(A) Parks, playgrounds and recreation areas.
(1) Recreation standards. The Commission shall require that land be reserved for parks and playgrounds or other recreation purposes in locations designated on the comprehensive plan or otherwise where such reservations would be appropriate. Each reservation shall be of suitable size, dimension, topography and general character and shall have adequate road access, for the particular purposes envisioned by the Commission. The area shall be shown and marked on the plat, “Reserved for Park and/or Recreation Purposes”. When recreation areas are required, the Commission shall determine the number of acres to be reserved on the basis of providing three acres of recreation area for every 100 dwelling units. The Commission may refer such proposed reservations to the city official or department in charge of parks and recreation for recommendation.
(a) The developer shall dedicate all such recreation areas to the local government as a condition of final subdivision plat approval.
(b) Multi-family and high-density residential: the Planning Commission shall determine the acreage for reservation based on the number of dwelling units per acre to occupy the site as permitted by the zoning regulations.
(2) Minimum size of park and playground reservations. In no case shall an area of less than two acres be reserved for recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area.
(3) Recreation sites. Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield or for other recreation purposes, and shall be relatively level and dry; and shall be improved by the developer to the standards required by the Commission, which improvements shall be included in the performance bond. A recreation site shall have a total frontage on one or more streets of at least 200 feet, and no other dimension of the site shall be less than 200 feet in depth. The Commission may refer any subdivision proposed to contain a dedicated park to the city official or department in charge of parks and recreation for a recommendation. All lands to be reserved for dedication to the city for park purposes shall have prior approval of the city and shall be shown marked on the plat “Reserved for Park and/or Recreation Purposes”.
(4) Alternative procedure; money in lieu of land. Where, with respect to a particular subdivision, the reservation of land required pursuant to this section does not equal the minimum requirement of this section, the Commission shall require, prior to final approval of the subdivision plat, that the applicant deposit with the city a cash payment in lieu of land reservation. Such deposit shall be placed in a Neighborhood Park and Recreation Improvement Fund to be established by the city. Such deposit shall be used by the City for improvement of a neighborhood park, playground or recreation area including the acquisition of property. Such deposit shall be used for facilities that will be actually available to and benefit the persons in such subdivision and be located in the general neighborhood of the subdivision. The Commission shall determine the amount to be deposited, based on the following formula: $200 multiplied by the number of times the total area of the subdivision is divisible by the required minimum lot size of the zoning district in which it is located, less a credit for the amount of land actually reserved for recreation purposes, if any, as the land reserved bears in proportion to the land required for reservation in division (A)(1) above, but not including any lands reserved through density zoning.
(5) Other recreation reservations. The provisions of this section are minimum standards. Divisions (A)(1) through (A)(5) above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section.
(B) Other public uses.
(1) Plat to provide for public uses. Except when an applicant utilizes planned unit development in which land is set aside by the developer as required by the provision of the zoning regulations, whenever a tract to be subdivided includes a school, recreation uses (in excess of the requirements of division (A)(1) hereof), or other public use as indicated on the master plan or any portion thereof, such space shall be suitably incorporated by the applicant into his or her sketch plat. After proper determination of its necessity by the Commission and the appropriate city official or other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and final plats.
(2) Referral to public body. The Commission shall refer the sketch plat to the public body concerned with acquisition for its consideration and report. The Commission may propose alternate areas for such acquisition and shall allow the public body or agency 30 days for reply. The agency’s recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.
(3) Notice of property owner. Upon a receipt of an affirmative report, the Commission shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body.
(4) Duration of land reservation. The acquisition of land reserved by a public agency on the final plat shall be initiated within 12 months of notification, in writing, from the owner that he or she intends to develop the land. Such letter of intent shall be accompanied by a sketch plat of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed 12 months shall result in the removal of the “reserved” designation from the property involved and the freeing of the property for development in accordance with these subdivision regulations.
(Ord. passed 2-2-2010)