(a) Determination by Planning Commission. The Planning Commission shall determine whether a subdivider or developer shall dedicate land, pay a fee in lieu of land dedication or provide a combination of land dedication and fee payment.
(b) Procedure. In making the determination referred to in subsection (a) hereof, the following procedure shall apply:
(1) Filings. At the time of filing a preliminary plat map pursuant to the Subdivision Regulations or a development plan for approval, each subdivider or developer shall, as a part of such filing, indicate whether he or she plans to dedicate land for park and recreational purposes, to pay a fee in lieu of dedication or to meet the requirements of this chapter by a combination of land dedication and fee payment. If such subdivider or developer plans to dedicate land, he or she shall indicate the area he or she desires to dedicate on the preliminary plat map or development plan.
(2) Planning Commission determination. After the Commission has reviewed such preliminary plat maps and development plans, it shall determine whether the plans of the subdivider or developer to dedicate land, pay a fee in lieu of dedication or provide a combination of dedication and fee payment are acceptable. Insofar as practical, the determination of the Commission shall be compatible with the Parks and Recreation Plan.
(3) Minimum dedication. Notwithstanding any other provision of this chapter, no dedication of land shall be required and a fee in lieu thereof shall be paid in the event the amount of dedication required by this chapter would be less than one acre, except in the event the land so dedicated could be added to the adjoining, contiguous land area of an existing park or recreational facility. This consideration shall not be construed to prohibit the voluntary dedication of land by subdividers and developers in addition to the requirements imposed by this chapter.
(4) Adverse effects of development; reclamation. If, in the opinion of the Planning Commission, any portion of land proposed for dedication has been or will be adversely affected by the operations of a subdivider or developer, and such land or portion thereof will require reclamation in order to render it suitable as a park or recreational facility planned therefore, the Commission may require the subdivider or developer to furnish a plan for such reclamation. The Commission shall seek the advice of the City Engineer with respect to any such plan and shall determine, on the basis of such advise, whether such plan is acceptable in view of the purpose of this chapter. This plan shall accompany or be part of the final plat construction drawings as specified in the Subdivision Regulations and shall include estimates of cost for reclamation and any other data required by the Commission or the City Engineer. In the event such plan is acceptable, the subdivider or developer concerned shall implement such plan in a reasonable time and shall be required to post a performance bond in the amount of 100 percent of the estimated cost of the reclamation according to the procedure set forth in Section 1242.06 of the Subdivision Regulations.
(5) Criteria. In making its determination, the Commission shall utilize the following criteria:
A. Unity. Dedicated land must form a single parcel of land, except in the event the Planning Commission determines that two or more parcels would be in the best public interest.
B. Shape and topography. The shape of the dedicated parcel of land must be sufficiently geometric to be usable for recreational activities, such as softball, tennis, football and other active recreational pursuits. In addition, steep slopes, streams, lakes, watercourses and flood plains may constitute a maximum of forty percent of the dedicated land, and a minimum of sixty percent of the recreational land requirement shall be suitable for dry ground recreational use. In this latter regard, fifty percent of the dry ground recreation area shall not exceed three percent grade, and the remaining dry ground recreation area shall not exceed five percent grade. However, this requirement may be waived, in whole or in part, if the Commission determines that the recreational needs of any subdivision are adequately met by other dedicated parcels or existing recreational facilities. Further, this requirement may be waived, in whole or in part, if the Commission determines that although certain land areas to be dedicated are not usable for dry ground recreational use, such areas are of unique natural beauty or environmental or historic value.
C. Location. Dedicated land must be centrally located in order to serve the recreation and open space needs of the subdivision or development for which the dedication was made. The recreation land in a subdivision or development must be located so that it is reasonably accessible from all dwelling units within the subdivision.
D. Access. Public access and maintenance access to the dedicated land shall be provided by an adjoining street frontage equal to the full width of each dedicated parcel or 400 feet, whichever is less, or by a public easement of equal size, allowing access to the dedicated parcel or parcels.
E. Preservation of natural beauty. In all instances, natural features of scenic beauty, such as trees, plant life, brooks and other watercourses, topography, historic locations, views and similar conditions which, if preserved, will add attractiveness and value to the dedicated land, shall be considered and preserved in the dedication of open space and parks and recreation areas.
(Ord. 77-06. Passed 2-22-77.)