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Draft Potential yet to be sorted out from a legal and final language 3-30-21 <br />1103.06: PARK DEDICATION: <br />A. Authority: Minnesota Statutes 462.358, subdivisions 2b and 2c permits the <br />City to require dedication of park land, or cash in lieu of land, as part of the <br />subdivision process in order to fulfill its plans for recreational facilities and <br />open spaces. The City Council, at its discretion, will determine whether park <br />dedication is required in the form of land, cash contribution, or a combination <br />of cash and land. To properly use this authority, the City will base its <br />determination on existing development, the need created by the proposed <br />development, and the plans and policies of the City embodied by the Parks and <br />Recreation System Master Plan, Pathways Master Plan, and Comprehensive <br />Plan. <br />B. Condition to Approval: Park dedication will be required as a condition to <br />the approval of any subdivision, plat, replat or lot split of land involving one <br />acre or more and resulting in a net increase of development sites. <br />The Parks and Recreation Commission shall recommend, in accordance with <br />Statute and after consulting the approved plans and policies noted herein, <br />either a portion of land to be dedicated to the public, or in lieu thereof, a cash <br />deposit given to the City to be used for park purposes, or a combination of <br />land and cash deposit. <br /> <br />C. Park Dedication Amount: The portion of land to be dedicated in all <br />residentially zoned areas shall be 10% and 5% in all other areas. Park <br />dedication fees shall be reviewed and determined annually by City Council <br />resolution and established in the fee schedule in Chapter 314 of this Code, and <br />the fee shall be paid as part of the Development Agreement required in Section <br />1102.05 of this Title. <br />D. Utility Dedications Not Qualified: Land dedicated required for pathways, <br />street right-of-way or utilities, including drainage, does not qualify as park <br />dedication.(Ord. 1530, 7/10/2017) <br />FEES <br />Park Dedication fees are set annually by resolution of the City Council as <br />part of the fee schedule. Currently, the amount is set at $4,250 per unit. For <br />non-residential, the fee is calculated as 10% of the fair market value of the <br />property. <br /> <br />