(A) (1) In all subdivisions or five or more lots, a developer must allot a portion of the area subdivided for public uses. Absent some other specific requirement, 5% of a subdivided area, excluding roadways and mid-block walkways, shall be dedicated and developed for public recreational use. A retention or detention pond or basin may be included for this purpose only with Commission approval, which is discretionary.
(2) No outright grant will be obligatory from a tract of 20 acres or less, provided, however, that the developer shall pay to the city an amount equal to the fair market value of that much developed land in the subdivision.
(3) These proceeds shall be used by the city to augment its park facilities on a more regional basis.
(B) Where a park, playground or other public area must be provided in the subdivision, or a portion of the subdivision, in accordance with this chapter, such area shall either be dedicated to the proper public agency within a specified reasonable period of time.
(Ord. 2003-OR-13, passed 5-8-2003)