§ 156.037  PARK AND RECREATIONAL FACILITIES.
   (A)   Policy.  It is hereby declared to be the express policy of the city that the city shall endeavor to provide sufficient recreational facilities within the city so as to adequately provide for and primarily benefit persons in the various residential subdivisions of the city. This policy will be carried out under the provisions of this section and the design criteria established for various types of parks and neighborhood facilities. The following types of parks and facilities will be provided according to the need as determined by the City Commission on recommendation of the Planning and Zoning Commission.
      (1)   The community park.  This type of park is defined as one designed for use of citizens from all parts of the city.
      (2)   The neighborhood (pocket) park.  This type of park is defined as one designed for but not limited to use of citizens residing within the subdivision wherein the park is located.
   (B)   Standards and guidelines.
      (1)   The city has developed a design criteria for the express purpose of planning an integrated and cohesive park and recreational facility plan. Because of the complexity of the plan, the city has determined that subdivisions containing acreage less than certain amounts should not be required to dedicate land upon initial request for plat approval. Because of the infeasibility of dedication of land in particular subdivisions, the city has determined that a fee in lieu of actual dedication shall be required, to allow the city, at some future date and at a time when the design criteria dictates, to purchase land in the location, and of the appropriate size to be the most advantageous selection in conformity with the selected design criteria.
      (2)   The city has determined that the fee schedule hereinafter set forth properly ensures that the fee in lieu of dedication shall adequately provide funds which may be used to purchase sufficient land upon which to provide park and recreational facilities to fulfill the need for the facilities caused by the influx of persons into the community by reason of subdivision development.
   (C)   Requirements for dedication of land or payment of fee for park and recreation development.
      (1)   Prior to the approval of any final residential subdivision plat, the need for park and recreational facilities required to serve the platted area shall be determined and approved by the City Commission on the basis of the standards and guidelines set out herein and the established design criteria for neighborhood parks and community parks and other recreational facilities as promulgated by the City Commission or its duly authorized Park and Recreation Board.
      (2)   Upon submission and approval by the City Commission, the subdivider or developer shall be required to pay a cash payment to the city for acquisition or development of park sites. The cash payment shall be in the sum of $150 per platted lot and other consideration, if accepted by the City Commission. The size and type of these park facilities shall be determined by the City Commission in accordance with standards as set forth herein and with the established designs criteria. Each townhouse or multi-family unit shall pay $75 for each unit.
      (3)   In each of the above instances in division (C)(2) above, the subdivider or developer shall pay, upon submission and approval of the final plat, the sum of 50% of the amount specified above, and the remaining 50% shall be paid by the subdivider developer or builder at a time as a building permit is issued for the construction of a single-family unit or a multi-family unit on the platted lots. Should a subdivider or developer plat be rejected by the City Commission, all payments provided in this chapter shall be refunded to the subdivider or developer in full.
      (4)   ln the event the other considerations is land to be dedicated which abuts a street, water or sewer utility, the street and utility shall be dedicated to the city along with the land.
   (D)   Pro rata unit cost and charges.  The pro rata unit cost shall be based upon the actual number of platted lots or constructed living units contained and shown with the final plat. All pro rata charges made under the provisions of this chapter shall be deposited in the Park Fund of the city and the funds shall be used only for purposes of providing park and recreational facilities to the citizens of the city.
(Ord. 459, passed 12-17-1985)