§ 42-8. Park land dedication.

(a)

Purpose.

(1)

This section is adopted to provide recreational areas in accordance with the city park and open space master plan in the form of neighborhood parks as a function of development in the city. It is declared by the city council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide the same is by integrating such a requirement into the procedure for planning and developing property for subdivision in the city.

(2)

Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served. The park areas established by the city council and shown on master plan for the city shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect the purposes stated.

(b)

General requirements. These requirements shall apply to land zoned residential which is to be used for single-family, duplex and/or apartment residential purposes.

(1)

Whenever a final plat is filed on record with the county clerk of the county for development of a residential area in accordance with the planning and city zoning regulations of the city, such plat shall contain a clear fee simple dedication of an area of land to the city for park purposes, which area shall equal one acre for each 100 proposed dwelling units. Any proposed plat submitted to the city for approval shall show the area proposed to be dedicated. The required dedication may be met by a payment of money in lieu of land when permitted or required by the other provisions of this section.

(2)

The city council declares that development of an area smaller than one acre for public park purposes is impractical. Therefore, if fewer than 100 units are proposed by a plat filed for approval, the developer shall be required to pay the applicable fee in lieu of land amount unless the dedication will increase the size of an existing park.

(3)

In instances where an area of more than one acre is required to be dedicated, the city council shall have the right to accept the dedication for approval on the final plat, or to refuse same, after consideration of the recommendation of the planning and zoning commission, and to require payment of a fee in lieu of land, if the city determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving parks.

(4)

The dedication required by this section shall be made by filing of the final plat or contemporaneously by separate instrument unless additional dedication is required subsequent to the filing the final plat. If the actual number of completed dwelling units exceed the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment of the fee in lieu of land or by the conveyance of an entire number lot to the city.

(c)

Money in lieu of land. Subject to approval of the city council, a landowner responsible for dedication under this article may elect to meet the requirements of subsection (b) of this section, in whole or in part by a payment in lieu of land shall be made within 30 days of the time of final plat recording or as stated in the developer's agreement.

(d)

Payments in lieu of land dedication. The dedication requirement shall be met by a payment in lieu of land at a per-dwelling unit price set from time to time by resolution by the city council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the park zone in which such development is located. The per unit fee shall be evaluated periodically based on current land values as provided in the city fee schedule.

(e)

Park master plan considerations. Land shown on the city's master plan as being suitable for development of the city for a major recreational center, school site, park, or other public use, shall be reserved, for a period of one year after the preliminary plat is approved by the city if within two months after such approval of city council advises the subdivider of its desire to acquire the land or of the interest for another government unit to acquire land, for purchase by the interested governmental authority at land appraisal value at the time of purchase. A failure by the city council to so notify the subdivider shall constitute a waiver of the right to reserve the land. Any waiver of the right to reserve the land shall no longer be effective if the preliminary plat shall expire without adoption of a final plat.

(f)

Special fund, right to refund.

(1)

There is established a special fund for the deposit of all sums paid in lieu of land dedication under this article or any preceding ordinance, which fund shall be known as the park land dedication fund.

(2)

The city shall account for all sums paid in lieu of land dedication under this article with reference to the individual plats involved. Any funds paid for such purposes must be expended by the city within ten years from the date received by the city for acquisition or development of a neighborhood park as defined herein. Such funds shall be considered to be spent on a first-in, first-out basis; if not so expended, the owners of the property on the first day of such period shall be entitled to a pro rata refund of such sum, computed on a per dwelling unit basis. The owners of such property must request such refund within one year of entitlement, in writing, or such right shall be barred.

(g)

Additional requirements, definitions for neighborhood parks.

(1)

Any land dedicated to the city under this article must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable (unless recommended in the master plan):

a.

Any area primarily located in the 100-year floodway.

b.

Any areas of unusual topography or slope which renders same unusable for recreational activities.

The above characteristics of a park land dedication area may be grounds for refusal of any preliminary or final plat.

(2)

Drainage areas may be accepted as a part of a neighborhood park if the channel is constructed in accordance with city engineering standards and if no significant area of the park is cut off from access by such channel. If land is dedicated which is in the floodway fringe but not including the floodway, then it shall count as ½ of the requirement as set forth in subsection (d) of this section.

(3)

Each park shall have ready access to public street.

(4)

Unless provided otherwise herein, an action by the city shall be by the city council, after consideration of the recommendations of the planning and zoning commission.

(5)

All park land dedication shall be consistent with the standards as set forth in the master plan.

(Code 1994, ch. 9, art. 8; Ord. No. 248, exh. A(art. 8), 3-24-1997)