§ 5. General requirements.

1.

Conveyance or payment of money required. The owner of any property to which this ordinance applies, which is to be developed for residential purposes shall convey for park purposes land, or make a payment of money in lieu of land, or a combination of both, to the city at the time of subdivision platting to provide for the recreational needs created by such development, in accordance with the provisions of this ordinance.

2.

Proposed number of dwelling units to be submitted. All plats, lots of record, replats, site plans or proposed improvements of land for new residential development, required to be submitted to the commission and council, shall indicate the number of proposed dwelling units to be constructed or placed within the development on such plat, lot of record, replat, or site plan.

3.

Determination of requirements. In reviewing any lot of record, plat, site plan, or proposed improvements of land for a new residential development, the council shall, except where a payment of money in lieu of land is automatically required to be made under subsection 6 below, make a determination of whether a conveyance of land, payment of money in lieu of land, or combination of both, shall be made to meet the requirements of this ordinance.

4.

Factors considered. In making a determination of whether a proposed conveyance of land, money in lieu of land, or combination of both, shall be made to meet the requirements of this ordinance, the commission shall recommend what would be in the best interest of the city based upon the park board's review and consideration of relevant factors, which will include the following:

a.

Whether the proposed land to be conveyed for park purposes would be suitable as a public park.

b.

The parks and recreation master plan for the area in which the development is located.

c.

The recommendation of the department of parks and recreation.

d.

Whether the proposed land to be conveyed for park purposes is adjacent to an existing or proposed school site.

e.

Whether there is sufficient existing public or private park land in the area of the proposed development.

f.

Whether the park needs of the area where the proposed development is located would be best served by expanding or upgrading existing parks.

g.

Land located adjacent to a greenbelt park.

h.

The guidelines of the current comprehensive plan of the city.

5.

Suitability of proposed conveyance of land for park purposes. A proposed conveyance of land to meet the requirements of this ordinance shall not generally be considered suitable for public park purposes if it has one or more of the following characteristics:

a.

Generally if more than twenty (20) per cent of the proposed park site is located within the one hundred-year floodplain, as shown on the latest flood insurance rate map or floodplain ordinance adopted by the city on which the federal emergency management agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. The city may take more than the twenty (20) per cent floodplain land if its determined in tide best interest of the city. (See subsection 4 of Sec. 6. below regarding credit for donation of floodplains.)

b.

The proposed park site dedication is less than five (5) acres for a park, unless the proposed dedication is located in such a manner in which it could be combined with other dedications to create a park of adequate size.

c.

It has unusual topography or slope which renders it unsuitable for organized recreational activities.

d.

It does not or would not front an improved public street or would not be readily accessible, in whole or in part, to the public.

e.

When one or more developments will be necessary to create a park of sufficient size in the same area, the park board, prior to the time of preliminary plat approval, will work with the developers to define the optimum location of their dedication within their plats. Once a park site has been determined, adjacent property owners who develop around the park site will dedicate land adjacent to the existing site unless otherwise determined by the city council.

6.

Combination of land and payment of money. The council may, when the best interest of the city would be served, require a combination of the dedication or conveyance of land and the payment of money in lieu of land to meet the requirements of this ordinance or total payment in lieu of land conveyance. Provided that the developer shall be required to pay the applicable cash in lieu of land as provided in section 7, rather than dedicate any area of land which is deemed impractical for public park purposes by the city council. No plat showing a dedication of less than one acre shall be approved unless the land being dedicated is adjacent to an existing park area.