This article shall apply to all residential subdivision plats and/or the owners or applicants for approval thereof. Anything herein to the contrary notwithstanding, all final plats submitted to the City from and after the adoption of this article shall meet the requirements of this article regardless of whether the preliminary plat had been previously approved.

All subdividers subdividing land under provisions of this code for residential purposes within the boundaries of the City shall, prior to the recording of their respective final plat, and subject to the other provisions hereinafter following:

1.

Dedicate land to be used solely and exclusively for public mark and recreation purposes; or

2.

Make an equivalent monetary contribution based upon a value of the land required to be dedicated, in lieu of the actual transfer of land.

Whether or not land or money shall be given over to the City shall be at the sole option of the City Council.

The Board of Parks Commissioners shall participate in the design of neighborhood master plans in order to approve of proposed public park and recreation land sites. Future public park and recreation sites as designated in the approved neighborhood master plans or as approved by the Board of Parks Commissioners and Planning Commission shall be delineated on the preliminary plat and reserved for dedication or purchase. A preliminary plat shall not be placed on a Planning Commission agenda until such plat has been reviewed and approved by the Board of Parks Commissioners for public park dedication requirements. Submission of such preliminary plat shall constitute consent by the landowner for the City to zone all of the delineated areas into a "Park Land" (PL) zoning category, provided the preliminary plat has been approved. Uses permitted in the "Park Land" zoning category shall be limited to public parks and recreational areas; provided, however, that the grazing of animals and growing of crops may be permitted prior to dedication to the City. The City Clerk upon request shall inform the Cleveland County Tax Assessor of the property involved, that it has been reserved for the public benefit, and shall request that it be assessed on the tax rolls at the minimum value.

Standards for determining the amount of land and/or fee which will be required under this article shall be adopted by resolution of the City Council after receiving the recommendation of the Board of Parks Commissioners. In adopting the standards, the City Council and the Board of Parks Commissioners shall consider the following factors as well as any other factors that may be deemed pertinent:

1.

The area of the proposed subdivision;

2.

The number of persons projected to occupy the fully developed subdivision;

3.

The size of the lots in the subdivision;

4.

The density of the dwelling units in the subdivision;

5.

Location of existing park land near the subdivision road; and

6.

The comprehensive plan guidelines for the City.

Any land to be dedicated to meet the requirements of this article shall be reasonably located and adaptable for use as an active neighborhood public park and recreation facility. Such determination shall be made by the Board of Park Commissioners, whose decision may be appealed to the City Council. Factors to be used in evaluating the adequacy of the proposed Public Park and recreation areas include, but are not limited to, the following:

1.

Unity: the dedicated land should form a single parcel or tract of land;

2.

Shape: the shape of the parcel or tract of land to be dedicated should be appropriate for public parks and recreation purposes;

3.

Access: public access to public park land delineated on a preliminary plat shall be ensured by provisions of at least fifty (50) feet of street frontage, in a manner satisfactory to the Board of Parks Commissioners. At the time the land abutting the delineated areas is developed, the subdivider of such abutting land shall furnish and pay for paving all abutting street frontage and shall provide water and sewer access to the boundary of one side of the delineated area to meet minimum requirements as determined by the Planning Commission; and

4.

Topography: the land to be dedicated to meet the requirement of this article should be suitable for public parks and recreation activities. In that regard fifty percent (50%) of the dedicated land area should not exceed five percent (5%) grade.

A.

A separate fund to be deposited at the highest interest rate permitted by law to be entitled "Park Fee Fund" shall be and is hereby created and the money paid in by owners, subdividers and applicants at final approval of subdivision plats in lieu of the dedication of land and interest thereon, shall be held in the fund in trust to be used solely and exclusively for the purpose of purchasing public park and recreational land or the construction of park improvements upon land in the general area in which the subdivision is located.

B.

At such time as the City Council, based upon the recommendation of the Board of Parks Commissioners, determines that there are sufficient funds derived from a certain area in the park fee fund to purchase usable parkland, the City Council shall cause negotiations to be undertaken to purchase the site by mutual agreement or by condemnation proceedings. In making such determination for the purchase of the site, the conditions of Section 12-684 of this code shall be taken into consideration. The principal and interest deposited and kept in the park fee fund shall be used solely for the purpose of purchasing land for public park and recreation uses, and shall never be used for improving, maintaining or operating public park facilities, or for any other purpose.

Land accepted for dedication under the requirements of this article shall be conveyed for either of the following methods:

1.

By dedication within the plat to be filed for record in the office of the County Clerk of Cleveland County; or

2.

By warranty deed transferring the property in fee simple to the City.

In any event, land must be free and clear of any mortgages or liens at the time of such dedication or conveyance.