[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
All residential subdivisions shall, as part of the final plat process, reserve land for open space and public parks. This requirement shall apply to newly platted areas as well as areas that are being re-platted. Final determinations as to dedication of land, including location thereof or acceptance of cash-in-lieu thereof, shall be made by the Board of Aldermen, upon recommendation by the Planning and Zoning Commission.
B.
Land areas proposed for dedication shall be shown on the preliminary plat for consideration by the City as part of the review and approval process. Dimensions, location and topographic features of the proposed open space shall be shown on the plat to permit a thorough review and determination of the flexibility and usability of the property. Prior to approval of a preliminary plat proposing the dedication of open space, the Planning and Zoning Commission shall review and make a recommendation on the acceptance of the proposed dedication.
C.
The area of such open space for public use shall be based upon a calculation of the anticipated residential population of the subdivision when fully developed, as follows:
1.
The area/population shall be at the rate of two and one-half (2.5) acres of park land per two hundred fifty (250) persons.
2.
Such population shall be determined on the basis of three (3) persons per family unit for single-family and two-family developments and two (2) persons per family unit in other multi-family areas.
D.
All plats should provide for the dedication of open space at locations designated in the "parks and open space" element of the Comprehensive Plan. Further, the City shall review and evaluate proposed dedications based upon the criteria and standards contained in the "parks and open space" element. If a proposed dedication does not meet the criteria and standards, it may be rejected.
E.
The dedication of land for public use shall be conveyed by the developer in fee absolute title by warranty deed to the City of St. Robert. Such land shall be free of liens, special assessments and other encumbrances and shall have all taxes paid to the year of dedication. The location of boundaries of such land shall be marked with permanent monuments in accordance with the criteria for subdivision plat found in this Chapter.
F.
Payment of cash in lieu of such dedication shall be at the rate of eight thousand dollars ($8,000.00) per acre for required park land based upon acreage requirements as calculated by the formula in Subsection (C) of this Section. If this rate is not acceptable to the applicant, the value per acre shall be determined by an appraiser, agreed upon between the applicant and the City or, failing such agreement, by a commission consisting of one (1) appraiser appointed by the developer, one (1) appraiser appointed by the City and a third (3rd) appraiser to be appointed by previously appointed appraisers, which decision by a majority shall be controlling. Reasonable compensation of the appraisers shall be paid by the developer. The rate of land value shall be adjusted annually at the beginning of each year based on the Federal Bureau of Labor statistics report on the change in the Consumer Price Index during the most recent preceding twelve (12) month period. The amount so determined shall be paid prior to approval of the final plat.
G.
In some cases, private open space may be provided in a proposed subdivision to meet up to half (½) of this requirement. Such space is to be privately owned and maintained by the future residents of the subdivision and such areas shall be termed as open space reservations. Said reservations of open space shall be subject to the following standards:
1.
Yards, court areas, setbacks and other open areas required to be maintained by the Land Development Regulations shall not be included in the computation of such private open space; and
2.
The private ownership and future maintenance of the open space is adequately provided for by written agreement; and
3.
The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City; and
4.
The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as shape, topography, geology, access and location of the private open space land; and
H.
The provisions of this Section are minimum standards. None of the Sections previously set out shall be construed as prohibiting a developer from dedicating or reserving more land for recreational purposes than required by this Section.
I.
The open spaces shall include continuous wooded areas, water areas, natural areas, recreational areas and other non-vehicular paved pedestrian areas. All open spaces shall be adequately landscaped and, where possible, existing mature trees shall be retained.