Sec. 9-5-90.   Dedication of public sites and open spaces.
   (a)   Purpose. The purpose of the dedication and/or payment is to provide the public facilities and/or services made necessary as a consequence of the site development, in an amount roughly proportional to the impact of the site development upon such facilities and/or services or the increased need for them brought about by the site development. The developer shall have the option, in its sole discretion, to accept the City's calculation of the required dedication, or to perform such studies as are necessary to demonstrate the actual impact of the site development upon public services and facilities and the resulting appropriate dedication or other contribution.
   (b)   Amount of land dedicated. The developer shall dedicate public sites for parks, open space or other civic purposes prior to final approval for all site developments in accordance with the following requirements:
      (1)   Percentage dedication. Dedication of such sites and land areas to the City, or to the public, which dedication shall be a minimum of ten percent (10%) of the total gross area of the land within the proposed subdivision at the time of subdivision. This land dedication will be credited toward the overall open space required for each subdivision; or
      (2)   Fee-in-lieu of dedication. As determined by the Board of Trustees, the developer shall pay fee-in-lieu of land dedication in those cases where dedication of land is not the preferred alternative. Such payment shall be based on the fair market value of the entire property, to be determined after completion of the platting process. Such payment shall be held by the Board of Trustees for the acquisition of sites and land areas by the City. At the option of the Board of Trustees, the subdivider may meet the dedication requirements of this Section through a combination of fee-in-lieu and land dedication.
(Ord. 395 §3, 2016)