In laying out a subdivision, the subdivider shall comply with the following general principals and requirements:
(A) Parkland dedication.
(1) General.
(a) The City Council may require that land, in residential/commercial subdivisions, be reserved for parks and playgrounds or other recreation purposed in locations designed on the Master Plan or otherwise where reservations would be appropriate, and in accordance with the city’s capital improvement budget for parks and other recreation areas.
(b) Each reservation shall be of suitable size, dimension, topography and general character and shall have adequate road access for the particular purposes envisioned by the Planning Commission and City Council. The area shall be shown and marked on the plat, “Reserved for Park and/or Recreation Purpose.”
(c) The following factors may be taken into consideration when determining whether land shall be reserved or a fee required instead of dedication. The quality of the land to be subdivided is of a size or configuration that dedication is not feasible or practical. It will not create a parcel suitable for park development or for usable open space or trail thoroughfares. The open space, recreational, or common areas open to the public which the applicant already proposes to dedicate.
(d) The land is adjacent or readily accessible to already existing public park and recreation facilities, or publicly maintained open space.
(e) When recreation areas are required, the Planning Commission, Park Board, or City Council shall determine the number of acres which need to be reserved or acquired as a result of approval of the subdivision, based on 1 acre of recreation area for every 20 dwelling units.
(f) The Planning Commission or City Council may refer proposed reservations to the Park Board for recommendations.
(g) The developer shall stub water and sewer service to the land being dedicated, level the land to an acceptable grade and dedicate all recreation areas to the local government as a condition of final subdivision plat approval.
(2) Minimum size of park/rec and playground reservations.
(a) In general, land reserved for recreation purposed shall have an area of at least 2 acres. The City Council may require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at a time as the adjacent land is subdivided.
(b) Land reserved for recreation purposes shall be of character and location suitable for use as a playground, playfield or for other recreation purposes.
(c) It may have a slope of 4% or less. It may be located in an existing watercourse, a 100-year floodway, drainage easement or water ponding area. In addition, that portion of the land must have cover of 6 inches or more of topsoil suitable for the seeding and cultivation of grass.
(B) Trail/pathways. In addition, the Park Board may recommend, and the City Council may require, that land be dedicated for pathways or a trail system to an existing park, school or public facility.
(C) Cash payment.
(1) The City Council may require, prior to final approval of the subdivision plat, a cash payment in lieu of the dedication of land, at the city’s option.
(2) The deposit shall be placed in a park/recreation improvement fund to be established by the City Council.
(3) The fund is to be used by the local government for parks, playgrounds and/or recreation areas. It can be used only for improvements, additions, development and/or acquisition of property for park/recreational purposes.
(4) The cash payment required is per residential/lot.
(5) The cash payment required is per commercial/industrial acre.
(6) Previously subdivided land for which a park dedication or fee was received at the time of the first approval shall not be required to again dedicate or pay a fee, unless, and only to the extent of the net increase in the number of lots.
(D) Other recreation reservations. The provisions of this section are minimum standards. None of the divisions above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirement of this section.
(Ord. 489, passed 12-27-2005)