§ 70-714. Reservation of land for public purposes.

(a)

The subdivision agent, upon the recommendation of the planning commission, may require subdividers of residential subdivisions to set aside land for parks, playgrounds, schools, libraries, municipal buildings and similar public and semipublic uses, subject to the following:

(1)

Subdividers shall not be required to dedicate land for parks or playgrounds exceeding ten percent of the area of the subdivision, exclusive of street and drainage reservations, without reimbursement by the board. Where land is required in excess of this amount, the reimbursement by the board shall be based on a proportionate share of the cost of raw land, costs of improvements including interests on investments, development costs, plus not more than ten-percent profit on the total of such costs.

(2)

Subdividers shall not be required to reserve land for public purposes, other than streets, drainage, parks and playgrounds, except on a reimbursement basis. They shall be reimbursed by the jurisdiction or agency requiring the land. They shall not be required to hold the land longer than 18 months following the recording of the plat for such purchase. If the land is not purchased within the required 18 months, it may be sold as lots for the same purposes for which the subdivision was platted. The subdivider shall show on his final plat, by dotted lines and dotted numbers, the area and dimensions of lots to be created within the boundaries of any such reserved land and may sell such lots after the expiration of the time reservation, by lot number, without filing an amended plat. The agent shall make certain that lands so reserved are divisible in the same manner as the remainder of the subdivision so that the subdivider shall not be required to reserve an unusable portion of the subdivision.

(b)

Nothing contained in this section shall be construed to mean that land may be set aside for commercial purposes in a residential district without the land so required for commercial use being zoned appropriately in accordance with the county zoning ordinance.

(Ord. No. O-09-02, 1-27-2009)

(Ord. No. O-09-02, 1-27-2009)