Public use and open space areas shall be provided as follows. This section does not apply to minor subdivisions.
(A) (1) Where sites for parks, schools, playgrounds or other public uses are located within the subdivision area as shown on the Comprehensive Plan, the Park and Recreation Plans or any other adopted plans, the Plan Commission may request their dedication for such purposes, or their reservation for a period of two years, following the date of the final approval of the plan.
(2) In the event a government agency concerned passes a resolution expressing its intent to acquire the land so reserved, the reservation period shall be extended for an additional six months.
(B) In a subdivision proposed to contain an average of more than one to one and one-half lots per gross acre, and containing 50 or more lots as shown on the primary plat (including all phases), at least one acre of open space per each 50 lots shall be platted and permanently dedicated for public park or playground use.
(1) The area may be permanently dedicated to the Park Board, if agreed to by the Park Board, or to a property owners association, if suitably protected by covenants. If the open space is not accepted by the Park Board, or if there is not a property owners association for the subdivision, the Plan Commission may waive the requirements of this subchapter if there is no other way to permanently maintain the open space.
(2) Playgroup or public school sites within the boundaries of the proposed subdivision shall be deemed to meet the open space requirements of this section. The least dimension of any such required open space shall be 150 feet. A public crosswalk or easement not less than 15 feet in width shall be provided for access to the required open space.
(Prior Code, § 152.086) (Ord. 87, passed 4-18-1988)