Division 3. Development Exactions And Dedications  

§ 23-751. Dedication of sites for recreational uses or fee in lieu.
Latest version.

a. Where an evaluation under the concurrency management system (See article VII, div. 1) indicates that additional usable recreation land and facilities are needed to maintain the adopted level of service standard, the developer shall dedicate land of suitable size, topography and general character to the city or pay a fee that is equal to the fair market value of the land otherwise required to be dedicated. The required acreage or fee shall be determined by the administrative official based on the development impact data submitted in connection with the proposed development.

b. Where dedication of recreation land is not required to maintain the adopted level of service, the city may refuse to accept such land, or establish reasonable conditions for acceptance. Proposed recreational uses must be consistent with the Future Land Use Map of the Lake Wales Comprehensive Plan. Other conditions may include, but are not limited to, the following:

1. Land must be readily accessible and usable for recreational purposes.

2. Land must be fully or partially developed for recreational use at time of acceptance.

3. The facility would meet a specific recreational need of the city (i.e., picnic areas, boat launch facilities).

§ 23-752. Dedication of right-of-way.
Latest version.

Right-of-way required to serve all development shall be dedicated to the City of Lake Wales in accordance with the requirements of section 23-303. Where subdivisions are bordered by public right-of-way, additional right-of-way shall be dedicated so as to meet minimum widths specified in the comprehensive plan. Where dedicated right-of-way is extended to an adjoining property or street, there shall be no reserved strips affording private control of future access. The city may require public reserved strips where such reservations promote the public health and safety and implement the comprehensive plan. Where right-of-way has been dedicated independent of any requirement of these land development regulations or the Comprehensive Plan, the city may refuse to accept such right-of-way, or establish such conditions for acceptance as the city commission determines to be reasonable.

§ 23-753. Dedication of utility easements.
Latest version.

Easements for public utilities shall be dedicated to the city as required in conjunction with approvals subdivision plats, planned development projects, site plans, and site development permits.

§ 23-754. Conveyance of land, streets or facilities to an owners association.
Latest version.

Where common land, private streets or facilities are not to be dedicated to the city but are to be conveyed to an owners association, the following standards shall apply:

a. The organization or legal entity established for the purpose of owning and maintaining common land, private streets or facilities shall be created by covenants running with the land. The documents creating such an association shall be reviewed and approved by the city attorney prior to issuance of the final development order.

b. No such organization shall be dissolved nor shall it dispose of any common land, private streets or facilities by sale or otherwise except to an organization conceived and organized to own and maintain such property. The organization may offer to dedicate all such land, streets and facilities to the city. The city may make acceptance subject to improvements which shall be made before the land, streets or facilities are transferred. If the city agrees to accept the land, streets or facilities, the organization may be disbanded, but not before the improvements are made and the property is transferred.