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(8) Fair market value of lands. Fair market value for purposes of this section shall be the land <br /> predevelopment value to be determined by the city council as of the time of preliminary plat <br /> application in accordance with the following: <br /> a. Recommendation of the County assessor. <br /> b. The Developer and the City agree on the predevelopment value of the land. <br /> c. If agreement is not reached, the fair market value shall be determined in accordance <br /> with the following: <br /> 1. Fair market value as determined by the city council based upon a current appraisal <br /> submitted to the city by the developer, at their expense. The appraisal shall be <br /> made by appraisers who are approved members of SREA or MAI, or equivalent <br /> real estate societies. <br /> 2. If the city disputes such appraisal amounts, it may obtain an appraisal of the <br /> property by a qualified real estate appraiser which the city council selects and <br /> which appraisal may be accepted by the city as being an accurate appraisal at fair <br /> market value. The cost of the appraisal shall be paid by the developer. <br /> d. The determination of fair market value of the undeveloped land by the city assessor, <br /> city council or designated appraisers shall be determined at the time of final approval. <br /> (9) Future subdivision. Any land which is further subdivided, divided or applied for such <br /> subdivision, division subsequent to May 1, 1990, shall be subject to the requirements of the <br /> ordinance then in effect concerning dedication of land for public purposes; and credit shall <br /> be given for any charges previously imposed upon that land if the developer can prove that <br /> fees were previously paid. In no event shall the city be liable for any payment which may be <br /> due because of a subsequent reduction in the application percentage of land or equivalent <br /> market value in cash to be dedicated. <br /> (10) Request for deviation. The dedication requirements based on the development's <br /> proportional share of the City park system are presumptively appropriate. A developer may <br /> request a deviation from the presumptive requirements based upon the anticipated impact of <br /> that particular subdivision. The request must be made to the Council as part of an <br /> application for Final plat approval. <br /> SECTION 2.EFFECTIVE DATE: This ordinance shall take effect immediately upon its <br /> passage and publication. <br /> ADOPTED this 14th day of February, 2022 on a vote of ayes and_nays by the <br /> City Council of Orono, Minnesota. <br /> ATTEST: <br />