In laying out a subdivision, the subdivider shall comply with the following general principles and requirements:
(A) The layout must conform to the transportation plan, other parts of the development plan, and other regulations of the particular municipality.
(1) Whenever a tract to be subdivided embraces any part of a collector street, road, or higher type thoroughfare, so designated on the development plan, such a part of such public way must be platted by the subdivider in the location and at the width indicated on the plan.
(2) Where a proposed park, playground, recreational area, proposed school site, or public ground, shown on the development plan, is located in whole or in part within the proposed subdivision, such proposed public ground or part, if not dedicated to the school corporation or other public agency, must be reserved and no action taken on the subdivision for a period of not less than 90 days to allow the Council, Commissioners, or other public agency the opportunity to consider and take action toward acquisition of such public ground or park by purchase or other means. If the responsible agency does not take action to acquire such land, the subdivider may then use the land for any purpose permitted.
(B) Where considered desirable by the subdivider and held appropriate by the Commission, open spaces suitably located and of adequate size for parks, playgrounds, or other recreational purposes for local or neighborhood use may be provided for in the design of the proposed subdivision, and if not dedicated to the public and accepted by the appropriate public body, may be reserved for the common use of all property owners in the proposed subdivision by covenant in the deeds.
(C) No land shall be subdivided for any use if it is determined by the Commission to be unsuitable by reason of periodic flooding, inadequate drainage, adverse topographic or subsurface conditions, or other features harmful to the health, safety, and general welfare of future occupants of the subdivision and the residents of the city, unless the subdivider agrees to make such improvements as, in the judgment of the Commission, shall render such land acceptable for residential use.
(Ord. 2002-4, passed 3-4-02) Penalty, see § 153.99