This section establishes a procedure for enforcing the requirements for parks and open space through development phasing while providing flexibility in the development approval process. This procedure recognizes that there is usually a delay between the date when a subdivision plat is approved and when lots are built upon and occupied, thus creating a demand for parks and open space.
(A) In residential subdivisions that are to be platted in two or more phases, the required park or open space dedication must be provided in each phase of the subdivision, except as provided in subsection (B) below.
(B) If a subdivision is proposed in phases, the applicant may plat the first 100 lots pursuant to the preliminary plat and defer the provision of parks and/or open space to future phases of the development. No further subdivision plat shall be approved unless and until parks or open space are provided in increments equal to the acreage required by § 153.1017 of this chapter, subject to the phasing provisions of Table 153.1022(A) below.
Number of Lots Per Phase | Acres of Parks or Open Space Required | Timing of Improvements |
Phase 1: 1-100 | Up to 1 (minimum size of 1 acre) | Phase 2 |
Phase 2: 101-300 | Up to 2 | Phase 3 |
Phase 3 through completion of development | As required by § 153.1017 | At time of platting |
(C) If any phase of the subdivision is platted without providing the required parks or open space at the time of platting and no future subdivision phases are planned pursuant to the preliminary plat, the parks or open space required shall be provided within one year after recordation of the plat and shall be secured by deferment contract as provided in subsection (D) below.
(D) The city may authorize the developer to reserve parkland for dedication in subsequent phases of the subdivision by executing an enforceable contract with the city. The contract shall be approved as to form by the City Attorney. In addition, the developer shall dedicate a reversionary public access easement on the final plat of the proposed development where necessary to provide effective public access, maintenance and use of any parkland to be dedicated.
(Ord. 3020, passed 9-10-2013, § 5.21.7)