§ 152.29  PUBLIC SITES AND OPEN SPACES.
   (A)   (1)   In subdividing land or resubdividing an existing plat, due consideration shall be given by the subdivider to the dedication or reservation of suitable sites for schools, parks, playgrounds, conservation areas or other public or semi-public recreational areas or open spaces. Areas so dedicated or reserved shall conform as nearly as possible to the city’s Comprehensive Plan. All areas to be reserved for or dedicated to public use shall be indicated on the preliminary plat in order that it may be determined when and in what manner the areas will be dedicated to or acquired by the appropriate agency. It shall be required that the subdivider of residential areas dedicate to the city the following land for use as the city shall see fit; except that, the city may not sell the lands for building sites to any private party:
 
Subdivisions of up to 50 acres
5% of the platted area
Additional acreage over 50 acres
2% of the platted area
 
      (2)   The dedicated area may be taken in one or more parcels at the discretion of the city and must be acceptable to the city in respect to dimension, location and topography.
   (B)   (1)   If, in the judgment of the Council, the area proposed to be dedicated is not suitable or desirable for park/playground purposes, because of the location, size or other reason, the Council may require, in lieu of land dedication, a payment to the city of a sum equal to the percentage listed above of the average value of the land to be subdivided. The aforementioned value shall be the value of the land upon approval of the preliminary plat, yet prior to the installation of improvements, and shall be determined jointly by the Council or its agent and the subdivider-developer.
      (2)   If the Council and subdivider-developer cannot agree on the land value, then the land values shall be established on the basis of the average of two independent appraisals by professional appraisers, one chosen by the Council and one by the subdivider-developer.
   (C)   Those areas under the jurisdiction of this chapter, but not under the direct governing authority of the city, shall be required to allow for adequate open space areas also. All dedications shall be made to the county or adequate provisions made to ensure maintenance of any park areas. The dedications shall be in accordance with the above listed percentages.
(Prior Code, § 12.10)  (Ord. 149, New Series, effective 1-17-1975; Ord. 180, New Series, effective 1-19-1979)