HomeMy WebLinkAbout1986-11-11-Ordinance 2079_Land Subdivision Regulations, Public Site and Open SpacesORDINANCE NO.2079
AN ORDINANCE TO AMEND CHAPTER 303,WAUKEE,MUNICIPAL CODE,
SUBDIVISION ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY
PROVIDING FOR PUBLIC SITE AND OPEN SPACES IN THE CITY OF
WAUKEE,IOWA.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.There shall be inserted as Article XI
Sections 303.183,303.184,the following,and Sections
formerly included as Articles XI,XII,XIII,XIV,XV and
XVI shall be renumbered consecutively following said
insertion:
ARTICLE XI
PUBLIC SITE AND OPEN SPACES
§303.183 Purpose.This ordinance is enacted to
insure that land is properly located and preserved for use
by the public for park and recreational purposes in accor-
dance with future community growth;and to further insure
that the cost of providing the park and recreational sites
and facilities necessary to serve the additional residents
brought into the community through subdivision development
may be most equitably apportioned on the basis of the
additional public requirements created by such sUbdivision
development.
§303.184.Park Site Dedication,Reservation or
payment In-Lieu-Of Dedication.As a condition of
approval of a final plat of subd i v i s i on or a site plat,
each subdivider or developer shall be required to dedicate
land without cost to the City for park and recreat ional
purposes to serve the immediate and future needs of the
neighborhood,in accordance with the following criteria:
A.Park,Recreation Areas,and Open Space
Dedication.In the design of the SUBDI-
VISION PLAT OR PLANNED UNIT DEVELOPMENT
(PUD),dedication of land for parks and
recreation areas shall be required by the
Planning and Zoning Commission and the City
Council of all sUbdivisions where sites are
recommended by the Comprehensive Plat or
other governmental agency plans.
B.Dedication of Land for Park,Recreation
Areas,and Open Space.The amount of
land or money required to be dedicated by a
su bd i v i de r pursuant to this Article shall
be based on the net area included in the
subdivision (net area being all land inclu-
ding streets,right-of-way,and public or
private easements),determined by the
following formula for all subdivisions lar-
ger than five acres.The City and subdivi-
der shall agree whether that dedication
shall be land or money.The Ci ty and sub-
divider shall agree upon the location of
the land to be dedicated.If the City and
sUbdivider do not agree on location the two
parties shall appoint three appraisers to
reach a consensus on the location.The
City shall appoint one appraiser,the sub-
divider shall appoint one appraiser,and the
third appraiser shall be chosen by "lot"
from a list of appraisers in the area.The
decision of the appraisers shall be binding
on all parties.Costs for appraisers would
be equally divided between the City and the
subdivider.
C.Payments in Lieu of Dedication.Where
dedication is not feasible or recommended by
the Comprehensive Plat or other governmental
agency plans as determined by the Planning
and Zoning Commission a and City Council,
the subdivider shall,in lieu of dedication,
pay to the City a fee equivalent to the val-
ue of the land required for dedication.
Such fee shall be based upon the land value
in a subdivided state.If the City and sub-
di vider do not agree on price of land,the
two parties shall appoint three appraisers
to reach a consensus of the price of land.
The City shall appoint one appraiser,the
subdivider shall appoint one appraiser,and
the third appraiser shall be chosen by "lot"
from a list of MAl appraisers in the area.
The decision of the appraisers shall be
binding on all parties.Costs for apprai-
sers would be equally divided between the
City and the subdivider.All funds received
in lieu of land dedications shall be put in
a trust fund to be used for park development
and recreation programs.
D.Payment Due
or Less.On
on Subdivision of
all subdivisions
Five Acres
f i,ve (5)
acres or less in size,no dedication of land
shall be required.A fee rate of Four Hun-
dred Dollars ($400.00)per acre shall be
assessed.On parts of an acre,the Four
Hundred Dollar ($400.00)fee shall be
assessed in direct proportion to percentage
of the partial acre.
E.Park Land Dedication Requirement.
amount of park land dedication shall
determined by the following formula:
The
be
Residential Uses:
Percentage of
Total Land AreaMinimumLotAreaPerUnit
25,000 sq.ft.to 40,000 sp.ft.
or greater
8,000 sq.ft.to 24,999 sq.ft.
2,399 sq.ft.or les to 7,900 sq.ft.
3%
5%
10%
F.Major Thoroughfare Dedication.In the
case of a major thoroughfare lying within a
proposed sUbdivision,the subdivider may
dedicate additional right-of-way in lieu of
land required for parks,recreation areas,
or open space upon agreement by the Planning
and Zoning Commission and City Council.The
area of such dedication shall be determined
by the same method as described in §305.2e.
G.Payment of Fees.
dedication of land
the approval of the
Payment of fees and/or
shall be concurrent with
final plat.
Section 2.Effective date.This ordinance
be in effect after its final passage,approval,and
cation as required by law.
shall
pub Li.>
Passed by the Council the 11th day of November,1986 and
approved this 11th day of November,1986.
ristianson
Y 0 R
Attest: