§ 153.088 PUBLIC SITES, PARKS AND OPEN SPACE.
   (A)   Where a proposed park, playground, public access to water frontage, school site, highway, historic site, or other public site as shown on the comprehensive development plan is embraced in part or in whole by the boundary of a proposed subdivision and public sites are not dedicated, the public ground shall be reserved and no action taken towards approval of preliminary or final plat for a period not to exceed 90 days to allow the opportunity to consider and take actions towards acquisition of the public ground or park by purchase or other causes.
   (B)   In all new subdivisions, 10% of the gross area subdivided shall be dedicated for public recreation space, school sites, or other public use with the 10% being in addition to property dedicated for streets, alleys, easements, or other public ways. No areas may be dedicated for public use until the areas have been approved as being suitable and needed for the public health, safety, convenience and/or general welfare. When in the judgment of the Council the subdivision is too small for practical dedication of public land or if no land in the subdivision is suitable for the use, the subdivider may be required to pay a fee in lieu of parkland dedication. The fee shall be established in the city’s fee schedule and the fee to be deposited in a fund dedicated to the park and recreation purposes.
(Ord. passed 1-23-2001) Penalty, see § 153.999