[Adopted by the Town Board of the Town of Pittsfield as indicated in article histories. Amendments noted where applicable.]
Zoning — See Ch. 275.
[Adopted 5-13-1997 as §§ 2.001 to 2.004 of the 1997 Code]
The requirements of this article are established to ensure that adequate parks, open spaces and sites for other public uses are properly located and preserved as the Town grows. It has also been established to ensure 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 residential development.
This article is authorized under §§ 60.61, 61.34, 61.35, 62.23, and 236.01, Wis. Stats., and shall not be construed to limit the power of the Town to adopt such ordinance pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for accomplishing the purpose set forth herein, either in substitution of or in conjunction with this article.
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 schools, parks, playgrounds, open spaces, drainageways and other public purposes. Such sites as shown on the Official Map, Comprehensive Plan or Comprehensive Outdoor Recreation Plan, if applicable, shall be made part of the design.
The developer shall donate adequate developable land for the park, recreation and open space needs of the development, subject to a determination of acceptability by the Town Board. The developer shall donate sufficient land area that is suitable and readily developable to provide adequate park, playground, recreational and open space. These public lands shall be made a part of the plat or certified survey map and shall be donated to the public at a minimum rate of an acre for each 35 acres.
Where in the discretion of the Town Board there is no land suitable for parks within the proposed subdivision or the comprehensive development plan or the Town Board determines that a cash contribution would better serve the public interest, the Town Board shall recommend that the developer pay a fee in lieu of making the required land donation. In case of a certified survey map, the Town Planning Commission shall make its recommendation to the Town Board.
Where a fee in lieu of land system is used, the developer shall pay to the Town a fee equivalent to the fair market value of one acre for each 35 acres. The fair market value of such a lot shall be determined by the Town Assessor.
The Town Board may recommend the developer satisfy the requirements by combining land donation with fee payments. The fee in such cases shall be determined by subtracting the fair market value of donated land from the total fee which would have been imposed had no land been donated by the developer. The fair market value shall be determined by the Town Assessor.
All funds so collected by the Town shall be deposited as "Special Fund for the Acquisition and Development of Public Sites, Recreation Areas, Open Spaces and Greenways" (Park Special Fund), and such funds so levied and collected shall be used to pay a portion of capital costs for such purposes, at such places, and in such manner as shall be approved, ordered and directed by the Town Board. Any and all interest accumulated upon such funds shall be added to the special fund and used only for acquisition and developments for such purposes.
All fees provided for herein are required to be paid on or before the date of the Town's final plat approval or approval of a certified survey map.
In addition to the fees or dedication required in the preceding section, a one-time fee of $200 will be assessed at the time a building permit is issued for new construction in a new or existing subdivision for single-family residential and a one-time fee of $400 will be assessed at the time a building permit is issued for new construction in a new or existing subdivision for two-family residential. For apartment buildings, that is those units above one- and two-family, the fee shall be $200 per living unit.
If a person sells off a lot from his home or business, the value for determining the fee shall be based on the vacant lot that is sold off and not on the lot with the existing building.
The basis for the fee of one acre for each 35 acres shall be based on the assessed value prior to being subdivided unless, in the Assessor's opinion, this is not accurate, in which case he will determine the fair market value of the subdivision of property.
Where a certified survey map is required only for a zero lot line duplex or for correcting the legal description of property and does not really mean a subdivision of land, then there shall be no fee charged.
All approvals of certified survey maps by the Planning Commission are subject to the payment of the fee described above. If the certified survey map is recorded without paying the fee and the fee is not paid, then the Town may assess the amount unpaid as a special assessment and place it on the tax roll.
When a subdivision of land has been made and the park fee has been paid on such land, no further park fee shall be assessed against the developer on subsequent division of such land.
As used in this article, the following terms shall have the meanings indicated:
- Any person, firm, partnership, corporation, association, estate or other legal entity dividing land for development. This shall include all residential development.
- FAIR MARKET VALUE (MARKET VALUE)
- The highest price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus.
A developer upon whom a fee or dedication is imposed has the right to contest the amount, collection or use of the fee to the Town Board of the Town of Pittsfield. Such appeal shall be made within 30 days after the decision or action complained of by filing with the Town Clerk a notice of appeal specifying the grounds thereof. The Town Board shall thereafter reach its decision within 60 days from the filing of the appeal.