A. Use. Open space shall be dedicated for one (1) or more of the following uses:

B. Suitability. All areas dedicated as open space shall be of such topographic, hydrologic, geologic, and other physical characteristics to be qualified as suitable for open space, which determination shall be made by both the Parks and Recreation Director and the City Engineer. Areas including above-ground utilities and stormwater retention facilities are declared to be unsuitable; except, the City may qualify areas of stormwater retention facilities as suitable on a conditional basis when the land is seasonably available for use as qualified open space.

C. Siting. All open space land shall be located and sized to be suitable for its intended purposes. The City may deny the dedication of open space when the location or size of the open space is unreasonably inefficient to maintain or utilize, when the open space is isolated by barriers, when the open space is unreasonably remote from the intended users, or when the open space provides no benefits to the residents of the proposed development or to the public.

D. Access. Seventy-five percent (75%) of the dedicated open space required with each development shall be accessible to the general public to serve the recreational needs of the general public.

E. Ownership. The applicant shall warrant that all open space dedications are full fee title, free and clear of all encumbrances. All open space dedications are subject to review, approval, and acceptance by the City. The City may require dedications of open space to be recorded in the form of a document.

F. Notice. Notice of the open space dedication shall be provided by means appropriate to the intended use. Such notice shall include one (1) posted sign and one (1) form of public record. The public record might be revealed by a title abstract of the property. Such public record could include a statement on a recorded plat, covenant, or restriction.

G. Off-Site Open Space. Open space lands that are off-site and outside the proposed development may be approved and accepted by the City; provided, that the open space land is qualified open space in all other aspects; that the off-site open space land is transferred to the City full fee title, free and clear of all encumbrances; and that all off-site open space is within the boundaries of the same sub-area as the development, as identified in the land-use element of the Comprehensive Plan.

H. Failure of Qualifications. Where no site within the proposed development meets the above qualifications, the City may require that the applicant offer lands outside the development or pay the fee-in-lieu of dedication. In either respect, the alternate shall be pursuant to this chapter. (Ord. 2576, 7/27/10; Ord. 2392, 5/13/08; Ord. 2245, 2/14/06)