(A) Land subject to flooding, wetland, or land adjacent to a street, highway, or other incompatible land use, or environmentally sensitive or unusual terrain unsuitable as a park or recreation area, and unsuitable for real estate development or improvement shall be preserved for its proper use as flood control land or open space and dedicated to the public for the use. The Planning Commission shall also require a dedication of land for public park and recreation purposes. The public park dedication shall not exceed 15% of the buildable land area within the subdivision.
(B) Where a park playground, school, or other public use is determined to be needed in whole or in part within a subdivision, to carry out the goals and policies of the Banks Comprehensive Plan, the subdivider shall dedicate and reserve adequate space for the purpose, provided however, that the city or other public authority shall thereupon declare its intention to utilize the area within the land division when the Planning Commission finds the requirements to be reasonably necessary for the public health and safety. Where the city or other public authority has declared its intention to acquire the area, it shall proceed to perfect the title or a contract right to the same within 3 years from the date of platting, and failing such, this reservation shall automatically expire. The public body shall expeditiously proceed, within its financial ability, to consummate the acquisitions.
(Ord. 2021-08-02, passed 10-12-2021)