) Land suitability factors. Land shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Land shall be contiguous to the subdivision unless approved by the City Council. Factors used in evaluating the adequacy of proposed park and recreational areas shall include size, shape, topography, geology, hydrology, tree cover, access and location, and future park needs pursuant to the Comprehensive Plan. Wetlands and drainage ways shall not be eligible for park dedication credit. Park land shall not contain stormwater detention ponds or lift stations. Park land shall be above the ordinary high water level. Land shall have a 1% slope unless approved by the City Council. Swales and waterways shall be confined to the outer ten feet of the dedicated park land. Areas unsuitable for park development will not be considered for dedication unless specifically accepted by the City Council for an intended public purpose. Land with trash, junk, pollutants, and/or unwanted structures is not acceptable.
(2) Approval procedure. The applicant shall confer with city staff, consultants, and the Park Commission at the time of concept plan and prior to the preliminary plat public hearing to secure a recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds, trails, or other public property. The preliminary plat shall show the location and dimensions of all areas to be dedicated in this manner. Proposed contours shall be shown on the plans. Such contribution requirement recommendations will be considered at a joint special meeting with the Park Commission and Planning and Zoning Commission. The cost of the joint special meeting shall be paid by developer. The recommendation of the Park Commission and Planning and Zoning Commission shall be sent to the City Council for approval.
(E) Calculating density requirements. Land area conveyed or dedicated to the city shall not be used in calculating density requirements of the Zoning Ordinance.
(Ord. 07-04, passed 7-10-07)