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• • • 53 PUBLIC LAND DEDICATION § 1001.115 PROPERTY DEDICATION. (1) • • - - • - - - - - - - A reasonable portion of the-every proposed subdivision shall be dedicated to the city for public streets, roads, utility easements, water facilities, storm water drainage and holding areas or ponds and other similar utilities and improvements. (2) As a prerequisite to any subdivision approval, and at the sole determination by the city, applicants and/or developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the city's park dedication fund roughly related to the anticipated effect of the subdivision on the park and trail system. The amounts listed in this section are the city's best estimate of the dedication or cash contribution needed to offset the effect of the subdivision on the park and trail system. The requirement may also be met with a combination of land and cash if approved by the City Council. (3) Land shall be reasonably suitable for its intended 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, hydrology, tree cover, access and location, and future park needs pursuant to the Comprehensive Plan. Wetlands, ponding areas, and drainage ways shall not be eligible for park dedication credit. Park land to be dedicated shall be above the ordinary high water level. Grades exceeding 12% or areas unsuitable for park development shall not be considered for dedication. Land with trash, junk, pollutants and/or unwanted structures is not acceptable. (4) The applicant shall confer with city staff and the Park Board at the time the preliminary plat is under consideration, to secure a recommendation as to the location of any property to be dedicated for parks and open space. The preliminary plat shall show the location and dimensions of all areas to be dedicated this manner. The contribution requirement recommendation(s) will be sent to the Planning Commission and Zoning Board for review and comment and subsequently to the City Council for their approval. (5) When a proposed park, playground, recreation area or other public ground has been indicated in the city's official map or comprehensive plan and is located in whole or in part within a proposed plat, it shall be dedicated as park to the appropriate governmental unit. For an unplatted subdivision, this public ground shall be conveyed to the appropriate governmental unit by other means as a condition of approval. If the applicant elects not to dedicate an area in excess of the land required hereunder for the proposed public site, the city may consider acquiring the excess land through purchase or condemnation. (6) Where private open space for park and recreation purposes is provided in a proposed subdivision, the areas may be used for credit, at the discretion of the City Council, against the land or cash dedication requirement for park and recreation purposes, provided the City Council finds it is in the public interest to do so and provided there is a legally enforceable mechanism in place to ensure that the private open space shall remain permanent open space. (7) The city, upon consideration of the particular type of development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In these cases, a cash DRAFT JANUARY 26, 2009