§ 157.053  PUBLIC USES.
   (A)   Parks, playgrounds, and recreation areas.
      (1)   Recreation standards. The Plan Commission shall require that land be reserved for parks and playgrounds or other recreational purposes in locations designated on the Comprehensive Plan or otherwise where such reservations would be appropriate. Each reservation shall be of suitable size, dimension, topography, and general character and shall have adequate road access for the particular purposes envisioned by the Plan Commission. The area shall be shown and marked on the plat as follows: When recreation areas are required, the Plan Commission shall determine the number of acres to be dedicated from the following table, which has been prepared on the basis of providing three acres of recreation area for every 100 dwelling units. The Plan Commission may refer such proposed reservations to the local government official or agency in charge of parks and recreation for recommendation. If approved by such official or agency, the developer shall dedicate all such recreation areas for the benefit of the citizens of Cloverdale as a condition of secondary approval. The maintenance of such recreational areas shall be the responsibility of the subdivision, via its Home Owner’s Association (HOA) if such a body exists. In the event that there is no HOA or if the HOA has become inactive, maintenance of the recreational areas may be undertaken by the town and assessed to the lot owners. Each lot owner will be responsible for the portion of the cost of maintenance of the recreational areas as the percentage that that lot represents of the total lots approved in the plat.
TABLE 4.2
RECREATION REQUIREMENTS
 
Single-Family Lots Size of Lot
Percentage of Total Land in Subdivision to be Dedicated for Recreation Purposes
80,000 & greater SF
1.5%
50,000 SF
2.5%
40,000 SF
3.0%
35,000 SF
3.5%
25,000 SF
5.0%
15,000 SF
8.0%
 
         (a)   Minimum size of park and playground reservations. In general, land dedicated for recreation purposes shall have an area of at least four acres. When the percentages from Table 4-2 above would create less than four acres, the Plan Commission may require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. In no case shall an area of less than two acres be dedicated for recreational purposes where it is impractical or impossible to secure additional lands in order to increase its area. When recreational land in any subdivision is not dedicated or the land indicated in division (A)(1) of this section cannot be provided for due to physical impossibility, the provisions of division (A)(3) of this section shall be applicable.
      (2)   Recreation sites. Land dedicated for recreation purposes shall be of a character and location suitable for use as playground, play field, or other active recreation purposes and shall be relatively level and dry. It shall be improved by the developer to the standards required by the Plan Commission and the cost of the improvements shall be included in the amount of the performance bond. Passive recreation areas along stream valleys may be accepted by the Plan Commission as part of the required area if adequate flat land is also provided for space-consuming recreational activities. A recreation site shall have a total frontage on one or more streets of at least 200 feet, and no part of the site shall be narrower or shallower than 200 feet except for stream-valley and other linear passive recreation areas which shall at no point be narrower than 50 feet. The Plan Commission may refer any subdivision intended to contain a dedicated park to the local government official, department, or agency in charge of parks and recreation for a recommendation. Land may be dedicated to the Town of Cloverdale for park purposes provided that this dedication shall have prior approval of the Town of Cloverdale. Any land so accepted by the Town of Cloverdale shall be shown on the plat as “Dedicated to the Town of Cloverdale for Park and/or Recreation Purposes.”
      (3)   Other recreation reservations. The provisions of this section are minimum standards. None of the preceding subsections of this chapter shall be construed as prohibiting a developer from dedicating other land for recreation purposes in addition to the requirements of this section if such dedications are deemed to be desirable and accepted by the Town of Cloverdale. This includes dedications for public use and maintenance. Nothing in this chapter prohibits the developer from using deed restrictions to establishing ownership in and legal responsibilities for group recreation areas to which lot owners have mutual exclusive access that is in addition to the minimum requirements of this chapter.
   (B)   Other public uses.
      (1)   Plat to provide for public uses. Whenever a tract to be subdivided includes a school, recreation area, (in excess of the requirements of division (A) of this section), or other public uses as indicated on the Comprehensive Plan or any portion thereof, such space shall be suitably incorporated by the applicant into his sketch plan. Except when an applicant uses planned unit development procedures in which land is set aside by the developer for public uses as required under those procedures in the Zoning Ordinance. After proper determination of its necessity by the Plan Commission and the Utility Manager or other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and final plats. Upon such a determination by the Plan Commission, the following procedures shall apply:
         (a)   Referral to public agency. The Plan Commission shall refer the sketch plan to the public agency concerned with acquisition for its consideration and report. The Plan Commission may propose alternate areas for such acquisition and shall allow the public agency 30 days for reply. The public agency’s recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time within five years required to complete the acquisition.
         (b)   Notice to property owner. Upon a receipt of an affirmative report from the public agency, the Plan Commission shall notify the property owner and the Administrator shall designate on the preliminary and final plats each area proposed to be acquired by a public agency.
      (2)   Duration of land reservation. The acquisition of land reserved by a public agency on the final plat shall be initiated within five years of notification in writing from the owner that he or she intends to develop the land.  Such letter of intent shall be accompanied by a site plan of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed five years shall result in the removal of the “reserved” designation from the property involved and the freeing of the property for development in accordance with these regulations.
(Ord. 2011-07, passed  - - )