Sec. 13-18(d). - Public sites, facilities and open spaces.
(a) Parks and open spaces.
(1) Dedication: All plans for residential subdivisions or residential planned unit developments shall provide for the dedication of land for park and open space uses. All dedications of land for park and open space purposes shall be consistent with any standards contained in the comprehensive plan. Such dedications shall be identified at the initial phase of development and must calculate a minimum of fifteen (15) percent of the total land acreage. If a specific site has been designed on any applicable park or open space plan for future park purposes, any preliminary or final plan shall show the dedications of land in a location that corresponds to the plan designation.
(2) General requirements:
a. Applicants shall designate areas of residential subdivisions or residential planned unit developments for parks, playgrounds, or other public open space and recreational uses in accordance with the requirements of this section. The applicant shall make an irrevocable offer of dedication of such park and open space land to either the city or property association.
b. Park land and open space to be dedicated to the city must be recorded via a clear fee simple title prior to the recording of the final plan of subdivision.
(3) Amount of land required: required land for dedication shall be a minimum of fifteen (15) percent of the total gross acreage minus any floodway or wetlands associated with the land. In this case, the net acreage with floodway and wetlands removed shall be the total acreage of the site.
(4) Floodplains and utility easements:
a. Land intended for dedication within the one-hundred-year-floodplain, as defined by the FEMA flood insurance rate maps, shall be credited at a rate of fifty (50) percent.
b. Land within utility easements shall not be credited in meeting the recreational land dedication.
(5) Payment in lieu of recreational land dedication. Notwithstanding anything contained in the above sections, the governing body, upon the recommendation of the planning staff, may allow the payment of a fee to the city in lieu of park land and open space provision.
(6) Amount of fee. Fees shall be assessed according to the following:
a. For developments with a density of four and eight-tenths (4.8) dwelling units per acre (DUA) or less, five hundred dollars ($500.00) per lot or dwelling unit in subdivision.
ii. For developments with a density of greater than four and eight-tenths (4.8) DUA, but less than ten (10) DUA, six hundred twenty-five dollars ($625.00) per lot or dwelling unit in subdivision.
iii. For developments with a density of greater than ten (10) DUA, seven hundred twenty-five dollars ($725.00) per lot or dwelling unit in subdivision.
(7) Reduction of requirements. The requirements for land dedication and fees in lieu of dedication may be reduced by the governing authority in exchange for recreational amenities provided by the developer.
(8) Design criteria. The land set aside for park and open space uses shall meet the following criteria:
a. The park and open space land shall be reasonably located so as to serve all of the residents of the subdivision or land development.
b. The park and open space land shall be accessible from a public street or shall adjoin and become a part of an already existing public park or open space area, which is accessible from a public street. Where access to the park is by public road, the width of the frontage shall be a minimum length deemed necessary by the municipality for access, visibility of this site, and public safety.
c. No more than twenty-five (25) percent of the park and open space land shall contain detention basins or other stormwater management facilities.
d. No more than fifty (50) percent of the parkland shall be located within a floodplain.
e. The park and open space land shall be compact and contiguous and shall meet the lot width ratio required of lots within a residential subdivision unless the land shall be used as a continuation of an existing trail or specific topographic features require a different configuration. An example of such topographic features would be the provision of public open space along a scenic creek.
f. When the park and open space land required to be dedicated is less than four (4) acres in size, the park and open space land shall be located at a suitable place on the periphery of the subdivision or land development so a more usable tract will result when additional park and open space land is obtained when adjacent land is developed.
g. At least fifty (50) percent of the finished grade of the site shall have a slope of three (3) percent or less.
h. The park and open space land shall be accessible to utilities such a sewer, water, and power that are provided with the subdivision.
(b) Where park, playground or areas for other public recreational uses should be provided in the subdivision in accordance with the comprehensive plan, the planning commission may require such area to be dedicated to the proper agency. Where a school should be provided in accordance with the comprehensive plan, the planning commission may require such area to be dedicated to the proper public agency or be reserved for acquisition by said agency within one (1) year. Such reservation shall continue in effect for a period of not more than one (1) year from the date of filing of the preliminary plat. This reservation period may be extended for a period not to exceed two (2) months upon submission of a letter to the planning commission by the appropriate governmental agency. This reservation may be discontinued upon written notice from the appropriate governmental agency stating that the property may be released for development.
(c) All land to be reserved for dedication to the local government or acquisition for public use purposes shall have proper approval of the appropriate governmental agency and shall be shown on the plat "reserved for park and/or recreation and/or public use purposes."
(d) All land to be reserved for park/recreation or open common space land not proposed for dedication to the City of Southaven must be maintained by a set property owners association.
(e) Where a subdivision contains sewers, sewage treatment plants, water supply systems, park areas or other physical facilities necessary or desirable for the welfare of the area and of common use or benefit which the governing authority does not desire to or cannot maintain, provision shall be made for the proper and continuous maintenance and supervision of such facilities by the lot owners in the subdivision and should be noted on preliminary/final plat for recording.
ALL COMMON OPEN SPACE, PARKLAND, RECREATIONAL LAND, LANDSCAPED AREAS, DRAINAGE/DETENTION AREAS LOCTAED WIHTIN THE SUBDIVISION MUST BE MAINTAINED BY THE PROPERTY OWNERS ASSOCIATION UNLESS DEDICATED TO THE CITY OF SOUTHAVEN. IN TH EVENT THAT THE COMMON OPEN SPACE, PARKLAND OR RECREATIONAL LAND IS NOT MAINTAINED, THE CITY WILL MAINTAIN BUT AT AN ASSESSED FINE TO EACH PROPERTY OWNER WITHIN THE SUBDIVISION. THIS FINE WILL BE ASSESSED ON THE MAINTENANCE REQUIRED.
