Morgan Hill Municipal Code Art. III Reservation of Land

As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this chapter.

(Ord. 635 N.S. § A (part), 1983)

Where a park, recreational facility, fire station, library or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation element and/or a public building element, the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the definite principles and standards contained in the specific plan or general plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

(Ord. 635 N.S. § A (part), 1983)

The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

(Ord. 635 N.S. § A (part), 1983)

The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

(Ord. 635 N.S. § A (part), 1983)

If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

(Ord. 635 N.S. § A (part), 1983)