(a) Planned Public Sites.
(1) Where a park, playground, school, or public access to water frontage, as shown in the comprehensive plan, is located in whole or in part in a proposed subdivision, the Planning Commission shall request the dedication of such area within the subdivision.
(2) The subdivider shall pay for only that portion of the cost of the public site that benefits his or her subdivision as determined by Planning Commission.
(b) Park and Playground Fee Required.
(1) Applicability.
A. Payment of a park and recreation fee shall be required for all minor subdivisions in which more than one dwelling unit is being constructed on a lot or parcel.
B. The fees payable hereunder shall be on the same basis as if a subdivision of the lot or parcel were made.
C. If any dwelling unit or additional dwelling unit is constructed upon real estate which, prior to March 1, 1978, had no dwelling unit located thereon or had a lesser number of dwelling units located thereon, at the time that the building permit for such construction was obtained, the owner of the real estate shall pay the park and recreation fee for such new or additional dwelling unit as provided herein.
1. This provision shall apply to platted areas and areas for which no plat is required.
2. This provision shall not apply if the result would be duplicate payment for the same dwelling unit by the subdivider-owner and the builder-owner, e.g. where a park and recreation fee has already been paid, unless additional dwelling units, for which no park and recreation fee has been previously paid, are built.
(2) The owner of each new subdivision, as a prerequisite to the approval of the final plat thereof, shall pay a park and playground fee.
(3) The fee shall be computed as the sum of $100.00 for each dwelling unit permitted to be constructed thereon under applicable zoning regulations.
(4) The Park and Recreation Fund shall be used for the acquisition or improvement of parks and playgrounds exclusively, and for no other purpose.
(5) Dedication of Open Space in Lieu of Payment.
A. In lieu of payment of the park and playground fee, council, on recommendation of the planning commission, may accept the dedication, for public park and playground use, of open spaces constituting not less than 15% of the gross acreage of the subdivision (lots or parcels intended for nonresidential uses are not included in this computation), suitably located and of adequate size.
B. In no event shall the aggregate value of such dedicated land be less than the equivalent park and playground fee otherwise payable and computed in accordance with the formula established in Subsection 1167.13(b)(3) hereof.
(6) Planned Unit Development.
A. In lieu of payment of the park and playground fee, or of dedication for public park and playground use, the City may accept or recommend a planned unit development.
B. Under this option, common open space is provided for the semiprivate use of the residents of the subdivision.
C. Legal agreements must be filed and recorded with the subdivision plat describing the purpose, use, and ownership of the common areas and establishing an organization to finance, manage, and maintain the common areas.
(c) Natural Features. The Planning Commission shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, whether located in residential developments, commercial developments, or industrial developments, such as large wooded areas, watercourses, areas of historical significance, and similar irreplaceable assets.
(Ord. 7675. Passed 11-11-14.)