10-21-14: - PARKS, SCHOOL SITES, OTHER PUBLIC PLACES:

A.

When the preliminary plan is submitted for the division of property, a part or all of which is deemed suitable by the planning commission for schools, parks, playgrounds, or other public use in accordance with the master plan, the planning commission shall require the applicant to include the required public open space in the subdivision design to the satisfaction of the planning commission.

B.

The applicant, at or before the time of presentation of the final subdivision plat for approval of the city council, shall offer to sell to the city or other appropriate agency, at any time during the two (2) year period immediately following the recording of the final plat, any land which has been set aside for park, playground, school or other public use at a fair market price.

C.

In the case of land required for park or playground, the fair market price will be based upon raw land value, but in no event may such price exceed the price for said land in the last bona fide sale thereof within the period of five (5) years immediately before the date of the final subdivision plat.

D.

The city or other appropriate public agency may accept such offer at any time within a two (2) year period immediately following the recording of the final plat. If any such proposed public areas have not been purchased by the appropriate public agency within two (2) years after the recording of the final plot, such areas may be divided into lots in accordance with the requirements of this chapter and sold.

(1985 Code § 19-40-9; amd. Ord. 977, 1-2-2024; amd. Ord. 988, 11-6-2024)