The following regulations shall apply to all land and improvements proposed to be dedicated to the city:
(A) Parks, playgrounds, and recreation areas.
(1) The city may require the applicant proposing a subdivision within or to be annexed to the city to dedicate land to the city, in which case no requirement shall exceed 10% of the gross land area of the development. Such dedication shall be of suitable character, size, dimension, topography and access for the appropriate use as determined by the City Council and the Planning Department. If such required dedication is deemed too small for reasonable use, the developer may offer a cash settlement in lieu of a land offering in an amount acceptable to the City Council.
(2) If a developer is proposing a subdivision outside the city limits, the developer shall dedicate an amount of open space to the appropriate township, or to the county, in an amount to be determined by township or county officials.
(B) All land and improvements offered for dedication to the city shall be offered clear and free of all liens, restrictive covenants, and other encumbrances unless such are deemed reasonable by the City Council and the City Attorney. Such land and improvements, upon formal acceptance of dedication in the form of a resolution by the city, shall be accompanied by a plat of such land, signed by a professional land surveyor, and drawn to a scale of not less than 50 feet per inch. Such plat shall show the as-built locations and profiles of all utilities and other improvements and shall show all easements, rights-of-way, and other deed exceptions on that land. Additionally, the as-built maps shall include copies of all local, state and federal permits, such as EPA water main extension permits.
(Ord. O-93-01, passed 1-25-93) Penalty, see § 153.99