(a) Parks, Playgrounds and Recreation Areas.
(1) Recreation standards. The Planning Commission shall require that land be reserved for parks and playgrounds or other recreation purposes in locations designated in the Master Plan or otherwise where such reservations would be appropriate. 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. The area shall be shown and marked on the plat, "Reserved for Park and/or Recreation Purposes." When recreation areas are required, the Planning Commission shall determine the number of acres to be reserved on the basis of providing three acres of recreation area for every 100 dwelling units. The Planning Commission may refer such proposed reservations to the local government official or department in charge of parks and recreation for recommendation. The developer shall dedicate all such recreation areas to the local government as a condition of final subdivision plat approval.
(2) Minimum size of park and playground reservations. In general, land reserved for recreation purposes shall have an area of at least four acres. In no case shall an area of less than two acres be reserved for recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area. Where recreation land in any subdivision is not reserved, or the land reserved is less than the percentage in this subsection (a), the provisions of subsection (a)(4) hereof shall be applicable.
(3) 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; and shall be improved by the developer to the standards required by the Planning Commission, which improvements shall be included in the performance bond. A recreation site shall have a total frontage on one or more streets of at least 200 feet, and no other dimension of the site shall be less than 200 feet in depth. The Planning Commission may refer any subdivision proposed to contain a dedicated park to the local government official or department in charge of parks and recreation for a recommendation. All land to be reserved or dedicated to the local government for park purposes shall have prior approval of the governing body and shall be shown marked on the plat "Reserved for Park and/or Recreation Purposes."
(4) Alternative procedure: money in lieu of land. Where, with respect to a particular subdivision, the reservation of land required pursuant to this section does not equal the percentage of total land required to be reserved in subsection (a)(1) hereof, the Planning Commission shall require, prior to final approval of the subdivision plat, that the applicant deposit with the governing body a cash payment in lieu of land reservation. Such deposit shall be placed in a Neighborhood Park and Recreation Improvement Fund to be established by the governing body. Such deposit shall be used by the local government for improvement of a neighborhood park, playground or recreation area including the acquisition of property. Such deposit must be used for facilities that will be actually available to and benefit the persons in such subdivision, if possible and be located in the general neighborhood of such subdivision. The Planning Commission shall determine the amount to be deposited, based on the following formula: two hundred dollars ($200.00) multiplied by the number of building lots, less a credit for the amount of land actually reserved for recreation purposes, if any, as the land reserved bears in proportion to the land required for reservation in subsection (a)(1) hereof, but not including any lands reserved through density zoning.
(5) Other recreation reservations. The provisions of this section are minimum standards. None of the paragraphs above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section.
(b) Other Public Uses.
(1) Plat to provide for public uses. Except when an applicant utilizes planned unit development or density zoning in which land is set aside by the developer as required by the provisions of the Zoning Ordinance, whenever a tract to be subdivided includes a school, recreation uses (in excess of the requirements in subsection (a) hereof), or other public use as indicated on the Master Plan or any portion thereof, such space shall be suitably incorporated by the applicant into his sketch plat. After proper determination of its necessity by the Planning Commission and the appropriate local government official or other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site shall be incorporated by the applicant into the preliminary and final plats.
(2) Referral to public body. The Planning Commission shall refer the sketch plat to the public body concerned with acquisition for its consideration and report. The Planning Commission may propose alternate areas for such acquisition and shall allow the public body or agency thirty days for reply. The agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.
(3) Notice of property owner. Upon a receipt of an affirmative report the Planning Commission shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body.
(4) Duration of land reservation. The acquisition of land reserved by a public agency on the final plat shall be initiated within twelve months of notification, in writing, from the owner that he intends to develop the land. Such letter of intent shall be accompanied by a sketch plan of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed twelve months shall result in the removal of the "reserved" designation from the property involved and the freeing of the property for development in accordance with these regulations. (Ord. 10-14. Passed 8-14-14.)