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:
A.Â
The City Council and developer may agree as to the
fair market value; or
B.Â
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:
A.Â
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
B.Â
The private ownership and maintenance of the open
space is adequately provided for by written agreement; and
C.Â
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
D.Â
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
E.Â
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
F.Â
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:
A.Â
Residential development: 5% per acre for subdivisions
20 acres or larger.
