2026.07.06 ORD 2026-549 Replace Zoning and Land Use Ordinance

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Created: 2025-05-22 16:40:54 [EST] (Supp. No. 36) Page 184 of 198 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) Sec. 90-325. Sealcoat fee. In order to be considered complete and constructed to city standards, all public roads built as part of a land development plan shall receive crackfilling and sealcoating within five to seven years after their construction. The city shall collect a fee as part of all land development plans to pay for the city providing this service. Such fee is to be determined by the city engineer based on the estimated cost of providing the service to the development in accordance with rates established by the city council. (Prior Code, § 1215-050.1) Sec. 90-326. Snowplowing fee. Where a proposed public street has been constructed but not accepted by the city for operation and maintenance, and public snowplowing services are required to allow for development and use of the property, the city shall charge land developers a fee for snowplowing services. Such fee is to be determined by the city engineer based on the estimated cost of providing the service to the development in accordance with rates established by the city council. (Prior Code, § 1215-060.1) Sec. 90-327. Stormwater management. All land development activities shall make provision for the adequate management of stormwater generated on the site. To be considered adequate, stormwater management must be approved by the city engineer and include: limiting the discharge of stormwater downstream to a rate not to exceed that existing prior to development, the treatment of stormwater discharged to national urban runoff protection program (NURP) standards, and the limitation of runoff volumes to the greatest extent practical. Where the property being developed is located all or partially within an established regional stormwater management district of the city, the