§ 16.68.010. Public sites and open spaces.

A.

Dedication and Reservation of Lands. Whenever a tract of land to be subdivided embraces all or any part of a street, drainageway or other public way which has been designated in the master plan, comprehensive plan component or on the official map of the city, the public way shall be made part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on the plan or maps and in accordance with this section.

B.

Determination.

1.

Whenever a proposed school site, park, playground, greenway, open space or other public land, other than streets or drainageways, designated in the master plan, comprehensive plan component or on the official map of the city is embraced, all or in part, in a tract of land to be subdivided, these proposed public lands shall be made a part of the plat and shall be dedicated to the public at the rate of one thousand (1,000) square feet for each proposed dwelling unit, and the proposed public lands, other than streets or drainageways, in excess of the rate established in this chapter shall be reserved for a period not to exceed one year from the date of final plat approval, unless extended by mutual agreement for purchase by the public agency having jurisdiction, or unless extended by a mutual agreement for acquisition by the city. The purchase price shall be the present fair market value of the lands in an undeveloped state as indicated by impartial appraisal. Costs for the appraisal are to be shared equally between developer and city.

2.

No subdivision shall be approved unless the subdivider dedicates to the city land for open space, park, playground or greenway as the city deems appropriate at the rate of one thousand (1,000) square feet for every proposed dwelling unit. This dedication of public lands shall be required regardless of whether the park, playground, greenway, open space or other public land is designated on the master plan, comprehensive plan, component or official map of the city.

In the event a proposed subdivision of property involves less than fifty (50) dwelling units, the city may conditionally allow part of the property to be developed, provided that the public lands are dedicated in accordance with this section at the time the balance of the subject property is developed.

A restrictive covenant to that effect shall be recorded against the undeveloped parcel, or the city shall make a determination that no such dedication is required if the city determines it is unlikely that the remaining property, when developed will involve the number of dwelling units requiring land dedication.

C.

Payments in Lieu of Dedication.

1.

The provision of this section applies to all subdivisions in the City of Juneau, including minor subdivisions and zero lot line lots.

If the plan commission determines that land dedication is not in the best interest of the city, a park fee of two hundred dollars ($200.00) for each dwelling unit in R-1, R-2 and three-bedroom multifamily dwelling units and in the case of multiple residences, an amount of cash equal in value to one hundred fifty dollars ($150.00) for one- and two-bedroom dwelling units in multifamily dwelling units shall be paid by the subdivider in lieu of land dedication.

The fees required in lieu of dedication shall be paid to the city treasurer at the time of first application for approval of a final plat of the subdivision.

2.

Special Fund. All funds so collected by the city shall be deposited as "special fund for the acquisition and development of public sites, recreation areas, open spaces and greenways" and that the funds so levied and collected shall be used for such purposes at such places and in such manner as shall be approved, ordered and directed by the city upon recommendation by the plan commission and which shall be consistent with this chapter, the master plan, comprehensive plan component or official map of the city and authorization for creation of such fund is granted. Any and all interest accumulated upon such funds shall be added to the special fund and be used only for acquisition and developments for such purposes.

D.

Development of Dedicated Area. The city shall properly develop and maintain the dedicated areas. The owner who dedicated such land shall in no way be responsible for its development, maintenance or liability thereon, except that such owner shall not develop the surrounding area in a manner which would unduly depreciate the purpose, use or value of the dedicated property.

(Ord. 107-2004; Ord. 105-2004; Ord. 3-1998 (part): Ord. 213 § 1, 1996; prior code § 10-3-17)