As a condition of approval of a final plat of subdivision, or of a final plat of a residential planned unit development, for any development resulting in the construction of fifteen (15) or more dwelling units, each subdivider or developer will be required to dedicate land for park and recreational purposes to serve the immediate and future needs of the residents of the development, or cash contribution in lieu of actual land dedication, or a combination of both, based on the recommendation of the public body which will be the recipient of the contribution, but subject to final determination of the City Council, in accordance with the following criteria and formula:
A. Requirements And Population Ratio: The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total requirement shall be five and five-tenths (5.5) acres of land per one thousand (1,000) of ultimate population generated by the development. The required five and five-tenths (5.5) acres may be allocated by the City Council, in its discretion, based upon the following criteria:
Types Of Recreation Area | Size Range | Service Area (Approximate Distance) | Minimum Acres Per 1,000 People |
Neighborhood playground | 1,200 - 4,000 sq. ft. +/- | 0.5 mile | 5.5 acres/1,000 |
Open space | 0.2 - 4.5 acres | 0.5 mile | 5.5 acres/1,000 |
Mini park | 0.15 - 1.0 acre | 0.5 mile | 5.5 acres/1,000 |
Neighborhood park | 0.5 - 5 acres | 2 miles | 5.5 acres/1,000 |
Community park | 5.0 - 75 acres | Citywide | 5.5 acres/1,000 |
The ultimate density of a proposed development shall be calculated in accordance with subsection 13-4-4A of this chapter.
B. Service Area: Each type of recreation area is intended to serve the properties located within its designated service area, as set forth in subsection A of this section.
C. Location And Size: The City's Comprehensive Plan and/or standards adopted by the park districts prioritizing location of facilities shall be used as a guideline in locating sites. A central location which will serve equally the entire development is most desirable. In large developments these sites can be located throughout the development according to established standards for park area distances. Dedicated park land should be located so that the proposed development is within the dedicated park land's service area and should be of an appropriate size and location for park and recreational purposes, as determined by the City Council.
D. Topography And Grading: The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its park and recreational purposes. Grading on sites dedicated for park and recreational uses shall not differ greatly from surrounding land.
E. Credit For Private Open Spaces And Recreation Areas: When subdividers or developers provide their own open space for park and recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. Depending on the size of the development a portion of the park and recreational area in subdivisions or planned unit developments may, at the option of the City Council, be provided in the form of "private" open space in lieu of dedicated "public" open space. The extent of same shall be determined by the City Council, based upon the needs of the projected residents and in conformance to the total park and recreation land for the general area.
In general, a substitution of private open space for dedicated parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment, by the subdivider or developer as part of his obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the City, and before any credit is given for private recreation areas, the subdivider or developer must guarantee that these private recreation areas will be permanently maintained for such use by the execution of the appropriate legal documents. When an adjustment for private recreation areas is warranted, it will be necessary to compute the total park land dedication that would have been required from the subdivision or planned unit development and then subtract the credit to be given.
F. Title To Sites: All sites shall be conveyed to the park district with jurisdiction over the sites either by warranty or trustee's deed. The subdivider or developer shall be responsible for conveying good, merchantable title to such sites, and shall be responsible for payment of all real estate taxes to the date of conveyance, including any agricultural rollback taxes which might be extended or levied against such sites, for any tax years or periods prior to the time of conveyance.
G. Reservation Of Additional Land: Where the Comprehensive Plan of the City calls for a larger amount of park and recreational land in a particular proposed subdivision or planned unit development than the subdivider or developer is required to dedicate, the land needed beyond the subdivider's or developer's contribution shall, if so determined by the City Council, be reserved for subsequent purchase by the City or the park district with jurisdiction provided that such acquisition is made within one (1) year from the date of approval of the final plat.
H. Combining With Adjoining Developments: For all subdivisions and planned unit developments, public open space or a school site which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable park and recreation areas without hardship on a particular developer. (Ord. Z-34-16, 5-1-2017)