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<br />I <br />,II; <br /> <br />ORDINANCE NO. 739 <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />AN ORDINANCE RELATING TO PARK DEDICATION; <br />AMENDING NEW BRIGHTON CITY CODE SECTION 26-50. <br /> <br />THE <br /> <br />Y COUNCIL OF THE CITY OF NEW BRIGHTON ORDAINS as follows: <br /> <br /> <br />Section 26-50 of the City Code is amended as follows: <br /> <br />ec. 26-50. Land Required. <br /> <br />1) Dedication to City. The owners of land being subdivided shall dedicate to the City a <br />easonable portion of the land for use as public parks, playgrounds, trails or open space. <br /> <br />A. In all residential subdivisions it shall be presumed that a reasonable amount <br />of land has been dedicated for parks and playgrounds if the subdivider <br />dedicates at least ten percent of the total land in the proposed subdivision. <br />The City shall determine whether a cash payment in lieu of land dedication <br />is appropriate. <br /> <br />B. In all commercial and industrial subdivisions, it shall be presumed that a <br />reasonable amount of land has been dedicated to serve the needs cif the <br />resident and working population for parks and playgrounds if the subdivider <br />dedicates at least ten percent (10%) of the land in the subdivision for parks, <br />recreation and usable open space. The City shall determine whether a cash <br />payment in lieu of land dedication is appropriate. <br /> <br />C. The dedication of a portion of land for parks or playgrounds, or the payment <br />of cash in lieu thereof, provided for above shall be presumed to be <br />reasonable. However, upon the request of the applicant, the <br />recommendation of Parks, Recreation, and Environmental Commission, or at <br />the discretion of the Council, the City may either increase or decrease such <br />dedication or payment upon a determination by the Council that such <br />dedication or payment is unreasonable or insufficient given the specific <br />characteristics of the proposed subdivision and its intended use. <br /> <br />(2) Suitability of Land. The City may determine the location and configuration of any <br />land dedicated fef.. taking into consideration the suitability of the land for its intended <br />purpose and future needs of the community for park, playground, trail, or open space <br />property. <br /> <br />I <br />