[Prior code § 18.11(23); amended by Ord. 248, 2007]
The requirements of this chapter are established to insure that
adequate parks, open spaces and sites for other public uses are properly
located and preserved as the Village grows and that the cost of providing
the park and recreation sites and facilities necessary to serve the
additional people brought into the community by land development may
be equitably apportioned on the basis of the additional needs created
by the development. The requirements shall apply to all lands proposed
for all residential development, including those, which do not involve
an additional land division. Any development approval, which enables
the creation of additional dwelling units, shall require compliance
with this parkland. This would include any land division, which creates
new lots. It would also include any building permit for any more than
one dwelling unit per existing lot (duplex, two-flat, or multifamily
building). Single-family homes to be constructed on vacant lots which
pre-date the adoption of the new subdivision ordinance would be the
only dwelling units which would be exempt.
A.
In the design of a subdivision, including minor subdivisions, or
planned developments, provision shall be made for suitable sites of
adequate area for parks, playgrounds, open spaces, schools and other
public purposes. Such sites as are shown on the official map, master
plan or parks and open space plan shall be made a part of the design.
Where such are not shown on these plans or map, consideration shall
be given to the preservation of scenic and historic sites, stands
of trees, marshes, ponds, streams, and woodland, prairie and wetland
plant and animal communities.
B.
The subdivider shall dedicate suitable land for the park, recreation and open space needs of the development in accordance with standards and recommendations contained in the plan for parks and open space. This shall include the provision of pedestrian and bikeway linkages necessary to provide access to park, recreation and open space areas as determined by the Plan Commission and park and recreation committee. All required land dedication under this subsection are in addition to the dedications or reservations required in Section 16.40.020.
C.
The subdivider shall dedicate sufficient land area and/or monetary
contributions to provide adequate park, playground, recreation and
open space to meet the needs to be created by and to be provided for
the subdivision, minor subdivision, or planned development project.
At least 1,200 square feet of land shall be dedicated for each proposed
residential dwelling unit within the approved final subdivision, minor
subdivision or planned development project and 500 square feet of
land for each institutional residential unit.
1.
Where a definite commitment is made by the subdivider with respect
to the number of dwelling units to be constructed on any parcel of
land, the dedication shall be based on that number. Where no such
commitment exists, the dedication shall be based on the maximum number
of dwelling units permitted in the zoning district:
2.
If the number of lots in the plat or survey is increased;
3.
The zoning classification is changed to increase the number of dwelling
units allowed; or
4.
The committed number of dwelling units is increased by the subdivider,
developer, or landowner the Plan Commission shall require additional
dedications for the allowed increase in dwelling units.
D.
All subdivisions, minor subdivisions and planned development projects are required to provide convenient pedestrian and bicycle linkages to park and recreation sites. Where, in the opinion of the Plan Commission, such linkages are required outside the public street right-of-way, they shall be reserved by easement and developed as an obligation of the subdivider or developer. The development of linkages shall not be counted toward the parkland dedication requirements in Subsection C of this section.
E.
Whenever a park site, recreation site or other public site that is
designated in the park and open space plan, master plan or official
map is of a larger area than the required dedication established herein,
the required dedication shall occur at the same time of final plat
approval. The Village Board may reserve the remaining lands for a
period not to exceed three years, unless extended by mutual agreement.
During such time period, the Village may, in its discretion, agree
to purchase the reserved lands at the fair market value established
at the time of the final plat approval, plus any real estate taxes
accrued from the date of reservation.
F.
Any land to be dedicated as a requirement of this section shall be
reasonably adaptable for the intended park and recreation uses and
shall be at a location convenient to the people to be served. Factors
used in evaluating the adequacy of a proposed park and recreation
area shall include, but not be limited to, size, shape, topography,
geography, tree cover, access, and location. The determination of
land suitability will be at the sole discretion of the Plan Commission
acting on the recommendation of the park and recreation committee.
All lands dedicated under this section shall have at least 100 feet
of frontage on a public street. The Plan Commission and park and recreation
committee may adjust this frontage requirement if better alternatives
for access are provided. Of the abutting frontage, all costs of public
streets, sidewalks, and utilities (normally assessable) shall be paid
for by the subdivider or developer.
G.
Where, at the discretion of the Plan Commission, acting on the recommendation
of the park and recreation committee:
1.
There is no land suitable for parks within the proposed subdivision
or planned development project;
2.
The dedication of land is not feasible;
3.
The dedication of land would not be compatible with the Village's
master plan and park and open space plan; or
4.
The Plan Commission determines that a cash contribution or combination
of land and contributions will better serve the public interest the
Plan Commission may allow the developer to make monetary contributions
for the purchase of land to fulfill the required land dedication.
H.
The Plan Commission and the park and recreation committee may require
or permit the subdivider to satisfy the dedication requirements of
this section by combining land dedication along with cash contributions.
I.
The amount of any contribution allowed to fulfill the requirement
of the land dedication shall be based on the lesser of either the
fair market value of the amount of land which would otherwise be required
to be dedicated or $33.05 for each institutional residential housing
unit and $82.65 each for all other dwelling unit types. The maximum
cost per dwelling unit may be adjusted annually for inflation per
Village Board approval.
J.
The amount of any cost allowed on the basis of fair market value
pursuant to Subsection 1 of this section shall be determined as follows:
the number of proposed residential dwelling units within the plat
shall be multiplied by 1,200 square feet, and the number of proposed
institutional residential dwelling units shall be multiplied by 500
square feet; then the resulting product(s) shall be multiplied by
the average value per square foot of improved land in the proposed
development. The fair market value shall be determined by the Village
assessor based on the projected assessed value adjusted to market
value in accordance with current practices of the Village assessor.
The fair market value shall be established for the year in which the
fee is to be received by the Village and re-established similarly
for phased developments. If the subdivider objects to such an evaluation,
he or she may at his or her expense obtain an appraisal of the property
by a qualified real estate appraiser approved by the Village, which
appraisal may be accepted by the Village Board if found reasonable.
K.
Payment shall be made within 14 days from the issuance of the building
permit unless otherwise approved by the Plan Commission. If the Plan
Commission has made no other approval, and any fees associated with
fulfilling the parkland requirement have not been paid within the
fourteen-day period, the building permit may be revoked.
L.
The Village Board shall place any fee collected pursuant to the provisions
of this section in a separate nonlapsing segregated fund to be used
for land acquisition of adequate park, playground, recreation and
open space. Moneys spent may be expended in other neighborhoods or
community facilities in reasonable proximity to the subdivision, as
determined by the Village Board, upon recommendation by the park and
recreation committee.
M.
Credit for Private Park and Recreation Areas. Where private park and recreation areas are provided in a proposed planned development district and such space is to be privately owned and maintained by the future residents of the development, such areas may be credited toward, but not to exceed 25% of, the requirement of dedication for park and recreation purposes, as set forth in Subsection C of this section, provided the Village Plan Commission, acting upon the recommendation of park and recreation committee, finds it is in the public interest to do so, and that the following standards are met:
1.
That yards, court areas, setbacks and other open areas required to
be dedicated or maintained by this title and the zoning regulations
shall not be included in the computation of such private open spaces;
2.
That the private ownership and maintenance of the open space is adequately
provided for by written agreement;
3.
That the use of the private open space is restricted for park and
recreational purposes by recorded covenants which run with the land
in favor of the future owners of property within the tract and which
cannot be defeated or eliminated without the consent of the Village
Board;
4.
That the proposed private open space is reasonably adaptable for
use for park and recreational purposes, taking into consideration
such factors as size, shape, topography, geology, access and location
of the private open space land; and
5.
That facilities proposed for the open space are in substantial accordance
with the recommendations of the adopted park and open space plan.
If the proposed private park is in the service area of a park site
designated in the park plan or a site dedicated and/or developed as
a public park, then no credits will be given for private facilities.
In making the evaluation of the credit for private recreation facilities,
the Plan Commission may retain independent professional services (agreed
upon by both parties) to determine the amount of credit, if any that
should be allowed. The developer shall pay the fees for such independent
evaluations.
N.
Park Facility Improvement Fees.
1.
The developer or subdivider shall pay within 14 days of the issuance
of the occupancy permit, or in the case of a multifamily housing development,
the developer shall pay, prior to the issuance of the final occupancy
permit a park facility improvement fee as set forth in the schedule
indicated in Subsection (N)(5) of this section. The collected fees
shall be utilized to construct park facilities for the plat, survey
or development. The park and recreation committee shall give priority
to establishing the proper neighborhood park facilities according
to the plan for parks and open space and the generally accepted standards
prior to expenditure for facilities in area or community parks. The
collected fee shall go into special segregated funds.
2.
In a neighborhood park the facilities shall be substantially constructed
to the extent practicable at the time of acceptance of improvements
of the final phase of the plat, or survey, or issuance of a certificate
of completion of a multifamily project's first building. However,
facilities adequate to serve the developments growing population shall
be constructed within one year of the acceptance date of the first
phase of improvements or the first certificate of completion.
3.
In the case of expenditures for area and community parks the money
shall be expended within seven years of acceptance of improvements
of the final phase of the plat, or survey, or issuance of a certificate
of completion of a multifamily project's first building on those
facilities that are proper for area and community parks. The funds
shall not be expended on neighborhood park facilities in an area or
community park, unless such area or community park serves the developments
neighborhood park needs. If these funds are not used within seven
years, the fees must be returned with interest to the current owner
of the property with respect to which the park facility fees were
imposed.
4.
Facility Defined. "Facilities," as used in this section, means parks,
playgrounds and land for athletic fields.
5.
Parkland Improvement Fee Schedule.
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Residential
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$600 per dwelling unit
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Institutional Residential
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$240 per residential dwelling unit
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The fee shall be adjusted annually as of January 1st of each
year, by the Zoning Administrator, utilizing the CPI-U for the North
Central States Small Metro Areas prepared by the Federal Department
of Labor, or is otherwise updated per actual land sales data.
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