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June 16, 2022 <br />122 <br /> <br />N = The number of acres required to be dedicated for park and open space purposed, <br />calculated in accordance with Section 6.10 (b) of this Ordinance <br />FMV = Average full market value of one acre <br />Such fee shall be payable to Cass County prior to the recording of each final phase of the <br />plan and shall be in an amount equal to the percentage of the total number of dwelling units <br />in the phase. <br />(d) Parkland Acquisition Fund. All fees paid by the developer in lieu of dedication of park and <br />open space land shall be paid to Cass County and upon its receipt shall be deposited in a <br />separate interest-bearing fund. <br />1. The Fee-in-lieu shall be held by the county until such time as a local governing entity is in <br />place and submits in writing, a request for the fee-in-lieu along with a park plan and <br />development schedule. <br />2. It is preferred that the fee-in-lieu be used by such governing entity to construct a trail <br />system not to exceed one-quarter (0.25) mile from the subdivision the fee-in-lieu originated <br />or for the construction of a neighborhood or community park. If the construction of a <br />neighborhood or community park or local trail system is not reasonably achievable, then the <br />fee-in-lieu may be used for the construction of a regional park or used for improvements on <br />existing regional parks. <br />(e) General Design Criteria. Except for trails and linear parks, the type of areas to be <br />dedicated for park and open space land within a subdivision shall principally involve <br />pocket, neighborhood, community, or regional parks. <br />The land set aside for park and open space uses shall meet the following design criteria: <br />1. The park and open space land shall be reasonably located so as to serve all of the residents <br />of the subdivision. <br />2. The park and open space land shall be accessible from a public street or shall adjoin and <br />become a part of an already existing public park or open space area which is accessible from <br />a public street. Where access to the park is by public road, the width of the frontage shall be <br />a minimum length deemed necessary for access, visibility of the site and public safety. <br />3. No more than twenty-five (25) percent of the park and open space land shall contain <br />detention or retention basins or other stormwater management facilities, or be located <br />within a floodplain or wetland unless such area is part of a linear trail or green way along an <br />existing watercourse. No percentage of park or open space land shall contain retention or <br />detention ponds if the total park or open space requirement is less than two and half (2.5) <br />acres. <br />4. The park and open space land shall be compact and contiguous and shall meet lot <br />configuration requirements for lots within a residential subdivision unless the land shall be <br />used as a continuation of an existing trail as set forth in Section 6.10 (f) (6) of this Ordinance, <br />as a trail or linear park as set forth in Section 6.10 (f) (7) herein, or the land is located <br />adjacent to and combined with existing park and open space land, or specific topographic <br />features require a different configuration. An example of such topographic features would <br />be the provision of public open space along a scenic creek. <br />5. When the park and open space land required to be dedicated is less than five (5) acres in <br />size (unless development will utilize a pocket park), the park and open space land shall be