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STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 281 AN ORDINAFICE RELATING TO PUBUC USE DEDICATIONS The Ardsn Nllls CNy Councq hereby adelns that ~ Sectlons 22-9, 22-9(a), 22-8(b), and 22-9(b)(1l through and Ineludlhg 22-9(b)(6) of tha Arden Hllls Nlunfcipal Code, a?e hsrebY amended to reed as tollows: Section 22-9. PubNC U8e Dedleatlons. (a) Streets, Utllkles end Sto?m Water. The developer of e parcel of land shall dediCete to Ihe public ell streets, sew9rs, electric, gas, arW water faCilities; storm water drainaga and holding ponds; and similar utilities antl improvemerns, as reasonably required Gy tbe City Council, in order to integrate the proposed development with the Ciry's current and anticipated utiliry systems. The area to be dedicated lor public use shall be delineated on the proposed plat or othervvise conveyed by easement ]o the Ciry prior to the issuance of any development permits. (b) Recreatlon and Conservetlon. Based upon a review of its Comprehensive Plan and utilNy systems, the Gity Council has determined that all development of proparty within the City will place a greater demand on the City's need to acquire land tor parks, playgiourxfs, trails, wetlands or open space if the Ci- ty's physical environment is to be preserved and enhanced. 7herefore, in addition to the dedications re- quired by Section 22-9(a), the developer of a parcel of lend shall dedicate to the public for use as parks, , playgrounds, trails, wetlands or open space, a reasoneble percentage of the tract to be developed. In determining the percentage of detlicaiion, ihe City Council shall take into consitferation the amount of open spac9, park, recreatlonal or commons areas and faCilities which the developer has designed into the pro- pased development for use by occupants of the development. The Ciry Council she0 be guided by ihe following criteria in establishing a particular percentage dedication requirement: (t) ResldeMlal Projects. Gross Density In Pereentage Dwelling Untts per Acre Dedication Oto2 6% Over 2 to 3 7°h - Over 3 t0 4 8% . In excess of 4 - 10% . . (2) Non-Resitlentlal Projects w CombinaNOn pesidentlal and Commerclal Prolects. The percen- tage of dedication for non-residentiai projects or com- pination residential/commercial proJeds shall not ex- ~ ceed 10°rb. - (3)Dellneatfon o1 Area to be Detllcated. The area - to be dedicated for recreation and sonservation uses shall be delineeted on the proposed plat or otherwise conveyed by easement tn the Cily Prior to the issuence of any development permits. (4)Cash in Lisu ol Dedlcation. In lieu of the tledica- tion of land for recreational and conservation purposes; the City Council may require the developer t0 pay to the City, as an equivalent contribulion, an amount in cash equal to the percentage of ihe land required to - be dedicated, muttiQlied by the fak market value. of the property at the time of final approval of the develop- ment application. The fair market value of the proper- ty shall be determined by reference to current appraisal data or sales information. When appraisal data is utiliz- ed, the developer shall reimburseYhe Ciry for the cost of the appraisal prior to the issuanCe of any tlevelop- ment permits. (5)lnstallment Peyment. The Ciry Council, at ds op- tion, may permit the developer to submit 2l3rds of ihe cash equivalency payment over a periotl of time pur- suant ro an Installment Payment Agreement approved by the City's attorney. The Agreement shall require the payment of interest on ihe unpaid prtncipal; shall re- ~ quire final payment within eighteen (18) months; and shali require security for the unpaid principal partion thereof, The City may withhold developmeM or building permits tor any portion of the project it the developer does not comply with the terms of the Installment Pay- ment Agreement. (6) Restdction of Use of Cash Contributions. All cash contribuiions received by the City pursuant to this provisian shall be placed in a special fund and used only tor the acquisition of land for parks, playgrounds, trails, wetlands or open space; for development of ex- isting parks, playgrounds, trails, wetlands or open space areas; or tOr debt retirement in connection with land previously acquired for such purposes. The Arden Hills City Couneil hereby ordains that SecGona 22-5(d)(7) and 22-9(b)(7) of the Arden Hills ' Municipal Code are hereby repealed. Effective Date. This ordinance shall he etFective the day following its publication. Adoption Date. Passed by the City Council of the Ciry o( Arden Hills-the, 13th of May, 7991. /s! Thomas Sather AAsya A7TEST: /s/ Oary R. Berger Administrator (Bulletiw May 22, 1991)