(a) Generally. Parks, recreational facilities and public open spaces are necessary and desirable elements of public welfare. Public health, safety and welfare require at least ten acres of such land per 1,000 population, developed with the combination of facilities determined by the Municipal Engineer to meet the national standards tempered by specific needs of the community, as outlined in the Parks and Recreation Master Plan.
It is the purpose of this section to provide necessary authority to the Planning and Zoning Commission to require developers and builders of individual residences and commercial buildings to share in the cost of obtaining land and developing parks, recreational facilities and open spaces. At the option of the Planning and Zoning Commission, a developer will be required to either:
(1) Dedicate a portion of the land to be developed;
(2) Pay a fee in lieu of such land dedication; and/or
(3) Provide off-site open space in lieu of such land dedication; and/or
(4) Develop a park or recreation area per specifications provided by the Planning and Zoning Commission.
(b) The amount of acreage to be set aside shall comply with the following schedule:
ZONING DISTRICT | PERCENT OF GROSS
DEVELOPABLE ACRES
(minimum standards) |
SR, R-1 | 15.0 |
R-2, R-3, & R-12 | 20.0 |
PRD & PUD | 20.0 |
Such lands may be deeded to the Municipality and thereby developed and managed by the Municipality or held, developed and maintained by a private association, the bylaws and creation of which shall be by approval of Council as an element of the subdivision platting process. Title to dedicated land shall be transferred to the Municipality within sixty (60) days of final plat approval.
Where a park or playground which is shown on an official map or in the Park and Recreation Master Plan for future use is located in whole or in part in the proposed subdivision, the Planning and Zoning Commission may require the dedication of such area within the subdivision or payment in lieu thereof as provided in subsection (c) below.
(c) Fees In-Lieu of Dedication. The Planning and Zoning Commission may require payment in lieu of dedication when such payment would better fit the overall recreational plans and needs of the community. The amount of fees to be paid shall be equal to the assessed value of the acreage that would have been dedicated to the Municipality under the land dedication requirement.
(d) Payment, Deposit and Use of Fees. Fees in-lieu of land dedication shall be paid to the Municipality within sixty (60) days following final plat approval. Such fees shall be placed in a special fund the records of which shall be available for public inspection. Such funds shall only be used by the Municipality for the acquisition and development of public parks, recreation facilities, and open space.
(e) Additional Reservation of Public Land. Where adopted planning documents recommend sites for public schools, parks or other public facilities, including open space, such lands shall be set in reserve by the owner.
(Ord. 38-04. Passed 10-11-04.)