E. - PUBLIC SITES, FACILITIES AND OPEN SPACES

1.

Minimum common open spaces: Required open space: Within any residential subdivision, a minimum total area of ten percent of the gross area of the subject property shall be set aside as parks, playgrounds, or other common open space. Of this ten percent, a maximum of five percent may be covered with water. Parks and playgrounds must be suitably improved for their intended use as parks and playgrounds. Areas dedicated for common open space uses shall be freely accessible, and shall be topographically suitable for public use. Level floodplain areas adjacent to drainage ways may be dedicated as common open space with the approval of the city.

2.

Payments in place of land dedication:

a.

As an alternative to the dedication of open space within a residential subdivision, the applicant may voluntarily propose a payment to the city in place of the land dedication. The amount of the payment will be established by multiplying the total number of lots within the development by $350.00. In those instances where the applicant proposes such a payment, the proposal shall be submitted to the planning commission and the board the aldermen with submission of the preliminary plat to the preliminary development plan. The request to provide a payment in place of land dedication, or require dedication of the common open space within the development. In those instances where the payment alternative is accepted by the city, the payment shall be deposited by the applicant with the city prior to the recording of the plat for that development.

b.

Where the subdivision will be developed in a series of phases or sections, individual payments may be made prior to the recording of the plat for each phase or section. Each payment will be established by multiplying the total number of lots within each respective phase or section by $350.00.

3.

Alternative land donation: As an alternative to dedication of open space within a residential subdivision, the applicant may propose to donate land to the city in an area outside of the proposed development. The area of the alternative land proposed for donation shall be at least as much as that amount of land which would otherwise be dedicated as common open space within the development. Alternative property donated in lieu of required common open space shall be freely accessible, and shall be topographically suitable for public use. The applicant shall submit his request to donate alternative land in lieu of the dedication of common open space to the planning commission and the board of aldermen with the submission of the preliminary development plan. In no case, shall any alternative land proposed for donation to the city in lieu of common open space dedication be located within the 100-year floodplain as designated by the Federal Emergency Management Agency, upon a reclaimed landfill, or upon any other environmentally impacted land. The request to donate alternative land in lieu of the dedication of common open space shall include: a donation, a floodplain certification, an appraisal by an M.A.I. certified appraiser, a title certification prepared by an attorney licensed in the State of Mississippi reflecting clear title to the land proposed for donation, and an environmental audit report, each prepared by a registered engineer licensed to do business within the State of Mississippi. It shall be completely at the discretion of the board of aldermen to either accept the donation of land outside the residential subdivision or require the dedication of common open space within the development.

4.

Open space, other common elements, dedication and maintenance:

a.

Where any subdivision contains sewers, sewage treatment plants, water supply systems, retention/detention areas, common open space areas, buffer areas, natural areas, landscape strips, landscape islands, entrance signs, and any other common elements 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 of such facilities by the lot owners in the subdivision.

(1)

Where the common elements are to be maintained by the owners of property within the proposed development, the developer shall incorporate a homeowners or property owners association, as may be applicable, for this purpose prior to the recording of the plat. A copy of the finalized incorporation papers shall be submitted to the staff for inclusion in the subdivision file.

(2)

At the recording of the plat, the developer shall, concurrently, transfer the ownership of all common elements to the homeowners/property-owners association. Copies of all completed deeds shall be submitted to the staff for inclusion in the subdivision file.

5.

Conformance to the Comprehensive Plan: Adequate park, school, and recreational space shall be provided at convenient locations throughout the subdivision in conformance to the recommendations of the Comprehensive Plan. The amount, type, and locations of such areas will depend upon the size and type of development, and shall be developed in accordance with the location, space, and size requirements recommended in the Comprehensive Plan.

6.

Dedication/reservation:

a.

Where park, playground, or areas for other public recreational uses should be provided in the subdivision in accordance with the recommendations of the Comprehensive Plan, the planning commission may require such area to be dedicated to the proper public 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 reserved for acquisition by said agency within one year. Such reservation shall continue in effect for a period of not more than one year from the date of recording the final plat. This reservation period may be extended for a period not to exceed six months upon submission of a letter to the planning commission of intent to purchase 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.

b.

All land to be reserved for dedication to the local government or acquisition for public use purposes shall have the prior approval of the appropriate governmental agency and shall be shown upon the plat as "reserved for park and/or public use purposes."

(Ord. of 11-5-02(2), § 1)