HomeMy WebLinkAboutCity Council Ordinance 2005-36CITY OF PLYMOUTH
ORDINANCE NO. 2005-36
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 Cites Chapter 5 of the City Code of the City of
Plymouth, Minnesota, is hereby amended by revising Section 528.03 Subdivision 2 as
follows:
Subd. 2 Dedication Required.
(a) 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.
(b) 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 $3,400 $4,000 per
dwelling unit for residential development or $7,100 per acre for
commercial/industrial development or schools.
(c) 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.
(d) 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 January 1, 2006.
Adopted by the City Council this 29th day of November, 2005.
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ATTEST
ndra R. Paulson, City Clerk