5.d) Development Code-Excerpt of Chapter 3 SECTION 12.0 PARK DEDICATION REQUIREMENTS
12.1 Purpose and Findin�s.
(1) Purpose. Pursuant to Minnesota Statutes, Section 462.358, 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, electric gas and water
facilities, storm water drainage and holding areas or ponds, similar utilities and improvements
or parks, 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 parks, open spaces and
trails which must be developed concurrently with development in order to implement the
Comprehensive Parks, Trails, Open Space and Recreation Plan and maintain the current 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.
122 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 contribution 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 property 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 park or trail in the Comprehensive Plan.
Ciry o1�Scandia Development Code,Chapter 3 Page 3-33
(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 a�ree as to the fair market value; ar
(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$3,000 for each residential unit created 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 Suitability 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 purposes 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.
(]) 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.
(2) Where a proposed park, playground, trail, open space or other recreational area that has been
indicated on the official map and/or Comprehensive Plan is located in whole or in part within
Ciry of Scandia Devclopment Code,Chapter 3 Page 3-34
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 drawin�s. Such lots ar outlots shall be deeded to the city
prior to issuance of any building permits within the plat.
(2) When a cash fee is to be paid in lieu of land 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 Parks 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 Open 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 far open space conservation
subdivisions as provided in Chapter 2, Section 6.6 of the Development Code shall be met.
City of Scandia Developmenl Code,Chapter 3 Page 3-35