(a) Consideration shall be given to the allocation of areas suitably located and of adequate size for playgrounds, school sites, parks, and other outdoor recreational facilities as indicated on the adopted New Lexington Comprehensive Plan, and to be made available by one of the following methods:
(1) Dedication to the City or County to public uses; fee simple dedication to the City.
(2) Reservation of land for the use of property owners by deed or covenants.
(b) Such areas shall constitute a minimum of three (3) percent of each area platted unless this requirement is waived by the Planning Commission.
(c) When, by reason of a topographical condition with a subdivision, the amount of acreage within a subdivision, the nature or development of the area surrounding a subdivision or because of other exceptional circumstances, the Commission determines that the dedication or reservation of public sites and open spaces for playgrounds, school sites, parks, etc. as required by subsections (b) and (c) is impracticable, undesirable, unsuitable, uneconomic or not in accord with the New Lexington Comprehensive Plan, the Commission may require in lieu thereof that the subdivider dedicate or deed to the City other lands of the subdivider which are acceptable to the Commission for the purposes intended by this section or to deposit with the City a sum of money equal in amount to three percent (3%) of the total value of the land within the subdivision. Said three percent value shall be determined by agreement between the Commission and the Subdivider or shall be three percent of one-half of the total of two sealed land appraisals of the subdivision to be submitted to the Commission, one by an appraiser designated by the subdivider and one by an appraiser designated by the Commission. Provided that the sealed appraisals shall each be within fifteen percent of the average of the two appraisals. New appraisals shall be required until each of said appraisals is within 15% of the average of such new appraisals. The Commission and the subdivider shall each bear the costs of their respective appraisals.
Monies deposited with the City under the provisions of this subsection shall be placed in a special fund designated by the legislative authority of the City and shall be appropriated and used by the City solely for the acquisition, maintenance, development, improvement or equipping of playgrounds, school sites, parks and other outdoor recreational lands of the City.
The subdivider of a subdivision may request that the provisions of this subsection be made applicable to his subdivision and the Commission may grant such request at its discretion if the granting thereof would not be repugnant to the recommendations and provisions of the New Lexington Comprehensive plan.
(Ord. 82-16. Passed 4-19-82.)