Where deemed essential by the plan commission upon consideration of the particular type of development proposed in the subdivision, the plan commission may recommend and the city council require the dedication or reservation of land for park and recreational purposes and land for school site(s), to serve the immediate and future needs of the residents of the parcel, to make a cash contribution in lieu of actual land dedication, or to provide a combination of both at the option of the city. Such dedications are necessary to ensure proper provision of park and school sites for persons who are expected to reside within the subdivision or development, which sites would otherwise have to be acquired at the expense of the general public but whose utility would generally be limited to residents of the parcel.
(A) Criteria For Requiring Park And Recreation Land Dedication:
1. Calculation: The subdivider may be required to dedicate for park and recreation purposes an amount of land determined on the basis of eight (8) acres per one thousand (1,000) persons. This calculation shall be based upon 3.5 persons per single-family dwelling unit.
2. Location; On Site Storage:
(a) Location: The location of the site to be dedicated will be determined by the city council upon recommendation.
(b) On Site Storage: No storage of materials, including spoil materials or top soil will be allowed on a park site designed for recreational use or land designated as future or proposed school sites.
3. Credit For Private Open Spaces And Recreation Areas: Private open space or recreation areas may be utilized in lieu of dedication required by this subsection (A) provided that detailed improvement plans shall be approved by the plan commission and city council and that satisfactory guarantees of the permanency of the use and its maintenance, enforceable by the city, shall be entered into by the subdivider.
(B) Criteria For School Site Provision: Subdividers may be required to begin negotiations with the school district to determine requirements for school site locations or cash contributions to ease the impact of a proposed development. The subdivider shall provide a written statement to the city that an agreement has been reached regarding any future school sites or contributions to the school district.
(C) Criteria For Requiring A Contribution In Lieu Of Park And School Sites:
1. Cash Contribution: When the resulting site in a proposed subdivision or development is too small to be usable for the purpose intended or where it is inappropriate for park and recreational purposes or a school site, the city may require the subdivider to contribute cash in lieu of land dedication. The cash contribution in lieu of park and recreation land dedication shall be held in trust by the city or other public body designated by the city, solely for the acquisition of park and recreation land as hereinbefore classified, which will serve the immediate or future needs of the residents of that subdivision or development or the improvement of other existing park and recreation land which already serves such needs. The cash contributions in lieu of school sites shall be held in trust by the city, or other public body designated by the city, solely for use in the acquisition of land for a school site to serve the immediate or future needs of children from that subdivision or development or for the improvement to any existing school site which already serves such needs, but not for the construction of any school buildings or additions thereto. If any portion of a cash contribution in lieu of park and recreation land dedication or cash contribution in lieu of school site(s) is not expended for the purpose set forth herein within seven (7) years from the date of receipt, it will be refunded to the subdivider who made such contribution.
2. Fair Market Value: The cash contribution in lieu of land shall be based on the fair market value of the acres of land as improved, that otherwise would have been dedicated as park and recreation sites. The subdivider shall submit an appraisal showing the fair market value of such improved land or other evidence thereof and final determination of said fair market value per acre of such improved land shall be made by the city council based upon such information from other sources which may be submitted to the city council by any local park district, school district or others.
(D) Criteria For Requiring Dedication And A Fee: There will be situations when a combination of land dedication and a contribution in lieu of land are both necessary. These occasions will arise when:
1. A major part of the local park or recreation site or school site has already been acquired and only a small portion of land is needed from the subdivision or development to complete the site. The portions needed to complete the park or school site shall be dedicated, and cash contribution will be required in lieu of the balance of the required dedication.
(E) Improved Sites: The slope, topography and geology of the site to be dedicated as well as its surroundings must be suitable for its intended purposes. Grading on sites dedicated for park and recreational uses shall not differ greatly from the surrounding land. Before dedication, all sites shall be improved with a vigorous stand of grass. The grass shall be a mixture of bluegrass, fescue, and rye as approved by the city engineer. The applicant/developer shall be responsible for all maintenance of the site until the site is accepted by the city, or acceptable provisions shall be made for such improvement before dedication. (Ord. 455, 4-21-1997)