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Municode http: //Iibrary.municode. com/print. aspx?h=&cl i entID=143 5 6&HTNMeque... Sec. 90-324. - Park dedication. (a) General dedication standards. In order to develop a system of parks within the community to serve the public's health and recreational needs, a percentage of the net buildable acreage based on the density of all land subdivided for residential purposes shall be dedicated to the city as public parkland. The city finds that the more dense a development is, the more demand for park land it creates since lots can be smaller affording less private recreational space and more occupants per acre. The following formula will be used to determine the dedication requirement where a land dedication is required: Density Percentage of Land to be Dedicated (of the buildable [and) 0-3.99 units per acre 10 percent 4.00-5.99 units per acre 11 percent 6.00-7.99 units per acre 13 percent 8.00-9.99 units per acre 15 percent 10.00 < units per acre 17 percent The land so dedicated shall be subject to approval by the city council in accordance with the city's Comprehensive Plan for parks. At the city council's discretion, a parkland dedication fee may be accepted or required instead of or connection with land dedication. The parkland dedication fee shall be set annually by the city council and adopted as part of the city's fee schedule. The parkland dedication fee shall be charged for each dwelling unit originated by the subdivision or development of any property in the city, not including any dwelling unit that may be in existence at the time of the adoption of the ordinance from which this article is derived, or which is subject to an approved development agreement with the city that includes a parkland dedication provision. (b) Appeal process. The parkland dedication fee may be appealed to the city council before the city council makes a decision on the final plat and shall be calculated as follows: The percentage of land to be dedicated will be multiplied by the fair market value of the net buildable acreage. The fair market value shall be determined by the city council, following their review of a current appraisal submitted to the city at the developer's expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies. If the city receives written notice of a dispute over the parkland dedication fee before approval of the final plat, the developer shall pay the fee into an escrow account pending a decision of an appeal of the fee. If an appeal is not filed within 60 days following approval of the final plat, or if the person aggrieved by the fee does not prevail on the appeal, then the funds paid into escrow must be transferred to the city. (Prior Code, § 1215-040.1; Ord. No. 2010-449, § 1, 11-15-2010) 1 of 1 10/5/2012 2:23 PM