§ 38-53. General requirement for SF-E, SF-1, SF-16, SF-10, SF-8.4, SF-7, ZL-5, 2-F and MF-14, to be used for single-family, zero lot line, duplex, and/or apartment/multifamily residential purposes.

(a)

Whenever a final plat is filed of record with the county clerk for development of a residential area in accordance with the planning and zoning ordinances of the city, such plat shall contain a clear fee simple dedication of an area of land to the city for park purposes, which area shall be equal to or greater than the property being subdivided's pro rata share of neighborhood park property required for the neighborhood park district in which the property being platted or subdivided is located as shown by the park master plan. Any proposed plat submitted to the city for approval shall show the area proposed to be dedicated under this article. The requirement for dedication under this article may be met by a payment of money in lieu of land when permitted or required by the other provisions of this article.

(b)

The city council declares the development of an area smaller than one acre for public park purposes to be impractical. Therefore, if less than one acre is calculated to be the pro rata share of a development plat filed for approval, the developer shall be required to pay the applicable cash in lieu of land amount provided for by section 38-55(c), rather than dedicate any land area. No plat showing a dedication of less than one acre shall be approved.

(c)

In instances where an area of less than six acres but more than one acre is calculated to be the pro rata share of a development, the city council shall have the option of requiring land dedication or cash in lieu of land in accordance with section 38-55(c) after consideration of the recommendation of the planning and zoning commission and the parks and recreation board. If the city determines that sufficient park area is already in the public domain in the area of the proposed development or the neighborhood park district, or if the recreation potential for that zone would be better served by expanding or improving an existing park, dedication may also be refused and cash in lieu of land may, likewise, be required.

(d)

The dedication required by this article shall be made by filing of the final plat or contemporaneously by separate instrument. If the actual number of completed dwelling units exceeds the figures upon which the original dedication is based, additional dedication shall be required and shall be made by payment in lieu of land amount described by section 38-55(c), or by the conveyance of an entire numbered lot to the city.

(Code 1982, § 24-43; Ord. No. 87-1, § III, 1-5-1987; Ord. No. 99-20, § 1, 6-7-1999; Ord. No. 15-17, § 1, 6-1-2015)