9.1. SR 02-03-2014 - Laserfiche WebLink

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Sec. 30-327. Dedication of land or contribution of cash for public purpose. (a) Dedications for park purposes required. In every plat, replat or subdivision of land to be developed for residential, commercial, or industrial uses, or as a planned unit development which includes such uses or any combination thereof, it is reasonable to require that an amount of land equal in value to ten percent of the undeveloped land proposed to be subdivided shall be set aside and dedicated by the tract owner or owners to the city for parks, playgrounds, trails, or public open space. (b) Cash contribution in lieu of land dedication. If the city council, in its sole discretion, determines that the land proposed to be dedicated is unsuitable for parks, then the tract owner shall contribute to the city, in lieu of park land dedication, an amount of cash not to exceed the fair market value of the undeveloped land required to be dedicated, as the city council shall determine by resolution from time to time. (c) Replatted residential property. Previously platted residential property on which park dedication has not been received by the city, being replatted with the same number of lots and the same number of dwelling units, shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, then park dedication shall be made based on the number of additional lots or the number of additional dwelling units. (d) Replatted commercial or industrial property. Prior platted commercial and industrial land on which park dedication has not been received by the city, being replatted with the same land area, shall be exempt from all park dedication requirements. If land area is being added to a previously recorded plat, then additional park dedication requirements shall be based on the additional land being added. (e) Use of cash contributions. Any monies paid to the city in lieu of park dedication shall be placed in a special fund and used only for the acquisition of land for parks, playgrounds, trails, and public open space; for the development of such areas and sites; and for debt retirement in connection with land previously acquired or developed for such public purposes. Any monies specifically paid to the city for trails shall be used only for the acquisition of land for trails and for the development of such land. (f) Determination of fair market value of land. For purposes of this section, the term "fair market value of the undeveloped land" is defined as the fair market value of the land within such plat, replat, or subdivision as of the date the plat, replat, or subdivision is presented to the city council for approval of the final plat, as determined by the city in the same manner as the county assessor determines the fair market value of land for tax purposes. (g) Dedications for purposes other than parks. In addition, in every plat, replat, or subdivision of land, the land required for public streets, regional stormwater holding ponds and wetlands shall be set aside and dedicated on the plat by the owners to the city for these purposes. These areas will not be credited towards park dedication requirements. (h) Criteria for determining suitability of land. The suitability of land proposed to be dedicated for park and recreational purposes shall be determined by reference to the following criteria: