(a) Public building sites.
(1) At the preliminary plan stage, the City Planning Commission shall notify governmental and public agencies and the political subdivision having jurisdiction within the area to be platted that a subdivision is being proposed. The City Planning Commission shall designate a period of 21 days within which such agencies and political subdivision shall determine if land within the subdivision is required for their use as a public building site and so advise the City Planning Commission in writing of the proposed use and the area required. If, within the designated time, this requirement is deemed to exist, the subdivider shall be notified during the preliminary plan stage.
(2) If there is no response from an agency or political subdivision within the designated time, then the preliminary plan stage shall continue without further consideration of the sites.
(3) If an agency or political subdivision responds with a need for land within the designated time, then the City Planning Commission shall forthwith assist with negotiations for the same between the subdivider and the agency or political subdivision in this regard, and 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 agency or political subdivision (eminent domain);
D. Reservation by the appropriate legal instrument for acquisition of a defined area by the governmental agency having authority to accept, develop and maintain the same for the specific use for a period of one year after the approval or the preliminary plan or for such additional time as may be mutually negotiated. The reservation shall provide for the specific release of the land from these requirements, reverting full legal title to the subdivider or his or her successors or assigns if the agency or political subdivision has not obtained a contract to acquire the land or has not filed appropriate proceedings within the one-year limitation; or
E. Any other method arrived at by mutual agreement.
(4) Failure of the City Planning Commission to notify an agency or political subdivision under division (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 requirements for a subdivider to provide parks or other open space except as required or specified in applicable zoning regulations or by the Open Space Plan adopted by the City Planning Commission.
(2) When a governmental agency (city, village, county or township) having jurisdiction over the land proposed to be subdivided, which land is not designated for open space or parks pursuant to the City Planning Commission Open Space Plan or applicable zoning regulations, desires land within the subdivision for that use, then the governmental agency, within the time designated in the notice under division (a)(1) hereof, shall notify the subdivider through the City Planning Commission.
(3) The governmental agency desiring such land 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 the expense thereof.
(4) If a governmental agency specifies its desire, as set forth in division (b)(3) hereof, then the City Planning Commission shall forthwith assist with negotiations for the same between the subdivider and the governmental agency and land shall be available by one of the following methods:
A. Statutory dedication, without compensation to the subdivider, to the governmental agency qualified to accept the same and to maintain and develop the land;
B. Statutory dedication, with reasonable compensation to the subdivider, to the governmental agency qualified to accept the same and to maintain and develop the land;
C. Reservation by the appropriate legal instrument for acquisition of a defined area by the governmental agency having authority to accept, develop and maintain the same for the specific use for a period of one year after the approval of the preliminary plan. The reservation shall provide for the specific release of the land from these requirements, reverting legal title to the subdivider or his or her successors or assigns if the governmental agency so authorized has not obtained a contract proceeding 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 covenant for the use of the property owners, with provision being made for the development and maintenance thereof;
E. The governmental agency may encourage open space subdivisions wherein private property owners, through the use of a homeowners' association, will conserve and maintain open space and recreation areas for the private use of property owners within the subdivision (see § 1250.06);
F. Failure of the City Planning Commission to notify a governmental agency under division (b)(2) hereof 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; or
G. 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 part does not receive final approval or is withdrawn by the subdivider before final approval. It is the intent of this division not to create a burden on the land if it is not to be subdivided. Any legal instrument creating such a reservation shall state this intent.
(Ord. 17-83, passed 6-6-1983)