§ 152.05 LAND DEDICATION.
   (A)   Formula.
      (1)   For development or redevelopments when a land dedication is made, the following formula will be used as a guideline to determine the appropriate land dedication requirements.
      (2)   The city may deviate from the following percentages based on unique circumstances associated with the site:
 
Type of Use
Land Dedication Percentage
Commercial
8%
Industrial
8%
PUD
Percentage based on actual usage
Residential
8%
 
   (B)   Dedication of parkland outside of development. Developers may, with approval of the City Council, dedicate the required parkland in property outside the development or redevelopment and located within areas designated in the city’s Parks Master Plan.
   (C)   Condition of parkland. The developer must rough grade the dedicated parkland to city specifications.
   (D)   Change of parkland requirements. The City Council, upon consideration of a particular type of development or redevelopment, may require larger or smaller parcels of land to be conveyed to the city if the City Council determines that the present or future residents would require larger or smaller land for park and playground purposes.
   (E)   Suitability of parkland. Land must be reasonably suitable for its intended use and must be at a location convenient to the people to be served and consistent with the park and recreational purposes. Land with dead trees, trash, junk, pollutants and unwanted structures is not acceptable unless the developer first removes the unacceptable material. To be eligible for park dedication, the land that is dedicated must be located outside of the drainage ways, floodplains or ponding areas after the site has been developed or redeveloped.
   (F)   Partial credit for private parkland. Where private open space for park and recreation purposes is provided in a proposed development or redevelopment, such areas may be used for partial credit, at the discretion of the City Council, against the land or park dedication fee requirement for park and recreational purposes, provided the City Council finds it is in the public interest to do so.
(2001 Code, § 1022.09)