§ 110-330. Determination of land or fee.

(a)

Under this division, whether the city commission accepts land dedication or elects to require payment of a fee in lieu thereof or a combination of both shall be determined by consideration of the following:

(1)

Recreational element of the city's general plan;

(2)

Topography, geology, access and location of land in the residential development available for dedication;

(3)

Size and shape of the residential development available for dedication;

(4)

The feasibility of dedication;

(5)

Compatibility of dedication with the comprehensive development plan; and

(6)

Availability of previously acquired park property.

(b)

The determination of the city commission as to whether land shall be dedicated or whether a fee shall be charged or a combination thereof shall be final and conclusive.

(Code 1988, § 19-220)