(A) Where a proposed park, playground, school site, or other public site shown on an adopted Comprehensive Plan or official map is encompassed in part or in whole by a boundary of a proposed subdivision, and such public ground shall be shown as reserved land on the preliminary plat to allow the Council, Board of Education, or county and state agency the opportunity to consider and take action toward acquisition of such public ground or park or school site by dedications, purchase, or other means prior to approval of the final plat.
(B) (1) It is declared general policy that in all new subdivisions, 5% of the gross area, or an amount of gross area as set by Council resolution, of all property subdivided shall be dedicated for parks, playgrounds, or other public use. Such dedicated area shall be in addition to the property dedicated for streets, alleys, waterways, pedestrian ways, or other public ways.
(2) No areas may be dedicated as parks, playgrounds, or public lands until such areas have been approved for the purpose to which they are to be dedicated. The park land shall be graded to the contours set forth in the preliminary plat.
(3) The developer shall provide a minimum of three inches of topsoil over the entire park area and the area shall be seeded with a type of seed approved by the city. The financial guarantees by the developer to the city shall be in effect at least until such time that the park land is graded and seeded.
(C) At least 50% of the gross area dedicated for parks, open space, or public use shall be suitable for active recreation use as determined by Council resolution.
(D) (1) When the subdivision is small or does not include a park or public area shown on the Comprehensive Plan, or, if in the judgment of the Council the area proposed to be dedicated is not suitable or desirable for park/playground purposes because of location, size, or other reason, the Council may require, in lieu of land dedication, a payment to the municipality of a sum equal to 5% of the current value of the land to be subdivided or a fee as set by Council resolution.
(2) The current land value shall be the value of the land at its highest and best use when ready to be platted but not including utility costs.
(3) The City Council and/or its agents shall have the authority to make the final determination of the value of the land for purposes of park dedication.
(4) If requested, the City Council shall provide the developer or landowner with the methodology used to calculate the value of the land.
(E) (1) Such dedication of land for public use shall be without restrictions or reservations and shall be transferred to the city by deed or by plat.
(2) Money given to the city in lieu of land shall be used by the city only for acquiring, developing, maintaining, or enhancing public park land.
(Prior Code, § 535.020)