10-24-2007 Council Agenda - Laserfiche WebLink

Home Browse Search

1007. PARK LAND DEDICATION REQUIREMENTS 1007.010. Subdividers as a prerequisite to approval of a subdivision shall dedicate to the City or dedicate to the public use, for park or playground purposes, for public open space or trail systems a reasonable part of the land being subdivided or in lieu thereof a cash equivalent. The form of contribution, cash or land, (or any combination) shall be decided by the City. 1007.020. Land to be dedicated shall be reasonably adaptable for use for active park and recreation purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. 1007.030. The Parks & Recreation Commission shall recommend to the City Council the location of the land and the amount of land to be conveyed or dedicated within a proposed subdivision. 1007.040. When a cash contribution is made in lieu of a dedication of land, the Parks & Recreation Commission shall recommend to the City Council the amount of cash that should be so contributed, which recommendation shall be based upon Little Canada Ordinance No. 161 as may be amended. 1007.050. Where a proposed park, playground or other recreational areas, proposed school site or other public ground that has been indicated in the official map and /or comprehensive plan is located in whole, or in part, within a proposed subdivision such proposed public site should be designated as such and should be dedicated to the City, School District or other proper governmental unit. If the subdivider chooses not to dedicate an area in excess of the land required hereunder for such proposed public site, the City shall not be required to act to approve or disapprove the preliminary plat of the subdivision for a period of sixty (60) days after the subdivider meets all the provisions of the Subdivision Ordinance in order to permit the Council, School Board or other appropriate governmental unit to consider the proposed plat and to consider taking steps to acquire, through purchase or condemnation, all or part of the public site proposed under the official map or master plan. 1007.060. Land area conveyed or dedicated hereunder may not be included by a subdivider as an allowance for purposes of calculating the density requirements of the subdivision as set out in the City Zoning Ordinance and shall be in addition to and not in lieu of open space requirements for Planned Unit Developments pursuant to the City Zoning Ordinance. 1007.070. Where private open space for park and recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do so and that the following standards are met: (a) That yards, court areas, setbacks and other open space required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and - 2 4 -