(A) Except as provided in § 154.062 below, or for nonresidential subdivisions, land shall be dedicated by the subdivider in the amounts listed below or greater for community facilities or open space in any subdivision greater than five acres in size.
(1) Subdivision size over five acres up to and including 20 acres: 5% of the total land area zoned or intended for residential use.
(2) Subdivision size over 20 acres: 8% of the total land area zoned or intended for residential use.
(B) The location, size and functions of the land to be dedicated for community facilities or public open space must be deemed by the city to be suitable for the intended use. If the subdivider develops the site for the approved public use at the subdivider's expense and with approval of the city, the land area dedicated may be decreased to the extent that the value of the improvements is equal to or more than the market value of the land area prior to development, as determined by the County Tax Appraisal District, that is the difference between the minimum amount required and the amount actually dedicated.
(C) No property required to be dedicated for community facilities or public open space shall be in the 100-year floodplain except, however, that natural areas may include the 100-year floodplain if determined by the city to be suitable for leisure activities such as hiking, bicycling, picnicking and wildlife observance, and the area is deemed by the city as needed or acceptable for the use in that location.
(Ord. 08-358, passed 11-18-2008)