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1621 the right-of-way of such roads.One tree shall be planted for every 40 feet of frontage along each
<br /> 1622 road unless the council,upon recommendation of city staff,shall grant a waiver.
<br /> 1623 (2) New trees to be provided pursuant to this chapter shall be approved by the city and shall be
<br /> 1624 planted in accordance with the specifications of the city.Such trees shall have a minimum trunk
<br /> 1625 diameter,measured 12 inches above ground level,of not less than two inches.Only oak,honey
<br /> $26 locust, hard maples, ginkgo,ash-or other long-lived shade trees acceptable to the city shall be
<br /> 1627 planted.
<br /> 628 Sec.82-227.-Parks and playgrounds,class II and III subdivisions.
<br /> 629
<br /> 1630 (1) Lands for public use.The city finds that when land is subdivided,including a planned residential
<br /> 1631 development or a planned unit development, the resulting additional housing units or
<br /> 1632 commercial/industrial buildings have an impact on the city's park system.Therefore,pursuant to
<br /> 1633 Minn.Stat. §462.358,subd.2b,the city requires all persons,corporations or other legal entities
<br /> 1634 that subdivide land within the city, as a prerequisite to approval of a lot division, final plat,
<br /> 1635 planned residential development or planned unit development,to convey to the city or dedicate
<br /> 1636 to the public,for use as parks,playgrounds,trails or open space,a given percentage of the land
<br /> 1637 being platted or developed as specified in this section,such portions to be approved by the city.
<br /> 1638 In lieu thereof, the subdivider shall, at the option of the city, pay to the city, for use in the
<br /> 1639 acquisition,development or improvement of public parks,playgrounds,trails,wetlands or open
<br /> 1640 spaces and debt retirement in connection with the foregoing,an equivalent amount in cash based
<br /> 1641 upon the fair market value of the land to be developed.The form of contribution(cash,land,or
<br /> 1642 any combination)shall be decided by the city council based upon the need and conformance with
<br /> 1643 the comprehensive plan.The amount of the dedication requirement shall be roughly proportional
<br /> 1644 to the impact of the subdivision on the city's park system.
<br /> •
<br /> 1645 (2) Dedicated land requirements.Any land to be dedicated as a requirement of this section shall be
<br /> 1646 reasonably adaptable for the public purposes listed in subsection(1)of this section.Factors used
<br /> 1647 in evaluating the adequacy of proposed dedicated areas shall include size, shape,topography,
<br /> 1648 drainage,geology,tree cover,access and location.
<br /> 1649 (3) Land dedication minimum area. Subdividers shall be required to dedicate to the city for parks,
<br /> 1650 playgrounds,trails,open spaces and other public purposes as a minimum that percentage ofross
<br /> 1651 land area,or other such amount as may be determined by the city council,as set forth below_ _—f Commented[SM92]:We should analyze the formula.
<br /> 1652 ja. In residential/agricultural/multiple residential zoned land, dedication requirement of eight
<br /> 1653 percent of the land being platted or subdivided. The dedication required shall be roughly
<br /> 1654 proportional to the projected impact of the proposed development on the city's park system.
<br /> 1655 Because of the vastly differing land values in the city, the eight percent park dedication
<br /> 1656 requirement could result in park dedication requirements that are either significantly greater
<br /> 1657 than or significantly less than the amount which is roughly proportional to the impact of the
<br /> 1658 proposed development on the city's park system. Periodically, therefore, the city will
<br /> 1659 establish both a maximum and minimum park dedication amount per dwelling unit based on
<br /> 1660 an updated projection of the cost of the city's park system and the proportionate share of this
<br /> 1661 projected cost to be borne by new dwelling units in the city.This will be done by a resolution
<br /> 1662 of the city council.
<br /> 1663 b. In commercial/industrial zoned land, dedication requirement of eight percent of the land
<br /> 1664 being platted or subdivided. The dedication required shall be roughly proportional to the
<br /> 1665 projected impact of the proposed development on the city's park system.The city finds that
<br /> 1666 the employees of commercial/industrial developments in the city make use of the city's park
<br /> 1667 system,particularly trails and natural areas. Because the city's park system is focused on
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