§ 155.49 PARK AND SCHOOL SITES.
   (A)   All subdividers must set aside land for parks or school sites within the areas proposed to be subdivided where required by the city. For every 100 lots in a subdivision for single-family homes, one acre must be set aside for park and/or school sites. In the event land is to be subdivided for duplex or multiple unit construction, one acre must be set aside for each 50 dwelling units to be constructed.
   (B)   If a site for a park (as shown in the comprehensive plan) lies within the area to be subdivided, that area shall be designated on the plat. If the area needed for park purposes exceeds that land or is otherwise required by this chapter, the city shall determine if the entire site is needed for the proposed purpose. If not, the subdivider is only required to sell that portion of the area otherwise required by this chapter to the city or county. The city must within 90 days of the plat's recording, execute an agreement to purchase the park site within two years. Failure of the city or county to execute such an agreement within the stipulated time will release the owner or subdivider from an obligation to reserve said site or sites. The purchase price of a park site shall be determined by totaling the following:
      (1)   Appraised raw land value of site prior to subdividing.
      (2)   One-half the cost of grading, paving, curb and gutter, and drainage of contiguous streets.
      (3)   The cost of utilities to serve the site as determined by the City Manager.
   (C)   The land to be dedicated for park purposes must be suitable for such purposes as determined by the appropriate city officials. In no case shall the city be required to accept any site.
   (D)   In the event that the subdivision is of such size that the area required for park purposes is less than five acres, the site must be located on a side of the subdivision not bounded by roads and on which additional land may be acquired as the area is subdivided.
(Ord. 445, passed 12-21-87) Penalty, see § 155.99