§ 12-75. Public sites, facilities and open spaces.

(a)

Parks and open spaces.

(1)

Dedication. All plans for residential subdivisions of land or residential land developments shall provide for the dedication of land for park and open space uses in the form of a clear fee simple dedication of land or payment of a fee as provided in this section. All dedications of land for park and open space purposes shall be consistent with any standards contained in the comprehensive plan. Such dedications shall be at locations deemed appropriate by the planning commission and approved by the governing authority. If a specific site has been designed on any applicable park or open space plan for future park purposes, any preliminary or final plan shall show the dedications of land in a location that corresponds to the plan designation.

(2)

General requirements.

a.

Applicants shall designate areas of residential subdivisions or residential land developments for parks, playgrounds, or other public open space and recreational uses in accordance with the requirements of this section. The applicant shall make an irrevocable offer of dedication of such park and open space land to the city. The governing board may authorize dedication of land to a homeowners association when such reservation is consistent with the municipal park and recreation plan.

b.

Park land and open space to be dedicated to the city must be recorded via a clear fee simple title prior to the recording of the final plan of subdivision.

(3)

Amount of land required. Required land for dedication shall be based on the proposed population density of the residential development according to the following formulae:

a.

For developments with a density of four and eight-tenths (4.8) dwelling units per acre (DUA) or less, ten (10) percent of the gross acreage.

b.

For developments with a density of greater than four and eight-tenths (4.8) DUA, but less than ten (10) DUA, twelve (12) percent of the gross acreage.

c.

For developments with a density of greater than ten (10) DUA, fifteen (15) percent of the gross acreage.

(4)

Floodplains and utility easements.

a.

Land intended for dedication within the one-hundred-year floodplain, as defined by the FEMA flood insurance rate maps, shall be credited at a rate of fifty (50) percent.

b.

Land within utility easements shall not be credited in meeting the recreational land dedication unless they meet subsections (a)(8)d. and (a)(8)h.

(5)

Payment in lieu of recreational land dedication. Notwithstanding anything contained in the above sections, the governing body, upon the recommendation of the planning commission, may allow the payment of a fee to the city in lieu of park land and open space provision.

(6)

Amount of fee. Fees shall be assessed according to the following formulae:

a.

For developments with a density of four and eight-tenths (4.8) dwelling units per acre (DUA) or less, three hundred fifty dollars ($350.00) per lot or dwelling unit.

b.

For developments with a density of greater than four and eight-tenths (4.8) DUA, but less than ten (10) DUA, four hundred twenty-five dollars ($425.00) per lot or dwelling unit.

c.

For developments with a density of greater than ten (10) DUA, five hundred twenty-five dollars ($525.00) per lot or dwelling unit.

(7)

Reduction of requirements. The requirements for land dedication and fees in lieu of dedication may be reduced by the governing authority in exchange for recreational amenities provided by the developer.

(8)

Design criteria. The land set aside for park and open space uses shall meet the following criteria:

a.

The park and open space land shall be reasonably located so as to serve all of the residents of the subdivision or land development.

b.

The park and open space land shall be accessible from a public street or shall adjoin and become a part of an already existing public park or open space area which is accessible from a public street. Where access to the park is by public road, the width of the frontage shall be a minimum length deemed necessary by the municipality for access, visibility of the site, and public safety.

c.

No more than twenty-five (25) percent of the park and open space land shall contain detention basins or other storm water management facilities.

d.

No more than fifty (50) percent of the park land shall be located within a floodplain.

e.

The park and open space land shall be compact and contiguous and shall meet the lot width ratio required of lots within a residential subdivision unless the land shall be used as a continuation of an existing trail or specific topographic features require a different configuration. An example of such topographic features would be the provision of public open space along a scenic creek.

f.

When the park and open space land required to be dedicated is less than four (4) acres in size, the park and open space land shall be located at a suitable place on the periphery of the subdivision or land development so a more usable tract will result when additional park and open space land is obtained when adjacent land is developed.

g.

At least fifty (50) percent of the finished grade of the site shall have a slope of three (3) percent or less.

h.

The park and open space land shall be accessible to utilities such as sewer, water, and power that are provided with the subdivision.

(b)

Where park, playground or areas for other public recreational uses should be provided in the subdivision in accordance with the comprehensive plan, the planning commission may require such area to be dedicated to the proper agency. Where a school should be provided in accordance with the comprehensive plan, the planning commission may require such area to be dedicated to the proper public agency or be reserved for acquisition by said agency within one (1) year. Such reservation shall continue in effect for a period of not more than one (1) year from the date of filing of the preliminary plat. This reservation period may be extended for a period not to exceed two (2) months upon submission of a letter to the planning commission by the appropriate governmental agency. This reservation may be discontinued upon written notice from the appropriate governmental agency stating that the property may be released for development.

(c)

All land to be reserved for dedication to the local government or acquisition for public use purposes shall have proper approval of the appropriate governmental agency and shall be shown on the plat "Reserved for Park and/or Recreation and/or Public Use Purposes."

(d)

Where a subdivision contains sewers, sewage treatment plants, water supply systems, park areas or other physical facilities necessary or desirable for the welfare of the area and of common use or benefit which the governing authority does not desire to or cannot maintain, provision shall be made for the proper and continuous maintenance and supervision of such facilities by the lot owners in the subdivision.

(e)

The planning commission may recommend that the governing authority accept a cash contribution in lieu of land dedication for parks and open spaces, this payment in lieu of land dedication will be no less than three hundred fifty dollars ($350.00) per dwelling unit created.

(Ord. No. 29, art. V(E), 4-5-83; Ord. of 9-30-86(2), § 1; Ord. of 5-2-95)