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Stfikethfoughs to be removed <br /> Underlines to be added <br /> 2. Facilities with a combination of senior independent living and 24/7 care shall make <br /> the required dedication based on the number of units designated for each type of <br /> use. <br /> (2) Commercial and industrial uses — the amount of land to be dedicated shall be a percentage <br /> of the buildable land proposed to be subdivided. The percentage to be dedicated shall be <br /> eight (8) percent for commercial and office uses and six (6) percent for industrial uses. <br /> (3) Mixed uses — the amount of land to be dedicated shall be calculated based on the percentage <br /> of land area devoted to each use, except in the case of mixed use projects within the same <br /> building where the amount of land to be dedicated shall be calculated based on the <br /> percentage of square feet devoted to each use. <br /> (b) Cash contribution in lieu of land dedication. If the city council,in its sole discretion, determines <br /> that all or a portion of the land proposed to be dedicated is unsuitable for parks, then the tract <br /> owner shall contribute to the city prior to releasing the final subdivision, in lieu of park land <br /> dedication, a cash contribution proportionate to the fair market value of the land, and set forth <br /> in the city's fee schedule. If the applicant disputes the amount of the proposed cash contribution <br /> in lieu of the land dedication, the applicant, at their own expense, may obtain an appraisal of the <br /> property. The appraisal shall be made by approved members of the MAI, or equivalent real <br /> estate appraisal societies. If the city disputes such appraisal the city may, at the applicant's <br /> expense, obtain an appraisal of the property by a qualified real estate appraisal. <br /> (c) Buildable land, for the purposes of calculating the required dedication described in this section, <br /> shall be defined as the gross acres less the area of wetlands, lakes, and streams below the <br /> OHWL. <br /> (d) Previously subdivided property from which a park dedication has been received, being re- <br /> subdivided with the same number of lots, is exempt from park dedication requirements. If, as a <br /> result of re-subdividing the property, the number of lots is increased, then the park dedication or <br /> per-lot cash fee must apply only to the net increase of lots. <br /> (e) Use of cash contributions. Any monies paid to the city in lieu of park dedication shall be placed <br /> in a special fund and used only forthe acquisition and development or improvement of parks, <br /> recreational facilities, playgrounds, trails, wetlands, or open space based on the approved park <br /> systems plan. Cash payments must not be used for ongoing operation or maintenance of parks, <br /> recreational facilities, playgrounds, trails, wetlands, or open space <br /> (f) Dedications for purposes other than parks. In addition, in every subdivision of land, the land <br /> required for public streets, regional stormwater holding ponds and wetlands shall be set aside <br /> and dedicated in the subdivision by the owners to the city for these purposes. These areas will <br /> not be credited towards park dedication requirements. <br /> (g) Criteria for determining suitability of land. The suitability of land proposed to be dedicated for <br /> park and recreational purposes shall be determined by reference to the following criteria: <br /> (1) Whether the land is reasonably located and suited for its intended use. <br /> (2) Whether the land has frontage on public or private roads as determined by the city. <br /> (3) Size, shape, topography,geology,hydrology, tree cover, access, and location. <br /> (4) Consistency with the goals and objectives of the master park and recreation plan. <br /> URE <br /> Last Updated il7asch 2014 INATJ <br />