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LAND DEVELOPMENT REGULATIONS <br />thereof, it is reasonable to require that an amount <br />of land equal in value to ten percent of the <br />undeveloped land proposed to be subdivided shall <br />be set aside and dedicated by the tract owner or <br />owners to the city For parks, playgrounds, trails, <br />or public open space. <br />(b) Cash contribution in lieu of l¢nd dedica- <br />tion. If the city council, in its sole discretion, <br />determines that the land proposed to be dedicated <br />is unsuitable for pazks, then the tract owner shall <br />contribute to the city, in lieu of park land dedica- <br />tion, an amount of cash not to exceed the fair <br />market value of the undeveloped land required to <br />be dedicated, as the city council shall determine <br />by resolution from time to time. <br />(c) Replotted residential property. Previously <br />platted residential property on which park dedi- <br />cation has not been received by the city, being <br />replotted with the same number of lots and the <br />same number of dwelling units, shall be exempt <br />from all pazk land dedication requirements. If the <br />number of lots or the number of dwelling units is <br />increased, then park dedication shall be made <br />based on the number of additional lots or the <br />number of additional dwelling units. <br />(d) Replotted commercial or industrial prop- <br />erty. Prior platted commercial and industrial land <br />on which park dedication has not been received by <br />the city, being replotted with the same land area, <br />shall be exempt from all park dedication require- <br />ments. if iand area is being added to a previously <br />recorded plat, then additional park dedication <br />requirements shall be based on the additional <br />land being added. <br />(e) Use of c¢sh contributions. Any monies paid <br />to the city in lieu of pazk dedication shall be <br />placed in a special fund and used only for the <br />acquisition of land far parks, playgrounds, trails, <br />and public open space; for the development of <br />such aeeas and sites; and for debt retirement in <br />connection with land previously acquired or de- <br />veloped for such public purposes. Any monies <br />specifically paid to the city for trails shall be used <br />only for the acquisition of land for trails and for <br />the development of such land. <br />§ 30-327 <br />(t) Determination of fair market value of l¢nd. <br />For purposes of this section, the term "fair market <br />value of the undeveloped land" is defined as the <br />fair market value of the land within such plat, <br />replat, or subdivision as of the date the plat, <br />replat, or subdivision is presented to the city <br />council for approval of the final plat, as deter- <br />mined by the city in the same manner as the <br />county assessor determines the fair market value <br />of land for tax purposes. <br />(g) Dedications for purposes other than parks. <br />In addition, in every plat,replat,or subdivision of <br />land, the land required for public streets, regional <br />stormwater holding ponds and wetlands shall be <br />set aside and dedicated on the plat by the owners <br />to the city for these purposes. These areas will not <br />be credited towards pazk dedication require- <br />ments. <br />(h) Criteri¢ for determining suitability of land. <br />The suitability of land proposed to be dedicated <br />for pazk and recreational purposes shall be deter- <br />mined by reference to the following criteria: <br />(1) Whether the land is reasonably located <br />and suited for its intended use. <br />(2) Whether the land has frontage on public <br />or private roads as determined by the city. <br />(3) Size, shape, topography, geology, hydrol- <br />ogy, tree cover, access, and location. <br />(4) Consistency with the goals and objectives <br />of the master park and recreation plan. <br />(i) Zmprouements to dedicated loud. As part of <br />the subdivision or plat approval, the tract owner <br />shall be responsible for making certain improve- <br />ments to land dedicated for park, trail and public <br />open space purposes, including, but not limited to, <br />finish grading, ground cover, construction of trails <br />and clearly identifying park and trail boundaries <br />with city-approved markers. <br />(j) Credit for construction of recreationol facil- <br />ities. Park dedication credit shall not be granted <br />for the construction of recreational facilities un- <br />less specifically approved by the city council. The <br />submission for review by staff and the park and <br />recreation commission shall include an estimate <br />of installation costs, equipment specifications and <br />CD30:55 <br />