This article is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the city. It is hereby 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 for same is by integrating such a requirement into the procedure for planning and developing property for subdivision in the city. Through subdivision requirements, the primary cost of neighborhood parks should ultimately be borne by the proposed residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities.
(Ordinance 2005-05, sec. I, adopted 6/23/05)
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 thereby. The park zones established by the planning and zoning commission, in coordination with the parks and recreation board, shall establish park zones and such shall be shown on the official maps (park master plan) for the city, which shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein.
(Ordinance 2005-05, sec. II, adopted 6/23/05)
For each plat containing property for residential use (including single-family, duplex, apartment, mobile home or any other residential use), the minimum park land dedication requirement is one (1) acre of park land per one hundred (100) residential living units. A residential living unit shall be each unit containing, or meant to contain, a single-family unit or tenant. Where possible, park land shall be dedicated directly as set forth herein. However, in some instances, the developer may be asked to pay cash in lieu of actual land dedication. Such instances are delineated in this article.
(Ordinance 2005-05, sec. III, adopted 6/23/05)
(a) 
Dedication by plat.
Except as provided herein, whenever a final plat is filed on record with the county clerk for development of a residential area in accordance with the planning and 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, or exceed, one (1) acre for each one hundred (100) proposed dwelling units. The proposed plat submitted to the city for approval shall show the area proposed to be dedicated under this section.
(b) 
Dedication by separate instrument.
If, for any reason, the dedication required by this article cannot be made on the final plat and land is to be dedicated, then such dedication shall be made by separate legal instrument filed contemporaneously with the final plat. In the event that there is an increase in building units for the area covered by an existing plat, and a revised plat is not required, then any additional dedication caused by the increased units shall be made by separate filed legal instrument in cases where additional land (and not cash-in-lieu) is required.
(Ordinance 2005-05, sec. IV, adopted 6/23/05)
The city does not currently have any dedicated parks set up for most common forms of recreation. However, the city has about 6.5 acres of open land currently available for open field and walking activities. At our current estimated population of 1640 people, this would equate to 252.3 people per park acre. This number is comparable to the ratio shown in the ordinances for other area cities. Based on 2.5 persons per household, there should be a target of one acre per every 100 new residential units.
(Ordinance 2005-05, sec. V, adopted 6/23/05)
(a) 
Circumstances exist in which it is not prudent for the developer to dedicate park land in conjunction with the development plat. Subject to the city council, a landowner responsible for dedication under this article may be required to meet the requirements of this article in whole or in part by a cash payment in lieu of land dedication in the following cases:
(1) 
Land to be dedicated is less than 1 acre.
(2) 
Additional building units are added beyond those calculated at platting.
(3) 
Land available for dedication is not of proper quality for park uses required by the park master plan.
(A) 
Inadequate access.
(B) 
Excessive floodplain.
(C) 
Not cost effective to develop into parks.
(D) 
Unforeseen conflict with neighboring property/development as determined by the city council.
(4) 
The council determines that it is in the public’s best interest to accept cash rather than land.
(A) 
Sufficient existing park land in area of development.
(B) 
Better to use money to expand a nearby existing park rather than have adjacent small parks.
(b) 
Such payment of cash in lieu of land dedication shall be made at, or prior to, the time of final plat approval. The amount of such payment shall be based on a per-acre amount established by the city council based on evidence from local real estate professional(s) or appraiser(s) as to the average price per acre for residential land in the city at the time of plat dedication.
(c) 
The dedication requirement shall be met by a payment in lieu of land at a per-acre 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. Unless changed by the city council, such per-acre price shall be computed on the basis of two hundred fifty dollars ($250.00) per dwelling unit. Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same zone as the development, unless the developer executes a waiver and requests that the funds be used for some other park project, in which case the funds may be used for such project.
(Ordinance 2005-05, sec. VI, adopted 6/23/05)
The city may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase park land in a park zone, subsequent park land dedications for that zone shall be in cash only, and calculated to reimburse the city’s actual cost of acquisition and development of such for parks. The cash amount shall be equal to the sum of the average price per acre of such land, and the actual cost of adjacent streets and on-site utilities, or an estimate of such actual cost provided by the city engineer. Once the city has been reimbursed entirely for all such park lands within a park zone, this provision shall cease to apply, and the other provisions of this article shall again be applicable.
(Ordinance 2005-05, sec. VII, adopted 6/23/05)
Land shown on the parks master plan of the city comprehensive 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 (1) year after the preliminary plat is approved by the city, if within two (2) months after such approval the city council advises the developer of its desire to acquire the land or of the interest of another government unit to acquire the 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 developer 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.
(Ordinance 2005-05, sec. VIII, adopted 6/23/05)
There is hereby 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.
(Ordinance 2005-05, sec. IX, adopted 6/23/05)
The city shall account for all sums paid in lieu of land dedication under this article with reference to the individual plats involved. For such purposes, the funds must be expended by the city within ten (10) years from the date received by the city for acquisition or development of a neighborhood park as defined herein. 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 last day of such period shall be entitled to a pro rata refund of such sum, computed on a square footage of area basis. The owners of such property must request such refund within one (1) year of entitlement in writing, or such right shall be barred.
(Ordinance 2005-05, sec. X, adopted 6/23/05)
(a) 
Suitability.
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:
(1) 
Any area primarily located in the 100-year floodplain; and
(2) 
Any areas of unusual topography or slope which renders same unusable for organized recreational activities.
The above characteristics of a park land dedication area may be grounds for refusal of any preliminary plat, unless a feasible plan for use is provided.
(b) 
Drainage.
Drainage areas may be accepted as part of a 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.
(c) 
Public access.
Each park must have ready access to a public street.
(d) 
City approvals.
Unless provided otherwise herein, an action by the city shall be by the city council, after consideration of the recommendations of the parks board and planning and zoning commission.
(Ordinance 2005-05, sec. XI, adopted 6/23/05)
Should the density caps contained within a given zoning district result in unused acreage or “open space” in a development, the additional “open space” will offset the corresponding amount of park land dedication, providing the land meets the following requirements:
(1) 
Usefulness.
The additional “open space” is suitable to provide useful recreational functions such as linear destination trails (those trails designed to conduct residents to the planned interconnecting citywide trail system), and connectivity to neighborhood facilities including shopping or schools and active park/recreation facilities.
(2) 
Meets parks requirements.
The “open space” meets the requirements listed herein regarding the selection and characteristics of park land.
(3) 
Maintenance.
The property designated as “open space” is maintained by the development through the institution of a homeowners’ association (HOA) or a public improvement district (PD).
(Ordinance 2005-05, sec. XII, adopted 6/23/05)
(a) 
All required fees shall be paid and received before the recording of the final plat on any or all portions of the subdivision indicated on the original preliminary plat thereof by the city for filing in the county plat records.
(b) 
All payments made in accordance with this policy will be deposited in a designated fund as established by the city. The city will account for all such funds paid with reference to each subdivision development. Interest earned on accumulated park acquisition and development fees designated for a specific subdivision development will be used for additional acquisition and development as described in this policy.
(c) 
“Open space” offsets in section 10.04.012 (open space and park land offsets) do not apply to the park development fee. All fees will be based upon the total park land provided with a development, whether acquired as “open space” or active park land dedication requirements.
(Ordinance 2005-05, sec. XIII, adopted 6/23/05)