(A) Except as provided below, the final plat of a residential subdivision must show the subdivider has dedicated to the governing body a cash or land donation equal to:
(1) 11% of the area of the land proposed to be subdivided into lots of one-half acre or smaller;
(2) 7.5% of the area of the land proposed to be subdivided into lots larger than one-half acre and not larger than one acre;
(3) 5% of the area of the land proposed to be subdivided into lots larger than one acre and not larger than three acres; and
(4) 2.5% of the area of the land proposed to be subdivided into lots larger than three acres and not larger than five acres.
(B) A park dedication is not required for:
(1) Minor subdivisions;
(2) Subdivision lots larger than five acres;
(3) Nonresidential subdivision lots;
(4) Subdivisions in which lots of land will not be created, other than subdivisions which will provide permanent multiple spaces for recreational camping vehicles, mobile homes, or condominiums; or
(5) Subdivisions which will create only one additional lot.
(C) The City Council, in consultation with the subdivider and park board (if it exists) which has jurisdiction, may determine suitable locations for parks and playgrounds and, giving due weight and consideration to the expressed preference of the subdivider, may determine whether the park dedication must be a land donation, cash donation, or a combination of both. When a combination of land donation and cash donation is required, the cash donation may not exceed the proportional amount not covered by the land donation. The land dedicated for park use may be inside or outside the boundaries of the proposed subdivision.
(D) The City Council will waive the park dedication requirement if it determines:
(1) (a) The preliminary plat provides for a planned unit development or other development with land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the development; and
(b) The area of the land and any improvements set aside for park and recreational purposes equals or exceeds the area of the dedication required under division (A) above.
(2) (a) The proposed subdivision will provide for the long-term protection of critical wildlife habitat; cultural, historical or natural resources; agricultural interests; or aesthetic values; and
(b) The provision of this long-term protection will result in the reduction of the area of the land proposed to be subdivided by an amount equal to or exceeding the area that would have had to be dedicated under division (A) above.
(3) The area of the land proposed to be subdivided, by virtue of a combination of the provisions of division (D)(1) and (D)(2) above, is reduced by an amount equal to or exceeding the area of the dedication required under division (A) above; or
(4) (a) The subdivider provides for land outside of the subdivision to be set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision; and
(b) The area of the land and any improvements set aside for park and recreational uses equals or exceeds the area of dedication required under division (A) above.
(E) The City Council may waive the park dedication requirement if:
(1) The subdivider provides land outside the subdivision which affords long-term protections of critical wildlife habitat, cultural, historical or natural resources, agricultural interests or aesthetic values; and
(2) The area of land to be subject to long-term protection, as provided in division (E)(1) above, equals or exceeds the area of dedication required under division (A) above.
(F) Subject to the approval of the City Council and acceptance by the school district trustees, a subdivider may dedicate a land donation provided under division (A) above to a school district, adequate to be used for school facilities or buildings.
(G) The City Council will administer funds dedicated to the public under this section in accordance with M.C.A. § 76-3-621.
(H) For the purposes of this park dedication requirement, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CASH DONATION. The fair market value of the unsubdivided, unimproved land.
DWELLING UNIT. A residential structure in which a person or persons reside.
(Res. 607, passed 7-1-2019)