Agenda - Council - 01/12/1982 - Laserfiche WebLink

Home

! 170.038F I)I~DI£Z'FION OF PARKS AND OPEN SPACES 1. In all new subdivisions, eight percent (8%) of the gross area subdivided shall be dedicated to the public for public use as parks, playgrounds and open space. Along x~ith the dedication required lin the previous sentence, additional land amounting to a maximum of ~five percent (5%) of the gross area subdivided shall be dedicated to the public for puh].ic use as storm water holding areas or ponds. No larea may be dedicated for public use until written findings and recom- mendat5ons regarding the proposed dedications have been made by the p]ann5, ng commission and presented to the city council. The city council shall not approve the dedication of any areas for public use ' ~unless it determines that such areas are suitable and needed for the '~pub]ic health, safety, convenience and/or, general welfare. If the city co~mci] dete~mi, nes that no areas in the gross area to be subdivi- Ided are n~eded for storm water holding areas or ponds, then the city icouncil may require that the area dedicated to the public for public use as parks, p]ayground~ and open space be increased to ten percent I(10%) of the gross area subdivided. 2. In lieu of public land dedication for the purposes of i)arks, playgrounds and open space as above described, the city council nay require the subdivider to contribute ten percent (10%) of the fair 7arket value of the undeveloped ]and or One Hundred Dollars ($100.O0) per lot created, whichever is greater. The fair market value of the mdeve]oped ].and shall be determined by the tax assessments, records and fo,-mulas that apply thereto. 1]~e cash payments received as a esult of this provision shall be placed in a special fund by the ity and used only for acquisition of land for parks, playgrounds, public open space and storm water holding areas or ponds, development tf existing parks and playground sites, public open space and storm ater ho]ding areas or ponds, and debt retirement in connection with land previously acquired for such public purposes. In appropriate lats, the subdivider and the city council may agree on a combination f land dedication and cash payment. 3. .In appropriate plats, as determined by agreement between 2he city council and subdivider, the subdivider may dedicate to the ~ublic a scenic easement in combination with the requirements of para- i;raphs 1 and 2 above, or if the subdivider and city council agree, !he scenic easement dedication may be in lieu of the requirements in ~aragraphs ] and 2 above. 4. Agreements as to the requirements in paragraphs 1, 2, and above shall be made prior to preliminary plat approval, and failure of the city council and subdivider to reach agreement regarding the f atters in paragraphs 1, 2, and 3 above shall constitute denial of the reliminary plat. !