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-... ' .f ~ . -." -.- '. I; , . '. ORDINANCE NO. 558 STATE OF MINNaSOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON ~: ~'" --..'-\. ,AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-27 OF THE NEW BRIGHTON CITY CODE ESTABLISHING PARK LAND DEDICATION REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF NEW BRIGHTON DOES ORDAIN: Section 1. The Code of Ordinances of the City of New Brighton, Minnesota, is hereby amended by adding Section 26-24 which reads: a. Land Dedication The owners of land being subdivided shall dedicate to the City a reasonable portion of the land for use as public parks, playgrounds, trails or open space. Generally, the reasonable portion should not be less than 10% of the total land in the proposed subdivision. The City 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. This paragraph shall apply to all new residential developments, and lot combination/redivisions meant to facilitate residential development. It shall not apply to lot combination/redivisions which do not increase the number of single family residential lots, conversion of apartments to condominiums, or internal leasehold improvements. b. Contribution in Lieu of Land At the City's option, the subdivider shall contribute an amount in cash, in lieu of all or a portion of the land required under Subdivision 1, as set by resolution of the New Brighton City Council. Fees shall be based on the number and type of dwelling units the subdivision will accommodate. c. Land Title Prior to the dedication of the required property, the subdivider shall provide the City with an acceptable title opinion or title insurance policy addressed to the City which insures the title and the City'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 City. If this land is not formally dedicated to the City with the final plat, the subdivider shall record all deeds for conveyance of the property to the City at the same time as the final plat or other appropriate division documents. d. Land Acceptability At the City's option, the following properties shall not be accepted for purposes of the owner's compliance with subdivisions 1 or 2 of 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. 8. Cash Contributions :, ~:< ':::~'~' .'~~>~""'Jt~~'~M:'",~'::':.'(';;;,~,':i",,!',~.