(A) Land dedication. The owners of a parcel of land of one acre or more in size and being subdivided shall dedicate to the city a reasonable portion of the land for use as public parks, playgrounds, trails or open space, or, in the alternative, the city may require a cash contribution as provided in division (B) below. As a general rule, it is deemed reasonable for the City Council to require as a condition of subdivision, approval dedication of 10% of the total square foot area of the land being subdivided, or the cash contribution provided for in division (B). The city may determine the location and configuration of any land dedicated, taking into consideration the suitability of the land for its intended purpose and future needs of the community for park, playground, trail, or open space property. This section shall apply to all new residential developments, and lot combination/redivisions meant to facilitate residential development and to all new industrial and commercial developments. It shall not apply to lot combination/redivisions which do not increase the number of residential dwellings, conversion of apartments to condominiums, or internal leasehold improvements.
(B) Contribution in lieu of land. At the city’s option, the subdivider shall contribute an amount in cash, in lieu of all or a portion of the land required under division (A) above as set forth in Chapter 33 based on the number and type of dwelling units the subdivision will accommodate in the case of any residential development and the total square foot area of the land being subdivided in the case of any commercial or industrial development.
(C) Land title. Prior to the dedication of the required property, the subdivider shall provide the city with an acceptable title opinion or title insurance policy addressed to the city, which insures the title and the city’s proposed interest in the property. In any land dedication, the subdivider must transfer good and marketable title to the city, free and clear of any mortgages, liens, encumbrances, or assessments, except easements or minor imperfections of title acceptable to the city. If land is not formally dedicated to the city in the final plat, the subdivider shall record all deeds for conveyance of the property to the city at the same time as the final plat or other appropriate division documents.
(D) Land not credited. At the city’s option, the following types of land shall not be credited for the requirements of this subchapter:
(1) Land dedicated or obtained as easements for storm water retention, drainage, roadway, or utility purposes;
(2) Land which is unusable or of limited use; and
(3) Land that is protected wetlands/floodplain.
(E) Cash contributions. Cash contributions, for single-family residential development, will be due and payable at the time of final plat approval by the city. Cash contributions for multi-family residential development will be due and payable at the time of building permit issuance. The applicant will execute a document in a form satisfactory to the City Attorney which acknowledges the obligation to pay amounts due under division (B) above at the time building permits are secured. The documents will be in recordable form and any fee charged in connection with the filing thereof shall be paid by the applicant.
(F) Park fund. Any cash contribution received pursuant to division (B) above shall be placed in a separate city fund and used only for park, playground, trail, or open space purposes.
(G) Dedication or contribution not required. In the case of subdivision of property with existing residential dwelling units already in place where no new units will be added, no land dedication or cash contribution shall be required.
(Prior Code, § 151.12)