(A) The city may accept public park land dedication at the discretion of the City Council.
(B) The land shall be reserved for public parks, trails, playgrounds, or other recreation purposes in locations designated on the Byron Comprehensive Plan or otherwise where such reservations would be appropriate.
(C) Private open space for park or recreation purposes shall not be considered to fulfill the requirements of this section.
(D) When recreation areas are accepted by the City Council, it shall be based on the standard of 3.5 acres of recreation area for every 100 dwelling units.
(E) The City Council shall not be required to accept land for the purposes of the applicant’s compliance with division (D) above which will not be usable for parks, recreational facilities, playgrounds, trails, or open space. Examples of unusable land include:
(1) Land which is not of a suitable size, location, dimension, topography, or general character;
(2) Land which would require extensive expenditures on the part of the public to make usable, including protected wetlands, floodplains, and steep slopes;
(3) Land reserved for park and open space purposes which is less than two acres in size, with any dimension being less than 200 feet; or
(4) Land which does not have adequate street access for the public purpose envisioned by the City Council.
(F) As part of the subdivision approval, the applicant shall be responsible for making certain improvements to dedicated park land, including, but not limited to, finish grading, ground cover, construction of trails, parking lots, and clearly identifying park and trail boundaries with city-approved markers.
(G) As part of any dedication of park land, a survey at a scale of one inch equals 50 feet shall be provided with topographic data, based on city datum, including contours at vertical intervals of at least two feet, waterways, wetlands, marshes, rock outcrops, easements, utilities and vegetative data. Portions of any park land dedication which will be used for borrow and fill activities elsewhere in the development shall be clearly identified.
(H) Where an applicant has chosen to dedicate park land in an amount less than specified in division (D) above, the applicant shall also provide a cash contribution equal to a fraction of the park dedication fee otherwise payable. This contribution should be proportionate to the difference between the land dedicated and the land required to be dedicated.
(Ord. 2023-02, passed 5-9-23)