(a) Regardless of the privately or commonly owned facilities and sites to be provided as part of the subdivision, the developer shall provide land for public sites, public parks and/or playgrounds, or publicly owned open space. The subdivider shall offer for dedication one-tenth acre per gross acre in a major residential subdivision to the City for public sites, park, playground, or open space purposes, such area not to exceed 10 acres. For minor subdivisions, the developer or owner shall pay a fee to the City in lieu of the dedication of public sites; such fee shall be utilized for the acquisition and/or permanent improvements to park sites, park-school sites or open space sites and shall be an amount equal to 10% of the estimated current market value of the entire property contained in the additional lot(s) to be created or amount established by ordinance per dwelling unit proposed, whichever amount is less.
(b) The City shall require that the dedication for all major subdivisions shall be in conformity with the Comprehensive Plan. When the land areas shown on the plan for the public sites exceed the amount required above in a particular subdivision, and when the same becomes apparent upon presentation of a preliminary plan to the Planning Commission, the City shall, before the final plan is approved by the City, have the right to purchase the additional acreage for public sites as shown upon the plan. The price therefore shall be a price agreed upon between the owner-subdivider and the City, acting through its Board of Control, or if not agreed upon, a price determined according to law in court proceedings. If the City and the owner-subdivider do not agree upon a purchase price for the acreage, or if the City does not agree upon a purchase price of the acreage, or if the City does not institute land appropriation proceedings within 45 days after the approval of the final plan by the Planning Commission the owner-subdivider may then proceed to develop the additional lands as private lots within the subdivision in order that the use, conveyance of transfer thereof may not be impaired for an unreasonable period of time.
(c) If no public site is indicated on the Comprehensive Plan in major subdivisions, and City Council shall determine that private recreational facilities maintained by the developer are not of equivalent value to the dedication otherwise required hereunder, then the City Council shall select land, upon recommendation of the Planning Commission and the Parks and Recreation Board, which is suitable for public sites, public parks, and or playgrounds, or public open space purposes; or, the developer shall, in lieu thereof, should City Council decline to accept or select land as a public site and should Council further determine that private recreational facilities maintained by the developer are not of equivalent value to the dedication otherwise required hereunder, pay a fee amounting to 10% of the estimated current market value of the entire property prior to proposed improvements or amount established by ordinance per dwelling unit proposed, whichever amount is greater. The value of the entire property, and any dedication requirements, shall be determined by mutual agreement of the owner-developer and the City acting through its Board of Control. In the event the parties are unable to agree to the value thereof, the value of the entire property shall be determined by three appraisers, one to be selected by the developer, one by the City, and one agreeable to both developer and the City.
(d) Any payment, including interest, in lieu of the dedication of public land shall be used to purchase land or to make permanent improvements to park sites, park-school sites, or open space sites, in accordance with the City's Comprehensive Plan and/or the Parks, Recreation and Open Space Master Plan adopted on December 8, 1983. Permanent improvements shall be limited to those improvements, facilities, and equipment which are designed specifically for permanent installation and use at the sites and may include recreational courts, fields, and fixed play equipment, shelters and other buildings, trails, bridges and walks, landscaping, tree plantings, lawns, and parking lots and drives.
(e) Whenever possible, the public owned and maintained recreational use shall be suited and improved for such purposes. Unless waived by Council, upon the recommendation of the Parks and Recreation Board and the Planning Commission, at least 50% of the land proposed for open space, natural area preservation, or recreational use shall be made usable and improved for neighborhood recreational purposes.
(f) Any land proposed for open space, natural area preservation, or recreational use shall be suited and improved for such purposes. Unless waived by Council upon the recommendation of the parks and recreation board and the Planning Commission, at least 50% of the land proposed for open space, natural area preservation, or recreational use shall be made usable and improved for neighborhood recreational purposes.
(g) Improvements for recreational purposes shall include, at the minimum, the fine grading, seeding, and fertilizing of proposed playfields to produce an easily mow able condition, the removal of all debris, the clearing of City-designated brush and undesirable and diseased trees, the improvement of storm water drainage and management facilities, as specified by the City Engineer, and the construction of sidewalks, pathways, hiking and bike trails, access drives and parking areas, and other improvements as specified in the approved preliminary plan for the subdivision.
(h) Prior to the finalization of the preliminary plans for the subdivision and prior to the plans being given approval by the Planning Commission, the preliminary plans, including specific information on all proposals for open space, natural area preservation, and recreational land and facilities shall be submitted to the parks and recreation board for review and recommendation.
(i) All proposed improvements for open space, natural area preservation, or recreational purposes shall be included in the construction plans for the subdivision, shall be approved by the City Engineer, and shall be covered by financial guarantees for performance and maintenance. All construction plans for subdivisions in which land is proposed for open space, natural area preservation, or recreational use, shall be referred to the director of parks and recreation for review and recommendation prior to the granting of approval by the City Engineer.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)