§ 22-01-110. Public sites and open spaces.

(a)

Any subdivision, re-subdivision or phased development, where the subdivider is installing public infrastructure, i.e., water lines, sewer lines and curb, gutter and paving, the subdivider shall pay three (3) percent of the subdivider's own engineer's estimate of the installed cost of infrastructure. These funds shall be deposited in a fund specifically used for the acquisition and development of parks, playgrounds and/or other public recreation uses within the park zone established by the comprehensive plan in which the new development is located, or for other necessary public infrastructure. These funds must be paid at the time the subdivision is approved. For a phased development the subdivider will pay into the park zone fund five (5) percent of the estimated infrastructure costs of that phase. Should the subdivider choose, and the city agrees, the subdivider may dedicate five (5) percent of the total land area of the entire proposed subdivision to the city for use as a park, public facility, or fire station. The minimum size for this dedication shall be one (1) acre. Development by the city shall begin within two (2) years after the subdivision reaches seventy-five (75) percent occupancy of the phase in which public land dedication is located; or, the land will revert back to the subdivider.

(b)

If locations for schools are set aside by the comprehensive plan in any proposed subdivision, the school board may purchase such lands from the subdivider for school purposes.

(c)

When additional right-of-way is required by the city for streets or easements and is not shown on the comprehensive plan or designated in its floodplain management ordinance, the city shall pay the subdivider for the current appraised value of that portion of the land, as determined by an independent certified appraiser.

(Ord. No. 1197, § 13, 3-23-04)