§ 36-370. Dedication of park lands or payment of fees in lieu thereof.

(a)

Prior to approval of planned development. Prior to approval of a planned development or a final subdivision plat, each subdivider or developer shall dedicate park land, or contribute cash or park improvements in lieu of land dedication, or any combination thereof as determined by the city planning and zoning commission.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Director, when used without a qualifier, means the director of the city's parks, recreation and special services department.

(1)

The parkland dedication requirements of this chapter apply to all residential subdivisions, except as provided in subsection (2) of this definition.

(2)

The following are exempt from the requirements of this section:

a.

A plat with not more than four single-family lots;

b.

A resubdivision of land that does not increase the number of dwelling units.

Holding costs means any and all costs incidental to the respective tract of land borne by the respective landowner.

Major subdivision means any residential subdivision or residential portion of a subdivision 50 residential units or greater.

Minor subdivision means any residential subdivision or residential portion of a subdivision less than 50 residential units.

For the purpose of this subsection, certain words and terms are hereby defined; terms not defined herein shall be construed in accordance with this subsection and chapter 46, zoning, as amended; other codes and ordinances, or their customary usage and meaning.

(c)

Dedication of parkland required.

(1)

A subdivider of a residential subdivision shall provide for the parkland needs of the residents by the dedication of suitable land for park and recreational purposes.

(2)

The area to be dedicated must be shown on the preliminary plat and the plat included in the dedication statement. Prior to filing, the subdivider shall dedicate to the city all land required by this section when a final plat is approved.

(3)

The amount of parkland required to be dedicated by the subdivider to the city is six acres for every 1,000 residents, as determined by the following formula:

6 × (number of units) × (residents per unit)/1,000 = acres of parkland

(4)

In calculating the amount of parkland to be dedicated under this section, the number of residents in each dwelling unit is based on density as follows:

Dwelling Units Per Acre	Residents in Each Dwelling Unit
Not more than 6	2.8
More than 6 and not more than 12	2.2
More than 12	1.7

 

(5)

In calculating the amount of parkland to be dedicated under this section, density for a multifamily subdivision is assumed to be the highest permitted in the zoning district, or if the property is not zoned, 24 dwelling units per acre. The subdivider may reduce the assumed density by restricting density in a restrictive covenant enforceable by the city.

(6)

Land located in a floodplain area will count for 50 percent credit towards the parkland dedication and floodplain shall not constitute more than 50 percent of the dedication.

(d)

Criteria for voluntary land dedication.

(1)

Eligibility of subdivisions for park land dedication.

a.

Minor subdivisions. The developer of any subdivision classified as a minor subdivision shall not be required to dedicate park land.

b.

Cash in lieu of dedication. The developer of minor subdivisions may, at developer's option, pay the cash contribution in lieu of park land dedication, as defined in subsection (d)(1)a of this section, calculated pursuant to subsection (b)(4) of this section.

c.

Major subdivisions. The developer of any major subdivision shall be required to dedicate park land. Recommendation of a cash contribution in lieu of park land dedication may be made to the planning and zoning commission by the parks and recreation advisory board.

(2)

Location. The specification and codes adopted by the city council shall be used as a guide for location of park sites. All land intended for park purposes shall be inspected both on the plat and in the field by the director of parks, recreation and special services who shall make a recommendation to the parks and recreation advisory board who shall make a recommendation to the planning and zoning commission. The final decision on acceptance of parkland shall be made by the planning and zoning commission.

(3)

Credit for private park land and facilities. Subdividers and developers may be allowed a credit against the park land dedication requirement for private parks or recreational facilities provided for the residents of a particular subdivision or planned development. The parks and recreation advisory board shall recommend to the planning and zoning commission the amount of the credit to be allowed, if any.

(e)

Criteria for contributions in lieu of park land.

(1)

Cash contribution in lieu of park land.

a.

The parks and recreation advisory board may recommend to the planning and zoning commission that a cash contribution be made in lieu of park land dedication;

b.

The in-lieu-of fee shall be available in the city secretary's office or amended, as set in section 38-164, permits and licenses, upon receipt by the city and approval of the planning and zoning commission prior to recording of the final plat.

(2)

Deposit of cash contributions. All cash contributions received by the city shall be received by the director of planning and development and forwarded to the director of finance. The director of finance shall deposit said funds into the park fund, as established by the city council after final plat approval but prior to filing of final plat.

(3)

Combinations of contributions in lieu of park land. The parks and recreation advisory board may recommend to the planning and zoning commission that a subdivider or developer makes a contribution of park land and cash.

(f)

Reservation of additional park land. In the event that the park plan, specification or codes for the city specifies a larger amount of park land in a subdivision or planned development than the subdivider or developer may be required to dedicate, the land needed beyond the respective contribution shall be reserved for subsequent acquisition by the city.

(1)

City may elect to hold such land by:

a.

Purchasing an option to buy the property for a period and at a price as agreed upon by the city and subdivider or developer.

b.

Indemnifying the owner of the land for all holding costs for a period of time, said costs and time period to be agreed upon by the city and subdivider or developer.

c.

If the city and subdivider or developer cannot agree on subsections (e)(1)a or b of this section, then the city may elect to prohibit any development or improvement to the proposed park land for a period not to exceed 12 months, during which time the city shall use reasonable and diligent efforts to acquire the necessary funds or financing to purchase the subject tract.

(2)

No provision herein shall in any way be construed as a limitation of the city's authority to acquire park land by eminent domain.

(g)

Park improvements fee. A parks improvement fee amount is available at the city secretary's office and is set forth in section 38-164, permits and licenses, upon receipt by the city and approval of the planning and zoning commission prior to recording of final plat.

(h)

Land treatment.

(1)

Upon preliminary platting of the park land from the subdivider or developer to the city, the subdivider or developer shall not cause or allow any fill material or construction debris to be dumped on the land, or otherwise alter, damage or impair the land, water or vegetation on the park site, without written permission from the director of parks, recreation and special services. The director of parks, recreation and special services may allow the subdivider or developer to dump fill material and take other respective actions specified in this subsection when such action would be beneficial to the park land. In such cases, the director of parks, recreation and special services shall provide a letter to the respective subdivider or developer.

(2)

The city will have the option to place the park land in a trust for use and leverage in funding as the park is developed. The city attorney shall be involved with the transfer of property to ensure the city has ownership but through the trust process does not lose the ownership of such property.

(Code 1990, ch. 8, § 6(O))