Ordinances-2012-314

iii. Prior to dedication, the subdivider or developer will be responsible for restoring satisfactory ground cover and controlling erosion on land to be dedicated that has been disrupted as a result of development activities by the subdivider or developer. 3) Procedure For Dedication Of Land: a) The dedication of land must be reviewed as part of the preliminary subdivision plat or preliminary planned development plan, whichever is applicable. The subdivider or developer must designate the area or areas of land to be dedicated pursuant to this article on the preliminary subdivision plat or planned development plan. Where wetlands have been delineated on the property, the preliminary subdivision plat or planned development plan must also identify the boundaries of such wetlands. b) Upon receipt of the preliminary subdivision plat, all reviews will be done by Planning and Zoning according to Planning and Zoning procedures. C) PAYMENT OF FEES IN LIEU OF LAND DEDICATION 1) General: The payment of fees in lieu of dedication of land may occur at the request of the subdivider or developer with approval By the City, or may be required by the City. The payment of fees in lieu of land dedication must be reviewed and approved as part of the preliminary subdivision plat or preliminary planned development. 2) Request by Subdivider or Developer: a) If a payment in lieu of open space is requested, the subdivider or developer must include such request in a letter submitted with the application for a preliminary subdivision or preliminary planned development, whichever is applicable. b) The City Clerk Will forward a copy of the preliminary subdivision plat or preliminary planned development, along with a copy of the letter requesting payment of fees in lieu of land dedication to the planning and zoning commission. c) The planning and zoning commission will consider the request for payment of fees in lieu of land dedication during the subdivision or planned development review process and forward its recommendations to the City council. 3) Determination Of Fees In Lieu Of Dedication Criteria: The City may, at its discretion, require the payment of fees in lieu of the subdivider dedicating land, if the City finds that all or part of the land required for dedication is not suitable for public recreation and open space purposes, or upon a finding that the recreational needs of the proposed subdivision can be met by other park, greenway, or recreational facilities planned or constructed by the City within reasonable proximity to the subdivision. The City will consider the following factors in making its determination: