19970812OR1813AN ORDINANCE AMENDING SECTION 512 OF THE CITY OF BLAIR SUBDIVISION
REGULATIONS, SUCH AMENDMENT EXEMPTING FROM MANDATORY LAND
DEDICATION FOR PARKS, RECREATIONAL AND OPEN SPACES, OR FEES IN LIEU OF
MANDATORY DEDICATION ALL AGRICULTURAL /BUSINESS AND COMMERCIAL
DISTRICT SUBDIVISIONS AND ALL SUBDIVISIONS NOT CONTIGUOUS TO OR
INCLUDED WITHIN THE CITY LIMITS OF BLAIR, NEBRASKA, REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. Section 512 of the City of Blair, Nebraska Subdivision Regulations is
amended to read as follows:
ORDINANCE NO. 1 R 1 R
SECTION 512 PARKLAND DEDICATION AND PAYMENTS IN LIEU OF
DEDICATION
The subdivider who subdivides land shall dedicate a portion of such land, or pay a fee, as
set forth in this Article for the purpose of providing park, recreational facilities, and open spaces
to serve future residents.
The amount of land to be dedicated by a subdivider pursuant to this ordinance shall be
5% or .5 acre, whichever is greater, of the land area comprising the total land area in the
proposed subdivision as reflected in the final subdivision plat. If a subdivider so desires, the
subdivider may elect to pay a fee in lieu of land dedication, provided, however, the City may
reject subdividers election and require land dedication. Where a subdivider is required to pay a
fee in lieu of land dedication, the amount of such fee shall be based upon the fair market value of
the amount of land comprising the total land area as indicated in the final subdivision plat. The
amount of such fee shall be 8% of the fair market value of the total land area comprising the
proposed subdivision as indicated in the final subdivision plat.
Fair market value shall be determined as of the time of filing the final plat in accordance
with the following:
(1) The fair market value as determined by the City Council based upon fair market
value appraisals considering all of the uses and purposes for which it might
reasonably be used; or
(2) If the subdivider objects to the amount of valuation the subdivider may, at its
expense, obtain an appraisal of the property based on the highest and best use of
the property by a qualified real estate appraiser approved by the City, which
appraisal may be accepted by the City Council, if found reasonable; or
(3)
The City and the subdivider may agree as to the fair market value.
The procedure for determining whether the subdivider is to dedicate land or pay a fee
shall be as follows:
(1) At all times, the City Council shall have the power to require land dedication or a
fee in lieu of land dedication, regardless of subdivider's election to dedicated land
or pay a fee. The City Council shall not approve any preliminary plat or final plat
which has not complied with this ordinance.
(2) At the time of the filing of the preliminary subdivision plat for approval, the
subdivider of the property shall, as a part of such filing, indicate whether
subdivider desires to dedicate land for park and recreational purposes, or whether
subdivider desires to pay a fee in lieu thereof or provide private recreational area
if accepted by the City Council. If subdivider desires to dedicate land for this
purpose, subdivider shall designate the area thereof on the preliminary plat as
submitted and all dedicated land shall be contiguous.
(3)
(4) Where a dedication of land is required, it shall be accomplished in accordance
with the provisions of the Subdivisions Regulations. Further the subdivider shall
convey the dedicated land to the City by deed, and the deed shall be delivered to
the City upon arrival of the final plat. The final plat will contain all dedicated
park land and the name of the park.
(5)
At the time the preliminary plat is submitted for approval, the City Council shall
determine as a part of such approval, whether to accept a dedication of land within
the subdivision, or a payment of a fee in lieu thereof. The minimum size of a
dedication of land for park purposes shall be .5 acre.
Where fees are required, the same shall be paid and deposited with the City prior
to the approval of the final plat, or in the alternative, the subdivider shall pay the
fees within twelve months from the date of the approval of the final plat, provided
that subdivider furnishes written agreement to pay said fees and personal note for
total amount of fees, subject to the approval of the City, to the City prior to the
approval of the final plat. The City shall not issue any building permits for
construction on more than one -third of the lots in any subdivision until the fees
are paid and shall not issue any building permits for construction on any lots after
the expiration of the twelve month period until said fees are paid.
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(6) At the time the final plat is approved, and land is dedicated, the City Council shall
designate the time when the development of the park and recreational facility shall
be commenced.
Land and fees received under this Ordinance shall be used only for the purpose of
providing park, recreational facilities and open spaces to serve the approximate area of the
subdivision for which received and location of the land and amount of fees shall bear a
reasonable relationship to the use of the park, recreational facilities and open spaces by the future
inhabitants of the subdivision.
Exceptions: The following subdivision shall be exempt from mandatory land dedication
for park, recreational and open spaces, or fees in lieu of mandatory dedication of land for park,
recreational and open spaces, as follows:
(1) All lot split subdivisions as provided in Article VII, Section 705, of this
subdivision Regulations Ordinance.
(2) All light or heavy industrial park subdivisions (except those areas specifically
designated as parks, recreational areas or open space on the Comprehensive Plan).
An industrial park subdivision shall require all of the real estate within the
subdivision to be zoned industrial pursuant to the Zoning Ordinances of the City
of Blair.
(3)
All agricultural /business and commercial district subdivisions (except those areas
specifically designated as parks, recreational areas or open space on the
Comprehensive Plan). An agricultural /business and commercial district
subdivision shall require all of the real estate within the subdivision to be zoned
business or commercial pursuant to the Zoning Ordinances of the City of Blair.
(4) All other subdivisions a portion of which are not either contiguous to or located
within the city limits of the City of Blair, Nebraska (except those areas
specifically designated as parks, recreational areas or open space on the
Comprehensive Plan).
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. This ordinance shall be in full force and effect from and after its passage
and publication hereof as provided by law.
Passed and approved this 1 t h day of August, 1997.
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■ ri l .e,41. -1, 1-t.)
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
MICHAEL A. MINES, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance
was passed and approved at a regular meeting of the Mayor and City Council of the City of Blair,
Nebraska held on the 12 t h day of August, 1997.
ALICE I. DIEDRICHSEN, CITY CLERK