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iTh \J7 <br /> U u ORDINANCE 00 -07 <br /> CITY OF ELK RIVER <br /> AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING <br /> SECTION 1008.18 OF THE CITY CODE OF ORDINANCES <br /> CASE NO. OA 00-1 <br /> The City Council of the City of Elk River does hereby ordain as follows: <br /> Section 1. Section 1008.18 of the City of Elk River Code of Ordinances <br /> shall be amended to read as follows: <br /> 1. In every plat, replat or subdivision of land to- be developed for <br /> residential, commercial, or industrial uses, or as a planned unit <br /> development which includes such uses or any combination thereof, <br /> it is reasonable to require that an amount of land equal in value <br /> to ten percent (10%) of the undeveloped land proposed to be <br /> subdivided shall be set aside and dedicated by the tract owner or <br /> owners to the City for parks, playgrounds, trails, or public open <br /> space. <br /> 2. If the City Council, in its sole discretion, determines that <br /> the land proposed to be dedicated is unsuitable for parks, <br /> then the tract owner or owners shall contribute to the City, <br /> in lieu of park land dedication, an amount of cash not to <br /> exceed the fair market value of the undeveloped land <br /> required to be dedicated, as the City Council shall <br /> determine by resolution from time to time. <br /> 3 . Previously platted Residential Property on which park <br /> dedication has not been received by the City, being <br /> replatted with the same number of lots and the same number <br /> of dwelling units, shall be exempt from all park land <br /> dedication requirements . If the. number of lots or the <br /> number of dwelling units is increased, then park dedication <br /> shall be made based on the number of additional lots or the <br /> number of additional dwelling units. <br /> 4. Prior platted Commercial and Industrial land on which park <br /> dedication has not been received by the City, being <br /> replatted with the same land area, shall be exempt from all <br /> park dedication requirements. If land area is being added <br /> to a previously recorded plat, then additional park <br /> dedication requirements shall be based on the additional <br /> land being added. <br /> 5 . Any monies paid to the City in lieu of park dedication shall <br /> be placed in a special fund and used only for the <br /> acquisition of land for parks, playgrounds, trails, public <br /> open space; for the development of such areas and sites; and <br /> for debt retirement in connection with land previously <br /> acquired or developed for such public purposes . Any monies <br /> specifically paid to the City for trails shall be used only <br /> for the acquisition of land for trails and for the <br /> development of such land. <br /> 6 . For purposes of this Ordinance, "fair market value of the <br /> undeveloped land" is defined as the fair market value of the <br /> land within such plat, replat, or subdivision as of the date <br />