§ 23-77. Criteria for land dedication.

(a)

Eligibility of subdivisions for parkland dedication requirements.

(1)

Minor subdivisions. The developer of any subdivision classified as a minor subdivision shall not be required to dedicate parkland. The developer of minor subdivisions shall pay cash contribution in lieu of parkland dedication calculated pursuant to subsection (5)(c). However, if the developer feels he has parkland area that would be advantageous to the city, he may submit a request for dedicating parkland to the city and the city shall have the option of accepting parkland property dedication or the cash contribution.

(2)

Major subdivisions. The developer of any subdivision classified as a major subdivision may be required to dedicate parkland. During the preliminary plat approval process, the developer shall designate a location for the proposed park (see parkland dedication requirements). To meet the intent of the chapter, one larger park rather than several small ones spread over the subdivision may be required. At this time the planning and zoning commission will decide whether or not the proposed property dedication would be consistent with the desires of the city in terms of quality and location of its parklands. Should the director of parks and recreation decide that the parkland is not desirable, and then the developer shall pay cash contribution in lieu of parkland dedication calculated pursuant to subsection (5)(c).

(b)

Properties not required to dedicate park land.

(1)

All residential properties that are classified as minor subdivisions.

(2)

The dedication of land or cash contributions shall not apply to existing lots within a recorded plat. All new lots within a replat or addition to an existing subdivision shall comply with the parkland dedication or cash contribution requirements as outlined in this chapter.

(Ord. No. 05-22, § 1, 8-2-2005)