A. Where, as indicated by the comprehensive plan, a proposed subdivision contains, wholly or in part, a proposed public open space, parks, recreation areas, etc., the following land requirement shall apply:
1. In subdivisions containing eighty (80) acres or more the subdivider shall make a dedication of suitable land for public purposes of not less than two percent (2%) of total land area of the subdivision;
2. In subdivisions containing less than eighty (80) acres, the Planning Commission shall require the dedication of two percent (2%) of total land area or shall require the payment of a fee equal to the market value of two percent (2%) of the total land area of the subdivision. Such fee is to be deposited in a fund reserved and expended for park facilities and improvements only;
3. In lieu of either of the above standards, the subdivider may elect to retain two percent (2%) of the total land area to be designated as park or open spaces, etc., such land to be maintained by the subdivider or by agreement of the purchasers of lots in the subdivision; and
4. In no case will the subdivider dedicate land for public parks and open spaces unless the City agrees to develop and maintain such parks or open spaces.
B. Existing features which would add value to residential development or to the City as a whole, such as trees, as defined in this chapter, watercourses and falls, landmarks, historic sites and similar irreplaceable assets, shall be preserved in the design of the subdivision, whenever possible. No trees shall be removed from any subdivision nor any change of grade of the land effected until approval of the preliminary plat has been granted. All trees on the plat required to be retained shall be preserved, and all trees where required shall be welled and protected against change of grade. The sketch plat shall show the number and location of existing trees and shall further indicate all those marked for retention and the location of all proposed shade trees along the street side of each lot.
C. New trees provided in new subdivisions shall be approved by the Planning Commission and shall be planted in accordance with any City regulations. Only long-lived shade trees, acceptable to the Planning Commission, shall be planted.
D. For shade tree easement and dedication, the preliminary plat and final plat shall preserve an easement authorizing the local government to plant shade trees within five (5) feet of the required right-of-way of the local government; this provision may be waived at the option of the Planning Commission.
(Code 1991, § 12-456)
Cross reference- Parks and recreation, Ch. 74.