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Ordinance No. 80-46; Affidavit of Publication
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Ordinance No. 80-46; Affidavit of Publication
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U. Uonmounon in Lieu of Land. In lieu or the <br />land dedication, the City may elect to require the <br />subdivider to contribute a cash equivalent pay- <br />ment to the city's Park and Open Space Fund, or, <br />may require the developer to satisfy the park land <br />dedication requirement by a combination of land <br />and cash contribution. Forallsubdivisions, except <br />residential subdivisions resulting in three (3) or <br />fewer parcels, the maximum cash equivalent pay- ment shall be an amount equal to the fair market <br />value of the percentage land dedication for the <br />zoning district in which the subdivided property islocated. The City shall determine the fair market <br />value of the land by reference to current market <br />data, if available, or by obtaining an appraisal from <br />a licensed real estate appraiser. The subdivider <br />shall pay for the cost of the appraisal. The fair <br />market value determination of the appraiser shall <br />be conclusive. Maximum cash equivalent pay- ments forresidential subdivisions resulting in three <br />3) of fewer parcels shall be as determined from <br />time to time by City Council resolution. <br />E. Payments of Cash Contribution. Cash <br />contribution payments shall be made to the Citypriortofinalplatapprovalinthosecaseswherethe <br />subdivision results in more than three (3) lots, and <br />prior to the City's approval of the deeds ofconvey- ance in those cases where the subdivision will <br />result in three (3) or fewer lots. Where there is a <br />subdivision of proprty which as an existing resi- dt ntial :ac! rtg, ro -orf ded cat ar ea shFn be <br />required for the existing dwelling unit. <br />F. Park and Open Space Fund. Cash contri- butions received pursuant to this Regulation shall <br />be placed in a separate fund by the City and usedonlyforparks, playgrounds, trails or open space <br />purposes. <br />Section 401.450. Lands Designated for Pub- <br />lic Use on Comprehensive Plan or Official Maps. <br />Where all or a portion of the area included in a <br />proposed subdivision has been designated as a <br />park, playground, recreational area, proposed <br />school site, or other public ground in the City'sComprehensivePlanorinanOfficialMapadopted <br />pursuant thereto, the subdivider shall notify theappropriategovernmentalunitoftheproposed <br />subdivision of the property. The notice shall be <br />given prior to submittal of the development appli- <br />cation to the City of Lake Elmo. Prior to the City's <br />review of the preliminary plat, the subdivider shall <br />advise the City in writing of the status of the <br />negotiations regarding such designated area. <br />The Lake Elmo City Council hereby ordainsthatSections401.400(F) (1) through 401.400(F)(3), <br />401.400(G) through 401.400(H), 401.400(1) and <br />its subdivisions, and 401.400(J) and its subdivi- <br />sions of the Lake Elmo City Code are herebyrepealed. <br />Effective Date. This ordinance shall be ef- <br />fective the day following its publication. <br />Adoption Date. Passed by the City CounciloftheCityofLakeElmothe4thdayofJune,1991. <br />David Johnson, Mayor <br />ATTEST: <br />Mary Kueffner, City Administrator <br />Published in the St. Croix Valley Press June 19, <br />1991
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