(a) For any residential, commercial or industrial Subdivision, Council may determine whether a portion of such Subdivision, not exceeding five percent (5%) of the total area, exclusive of Public Streets, should be dedicated on the Plat to a public agency for park, playground or recreational uses. Such dedication may be required only if Council determines that there is a need for such property and that the dedication is related both in nature and extent to the impact that the proposed development will have on the parks and recreation system.
(b) The provisions of subsection (a) hereof shall apply to all improved or unimproved lands annexed to the City on and after the effective date of this section.
(c) Where feasible, the developer and the Municipal Planning Commission may work out an arrangement for parks, schools and recreational facilities.
(d) Proposed large scale neighborhood unit developments and similar unusual developments may require the dedication of such additional areas or sites of a character, extent and location suitable for needs for community facilities created by such particular developments where deemed necessary by the Commission and where Council has made the determination that the additional dedication is related both in nature and extent to the impact that the proposed development will have on the parks and recreation system.
(e) Whenever any new single-family Lots are created in accordance with the provisions of this Code in any residential Zoning district, then the subdivider, developer or owner, as the case may be, shall make a cash payment to the City of five hundred dollars ($500.00) per each new Lot created for deposit in the Special Parks Fund. Such deposits shall be used for the capital costs associated with the City’s parks, playground and recreation areas. This section shall not apply to any development for which a dedication of land to the City was required pursuant to Section 1101.06(a).
(f) For additional Lots created by Subdivision for single-family development, the public area payment shall be made following Council approval and prior to the signatures by City officials on the approved Subdivision Plat. When new Lots are created by Subdivision without Plat for single-family development, the public area payment shall be made following Commission approval and prior to the Clerk’s stamping the conveyance as to such approval. For multi-family, commercial and industrial development, a public area payment shall be required to be paid in accordance with Sections 1173.08 and 1175.11 and shall be paid at the time a building permit is issued for the construction of new multi-family units or for new or additional square footage of commercial or industrial development.
(Ord. 12-2008. Passed 4-7-08.)