10/03/1994 Park Board Packet - Laserfiche WebLink

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SEP-2�-1994 08s4? NAC 612 595 983? P.07i08 undeveloped flood plain would have merely satisfied that requirement . However, the city has never said why a public as opposed to a private greenway in required in the interest of flood control. The difference to Dolan is the loss of her ability to exclude others from her property yet the city has not attempted to make an individualized - determination to support this part of it$ request. The city has also not met its burden of demonstrating that the additional number of vehicle and bicycle trips generated by Dolan's development reasonably relates to the city's requirement for a dedication of the pathway easement . The city must quantify its finding beyond a conclusory statement that -the dedication could offset some of the traffic demand generated by the development. III. Practical Implications of Do la . A. The Dolan case has changed the rules regarding dedications and exactions. specifically, the government now has the burden of showing that the degree of the dedication or exaction demanded by the permit condition bears the required relationship to the projected impact of the proposed development. r-� B. The dedications typically required by the goverment include the following: Park land (residential and commercial) , trail segments, environmental easements including conservation easements, .wetland easements, bluff land easements, flood plain easements, ..scenic easements, no mow, cut or disturb easements, sensitive environmental area easements, bike paths, sidewalks, drainage easements, utility easements, street right-of-way easements, highway right-of-way easements, off-site street easements, off-site ponding, solar access easements, and height limitations. C. In evaluating the city's proposed condition, it must be determined (1) whether an essential nexus exists between a legitimate state interest and the permit condition, and whether the degree of exactions demanded by the permit condition is reasonably related both in nature and extent to the proposed developments ' impact. IV. Here are three examples that frequently occur. A. Developer Bob proposes a 75 single-family detached housing subdivision in the City of Exaction. As a condition to subdivision approval, Exaction requires that Developer Bob dedicate the upper portion of the property for an arterial roadway. Developer Bob 4.