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materials. Where the easement is determined to be in the best <br /> • interests of the City, said easement shall also provide that the <br /> owners of the areas as to which said easement is granted shall <br /> not make, do, or place any fill, grading, improvement or <br /> development of any kind on or to such easement area, or raise the <br /> level of the easement area in any way, but all such right to <br /> fill, grade, improve and develop, and to raise the level of the <br /> easement area shall be granted by said easement to the City. <br /> 1008.18 - DEDICATION OF LAND OR CONTRIBUTION OF CASH FOR <br /> PUBLIC PURPOSE <br /> 1 . In every plat, replat, or subdivision of land to be <br /> developed for residential, commercial, industrial, or other use, <br /> or as a planned development which includes residentia and • <br /> commercial uses, or any combination thereof, as general rule, it <br /> is reasonable to require that an amount of land equal in value to <br /> ten percent (100) of the undeveloped land proposed to be <br /> subdivided shall be set aside and dedicated by the tract owner or <br /> owners to the general public as open space for parks, <br /> playgrounds, trails, or public open space; or, at the option of <br /> the City, the tract owner or owners shall contribute to the City <br /> an amount of cash equal to the fair market value of the <br /> undeveloped land otherwise required to be so set aside and <br /> • dedicated, or set aside and dedicate a part of such land and <br /> contribute the balance of such undeveloped land value in cash. <br /> The City Council shall determine the amount to be required by <br /> resolution from time to time. Any monies so paid to the City <br /> shall be placed in a special fund and used only for the <br /> acquisition of land for parks, playgrounds, trails, public open <br /> space; development of existing parks and playground sites, and <br /> debt retirement in connection with land previously acquired for <br /> such public purpose. For purposes of this Ordinance, "fair <br /> market value of the undeveloped land" is defined as the fair <br /> market value of the land within such plat, replat, or subdivision <br /> as of the date the plat, replat, or subdivision is presented to <br /> the City Council for approval of the final plat, as determined by <br /> the City Assessor in the same manner as he determines the fair <br /> market value of land for tax purposes. <br /> 2 . In addition, in every plat, replat, or subdivision of land <br /> to be developed for residential, commercial, industrial, or other <br /> use, or as a planned unit development, the land required for <br /> public streets, storm water holding ponds and wetlands shall be <br /> set aside and dedicated by the owners to the City. <br /> 1008 .20 - MAINTENANCE OF COMMON OPEN SPACE: OPERATING AND <br /> MAINTENANCE REQUIREMENTS FOR RESIDENTIAL SUBDIVISION COMMON OPEN <br /> SPACE FACILITIES <br /> • <br /> 10.41 <br /> s:document:ord inance:100816 <br />