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space; and the recommendations of the City's Parks Commission. The following prope1iies shall <br />not be accepted for park land dedications: <br />(1) Land dedicated or obtained as easements for sh·eets, sewer, elechical, gas, stonn water <br />drainage and retention areas, or other similar utilities and improvements; <br />(2) Land which is unusable or of limited use; and/or <br />(3) Land within a protected wetland or within a flood plain area unless the Council <br />detennines that all of the following criteria are satisfied: <br />(a) Would be in the best interests of the general public; <br />(b) Would be valuable resource for environmental preservation, educational, or habitat <br />preservation purposes; <br />( c) Has an exceptional aesthetic value; and <br />(d) Would not become financially burdensome to the City as a result of maintenance or <br />preservation requirements. <br />(D) Trails. Trails constructed by a subdivider within dedicated public open space having at <br />least 30 feet of w idth are eligible for park credit. The maximum amount of h·ail dedication credit <br />shall not exceed 25% of the total dedication. <br />(E) Cash contribution in lieu of land dedication -residential subdivisions larger than three lots. <br />In lieu of the land dedication for major subdivisions, the City may elect to require the subdivider <br />to contribute a cash equivalent payment to the City's Park and Open Space Fund, or may require <br />the developer to satisfy the park land dedication requirement by a combination of land and cash <br />conhibution. For all major subdivisions, the required cash equivalent payment shall be an <br />amount equal to the fair market value of the percentage land dedication for the zoning disti·ict in <br />which the subdivided prope1iy is located. The City shall detennine the fair market value of the <br />land by reference to current market data, if available, or by obtaining an appraisal from a <br />licensed real estate appraiser; the subdivider shall pay for the cost of the appraisal. The fair <br />market value determination of the appraiser shall be conclusive. <br />(F) Cash contribution in lieu of land dedication. -min.or residential subdivisions and <br />commercial development. Required cash equivalent payments for minor subdivisions or for <br />commercial development projects shall be as determined from time to time by Council <br />resolution. <br />(G) Payment of cash contribution. Cash conhibution payments shall be made to the City prior <br />to final plat approval for commercial developments or major subdivisions, or prior to the City's <br />approval of the deeds of conveyance in those cases where a residential subdivision will result in <br />3 or fewer lots. <br />(H) Previously subdivided prope1iy from which a park dedication or cash in lieu contribution <br />has been received, upon resubdivision with the same number of lots, is exempt from park <br />dedication requirements. If, as a result of the resubdivision of the property, the number oflots is <br />increased, the park dedication or cash in lieu contribution shall be applied only to the net <br />increase in the number of lots. <br />30