HomeMy WebLinkAboutCity Council Ordinance 2007-03CITY OF PLYMOUTH
ORDINANCE NO. 2007-03
AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE TO REVISE THE
CASH FEE PAYMENT IN LIEU OF LAND DEDICATION FOR PARKS AND OPEN
SPACE
THE CITY OF PLYMOUTH ORDAINS
Section 1. Amendment of City Code. Chapter 5 of the City Code of the City of
Plymouth, Minnesota, is hereby amended by revising Section 528.03 as follows:
528.03 Dedication Required.
Subd. 1. At the time of subdivision, the developer shall dedicate land for
public use as parks, playgrounds, recreation facilities, trails, or public open
space, in an amount equal to the development's proportional share of the
City park system, as determined by this chapter. Any land dedicated shall
be in a location and of a character consistent with and suitable for meeting
the needs identified by the City's Comprehensive Plan. Generally, land
located within flood plains or wetlands shall not be accepted to meet the
proportional share of required land dedication. The City may consider
accepting ownership of these lands without giving credit for park
dedication.
Subd. 2. If the City Council determines that land is not needed in the area of
the proposed subdivision, the City may alternatively require payment of an
equivalent amount in cash. Any such cash payment shall be used for the
acquisition and improvement of land for parks, playgrounds, trails, or
public open space, or as otherwise provided by statute. The undeveloped
land value shall be used to determine the cash payment required in lieu of
land dedication up to a maximum cash payment .of $5,000 $6000 per
dwelling unit for residential development or $7,500 per acre for
commercial/industrial development or schools.
Subd.3. If the City Council determines that land is needed in the
development, but in a lesser amount than the required proportionate share,
the Council may require payment of cash in lieu of land dedication based
on a pro -rate share of the land dedication that otherwise would be
required.
Subd.4. The dedication requirements based on the development's
proportional share of the City park system are presumptively appropriate.
A developer may request a deviation from the presumptive requirements
based upon the anticipated impact of that particular subdivision. The
request must be made to the City Council as part of an application for final
plat approval.
Section 2. Effective Date. This amendment shall take effect February l'`, 2007.
Adopted by the City Council this 23rd day of January, 2007.
Wt t Qt
Kelli Slavik, Mayor
ATTEST
Sandra R. Engdahl, Cit Jerk