§ 40-96. Public use and service areas.

(a)

Generally. Due consideration shall be given to the allocation of areas suitably located and of adequate size for neighborhood parks as well as for use as public areas.

(b)

Public open spaces. Where a school, neighborhood park or recreation area or public access to water frontage, shown on the master plan made and adopted by the planning commission, is located in whole or in part in the applicant's subdivision, the planning commission may require the dedication or reservation of such open space within the subdivision not less than a total of five percent of the gross area of water frontage of the plot, for park, school or recreation purposes.

(c)

Reserved facilities. Where community or public facilities of the master plan are located in whole or in part in a proposed subdivision, the commission shall require the reservation of the area necessary to accommodate such facilities. The local public board, commission or body having jurisdiction or financial responsibility for acquisition of said reserved facility or facilities shall within four months following recording of the final plat execute a written option to acquire by purchase or file suit for condemnation of said area reserved for such facility or facilities, provided however, said option must be exercised and fully consummated within 12 months following date of the recording of the final plat.

(d)

Servitudes.

(1)

Except where alleys are permitted for the purposes, the planning commission may require easements not less than 7½ feet in width for poles, wires, conduits, drainage, sewers, gas, water and/or other public uses along all rear lot lines, and along side lot lines if necessary, or if advisable in the opinion of the planning commission. Easements of the same or greater width may be required along the lines of or across lots where necessary for the extension of existing of or planned utilities.

(2)

Whenever any stream or improved surface drainage course is located in an area that is being subdivided, the subdivider shall dedicate an adequate right-of-way along each side of the stream for the purpose of widening, deepening, sloping, improving or protecting the stream or for drainage maintenance. For all drainage courses having a bottom width or normal water surface of five feet or more, the subdivider shall dedicate a right-of-way having a width of five feet for every one foot of bottom width. (For example, a 25-foot right-of-way shall be dedicated for all drainage courses having a bottom width of five feet. All surface drainage courses shall have sufficient right-of-way width for at least one to one (1:1) side slope, or side slopes having at least one foot of horizontal distance for each one foot of vertical drop.)

(e)

Community assets. In all subdivisions due regard shall be shown for all natural features such as large trees and watercourses, and for historical spots and similar community assets which, if preserved, will add attractiveness and value to the property.

(Ord. of 6-30-1969, § 4.23)