(A) Land dedication. The basic land dedication requirement shall be that 2% of the total gross site area, plus .03 acres per dwelling unit proposed, shall be set aside as open space except that in no case shall the open space requirement exceed 25% of total gross site area. Such area shall constitute ground suitable for public parks and playground facilities as reviewed and approved by the Planning and Zoning Commission. For residential PUDs, location and quality of open space is addressed in the Neighborhood Design Guidelines.
(B) Provisions of private recreation facilities. If the resulting land dedication is determined to be of insufficient size or inappropriately located, or if public ownership and operation of such recreational areas is not feasible, the municipality may request that an applicant plan for the provision of privately financed and owned recreational facilities. Such private park areas shall be not less than 65% of the land area otherwise required under division (A) above, provided that such park areas shall be privately developed for recreational uses. The applicant shall be required to indicate:
(1) The proposed size and location of the park area.
(2) The proposed recreational facilities and site improvements to be made.
(3) A schedule indicating how actual construction of the proposed park and improvements are to be phased in relationship to overall project phasing.
(4) How both ownership and maintenance of such park areas is to be undertaken.
(C) Park fee. Should both previous options be deemed inappropriate or infeasible, the municipality may request an applicant to pay a park fee in lieu of land dedication. The per unit fee will be collected at the time final plat approval is requested and shall be based on the total number of units contained within the final plat as determined by using the following formula:
(1) Total site gross acreage
(2) Required land donation: (1) x .02
(3) Total number of dwelling units
(4) Required land donation: (3) x .03
(5) Total land donation: (2) + (4)
(6) Estimated value of land per acre at the site shall be determined by an appraisal of the site, obtained by the city. The city shall obtain an estimate of the reasonable cost of the appraisal, and the applicant shall pay such cost to the city in advance of the city contracting for the appraisal. The applicant shall also reimburse the city all reasonable costs incurred by the city in excess of the initial estimate for the appraisal.
(7) Value of land donation: (6) x (5)
(8) Per unit park fee: (7) divided by (3)
(D) Residential dwelling units which are not constructed as part of a planned unit development or subdivision. In those instances where residential dwelling units are constructed not as a part of a subdivision or planned unit development, each such residential dwelling unit shall pay such fee as determined by the park fee formula in division (C) hereof, except that in no event shall such calculated fee exceed $500 per each residential dwelling unit, regardless of total acreage involved.
(E) Use of fee. All fees shall be used solely for the acquisition of recreational facility sites, open space and/or parkland. None of the fees collected pursuant to this section may be used for any other purpose including but not limited to development, maintenance and operation of such publicly owned recreational sites and facilities.
(F) Deposit of fees. All fee money collected under this section shall be placed in a separate fund to be entitled Recreation Fee Fund.
(G) Prohibition.
(1) No certificate of zoning compliance for the construction of a residence shall be issued unless and until the fee provided for in this section is paid.
(2) No person, firm or corporation shall receive or be entitled to receive the certificate of zoning compliance for the construction of a residence structure unless and until the fee provided for in this section is paid on each such certificate of zoning compliance issued.
(3) Nothing contained in this section shall relieve or be interpreted as relieving any person, firm or corporation from complying with all other ordinances, laws, rules, regulations of the municipality or of any other governmental agency where they are now in force or hereafter enacted, regulating and governing the issuance of building permits for the construction of residence structures in the municipality.
(H) Effective period. The fee imposed by this section shall be levied, collected and paid concurrently with all certificate of zoning compliance applications for residential property on and after June 4, 1981.
('80 Code, § 1109.02) (Ord. 22-81, passed 5-4-81; Am. Ord. 36-86, passed 6-2-86; Am. Ord. 82-92, passed 6-1-92; Am. Ord. 58-09, passed 11-2-09; Am. Ord. 11-19, passed 4-8-19; Am. Ord. 05-23, passed 3-27- 23)