(a) Public Building Sites.
(1) At the preliminary plan stage, the Planning Commission shall notify governmental and public agencies that a subdivision is being proposed. The Planning Commission shall designate a period of twenty-one days within which such agencies shall determine if land within the subdivision is required for their use as a public building site and to so advise the Planning Commission in writing of the proposed use and the area required. If, within the designated time, such requirement is deemed to exist, the subdivider shall be notified during the preliminary plan stage.
(2) If there is no response from an agency within the designated time, then the preliminary plan stage shall continue without further consideration of such sites.
(3) If an agency responds with a need for land within the designated time, then the Planning Commission shall forthwith assist with negotiations for the same between the subdivider and the agency in this regard and the sites shall be available to the requesting entity by one of the following methods:
A. Statutory dedication without compensation to the subdivider.
B. Statutory dedication with reasonable compensation to the subdivider.
C. Appropriation by the City or public agency.
D. Reservation by appropriate legal instrument for acquisition of a period of one year after the approval of the preliminary plan. Such reservation shall provide for the specific release of the land from these requirements reverting full legal title to the subdivider, or his successors or assigns if the agency has not obtained a contract to acquire the land or has not filed appropriate proceedings within the one year limitation.
E. Any other method arrived at by mutual agreement.
(4) Failure of the Planning Commission to notify an agency under subsection (a)(1) hereof shall not create any rights in such body and shall have the same effect as making no response after being notified and shall not make defective the subsequent subdivision proceedings hereunder.
(b) Open Space and Parks.
(1) There shall be no requirement of a subdivider to provide parks or other open space except as required or specified in applicable zoning regulations.
(2) When the City desires land within the subdivision for such use, then such governmental agency within the time designated in the notice under subsection (a)(1) hereof shall notify the subdivider through the Planning Commission.
(3) The City shall specify the quantity, description, location and use (passive or active) of the land so desired and designate the public entity that would be responsible for the development and maintenance of the use and expense thereof.
(4) If the City specifies its desire, as set forth in subsection (b)(3) hereof, then the Planning Commission shall forthwith assist with negotiations for the same between the subdivider and the City and land shall be available by one of the following methods:
A. Statutory dedication without compensation to the subdivider to the City to accept the same and to maintain and develop the land.
B. Statutory dedication with reasonable compensation to the subdivider to the City to accept the same and to maintain and develop the land.
C. Reservation by appropriate legal instrument for acquisition of a defined area by the City to accept, develop and maintain the same for the specific use for a period of one year after the approval of the preliminary plan. Such reservation shall provide for the specific release of the land from these requirements reverting legal title to the subdivider, or his successors or assigns if the City has not obtained a contract to acquire the land or has not filed appropriation proceedings within the one year limitation.
D. Any other method arrived at by mutual agreement, including the reservation or grant of land by private deed or covenants for the use of the property owners within the proposed subdivision with provision being made for the development and maintenance thereof.
(5) The City may encourage open space subdivisions wherein private property owners through the use of a homeowner's association will conserve and maintain open space and recreation areas for the private use of property owners within the subdivision.
(6) Failure of the Planning Commission to notify a governmental agency under subsection (b)(2) hereof on the preceding page shall not create any rights in such agency and shall have the same effect as making no response after being notified and shall not make defective the subsequent subdivision proceedings hereunder.
(c) Property Reservation. Any reservation of property for a period of one year referred to above shall be null and void if the subdivision plat of which it is a part does not receive final approval or is withdrawn before final approval by the subdivider. It is the intent herein not to create a burden on the land if it is not to be subdivided. Any legal instrument creating such a reservation shall so state.
(Ord. 77-19. Passed 6-2-77.)