Agenda - Council - 04/22/1980 - Laserfiche WebLink

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170.038F DEDI(~kTJON 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 with the ~edication required in the previous sentence, additional land amounting to a maximum of five percent (5%) of the gross area subdivided shall be dedicated to the publi~ for public use as storm water holding areas or ponds. No area may be dedicated for public use uhtil written findings and recom- mendations regarding the proposed dedications have been made by the p]anning 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 public health, safety, convenience and/or, general welfare. If the city council determines that no areas in the gross area to be subdivi- ded are needed for storm water holding areas or ponds, then the city council may require that the area dedicated to the public for public use as parks, playgrounds and open sp~ce be increased to ten percent (10%) of the gross area subdivided. 2. In lieu of public land dedication for the purposes of parks, playgrounds and open space as above described, the city council may require the subdivider to contribute ten percent (10%) of the fair market value of the undeveloped land or One Hundred Dollars ($100.00i per ]ut creat, ed, whichever is greater. The fair market va]ue of the undeve]oped ]and shall be determined by the tax assessments, records and formulas that app]y thereto. The cash payments received as ~ resu]t of this provision shall be placed in a speci~.l fund by th~ ~it¥ and used only for acquisition of land for parks, pla~rounds, . ~en space and storm water holding areas~or ponds, development of existing parks and playground sites, public open space and storm~ ~ho]ding areas or ponds~ and debt retirement in connection with ~ previously'acquired for such public purp~ses~ In appropriate p'l~, the subdivider and the city council may agree on a combination of land dedication and cash payment. 3. In a pp roprJate~k!ats,_~...~..~.=p~. as --det-e~mined__ . b~y agreement. . between~ the c~t_~, councf~-~--sp?~di~v.~id~_er_r~the--s~ubdivid~r--maY..-de~ic~ to .t~ pukka scenic easement ~n.comb~nat~on w~th the requirements of para- ~bs ] and 2 above, or if the subdivider and city ~~~ ~h~'~-s-~ic easement dedication m~y _p~_i~..~½eu of the requirem~n~in_ and 2 above. 4. Agreements as to the requirements in paragraphs 1, 2, and 3 above shall be made.prior to preliminary plat approval, and failure of the city council and subdivider to reach agreement regarding the matters in paragraphs 1, 2, and 3 above shall constitute, denial o5 the preliminary plat.