All residential developments should be designed so that adequate open spaces and sites for public uses may be properly located and preserved as the community develops. In order that the cost of providing parks, playgrounds and recreational facilities and sites necessary to serve the additional families brought into the community by the subdivision development may be most equitably apportioned on the basis of the additional need created by the individual subdivision development, the following provisions shall apply to all future residential developments or subdivisions or planned unit developments greater than one-half (1/2) acre in size within the City.
A. Public Areas Dedicated. Where it is determined by the City Council that public service areas are necessary and required, the subdivider or developer shall be required to dedicate or reserve such an area without cost to the City.
B. Recreational Areas and Open Space. Within the corporate limits of the City where it is determined by the Council that open space and recreational areas are necessary and required, and where feasible and compatible with the Comprehensive Plan of the community, the subdivider or developer shall provide and dedicate to the public adequate land to provide for said public service areas, open space and recreational needs of the subdivision or development. Provided, however, said open space and recreational facilities may be reserved and held by private persons or home owners' associations or like entities under a Planned Unit Development (PUD) if same satisfies the requirements of this chapter. Provided further, however, should open space and recreational facilities be required of a PUD in another ordinance, law or statute with minimum areas which are greater than those provided herein, then said other ordinance, law or statute shall govern.
1. Open Space Reserved. Where land or property is to be reserved and ownership of same retained or held in the name of a private person or association, same shall be permanently reserved for the residents of the home owners association, as directed by the Council, and held for the purpose of open space and recreational facilities and its purpose or use shall not be altered.
2. Area Required. The amount of land shall be determined by first calculating the entire size of the land area of the proposed development as shown on the preliminary plat or site plan and then requiring dedication or reservation of five percent (5%) of said land area as hereinafter provided.
3. Fee in Lieu of Dedication. The Council may, upon the recommendation of the Commission, determine that the subdivider or developer shall, in lieu thereof, pay to the City a fee or combination of fee and land equivalent to the value of the required dedication or reservation.
4. Use and Location. Such fee shall be used exclusively for immediate or future site acquisition and development and shall be used only for the purpose of providing public service areas, open space lands and other recreational facilities to serve the subdivision or development for which received. The location of the land shall bear reasonable relationship to the use of the open space lands and other recreational facilities by future inhabitants of the subdivision or development for which received as well as those inhabitants of the community.
5. Fee Determined. In all cases where the Council, upon recommendation by the Commission, shall direct and determine that cash is to be deposited, or that a combination of cash and land is to be deposited, dedicated or reserved for public service areas, park playground or recreational purposes or a combination of uses, the fee shall be set at 1% (one percent) of the sale price of each lot, at the time of sale of said lot. The developer shall, upon sale of each lot, transfer 1% of the sale price of said lot to the City's special revenue account.
6. Fund Established. All funds so levied, assessed, and collected by the City shall be deposited in a special fund to be known and designated as "Special Fund for the Acquisition and Development of Public Service Areas, Open Space and Recreational Facilities" (Special Fund). Said funds so levied and collected shall be used for such purposes at such places and in such manner as shall be approved, ordered and directed by the Parks and Recreation Board, which shall be consistent with this chapter. Authorization for creation of said fund is hereby granted. Any and all interest accumulated upon such funds shall be added to the special fund and be used only for acquisition and development of open space and recreational facilities.
7. Procedure. The procedure for determining whether the subdivider or developer is to dedicate or reserve land, pay a fee, or both, shall be as follows:
a. Subdivider-Developer. At the time of filing a preliminary plat or site plan with the Commission, the owner or developer of the property shall, as a part of such filing, indicate whether he or she desires to dedicate or reserve property for public service areas, open space and recreational purposes, or to pay a fee in lieu thereof.
b. Cooperation with Parks and Recreation Board. When the preliminary plat is received by the City, the Clerk shall forward a copy to the Parks and Recreation Director. The Parks and Recreation Board may review the same and make recommendations and suggestions thereon with regard to the placement, size, design, and location of said proposed public service areas, open space or recreational area, cash in lieu of dedication or reservation of land, or a combination of both, within the terms and tenor of this chapter. Any recommendations shall be made to the Commission within thirty (30) days after receipt of a copy of said preliminary plat by the Director. Failure to make recommendations and suggestions within the thirty (30) days aforementioned shall in no way serve to delay, postpone, or reject the preliminary plat or site plan, and the requirement that the Parks and Recreation Board make such recommendations and suggestions shall thereby be waived.
c. Action of City. At the time the preliminary plat or site plan is approved by the Council, the Council shall determine, as a part of such approval, whether to require a dedication or reservation of land within the subdivision or development, payment of a fee in lieu thereof, or a combination of both; provided however, that the City shall determine which land shall apply to the dedication or reservation and the requirements contained herein.
8. Prerequisites for Approval of Final Plat or Site Plan. Where a dedication is required, it shall be accomplished by providing the City with a properly executed warranty deed dedicating the required land to the City without cost to the City. Where fees in lieu of dedication are required, except for the one percent (1%) park fee (Paragraph 116.16(5)), the same shall be deposited with the Clerk prior to the approval of the final plat or site plan.
9. Determination. The Council shall determine whether dedication, reservation or cash in lieu thereof or a combination of cash, dedication and reservation shall be required. In making this decision, the City Council shall consider the following:
a. Recreational element of the City’s Comprehensive Plan.
b. Topographic and geologic conditions and access and location of land in subdivision or development available for dedication.
c. Size and shape of the subdivision or development and land available for dedication.
d. The relation of the subdivision or development to the Comprehensive Plan, particularly as the Comprehensive Plan map may show proposed public service areas, open space and recreational areas.
e. The character and recreational needs of the neighborhood in which the subdivision or development is located.
f. The unsuitability in the subdivision or development for open space and recreational purposes by reason of location, access, greater cost of development and maintenance.
g. The possibility that land immediately adjoining the subdivision or development will serve in whole or in part the public service areas, open space and recreational needs of such subdivision or development.
h. Recommendations and suggestions of the Parks and Recreation Board and the Planning and Zoning Commission.
i. Any and all other information relevant to a proper determination.
The determination of the Council as to whether land shall be dedicated or reserved or a fee shall be charged, or a combination thereof, shall be final and conclusive.
10. Development of Dedicated Area. It shall be the duty of the Parks and Recreation Board of the City to develop properly and to maintain the dedicated area for open space and recreational facilities. The owner who dedicated this land shall in no way be responsible for its development, maintenance, or liability thereon, except that the owner shall not develop the surrounding area in a manner which would unduly depreciate the purpose, use or value of the dedicated property. Where the owner is allowed to retain the land required for open space and recreational purposes and facilities in private ownership, it shall be the owner's responsibility to properly develop and maintain such area.