(A) Parks, playgrounds and recreation areas.
(1) Recreation standards. The Commission may require that land be reserved for parks and playgrounds or other recreational purposes in locations designated on the Comprehensive Plan or otherwise where the reservations would be appropriate. Each reservation shall be of suitable size, dimension, topography and general character and shall have adequate road access for the particular purposes envisioned by the Commission. The area shall be shown and marked on the plat: "Reserved for Park and/or Recreational Purposes". When recreation areas are required, the Commission may determine the number of acres to be reserved from the Table 4-8 in division (A)(1)(a) below, which has been prepared on the basis of providing four acres of recreation area for every 100 dwelling units. The Commission may refer the proposed reservations to the local government official or agency in charge of parks and recreation for recommendation. If approved by the official or agency, the developer shall either dedicate all the recreation areas to the local government or shall provide in restrictive covenants of each lot, as a condition of secondary approval.
(a) Recreation requirements. Recreation requirements are shown in Table 4-8 below.
Single-Family Lots; Size of Lot | Percentage of Total Land in Subdivision to be Reserved for Recreation Purposes |
(b) Minimum size of park and playground reservations. In general, land reserved for recreation purposes shall have an area of at least four acres. When the percentages from Table 4-8 above would create less than four acres, the Commission may require that the recreation area be located in a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. In no case shall an area of less than two acres be reserved for recreational purposes where it is impractical or impossible to secure additional lands in order to increase its area. When recreational land in any subdivision is not reserved, or land reserved is less than the percentage indicated in division (A)(1) above, the provisions of division (A)(4) below shall be applicable.
(2) Recreation sites. Land reserved for recreation purposes shall be of a character and location suitable for use as playground, play field or other active recreation purposes and shall be relatively level and dry. It shall be improved by the developer to the standards required by the Commission and the cost of the improvements shall be included in the amount of the performance bond. Passive recreation areas along stream valleys may be accepted by the Commission as part of the required area if adequate flat land is also provided for space-consuming recreation activities. A recreation site shall have a total frontage on one or more streets of at least 200 feet, and no part of the site shall be narrower or shallower than 200 feet except for stream-valley and other linear passive recreation areas which shall at no point be narrower than 50 feet. The Commission may refer any subdivision intended to contain a dedicated park to the local government official, department or agency in charge of parks and recreation for a recommendation. All land to be reserved by dedication or restrictive covenant to the city for park purposes shall have prior approval of the city and shall be shown on the plat as "Reserved for Park and/or Recreation Purposes."
(3) Applicability to land using average density provisions. Any subdivision plat in which the principle of flexible zoning has been used shall not be exempt from the provisions of this section except as to any portion of the land area which is actually dedicated to the city for park and recreation purposes.
(4) Other recreation reservations. The provisions of this section are minimum standards. None of the preceding sections of this chapter shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section.
(B) Other public uses.
(1) Plat to provide for public uses. Whenever a tract to be subdivided includes a school, recreation areas (in excess of the requirements of division (A) above) or other public uses as indicated on the Comprehensive Plan or any portion thereof, the space shall be suitably incorporated by the applicant into his or her sketch plan, except when an applicant uses planned unit development procedures in which land is set aside by the developer for public use as required under those procedures in Chapter 156 of this code. After proper determination of its necessity by the Commission and the appropriate city official or other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and final plats. Upon such a determination by the Commission, the following shall apply:
(a) Referral to public agency. The Commission shall refer the sketch plan to the public agency concerned with acquisition for its consideration and report. The Commission may propose alternate areas for the acquisition and shall allow the public agency 30 days for reply. The public agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time within five years required to complete the acquisition; and
(b) Notice to property owner. Upon a receipt of an affirmative report, the Commission shall notify the property owner and the Administrator shall designate on the preliminary and final plats each area proposed to be acquired by a public agency.
(2) Duration of land reservation. The acquisition of land reserved by a public agency on the final plat shall be initiated within five years of notification in writing from the owner that he or she intends to develop the land. The letter of intent shall be accompanied by a site plan of the proposed development and a tentative schedule of construction. Failure on the part of a public agency to initiate acquisition within the prescribed five years shall result in the removal of the "reserved" designation from the property involved and the freeing of the property for development in accordance with these regulations.
(Ord. 615, passed 2-22-1999)