HomeMy Public PortalAboutOrdinances-2012-314 CITY OF TIFFIN ORDINANCE NO. 2012-314
AN ORDINANCE AMENDING SECTION 4.08 NEIGHBORHOOD OPEN SPACE
REQUIREMENTS
BE IT ENACTED BY THE CITY COUNCIL OF TIFFIN, IOWA:
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Section 1. Purpose. The purpose of this ordinance is to amend the Subdivision
Ordinance S ection 4.08 Neighborhood Open Space Requirements.
Section 2. Amendment. 'Section 4.08 Neighborhood Open Space Requirements will
now read as follows:
4.08 NEIGHBORHOOD OPEN SPACE REQUIREMENTS
- Preamble
The neighborhood open space requirements ensure that adequate usable
neighborhood open space, parks, and recreation facilities are provided in a manner
consistent with the neighborhood open space plan, as amended, by using a
'calculable method to equitably apportion the costs of acquiring and developing land
for thos&purposes. The provisions of this article require development, which
creates increased needs for neighborhood open space-("open space impact"), to
pay a proportionate share of the City's capital improvements to fulfill the open
space impact. Usable neighborhood open space includes pedestrian-bicycle trails
(preferably located within natural greenway systems) and neighborhood parks that
serve nearby residents. Portions of larger community parks may be adapted for
neighborhood use, but this article is not intended to fund the acquisition of r
community parks or large playing fields for organized sports. This article is also
intended to encourage, wherever reasonably feasible,�the dedication of sensitive
areas in conjunction with useable open space., .
A) APPLICABILITY: As a condition of approval for residential subdivisions, t
commercial subdivisions containing residential uses, and planned developments,
the applicant:will dedicate land, pay a fee in lieu of land, or a combination thereof,
for park, greenway, recreational and open space purposes, as determined by the
City and in accordance with the provisions of this article.
B) DEDICATION OF LAND:
1) Amount Of Land To Be Dedicated: The amount of land will be determined by first
calculating the entire size of the of the land area of the proposed development[as
shown on the preliminary plat or site plan and then to require dedication or
reservation of 5% of this amount for parks and open space.
2) Nature Of Land To Be Dedicated: Except as otherwise required by the ., itty,Tall"
dedications of land will meet the following criteria:
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a) Usability: At least 90% of the land required to be dedicated must be.located
outside of floodways, lakes or other water bodies, areas with slopes greater than
15%; wetlands subject to federal or state regulatory jurisdiction and other areas
the City reasonably deems unsuitable for neighborhood open space due to
topography, flooding or other appropriate considerations. The City encourages
the dedication of natural land that includes lakes, ponds, creeks, other water
bodies, wetlands falling under the jurisdiction of state or federalagencies and
other sensitive areas including woodland areas, both as 10% of in addition to the
dedicated land required by this article, if sufficient abutting land•is dedicated as a
usable, public recreation area or park.
b) Unity: The dedicated land must form a single_parcel of land, except where the
City determines that two or more parcels or greenways-trails would best serve
the public interest, given the type'and distribution of neighborhood open space
needed to adequately serve the proposed-development:,If the City determines
that two (2) or more parcels would best serve the public interest, the City may
require that such parcels be connected by a dedicated strip of land at least
twenty feet.(20') wide in order to provide`access and continuity,between said
' parcels.
c) Location: The dedicated land must be located so as to,reasonably serve the
recreation and open space needs of the residents of the subdivision or planned
development.
d) Shape: If a sufficient amount of land is dedicated to accommodate recreational
facilities and activities, such as fields, courts or playground equipment, the shape
of the dedicated land must be suitable for such facilities and activities. Linear
open space should be of sufficient width to accommodate trails and,adjacent
greenways.
e) Access:
i. Greenways and Trails: Public access`to greenways and trails must be
provided by a public access-easement at least,20 feet in width.
In addition, greenways and trails must be: connected to existing or
proposed greenways and trails on adjacent property.
ii. Parks: Public access to the dedicated land to be used for parks must
be provided either by adjoining public street frontage or by a dedicated public
'-access easement at least 50 feet in width, which connects the dedicated land to
a public street or right of way. 4
The grades adjacent to existing-and proposed streets must permit
reasonable access to the dedicated land. The parcel must be safely accessible
to pedestrian traffic.
f) Responsibility For Site Preparation:
i. The City may require the subdivider or developer to grade and seed
those portions of tile dedicated land'to be improved prior to dedication of the
property and prior to the'City's acceptance of the dedication.
ii. Where the dedicated land is located adjacent to a street, the subdivider
or developer will remain responsible for the installation of utilities, sidewalks and
- other improvements required along that street segment.
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-iii. Prior to dedication, the subdivider or developer will be responsible for
restoring satisfactory ground cover and controlling erosion on land to be t
dedicated that has been disrupted as a result of development activities by the
subdivider or developer.
3) Procedure For Dedication Of Land:
a) The dedication of land must be reviewed as part of the
preliminary subdivision plat or preliminary planned development
plan, whichever is applicable. The subdivider or developer must
designate the area or areas of land to be dedicated pursuant to
this article on the preliminary subdivision plat or planned
development plan. Where wetlands have been delineated on the
property, the preliminary subdivision plat or planned
development plan must also identify the boundaries of such
wetlands.
b) Upon receipt of the preliminary subdivision plat, all reviews will
be done by Planning and Zoning according to Planning and
Zoning procedures.
C) PAYMENT OF FEES IN LIEU OF LAND DEDICATION
1) General: The payment of fees in lieu of dedication of land may occur at the request
of the subdivider or developer with approval By the City, or may be required by the`
City. The payment of fees in lieu of land dedication must be reviewed and approved as
part of the preliminary subdivision plat or preliminary planned development.
2) Request by Subdivider or Developer:
a) If a payment in lieu of open space is requested, the subdivider or developer must
include such request in a letter submitted with the application for a preliminary
subdivision or preliminary planned development, whichever is applicable.
b) The City Clerk Will forward a copy of the preliminary subdivision plat or preliminary
planned development, along with a copy of the letter requesting payment of fees in
lieu of land dedication to the planning and zoning commission.
c) The planning and zoning commission will consider the request for payment of fees
in lieu of land-dedication during the subdivision or planned development review
process and forward its recommendations to the City council.
3) Determination Of Fees In Lieu Of Dedication Criteria: The City,may, at its discretion,
require the payment of fees in lieu of the'subdivider dedicating land, if the City finds that
all or part of the land required for dedication is not suitable for public recreation and
open space purposes, or upon a finding that the recreational needs'of the proposed
subdivision can be met by other park, greenway, or recreational facilities planned or
constructed by the City within reasonable proximity to the subdivision. The City will
consider the following factors in making its determination:
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a) Recreational and open space elements of the City comprehensive plan, as
amended, and the relation of the subdivision to the proposed open space and
recreational areas;
b) Topographic and geologic conditions of the land available for dedication;
c) Size, shape, location of and access to the land available for dedication;
d) The character and recreational needs of the neighborhood where the subdivision
is located;
e) The costs of developing open space and recreational areas in the subdivision;
f) The actual or potential development of open space and recreational areas on land
adjacent to the subdivision which will serve the needs of the subdivision;
g) Recommendations of staff, the parks and recreation commission and the planning
and zoning commission; and
h) Any other relevant information.
4) Time Of Payment: Fees in lieu of dedication must be paid in full by the subdivider or
developer prior to the issuance of the first building permit for a lot in the subdivision or
planned development.
5) Amount Of Payment: The cash value of said land will be determined by taking the
total purchase price or cost of all the land in the proposed subdivision and charge the
owner the proportionate value of the land area so designated;-based upon such
purchase price or cost; provided such purchase price or cost is the current fair and
reasonable value of the land..lf such purchase price or cost does not reflect the current
fair value of the land, the fair value of said land must be determined by an impartial
appraisal, and in such manner as may be designated by the City Council, cost for said
appraisal to be shared equally between the subdivider and the City.
D) REQUIRING BOTH DEDICATION OF LAND AND PAYMENT OF FEE:
The City may, at its discretion, require a subdivider or a developer of a planned
development to dedicate a portion of the land required under the formula set forth in this
article, and also to pay a fee in lieu of dedication for the remaining portion of the land by
said formula. The fee for the remaining portion will be determined by a qualified real
estate appraiser who is acceptable to both the City and developer. The City and
subdivider or developer will equally share the appraisal costs.
E) USE OF FUNDS:
1) All funds so Ievied,,assessed and collected by the City will be deposited in a special
fund to be known as the "Special Fund for the Acquisition and Development of Public
Service Areas, Open Space and Recreational Facilities", and that said funds so levied
and collected must be used for such purposes at such places and in such a manner as
will be approved, ordered and directed by the City Council or their designee.
Any interest accumulated upon such funds must be added to the "Special Fund" and
be used only for acquisition and developments of open space and recreational
facilities.
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2),If the City has not spent the funds by the last day of the five year period or, if
extended, by the last day of an additional five years, the"City must within ninety days
thereafter, mail to the property owner, at the address on file with the Johnson County-
treasurer's office, a proportional refund based on the percentage of the platted lots
they own of the total platted lots in the subdivision or planned development. The
subdivision agreement or' development agreement for each subdivision,or planned
development`for which the developer has made payments in lieu of dedication must" '-
inform all property owners and successors in interest to properties in the subdivision
or planned development of the right to a refund as provided herein. r
Section 3. Penalty Proviion. The city may elect, at its sole discretion, to prosecution
any violation either as"simpleTmisdemeanor or a municipal infraction.
Section 4. Repealer.,All ordinances or parts of ordinances in conflict with°the
provisions of this Ordinance are hereby repealed.
Section 5. Severability. If any section, provision, or part of this ordinance shall bed
• adjudged to be invalid or unconstitutional, such adjudication shall not affect the'val`idity
of the ordinance as a whole, or any section, provision, or part thereof not adjudged
invalid or unconstitutional.
Section 6. Effective Date. This ordinance shall be'in effect after' its final passage,
approval, and posting as provided by law. . "
On the-8th day of August, 2012 at the Regular City Council meeting of the'Tiffin, Iowa
City-Council, Councilperson•Weipert introduced•Ordinance No. 2012-314 AN
ORDINANCE AMENDING SECTION 4.08 NEIGHBORHOOD OPEN SPACE
REQUIREMENTS and moved that it be given its first reading. The motion was
seconded by Councilperson Ball.
Ayes: Ryan, Bartels, Weipert, Ball, Upton
Nays:. none ..
Absent:.none
Five members of the council being present and having voted "Aye", Mayor'Steve
Berner declared the motion carried and Ordinance No. 2012-314 AN ORDINANCE
AMENDING'SECTION 4.08 NEIGHBORHOOD.OPEN SPACE REQUIREMENTS was
read the first time, discussed and placed on record. ,
On the 22"d day of August,.2012 at the Special City Council meeting of the Tiffin, City
Council, Councilperson Upton introduced Ordinance No. 2012-314 AN ORDINANCE
AMENDING SECTION 4.08 NEIGHBORHOOD OPEN SPACE REQUIREMENTS and
moved that it be given its second'reading. The motion was seconded by Councilperson
Ryan. ; t
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Ayes: Upton, Bartels;Ryan
Nays:Tione
Absent: none • - . - .
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Three members of the council being present and having voted "Aye",-Mayor Steve .
_. Berner declared the,motion carried and Ordinance No. 2012-314 AN ORDINANCE
AMENDING SECTION 4.08 NEIGHBORHOOD OPEN SPACE REQUIREMENTS was
read the second time, discussed and placed on record , •
,. On the 12th-day of September,-2012 at the Regular Cif' Council meeting of the Tiffin, -
City Council, Councilperson Ryan introduced Ordinance No. 2012-314 AN * ._
ORDINANCE AMENDING SECTION 4.08,NEIGHBORHOOD OPEN SPACE
REQUIREMENTS and moved that it be given its second reading.-The motion was
seconded by Councilperson Upton. , ,
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. Ayes: Upton, Bartels, Ryan'
Nays: none
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Absent: none ..,
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- Three members of the council being present and having voted "Aye", Mayor Steve ,“
Berner declared the motion carried and Ordinance No. 2012-314 AN ORDINANCE
AMENDING SECTION 4.08 NEIGHBORHOOD OPEN SPACE REQUIREMENTS was
read the-third time, discussed and placed on.record „ ,
Passed and adopted by the Citytouncil on the 12th day of September, 2012. ..
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CITY OF TIFFIN, IOWA I - . a —
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Michon Jacks. , City Admin trator/Clerk -. Steve Berner,'Mayor
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