§ 32-119. Parkland and public facility dedication

(a) Policy and purpose. The primary purpose of the parkland dedication requirements is to ensure that the need for parkland which arises from new development is provided by the developer as is attributable and in proportion to the demand created by the new development. The primary cost of neighborhood parks should be borne by the landowners of property who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. The applicant shall give consideration to suitable sites for parks, playgrounds and other areas for public use so as to conform with the recommendations of the comprehensive plan, and is a reasonable contribution of land and facilities for those who live and will use parkland in the new development. It is hereby declared by the city council that recreational areas in the form of parks are necessary and are in the interest of the public welfare. The only adequate and reasonable procedure to provide for parks is to integrate the parkland dedication requirement into the procedure for planning and developing property or subdivisions in the city and its ETJ. Any provision for parks and public open space areas shall be indicated on the preliminary and final plat, and shall be subject to approval by the city council.

(b) Parkland dedication required.

(1) Except as provided herein, any person submitting a preliminary or final plat application for development of any area zoned and to be used for single-family, duplex or multifamily residential purposes within the city shall include, on such preliminary and final plat, dedication to the city of land for public park purposes, calculated at the rate of not less than 1½ acres of parkland per 100 ultimate dwelling units of such residential subdivision.

(2) The preliminary and final subdivision plat shall clearly show the area proposed to be dedicated as parkland under the provisions of this section. The final location and size of public parks within the city shall be determined in all instances by the city council. That determination shall be based upon existing circumstances at the time, and shall be in accordance with the park and open space plan adopted by the city.

(3) The applicant has the duty to submit with the subdivision plat for a multifamily residential development information concerning the numbers of dwelling units, and should he fail to do so, the density shall be calculated at the highest density that would be allowed in such multifamily residential district for the purposes of calculating parkland requirements. Deed restrictions or other legal instrument shall be required and submitted as part of the application to ensure that the proposed density shall not be increased up to the maximum allowed in the zoning district.

(4) Exceptions.

a. Replats of real property which have previously satisfied the park requirements in effect at the time of the initial approval and for which no increase in the number of dwelling units are proposed are exempt from the requirements of this section.

b. Applications for property to be used for nonresidential purposes are exempt from the dedication of land for park purposes and shall pay a fee of $1,000.00 per acre, with the minimum of $1,000.00, to be deposited in the park dedication fund, unless the development is subject to an agreement with the city that results in the dedication or payment of fees for purpose of parks or open space. Deed restrictions or other legal instrument shall be required and submitted as part of the application to ensure that the proposed uses are nonresidential.

(c) Standards for dedicated parkland.

(1) The dedicated land required hereby shall be well-drained, relatively level in areas that are proposed for active park uses and suitable for appropriate leisure activities, such as hiking, mountain biking and wildlife observance. However, most areas within the city and its extraterritorial jurisdiction shall be for passive open space enjoyment. All parkland offered for dedication under this section shall meet the requirements for location and for physical land characteristics outlined in the comprehensive plan. Areas having environmentally sensitive ecosystems, attractive views, topographical interest or unique natural features shall be preferred and encouraged for parkland dedication. Areas that are relatively featureless, barren of natural trees and vegetative cover, and that are not physically attractive in some other way, are not acceptable. The city has the sole discretion to determine which land is acceptable for parkland, and may reject any proposed dedication.

(2) Drainage areas may be accepted if the channel is to essentially remain in its natural state, and if any proposed pathways, landscaping, irrigation systems, and other improvements are constructed in accordance with city standards and in keeping with the semi-rural atmosphere of the area. The entire floodplain width must be dedicated to the city and no significant area of the park shall be cut off from access by such channel. If land is dedicated which is in the floodway fringe but not including the floodway, then it shall count as one-half of the requirement as set forth in subsection (b)(1) of this section.

(3) Public park access. The minimum park size acceptable to the city shall be three acres. Parkland shall be easily accessible from a public street for the public and open to public view so as to benefit area residents, enhance the visual character of the city, protect public safety, and minimize conflicts with adjacent land uses. A proposed subdivision adjacent to a public park or open space area shall not be designed to restrict reasonable access into the park. Street and pedestrian access connections between residential neighborhoods shall be provided, wherever possible, to provide reasonable access to parks and open space areas. The final decision on the acceptability of the proposed access and public availability, both physical and visual, of parkland shall be reviewed and approved by the city council. The parkland shall have a minimum of 50 linear feet of frontage on a public street. The parkland dedicated to the city shall not be subject to reservations of record, encumbrances or easements that will interfere with the use of the land for park purposes.

(4) Required improvements to parkland. The following improvements shall be required and/or coordinated with the city prior to acceptance of the dedication by the city:

a. Fences adjacent to public parks. In the event that a proposed development sides or backs upon a proposed public park, a fence of not less than six feet or more than eight feet, in height, constructed of visually open material such as split rail material, but not including chainlink, shall be erected in conjunction with landscaping elements on the property line separating these uses, or other dimension or materials as agreed to by the city, considering the use and topography of the property. In no instance shall barbwire be permitted. The purpose of the screening fence is to provide a visual and protective barrier between the properties. Prior to the construction of the required fence, the owner of the proposed development property shall submit proposed construction materials, plans detailing the design, and estimated construction costs to the city manager for review and submission to the city council to determine cost apportionment as appropriate. The developer shall coordinate with the city manager the construction of the required fence on the property line dividing the public and privately owned property.

b. Paved frontage, curbs and gutters for all required street frontages abutting the outside perimeter of the parkland.

c. Water, wastewater, electrical services and all other utilities connections provided to the remainder of the subdivision shall be provided to the park, as needed and determined by the city council depending on the primary activity proposed on the parkland.

(d) Fee in lieu of parkland dedication.

(1) Applicability. The city, in its sole discretion, may accept a cash payment in lieu of parkland dedication as follows:

a. In instances where the amount of parkland required to be dedicated is three acres or less;

b. The proposed parkland is unacceptable, unavailable or unsuitable for park purposes, and does not otherwise meet the standards stated herein; or

c. If the city accepts a combination of dedicated land and money.

(2) Where the city requires or accepts payment of cash in lieu of the dedication of parkland, such payment shall be in the amount established by the city council per dwelling unit for all residential developments.

(3) All fees shall be paid in the form of a cashier's check or other form acceptable by the city at the time at the request to record the plat.

(4) Fees in lieu of land shall be paid into a "park dedication fund" to be established by the city. All sums deposited to the fund shall be accounted for by the city and expended for such purposes as land acquisition, construction of improvements, and purchase of equipment for the site directly related to the subdivision and its immediate vicinity depositing the funds. The park dedication fund will be administered by the city council to best benefit the development, provided that the establishment of a park site and installation of facilities or improvements shall be within the discretion of the city council.

(5) The money paid by the applicant will be expended or committed for expenditure on such park sites within five years from the date of recording of the final plat. If such funds are not so expended or committed within five years following final plat approval, the property owner upon written request shall be entitled to a refund of such funds, less any amounts expended for such purposes.

(Ord. No. 549, § 10.243, 12-22-2009)