(A) Where a subdivision contains more than ten acres, the subdivision shall provide for the dedication of not less than 3.5% of the total land area to the homeowners’ association for use as parks or open spaces and natural features; such land shall be maintained by the homeowners’ association in accordance with its creating documents and allow for public access. A fee in lieu of parkland dedication will be assessed at $400 per lot with payment due upon acceptance of the final plat. Fees may be utilized for any type of public park or space improvement, public park or space maintenance including maintenance equipment, purchase of land for the purpose of expanding a public park or space, creating a new public park or space, or any other public park or space related item not delineated by this section. Fees collected shall be receipted into the Public Parks and Spaces Fund (PPSF) established by City Council. Agriculture zoned land is excluded from the provisions of this section. The following guidelines will be applied in the approval process for parks, or open spaces and natural features:
(1) Access. Parks or open spaces shall be placed to be within easy and safe walking distance of all dwelling units.
(2) Topography. The land to be dedicated to meet the requirements of this section shall be suitable for parks, open spaces, and recreational activities.
(3) Unity. The dedicated land should form a single parcel or tract of land wherever possible.
(4) Shape. The shape of the parcel or tract of land to be dedicated should be appropriate for parks and recreation purposes (i.e., softball, tennis, and usable open space).
(5) Location. The land to be dedicated shall be located to serve the recreation and open space needs of the subdivision for which the dedication was made. However, an evaluation of possible locations would also include factors such as freedom from possible safety hazards (i.e., major thoroughfares).
(6) Parkland must be improved prior to dedication to HOA; improved parkland includes but is not limited to: playground equipment; trails; amenities such as park benches and trash receptacles; landscape improvements and tree plantings; pergolas, pavilions, and gazebos; water features; sports fields; picnic benches; lighting; and the like.
(B) Existing features which would add value to residential development to the city, as a whole, such as trees (as herein defined), watercourses and falls, landmarks, historic sites and similar irreplaceable assets, shall be preserved in the design of the subdivision, whenever possible. No trees shall be removed from any subdivision, nor any change of grade of the land affected until approval of the preliminary plat has been granted. All trees on the plat required to be retained shall be preserved, and all trees where required shall be welled and protected against change of grade. The preliminary plat shall show the number and location of existing trees and shall further indicate all those marked for retention, and the location of all proposed shade trees along the street side of each lot.
(2002 Code, § 153.059) (Ord. 230, passed 9-8-1986; Ord. 651, passed 10-26-2009; Ord. 918, passed 9-12-2022; Ord. 942, passed 5-8-2023)