HomeMy WebLinkAboutNo 361 Amending the Maplewood Code by Creating Section 211, Which Recognizes the Need for Neighborhood Parks, Establishes Standards and Improvement Guidelines for Such...ORDINANCE NO. 361
AN ORDINANCE AMENDING THE IiAPLEW00D CODE By
CREATING SECTION 2i/, WHICH RECOGNIZES 711E
NEED FOR NEIaMORHOOD PARIS, ESTABLISHES
STANDARDS AND IMPROVEMENT GUIDELINES FOR S1JC11 AND
PROVIDES METHODS OF ACQUISITION AM DEVELOPMENT.
The City Council of Maplewood, Minnesota, does ordain as follows:
Section I. Section 211.010: Findings and Policy Declaration,.
(1� Rapid Community_ Growth:
The City of Maplewood, beim; a suburb of the twin cities metropolitan region,
has been experierc4nS unprecedented and rapid growth with respect to population,
housing and general land development.
(2) Public Facilities Unable to.K2tep Pace with Ca i nity Growth:
The City has been and is developing and constructing public facilities and pro-
viding public services to meet the needs of the cormimity's growtng population,
but these services Ind facilities have been unable to keep pace with the ever
growing need.
(3) Council PolicyConcern for !overall Land Develo,mient:
Faced with a ntunber of major physical, social and fiscal problems caused by this
rapid and unprecedented growth in relation to pari --open space and its develop-
ment within the community and being concerned with existing, as well as, future
overall quality and character, of land development within the City, the City
Council has undertaken a prarram to develop a policy statement which will act
to guide the acquisition and development of neighborhood parks throughout the
City by providing a policy that explains the obligation and requirements that
will be expected of all housing development within the Community.
(4) Policy intention:
It is the intention of the City Council to develop and implement a park -open
space acquisition and development policy which ass, -ns a function of neighbor -
hoed pari: acquisition and development responsibility to all housing dwelling
units.
(5), Reasonableness o ?nliY:
Such policy intent is considered reasonable to protect the public interest and
welfare of the co-murity; and to secure a better totnled planned enviroament for
all neighborhoods throughout- the City; and to establish a viable neighborhood
pari: acquisition and development program that is relative and meaningful to the
people who live thro:,jiout the City.
(6) Polis Clarification:
This policy is intended and designed to focus upon providing a publicly adopted
strategy which will cause all housing developments to bear an obligation to the
acquisition and development of "neighborhood parizs". Such clarification is
needed so as to indicate that the only function and Purpose of which this policy
applies shall be to acquire park space and develop such park areas in such a
manner so as they are solely planned, designed, constructed with facilities, and
programmed with neighborhood services. This Policy application, in no way, applies
to or satisfies for the acquisition and/or development of "Community", "District",
or "Regional" parks. Nor does this policy apply to the maintenance of existing
neighborhood parks or such neighborhoods parks that may be acquired and/or devel-
oped by this policy.
(7) Policy Consistent With Overall Community Development Plansr
It is necessary and consistent with the overall community development plans of
this City to provide Neighborhood Parks and it si further in the interest of the
health, welfare and safety of the people of the City of :,Uplewood that the City
promulgate and establish a Neighborhood Park Acquisition and Development Program;
that such Program is equitable and consistent with the benefits received that the
owners of land, upon which residential dwelling exist or are to be contructed, pay
for a portion of the cost of the acquisition and development of the Neighborhood
Park lands within the City.
II Park Demand and Charge Methodology
(1) Neighborhood Park Acre Demand Formula
This Policy provides that the amount of land space needed for neighborhood Park
purposes shall be based upon, and determined by relating land area to population
resulting from residential developments. For neighborhood park. space purnoses,
the City establishes the standard that there shall be one acre of neighborhood
park land area for each 100 persons of population resulting from residential devel-
opment. In order to determine the Neighborhood Park Acres demanded by any residen-
tial development the following formula is established:
Yo _dwellinr� units Xopulation/dwelling, unit
Acre Demand population standard of 100
(2) Dwelling Unit Park Charge Formula
For purposes of determining each dwelling unit's nark charge responsibility for
both acquisition and development the following formula is established:
AC+ DC 1
Park Charge/Dwelling Unit - An 2
DTI
"AD" is the acre demand of park land space required as a result of the formula
established which relates development population to neighborhood park space demand.
"AC" is the estimated average cost of land per acre for park purposes. This figure
is based upon an estimated average cost to acquire an acre of land for neighborhood
park purposes. This estimate recognizes that the costs rill vary erectly in dif-
ferent areas of. the City. Thus an average was arrived at which allows for feasibil-
ity in increases in land costs.
"DC" is one-half the estimated average cost for park development per acre for
neighborhood park purposes. This figure represents 50- of the average type of
neighborhood park development that the Village wants reflected in dollar amounts
per acre.
- 2 -
"DU" respresents the number of dwelling units proposed in any development which
this charge would be applicable.
(3) Population/Dwelling Unit Determination
This policy provides a population per dwelling unit table in order that the Acre
Demand Formula may be converted and utilized in determining each dwelling unit's
neighborhood pari: charge. The following table is established as the basis for
computing and calculating the population for the type of dwelling unit listed:
Dwelling Unit Type
Single Family detached dwelling
Double Family attached dwelling
11obile Home dwelling unit
Multiple Dwelling (3 or more dwelling units
occupying independent floor levels)
Efficiency Dwelling
1 bedroom dwellin,
2 bedroom dwelling
3 bedroom dwelling
4 bedroom dwelling
Townhouse dwelling (3 or more dwelling
units attached or not occupying
independent floor levels)
1 bedroom dwelling
2 bedroom dwelling
3 bedroom dwelling
. bedroom dwelling
III Joint Agency Development
7ersons/Unit
4.1/unit
4.1/unit
2.5/unit
1.1/unit
1.4/unit
2.5/unit
3.3/unit
4/unit
2/unit
3.3/unit
4/unit
4.2/unit
In order to maximize the total available resources within each neighborhood in terms
of space, facilities, and development this Neighborhood Park policy encourages and
takes into considgration the potential of joint development of neighborhood park and
recreation facilities which may tal=e place between the City and other park agencies,
schools, churches, etc., so that the size of the joint development will be less, than
if separate sites were developed by each. The facilities included, will represent
the functional needs of each agency. The intent of Toint Development is to shtisfy
one of the following requirements: to avoid duplication of facilities (unless exist-
ing facilities are over used), coordinate services, and/or deminish the land needs of
each agency.
IV Financial Policies to Implement Neighborhood Park Poli
(1) Time Neighborhood Par::_ Charges Due:
Charges for neighborhood par':, acquisition and/or development as applied to re-
sidential developments should be made in the case of new developments at the time
of building permit issuance.
(2) Securities Required:
- 3 -
The charges shall be based upon the formula method outlined in Section II
of this policy document and securities in this amount guaranteeing such
shall be made at the time of building, permit issuance.
(3) fey_ a of Securities Acceytablei
Securities to cover these charges in the case of new residential dwellings
shall be in the fora of cash or cashiers check, at the time of building
permit issuance.
(4) Assessment Guidelines:
If neighborhood parks are needed they may be acquired and developed and as-
sessed through the assessment program as outlined under the assessment policies
of this City.
(5) Establishment of Park Acquisition and Development Fund:
The City Manager is hereby authorized to establish a Neighborhood Park
Acquisition and Development Fund. The purpose of such fund shall be to:
1 -Account for monies received on each dwelling unit park charge;
2 -Act as the fund from which neighborhood park land acquisition and
development shall be disbursed;
3 -Account for public participation monies received for each dwelling
unit park charge.
(6) Disposition of Park Acquisition and Development Funds:
It is the intention of this ordinance that whenever possible and reasonable,
but not mandatory funds collected from developers and/or residences of any
particular development or particular neighborhood should be, designated and used
to serve that particular neighborhood.
(7) Gifts and/or Donations:
Land offered as a gift or donation for neighborhood park but not related to
any specific development project may only be accepted when such gift or
donation of land conforms to one of the followinn:
1 -Such donation or gift of land is not provided as a means to defray the
costs of an existing or future neighborhood park charge. ?[awever, the City
may accept gift or donation lands if they are within an area designated
neighborhood park site area.
2 -Such donations or land gifts should not be less than one acre in size.
3 -If such donation or land Rift is to defray the costs of an existing or
future neighborhood pari: charge, then such should be accepted only under
the following conditions:
a. Such land or lands must be within an area designated for a neighborhood
park.
b. Financial arrangements must be made either in the form of cast; or
additional lands in accordance with this policy.
- 4 -
�(8)"_iesntiahla Services-ln_Rinc;
Vhere land is available and development plans adopted, neighborhood park
charge for facilities may be accepted in the form of services -in-kind
rendered by the developer through his contractors. Such services might
include gradin,,, landscaping, installation of utilities, or ther services
essential to implementation of the rnrlr plan. Rcrvices-in-kind nerformed
by the developer or his representatives in lieu of the neighborhood park
charge shall be equal to the calculated neighborhood park charge and shall
he approved by the City t'rrouph negotiation.
(9) '1 iFh:nrhoocl Parr Joint_ e_v_elopment ,:ncouraged
The City actively endorses the coordination of neiohborhooc part, 1cquisition
and development with other groups and agencies, such as other ,governmental
:grits, churches, schools, and public interest croups. Sack coordinated
activities may l!e able to lower neighborhood park costs through grants,
leases, Soinino usage, ,,ifts and, also strengthen neighborhood identity
and community particiration.
(10) Annual Resolution Stating Aversfie Acre Acouisition and Development Costs:_
The City Council at it's first regular meeting, of each c_nlen<!ar year shall
act to aeopt, by resolution, the .nvorage acre acquisition cost and the
avarase acre development cost for neighborhood parks throughout the City.
Only �'J.4 of development cost will h:sve to be financed ly other 'means. These
annual cost determinations shall be used for calrailatinq each dwelling unit's
neighborhood pari: charge for the ensuing year.
The method of utilizin- an nnnnal resolution ie. hase3 upon the following
reasons!
I T e resolution -Wore closely relates to the actisal costs to acquire lanes
necessary and meet half of the dcvelo..mmpnt cost of each acre of land.
2 -The r�+sollution allows for greater flexibility to account for increases
in actual neighborhool park costs which can then he Incorporated into the
nei&hborhood park charge formula.
V Validi�
Subsections and provision of this Oa dinance are deemed to be severable and should
any such item be declared unconstitutional or invalid by court of competent
jurisdiction, said determination shall not effect the validity of this ordinance
as a whole or any part thereof other than the part so declared unconstitutional
or invalid.
VI Adoption and Zanlementation of tieilrhhorh<±od Park Charav Ordinance
(1) Policy, Effective Immediately Upon Adoption:
The Village shall impose such policy inmiadiately upon adoption and itn
effects shall be bindin^ upon all new housing units issuer! building per, -
wits and/or new mobile home spaces isaved buiidino permits.
(2) Neighborhood Park Cost Charged at Time of Building rernit_ Tssuance:
All housing units or mobile home spaces constructed hereafter, shall., at
the time of building permit issuance, be charged a "Neighborhood Park
Charge."
(3) Those new housing units to be built in sub -divisions which have been
platted and dedicated acceptable public park land as part of the plat
shall be given credit to the extent of land dedicated and/or cash paid
on a pro rata basis.
Section 2. This ordinance shall take effect upon passage and publication.
Passed by the City Council of
the City of Maplewood, Minnesota,
this 4th day of April, 1974.
Attest:
541
Ayes - 3
Nava - 2
ORDINANCE N0. 361
AN ORDINANCE WHICH RECOGNIZES THE NEED
FOR NEIGHBORHOOD PARKS, ESTABLISHES
STANES
FOR DDS ANDH AND PROVIDES METHODSGUIDELOF
SUCH OF
ACQUISITION AND DEVELOPMENT.
The City Council of Maplewood, Minnesota, does
ordain as follows:
Section 1. Findings and Policy Declaration
(1) Rapid Community Growth:
The City of Maplewood, being a suburb of the twin
cities metropolitan region, has been experiencing urn
precedented and rapid growth with respect to
population, housing and general land development.
(2) Public Facilities Unable to Keep Pace with
community Growth:
The City has been and Is developing and constructing
public facilities and providing public services attonmeet
the needs of the community's growing pop
these services and facilities have been unable to keep
pace with the ever growing need.
(3) Council Policy Concern for Overall Land
Development:
Faced with a number of major physical, social and
fiscal problems caused by this rapid and unprecedented
growth in relation to parkopenspace and its
development within the community and being con-
cerned with existing, as well as, future overall quality
and character of land development within the City, the
City Council has undertaken a program to develop a
policy statement which will act to guide the acquisition
and development of neighborhood parks throughout the
City by providing a policy that explains the obligation
and requirements that will be expected of all housing
development within the Community
(4) Policy Intention:
It is the intention of the City Council to develop and
implement a park -open space acquisition and
development policy which assigns a function of neigh-
borhood park acquisition and development respon.
sibility to all housing dwelling units.
(5) Reasonableness of Policy:
Such policy intent is considered reasonable to protect
the public interest and welfare of the community; and to
secure a better totaled planned environment for all
neighborhoods throughout the City: and to establish a
viable neighborhood park acquisition and development
program that is relative and meaningful to the people
who live throughout the City.
(6) Policy Clarification:
This policy is intended and designed to focus upon
providing a publicly adopted strategy which will cause
all housing developments to bear an obligation to the
acquisition and development of "neighborhood parks."
Such clarification is needed so as to indicate that the
only function and purpose of which this policy applies
shall be to acquire park space and develop such park
areas in such a manner so as they are solely planned,
designed, constructed with facilities, and programmed
with neighborhood services. This policy application, in
no way, applies to or satisfies for the acquisition and -or
development of "Community," "District," or
'Regional" parks. Nor does this policy apply to the
maintenance of existing neighborhood parks or such
neighborhoods parks that may be acquired and -or
deveinnnrl by this Policy.
AFFIDAVIT OF PUBLICATION
State of 'Min oom 1
County of Ramsey
N77 J}
. Theo. Lillie
.................................................................n.................1... '.1...., being duly sworn, on oath says
he is and during all the times herein stated has been the .........?'!..S.at st ... b.jjS.her ......... . ............
.................................................... publisher and printer of the newspaper known as Maplewood Review,
and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week.
(3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com-
munity which it purports to serve and does not wholly duplicate any other publication and is not made
up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near
the municipality which it purports to serve, has at least 500 copies regularly delivered to paying
subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than
three months in arrears and has entry as second-class matter in its local oust -office. (5) Said newspaper
purports to serve the Village of Maplewood in the County of Ramsey and it has its known office
of issue in the Village of North St. Paul in said county, established and open during its regular
business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the publisher of said newspaper or persons in his employ and subject to his direction and
control during all such regular business hours at which said newspaper is printed. (6) Said news-
paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has
complied with all the foregoing conditions for at least two years preceding the day or dates of publi-
cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed by the Secretary
of State and signed by the publisher and sworn to before a notary public stating that the newspaper is
a legal newspaper. �61
He further states on oath that the printed ..........Ordinanc.e NOo
...
....................
......................................
.......... .... ................... ......... hereto attached as a part hereof was cut from the columns
of said newspaper, and was printed and published therein in the English language, once each week, for
.............. Q:Rd...... ................ successiveweeks; that Itwas first sopublished onWednesday the j.7-th....
day of ............. April ............................................ of 19. 74nd was thereafter printed and pub -
fished on every Wednesday to and including Wednesday the .............. ... day of ....................................
.......... . ........ ................ 19.... and that the following is a printed copy of the lower case alphabet
from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghilklmnopgrstuvwxyz
Subscribed and sworn to before me this ...
. .. .. I !rhday of ... Apr.1l.............. ...................... 19.1.4
. .
..93';
. ..1/[/ ..............
EEATRiCE S. E ;C
Notary public, .......... ...: C inty, Minnesota
Nti4�ry Pu6Gc; Rai. sey County, ii✓;i i; i.
My Commission Expires MK.Commission•ExpiFes• Sep#:•6;•?-9749. -
V (7) Policy Consistent With Overall Community
Development Plans:
It is necessary and consistent with the overall com-
munity development plans of this City to provide Neigh-
borhood Parks and it is further in the interest of the
health, welfare and safety of the people of the City of
Maplewood that the City promulgate and establish a
Neighborhood Park Acquisition and Development
Program, that such program is equitable and corn
sistent with the benefits received that the owners of
land, upon which residential dwelling exist or are to be
constructed, pay for a portion of the cost of the
acquisition and development of the Neighborhood Park
lands within the City
-
II Park Demand and Charge Methodology
(1) Neighborhood Park Acre Demand Formula
This policy provides that the amount of land space
needed for neighborhood park purposes shall be based
upon and determined by relating land area to population
resulting from residential developments. For neigh
borhood park space purposes, the City establishes the
standard that there shall be one acre of neighborhood
park land area for each 100 persons of population
resulting from residential development. In order to
determine the Neighborhood Park Acres demanded by
any residential development the following formula is
established
Acre Demand equals No. dwelling units X population -
dwelling unit divided by population standard of 100.
(2) Dwelling Unit Park Charge Formula
For purposes of determining each dwelling unit's
park charge responsibility for both acquisition and
development the following formula is established:
OC
AC+—
Park Charge equals AD 2
Dwelling Unit DU
"AD" is the acre demand of park land space required
as a result of the formula established which relates
,lopment population to neighborhood park space
no.
is the estimated average cost of land per acre
fur park purposes. This figure is based upon an
estimated average cost to acquire an acre of land for
neighborhood park purposes. This estimate recognizes
that the costs will vary greatly in different areas of the
City. Thus an average was arrived at which allows for
feasibility in increases in land costs.
"DC" is One half the estimated average cost for park
development per acre for neighborhood park purposes.
This figure represents 50 percent of the average type of
neighborhood park development that the Village wants
reflected in dollar amounts per acre.
"DU" represents the number of dwelling units
proposed in any development which this charge would
be applicable.
(3) Population. Dwell ing Unit Determination
This policy provides a population per dwelling unit
table in order that the Acre Demand Formula may be
converted and utilized in determining each dwelling
unit's neighborhood park charge. The following table
is established as the basis for computing and calcu.
lating the population for the type of dwelling unit listed:
Dwelling Unit Type Persons -Unit
Single Family detached dwelling 4.1 unit
Double Family attached dwelling 4.1 unit
Mobile Homedwelling unit 2.5 -unit
Multiple Dwelling (3 or more
dwelling units occupying independent
floor levels)
Efficiency Dwelling 1.1 -unit
1 bedroom dwelling 1.4 -unit
2 bedroom dwelling 2.5 -unit
3 bedroom dwelling 3.3 -unit
4 bedroom dwelling 4 -unit
Townhouse dwelling (3 or more
dwelling units attached or not occupying
independent floor levels)
1 bedroom dwelling 2 -unit
2 bedroom dwelling 3.3 -unit
3 bedroom dwelling 4 -unit
4 bedroom dwelling 4.2 -unit
illJoint Agency Deveropmeni
In order to maximize the total available resources
within each neighborhood in terms of space, facilities,
and development this Neighborhood Park policy en.
courages and takes into consideration the potential of
joint development of neighborhood park and recreation
facilities which may take oface between the City and
other park agencies, schools, churches, etc., so that the
size of the joint development will be less, than if
separate sites were developed by each. The facilities
included, will represent the functional needs of each
agency. The irAent of Joint Development is to satisfy
one of the following requirements. to avoid duplication
of facilities (unless existing facilities are over used),
coordinate services, and -or deminish the land needs of
each agency.
IV Financial Policies to Implement Neighborhood Park
Policy
(1) Time Neighborhood Park Charges Due:
Charges for neighborhood park acquisition and -or
development as applied to residential developments
should be made in the case of new developments at the
time of building permit issuance.
(2) Securities Required:
The charges shall be based upon the formula method
outlined in Section II of this policy document and
securities in this amount guaranteeing such shall be
made at the time of building permit issuance.
(3) Types of Securities Acceptable:
Securities to cover these charges in the case of new
residential dwellings shall be in the form of cash or
cashiers check, at the time of building permit issuance.
(4) Assessment Guidelines:
If neighborhood parks are needed they may be
acquired and developed and assessed through the
assessment program as outlined antler the assessment
policies of the City.
(5) Establishment of Park Acquisition and
Development Fund:
The City Manager is hereby authorized to establish a
Neighborhood Park Acquisition and Development
Fund. The purpose cif such fund shall be to
1. Account for monies received on each dwelling unit
Park charge.
2. Act as the fund from which neighborhood parkland
acquisition and development shall be disbursed;
3. Account for public participation monies received
for each dwelling unit park charge.
(6) Disposition of Park Acquisition and Development
Fundi:
It is the intention of this ordinance that whenever
possible and reasonable, but not manditory funds
collected from developers and -or residences of any
particular development or particular neighborhood
should be designated and used to serve that particular
neighborhood.
(7) Gifts and -or Donations:
Land offered as a gift or donation for neighborhood
park but not related to any specific development project
may only be accepted when such gift or donation of land
conforms to one of the following:
1. Such donation or gift of land is not provided as a
means to defray the costs of an existing or future neigh
borhood park charge. However, the City may accept gift
or donation lands are within an area designated as a
neighborhood park location. Or upon acceptance by the
City, the land donated or received by gift may be sold by
the City in order to purchase a designated neighborhood
park site area.
2. Such donations or land gifts should not be less than
one acre in size.
3. If such donation or land gift is to defray the costs of
an existing or future neighborhood park charge, then
such should be accepted only under the following con-
ditions:
a. Such land or lands must be within an area
designated for a neighborhood park.
b. Financial arrangements must be made either in the
form of cash or additional lands in accordance with this
Policy.
(8) Negotiable Services - In - Kind:
Where land is available and development plans
adopted, neighborhood park charge for facilities may be
accepted in the form of services -in-kind rendered by the
developer through his contractors. Such services might
inciude grading, landscaping, installation of utilities, or
other services essential to implementation of the park
plan. Services -in kind performed by the developer or his
representatives in lieu of the neighborhood park charge
shall be equal to the calculated neighborhood park
charge and shall be approved by the City through
negotiations.
(9) Neighborhood Park Joint Development En-
couraged:
The City actively endorses the coordination of neigh-
borhood park acquisition and development with other
groups and agencies, such as other governmental units,
churches, schools, and public interest groups. Such
coordinated activities may be able to lower neigh-
borhood park costs through grants, leases, joint
usage, gifts and, also strengthen neighborhood identity
and community participation.
(10) Annual Resolution Stating Average Acre
Acquisition and Development Costs:
The City Council at it's first regular meeting of each
calendar year shall act to adopt, by resolution, the
average acre acquisition cost and the average acre
development cost for neighborhood parks throughout
the City. Only 50 percent of the average acre develop
ment cost will be used in this formula each year. The
other 50 percent of development cost will have to be
financed by other means. These annual cost deter-
minations shall be used for calculating each dwelling
unit's neighborhood park charge for the ensuing year.
The method of utilizing an annual resolution is based
upon the following reasons.
1. The resolution more closely relates to the actual
costs to acquire lands necessary and meet half of the
development cost of each acre of land.
2. The resolution allows for greater flexibility to ac
count for increases in actual neighborhood park Costs
which can then be incorporated into the neighborhood
park charge formula.
V validity:
Subsections and provision of this Ordinance are
deemed to be severable and should any such item be
declared unconstitutional or invalid by a court Of
competent jurisdiction, said determination shall not
effect the validity of this ordinance as a whole or any
part thereof other than the part so declared un-
constitutional or invalid.
VI Adoption and Implementation of Neighborhood Park
Charge Ordinance:
(1) Policy Effective Immediately Upon Adoption:
The Village shall impose such policy immediately
upon adoption and its effects shall be binding upon all
new housing units issued building permits and or new
mobile home spaces issued building permits.
(2) Neighborhood Park Cost Charged at Time of
Building Permit Issuance:
All housing units or mobile home spaces Constructed
hereafter, shall, at the time of building permit issuance,
be charged a "Neighborhood Park Charge."
(3) Those new housing units to be built in subdivisions
which have been platted and dedicated acceptable
public park land as part of the plat shall be given credit
to the extent of land dedicated and or cash paid on a pro
rata basis.
Passed by the City Council of the City of Maplewood,
Minnesota, this 4th day of April, 1974.
Ayes -5
Nays 0
S - Robert T. Bruton
Mayor
Attest. s- Mrs. Lucille E. Aurelius
City Clerk
(Review: April 10, 1974)
ORDINANCE NO. 361
AN ORDINANCEeu!eEeCOGNIZES THE NEED
FOR PARKS,
ESTABLISHES
S ANDARDS ANDHOOD IMPROVEMENT GUIDELINES
AFFIDAVIT OF PUBLICATION
FOR SUCH AND PROVIDES METHODS OF
ACQUISITION AND DEVELOPMENT.
The City Council of Maplewood, Minnesota, does
Ordain as follows:
Section 1. Findings and Policy Declaration
(1) Rapid Community
Sfate Dl i tT 1
Growth:
The City of Maplewood, being a suburb of the twin
cities metropolitan region, has been
CNs
experiencing un-
precedented and rapid growth with
Count D^�- Jy
y Of PAmsO y
respect to
Population, housing and general land development.
(2) Public Facilities Unable to Keep
No lilted Lillie
Pace with
Community Growth:
The City has been and is developing
""""""'........•.....••••..••• .............••• A } ...,beingdulysworn,onoathsays
A'66 ".. * Riblibher
and constructing
Public facilities and providing
P 9 public services to meet
heisandduring all the times herein stated has beenthe................................................................
the needs of the community's growing population, but
these services and facilities have been unable to keep""'.,......
publisher and printerofthenewspaperknown asMaplewood Review,
Pace with the ever growing need.
Council Policy
and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
Engl(3) in newspaper and tis
Concern for Overall Land
Development:
east�s900asquare inches, (2) Sanguage
id newspapers isolamweekly and distriform buted et leastt in once nce se each
Faced with a number of major physical, serial and
fiscal problems caused by this
week,
(3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com-
munity which it purports to serve and does not wholly duplicate any other publication and is not made
rapid and unprecedented
growth in relation to park open space and its
up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near
the municipality which it purports to serve, has at least 500
development within the community and being con-
cerned with existing, as well as, future
copies regularly delivered to paying
subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than
three months in arrears and has entry as second-class
overall quality
and character of land development within the City, the
matter in its local Dost -office. (5) Said newspaper
Purports to serve the Village of Maplewood in the County of Ramsey and it has its known office
City Council has undertaken a program to develop a
policy statement which will act to guide the acquistition
buof siness hoursissue in hfor thVillage t North St. n Paul in said county, established and open during its regular
gathering news, sale advertisements and sale subscriptions and main
tained
and development of neighborhood parks throughout the
Cif b
Y Y providing
b the -
newspaper b his direction and
V g allbllsuch oregular bus nshours or persons at which hisemploy
control Burin
newspaperld is
a policy that explains the obligation
and requirements that will be expected of all housing
a
printed. (6) said news
paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has
complied with all the foregoing conditions for least two
development within the Community.
(4) Policy Intention:
at Veers preceding the day or dates of publi-
cation mentioned below. (B) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966, and each January 1 thereafter an in
It is the intention of the City Council to develop and
implement
affidavit the form prescribed by the Secretary
of State and signed by the publisher and sworn to before a notary public stating that the newspaper is
a park open space acquisition and
development policy which assigns a function of neigh-
borhood
a legal newspaper.
He further Ordinane.e 100
park acquisition and development respon-
States printed ���•
s P " "................ .............................•.,,,._.............
sibility to all housing dwelling units.
(5) Reasonableness of Policy:
Such policy intent is considered reasonable to protect
. . . . . . . • . . . . . . . . . ........ hereto attached as a part hereof was cut from the columns
of said newspaper, and was printed and published therein In the English language, once each week, for
the public interest and welfare of the community; and to
secure a better totaled planned environment for all
' • •""""""' one ........... successive weeks; that It was first so published on Wednesday the 10th..
neighborhoods throughout the City; and to establish a
viable neighborhood park acquisition and development
program that
pp
.................................
day of ...................A�2'.Z.l. ... of 19.�. and was thereafter printed and
is relative and meaningful to the people
who live throughout the City.
pub-
lished 0n every Wednesday to and including Wednesday
6 Policy Clarification:
the ...... _ _ . .. day of
This policy is intended and designed to focus upon
providing a publicly adopted strategy which will cause
all housing developments
........... 19.... and that the to] lowing is a printed copy of the lower case alphabet
from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
to bear an obligation to the
acquisition and development of "neighborhood
the Composition and publication of said notice, to wit:
parks."
Such clarification is needed so as to indicate that the
abcdefghijklmnopgrstuvwxyz
only function and purpose of which thispolicy applies
shalt be to acquire park space
•� -
fl ��---�"��'"-v-
and develop such park
areas in such a manner so as they are solely planned,
designed, constructed with facilities, and programmed
with neighborhood services. This policy application, in
no way, applies
... .............' """•""....••••••••••••••• ••• ••••••••••
Subscribed to "`Qay
to or satisfies for the acquisition and or
development of "Community,,,
'"District,"
and sworn before me this .... .. Of .... PT�•1
••••• ........ 19..74
"Regional" s hor
9 parks. Nor does this policy to ice
e
r
�A-T
maintenance of existing neighborhood parks or such
parks
parks that
e
./.6-d✓.....�....
•••••-••••neighborhoods
RICE
may be acquired andor
"""a^^ort by this oolicv.
S. EN HT
Notary public, ..... Notary, -Public;• Ra County, Mi
nnesotay
Minn. Commission ExpY PRCMjSSton.Expires. Sept:6;.97S.. 19
(7) Policy Consistent With Overall Community
Development Plans:
It is necessary and consistent with the overall com-
munity development plans of this City to provide Neigh-
borhood Parks and it is further in the interest of the
health, welfare and safety of the people of the City of
Maplewood that the City promulgate and establish a
Neighborhood Park Acquisition and Development
Program; that such program is equitable and con-
sistent with the benefits received that the owners of
land, upon which residential dwelling exist or are to be
constructed, pay for a portion of the cost of the
acquisition and development of the Neighborhood Park
lands within the City.
II Park Demand and Charge Methodology
(1) Neighborhood Park Acre Demand Formula
This policy provides that the amount of land space
needed for neighborhood park purposes shelf be based
upon and determined by relating land area to population
resulting from residential developments. For neigh
borhood park space purposes, the City establishes the
standard that there shall be one acre of neighborhood
park land area for each 100 persons of population
resulting from residential development. In order to
determine the Neighborhood Park Acres demanded by
any residential development the following formula is
established:
Acre Demand equals No. dwelling units X population
dwelling unit divided by population standard of 100.
(2) Dwelling Unit Park Charge Formula
For purposes of determining each dwelling unit's
park charge responsibility for both acquisition and
development the following formula is established:
DC
AC+—
Park Charge equals AD 2
Dwelling Unit DU
"AD" is the acre demand of park land space required
as a result Of the formula established which relates
development population to neighborhood park space
demand.
"AC" is the estimated average cost of land per acre
for park purposes. This figure is based upon an
estimated average cost to acquire an acre of land for
neighborhood park purposes. This estimate recognizes
that the costs will vary greatly in different areas of the
City. Thus an average was arrived at which allows for
feasibility in increases in land costs.
"OC" is one-half the estimated average cost for park
development per acre for neighborhood park purposes.
This figure represents 50 percent of the average type of
neighborhood park development that the Village wants
reflected in dollar amounts per acre.
"DU" represents the number of dwelling units
proposed in any development which this charge would
be applicable.
(3) Population -Dwelling Unit Determination
This policy provides a population per dwelling unit
table in order that the Acre Demand Formula may be
converted and utilized in determining each dwelling
unit's neighborhood park charge. The following table
is established as the basis for computing and calcu-
lating the population for the type of dwelling unit listed:
Dwelling Unit Type Persons -Unit
Single Family detached dwelling 4.1 -unit
Double Family attached dwelling 4.1 -unit
Mobile Home dwelling unit 2.5 -unit
Multiple Dwelling (3 or more
dwelling units occupying independent
floor levels)
Efficiency Dwelling 1.1 -unit
I bedroom dwelling 1.4 -unit
2 bedroom dwelling 2.5 -unit
3 bedroom dwelling 3.3 -unit
4 bedroom dwelling 4 unit
Townhouse dwelling (3 or more
dwelling units attached or not occupying
independent floor levels)
1 bedroom dwelling 2 -unit
2 bedroom dwelling 3.3-untt
3 bedroom dwelling 4 -unit
4 bedroom dwelling 4.2 -unit
III Joint Agency Development
In order to maximize the total available resources
within each neighborhood in terms of space, facilities,
and development this Neighborhood Park policy en
courages and takes into consideration thepotential of
joint development of neighborhood park and recreation
facilities which may take place between the City and
other park agencies, schools, churches, etc., so that the
size of the joint development will be less, than if
separate sites were developed by each. The facilities
included, willrepresent the functional needs Of each
agency. The intent Of Joint Development is to satisfy
one of the following requirements: to avoid duplication
of facilities (unless existing facilities are over used),
coordinate services, and or deminish the land needs Of
each agency.
tV Financial Policies to Implement Neighborhood Park
Policy
(1) Time Neighborhood Park Charges Due:
Charges for neighborhood park acquisition and -or
development as applied to residential developments
should be made in the case of new developments at the
time of buittli ng permit issuance.
(2) Securities Required:
The charges sall be based upon the formula method
outlined in Section II of this policy document and
h
securities in this amount guaranteeing such shall be
made at the time of building permit issuance.
(3) Types of Securities Acceptable:
Securities to cover these charges in the case of new
residential dwellings shall be in the form of cash or
cashiers check, at the time of building permit issuance.
(4) Assessment Guidelines:
If neighborhood parks are needed they may be
acquired and developed and assessed through the
assessment program as outlined under the assessment
policies of the City.
(S) Establishment of Park Acquisition and
Development Fund:
The City Manager is hereby authorized to establish a
Neighborhood Park Acquisition and Development
Fund. The purpose of such fund shall be to:
I. Account for monies received on each dwelling unit
park charge.
2. Act as the fund from which neighborhood park land
acquisition and development shall be disbursed;
3. Account for public participation monies received
for each dwelling unit park charge.
(6) Disposition of Park Acquisition and Development
Funds:
it is possible and intention reasonable, this
sbut ordinance notwhenever
tory funds
collected from developers and -or residences of any
particular development or particular neighborhood
should be designated and used to serve that particular
neighborhood.
(7) Gifts and -or Donations:
Land offered as a gift or donation for neighborhood
park but not related to any specific development project
may only be accepted when such gift or donation Of land
conforms to one of the following'.
1. Such donation or gift of land is not provided as a
means to defray the costs Of an existing or future neigh
borhood park charge. However, the City may accept gift
or donation lands if they are within an area designated
neighborhood park site area.
2. Such donations or land gifts should not be less than
one acre in size.
3. If such donation or land gift is to defray the costs of
an rhood
carge, the
suchxisting or shou d befaccepted Onlyuture underunder the kfollowing conn
ditions:
a. Such land or lands must be within an area
designated for a neighborhood park.
b. Financial arrangements must be made either in the
form of cash or additional lands in accordance with this
policy.
(B) Negotiable Services - In - Kind:
Where land is available and development plans
adopted, neighborhood park charge for facilities may be
accepted in the form of services -in-kind rendered by the
developer through his contractors. Such services might
include grading, landscaping, installation of utilities, or
other services essential to implementation of the park
plan. Services -in-kind performed by the developer or his
representatives in lieu Of the neighborhood park charge
shall be equal to the calculated neighborhood he it rough
charge and shall be approved by Y
negotiations.
(9) Neighborhood Park Joint Development En-
couraged:
The City actively endorses the coordination of neigh
borhood park acquisition and development with other
groups and agencies, such as other governmental units,
churches, schools, and public interest groups. Such
coordinated activities may be able to lower nioint
igh
borhood park costs through grants,
usage, gifts and, also strengthen neighborhood identity
and community participation.
(lo) Annual Resolution Stating Average Acre
Acquisition and Development Costs:
The City Council at it's first regular meeting
fach
calendar year shall act to adopt, byresolution,
he
average acre acquisition cost and the average acre
development cost for neighborhood parks throughout
the City. Only 50 percent of development cost will have
to be financed by other means. These annual cost
determinations shall be used for calculating each
dwelling unit's neighborhood park charge for the en-
suing year.
The method of utilizing an annual resolution is based
upon the following reasons.
1, The resolution more closely relates to the actual
costs to acquire lands necessary and meet half of the
development cost of each acre of land.
2. The resolution allows for greater flexibility to ac
count for increases in actual neighborhood park costs
which can then be incorporated into the neighborhood
park charge formula.
V Validity:
Subsections and provision of this Ordinance are
deemed to be severable and should any such item be
declared unconstitut'onal or invalid by a court of
competent jurisdiction, said determination shall not
effect the validity Of this ordinance as a whole or any
part thereof other than the part so declared un
constitutional or invalid.
VI Adoption and implementation of Neighborhood Park
Charge Ordinance:
(1) Policy Effective Immediately Upon Adoption:
The Village Shall impose such policy immediately
upon adoption and its effects shall be binding upon all
new housing units issued building permits and -or new
mobile home spaces issued building permits.
(2) Neighborhood Park Cost Charged at Time of
Building Permit Issuance:
All housing units o- mobile home spaces constructed
hereafter, shall, at thetime of building permit issuance,
be charged a ,Neighborhood Park Charge."
(3) Those new housing units to be built in sub -divisions
which have been platted and dedicated acceptable
public park land as part of the plat shall be given credit
to the extent of land dedicated and -or cash paid on a pro
rata basis.
Section 2. This ordinance shall take effect upon
passage and publication.
Passed by the City Council of the City Of Maplewood,
Minnesota, this 4th day of April, 1974. Ayes -3
Nays 2
Robert T. Bruton, Mayor
Attest: Lucille Aurelius
City Clerk
(Review: April 17, 1974)