8. Development Code-Section 9. Park Dedication Requirements ����//'�
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Effective 6/1/99(Revised January 25,2007) Chepter Three�:• Subdivision Regulations
SECTIUN 9. P�1.RK DEDIC�3 TION REQ UIREMENTS
9.1. Park Land Dedication Requirenients
(1) Tn all developments,the owner of a subdivision shall,as prerequisite to approval of a plat or minor
subdivision,convey to the Township,or dedicate to the public use, 7 percent of such land for the
public use as parks,playgrounds,trails or open space or shal]pay,in lieu thereof,a$1,500 per lot cash
contribution to the Township,or a combination of land and cash dedication at the Tovvnship's
discretion. The required dedication shall be made prior to the Township's release of the final plat for
filing.Unimproved parcels of record existing prior to the adoption of this Ordinance and on which no
park fee has been paid shall pay a park fee of$1,500.00 per parcel prior to the issuance of a building
permit for the construction of any structure on the parcel.
(2) Lands for Public Use.Pursuant to Minnesota Statutes, Section 462.358,Subdivision 2(b),as amended
and this Ordinance,all owners or developtrs,as a prerequisite to approval of a plat,subdivision or �
development of any land, shall convey to the Township or dedicate to the public use,a reasonable
portion of any such land for public use as streets,roads,sewers,electric gas and water facilities,storm
water drainage and holding areas or ponds,similar utilities and improvements ar parks,playgrounds,
trails or open space, said portions to be approved and acceptable to the Township_ �
(3) Dedicated Land Requirements.Any land to be dedicated as a requirement of this Ordinance shall be
reasonably adaptable for its proposed use and shall be at a location convenient to the people to be
served. Factors used in evaluating the adequacy of proposed park and recreation areas shal]include
size,shape,topography, geology,tree cover,access and location.
(4) Miscellaneous Requirements for Park Dedications. The following requuements shall apply to all
dedications or conveyances for park,playground,trails or public open space purposes.
(A) Land conveyed or dedicated pursuant to provisions of this Ordinance shali,at the option of the
Town Board,be located outside of drainage ways,floodplains and ponding areas aftcr the site
has been developed.
(B) As part of their dcvelopment contract approval responsibilities,owners and developers shall be
responsible for making certain improvements to the developments for park,playground,trail
and public open space purposes including,but not limited to, finished grading and ground .
cover for all park,playground,trail and public open spaces within their developmenis.
(C) Standards for Location.The Park and Recreation Committee shall make a recommendation to
the Planning Commission prior to preliminary plat approval,as to the iocation and type of park
facility required for each development. The Park and Recreation Committee shall consider the
Township Parks,Trails and Open Space Plan, other resources,and factors of density and site
dcvelopment in making its recommendation.
(D) Where a proposed park,play�round,trail,open space or other recreational area that has bear
indicated on the official map and/or Comprehensive Plan is located in.whole or in part within a
proposed subdivision,such pmposed sites shall be designated as such and shall be dedicated to .
the Township.
(E) I.and areas so conveyed or dedicated for park,playground,trail and open space purposes may
not be used by an owner or developer as an allowance for purposes of calculating the density
Now Scandia Township Devolopmcnt Cotio 3.9-1
Chapter T'hree fi Subdivision Regulations (Revised January 25,2007)Effective 6/1/99
requirements of the development as set out in flie Zoning Ordinance and shall be in addition to
and not in lieu of open space requirements for planned unit and open space conservation
subdivisions pursuant to the Zoning Ordinance,as amended. '
(F) Open space privaiely owned and maintained shall not be given credit for parkland dedication.
Where private open space for pazk,playground,trail,open space or other recreation purposes
is provided in s proposed subdivision,and such space is to be privately owned and maintained
by the future residents of the subdivision,the following standards shall be met:
1. All said yards,court areas,setbacks and other open space required to be maintained by
the Zoning Ordinance shall not be included in the computation of such private open
space.
2. The private owneiship and maintenance of the open space shall be adequately provided
for by writteu agreement.
3. The private open space shall be restricted for park,playground,trail,open space or
recreational purposes by recorded covenants which run with the land in favor of the
future owners of the property within the tract and which cannot be eliminated without �
the consent of the Town Board.
4. The proposed private open space shall be reasonably adaptable for use for such
purposes,taking into consideration such factors as size,shape,topography,geology,
access and location of the private open space.
3.9-2 New Scandia Township Development Code
DRAFT APRIL 26,20l 1 Chapter 7hree 0 Subdivision
SEC�'I�N �2.0 PARK DEBICA�'ION 1tEQUfREMEN�'S
12.1 Purpose and Findings.
(1) Purpose. Pursuant to Minnesota Statutes, Section 462358, Subdivision 2(b), as amended and
this Chapter, all owners or developers,as a prerequisite to approval of a plat, subdivision or
development of any land, shall convey to the City or dedicate to the public use,a reasonable
portion of any such land for public use as streets,roads,sewers,elechic gas and water
facilities, storm water drainage and holding areas or ponds,similaz utilities and improvements
or pazks,playgrounds,trails or open space, said portions to be approved and acceptable to the
City.
(2) Findings. The preservation and development of parks,trails and open spaces in the City of
Scandia are essential to maintaining our rural character,protect our natural beauty and
recognize our history. New development creates the need for new pazks,open spaces and
trails which must be developed concurrently with deveTopment in order to implement the
Comprehensive Parks, Trails,Open Space and Recreation Plan and maintain the cwrent level
of service and the quality of the environment for all. Therefore,new developments shall be
required to contribute toward the City's park system in rough proportion to the relative burden
they will place upon the park system.
12.2 Dedication Required. In all developments,the owner of a subdivision shall,as prerequisite to
approval of a plat or minor subdivision,convey to the City land for the public use as parks,
playgrounds,trails or open space in an amount roughly proportional to the development's share of
demands on the City's park and trail system as set forth in this section. If the City determines that
land is not needed in the area of the proposed subdivision,the subdivider shall pay,in lieu thereof,a
cash contnbution to the City, or a combination of land and cash dedication at the City's discretion.
The dedication requirements of this chapter are presumptively appropriate. A developer may
request a deviation from the presumptive requirements based upon the anticipated impact of that
� particular subdivision. The request must be made as part of the application for final plat approval.
A deviation may be considered if the development provides affordable housing to low and moderate
income persons,as defined by the Metropolitan Council.
(1) Calculation of Land Dedication Requirement
(A) Residential. In all new residential subdivisions,a minimum of 5% of the net
area subdivided shall be dedicated for public use. The net area shall be the gross area
of the subdivided property minus the area of wetlands,lakes and streams below the
ordinary high water mark. Land areas so conveyed or dedicated for park,playground,
trail and open space purposes shall be in addition to pmperty dedicated for streets,
easements,drainage,ponding or other public ways, and shall be in addition to open
space requirements for open space conservation subdivisions pursuant to the Zoning
Code,as amended.
(B) Non-Residential. Park dedication for non-residential development will be negotiated
between the city and the developer. The land area to be dedicated,or the fee in lieu,
will be based on an evaluation of the potential need for parks,trails and open space
generated by the subdivision and whether or not there is land within the development
needed and/or planned for a pazk or trail in the Comprehensive Plan.
City of Scandia Development Code,Chapter 3 Page 3-33
DRAFT APRIL 26,2011 Chapter 7}uee 0 Subdivision '
(2) Cash in Lieu of Land Dedication. The amount of cash to be paid in lieu of land dedication
shall be based on the fair market value of the land to be subdivided at the time of final plat
approval,multiplied by the percentage of land required to be dedicated in Section 12.2(1),
above. Fair market value shall be determined as follows:
(A) The city and the developer may agree as to the fair market value; or
(B) The fair market value may be based upon a current appraisal submitted to the city by
� the subdivider at the subdivider's expense. The appraisal shall be made by appraisers
who are approved members of the SREA or MAI,or equivalent real estate appraisal
societies.
(C) If the city disputes such appraisal the city may,at the sudivider's expense,obtain an
appraisal of the property by a qualified real estate appraiser,which appraisal shall be
conclusive evidence of the fair market value of the land.
(D) The developer may pay a cash fee of_$3,500_for each residential unit created or
for each gross acre of commercial land developed as the presumptive fair market value
of the land for which cash is paid.
(E) Cash and Land Combination. The city,upon consideration of a particular
development,may require that a lesser parcel of land should be dedicated due to
particular features of the development. . In such cases,a cash contribution shall be
required in addition to or in lieu of the land dedication in order to ensure that the
development contributes to the park system in rough proportion to its impact.
12.3 Suitabilitv of Land to be Dedicated.
(1) Any land to be dedicated as a requirement of this Chapter shall be reasonably adaptable for its
proposed use and shall be at a location convenient to the people to be served.Factors used in
evaluating the adequacy of proposed park and recreation areas shall include size, shape,
topography,geology,tree cover, access and location.
(2) Land conveyed or dedicated pursuant to provisions of this Chapter shall be located outside of
drainage ways,floodplains and ponding areas after the site has been developed.
(3) Subdividers shall be responsible for making certain improvements to the land dedicated for
park,playground,trail and public open space puiposes including,but not limited to, finished
grading and ground cover for all park,playground,trail and public open spaces within their
developments. No credit toward the required dedication shall be given for this work.
12.4 Standards for Location.
(1) The Park and Recreation Committee shall make a recommendation to the Planning
Commission prior to preliminary plat approval,as to the location and type of park facility
required for each development. The Park and Recreation Committee shall consider the City
Parks,Trails and Open Space Plan, other resources,and factors of density and site
development in making its recommendation.
City of Scandia Development Code,Chapter 3 Page 3-34
DRAFT APR1L 26,2011 Chapter 7Lne 0 Subdivision
(2) Where a proposed park,playground,trail, open space or other recreational area that has been
indicated on the official map andlor Comprehensive Plan is located in whole or in part within
a proposed subdivision, such proposed sites shall be designated as such and shall be dedicated
to the City.
12.5 Procedures.
(1) When land is to be dedicated to satisfy the park dedication requirement, separate lots or
outlots shall be indicated on the plat drawings. Such lots or outlots shall be deeded to the city
prior to issuance of any building peimits within the plat.
(2) When a cash fee is to be paid in lieu of iand dedication,the fee shall be paid prior to the city's
release of the signed final plat for recording.
(3) For plats that include outlots for future development or are developed in phases,the subdivider
may pay the city either, 1)the required park dedication for the entire subdivision,including
the outlots or future phases,or 2)the required park dedication excluding such outlots or future
phases. The park dedication requirement shall be satisfied when such outlots are replatted or
final plats are approved for future phases, as provided in the development agreement.
(4) Cash in lieu of land contributions shall be deposited in the City's Pazks Capital Improvements
Fund and shall be used only for acquisition and development or improvement of parks,
recreational facilities,playgrounds,trails,wetlands, or open space.
12.6 Private O,pen Space. Open space privately owned and maintained shall not be given credit for
parkland dedication.Where private open space for park,playground,trail,open space or other
recreation purposes is provided in a proposed subdivision, and such space is to be privately owned
and maintained by the future residents of the subdivision,the standards for open space conservation
subdivisions as provided in Chapter 2, Section 6.6 of the Development Code shall be met.
City of Scandia Developm�t Code,Chapter 3 Page 3-35