1109.06 LAND DEDICATION FOR PUBLIC AND COMMON USE.

   (a)    Dedication for Public Use. The plat shall be submitted to Council for acceptance of dedication of any land for public use and acceptance of any easement before it is recorded. The acceptance of any street or utility for public use and maintenance and assignment of street names shall be by separate action of Council. In addition to being shown on the plat, all utility easements shall be conveyed to the City by a separate written grant of easement which shall be subject to approval by the Law Director and City Engineer and shall be recorded concurrently with the final plat.

   (b)    Land Reserved for Public Use. In addition to land for local streets which principally serve the subdivision under consideration, the City may request by resolution that land for other streets, parks, playgrounds or other public uses as shown on the official Master Plan, the Street Plan or Community Facilities Plan or determining by adopted standards, be set aside and reserved for a period of 120 days after the application for approval of a preliminary plan of a subdivision is submitted, or for a longer period as may be mutually agreed, to allow the City time to start proceedings to acquire such land by gift, purchase, exchange, devise or appropriation.

   During such period, no structure shall be erected, no trees or topsoil shall be removed or destroyed, no grading shall be done nor shall any land so reserved be put to any use whatsoever except on written approval of the Commission.

   (c)    Common Land. Whenever a developer submits a plan showing common land either for recreation, streets, pedestrian circulation or other purposes, the covenants and restrictions of such land shall be submitted with the plans of the subdivision to the Commission. The Commission shall not approve any common land unless such covenants and restrictions set forth that the common land shall be:

      (1)    Used only for the uses set forth in the restrictions and covenants;

      (2)    Improved by the developer;

      (3)    Owned by a home association, condominium ownership or similar private organization with owners of each dwelling unit having a share in the common land; and

      (4)    Maintained at no cost to the City with the owner of each dwelling responsible for his share of the maintenance cost, which share when not paid shall be a lien against the property.

   Such covenants and restrictions shall be subject to approval by the Law Director.

(Ord. 1991-18. Passed 5-12-92.)