A. This section applies to the following development:

1. Any new Development Plat, Preliminary Plat or Final Plat for development on a property zoned R-1 through R-5.
2. Any new Multi-Family Residential development.
3. Any new Mixed-Use development.
4. Any new development on a property zoned CR Regional Commercial district.

B. The following development is exempt from the requirements of this section:

1. Property platted prior to the adoption of this UDC that has already satisfied parkland dedication requirements.
2. Replats of property if no increase in dwelling units will occur.
3. Property zoned AG Agriculture District.
4. Property zoned P Public District.

C. All dedications or payments in lieu of dedication are due at the time of Final Plat approval.

A. Development in properties zoned R-1 through R-5 inclusive must dedicate public parkland at the rate of one and one-half (1-1/2) acres of parkland per one hundred (100) dwelling units or prorated portion thereof as depicted on the approved Site Plan, Development Plat or Preliminary Plat.
B. Development of Multi-Family Residential or Mixed-Use must dedicate parkland at the rate of one and one-half (1-1/2) acres of parkland per one hundred (100) dwelling units or prorated portion thereof based on one of the following:

1. The number of units shown on the Site Plan, if the property is a single-phase, does not require a Preliminary Plat, or is already platted but has not already satisfied parkland dedication requirements; or
2. The number of units projected at ultimate build-out of a multi-phase development at the time of Preliminary Plat; or
3. If the number [of] units is unknown at the time of Preliminary Plat, the highest number of units allowable for a Multi-Family Residential or Mixed-Use development under the zoning.

C. Future amendments or replats to an approved Development Plat, Preliminary Plat, Site Plan, or Final Plat that increase the number of dwelling units will increase the dedication required in accordance with the City Council-approved rate in place at the time of the amendment.

Required improvements to parkland property.
The following are the minimum designed elements to be included in dedicated parkland (to the City as public parkland or a property owners' association park) and must be reflected on associated Subdivision Construction Plans or Site Plan at the time of Construction Release:

A. Curb and gutter along all streets abutting the boundary of the parkland.
B. The same level of utilities provided within the abutting Subdivision or development must extend to the boundary of the parkland or as approved by the City Engineer (utilities include, but are not limited to, water, wastewater, electricity, and cable or fiber optic communication lines).
C. Above-ground survey markers installed at the corners of all property lines.
D. Any improvements required under a Development Agreement, Planned Development Master Plan, or otherwise agreed to in writing between the Subdivider or Developer and the City.
E. Construction of the improvements must be completed within three (3) years of the City's approval of the first Final Plat of the Subdivision or development.
F. Where the Subdivider or Developer is to provide improvements within parkland or abutting the parkland, the Subdivider or Developer must provide Fiscal Security consistent with § 2.4.4: Improvement agreements and fiscal security.

A. City Council may refuse any offered park dedication and require that a fee in lieu of dedication be paid in accordance with this subsection or require that the dedicated parkland be privately owned and maintained by a Property Owners' Association.
B. If suitable land for park dedication is not available, the Subdivider or Developer may propose one or more of the following payments in lieu of dedication:

1. A fee set by the City Council based on the market value of the required acreage;
2. Dedication and development of Public Paths (See minimum standards in subsection 6.3.7.B) consistent with the adopted Connectivity Plan, excluding development of paths in roadway buffers (see subsection 5.1.1.B.1);
3. Providing private parkland equal to the required public parkland dedication, provided that the private parkland conforms to the following:

(i) The property is deed restricted for use as a park;
(ii) The property is platted as a lot(s) and noted on the Final Plat as parkland;
(iii) The parkland is improved to the standards of subsection 6.3.5;
(iv) The parkland is developed with one or more of the following amenities: a community swimming pool, sports field, sports courts, playgrounds, dog park, or other amenities approved by City Council; and
(v) The parkland is owned and maintained by a Property Owners' Association.

C. The City shall determine the amount of the fee at the time of the first Final Plat application and the Developer or Subdivider must pay all fees prior to recording the first Final Plat.
D. The City will reserve the contributed fees for the purpose of land acquisition, construction of improvements associated with parkland, and purchase of equipment to the most direct benefit possible to the residents of the Subdivision.
E. If the City fails to expend all of the contributed funds on parks or improvements to parks within eight (8) years from the recording date of the most recent Final Plat, the property owner, Subdivider, or Developer may request in writing that the City refund any remaining funds.

Public paths.
Sufficient land shall be dedicated to conform to the City's Connectivity Plan and additional lands may be dedicated to expand the City's shared use path network, including construction of any paths not specifically identified in the Connectivity Plan, as follows:

1. For shared use path segments shown on the City's Connectivity Plan, public access easements shall be provided to the City for segments of the shared use path network shown in the Connectivity Plan and the area of these easements shall be included in the calculation of the amount of dedicated parkland required in subsection 6.3.3. The parkland credit will be calculated at twenty (20) feet multiplied by the estimated linear footage of the shared use path segment, as determined by the City Engineer. The obligation to construct and maintain the shared use path will be pursuant to the terms of the easement.
2. For shared use paths not shown on the City's Connectivity Plan, the area of these easements shall be included in the calculation of the amount of dedicated parkland required in subsection 6.3.3 if the proposed shared use path connects to an existing City shared use path, shared use path easement, or shared use path segment shown in the Connectivity Plan, and a public access easement is provided. The construction of these multipurpose paths shall be completed as part of the Subdivision or Site development as applicable and the maintenance of the shared use paths shall be the responsibility of the Property Owners' Association, unless otherwise approved by City Council.

B. Public path standards. Unless specified otherwise, all paths receiving parkland dedication credit shall be:

1. Designed as shared use paths to accommodate multiple lanes or modes of transportation, such as walking and biking;
2. A minimum of ten (10) feet in width;
3. Constructed to City specifications, specifications for path surfaces, bollards, and signs shall be provided by the City;
4. Conform to the requirements of the Americans with Disabilities Act, as may be amended; and
5. Placed in a right-of-way or pedestrian access easement. Pedestrian access easements shall be a minimum of twenty (20) feet in width. This may be a shared easement with public utilities as approved by the City Engineer.
6. See § UDC-7.3.2D.2.(ix) for Public Path Impervious Cover Calculation and Water Quality Standards.

See Section 6.3: Parkland and Path Dedication.