(A) Any person who proposes to develop or subdivide any parcel or tract within the city shall show on the plat or site development plan submitted for approval an area to be set aside for parks, playgrounds, recreational facilities, or other municipal purposes within the subdivision. This area shall be equal to 6% of the entire area to be platted. The locations of these areas shall be subject to the approval of the City Commission.
(B) Any person who has previously made dedications prior to May 5, 1980, shall be given credit for the prior dedications. Any future development must comply with the provisions of this section.
(C) The plat shall also show a dedication to the public by the owners of the land involved of the area set aside for parks, playgrounds, recreational facilities, or other municipal purposes. The effect of the dedication shall be to vest in the city full, complete, and exclusive possession and control of the area.
(D) The developer may pay the city a sum equal to the value of the land in lieu of conveying the land as provided in division (C) of this section. This money shall be segregated from the general funds of the city and shall be devoted solely for the purpose and development of parks, public recreational facilities, or other municipal purposes.
(E) Credits toward cash donations made pursuant to division (D) of this section may be accepted by the city, at the city's discretion, in lieu of a straight cash donation. A developer may receive credit, in whole, or toward partial satisfaction of a cash donation required pursuant to division (D) of this section by making valuable dedications of land, including easements, or contributions of services, materials, improvements, or any combination of the foregoing. However, the credits and the values assigned thereto must be acceptable to the city and the total value assigned to the credits together with any cash contributions must meet or exceed a sum equal to the value of the land required to be dedicated pursuant to this section. The City Commission shall have the sole authority to accept or reject the value assigned to dedications of land, including easements, or contributions of services, materials, improvements, or any combination of the foregoing and shall not be bound to the values assigned by a developer, his agents, or any other party.
(F) The City Commission shall be the sole judge of which of the alternatives described in division (C), (D), or (E) of this section it deems suitable or acceptable. However, where single-family residences are to be developed, the option of parks, playgrounds, recreational facilities, or other municipal purposes shall be mutually agreed upon by the city and the developers.
('69 Code, § 14-23) (Ord. 114, passed 3-1-65; Am. Ord. 364, passed 5-30-74; Am. Ord. 489, passed 1-22-79; Am. Ord. 532, passed 5-5-80; Am. Ord. 786, passed 4-2-86)
(G) Any person who proposes to plat or subdivide any parcel or tract of land of an area containing not less than five nor more than 15 acres shall, prior to obtaining the approval of the plat or subdivision, do one of the following. The City Commission shall be the sole judge of which of the following alternatives it deems suitable or acceptable. The boundaries and location of the land to be conveyed shall be subject to City Commission approval.
(1) Convey to the city by warranty deed the fee simple title to a portion of land to be subdivided equal in area to not less than 11,500 square feet.
(2) Pay to the city a sum equal to the value of the land in lieu of conveying the land as provided in division (G)(1) of this section. The value of the land shall be based upon the fair market value of the land within the area to be subdivided.
(3) Convey to the city by warranty deed in fee simple a parcel of land located within the city and acceptable to the city.
('69 Code, § 14-24) (Ord. 114, passed 3-1-65)
(H) Any lands donated to the city pursuant to divisions (A) through (G) of this section, shall be drained, demucked, and filled as needed for their intended use for parks, recreational purposes, or other municipal purposes. This shall be done in accordance with specifications established by the City Engineer and ratified and accepted by the City Commission at the time that the plat or subdivision is submitted for approval to the City Commission by the city administration. The standards for the grade level of the land shall be established by the City Engineer at the time that the lands are proposed to be donated. The requirement of demucking may be waived by the city if the developers provide the engineering to provide adequate drainage to the property.
('69 Code, § 14-21.1) (Ord. 462, passed 2-21-78; Am. Ord. 497, passed 2-25-79; Am. Ord. 769, passed 1-8-86; Am. Ord. 884, passed 2-1-89; Am. Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021) Penalty, see § 154.99