§ 78-107. Cash in lieu of dedication.

(a)

One acre or less dedication. The city declares that development of a park of less than one acre is impractical and creates unreasonable and unnecessary maintenance and operating expenditures. Therefore, if the proposed subdivision contains less than 150 units, the subdivider shall be required to pay cash in lieu thereof in the amount provided herein. No plat showing a dedication of less than one acre shall be approved unless the dedicated property may reasonably be developed in conjunction with contiguous park property.

(b)

Less than five acres dedication. In instances where an area of less than five acres is required to be dedicated, the city shall have the right to accept the dedication of the area, or to refuse same, and to require payment of cash in lieu thereof in the amount provided herein.

(c)

Cash in lieu of dedication. In instances where it is determined that sufficient neighborhood parkland is already in the public domain within a neighborhood park zone, or that the land proposed to be dedicated is not suitable for the city's park needs, the city shall have the right, in its sole discretion, to refuse the dedication of land and require payment of cash in lieu thereof in the amount provided herein, or to require a combination of land and cash in lieu of land in appropriate amounts as provided herein.

(d)

Request by developer to pay fee or make improvements. Any developer, irrespective of the size of the proposed development, who desires to pay a fee or construct public improvements in lieu of the dedication of parkland may make such a proposal to the city council who may agree to accept the payment of a fee or the construction of improvements in lieu of dedication or some portion thereof.

(e)

Amount of cash payment required. A payment of cash in lieu of a dedication requirement shall be computed on the basis of a certain dollar amount per dwelling unit. Annually during the budget adoption process the city council shall establish a raw acreage acquisition cost figure to be used in calculating park fees. The council shall, after reasonable study and investigation, and based upon the best available information as to land and property values within the community, determine what the cost would be of acquiring one acre of vacant land in a developing area of the community. This figure shall be the raw acreage cost under which all park fees are calculated for the budget year. The amount of the fee per dwelling unit shall thereafter be established by resolution of the city council on an annual basis. The city, at its sole discretion, may establish different fees for different areas of the city.

(Code 1973, § 17-42; Ord. No. O-15-94, § 2, 4-25-94)