Fridley City Zoning Code

1. In every subdivision of land, a reasonable portion of such land shall be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails, or public open space.

2. It is hereby found and declared that, pursuant to Minnesota Statutes § 462.358, subd. 2b, as a prerequisite to subdivision approval, it is reasonable to require dedication of an amount of land equal in value to that set forth in this section (or require a cash contribution in lieu of such dedication).

3. This dedication shall be in addition to the land dedicated for streets, alleys, storm water ponds and other public purposes.

4. Previously subdivided property from which a park dedication has been received, that is being re-subdivided with the same number of lots, is exempt from park dedication requirements. If, as a result of re-subdividing the property, the number of lots is increased, then the park dedication or per-lot cash fee must apply only to the net increase of lots.

1. Land Suitability

(a) Land to be dedicated must be suitable for its intended public use and must be at a location convenient to the people to be served. Factors used in evaluating the adequacy of the proposed park and recreation areas include size, shape, topography, geology, hydrology, tree cover, access, and location.

(b) The City is not required to accept land which will not be usable for parks, recreational facilities, playgrounds, trails, or open space or which would require extensive expenditures on the part of the City to make them usable.

(c) All land dedicated for parks, recreational facilities, playgrounds, trails or public open space must be designed to incorporate natural features as much as possible, such as rivers, streams, wetlands, wildlife habitats, woodlands and ponding areas.

2. As part of the subdivision approval, the applicant is responsible for making certain improvements to dedicated park land, including, but not limited to, finish grading, ground cover, construction of trails, and clearly identifying park and trail boundaries with City-approved markers.

3. Prior to the dedication of the required property, the developer must:

(a) Provide a survey with topographic data, including contours at vertical intervals of at least two feet, watercourses, wetlands, marshes, rock outcrops, easements, utilities and vegetative data. Portions of any property dedicated to the public for park and recreation purposes to be used for borrow and fill activities elsewhere in the development must be clearly identified.

(b) Provide the City with evidence of title in a form acceptable to the City Attorney and a title insurance policy ensuring the City's interest in the property. In any dedication of required land, the developer must have good and marketable title to the land, free and clear of any mortgages, liens, encumbrances or assessments, except easements or minor imperfections of title acceptable to the City. The developer must provide the City with a warranty deed for the property. The warranty deed must be provided at the time of recording of the final plat.

4. If the City accepts park dedication in an amount less than the amount required by Section 642.03, the applicant shall pay cash in lieu to the City; the appraised fair market value of the remaining land required to be dedicated. The appraised value of the remaining land required to be dedicated shall be determined by the method specified in Section 642.04.

1. The amount of land required for public dedication will be calculated in the following manner:

(a) 10% of all the gross area of residential zoned property to be subdivided; and

(b) Three% of the gross area of commercial or industrial zoned property to be subdivided.

1. The City may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the average fair market value of the land no later than at the time of final approval.

2. The City may elect to receive a combination of land and cash for park use. The City will determine the amount of land dedication that it requires, and the cash contribution will be calculated based on the percentage of unmet land dedication.

3. Any cash payments received must be placed in a special fund which will be held and used by the City to acquire land for, or to improve, parks, recreational facilities, playgrounds, trails, or public open space. Cash payments will not be used by the City for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, or public open space.

4. The City will require a cash payment in lieu of parks, recreational facilities, playgrounds, trails, or public open space dedication whenever:

(a) The proposed dedication of land for public use is not needed;

(b) The proposed dedication of land for public use is not suitable for the intended use;

(c) The proposed dedication of land is too small for practical maintenance; or

(d) The cash payment would be more beneficial to the development of the overall park system than dedication of the land within the property to be developed.

5. Determination of Cash Payment

(a) Cash contributions must be paid according to the Fees Chapter of the City Code. Payment of the cash contribution will be required at the time of recording of the final plat.

(b) If the applicant disputes the amount of the proposed cash contribution in lieu of land dedication, the park dedication fee will be determined as follows:

(1) The applicant must obtain an appraisal of the market value of the property at the time of final subdivision approval at their own expense. The appraisal must be made by approved members of the Member Appraisal Institute (MAI), or equivalent real estate societies.

(2) A percentage equal to the percentage of land to be dedicated will be applied to the market value and shall be the park dedication fee.

(3) If the City disputes such appraisal, the City may, at the applicant's expense, obtain an appraisal of the property by a qualified real estate appraiser.

1. The requirements of this section for dedication of land or for contribution of cash in lieu of land apply at the time of final subdivision approval, and apply to any subdivision which receives final approval.

1. The dedication requirements based on the development's proportional share of the City park system are presumptively appropriate.

2. A developer may request a deviation from the presumptive requirements as part of an application for final plat approval based upon:

(a) The anticipated impact of that particular subdivision;

(b) Existing park and recreational facilities; or

(c) Proposed parks, open space, recreational, or common areas and facilities open to the public as designated on development plans.

3. The City Council, after consideration of the request, may modify or reduce the requirements of this section.

1. No credit to the requirements of this section will be given for private park, recreational facilities, or trails.