(A) Dedication of park/open space dedicated.
(1) Any subdivider who seeks approval of a plat for the development of a residential subdivision which has a Master Plan potential greater than 100 residential lots shall dedicate by warranty deed a minimum of one-half acre of land to the homeowners association for public neighborhood park use for each 100 lots or fraction thereof. The subdivider shall be responsible for development of said park(s) and maintenance of said park(s) until such time that a homeowners association is established which shall assume maintenance responsibilities. The location of the open space shall be approved with the final plat.
(2) Any subdivider who seeks approval of a plat for the development of a residential subdivision which has a Master Plan potential for 100 or fewer residential lots shall make a payment in lieu dedication in accordance with division (E) below.
(B) Recreation sites. Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield or for other recreation purposes, and shall be relatively level and dry. The Recreation and Tourism Department of the city and/or the Recreation and Tourism Board shall be involved in the process for determining what land will be dedicated under the provisions of this section. All land to be reserved for dedication to the city for park purposes shall be clearly depicted on the plat: “Reserved for Park And/or Recreation Purposes”.
(C) Applicability of land utilizing average density. Any subdivision plat in which the principle of average density of flexible zoning has been utilized shall not be exempt from the provisions of its section, except as to such portion of land which is actually dedicated to the city for park and recreation purposes.
(D) Other recreation reservations. The provisions of this section are minimum standards. None of divisions (A) through (C) above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section.
(E) Alternative payment in lieu of land dedication.
(1) Subject to approval of the City Commission, a landowner or developer responsible for park/open space dedication under division (A) above may elect to apply to the city to meet the park/open space requirement, in whole or in part, by a cash payment in lieu of land. Such cash payment shall be based upon $10,000 per acre of park/open space required, or fraction thereof.
(2) Such payment in lieu of land dedication shall be deposited in a Park and Recreation Improvement Fund to be established by the city. The cash in lieu of land shall be used by the city for improvement of a neighborhood park, playground or recreation area, located in the general neighborhood of the development. The city may use the funds for the acquisition of property for this purpose. The neighborhood park, playground or recreation area shall be available to, and directly benefit, the persons in the subdivision for which payment was made.
(Ord. 08-29, passed 10-21-2009)