A. Findings and Statement of Policy
1. Findings
It is found and determined that the public health, safety, convenience, comfort, prosperity and general welfare require that at least seventeen acres of property for each 1,000 persons residing within the planning jurisdiction, as defined in this chapter, be devoted to parkland, and the same is hereby established as the parkland standard for all purposes of this chapter. The parkland standard utilized in this chapter was determined by computing the approximate existing ratio of parkland to population within the Centerville-Washington Park District (hereinafter referred to as "the Park District").
2. Statement of Policy
With respect to subdivisions and developments to which this chapter applies, at least eight and one-half acres of property for each 1,000 persons (.0085 acres per person) should be reserved for parkland by or at the expense of the subdivider or developer of the dwellings in which such persons shall reside, and the remainder of the seventeen-acre standard established in this chapter shall be acquired for such purposes by the Park District or the City. All parkland reserved or acquired under this chapter shall be developed and maintained by the Park District or the City.
B. Adoption of Park Plan
The Planning Commission shall adopt a plan for the parks and other public open grounds of the City, which may constitute a part of a Comprehensive Development Plan and which shall provide a guide for the orderly acquisition of parkland within the planning jurisdiction, in accordance with the parkland standard set forth in this chapter, the criteria set forth in this chapter and such other criteria as the Planning Commission may deem appropriate to accomplish the purposes of this chapter. In adopting the plan for the parks, the Planning Commission shall take into consideration the Master Plan of the Centerville-Washington Park District.
C. Provision of Parkland by Subdividers or Developers
Every subdivider or developer who files with the Planning Commission any proposal, plan or plat for the subdivision or development of land within the planning jurisdiction after a date which shall be the later of a date 30 days after the effective date of this chapter, or the date of the adoption of the plan for the parks referred to in this chapter, and who has not theretofore so filed any preliminary plat with respect to such subdivision or development or a development plan, shall either dedicate a portion of such land, pay a fee in lieu of land dedication, or dedicate land and pay a fee in lieu of land dedication, all as provided in this chapter, for the purpose of providing parkland to serve future residents of each such subdivision or development.
D. Determination of Total Population
1. Population Factor. For purposes of this chapter, a population factor for each dwelling unit planned for a subdivision or development shall be determined as follows:
Residential Dwelling Type | Population Factor Per Dwelling Unit |
Single-family | 3.25 |
Two-family | 2.50 |
Multifamily Unit (restricted to a maximum family size of one person) | 1.00 |
All other units | 1.75 |
2. Total population. Total population for any subdivision or development shall equal the sum of the population factors of all dwelling units to be included in the subdivision or development. For purposes of this chapter, the Planning Commission shall determine the number and types of dwellings to be included in any subdivision or development on the basis of such relevant information as it may have or be able to obtain tending to show the same, including, without limitation, any plans, estimates or statements of intention furnished by the subdivider or developer concerned relating to the proposed improvement of the subdivision or development, the nature and topography of the land involved and the nature and kind of improvements actually planned or probable thereon.
E. Determination of Land Dedication or Payment of Fee for Provision of Parkland
1. Determination by Planning Commission
The Planning Commission shall determine whether a subdivider shall dedicate land, pay a fee in lieu of land dedication or provide a combination of land dedication and fee payment.
2. Procedure
In making the determination referred to in subsection (a) hereof, the following procedure shall apply:
a. Contents of filings: At the time of filing a preliminary plat, final plat or development plan for approval, each subdivider or developer shall, as a part of such filing, submit a calculation of the total population of the plat or development in accordance with Section 1204.05 and indicate whether he or she plans to dedicate land as parkland, to pay a fee in lieu of dedication or to meet the requirements of this chapter by a combination of parkland dedication and fee payment. If such subdivider or developer plans to dedicate land, he or she shall indicate the area he or she desires to dedicate on the preliminary plat, final plat or development plan.
b. Planning Commission determination: After the Planning Commission has reviewed such preliminary plat, final plat or development plan, and after review of the same with the Park District, it shall determine whether the plans of the subdivider or developer to dedicate land, pay a fee in lieu of dedication or provide a combination of dedication and fee payment, are acceptable, provided that the Planning Commission shall make the determination so required within 60 days of the submission, unless the developer or his or her representative agrees to an extended period for such determination. If the Planning Commission fails to make a determination within said time period, or within any agreed extension period, such submission shall be deemed to be approved. Insofar as practicable, the determination of the Planning Commission shall be compatible with the plan for the parks.
c. Adverse effects of development; reclamation. If, in the opinion of the Planning Commission, any portion of land proposed for dedication has been, or will be, adversely affected by the operations of a subdivider or developer, and such land or portion thereof will require reclamation in order to render it suitable as parkland, the Planning Commission may require the subdivider or developer to furnish a plan for such reclamation. The Planning Commission shall seek the advice of the City Engineer and the Park District with respect to any such plan, and shall determine, on the basis of such advice, whether such plan is acceptable in view of the purposes of this chapter. In the event that such plan is acceptable, the subdivider or developer concerned shall implement such plan in accordance with a timetable approved by the Planning Commission. The City may, without prejudicing any rights the City may have at law or in equity, deny approval of a final plat for non-compliance with a previously approved reclamation plan or timetable involving that plat.
Commentary: A final plat shall not refer to the plat of the last section of an approved preliminary plat, but shall refer to any final map of all or a portion of a subdivision which is submitted to the City for final approval before recording at the office of the County Recorder.
d. Criteria: In making its determination, the Planning Commission shall utilize the following criteria:
i. Unity. Dedicated land must form a single parcel of land of not less than five acres in area, except in the event that the Planning Commission determines that two or more parcels of not less than five acres each would be in the best public interest or in the event that a parcel of less than five acres adjoins an existing or proposed park to provide a facility of five acres or more.
ii. Shape and topography. The shape and topography of the dedicated parcel of land shall be suitable for active and/or passive recreation to serve the public properly as determined by the Planning Commission after review with the Park District.
iii. Location. Dedicated land must be located in order to serve the recreation and open space needs of the subdivision or development for which the dedication was made.
iv. Access. Public access and maintenance access to five acres of dedicated parkland shall be provided by adjoining frontage of 400 or more feet at one location on a public street with street improvements, sidewalks and utilities installed by and at the expense of the developer, and as determined by the Planning Commission, by public walkways installed by and at the expense of the developer. Frontage shall be increased by at least forty feet for each additional acre of parkland.
v. Preservation of natural beauty. In all instances, natural features of scenic beauty, such as trees, plant life, brooks and other watercourses, topography, historic locations, views and similar conditions, which, if preserved, will add attractiveness and value to the dedicated land, shall be considered and preserved in the dedication of parkland.
F. Amount of Land to be Dedicated
1. The amount of land to be dedicated by a subdivider or developer pursuant to this chapter shall be determined in accordance with the following formula:
Acres of Land for Dedication | = | Total Population as determined in accordance with Section 9.47(D) | X | 0.0085 Acres |
G. Determination of fee in lieu of dedication
1. Amount. In the event the Planning Commission determines that a subdivider or developer shall pay a fee in lieu of land dedication, the amount of such fee shall be determined by the following formula:
Fee-in-lieu of Land Dedication | = | Land area otherwise required to be dedicated pursuant to Section 9.47(F) | X | Market Value |
2. Determination of Market Value. Market value shall be determined in accordance with Section 9.47(I).
H. Park Development and Maintenance
Park development and maintenance shall be provided by the Park District or the City.
I. Determination of Market Value
1. Time for determination. Market value shall be determined as of the time of filing the final plat or the final plat of the first section of an approved preliminary plat, at the time of filing of a development plan, with the City.
Commentary: A final plat shall not refer to the plat of the last section of an approved preliminary plat, but shall refer to any final map of all or a portion of a subdivision which is submitted to the City for final approval before recording at the office of the County Recorder.
2. Method of determination. Market value shall equal the average value per acre of all land in each subdivision or development in its raw, undeveloped state, plus one-half the cost of installation of 400 feet of public street, sidewalk and utility improvements in the subdivision for the first five acres of park area plus forty feet of public street, sidewalk and utility improvements for each additional acre, determined by application of one of the following procedures:
a. By agreement between the subdivider or developer and the Planning Commission, which may include appraisal by a qualified independent appraiser approved by the Planning Commission; or
b. In the event that the subdivider or developer objects to the foregoing method or valuation, by a three-member board of appraisers, one of whom shall be appointed by the Planning Commission, one of whom shall be appointed by the subdivider or developer, and one of whom shall be selected by the two appraisers so appointed. The decision of a majority of such board shall be final. The Park District or the City shall pay the cost of the board's appraisal.
J. Credit for Private Open Space
1. Allowance of credit. In the event that a subdivider or developer provides private open space for park purposes and such space is to be privately owned and maintained by the future residents of the subdivision or development, or by the subdivider or developer, and in the event that the Planning Commission determines that such private open space adequately fulfills a portion of the park needs of the proposed subdivision or development, the market value of such areas, as determined in Section 9.47, I, shall be credited against the land dedication or fee in lieu of dedication of land requirements of this chapter.
2. Maximum credit. Such credit, however, shall be allowed only up to a maximum of one-half of the total required land dedication or fee in lieu of dedication requirement. The remaining one-half shall be provided in accordance with the requirements of this chapter.
3. Standards and limitations. Notwithstanding subsections 1 and 2 hereof, the credit for private open space shall be allowed only if all of the following standards are met:
a. Yards, court areas, setbacks and other such open areas required to be maintained by the UDO shall not be included in the computation of such private open space.
b. Private ownership, development and maintenance of the private open space shall be assured by valid and enforceable undertakings on the part of the subdivider or developer, or otherwise.
c. The use of the private open space is restricted for park purposes by recorded covenants that run with the land in favor of the future owners of property within the subdivision or development, and which cannot by their terms be defeated or eliminated without the consent of the Planning Commission.
d. The proposed private open space is reasonably adaptable for park uses, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land.
e. Facilities proposed for the private open space can be reasonably expected to meet the needs of the future residents.
K. Treatment of Land to be Dedicated; Procedure for Dedication of Land and Payment of Fees
1. Following approval of a preliminary plat, final plat or development plan which designates land for dedication, the existing vegetation (except growing commercial crops other than growing timber), topography, features of historic value, stream courses, soil, rock strata and other natural features of such dedicated land, shall not be altered or their condition adversely affected in any way without the consent of the Planning Commission.
2. Dedication of land to the Park District or the City shall be by a general warranty deed conveying to the Park District or the City, and their successors and assigns, good and marketable title to the real estate described in such deed, free and clear of all liens and encumbrances.
a. This deed shall be executed and delivered to the Park District or the City for recording prior to the signing by the City of the final plat, prior to the signing of a final plat of the first section of an approved preliminary plat, or prior to the issuance by the City of any permit allowing implementation of an approved development plan.
b. In the case where the final plat is the first section of an approved preliminary plat, the City may permit the developer to place the deed to the parkland in escrow for later delivery to the Park District or the City at the time of approval of the final plat of the last section of an approved preliminary plat. However, if any final plat is submitted for approval that includes or has a boundary contiguous with the proposed park, the deed (whether in escrow or not) transferring the parkland to the Park District or the City shall be recorded prior to the signing by the City of that final plat.
c. Open space covenants for private parks shall be submitted to the City Council prior to approval of the final plat or development plan and shall be recorded at the same time as the final plat or prior to the issuance of any City permit allowing implementation of an approved development plan.
3. If a fee in lieu of dedication is required, the amount thereof shall be deposited with the City prior to the signing by the City of the final plat or prior to the issuance by the City of any permit allowing implementation of an approved development plan.
a. In the case where the final plat is a section of an approved preliminary plat, only a proportionate amount of the total fee in lieu of dedication for the approved preliminary plat shall be paid prior to the signing of each approved final plat which is a section of that preliminary plat.
b. In the case of a permit allowing implementation of a portion of an approved development plan, only a proportionate amount of the total fee in lieu of dedication for that approved development plan shall be paid.
Commentary: A final plat shall not refer to the plat of the last section of an approved preliminary plat, but shall refer to any final map of all or a portion of a subdivision which is submitted to the City for final approval before recording at the office of the County Recorder.
L. Amendments of Approved Plats or Development Plans
1. Any amendment of an approved plat or development plan which, under the provisions of this chapter, increases the requirement for parkland dedication or payment of a fee in lieu of parkland dedication by a developer, shall require that such increased parkland be dedicated or that such fee in lieu of such increased parkland be paid by the developer in compliance with the requirements of this chapter.
2. Any amendment of an approved plat or development plan which, under the provisions of this chapter, decreases the requirement for parkland dedication or payment of a fee in lieu of parkland dedication by a developer, shall not require the deeding by the Park District or the City of any previously dedicated parkland back to the developer, the alteration of any deed placed in escrow or any escrow agreement that was a requirement of this chapter, or the repayment to the developer of any fee in lieu of parkland dedication already paid by the developer to the Park District or the City.
M. Limitation on Use of Land and Fees
Any land or fees received by the Park District or the City pursuant to this chapter shall be used only for the purpose of providing parkland to properly serve the future residents of the subdivision or development concerned. Fees paid pursuant to this chapter shall be deposited in a Park District or City fund to be used only for the acquisition of parkland within the City or adjacent to the City. No part of such fees shall be used for the purpose of development or for paying salaries, wages or other general operating expenditures. No deed or fee shall be deposited with the Park District or the City until such time as the Park District or the City certifies that it shall develop and permanently maintain any parkland acquired under the terms of this chapter and shall use fees only for the acquisition of land under the terms of this chapter.
N. Reduction of minimum lot area and minimum lot frontage requirements.
Reduction of minimum lot area and minimum lot frontage requirements by the dedication of additional parkland or the payment of an additional fee in lieu of dedication shall be as provided in the supplemental zoning district requirements of the UDO.
O. Variances
See Section 5.17, Variance Procedure.
P. Violations; Remedies; Penalty
See Section 3.15, Ordinance Enforcement and Penalties.