(a) Following approval of a preliminary plat map or development plan which designates land for dedication, the existing vegetation (except growing commercial crops other than growing timber), topography, features of historic value, stream courses, soil, rock strata and other natural features of such dedicated land shall not be altered or their condition adversely affected in any way without the consent of the Planning Commission.
(b) Dedication of land to the City shall be by a general warranty deed conveying to the City, its successors and assigns, good and marketable title to the real estate described in such deed, free and clear of all liens and encumbrances. This deed shall be executed and delivered to the City for recording prior to the approval of the final plat map or development plan for any section or any portion of the subdivision or development the boundary of which is contiguous with the proposed park and recreational facility. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final plat map or development plan and shall be recorded contemporaneously with the final plat map or development plan. In the event fees, including the park development fee, are required, ten percent of the amount thereof shall be deposited with the City prior to the approval and recording of the final plat map or development plan, and the balance shall be due and payable one year from such date, or at the time the first occupancy permit is issued with respect to such subdivision or development, whichever occurs first. In no event shall any occupancy permit be granted with respect to such subdivision or development until all such fees are deposited with the City.
(Ord. 77-06. Passed 2-22-77. )