§ 164-29Dedication of land or cash required.
§ 164-30Land requirements.
§ 164-31Planning Commission recommendation.
§ 164-32Determination of fair market
§ 164-33Public sites within subdivision
indicated on Official Map or Comprehensive Plan.
§ 164-34Exclusive nature of dedicated
§ 164-35Privately owned open space.
§ 164-36Maintenance of separate fund
for cash contributions.
§ 164-37Scheduling of dedication and
§ 164-38Percentage of gross land area
to be dedicated.
Subdividers, as a prerequisite to approval of a subdivision of 20 or more acres, shall dedicate to the City or dedicate to the public use, for park or playground purposes, for public open space or trail systems, a reasonable part of the land being subdivided or in lieu thereof a cash equivalent. The form of contribution, cash or land (or any combination) shall be decided by the City Council.
Land to be dedicated shall be reasonably adaptable for use for active park and recreation purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location.
The Planning Commission shall recommend to the City Council the location of the land and the amount of land to be conveyed or dedicated within a proposed subdivision.
When a cash contribution is made in lieu of a dedication of land, the Planning Commission shall recommend to the City Council the amount of cash that should be contributed, which recommendation shall be based upon the fair market value of the unimproved land. Fair market value shall be determined as of the time of filing the final plat in accordance with the following:
The City Council and developer may agree as to the fair market value; or
The fair market value may be based upon a current appraisal submitted to the City Council by the subdivider at the subdivider's expense. The appraisal shall be made by appraisers who are approved members of the Senior Real Estate Appraisers or Master Appraiser Institute, or equivalent real estate appraisal societies. If the City Council disputes such appraisal, the City Council may, at the subdivider's expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land.
Where a proposed park, playground or other recreational area, proposed school site or other public ground that has been indicated in the Official Map and/or Comprehensive Plan is located in whole or in part within a proposed subdivision, such proposed public site should be designated as such and should be dedicated to the City, school district or other proper governmental unit. If the subdivider chooses not to dedicate an area in excess of the land required hereunder for such proposed public site, the City Council shall not be required to act to approve or disapprove the preliminary plat of the subdivision for a period of 60 days after the subdivider meets all the provisions of this chapter in order to permit the Council, School Board or other appropriate governmental unit to consider the proposed plat and to consider taking steps to acquire, through purchase or condemnation, all or part of the public site proposed under the Official Map or Comprehensive Plan.
Land area conveyed or dedicated hereunder may not be included by a subdivider as an allowance for purposes of calculating the lot area or dwelling unit density requirements of the subdivision as set out in Chapter 190, Zoning, and shall be in addition to and not in lieu of open space requirements for planned unit developments pursuant to Chapter 190, Zoning.
Where private open space for park and recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes, provided that the City Council finds it is in the public interest to do so and that the following standards are met:
Yards, court areas, setbacks and other open space required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and
The private ownership and maintenance of the open space is adequately provided for by written agreement; and
The private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council; and
The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, hydrological, geology, access and location of the private open space land; and
Facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the Comprehensive Plan and are approved by the City Council; and
When such credit is granted, the amount of credit shall not exceed 25% of the parkland dedication requirements for the development.
The City shall maintain a separate fund into which all cash contributions received from owners or developers in lieu of conveyance or dedication of land for park or playground, public open space or trail purposes shall be deposited and shall make, from time to time, appropriations from such fund for acquisition of land for park and playground purposes, for developing existing park and playground sites, for public open space and trails or for debt retirement in connection with land previously acquired for parks and playgrounds, which will benefit the residents of the City.
The scheduling of dedication and/or cash payments shall be established in a development agreement between the City and subdivider.
Subdividers shall dedicate to the City at least the following percentage of gross land area of the proposed subdivision or a cash equivalent:
Residential development: 5% per acre for subdivisions 20 acres or larger.