Agenda - Planning Commission - 06/02/2011 - Special Jt Mtg w CC

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• In establishing what portion of land must be dedicated or preserved, city regulations must also give due consideration to the public open space and recreational areas and facilities the developer proposes for the subdivision. • A city cannot deny subdivision approval based solely on an inadequate supply of parks, playgrounds, trails, wetlands, or open space within the municipality. Park Dedication Fees As part of its park dedication requirements, as an alternative to accepting dedicated land, a city may accept an equivalent value of money. Known as "park dedication fees" these fees have received considerable attention during the last several years. How to Set Fees Case law and the statute require an "essential nexus" between the fees or dedication imposed and the municipal purpose sought to be achieved by the fee or dedication. The fee or dedication must bear a rough proportionality to the need created by the proposed subdivision or development. If cities require park dedication fees in their subdivision regulations it must be done by ordinance or, depending on the amount of fees collected, by a fee schedule. In 2004, 2006 and 2007, the legislature amended the state statute provisions relating to park dedication fees. 1 t More Information Learn more about establishing fees in: • Establishing Building and Development Fees It's available at www.lmc.oru. The park dedication fee now must be based on fair market value of the unplatted land for which park fees have not already been paid. If the land in question is subject to a comprehensive plan - eventually scheduled to be served by municipal sanitary sewer, water service or community septic and private well - then the city may include that fact in determining the fair market value. Cities must collect the fee at the time of final plat approval. For purposes of redevelopment on developed land, the municipality may choose to accept a fee based on fair market value of the land no later than the time of final approval. What Can We Do With Fees? Fees received must be placed by the municipality in a special fund to be used only for the purposes for which the money was obtained. Park dedication fees received must be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space based on the approved park systems plan. Fees must not be used for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space. Disputes Regarding Fees If a city is given written notice of a dispute related to a proposed park dedication fee before the municipality's final decision on an application, a municipality must not condition the approval of any proposed subdivision or development on an agreement to waive the right to challenge the validity of a fee in lieu of dedication. An application may proceed as if the fee had been paid, pending a decision on the appeal of a dispute over a proposed fee in lieu of dedication, if 4