§ 78-106. Dedication prerequisite to final subdivision plat approval.

(a)

No final subdivision plat for any property zoned SF-1, SF-2, D, MF-1, MF-2, MHP, or PD in the city shall be approved unless such plat shall include dedication of land to the city for neighborhood park purposes. Such dedication shall be on the basis of one acre of land per each 150 residential units on the plat, and/or the payment of cash in lieu thereof, as hereinafter provided.

(b)

This dedication requirement is formulated from recent development trends and statistics for urban communities which document this requirement based upon existing housing unit statistics and occupancy statistics per dwelling unit within like communities in the area.

(c)

If the final subdivision plat establishes a specific number of dwelling units (e.g., single family units) upon which a park dedication fee is based, the payment of cash in lieu of a dedication of land shall be authorized and collected at the time of approval of the final subdivision plat.

(d)

If the final subdivision plat does not establish the number of dwelling units (e.g., multi-family units) upon which a park dedication fee is based, the payment of cash in lieu of a dedication of land shall be authorized at the time of approval of the final subdivision plat, and the city shall collect the payment at the time of detailed site plan approval. The amount of payment shall be computed at the time of collection on the basis of the dollar amount per dwelling unit established by the city council pursuant to subsection 78-108(e) and in effect at that time.

(e)

If a replat is filed, the parkland dedication (or payment of cash in lieu of) requirements then in effect shall be applied to the replat. The developer shall be given credit for any park dedication fees already paid.

(Code 1973, § 17-41; Ord. No. O-15-94, § 1, 4-25-94; Ord. No. O-1999-003-15, § 1, 2-8-99)