O-2019-3755 amending ch 86 "Development Regulations" of the code of ordinances

Browse Search

(3) In addition to the required dedication of land,as set forth above,there shall also be a park development fee paid to the City of La Porte as a condition to subdivision plat approval or issuance of a building permit. Such park development fee shall be set from time to time by ordinance of the City Council of the City of La Porte sufficient to provide for the development of amenities and improvements on the dedicated land to meet the standards for a neighborhood park to serve the area in which the subdivision is located.Unless and until changed by ordinance of the City Council of the City of La Porte,the park development fee shall be calculated on the basis of$318.00 per dwelling unit. (4) In lieu of payment of the required park development fee,a developer shall have the option to construct the neighborhood park amenities and improvements.All plans and specifications for the construction of such amenities and improvements must be reviewed and approved by the approving authority. The developer shall financially guarantee the construction of the amenities and improvements, and the City of La Porte must approve same,prior to the filing of a plat in the case of platted subdivisions.Once the amenities and improvements are constructed, and after the approving authority has accepted such amenities and improvements,the developer shall deed and convey such amenities and improvements to the City of La Porte or to the applicable homeowner's association. (5) In instances where land is required to be dedicated,the approving authority shall have the right to accept or reject the dedication after consideration of the recommendation of the parks and recreation director or the planning and zoning commission,and to require a cash payment in lieu of land in the amount provided under subsection(c)below,if the approving authority determines that sufficient park area is already in the public domain for the area of the proposed development or if the recreation potential for that area would be better served by expanding or improving existing neighborhood parks. (6) When two or more developments will be necessary to create a neighborhood park of sufficient size in the same area,the parks and recreation department,at the time of preliminary plat approval,will work with the developer to define the optimum location of the required dedication within the respective plats.Once a park site has been determined,adjacent property owners who develop around the park site shall dedicate land and(or)cash to the existing site unless otherwise determined by the approving authority,as provided herein. (c) Cash payment in lieu of land. (1) A developer responsible for land dedication under this section shall be required,at the approving authority's option,to meet the dedication requirements in whole or in part by a cash payment in lieu of land, in the amount set forth below.Such payment in lieu of land shall be made prior to filing the final plat for record, or prior to the issuance of a building permit where a plat is not required. (2) The cash payment in lieu of land dedication shall be met by the payment of a fee set from time to time by ordinance of the city council sufficient to acquire neighborhood parkland.Unless and until changed by the city council,such fee shall be computed on the basis of$490.00 per dwelling unit.A cash payment in lieu of land dedication, as set forth in this section, does not relieve the developer of its obligation to pay the park development fee of$318.00 set forth in subsection (bX3) above. The cash payment in lieu of land dedication is in addition to the required park development fee. (3) The general requirements for dedication of land and payment of park development fees and the cash payment in lieu of land are set forth graphically in table 1,attached hereto. (4) The City of La Porte may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase park land in a park zone, subsequent park land dedications for that zone shall be in cash only,the calculation of which is set forth as provided herein.Such cash payments are in addition to the payment of the required park development fee. (d) Special fund (1) All funds collected by this dedication process will be deposited in the City of La Porte's Park Development Fund and used for the purchase or leasing of park land and the development and maintenance of same.All expenditures from the said fund will be reviewed and approved by the Office of the City Manager for the City of La Porte. (2) The City of La Porte shall account for all sums paid into the parks development fund with reference to the individual plats involved.