(A) Required dedication or reservation. Where a proposed park or school site, as shown on a land use plan adopted by City Council, is located in whole or in part within a proposed subdivision, the Planning and Zoning Board may require the following:
(1) The dedication to the public of part or all of the proposed site; and/or
(2) Reservation of the site for a period of up to three years to enable acquisition by the appropriate agency or entity.
(B) Minimum dedication requirements.
(1) In all subdivisions or developments which result in additional dwelling units within the city, the owner/developer shall be required to dedicate land to public sites and open space without compensation or to pay an amount equal to the value defined herein, of such land to the Board of Park Commissioners for the purpose of developing public sites and open space. The amount of land to be dedicated by the owner/developer shall be determined according to the following formula:
Acres of land for dedication = total population X 0.005
(2) The total population of any subdivision will be determined by:
(a) Determination of a population factor for each dwelling unit in the subdivision; and
(b) Summation of all population factors for each dwelling unit in the subdivision.
(3) The population for each dwelling unit shall be as follows.
Single-family dwelling | 3.0 |
One bedroom multiple family | 1.5 |
Two bedroom multiple family | 2.0 |
Three bedroom multiple family | 3.0 |
(C) Modifications to requirements. The Planning and Zoning Board, in conjunction with the Board of Park Commissioners, may modify the requirements as specified above when the owner/developer has shown that at least one of the following conditions exist:
(1) The development will house a population substantially lower than that established above;
(2) The development will have a low need for parks and recreation services; or
(3) The unique or special characteristics of the project that justify modification of these requirements can be reasonably expected to continue for the life of the project.
(D) Fee in lieu of dedication.
(1) The Planning and Zoning Board, in conjunction with the Board of Park Commissioners, shall determine if land proposed for public sites and/or open space is suitable and desirable for such purpose. If it is determined that the land is not suitable for such purposes, the owner/developer shall pay a fee-in-lieu of land dedication to the Board of Park Commissioners, for the purposes of developing other sites or open spaces.
(2) The amount of such fee shall be $200 for each dwelling unit within the subdivision.
(E) Private recreational areas.
(1) In lieu of the requirements of divisions (B) and (D) above, the owner/developer may devote not less than the acreage required in division (B) above to a private recreation area for the use of the occupants of the subdivision. The recreation area must be of suitable size for recreational purposes, as determined by the Board of Park Commissioners and the Planning and Zoning Board. The owner/developer must present a plan for development and perpetual maintenance of the site proposed, and such plan must be reviewed and approved by the Board of Park Commissioners and the Planning and Zoning Board.
(2) The owner/developer shall also provide security to ensure development and maintenance of the site in the form of a bond, deposit of funds or other form satisfactory to the Planning and Zoning Board.
(2003 Code, § 153.490) (Ord. 3459, § 37.12, passed 3-7-2002) Penalty, see § 153.999