1115.07 LAND FOR PUBLIC AND COMMON USE.

   (a)    Dedication and Acceptance for Public Use. The plat shall be submitted to Council for acceptance of dedication of any land for public use and acceptance of any easement before it is recorded. The acceptance of any street or utility for public use and maintenance, and assignment of street names, shall be by separate action of Council. Six months after the completion of the permanent paving, but not sooner than June 1 of the year following the completion of the pavement, an inspection of all improvements installed by the developer shall be made by a committee of Council and the Municipal Engineer. Any defects disclosed by this inspection shall be corrected by the developer. When the improvements installed by the developer are approved by Council, the developer shall file with the Law Director an abstract, certificate of title, guarantee of title or title insurance in the amount of at least one thousand dollars ($1,000) showing the title to the street or streets in the subdivision of the Municipality to be good for street purposes and to be free and clear from all encumbrances whatsoever. Council shall then approve the plat for the dedication of such street areas, shall accept the streets as Municipal streets and release all of the bonds.

   (b)    Land Reserved for Public Use. In addition to land for local streets which principally serve the subdivision under consideration, the Municipality may request by resolution that land for other streets, for parks, playgrounds or other public uses as shown on the official Master Plan, the Street Plan or Community Facilities Plan or determined by adopted standards, be set aside and reserved for a period of 120 days after the application for approval of a preliminary plan of a subdivision is submitted, or for a longer period as may be mutually agreed, to allow the Municipality time to start proceedings to acquire such land by gift, purchase, exchange, devise or appropriation.

   During such period, no structure shall be erected, no trees or topsoil shall be removed or destroyed, no grading shall be done, nor shall any land so reserved be put to any use whatsoever except on written approval of the Planning and Zoning Commission.

   If land for a recreational use is shown within a proposed subdivision on an official plan, the developer may be required to contribute land, or if no land for recreational use is shown within a proposed subdivision on an official plan, the developer may be required to contribute a fee to a land acquisition fund for playground use. Any required contributions of land or a fee shall be in accordance with established standards based on costs prorated among the properties served by the recreation facility.

   (c)    Common Land. Whenever a developer submits a plan showing common land either for recreation, streets, pedestrian circulation or other purposes, the covenants and restrictions of such land shall be submitted with the plans of the subdivision to the Commission. The Commission shall not approve any common land unless such covenants and restrictions set forth that the common land shall be:

      (1)    Used only for the uses set forth in the restrictions and covenants; and

      (2)    Improved by the developer; and

      (3)    Owned by a home association, condominium ownership or similar private organizations with owners of each dwelling unit having a share in the common land; and

      (4)    Maintained at no cost to the Municipality with the owner of each dwelling responsible for his share of the maintenance cost, which share when not paid shall be a lien against the property. Such covenants and restrictions are approved by the Law Director.

         (Ord . 69-38. Passed 4-20-70.)