(a) Dedication of Public Park Land Required. It shall be required that a developer of any residential subdivision within the City's territorial jurisdiction set aside and dedicate to the public sufficient and suitable lands for the purpose of public park land in accordance with the provisions of this Ordinance.
(1) All plats receiving Final Plat approval based on this Ordinance shall conform to the requirements of this section as a condition of approval.
(2) The Council and developer may negotiate the combination of public park land dedication to satisfy the provisions of this Ordinance.
(3) In the event the developer offers to dedicate land for a City Park classification that is defined in and/or located at a site established in the Master Plan, that meets the design standards of this Ordinance, and that is two or more acres in size, and that the Council finds is appropriate and suitable land for a regional city park, the City shall be obligated to accept the park land dedication; provided that the Council may waive such requirement, or may designate a different tract of parcel to be dedicated.
(b) Design Standards for Park Land. Any land to be dedicated as City Parkland shall be reasonably located near the geographical boundary of a development, be adaptable for use as a public park and recreation facility as defined by the Master Plan and be designed and located so as to satisfy the following general requirements.
(1) City Park dedicated land should form a single parcel of tract of land at least two acres in size unless it is determined that a smaller tract is in the public interest, and the smaller tract is contiguous to land that will be reasonably available for dedication or for purchase by the City.
(2) Public access to public park land delineated on a Preliminary Plat shall be ensured by provision of at least 100 feet of street frontage, in a manner satisfactory to the City. Likewise, adequate space for public parking should also be considered.
(3) At the time the land abutting the delineated areas is developed, the developer of such abutting land shall construct streets along all abutting street frontage, and shall provide water and wastewater utilities to the boundary of one side of the delineated area to meet minimum requirements of this Ordinance.
(4) The land to be dedicated to meet the requirements of this Ordinance should be suitable for public parks and recreation activities. In that regard, 50 percent of the dedicated land area should not exceed five percent grade. The Master Plan for the City shall be considered when evaluating land proposals for dedication.
(5) Any disturbed parkland shall be restored and the soil stabilized by vegetative cover by the developer.
(6) Areas within the 100-year floodplain may not be utilized to meet City Parkland dedication requirements.
(7) The location of parkland may be required at the edge of a subdivision so that additional land may be added at such time as adjacent land is subdivided or acquired for public use. Otherwise a centralized location is preferred.
(8) City staff shall make recommendations based upon the park land design standards and the provisions contained herein, concerning the amount and location of parkland, credit for private parkland and/or facilities, credit for land in the 100-year floodplain.
(9) All park areas and playground equipment shall be in accordance with the U.S. Consumer Products Safety Commission, Publication 325, as amended.
(c) Neighborhood Park Land Credit. Where park areas and recreational facilities are to be provided in a proposed subdivision, and where such areas and facilities are to be privately owned and maintained by the future residents of the subdivision, these areas and facilities shall be considered to satisfy the requirements of park land dedication if the following standards are met:
(1) That the private ownership and maintenance of such areas and facilities are adequately provided for by recorded written agreement, conveyance, or restrictions.
(2) That the use of such areas and facilities are restricted for park and recreational proposes by a recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City Council.
(3) That such areas and facilities are reasonably similar to what would be required to meet public park and recreational needs, taking into consideration such factors as size, shape, topography, geology, access, and location.
(4) That such areas and facilities for which credit is given shall include improvements for the basic needs of a local park. These improvements shall include one or more of the following: children's play areas, picnic areas, game court areas, turf play fields, swimming pools, recreational buildings, trails (sidewalks, walkways or bike trails), and landscaped sitting areas.
(5) The land dedicated as a Neighborhood Park and the cost of the improvements required to be made to the park prior to Final Plat approval are equal to or exceed the parkland requirements of this Ordinance.
(d) Method of Dedication. Land accepted for dedication under the requirements of this Ordinance shall be conveyed by either of the following methods:
(1) By dedication within the plat to be filed for record in Official County Records.
(2) By warranty deed transferring the property in fee simple to the City.
(3) In any event, land must be free and clear of any mortgages or liens at the time of such dedication or conveyance.
(Ord. 2022-002, passed 4-19-2022)