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I. <br />A <br />ORDINANCE NO., SECOND SERIES <br />AN ORDINANCE TO AMEND MUNICIPAL CODE SECTION 11.6: <br />REGARDING DEDICATION OF LANDS FOR PUBLIC USE <br />FOR PARKS AND PLAYGROUNDS <br />IN CONJUNCTION WITH CLASS II AND III SUBDIVISIONS <br />ApoPrif:>/'j <br />The City Council of Orono ordains as follows: <br />Section 1. Municipal Code Section 11.62 is hereby amended as follows: <br />SEC. 11.62. PARKS AND PLAYGROUNDS, CLASS II AND III SUBDIVISIONS. <br />Subd. 1. Lands For Public Use. The City finds that when land is subdivided, including a <br />planned residential development or a planned unit development, the resulting additional housing <br />units or commercial/industrial buildings have an impact on the City's park system. Therefore, <br />pursuant to Minnesota Statutes, (1989), Section 462.358, subd. 2b, the City requires all persons, <br />corporations or other legal entities that subdivide land within the City of Orono; as a prerequisite to <br />approval of a lot division, final plat, planned residential development or planned unit development; <br />to convey to the City or dedicate to the public, for use as parks, playgrounds, trails, or open space, <br />a given percentage of the land being platted or developed as hereinafter specified, said portions to <br />be approved by the City. In lieu thereof, the subdivider shall, at the option of the City pay to the <br />City, for use in the acquisition, development or improvement of public parks, playgrounds, trails, <br />wetlands or open spaces and debt retirement in connection with the foregoing, an equivalent amount <br />in cash based upon the fair market value of the land to be developed. The form of contribution (cash <br />or land, or any combination thereoO shall be decided by the City Council based upon the need and <br />conformance with the Comprehensive Plan. The amount of the dedication requirement shall be <br />roughly proportional to the impact of the subdivision on the City's park system. <br />Subd. 2. Dedicated Land Requirements. Any land to be dedicated as a requirement of this <br />Section shall be reasonably adaptable for the above public purposes. Factors used in evaluating the <br />adequacy of proposed dedicated areas shall include size, shape, topography, drainage, geology, tree <br />cover, access and location. <br />Subd. 3. Land Dedication Minimum Area. Subdividers shall be required to dedicate to the <br />City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that <br />percentage of gross land area, or other such amount as may be detemiincd by the City Council, as <br />set forth below :