HomeMy WebLinkAboutCity Council Ordinance 1973-12VILLAGE OF PLYMOUTH
ORDINANCE NO. 73-12
AN ORDINANCE AMENDING SECTION 7.06 OF
CHAPTER VII OF THE VILLAGE CODE REI.ATING TO
THE CONTRIBUTION BY DEVELOPERS OF OPEN SPACE
FOR PUBLIC USE
Section 1. Amendment of Village Code. Section 7.06 of
Chapter VII of the Village Code is hereby repealed and the follow
Ing substituted therefor: 1
"7.06 DEDICATION OF LANDS FOR PUBLIC PARKS AND PLAYGROUNDS
1. The owners or developers of lands for residential, commercial
or industrial uses or a planned development which includes residential,
commercial and industrial uses or any combination thereof, shall be
required, as a prerequisite to approval of a plat, subdivision or de-
velopment of any such lands, to convey to the Village, or dedicate to
the public use, for park or playground purposes a reasonable portion of
the area being platted, subdivided or developed, or, in lieu thereof
the owners or developers shall at the option of the Village pay to the
Village, for use in the acquisition of parks, playgrounds, public open
space and storm water holding areas or ponds, development of existing
park and playground sites, public open space and storm water holding
R1 areas or ponds, and debt retirement in connection with land previously
required for such public purposes, an equivalent amount in cash based
upon the undeveloped land value of that portion of said land that would
have been required to be dedicated.
2. The Village Manager shall develdp ari recommend to the Council
for adoption standards and y°ide lines for determining what portion of
each such development should reasonably be`required to be so conveyed
or dedicated. Such standards and guide lines may take into considera-
tion the zoning classification to be assigned to the land to be develop-
ed, the particular use proposed for such land, amenities to be provided
and factors of density and site development as proposed by the own::rs or
developers. The Village Manager shall further ;•ecommend changes and
amendments from time to time to such standards and guide lines to reflect
changes in the usage of land which may occur, changes in zoning classi-
fication and concepts and changes in planning and development conce',ts
that relate to the development and usages to which land may be put.
3. The'Village Manager shalt, in each case, recommend to the Coun-
cil the total area and location of such land to be so conveyed or dedi-
cated within the development for public pruposes as set out in Paragraph
1 above.
4. In those instances -oh -,re a cash contribution is to be made by
the owners or developers in lieu of a conveyance or dedication of land
for public purposes as set out in Paragraph 1 above, the Village Manager
shall recommend to the Council the amount of cash to be so contributed
which recomr, ndation shall be based upon the equivalent undeveloped land
value of th( area that would otherwise have been conveyed or dedicated.
In arrivin_ -,t such recommendation the Village Manager shall consider
the zoning classification to be assigned to such land and may use the
same measure or method of valuation which at such time is being custom-
arily used by buyers and sellers of land to determine value as such value
relates to the use which is proposed for such land. s
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5. A percentage of the land so conveyed or dedicated for the public
purposes set out in Paragraph 1 above may be used by an owner or develop-
er as an allowance for purposes of calculating the density requirements
of the development as set out in the Village Zoning Ordinance when it is
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found by the Village Council after receiving a report from the Village ! ".
Manager to be necessary for the completion of a portion of the Compre-
hensive Guide Plan for Parks and Trails or for the comoletion of a por-
tion of the Comprehensive Storm Sewer Plan and shall b; in aaaition to
and not in lieu of open space requirements for Community Unit Projects
pursuant to Section 10, Subdivision 6, Paragraph 2. e. or o -,an space
requirements for Residential Subdivision Unit Projects pursuant to Section
7, Subdivision 7, Paragraph 2. e. of the Village Zoning Ordinance. j
6. The Village Manager shall establish a separate fund into which
all cash contributions received from owners and developers in lieu of
conveyance or dedication of land for such public purposes shall be de-
posited. The Village Manager shall establish separate budgeting and
accounting procedures for such fund and shall recommend to the Village
Council from time to time appropriations from such fund for acquisition
of land for such public purposes, for developing such existing public
sites or for debt retirement in connection with land previously acquired
for such public purposes.
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7. Prior to the approval by the Council of any plat, subdivision
or development any proposed conveyance or dedication of lands for such
public purposes shall be reviewed by the Park and Recreation Advisory
Commission or Planning Commission, whichever is appropriate, and said
Commission shall make recommendations to the Council with respect thereto.
The Commission's review shall consider the proposal for such conveyance
or dedication as it relates to open space requirements of the Village
and in reference to any comprehensive Village plan relating to park and
open space lands." j
Section 2. Effective Date. This ordinance shall take effect.
from and after its passage and publication. 1
Adopted by the Village Council on the 2nd day of July, 1973.
Al Hilde, Jr.
Mayor
ATTEST:
Sandra L. Haugen
;+ Village Clerk