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• Ch. 65 - Nonconformities
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CHAPTER 64 - SITE DESIGN POLICIES

Printable Version

64.460 CASH PAYMETN IN LIEU OF LAND DEDICATION:

If in the judgment of the Common Council the quantity of land to be subdivided is of a size or configuration that dedication of a portion thereof:  

1. is not feasible or practical; or
2. will not create a parcel suitable for neighborhood park development or for usable open space or trail thoroughfares; or,
3. the land is adjacent or readily accessible to already existing public park and recreation facilities, or publicly maintained open space;

  the requirement of dedication imposed by Section 64.440 of this ordinance may be satisfied by a payment of cash by the subdivider to the City or suitable provision in a development agreement entered into under Section 61.250, which may include fees for land acquisition, preparation and all other purposes and uses defined in Section 64.430. Said payment shall be made prior to recording the Final Plat of the subdivision in an amount equivalent to the fair market value of land which would otherwise required to be dedicated.  The calculation of the amount of the cash payment required shall be computed on the following basis.  The City Engineer shall determine the fair market value per acre of the undeveloped residential land proposed to be subdivided at the time the preliminary plat is proposed, giving due consideration to the value to be assigned to similarly situated land by the County Assessor following it's subdivision.  The required payment shall be computed by multiplying the value per acre of land by the number of acres required to be dedicated.  

64.461

Funds Established: All payments collected pursuant to Section 60.460 shall be placed in the appropriate neighborhood park acquisition and development fund established for the quadrant of the City where the lands subdivided are located, and may only disbursed for purposes consistent with the acquisition and development of neighborhood parks in that quadrant, as the Common Council may from time to time direct.  For purposes of administration of this ordinance and this section, the City shall be divided into four quadrants -- northwest, northeast, southeast, and southwest, which are defined as follows:  

1. The northwest quadrant shall contain all the lands of the City lying north of the alignment of West Center Street extended to the westerly municipal limits, and west of Trunk Highway 63. 
2. The northeast quadrant shall contain all of the lands of the City lying east of Trunk Highway 63, and north of the alignment of East Center Street extended to the easterly municipal limits. 
3. The southeast quadrant shall contain all of the lands of the City lying east of Trunk Highway 63, and south of the alignment of East Center Street extended to the easterly municipal limits. 
4. The southwest quadrant shall contain all those lands of the City not otherwise contained in the other quadrants.
   
   
   
   
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