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Sec. 90-324. - Park dedication. <br />(a) General dedication standards. In order to develop a system of parks within the community <br />to serve the public's health and recreational needs, a percentage of the net buildable acreage <br />based on the density of all land subdivided for residential purposes shall be dedicated to the city <br />as public parkland. The city finds that the more dense a development is, the more demand for <br />park land it creates since lots can be smaller affording less private recreational space and more <br />occupants per acre. The following formula will be used to determine the dedication requirement <br />where a land dedication is required: <br />Density <br />Percentage of Land to be Dedicated (of the buildable land) <br />0-3.99 units per acre <br />10 percent <br />4.00-5.99 units per acre <br />11 percent <br />6.00-7.99 units per acre <br />13 percent <br />8.00-9.99 units per acre <br />15 percent <br />10.00 < units per acre <br />17 percent <br />The land so dedicated shall be subject to approval by the city council in accordance with the <br />city's Comprehensive Plan for parks. At the city council's discretion, a parkland dedication fee <br />may be accepted or required instead of or connection with land dedication. The parkland <br />dedication fee shall be set annually by the city council and adopted as part of the city's fee <br />schedule. The parkland dedication fee shall be charged for each dwelling unit originated by the <br />subdivision or development of any property in the city, not including any dwelling unit that may <br />be in existence at the time of the adoption of the ordinance from which this article is derived, or <br />which is subject to an approved development agreement with the city that includes a parkland <br />dedication provision. <br />(b) Appeal process. The parkland dedication fee may be appealed to the city council before the <br />city council makes a decision on the final plat and shall be calculated as follows: The percentage <br />of land to be dedicated will be multiplied by the fair market value of the net buildable acreage. <br />The fair market value shall be determined by the city council, following their review of a current <br />appraisal submitted to the city at the developer's expense. The appraisal shall be made by <br />appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal <br />societies. <br />If the city receives written notice of a dispute over the parkland dedication fee before approval of <br />the final plat, the developer shall pay the fee into an escrow account pending a decision of an <br />appeal of the fee. If an appeal is not filed within 60 days following approval of the final plat, or if <br />the person aggrieved by the fee does not prevail on the appeal, then the funds paid into escrow <br />must be transferred to the city. <br />Parkland Dedication Fee: Commercial and Industrial: Exempt; Residential: $2,400.00 per unit <br />