(a) Common Open Space Land. Whenever the Comprehensive Plan shows the location of common open space land on a lot, the City shall require the reservation of this land as common open space land, before the applicable zoning or building permit is issued. Restrictions, covenants and improvement plans providing for the reservation, development and maintenance of such land shall be subject to Planning Commission approval.
(b) Public Open Space Land. Whenever the Comprehensive Plan shows the location of public open space land on a lot, the City shall require the dedication of this land as public open space. If the area of such land exceeds 1,000 square feet per dwelling unit proposed on the lot, or five percent (5%) of the lot area if it is proposed for commercial use, the additional land shall be reserved for one year after the date of approval by the Planning Commission to permit its acquisition by the appropriate public body. If no public open space land is shown on the Comprehensive Plan, or if less than the amount required above is shown on the Plan, the developer of residential or commercial lands shall pay the Municipality one thousand ($1,000.00) per dwelling unit proposed on the lot, or one thousand dollars ($1,000) per acre if the lot is proposed for commercial use, in proportion to the amount of public open space land not dedicated in lieu of providing public open space.
(1) Conversions of existing residential buildings to commercial use and public, institutional, fraternal or community service uses defined in Section 1105.76 shall be exempt from the public open space requirements of this subsection.
(2) Such payment shall be used as follows:
A. To purchase or improve public open space land which will serve the quadrant of the City in which the lot for which payment is made is located, unless Council approves the use of such payment in a different quadrant.
B. With Council approval, up to fifty percent (50%) of the open space land funds received after the effective date of this subsection may be used toward the purchase of public property.
C. For the purpose of establishing the four (4) quadrants of the City, they shall be defined as bounded by West Liberty-East Washington Streets and North and South Court Streets.
(3) Dedication. Public open space required by subsection (B) above shall be dedicated to the Municipality prior to the issuance of zoning certificates for the lot. If the public open space proposed for dedication does not have access to a dedicated street, the developer shall provide a temporary easement from a dedicated street to the proposed public open space. The temporary easement shall be vacated when the public open space is provided access from a dedicated street. The Planning Commission may require the temporary easement to be improved so that it is passable.
(4) Other Open Space Land. Notwithstanding any other provision of this Zoning Ordinance, the Planning Commission may require the reservation or dedication of open space land not specifically shown on the Comprehensive Plan to meet the needs created by the proposed development of a lot for schools, parks or other neighborhood purposes. In such cases, the Planning Commission shall consider the topography, drainage soil conditions and the extent and configuration of such land in relation to the Comprehensive Plan, proposed development and surrounding area. Before acting on such cases, the Planning Commission shall also refer them to Council.
(5) Improvement of Open Space Land. Grading, drainage, seeding and other improvements which are determined by the City Engineer to be reasonably suitable for park and recreational uses of common open space land approved by the Planning Commission, or public open space land accepted for dedication by Council, shall be made by the developer. In the case of common land the Planning Commission may permit the developer to furnish a performance bond in lieu of such improvements in an amount approved by the Engineer, and form approved by the Law Director.
(6) Exemption. Any lot of a subdivision within which a contribution of public land or payment in lieu thereof, has been made in accordance with the provisions of this Zoning Ordinance, shall be exempt from any such further contribution or payment.
(Ord. 109-14. Passed 6-23-14.)