FINAL ORDINANCE NO. 08-072 - Laserfiche WebLink

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(B) Land title. Public land dedications, which are not dedicated to the city on. a plat, shall be conveyed to the city by warranty deed free and clear of all liens or encumbrances. The subdivider shall provide proof of title, in a form acceptable to the city, prior to the conveyance of the property, (C) Land acceptability. The city must approve the location and configuration of any park land which is proposed for dedication and shall take into consideration the suitability of the land and for its intended purpose; the future needs of the city for parks, playgrounds, trails, or open space; and the recommendations of the city's Parks Commission. The following properties shall not be accepted for park land dedications: (1) Land dedicated or obtained as easements for streets, sewer, electrical, gas, storm water drainage and retention areas, or other similar utilities and improvements; (2) Land which is unusable or of limited use; and/or (3) Land within a protected wetland or within a flood plain area, unless the Council determines that all of the following criteria are satisfied: (a) Would be in the best interests of the general public; (b) Would be valuable resource for environmental preservation, educational, or habitat preservation purposes; (c) Has an exceptional aesthetic value; and (d) Would not become financially burdensome to the city as a result of maintenance or preservation requirements. (D) Cash Contribution in Lieu of Land Dedication —Residential Subdivisions Larger than Three Lots. In lieu of the land dedication for residential subdivisions larger than three lots, the city may elect to require the subdivider to contribute a cash equivalent payment to the cty's Park and Open Space Fund, or may require the developer to satisfy the park land dedication requirement by a combination of land and cash. contribution. For all residential subdivisions of three or more parcels, the required cash equivalent payment shall be an amount equal to the fair market value of the percentage land dedication for the zoning district in which the subdivided property is located. The city shall d.eterinine the fair market value of the land by reference to current market data, if available, or by obtaining an appraisal from a licensed real estate appraiser; the subdivider shall pay for the cost of the appraisal. The fair market value determination of the appraiser shall be conclusive. (E) Cash Contribution in Lieu of Land Dedication — Minor- Residential Subdivisions and Commercial Development. Required cash equivalent payments for residential subdivisions resulting in 3 or fewer parcels or for commercial development projects shall be as determined from time to.time by Council resolution. (F) Payment of cash contribution. Cash contribution payments shall be made to the city prior to final plat approval for commercial developments or residential subdivision of more than three parcels, or prior to the City's approval of the deeds of conveyance in those cases where a.