A.
Dedication requirement. 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 the
subdivision development, each subdivider shall be required to reserve
land or dedicate land or fees in lieu of land for park or other public
uses. Each subdivider of land in the Village of Orfordville and extraterritorial
plat jurisdiction area shall, at the discretion and direction of the
Village Board, upon the recommendation of the Plan Commission, either
dedicate open space lands designated on the Village Comprehensive
Plan, Official Map, or plan component or reserve such open space lands
and pay a public site fee or, where no open space lands are directly
involved, pay a public site fee. The Plan Commission shall, at the
time of reviewing the preliminary plat or certified survey map, recommend
to the Village Board the land dedication option, fees in lieu of land
option, or reservation of additional land option and record such selection
in the minutes of the meeting at which the preliminary plat is presented
for approval.
B.
General design. In the design of a subdivision, land
division, certified survey map, planned unit development or condominium
project, 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 Village Comprehensive Plan
or component of said 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, as recommended by
the Village Engineer and Plan Commission and approved by the Village
Board.
A.
Dedication of site option. Whenever a proposed playground,
park or other public open space land designated on the Village's Comprehensive
Plan, Neighborhood Unit Development Plan or other Comprehensive Plan
component is encompassed, all or in part, within a tract of land to
be subdivided, the public lands shall be made a part of the plat and
shall be dedicated to the public by the subdivider at the rate of
one acre for each 20 proposed or potential dwelling units. "Dwelling
unit" shall include a unit of a condominium development.
B.
Lake and stream shore plats.
(1)
All subdivisions abutting on a navigable lake or stream
shall provide public access at least 60 feet wide providing access
to the low-water mark so that there will be public access, which is
connected to existing public roads, at not more than one-half-mile
intervals as measured along the lake or stream shore except where
greater intervals and wider access are agreed upon by the Wisconsin
Department of Natural Resources and the Wisconsin Department of Commerce,
and excluding shore areas where public parks or open space streets
or roads on either side of a stream are provided. No public access
established under this chapter may be vacated except by Circuit Court
action. This subsection does not require the Village to improve land
provided for public access.[1]
(2)
The lands lying between the meander line, established
in accordance with § 236.20(2)(g), Wis. Stats., and the
water's edge and any otherwise unplattable lands which lie between
a proposed subdivision and the water's edge shall be included as part
of lots, outlots or public dedications in any plat abutting a lake
or stream. This subsection applies not only to lands proposed to be
subdivided but also to all lands under option to the subdivider or
in which the subdivider holds any interest and which are contiguous
to the lands proposed to be subdivided and which abut a lake or stream.
C.
Unknown number of dwelling units. Where the plat, certified survey, or condominium does not specify the number of dwelling units to be constructed, the land dedication shall be based upon the maximum number of units permitted by Chapter 320, Zoning, and this chapter.
D.
Deeded to the Village. Land dedicated for public purposes
shall be deeded to the Village at the time the final plat is approved.
E.
Access to dedicated land. All dedicated land shall
have frontage on a public street and shall have unrestricted public
access.
F.
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 as shown on the Comprehensive Plan or Comprehensive Plan component lie within the proposed area for development and are greater in area than required by § 281-44, the owner shall reserve for acquisition by the Village, through agreement, purchase or condemnation, the remaining greater public area for a period of three years of final plat approval unless extended by mutual agreement.
A.
When parklands are dedicated, the subdivider is required
to:
(1)
Properly grade and contour for proper drainage;
(2)
Provide surface contour suitable for anticipated use
of area; and
(3)
Cover areas to be seeded with a minimum of four inches
of quality topsoil, seeded as specified by the Director of Public
Works, fertilized with 16-6-6 at a rate of seven pounds per 1,000
square feet, and mulched. 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.
B.
The Village Board may require certification of compliance
by the Village Engineer. The cost of such report shall be paid by
the subdivider.
C.
Grading and seeding of parklands is to be completed
as soon as 10% of the planned lots in the subdivision are sold, as
determined by the Village Board.
D.
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 public hearing and
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.
A.
The Plan Commission, in its sole discretion, shall determine whether to require dedication of land or payment of money from any subdivider. If the Plan Commission has determined to require payment of money in lieu of dedication of land, such money shall be paid to the Village Clerk-Treasurer at the first application for approval of a final plat of such subdivision in the amount of $200 for each dwelling unit within the plat allowed by Chapter 320, Zoning.
B.
If the value of undeveloped land is disputed, such
value shall be determined by the Assessor on the basis of full and
fair market value of the land as unimproved and unsubdivided land.
If the owner is not satisfied with such appraisal, he may appeal such
determination, in which case an appraisal board consisting of one
appraiser selected by the Village at its own expense, one selected
by the property owner at his own expense, and a third selected by
the two other appraisers at the Village's and property owner's expense
shall determine the value.
C.
Such fee shall be placed in a nonlapsing fund to be
used for park and recreational development.
D.
No payment shall be required for a lot created by
the division of land under this chapter on which a residential structure
already exists, or which is a residual parcel in excess of 10 acres
and not intended for immediate sale or other conveyance.
E.
Payment may be in a lump sum at the time of first
application for a final plat or 50% may be paid when 20% of the lots
are sold and the remaining 50% paid when 1/2 or 50% of the lots are
sold, such deferred payment to be guaranteed by surety bond or other
satisfactory financial guarantee to the Village.
F.
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.
G.
The required payment shall be made before the certification
or approval may be affixed to the final plat.
