(a) Relationship to Comprehensive Plan. Where a proposed park or school site, as shown on the Ashville Comprehensive Land Use Plan, as may be subsequently amended, is located in whole or in part within a proposed subdivision, the Planning and Zoning Board may require the following:
(1) The dedication to the public of part or all of the proposed site, and/or
(2) Reservation of the site for a period of up to three (3) years to enable acquisition by the appropriate agency or entity.
(b) Minimum Dedication Requirements. The Owner/Developer shall be required to reserve a minimum of ten percent (10%) of the total area of the land included in the proposed plat as permanent open space. The open space shall either be dedicated to a public agency which has expressed a desire to accept and maintain the open space or shall be transferred to a private association or entity. If the open space is transferred to a private association or entity, acceptable provisions for the perpetual maintenance of the open space shall be stated on the plat.
Land proposed for open space shall be suitable for recreational purposes. The Planning and Zoning Board shall have the authority to determine whether the proposed open space and maintenance provisions are acceptable. Lands used for the provision of utilities shall not be considered suitable open space for the purposes of this Ordinance.
(c) Fee in Lieu of Dedication. In cases where the Planning and Zoning Board determines that the dedication of open space within the proposed subdivision is not suitable for dedicated open space, the Owner/Developer may be required to pay an amount equal to ten percent (10%) of the total value of the land within the proposed subdivision, as shown on the current tax records, or a set fee of $250 per platted lot, to the Village of Ashville. This payment in lieu of dedication shall be placed in a separate fund to be used by the Village only for the purposes of open space acquisition, improvement or maintenance of public open space and recreational facilities for the benefit of the residents of the Village. (Ord. 2000-14. Passed 7-24-00.)