A. Park Dedication Requirements.

1. A subdivider shall dedicate to the city a cash or land dedication equal to:

a. Eleven percent of the combined area of all land to be divided into lots one-half acre or smaller;

b. Seven and one-half percent of the combined area of all land to be divided into lots above one-half acre to one acre in size;

c. Five percent of the combined area of all land to be divided into lots above one acre to three acres in size;

d. Two and one-half percent of the combined area of all land to be divided into lots above three acres to five acres in size;

2. The city council and planning board, giving due weight and consideration to the expressed preference of the subdivider, may determine whether the park dedication must be a land donation, cash donation or a combination of both. When a combination of land and cash donation is required, the cash donation may not exceed the proportional amount covered by the land donation.

B. Exceptions to Park Dedication.

1. Park dedication shall not be required for:

a. Minor subdivisions;

b. Lots created greater than five acres in size;

c. Nonresidential lots;

d. A subdivision where lots are not created except when that subdivision provides permanent multiple spaces for recreational camping vehicles, manufactured homes or condominiums;

e. The creation of only one additional lot;

f. Planned unit developments or other developments which propose land permanently set aside for park and recreation purposes to meet the needs of the persons who ultimately reside in the development and equals or exceeds the dedication requirements of subsection A of this section;

g. Where a subdivision provides for long term protection of critical wildlife habitat; cultural, historical or natural resources; agricultural interests or aesthetic values and said area equals or exceeds the dedication requirements in subsection A of this section.

C. Criteria for Park Land Dedication.

1. The city council, in consultation with the planning board and the subdivider, may determine suitable locations for parks and playgrounds.

2. Land dedicated for park or playground purposes shall be useable land, shall serve residents of the entire subdivision, shall be of appropriate shape and size and shall have convenient access by public or private roads meeting Columbia Falls standards and specifications. The following land shall not be considered appropriate for park purposes:

a. Average cross slope of the park site is greater than twenty percent and more than ten percent of the park site has a cross slope greater than twenty-five percent;

b. More than ten percent of the park site is swampy or marshy;

c. Is less than two acres in area;

d. Is an undeveloped open space area within a subdivision which does not have appropriate size, dimensions or access to serve as a park;

e. Commercial or for-fee recreational facilities such as golf courses, athletic clubs, etc., unless the residents of the affected development are offered substantially reduced fee or free use and access.

D. Cash in Lieu of Park Land.

1. Where, because of size, topography, shape, location, or other circumstances, the dedication of land for parks and playgrounds is undesirable, the city council may, for good cause shown, make an order to be endorsed and certified on the plat accepting a cash donation in lieu of the dedication of land that would have been dedicated. For the purpose of this section, the fair market value is the value of undivided, unimproved land.

2. It shall be the responsibility of the subdivider to provide satisfactory evidence of the fair market value. When the subdivider and the city council are unable to agree upon the fair market value, the city council may require that the fair market value be established by an appraisal done by a qualified real estate appraiser of its choosing. The appraisal fee shall be the responsibility of the subdivider.

3. The city council may use the dedicated money to acquire, develop or maintain within its jurisdiction parks or recreational areas or for the purchase of public open space or conservation easements only if:

a. The park, recreational area, open space or conservation easement is within a reasonably close proximity to the proposed subdivision;

b. The city council has formally adopted a park plan that establishes the needs and procedures for use of the money.

4. The city council may not use more than fifty percent of the dedicated money for park maintenance. (Ord. 588 § 1(part), 1996)