(A) Land dedication. In addition to the land dedicated for parks and playground facilities under § 152.086, for a residential subdivision, planned unit development or a subdivision containing residential living units, an amount of land equal to .025 acres per residential or dwelling unit proposed, shall be dedicated as a site for the purpose set forth in division (B) above, except that in no case shall the site exceed 25% of the total gross site area.
(B) Use of land. The municipality shall use property acquired hereunder for parks, playgrounds, gymnasiums, swimming pools, indoor recreation centers, or other public purposes. Such property may be used in connection with a school building or school premises operated by the Board of Education of the Dublin Local School District, and will be dedicated on a case by case basis. Nothing in this section shall prevent any such parks and recreational facilities from being jointly acquired, operated and maintained by the municipality and the Board of Education of the Dublin Local Schools, if both parties so agree.
(C) Facility site fee. If the resulting land dedication for a recreation site is determined to be of insufficient size, inappropriately located, or for any other reason the municipality determines it does not need such land, the applicant shall pay a recreation site fee in lieu of a land dedication under this section. The fee shall be used for the purpose set forth in division (D) below.
(D) Residential dwelling units which are not construed as part of a planned unit development or subdivision. In those instances where residential dwelling units are constructed not as part of a subdivision or planned unit development, the fee for each such dwelling unit shall be ½% of the total land and building costs of the residential or dwelling unit with a minimum fee of $350 and a maximum fee of $1,000 per residential or dwelling unit, regardless of total acreage involved, under the terms described in division (C) above.
(E) Use of fee. All fees required to be paid by this section shall be paid to the municipality and held in a fund created hereby. Such 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, construction, reconstruction, enlargement, improvement, maintenance and operation of such publicly owned recreational sites and facilities. The municipality shall expend additional funds for park and recreational purposes from its general fund or other funds.
(F) Prohibition.
(1) No building permit for the construction of a residence or other dwelling unit 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 building permit for the construction of a residence structure unless and until the fee provided for in this section is paid on each building permit.
(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 hereinafter enacted, regulating and governing the issuance of building permits for the construction of residence structures in the municipality.
(G) Effective period. The fee imposed and land required to be set aside by this section shall be set aside, levied, collected and paid concurrently with all certificate of zoning compliance applications for residential property on and after November 20, 1986.
(H) Uses prohibited. Under no condition is any land obtained hereunder and used jointly with any school district to be used for the erection of an educational building, storage site, bus terminal, administration facility or other such use.
('80 Code, § 1109.021) (Ord. 58-86, passed 10-20-86; Am. Ord. 82-92, passed 6-1-92)