§ 153.096 PUBLIC SITES AND OPEN SPACE DEDICATION.
   (A)   Consideration of the public property. The subdivider shall consult with the city staff, at the time his or her sketch plan is under consideration, to secure their recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The plat shall show the location and dimensions of all areas to be dedicated in this manner.
   (B)   Public sites to be reserved.
      (1)   Where a proposed drainage way, park, playground, school site or other public site, as shown on the Comprehensive Plan, is embraced in part or in whole by the boundary of a proposed subdivision and such public sites are not dedicated, such sites shall be reserved and no action taken towards approval of a final plat for a period not to exceed sixty (60) days to allow the proper governmental agency the opportunity to consider and take action towards acquisition of such public ground or park by purchase or other methods.
      (2)   In all new residential subdivisions, including planned unit development and mobile home parks, a minimum of five percent (5%) of the gross area subdivided shall be dedicated for public recreation space or other public use. The dedicated percent of the gross area subdivided shall be in addition to property dedicated for streets, alleys, easement, or other public ways. No areas may be dedicated for public use until such areas have been approved by the governing body as suitable and necessary for the public health, safety, convenience, and general welfare. When the subdivision is too small for practical dedication of public land or if no land in the subdivision is suitable or required for such use, the subdivider may be required to pay a fee as specified in a published fee schedule established by resolution of the governing body. Such money as may be collected shall be used for park land acquisition and park development.
      (3)   Lots created in any manner that are larger than five (5) acres may be subject to the above requirements if, in the opinion of the governing body, the lots will not be resubdivided.
      (4)   Where a subdivision includes any portion of a lake shore or the shoreline of a meandered stream, no less than ten percent (10%) of the portion of the shoreline lying within a subdivision shall be dedicated for use by the public along with sufficient land to allow access to a publicly dedicated street. This land may be a part of, or equal to, the percent of land for dedication as public land under this section.
(Ord. 274, passed 4-15-1997)