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