A.
Reservation and dedication of public land.
(1)
Whenever a tract of land to be divided by certified survey or subdivision
includes all or any part of land designated in an adopted regional,
County or Town trails plan or plan component, the location and dimensions
of such public land shall be identified on the certified survey map
or plat and either be dedicated to the public or be reserved for acquisition
by the County, the Town or other public entity for a period not to
exceed three years from the date the certified survey map or plat
is recorded with the Winnebago County Register of Deeds, unless the
time period is extended by the agreement of the subdivider, subsequent
owner of the property, or other authorized party with the County,
Town or other public entity.
(2)
If the Town of Vinland Land Use Plan requires a dedication of less trail area than is required by Subsection B, then the subdivider shall pay the in-lieu-of amount for the difference. If the Town of Vinland Land Use Plan requires a dedication of more Town- or County-owned public land than is required by Subsection B, the subdivider will be reimbursed for the undeveloped land value of the additional trail area.
B.
Dedications of open space.
(1)
Each subdivider, whether by subdivision or by certified survey map,
shall provide public trail area as required by this section.
(2)
Each subdivider shall dedicate 1,500 square feet of land to the Town
for each housing unit, provided land in the subdivision is shown on
the Town's Land Use Plan as a trail. This dedication shall be at no
cost to the Town.
(3)
The Town Board shall determine the number, size and location of all
dedications after considering the recommendation of the Town Plan
Commission. The Town Board has the right to refuse any dedication
of land it determines is unsuitable for trails.
C.
Payment in lieu of dedication.
(1)
If the Town, in its sole discretion, determines that the land proposed
to be dedicated is not suitable, because said land is not shown as
a potential park or trail, or has unexpected contamination, or upon
the mutual agreement of the subdivider and the Town, the subdivider
shall pay a fee in lieu of said dedication. These fees shall be paid
prior to recording the CSM or plat in the Winnebago County Register
of Deeds office.
(2)
Trail fees (based upon the market value of undeveloped land just
prior to development and upon projected public land development costs
and projected adjacent street and utility costs) shall be updated
periodically by the Town Board and become effective upon approval
by resolution of the Town Board. The proportion of such costs to be
covered by these fees and by projected property taxes from the new
development shall also be updated by said resolution.
(3)
In-lieu-of payments received by the Town shall be deposited in a
segregated, nonlapsing fund to be used for new trail development,
including site acquisition and related capital improvements. Disbursement
from such funds shall be made only upon specific approval of the Town
Board upon considering the recommendation of the Town Plan Commission.
(4)
The development of public land facilities shall be located in the
vicinity of the land from which the funds are based. Such facilities
shall be owned, operated and maintained by either the County or the
Town.
D.
Unimproved land.
(1)
The average value hereby established for the amount of undeveloped land, at the time of division (whether by platting or CSM) upon which trails are to be located as set forth in Subsection B(2) above shall be $200 per lot or dwelling unit potential, whichever is greater, or as updated by resolution per Subsection C above. This lot/unit value is based upon $15,000 per acre average for developable lands and $1,000 per acre for wetlands.
(2)
Whenever the divider or the Town feels said average value unfairly
represents the value of the specific tract being considered for dedication
or for public purchase in lieu of dedication, the Town Assessor shall
determine a fair value for the tract at the expense of the Town. If
the Assessor's determination is not satisfactory to one of the parties,
the Town shall contract an appraiser acceptable to both parties. The
cost of this appraiser's services shall be divided equally between
the parties. If the parties still cannot reach agreement on value,
either party may appeal the matter to the Circuit Court of Winnebago
County for resolution by the Court.
E.
Public land development fees. The average cost for public use space set forth in Subsection B(2) above shall be $150 per lot or dwelling unit potential in the development.
F.
Appraisal requirements. If such lands or facilities have been acquired in whole or in part with Town funds, not totally from the nonlapsing fund established in Subsection C(3) of this section, then an appraisal of the land or facilities shall be prepared, and the Town Board may acquire said land for an amount not to exceed the appraised value less the amount of funds applied from the nonlapsing fund established in this section.
A.
No construction or installation of improvements shall commence in a proposed subdivision until the final plat and a Town developer's agreement (as specified in § 361-21) has been approved and executed by the Town of Vinland. The subdivider shall file, along with the Town developer's agreement, a surety bond or other satisfactory security meeting the approval of the Town Board as a guarantee that such improvements will be completed by the subdivider or his subcontractors within the time limit established by the Town Board. The subdivider must have a Town-approved road or developer's agreement at the time of final plat approval.
A.
Plans and accompanying construction specifications are required in
the Town of Vinland developer's agreement before authorization of
construction or installation of improvements can be made.
B.
The subdivider is strongly urged to obtain a sample copy of the Town of Vinland developer's agreement from the Town Zoning Administrator during Vinland Town Hall hours prior to commencing any platting activity in the Town of Vinland. The developer will be required to provide information as called for in the developer's agreement and file a copy for review of a certified survey map (§ 361-18, if roadway is being created) and final plat application (§ 361-30).
The applicant, prior to commencement of any work within the
land division, shall make arrangements with the Town Board to provide
for adequate inspection. The Town Board shall inspect and approve
all completed work prior to release of the sureties; six months after
completion of work; and at the request of the subdivider.
Any sanitary district within the Town shall determine the feasibility
of service and the procedures to be followed by the owner of a proposed
subdivision within said district. Also, the following shall apply:
A.
Major land divisions and major condominium plats shall be served
by a public sanitary sewage facility in a sanitary district as part
of a public sewer system or by a private sewer system approved by
Winnebago County. Private holding tanks are expressly prohibited.
B.
Minor land divisions and minor condominium plats may be served by
a private sewer system approved by Winnebago County.
