A.
Dedication requirement. In order that adequate open spaces and sites
for public uses may be properly located and reserved, and in order
that the cost of providing public areas, such as but not limited to
parks and recreation areas, may be equitably apportioned on the basis
of additional need created by the subdivision development, each subdivider
shall be required to dedicate land or fees in lieu of land for park
or other public uses.
B.
General design. In the design of a subdivision, land division, planned
unit development or development project, provision shall be made for
suitable sites of adequate area for parks, playgrounds, open spaces,
drainageways and other public purposes. Such sites are to be shown
on the preliminary plat and final plat and shall comply with the City
Master Plan or component of said plan. Consideration shall be given
to the preservation of scenic and historic sites, stands of trees,
marshes, lakes, ponds, streams, watercourses, watersheds, ravines
and woodlands, prairie and wetlands, and plant and animal communities.
C.
Site reservations required.
(1)
Where the area proposed to be divided contains a park, playground
or other public area which is shown upon the Master Plan of the City,
such area shall either be dedicated to the proper public agency, or
it shall be reserved for acquisition thereby within a three-year period
by purchase or other means. If the land is not acquired during this
period, it shall be released to the subdivider.
(2)
Whenever any river, stream or important surface drainagecourse is
located in the area being divided, the subdivider of land shall provide
an easement along each side of the river, stream or drainagecourse
for the purpose of widening, deepening, relocating, improving or protecting
the river, stream or drainagecourse for drainage or recreational use.
(3)
Whenever a tract of land to be subdivided embraces all or any part
of an arterial street or other public way which has been designated
in the Comprehensive Plan component or on the Official Map of the
City, such public way shall be made a part of the plat and dedicated
or reserved by the subdivider in the locations and dimensions indicated
on such plan.
A.
Dedication of sites. Where feasible and compatible with the Comprehensive
or Master Plan of the City, the developer shall provide and dedicate
to the public adequate land to provide for park, recreation and open
space needs of the land development within the City of Brodhead. The
location of such land to be dedicated shall be determined by the Common
Council at the time of preliminary plat review. Where the dedication
is not compatible with the Comprehensive or Master Plan, or for other
reasons is not feasible as determined by the Common Council, the developer
shall, in lieu thereof, pay to the City a fee as established by this
article, or a combination thereof.
B.
Dedication of parks, playgrounds, recreation and open spaces. The
developer shall dedicate sufficient land area to provide adequate
park, playground, recreation and open space to meet the needs to be
created by and to be provided for the land division, subdivision or
comprehensive development. The minimum dedication shall be:
(1)
Five percent of the total acreage intended to be used for commercial
or industrial uses;
(2)
Five percent of the total acreage intended to be used for single-family
dwelling units;
(3)
Ten percent of the total acreage intended to be used for duplexes;
(4)
Ten percent of the total acreage intended to be used for multifamily
dwellings.
C.
Combination of residential uses. Where a combination of residential
uses is intended, the minimum dedication shall be the sum obtained
by adding 5% of the acreage intended for single-family dwellings,
10% of the acreage intended for duplex dwellings and 10% of the acreage
intended for multifamily dwellings. Where a definite commitment is
made to the City by the developer with respect to those portions of
the total acreage intended for single-family, duplex and multifamily
dwellings, the dedication shall be based upon the maximum dedications
which the zoning classification of the parcel will permit.
D.
Minimum size of park and playground dedications.
(1)
In general, land reserved for recreation purposes shall have an area
of at least two acres. Where the amount of land to be dedicated is
less than two acres, the Common Council may require that the recreation
area be located at a suitable place on the edge of the proposed land
division, subdivision or comprehensive development so that additional
land may be added at such time that the adjacent land is subdivided.
In no case shall an area of less than one acre be reserved for recreational
purposes if it will be impractical or impossible to secure additional
lands in order to increase its area.
(2)
Land reserved for recreation purposes shall be of a character and
location suitable for use as a playground, play field or for other
recreation purposes and shall be relatively level and dry. A recreation
site shall have a total frontage on one or more streets of at least
200 feet, and no other dimension of the site shall be less than 200
feet.
E.
Fees in lieu of land.
(1)
Where, in the sole discretion of the Common Council, there is no land suitable for parks within the proposed land division or the dedication of land would not be compatible with the City's comprehensive development or park plan, the minimum size under Subsection D cannot be met, or City officials determine that a cash contribution would better serve the public interest, the Common Council shall require the subdivider to contribute a park and recreation development fee in lieu of land. The fees collected shall be held in a nonlapsing fund to be used for purchase, development, improvement and maintenance of parks, playgrounds, open spaces and other recreational sites and facilities. The total fee shall be computed on the basis of the maximum residential use of each parcel permitted in the particular zoning district under Chapter 480, Zoning, of the Code of the City of Brodhead. For each proposed residential development, the fee shall be as set by resolution of the Common Council for each residential unit. The fee shall be paid to the City at the time of final plat or certified survey approval.[1]
(2)
The Common Council may, in its sole discretion, permit the subdivider
to satisfy the requirements of this article by combining a land dedication
with a fee payment. If a land dedication of 25% of the required dedication
is made, the subdivider shall also contribute an amount equal to 75%
of the required per-unit fee in lieu of land. If a land dedication
of 50% of the required dedication is made, the subdivider shall also
contribute an amount equal to 50% of the required per-unit fee in
lieu of land. If a land dedication of 75% of the required dedication
is made, the subdivider shall also contribute an amount equal to 25%
of the required per-unit fee in lieu of land.
(3)
The City shall place any fee collected pursuant to the provisions
of this section in a separate account to be used at the discretion
of the Common Council in any community park, for developing adequate
parks, playgrounds, recreation and open spaces.
F.
Park development fee. In addition, at the time a building permit is issued for new construction of a single unit or multifamily residential units, a one-time fee as set by resolution of the Common Council shall be assessed and paid as a special charge for park development. This fee shall be annually adjusted by the City Clerk-Treasurer by adding to the base fee the consumer price index (CPI) cost on March 1 of that year for each possible dwelling unit within the plat/land division allowed by Chapter 480, Zoning, of the Code of the City of Brodhead.[2]
G.
Limitations. A subdivider shall not be required to dedicate more
than 1/3 of the total area of the plat to meet the objectives of this
section.
H.
Suitability of lands. The Common Council shall have sole authority
to determine the suitability and adequacy of parklands proposed for
dedication. Drainageways, wetlands or areas reserved for streets shall
not be considered as satisfying land dedication requirements.
I.
Deeded to the City. Land dedicated for public purposes shall be deeded
to the City at the time the final plat is approved.
J.
Access to dedicated land. All dedicated land shall have frontage
on a public street and shall have unrestricted public access of 20
feet in minimum width with a five-foot walkway and one eight-foot
paved entrance.
K.
Utility extensions. The subdivider shall install or provide for installation
of water and sanitary sewer lines to the property line of all dedicated
land, where such services are to be provided to the adjacent properties.
When public parks and sites for other public areas as shown on the Master Plan or Master Plan component lie within the proposed area for development and are greater in area than required by § 472-47, the owner shall reserve for acquisition by the City, through agreement, purchase or condemnation, the remaining greater public area for a period of one year of final plat approval, unless extended by mutual agreement.
A.
When parklands are dedicated to the City, the subdivider is required
to:
(1)
Properly grade and contour for proper drainage;
(2)
Provide surface contour suitable for anticipated use of area as approved
by the City Engineer; and
(3)
Cover areas to be seeded with a minimum of six inches of quality
topsoil, seed as specified by the Recreation Director, fertilized
with 16-6-6 at a rate of seven pounds per 1,000 square feet, and mulched,
as specified in the standard "Specifications for Road and Bridge Construction,"
Section 627 and 629. The topsoil furnished for the park site shall
consist of the natural loam, sandy loam, silt loam, silty clay loam
or clay loam humus-bearing soils adapted to the sustenance of plant
life, and such topsoil shall be neither excessively acid nor excessively
alkaline. Fine grading and seeding must occur within one year following
issuance of the first building permit within that land division, unless
otherwise authorized by the Common Council. The improved area shall
not be deemed officially accepted until a uniform grass cover to a
two-inch height has been established. It shall be the responsibility
of the subdivider to maintain the area until the City accepts the
dedication.
B.
It shall be the responsibility of the City to maintain the dedicated
areas upon their dedication and acceptance by the City. The owner
of said land shall be responsible for its maintenance and liability
thereon, except that said owner shall not develop the surrounding
area in a manner which would unduly depreciate the purpose, use or
value of the dedicated property.
C.
A neighborhood park area shall be provided by the subdivider with
a standard residential water service, unless located directly adjacent
to a fire hydrant. A community park area shall be provided by the
developer with a minimum six-inch water service or at least one fire
hydrant and at least one four-inch sanitary sewer lateral, all located
at the street property line.
D.
The Common Council may require certification of compliance by City
officials. The cost of such report shall be paid by the subdivider.
E.
If the subdivider fails to satisfy the requirements of this section,
the Common Council may contract said completion and bill such costs
to the subdivider, following a public hearing and written notice to
the subdivider of noncompliance. Failure to pay such costs may result
in the immediate withholding of all building permits until such costs
are paid.
F.
The subdivider shall pay all costs of public improvements in the
public streets adjacent to or within all public and/or park lands.
G.
Development of parklands is to be completed as soon as 20% of the
planned lots in the subdivision are sold or developed, as determined
by the Common Council.
