(A) The intent of this legislation is to maintain the existing high quality of life for present and future residents by preserving open space for public parks without raising taxes and by placing the responsibility for these services on the subdivision developments that create the need for recreational and other open space and that cause the impact on existing resources. This legislation is intended to provide the city with a financing mechanism for developing and maintaining a safe and clean park system, which meets the recreational and leisure needs of the residents of the city. The requirements herein are supported by a legislative determination of impact and need, including as reflected in the city’s parks plan, market value study and park dedication study, undertaken to ensure that the requirements imposed are not more than those necessary to address impacts specifically attributable to the applicable subdivision.
(B) As a condition of approval of any subdivision, as defined herein, authorizing new residential lots or units, to the extent the requirements of this subchapter have not already been satisfied, within the corporate limits of the city, or within the planning jurisdiction of the city (being one and one-half miles outside the corporate limits), the subdivider shall dedicate real property on-site, or equivalent real property off-site acceptable to the city, or make a cash payment in lieu of land dedication, or a combination of both, at the option of the city, for parks and open space to serve the immediate and future needs of the residents of the development or redevelopment. Such dedication or payment shall be (“land/cash contribution”) in a total amount sufficient to satisfy the criteria and formula contained within this subchapter.
(C) (1) Unless otherwise agreed in writing between the developer and city, any land to be dedicated for park or recreational purposes shall be platted, dedicated and improved as part of the first phase of any subdivision. Dedication deeds and plats shall be in such form as required by the City Attorney and required by the city for acceptance.
(2) Nothing herein shall be deemed to require the city to accept any dedication of land until express action by the city accepting such dedication for maintenance purposes.
(Ord. 3319, passed 2-22-2005)