1109.06 PUBLIC SITES AND OPEN SPACES.
   (a)   Where a proposed neighborhood park, playground, recreation area, school site or other public use as shown on the Comprehensive Plan is located in whole or in part in a subdivision, the Planning Commission may require the dedication of such public area in an amount up to five percent (5%) of the gross area of the proposed subdivision as a condition of approval of that subdivision.
   (b)   In any subdivision where dedication of land for neighborhood park, playground, recreation area or school site as shown on the Comprehensive Plan is not required as a condition of approval of the subdivision by the Planning Commission, a fee of fifty dollars ($50.00) per dwelling unit in multiple dwelling areas and seventy five dollars ($75.00) per dwelling unit in single-family areas shall be required upon issuance of a building permit, to be deposited in a fund for the purpose of acquisition of land for park, playground or school sites as shown on the Comprehensive Plan.
   These provisions regarding public sites and open spaces shall be applied over and above those requirements specified under the planned development provisions of the Zoning Ordinance.
   Any lands contemplated for public use shall be reserved from the plat by the subdivider for a period of not longer than two years. If Council or the Board of Education fails to purchase the site or to make arrangements satisfactory to the subdivider for acquisition of the site, the subdivider may replat the reserved site into lots.
   (c)   Dedication of greenbelts or buffer parks may be required by the Planning Commission in areas where they are desirable to separate and protect residential subdivisions from adjacent commercial developments, express highways, major streets and railroad rights of way.
   (d)   Dedication or reservation of other public open spaces may be required where deemed necessary by the Planning Commission for preservation of historic sites and scenic areas or for a particular type of development proposed in the subdivision, but not anticipated in the Comprehensive Plan.
(Ord. 1972-20. Passed 12-19-72.)