[Adopted by the Town Board of the Town of Pittsfield as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.[1]
E.
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.[1]
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.
