Loading...
HomeMy WebLinkAboutNo 921 Amendment Concerning the City Park Dedication by Developers ORDINANCE NO. 921 AN ORDINANCE AMENDMENT CONCERNING THE CITY PARK DEDICATION BY DEVELOPERS The Maplewood City Council approves the following revisionto the Maplewood Code of Ordinances. Chapter 26. Section 26-126 thru 130 of the Maplewood Code of Ordinancesis hereby amended as follows: Sec. 26-126–Purpose and intent. The purposes and intent of this division are to ensure the citizens of the city that additional open space for parks, playgrounds and recreation facilities will be the responsibility of every sort of development in the city, not just residential development, so that the city’s vast amount of privately owned open spaces with potential for development are partially available for orderly park, recreationaland openspace development ; to ensure that, in fact, such facilities will be provided; and to preserve, enhance and improve the qualityof the physical environment of the city for commercial and industrial uses or a combination thereof, regardless of whether such developments or subdivisions are within the context of chapter 34, which pertains to subdivisions. Sec, 26-127 Required dedications generally. The developer of any tract of land in the city which is to be developed or redeveloped for commercial, residential, governmental, institutional, or industrial or like uses shall dedicate to the public, for public use as parks, playgrounds or public open space, such portion of his development tract equal to 9 percent, with such rateto be reviewed annually in December. The percentage of the development tract to be so dedicated may be amended by resolution of the council. Sec. 26-128 Delineation of dedicated area on preliminary plat or site plan. The actual area to be dedicated for public use as parks, playgrounds or public openspace pursuant to this division shall be delineated on the preliminary plat or site plan by the developer. Such plat or site plan shall be referred to the park and recreation commission for its scrutiny and report to the city council of its findings, conclusions and recommendations, with this referral being in addition to any other referral to other commissions or committees. Sec. 26-129 Revision of dedication If the city council, after receiving the reportsofthe park and recreation commission and the planning commission, shall determine that such area delineated by the developer pursuant to section 26-128 is unsuitable for such purposes, it may require the subdivider or developer to relocate or rearrange sucharea or to make such changes or revisions of the proposed dedication as it deems necessary; reasonable; and in the interests of the health, safety, general welfare and convenience of the city. Sec. 26-130 Cash in lieu of dedication. (a) The term “undeveloped land value,” as used in this section, shall be the market value of the subject land at the time of the application, and to be determined by the city council in its reasonable discretion. As a basis for its decision, the council may request anappraisal at the expense of the subdivider or developer for the purposes of determining such value. Such additional appraisal shall be obtained, if the council deems it advisable, from an appraiser selected by the council. Thereafter, the council, with the aid of both appraisals, shall determine the “undeveloped land value.” (b) In lieu of the dedication of land required forthe purposes enumerated in this division, the city council may require the subdivider or developer to paytothe city, as an equivalent contribution, an amount in cash equal to the product of the percentage of land required to be dedicated, multiplied be the undeveloped land value of the tract to be subdivided,developed or redeveloped. Such cash payments shall be made to the city prior to the issuance of a building permit. (c) All cash contributions received by the city pursuant to this division shall be placed in a special fund and used only for the acquisition of land for parks, playgrounds, public openspace or the development of existing parks and playground sites, public open spaceand debt retirement in connection with land previously acquired for such public purposes. (d) In cases of redevelopment, credit towards the park dedication due for such redevelopment shall be given for the actual amount of previous park dedication satisfied for the lots proposed. (e) In the event that park dedication was previously satisfied for a larger land area than the lot or lots currently proposed for development, the previously satisfied park dedication amount shall be prorated on a per square foot basis to the lot or lots currently proposed for development. (f) While credits may fully satisfy park dedication due, credits shall not result in refunds of park dedication previously paid. The Maplewood City Council approved this ordinance on May 14, 2012.