1103.11   MANDATORY DEDICATION OF AREA FOR PARK AND RECREATION USES.
   In the interests of public safety, health and welfare, to provide proper open spaces for circulation of light and air and to avoid future congestion of population detrimental to the public safety, health and welfare, no subdivision plat shall be approved by the City Planning Commission, except as provided in Sections 1103.10, 1103.12 and 1103.13 unless, in addition to all other lawful requirements, after deducting the area of such subdivision to be dedicated or deeded for public street, sidewalk or utility purposes, five percent of the balance of the area of such subdivision is dedicated or deeded to the City for public park or recreational uses, provided that the area to be so dedicated or deeded to the City for public park or recreational uses must be reasonably suitable, in the judgment of the Commission, for use as a public park or recreational area. In determining such reasonable suitability, the Commission shall consider such factors as the topography of the area to be so dedicated or deeded, the major physical characteristics of such area, the location thereof in relation to the remaining area of the subdivision, the proximity to electrical high tension lines (no nearer than seventy-five feet measured horizontally from the point on the ground directly beneath the high tension line), the shape of the area to be so dedicated or deeded and other similar considerations as in the judgment of the Commission are relative to a determination of whether or not the area to be so dedicated or deeded can reasonably be used for public park or recreational purposes.
(Ord. 72-91. Passed 4-1-91.)