Sec. 69.511. - Parkland dedication.
(a) Parkland dedication requirements. Pursuant to Minn. Stats. § 462.358, Subd. 2, as amended and as otherwise provided below, for platting of land for residential, commercial, or industrial development, a reasonable portion of the buildable land may be required to be dedicated or conveyed to the city on a one-time basis, prior to or at the same time as recording the final plat, for public use for parks, playgrounds, recreation facilities, trails, wetlands, or open space needed as a result of the plat, to a maximum of nine (9) percent of the total acreage of new lots that are being created for new residential or mixed-use development and to a maximum of four (4) percent of the total acreage of new lots that are being created for new commercial or industrial development. Land so dedicated shall be within the plat and/or, subject to agreement by the city council and the subdividers, in close proximity to the plat.
The city council shall determine the amount, location, and configuration of any land dedicated, taking into consideration the suitability and adaptability of the land for its intended purpose, future needs of the proposed development, and the following criteria:
(1) The parkland standards in section 63.702 for future development of the plat, and whether the development will be under-served by parks due to distance to existing parks, population density, or inadequate size of existing nearby parks;
(2) Conformance with the city's adopted comprehensive plan and development or project plans for sub-areas of the city, and areas identified for park or open space in an adopted city, regional, state, or national plan;
(3) Areas that connect existing components of the open space network;
(4) Areas adjacent to existing public parks, trails, or open space;
(5) Areas representing significant landforms, native plant communities, sensitive habitat, or historical events;
(6) Areas containing vegetation identified as endangered or threatened, or that provide habitat for animals identified as endangered, threatened, or of special concern under 15 U.S.C. § 1531 et seq. or Minn. Stats. § 84.0895, and rules adopted under these respective laws;
(7) Availability and commitment of resources, public and/or private, to develop, operate, and maintain the new park land;
(8) Land to be dedicated shall be large enough for its intended purpose;
(9) Land dedicated solely for roadway, stormwater retention, or utility purposes, or otherwise unsuitable for the purposes listed above, shall not be accepted;
(10) Dedicated land shall be accessible to the public served unless the city council determines that the dedicated land is an environmentally or ecologically sensitive area for which public access would be detrimental.
(b) One-time basis of parkland dedication requirements. Once parkland has been dedicated or conveyed to the city under this section to meet the needs for parkland created by the plat, there shall be no further parkland dedication requirement under section 63.701 at the time of building permits. If the property is later re-platted, or if a requirement for parkland dedication or a fee in lieu has previously been imposed at the time of building permits, the amount of parkland to be dedicated shall be based on the area of new lots and additional development for which parkland dedication or a fee in lieu has not previously been required. Residential/mixed-use projects having previously dedicated land or paid a fee in lieu of land at the time of platting prior to the effective date of this section shall be required to pay the parkland dedication fee at the time of building permits under section 63.701 less the prorated value of the land dedicated or the fee in lieu of land paid at the time of platting.
(c) Parkland dedication option; private land maintained for public use. The city council may, at its discretion, waive all or a portion of the land dedication required under subdivision (a) of this section and enter into an agreement for the private development and/or maintenance of land for public use for parks, playgrounds, recreation facilities, wetlands, trails, or open space within the proposed plat, subject to the following conditions:
(1) The land area or value of the land and improvements privately developed and maintained for public use for parks, playgrounds, trails, open space, or conservation purposes must at least equal that required under this ordinance.
(2) Land, facilities, and improvements accepted under this provision shall be accessible to the public in a manner similar to public land.
(3) The city council must find, after recommendation of the director of parks and recreation and the parks commission, that such land and improvements will serve the purposes listed in subdivision (a) of this section.
(4) The city and the owners, subdividers, or developers of the land must have executed a parkland development agreement insuring that specified land shall be developed and maintained by the owners, subdividers, or developers, and any and all successors in interest thereof, of any type whatsoever, which includes, but is not limited to heirs and assigns, for the purposes listed in subdivision (a) of this section. The owners, subdividers, or developers must include a covenant running with the specified land indicating that the land to be developed and maintained for the purposes listed in subdivision (a) will revert to the city in the event of a failure to comply with this requirement. When a recordable covenant concerning the ownership, maintenance or use of private areas and facilities for parkland development is required, the covenant shall be submitted to the city for approval. Such covenant shall be recorded prior to or at the same time as the final plat when related to requirements under subdivision (a) of this section.
(d) Parkland dedication; conveyance standards. Prior to dedication and conveyance of the required property to the city, the owners, subdividers or developers shall provide the city with an acceptable abstract of title or registered property abstract for all land dedicated for park purposes, evidencing good and marketable title without liens or encumbrances of any kind except those encumbrances which the city council has approved or required in connection with the proposed plat. The foregoing abstracts shall otherwise evidence good and marketable title free and clear of any mortgages, liens, encumbrances, assessments and taxes. For any dedication of land required under subdivision (a) of this section that is not formally dedicated to the city with the final plat, the landowner shall record all deeds for conveyance of the property to the city prior to or at the same time as recording the final plat.
(C.F. No. 06-1047, § 1, 3-28-07; Ord 15-27, § 3, 8-26-15)