03-26-2002 Planning Commission Meeting with Sibley Township

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PARK ORDINANCE DIVISION 120 SECTION 120-010 OF THE TOWNSHIP OF SIBLEY,COUNTY OF CROW WING, STATE OF MINNESOTA The Sibley Township Planning Commission and Board of Supervisors does ordain as follows: Purpose and intent: The purpose and intent of this ordinance is to enact regulations and controls for the dedication of parks within Sibley Township,County of Crow Wing,State of Minnesota. Section 120-020 Dedication to the Public-Standards The developer of a sub-division shall dedicate 10% of his usable land to the public for park purposes, or at the option of the Sibley Township Board,shall pay the township an amount equal to 10% of the current estimated market value of the land prior to development with a minimum fee of$500 and a maximum fee of$5,000 per lot/unit. For the purposes of this Section, "estimated market value" is defined by the Crow Wing County Assessor,as of the date the subdivision/development is granted final approval by the Sibley Township Board or designated body. This paragraph shall apply to all land subdivisions, including land subdivided by metes and bounds description. It shall not apply to lot combinations which do not increase the number of developable lots; adjustment of a lot line by relocation of a common boundary; parcels resulting by a Court order(s); residential parcels created that are greater then 20 acres in area and 500 feet in width; or cemetery lots. a. Sibley Township Board may determine the location and configuration of any land dedicated,taking into consideration the suitability of the land for its intended purpose and future needs of the community for park,playground,trail or open space property. b. The Park and Recreation Commission and the Planning and Zoning Commission shall give recommendations to the Township Board regarding land dedication or cash in lieu of land. c. Prior to the dedication of the required property,the subdivider shall provide the town with an acceptable title opinion or title insurance policy addressed to the town,which insures the title and the town's proposed interest in the property. In any dedication of required land,the subdivider must transfer good and marketable title to the city,free and clear of any mortgages,liens,encumbrances or assessments,except easements or minor imperfections of title acceptable to the town. If this land is not formally dedicated to the town with the final plat,the subdivider shall record all deeds for conveyance of the property to the town at the same time as the final plat or other appropriate division documents. d. At the town's option,the following properties shall not be accepted for purposes of the owner's compliance with this section: 1. Land dedicated or obtained as easements for stormwater retention,drainage, roadway and other utility purposes. 2. Land which is unusable or of limited use; and 3. Land that is protected wetlands/floodplain area. e. Cash contributions for all subdivisions must be paid before the town signs the final plat, deed or certificate of survey. Cash contributions for all other types of residential, commercial,office or industrial developments,where park dedication applies, must be paid before the city issues the first building permit for the project.