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(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)
(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)
(A) There is established the Parkland Acquisition Fund, a capital project fund.
(C) This fund shall be used by the city for the acquisition of recreational facility sites, open space and/or parkland.
('80 Code, § 1109.022) (Ord. 30-92, passed 6-1-92; Am. Ord. 118-95, passed 1-8-96)
(A) This section is not applicable to PUD zoned areas.
(B) Within five days after the final plat has been filed, a copy thereof shall be transmitted to the Municipal Engineer, who will check the plat to determine if the final plat conforms to the preliminary plat as approved. ff the final plat does so conform, the Engineer, within ten working days after the plat has been transmitted to him, shall return the plat to the Planning and Zoning Commission chairman together with a two-fold certificate showing:
(1) That the technical details of the plat have been checked and that the final plat conforms in all essential respects to the preliminary plat, and
(2) That all required improvements have been satisfactorily completed, or that security has been given for the making of such improvements, as provided by the subdivision regulations.
(C) The Planning and Zoning Commission chairman shall thereupon certify to the Commission that the plat has met all requirements of these regulations.
('80 Code, § 1109.03) (Ord. 27-74, passed 5-6-74)
(A) This section is not applicable to PUD zoned areas.
(B) At the first meeting of the Planning and Zoning Commission after a copy of the final plat, together with the Planning and Zoning Commission chairperson's certificate, has been received by the Commission, the Commission shall approve the final plat and the secretary of the Commission shall attest to such approval on the plat. Failure of the Commission to approve or disapprove the plat within the time fixed or such further time as the applying party may agree to, shall constitute approval of the plat, and the certificate of the secretary of the Commission as to the date of submission of the plat for approval and the failure to take action thereon shall be issued on demand and shall be sufficient in lieu of the written endorsement of approval. If the Commission disapproves the final plat, it shall enter in its minutes the reasons for such disapproval.
('80 Code, § 1109.04) (Ord. 27-74, passed 5-6-74; Am. Ord. 89-89, passed 11-6-89)
(A) This section is not applicable to PUD zoned areas.
(B) Within five days after the Planning and Zoning Commission has approved the final plat, the plat shall be transmitted to Council, together with all certificates and endorsements herein required. Council shall approve or disapprove the plat at its next regular meeting occurring not less than five days following the Commission approval. Approval of the plat by Council shall be deemed to constitute acceptance of the public way or space shown on the plat. Failure of Council to act within the prescribed time, unless an extension of time is agreed to by the subdivider, shall constitute approval of the plat.
('80 Code, § 1109.05) (Ord. 27-74, passed 5-6-74)
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