A.
Dedication requirements. 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, recreation areas, and public schools, may be equitably apportioned
on the basis of additional need created by a certified survey or subdivision
development, each subdivider shall be required to dedicate land or
pay fees in lieu of land for park or other public uses. The provisions
of this article do not apply to land divisions within the extraterritorial
jurisdiction.
B.
General design. In the design of a subdivision, land division, planned
development, or certified survey, provision shall be made for suitable
sites of adequate area for schools, 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 Comprehensive
Plan or Park and Open Space 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.
A.
Dedication of sites. Where feasible and compatible with the Comprehensive
Plan or Park and Open Space Plan, the subdivider shall provide and
dedicate to the public adequate land to provide for park, recreation,
school, and open space needs of the land development within the Village
of East Troy. The location of such land to be dedicated shall be determined
by the Village Board. Where the dedication is not compatible with
the Comprehensive Plan or for other reasons is not feasible as determined
by the Village Board, the subdivider shall, in lieu thereof, pay to
the Village a fee as established by this article, or a combination
thereof.[1]
B.
Dedication of parks, playgrounds, recreation and open spaces. The
subdivider 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. Within the
corporate limits of the Village, whenever a proposed playground, park,
or other public land, other than streets or drainageways, designated
in the Comprehensive Plan or Official Map is embraced, all or in part,
in a tract of land to be subdivided, these proposed public lands shall
be made a part of the plat and dedicated to the public by the subdivider
at the following rate:
(1)
Within the corporate limits of the Village, whenever a subdivision
plat or condominium plat is presented to the Village Board, the Village
Board shall, at its sole option, require the subdivider to dedicate
to the public land at the rate of $1,651 per unit in the proposed
development or require the donation of funds or a combination of land/equipment/funds
at the same value. The land donated by the subdivider shall be valued
at $40,000 per acre (based upon a 2005 public needs assessment which
was used to determine the $1,651). Any donated land must be capable
of being developed as a neighborhood park, as determined by the Village
Board.
(2)
Public lands designated in a plan or map and required to be dedicated
which are in excess of the aforesaid rate shall be reserved for a
period not to exceed five years, unless extended by mutual agreement,
for acquisition by the Village at undeveloped land costs.
(3)
Outside the corporate limits of the Village, but within the extraterritorial
limits, the subdivider may be required to reserve such proposed public
lands as may be recommended by the Plan Commission as necessary for
parks and open spaces, for a period not to exceed five years, for
acquisition at undeveloped land costs by the municipality with appropriate
jurisdiction.
(4)
Within the corporate limits of the Village, whenever the Comprehensive Plan, Park and Open Space Plan, or Official Map does not embrace proposed playground, park, or other public lands, other than streets and drainageways, in order that adequate open space and sites for public use may be properly located and preserved as the community develops, and in order that the cost of providing the public park and recreation sites and facilities necessary to serve the additional families brought into the community by the subdivision may be most equitably apportioned on the basis of the additional need created by the individual subdivision development, the subdivider shall, in the design of the plat or certified survey map, dedicate a public site for future public use in the development of parks and recreational needs servicing the subdivision. The minimum amount of land to be provided by the subdivider by dedication shall be the same as provided for in Subsection B(1).
C.
Minimum size of park and playground dedications.
(1)
In general, land reserved for recreation purposes shall have an area
of at least one acre. Where the amount of land to be dedicated is
less than one acre, the Village Board may require that the recreation
area be located at a suitable place on the edge of the proposed land
division, subdivision or certified survey 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
100 feet in length, and no other dimensions of the site shall be less
than 100 feet.
D.
Fees in lieu of land.
(1)
In the event that dedication would result in sites too small to be
usable, or if the Comprehensive Plan or Park and Open Space Plan calls
for such public sites or open spaces to be located elsewhere, or if
the land to be dedicated would not be adaptable to meet desirable
on-site facilities, or if such sites would not otherwise be suitable,
a payment of a fee in lieu of land dedication shall be required. Factors
used in evaluation the adequacy of proposed park and open space areas
shall include size and shape, topography, geology, tree and other
plant cover, access, and location. The amount of such fee shall be
equivalent to the value of the required dedication. Such fee shall
be deposited in a nonlapsing fund to be used exclusively for park
and recreation development, including site acquisition and related
capital improvements.
(2)
Where the division results in the creation of not more than one additional
lot or parcel, payment shall be required only for the additional parcel;
no payment shall be required for a parcel on which a permanent residential
structure has existed for at least one year prior to the date of final
plat approval.
(3)
Where a lot or parcel for which payment has once been made is further
divided, payment shall be required only for the additional lots or
parcels created.
(4)
Where payment is made in lieu of dedication, it shall be made in
cash, in one lump sum (100%), at the time of approval of the final
plat or certified survey map. Where stage development of a subdivision
is approved by the Village Board, it may limit payments in lieu of
dedication to the area of the subdivision being developed, the entire
fee for the first stage being due and payable at the time of final
approval of the plat, and the entire fee for each phase subsequent
to the first shall be due and payable prior to the start of work on
each phase.
(5)
The Village Board 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 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 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 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.
(6)
The Village shall place any fee collected pursuant to the provisions
of this section in a separate account to be used at the discretion
of the Village Board in any community park, for developing adequate
parks, playgrounds, recreation, and open spaces.
E.
Suitability of lands. The Village Board 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.
F.
Access to dedicated land. All dedicated land shall have frontage
on a public street and shall have unrestricted public access.
G.
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 are shown on the Comprehensive Plan or Park and Open Space Plan within the proposed area for development and are greater in area than required by § 495-52, the owner shall reserve for acquisition by the Village, through agreement, purchase or condemnation, the remaining greater public area for a period of one year from final plat approval unless extended by mutual agreement.
A.
When parklands are dedicated to the Village, 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 Village Engineer.
(3)
Cover areas to be seeded with a minimum of four inches of quality
topsoil, seed as specified by the Village Engineer and mulch, as specified
in the Standard Specifications for Road and Bridge Construction, Sections
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 Village. 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 Village accepts the dedication.
B.
It shall be the responsibility of the Village to maintain the dedicated
areas upon their dedication and acceptance to the Village.
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 Village Board may require certification of compliance with this
article by the subdivider. The cost of such report shall be paid by
the subdivider.
E.
If the subdivider fails to satisfy the requirements of this section,
the Village Board may contract said completion and bill such costs
to the subdivider, following a 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.
