§ 156.39 PUBLIC SPACES.
   (A)   Whenever the Plan Commission considers that a subdivision recreation site is necessary to carry out the purposes of these regulations, the Plan Commission may require the reservation of all or a portion of such site in accordance with the following standards.
      (1)   The land to be reserved must be of suitable size, dimension, access and general character for the proposed use.
      (2)   The amount of land so required for this purpose must not exceed 0.01 acres of land for each lot on the primary plat.
      (3)   In the case of an apartment development, however, the number of dwelling units shall be used to determine the required acreage instead of lots.
   (B)   Whenever the Plan Commission considers that any part of the proposed subdivision is needed in the interest of the town for a park, an open space, a recreational site, a school site or such other legitimate purpose, the Plan Commission may require that the subdivider either dedicate said area or convey said area as directed by the Plan Commission, provided, however, within six months after the approval of the primary plat:
      (1)   The subdivider of the land to be dedicated or conveyed has been paid for the full fair market value of said real estate;
      (2)   The subdivider of the real estate to be dedicated or conveyed has entered into a contract satisfactory to the subdivider, to be paid the fair market value of the real estate to be dedicated or conveyed; or
      (3)   An appropriate governmental authority has instituted legal action to condemn by eminent domain the areas which are to be dedicated or conveyed.
(Ord. 1997-18, § 131.19, passed 8-27-1997) Penalty, see § 156.99