1127.03 DEDICATION OF PARCELS REMOVED FROM THE SUBDIVISION.

   (a)    In the event that it is determined by the Planning Commission to be inappropriate for the subdivider to dedicate any of the land shown on a subdivision plat or general development plan to the public for the uses and purposes provided for this chapter, the Planning Commission may recommend and Council may allow one of the following options:

      (1)   Require the subdivider to deed restrict the ten percent (10%) reserved within the subdivision without conveyance to the City, or dedicate a separate parcel of land, which is at least ten percent (10%) of the area of the land to be subdivided, to the public for the uses and purposes provided for in this chapter; or

      (2)   Require the subdivider to provide the City with funds sufficient to purchase an appropriate parcel of land of the same area required above at an appropriate location, or provide funds up to the amount of four hundred dollars ($400.00) per sublot for use in the Recreation Fund to equip, operate and maintain Municipal recreation areas conveniently located to such subdivision, or within the Municipality.

   (b)   The Planning Commission may recommend to Council who, in making the final decision, shall consider the following in determining whether to require alternatives to dedicating land within the subdivision:

      (1)   Because of size, shape or character of the parcel to be subdivided, and the recreational needs of the community and its general welfare, it is impractical or undesirable to dedicate ten percent (10%) of the land area of such parcel to the public use.

      (2)   The alternative plan presented by the subdivider insures the dedication to the public use, for the uses and purposes set forth in this chapter, space equal to at least ten percent (10%) of the parcel to be subdivided.

      (3)   The land to be dedicated for the public uses provided for herein, although not within the parcel to be subdivided, is appropriate for the purposes set forth herein, and is in an area of the Municipality where land is needed for the purposes set forth herein.

      (4)   In the event a cash payment is required as provided above to the Recreation Fund in lieu of land for recreational purposes, the Planning Commission may recommend, and Council may approve, an alternative which can include reduced money in combination with land, or staggered payments of money. Council shall approve any of such alternatives only if adequate recreational land is already available in the community to serve such subdivision, and the welfare of the community and the citizens thereof will be better served accepting money in lieu of all land.

         (Ord. 31-2009. Passed 9-24-09.)