(a) Following approval of a preliminary plat map or development plan which designates land for dedication, the existing vegetation, except growing commercial crops other than growing timber, topography, features of historic value, stream courses, soil, rock strata and other natural features of such dedicated land shall not be altered or their condition adversely affected in any way without the consent of the Planning Commission.
(b) Dedication of land to the City shall be by a general warranty deed conveying to the City, and its successors and assigns, good and marketable title to the real estate described in such deed. The land shall be free and clear of all taxes, liens, assessments or encumbrances due and payable as well as all taxes, liens, assessments or encumbrances due but not yet payable. This deed shall be executed and delivered to the City for recording prior to the approval of the final plat map or development plan of any section or any portion of the subdivision or development, the boundary of which is contiguous with the proposed parks, recreational facilities and public open space. Open space covenants for private parks, recreational facilities and public open space shall be submitted to the City prior to approval of the final plat map or development plan of any section or portion of the subdivision or development, the boundary of which is contiguous with the proposed parks, recreational facilities and public open space. Open space covenants for private parks, recreational facilities and public open space shall be submitted to the City prior to approval of the final plat map or development plan and shall be recorded contemporaneously with the final plat map or development plan. In the event the land acquisition fee, including the park impact fee are required, one of the following methods of payment may be imposed:
(1) Ten percent of the amount thereof shall be deposited with the City prior to the approval and recording of the final plat map or development plan, and the balance shall be due and payable one year from such date or at the time the first occupancy permit is issued with respect to such subdivision or development, whichever may occur first.
(2) One hundred percent of the per-dwelling unit impact fee is to be paid at the time of the issuance of the building permit for each dwelling unit. In no event shall any occupancy permit be granted with respect to such subdivision development or lot split until all such impact fees are deposited with the City.
(Ord. 115-03. Passed 10-2-03.)