(A) Generally. Where a proposed park, playground, school, or other public use shown in the comprehensive plan is located in whole or in part in a subdivision, the Planning Commission may require the reservation or option by the appropriate public agency of purchasing such an area within the subdivision, in those cases in which the Planning Commission deems such requirements to be reasonable.
(B) Dedication of parks and recreational land for residential areas. Upon the recommendation of the Planning Commission and approval by the Common Council, and other consideration of the particular type of residential development proposed, the subdivider shall be required to dedicate and deed to the city such areas of a character, extent, and location suitable to the needs created by such development for park and other recreational purposes. It is hereby found and declared that at the time of platting it is reasonable to require an amount of land equal to 5% of the land proposed to be subdivided for parks and recreation purposes.
(1) As an alternative, if the land proposed for dedication does not meet the needs of the area, the Common Council, after receiving a recommendation from the Planning Commission, may require the subdivider to pay in cash an amount equal to 5% of the fair market value of the UNDEVELOPED LAND, as defined in this section, in lieu of the dedication of land.
(2) The fair market value shall be determined by the City Assessor’s Office. For purposes of this section only, UNDEVELOPED LAND shall be defined as bare, platted land after utilities, streets, and other normal improvements are in place. The cash payment shall be used for the purchase of land or the development of existing or future parks and playgrounds in the same general area. When land is dedicated and deeded to the city for park purposes, it shall be responsibility of the City Parks Department to maintain such dedicated property.
(C) Dedication for storm water holding areas and ponds. Upon recommendation of the Planning Commission and approval by the Common Council, the subdivider may be required to dedicate to the public up to 5% of the land proposed to be subdivided for storm water holding areas or ponds. The 5% dedication shall not be considered in addition to the 5% dedicated for parks and recreation purposes as it relates to residential subdivision.
(Prior Code, § 151.043)