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<br /> Created: 2021-08-18 14:29:07 [EST] <br />(Supp. No. 19, Update 4) <br /> <br />Page 2 of 3 <br />Developers shall be required to dedicate to the city for parks, playgrounds, trails, open spaces and other 42 <br />public purposes as a minimum that percentage of gross land area, or other such amount as may be 43 <br />determined by the city council, as set forth below: 44 <br />a. In residential/agricultural/multiple residential zoned land, dedication requirement of 0.10 acres per 45 <br />additional residential household being developed. The dedication required shall be roughly 46 <br />proportional to the projected impact of the proposed development on the city's park system. 47 <br />b. In commercial/industrial zoned land, dedication requirement of 0.1 acres for every acre of land being 48 <br />developed, or for every 14 expected employees, whichever is greater. The dedication required shall be 49 <br />roughly proportional to the projected impact of the proposed development on the city's park system. 50 <br />The city finds that the employees of commercial/industrial developments in the city make use of the 51 <br />city's park system, particularly trails and natural areas. Because the city's park system is focused on 52 <br />trails and natural areas versus active community parks and ballfields, commercial/industrial employees 53 <br />use the city's park system in ways similar to city residents. Therefore, the commercial/industrial 54 <br />dedication requirement will be tied to the residential dedication requirement by determining the 55 <br />number of employees that is equivalent to a residential dwelling unit in terms of impact on the city's 56 <br />park system 57 <br /> c. The form of contribution (cash, land, or any combination) shall be determined at the discretion of the 58 <br />city council. 59 <br />(7) Cash contribution in lieu of lands. In those instances where a cash contribution is to be made by the 60 <br />developer, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be 61 <br />equivalent to the fair market value of the land to be dedicated. The city shall account for such funds in a 62 <br />special fund named park dedication funds. These funds are to be used only for the acquisition, development 63 <br />and improvement of public parks, playgrounds, trails, wetlands or open spaces, and debt retirement in 64 <br />connection with the foregoing. 65 <br /> (a) Cash contribution maximum. In those instances where the anticipated park needs are greater than the 66 <br />number of acres to be developed, the City may establish a park dedication maximum: 67 <br /> Residential density of 3 units per acre or less: maximum 4 percent of the predeveloped value 68 <br /> Residential density of 3.1- 8 units per acre: maximum 8 percent of the predeveloped value 69 <br />Residential density of 8.1 - 15 units per acre: maximum 12 percent of the predeveloped value 70 <br />Residential density of 15.1 units per acre or more: maximum 20 percent of the predeveloped value 71 <br /> (8) Fair market value of lands. Fair market value for purposes of this section shall be the land predevelopment 72 <br />value to be determined by the city council as of the time of preliminary plat application in accordance with 73 <br />the following: 74 <br />a. Recommendation of the County assessor. 75 <br />b. The Developer and the City agree on the predevelopment value of the land. 76 <br />c. If agreement is not reached, the fair market value shall be determined in accordance with the 77 <br />following: 78 <br />1. Fair market value as determined by the city council based upon a current appraisal submitted to 79 <br />the city by the developer, at their expense. The appraisal shall be made by appraisers who are 80 <br />approved members of SREA or MAI, or equivalent real estate societies. 81 <br />2. If the city disputes such appraisal amounts, it may obtain an appraisal of the property by a 82 <br />qualified real estate appraiser which the city council selects and which appraisal may be accepted 83