The following requirements are applicable to all subdivisions within the jurisdiction of the Park Board, Planning and Zoning Commission and City Council.
(A) In subdividing land or subdividing an existing plat, due consideration shall be given to the subdivision and by the Planning Committees upon review, to the dedication or reservation of suitable sites for schools, conservation areas, bike/pedestrian paths or open spaces and parks. Where a proposed public park, bike/pedestrian path, recreational area or open space, as determined by the Comprehensive Plan, Planning and Zoning Commission and Council, is located in whole or in part within a subdivision, the subdivider shall dedicate the lands to the city; provided, however, that, the total dedication (exclusive of public streets, alleys and pedestrian ways, and exclusive of all other purchased sites such as fire and police stations, water towers and treatment plants and sewer lift stations), shall be consistent with the following requirements:
(1) Residential zoned subdivisions. For land within a residential zone, formulas for land dedication shall be as follows:
(a) Zoning Districts R-1. A land dedication of 7.5% of the undeveloped site or its fair market land value;
(b) Zoning Districts R-2. A land dedication of 12% of the undeveloped site or its fair market land value;
(c) Zoning District Commercial and I/C-1. A negotiated percentage of land dedication of the undeveloped site or its fair market land value; and
(d) Business park or industrial zoned subdivision. None required, with exception of comprehensively planned bike/pedestrian paths shall be by easement.
(2) Infrastructure assessment costs. Infrastructure assessment costs incurred with any of the land dedication above shall be calculated and levied against the bike/pedestrian paths, park or open space by lineal foot of frontage. In no case shall the assessment cost levied against the park or bike/pedestrian path exceed 60% of the value of the land dedicated.
(3) Definition. For purposes of this division, FAIR MARKET LAND VALUE is defined as the market value of the land within the plat or subdivision as of the date presented to the Council for preliminary approval, as determined by the City Assessor or the sale price, whichever is higher, in the same manner as they shall determine the estimated market value of land for tax purposes, excluding from the determination any value added to the land by improvements serving the land, but including in the determination the highest and best force at the time of the platting.
(4) Payment in lieu of dedication. The city shall have the option of requiring a cash contribution in lieu of the land dedication set forth in division (A) above. Cash contribution shall be based on the following schedule.
(a) Zoning District R-1. A cash contribution of $215 per unit;
(b) Zoning District R-2. A cash contribution of $175 per unit;
(c) Zoning District Commercial and I/C-1. A negotiated cash contribution based on its fair market land value; and
(d) Business park or industrial zoned subdivision. None required.
(5) Partial dedication and partial payment. The city may permit or require the subdivider to provide a partial dedication and a partial payment in accordance with the requirements as set forth above.
(6) Review. The cash and land dedication value set forth above shall be reviewed by the Park Board on an annual basis and a revised schedule, if any, shall be set forth by the Council.
(B) When structures are constructed on property which has been previously platted and on which plat no park or bike/pedestrian path dedication on record in cash or land was given to the city, a park or bike/pedestrian path dedication fee in accordance with the schedules hereinafter set forth shall be paid at the time of the subdivision agreement or when the building permit is issued. If the park or bike/pedestrian path as indicated on record has been previously satisfied at the time of platting in accordance with the requirements then in existence, then no further fee shall be levied. If a partial payment has been made, then the balance of the development shall be charged the rate set forth in division (A)(1) of this section.
(C) When building permits are issued on property which is not platted and is not required to be platted prior to receiving a building permit, a fee shall be paid at the time of building permit issuance in accordance with the above schedule.
(D) Sums of money so received by the city shall be placed in a special account to be known as the Public Sites and Equipment Fund and allocated by the Council solely for the acquisition of land or purchase of equipment for public parks, recreation areas or open spaces, bike/pedestrian path development of existing parks and recreational areas or debt retirement in connection with the land or equipment previously acquired for parks, bike/pedestrian paths, recreational areas or open areas.
(E) Pursuant to state statute, the following may be required: The subdivider shall be responsible for providing site development plans with provisions for the control of drainage, erosion, and siltation if the plans are considered necessary by the City Engineer or by law, for the purpose of soil and water conservation.
(F) In high density zoning districts, the Council may require developments of 24 units or more to create a private entity to maintain some form of on site recreation for use by the site residents; specifically preschool children.
(Ord. 232, passed 11-1-2000)
