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June 16, 2022 <br />121 <br /> <br />proposed. In the event of a dispute as to the estimated population of the proposed <br />residential subdivision, the determination of the Planning Commission staff shall control. <br />2. For the purposes of calculating the required dedication, existing dwelling units within a <br />proposed subdivision shall be excluded from the calculation of the park requirement if they <br />have previously been included in the calculation of park dedication or fee-in-lieu through <br />the subdivision process. If the existing dwelling units have not previously been included in <br />the calculation for park land dedication or fee-in-lieu of land, then they will be included in <br />the calculation. <br />3. Residential minor subdivisions shall be exempt from the park land dedication requirements <br />of this Ordinance. <br />4. Development of parks, open space and/or trails shall be the responsibility of the developer. <br />Maintenance of parks, open space and/or trails shall be the responsibility of the developer, <br />homeowners’ association, or a local governing entity. <br />5. Residential subdivisions of land where more than twenty (20) percent of the units are to be <br />reserved for the housing of low-income households or where the housing is financed by <br />public monies, may be exempted from these requirements if adequate parks and open <br />space is provided by other means. <br />a. The applicant shall enter into an agreement with the Planning Commission to <br />provide low-income housing and shall demonstrate that such housing is affordable <br />to low- income households within the county. A low-income household is defined as <br />a household earning less than fifty (50) percent of the median family income of Cass <br />County. <br />b. After development, it shall be the responsibility of the developer to present <br />evidence to the Planning Commission, that the housing, as constructed, is affordable <br />to low- income households. Failure to provide low-income housing when dedication <br />of park and open space land has been exempted because of the pledge to provide <br />such housing shall constitute a violation of this Ordinance and shall require that the <br />applicant pay a fee in lieu of the dedication in accordance with Section 6.10 (c)of <br />this Ordinance. <br />(c) Fee in lieu of Dedication. Fee-in-lieu of land dedication shall be used in cases in which the <br />cash value of park land dedication is deemed, by the Planning Commission, to be more <br />appropriate in satisfying the needs of the proposed development than land within the <br />proposed development. Such cases include, but are not limited to, small developments, <br />development adjacent to existing facilities that could be expanded. <br />1. The amount of any fee to be paid in lieu of dedication of land shall be equivalent to the full <br />market value of the acreage required for park land dedication. Value shall be based on <br />anticipated market value after completion of platting. The applicant shall submit a proposal <br />for the fee-in-lieu of dedication and supply the information necessary for the Planning <br />Commission to evaluate the adequacy of the proposal. This information shall include at least <br />one appraisal of the property by a qualified appraiser. <br />2. The formula to be used in computing the fee based upon full market value shall be: <br />where: <br />Fee = N (FMV)