Regardless of the facilities, sites or open space to be privately or commercially owned and operated, the developer shall provide land for public sites, public parks and/or playgrounds, or public open space.
(a) The developer shall offer for dedication one-tenth acre per gross acre in a proposed cluster development, planned unit development, multi-family development or planned residential development to the City for park, playground, or open space purposes.
(b) The City shall require that the dedication of public sites for all such residential projects be in conformity with the City's Comprehensive Plan. When the land areas shown on the Comprehensive Plan for any affected public sites exceed the amount required above in a particular residential development, and when the same becomes apparent upon presentation of a preliminary plan to the Planning Commission, the City shall, before the final approval is given by the City, have the right to purchase the additional acreage for public sites as shown upon the Comprehensive Plan. The price therefore shall be a price agreed upon between the applicant 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 applicant do not agree upon a purchase price for the acreage, or if the City does not agree upon a purchase price for the acreage, or if the City does not institute land appropriation proceedings within 45 days after the final approval of the plan by the Planning Commission, the applicant may then proceed to develop the additional lands as part of the residential development in order that the use, conveyance, or transfer thereof may not be impaired for an unreasonable period of time.
(c) If no public site is indicated on the Comprehensive Plan in the residential development and City Council shall determine that private recreational facilities maintained by the applicant 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, or playgrounds, or public open space purposes; or, the applicant 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 applicant are not of equivalent value to the dedication otherwise required hereunder, pay a fee established by ordinance per dwelling unit.
(1) The value of the entire property shall be determined by mutual agreement of the applicant and the City. 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 applicant, one by the City, and one agreeable to both applicant and the City.
(2) Any payments, including interest, in lieu of the dedication of public land shall be used to purchase land or to make permanent improvements to a neighborhood park, community park, park-school site or other appropriate site. Permanent improvements shall be limited to those improvements, facilities, and equipment which are designed specifically for permanent installation and use at the site 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.
(d) Planning Commission and Council may determine that the private recreational facilities proposed as part of the development are of equivalent value to provide adequate recreational opportunities for the residents of the proposed development, in which case the Planning Commission and Council may waive the dedication requirement.
(e) Whenever possible, the public sites in adjoining residential developments shall be located together so that larger, more usable sites are created.
(f) Any land proposed for publicly 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 percent of the land proposed for 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 mowable 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 permanent improvements as specified in the approved plan for the proposed residential development.
(h) Prior to the finalization of the plans for the proposed residential development and prior to the plans being given final 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 improvement for open space, natural area preservation, or recreational purposes shall be included in the construction plans for the proposed residential development, shall be approved by the City Engineer, and shall be covered by financial guarantees for performance and maintenance.
(j) The requirements of this section shall not duplicate similar requirements which may have been made on a proposed development through the Stow subdivision regulations. However, if the number or density of dwelling units has increased or other applicable characteristics of the development have changed since the development was approved by the City under the requirements of Section 1123.05 and other sections of the Stow subdivision regulations, then additional requirements may be made under the requirements of this section.
(Ord. 2007-222. Passed 1-10-08.)