Subd. 1.   Intent. The City Council recognizes that the health, safety and welfare of all people depends greatly on the quality and character of their environment. Thus, preserving and enhancing the quality and importance in the planning and development of the City.

Dedicating a portion of land to the City for parks, playgrounds, and public open spaces at the time of residential, commercial and industrial development is an essential means to provide and maintain the high quality environment today's citizens demand and to ensure that it will continue to exist for future residents.

Furthermore, the City Council recognizes that new residential, commercial and industrial developments contribute to increased demands for parks, playgrounds and public open spaces by new residents, workers and visitors and that these demands are directly related to the density and intensity of development which is permitted in any district. Therefore, it is the policy of the City that the following standards and guidelines for the dedication of land for parks, playgrounds, and public open spaces, or cash contributions in lieu of such dedication, shall be directly related to the density and intensity of each subdivision and development which occurs within the City.

   (1)   Land proposed to be dedicated for public purposes shall meet identified needs contained in the City's Comprehensive Park and Trail Corridor Plans.

   (2)   To be eligible for park dedication credit, no less than 100% of the land dedicated shall be located outside of drainways, flood plains or ponding areas after the site has been developed unless specific purposes for land proposed to be dedicated for public purposes shall be identified in the City Comprehensive Plan for Parks and Trails Corridor Plan. (Amended by Ordinance 88-8, passed June 28, 1988.)

   (3)   In those cases where subdividers and developers of land provide significant amenities, such as, but not limited to, swimming pools, tennis courts, handball courts, ball fields, etc., within the development for the benefit of those residing or working therein, and where, in the judgment of the City Administrator, such amenities significantly reduce the demands for public recreational facilities, he may recommend to the City Council that the required amount of land to be dedicated for park, playground, public open space (or cash contributions in lieu of such dedication) be reduced by an amount not to exceed 20%.

   (4)   The City may permit easements to be dedicated for trail corridors which are identified in the City's Trail Corridor Plan thereby allowing the developer to include the land area in the determination of setbacks and building density on the site; however, park dedication credit shall not be given in such cases to the easement.

   (5)   Exceptions to these provisions shall be reviewed and recommended by the Park and Recreation Commission.

Subd. 3.   Residential Dedication Requirements. A person who desires to subdivide property for purposes of urban development shall, as a prerequisite to approval of lot division or final plat, dedicate to the public for use as a park, playground, or open space, a percentage of the land being platted or developed as hereinafter specified. In the alternative, the subdivider shall at the option of the City, pay to the City a sum of money based upon the fair market value of the undeveloped land in lieu of dedicating property, which the City shall use in the acquisition, development or maintenance of public parks, playgrounds or debt retirement in connection with the public space. Any such cash payment received shall be placed in a separate fund maintained by the City and used only for those purposes. In establishing the percentage of land to be dedicated, or the cash value to be donated, the City Council shall take into account the open space, park, recreational or common areas or facilities which the subdivider proposes to reserve for the subdivision. These parks, playground and open space areas shall be independent of and distinct from the areas dedicated to the public for use as streets or for utility easements, sewers, water facilities, storm water drainage, holding ponds, run-off improvements, trails or other similar utilities or improvements.

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 fair market value of the land no later than at the time of final approval. Any cash payments received shall be placed in a special fund by the City and used only for the purposes for which the money was obtained. In establishing the reasonable portion to be dedicated, the regulations may consider the open space park, recreational or common areas and facilities which the applicant proposes to reserve for the subdivision. The City reasonably determines that it will seek to acquire that portion of land for the purposes stated as a result of approval of the subdivision.

The City of Rockford finds that parks, playgrounds, green areas and open spaces improve the value of property in the City, provides amenities and outlets for citizens, preserves natural environment, and in many ways improves the health, safety, welfare and morale of the citizens of the City of Rockford. In order to facilitate such improvements, the City of Rockford finds that park land, playground areas, green and open spaces are necessary in all new developments, lot divisions, subdivisions of land within the City. In order to provide uniform benefit to all residents of said areas, the City of Rockford requires subdivider and developers of land to dedicate land to the City or at the City's option, to make a cash donation for the City to acquire land and park equipment and for other related purposes.

The City requires that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as street, roads, sewers, electric, gas and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements.

The form of contribution (cash or land, or any combination thereof) shall be decided by the City Council upon recommendation of the Park and Recreation Commission and based upon need and conformance with the City's Comprehensive Plan.

The amount of land/cash shall be determined as follows:

TYPE OF USE: SUBDIVISION (Land dedication = 10% of gross land area)

Cash Dedication:

Single family:            $1,724.00

Townhouse:            $1,724.00 per unit

Apartment:            $1,724.00 per unit plus

               $50.00 per bedroom above the first bedroom

(Amended by Ordinance 05-13, passed October 25, 2005)

TYPE OF USE: NEW CONSTRUCTION/PREVIOUSLY PLATTED

Cash Dedication:

Single family:            $1,724.00

Two family:            $1,724.00 per unit

Townhouse:            $1,724.00 per unit

Apartment:            $1,724.00 per unit plus

               $50.00 per bedroom above the first bedroom

(Amended by Ordinance 04-10, passed July 13, 2004)

(Amended by Ordinance 05-13, passed October 25, 2005)

Subd. 4.   Required Improvements. Developers shall be responsible for making certain improvements to their developments for park, playground, and public open space purposes:

   (1)   Developers must provide finished grading and ground cover for all park, playground, and public open spaces within their development contract or site plan approval responsibilities.

   (2)   Developers must construct and pave all proposed trails concurrently with the roads in their development; i.e., grading with site grading and paving with street or parking lot paving. City staff may recommend deviation from this policy in the case of individual hardship in terms of the timing of installation of such trail facilities when they are identified in the City's Trail Corridor Plan.

   (3)   Developers will not receive park dedication credit for trails which are not identified in the City's Trail Corridor Plan, or for connecting these trails to any existing or proposed trails which are identified in the City's Trail Corridor Plan.

   (4)   Developers will not receive park dedication credit if sidewalks are constructed in the street right-of-way in lieu of trails within the development.

Subd. 5.   Commercial and Industrial Dedication Requirements. A commercial subdivision of property shall be required to pay a park dedication fee of $250 per acre.

Sidewalk. A sidewalk is defined as a public walkway constructed within the street right of way.

(Section 1008 added by Ordinance 87-6, passed July 28, 1987; Amended by Ordinance 96-04, passed July 8, 1996.) (Amended by Ordinance 97-09, passed April 28, 1997.)