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Article H: Park and Public Land Dedications; Impact Fees
(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 may be equitably apportioned on the basis of additional need created by the subdivision development, each Subdivider/Developer shall be required to dedicate land or fees in lieu of land for park or other public uses.
(b) General Design. In the design of a subdivision, land division, planned unit development or development project, provision shall be made for suitable sites of adequate area for parks, playgrounds, open spaces, drainage-ways and other public purposes. Such sites are to be shown on the Preliminary Plat and Final Plat, and shall comply with the Village of Edgar 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.
(a) Recreational Dedication Standards. The Village of Edgar shall require that land be dedicated for parks and playgrounds, recreational areas, or open space locations where such would be appropriate. The Village Administrator shall determine the number of acres to be reserved based upon the following calculations. These requirements are only applicable to single-family residential subdivisions of more than ten (10) units or multifamily single lot subdivisions. Parkland required in residential subdivisions are:
Dwelling Units Per Gross Acre | Percent Acreage for Parkland/Open Space |
1 - 7 | 7% |
8 - 14 | 12% |
15 and up | 17% |
(b) Suitability and Condition of Land to be Dedicated.
(1) Land for recreation or open space purposes shall be of a character and location suitable for use as a playground, playfield, or for other active or passive recreation purposes, and shall be level and dry, and shall be improved by the Subdivider/ Developer to the standards required by the Village Administrator, which improvements shall be included in the performance security. All active recreation site shall be accessible from at least one (1) street.
(2) Lands to be dedicated shall be suitable for the public use for which they are proposed, with at least sixty percent (60%) of the site no more than an average grade of 5.25% to provide areas suitable for playground and playfield improvements. Drainageways, detention basins, floodplains, or wetlands shall not be considered as satisfying parkland dedication requirements. The Village Board, upon the recommendations of the Village Administrator and Plan Commission, shall have the sole authority to determine the suitability and adequacy of lands proposed for dedication.
(3) Land to be dedicated shall be adequately drained. Subsurface investigation may be required by the Village Administrator to determine whether or not the drainage capability of the soil is adequate. The Village Board may reject the land offered if it is determined to be unsuitable for recreational development. In this case, the Subdivider/Developer shall offer another parcel or a cash payment in lieu of dedication. The Village Administrator may recommend to the Village Board that the Subdivider/Developer submit a cash payment in lieu of dedication where it is deemed by the Village that the drainage capability or other conditions at a site are not adequate for recreation purposes. All land to be reserved for dedication to the Village for park purposes shall have prior approval of the Village and shall be shown marked on the approved subdivision plan as lands "to be dedicated for park, recreation or open space purposes."
(c) Active Recreation Facility Plan. The Village Administrator shall recommend active recreation facilities to be required, related parking areas, and proposed landscaping when deemed necessary. A report shall accompany this active recreation facilities plan outlining the proper procedure to be followed in bearing debris and waste, parking of construction vehicles, and otherwise maintaining the condition of the site before dedication to the Village.
(d) Timing of Dedication. The Village is empowered to require the land reserved for dedication to be deeded to the Village of Edgar under the terms of an approved subdivision plan based in part upon the recommendation of the Village Administrator as to when sufficient recreation needs exist in the subdivision. The Village Administrator shall notify the Subdivider/Developer in writing that a transfer of land is requested at least ninety (90) days prior to the desired date of transfer. At the time of transfer, the land must be adequately drained, graded, and sown in accordance with Village standards and specifications.
(e) Future Development of Adjacent Lands. In designing the location of future park and recreation sites, due consideration shall be given to locating parkland on the boundary of the development parcel in areas adjacent to unplatted lands proposed for future development in Village planning documents. This will allow for the potential for larger community parks with the future dedication of parkland adjoining the Subdivision or Condominium Development when the adjacent lands are platted and/or developed.
(f) Alternative Procedure; Money in Lieu of Land. Where, with respect to a particular subdivision, the reservation of land required pursuant to this Section does not equal the percentage of total land required to be reserved in accordance with this Article or the land is determined to not be suitable for dedication by the Village Board, upon the recommenda- tion of the Plan Commission and Village Administrator, the Village Board may require, prior to final approval of the construction improvements plan for the subdivision, that the applicant deposit with the Village a cash payment in lieu of land dedication. Such deposit shall be used by the Village for improvement of a neighborhood park, playground, or recreation area, including the acquisition of property. Such deposit shall be used for facilities which will actually be available to and benefit the persons in said subdivision and be located in a park near the subdivision. The Village Board shall determine the amount to be deposited, based upon the recommendation of the Village Administrator. This recommendation will reflect the fair market value of the amount of land that would have been dedicated. The fees collected shall be held in a nonlapsing fund to be used for the purchase or improvement of land or recreational facilities for parks, trails, open spaces, and other public recreation purposes.
(g) Other Recreation Dedications. The provisions of this Section are minimum standards. None of the Subsections herein shall be construed to prohibit a developer from dedicating other lands for recreation or open space purposes in addition to the requirements of this Section.
(h) Utility Extensions. The Subdivider/Developer 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.
(i) Changes in Allowable Use of a Property. Any changes in the allowable use of a property, which would have the effect of increasing the number of residential dwelling units on a parcel of land, shall be required to provide land dedication or fees in lieu of land to meet the increased recreational demands created by the change in use according to the requirements of this Article.
(j) Exceptions.
(1) The land dedication and fee in lieu of land requirements of this Article do not apply to land divisions where the proposed land division involves only one (I) existing lot of record in the Village of Edgar as of the date of adoption of this Code of Ordinances, and the act of division creates only one (1) new lot intended for two (2) or fewer dwelling units.
(2) The land dedication and fee in lieu of land requirement of this Article shall not apply to conversions of existing residential dwelling structures from a single-family residence to a two-family residence.
Whenever a public park or recreation site proposed in the Village Comprehensive Plan, Comprehensive Outdoor Recreation Plan or Parks Plan, or Official Map is embraced, in whole or in part, in a tract of land to be divided, the proposed public park or recreation site shall be dedicated and credited toward the land dedication requirements of this Article. Where a public park or recreation site as shown on the Village Comprehensive Plan, Comprehensive Outdoor Recreation Plan or Parks Master Plan, or Official Map within the tract are greater in area than required under the dedication requirements of this Article, the Village Board may require that the Subdivider or Condominium Developer reserve for acquistion by the Village, through a development agreement, purchase, or condemnation, the remaining greater park area for a period of two (2) years of the Final Plan, Certified Survey Map, or Condominium plat approval unless extended by mutual agreement such reserved lands shall be kept in one (1) or more outlots to be held by the Subdivider or Condominium Developer. Over that period, the Village shall have the ability to negotiate the purchase of said land at undeveloped land prices. If the Village does not acquire the outlots set aside during the two (2) year period, this requirement shall lapse and the Village shall remove this requirement from any recorded documents.
(a) When parklands are dedicated to the Village of Edgar, the Subdivider/Developer is required to:
(1) Properly grade and contour for proper drainage;
(2) Provide surface contour suitable for anticipated use of area as approved by the Village Engineer; and
(3) Cover areas to be seeded with a minimum of six (6) inches of quality topsoil, seed as specified by the Public Works Department, fertilized with 16-6-6 at a rate of seven (7) pounds per one thousand (1,000) square feet, and mulched, as specified in the standard "Specifications for Road and Bridge Construction Section 627 and 629". 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. Fine grading and seeding must occur within one (1) year following issuance of the first building permit within that land division unless otherwise authorized by the Village Board. The improved area shall not be deemed officially accepted until a uniform grass cover to a two (2) inch height has been established. It shall be the responsibility of the Subdivider/Developer to maintain the area until the Village accepts the dedication.
(b) It shall be the responsibility of the Village to maintain the dedicated areas upon their dedication and acceptance by the Village. The owner of said land shall be responsible for its maintenance and liability thereon except that said owner shall not develop the surrounding area in a manner which would unduly depreciate the purpose, use or value of the dedicated property.
(c) A neighborhood park area shall be provided by the Subdivider/Developer with a standard residential water service unless located directly adjacent to a fire hydrant. A community park area shall be provided by the developer with a minimum six (6) inch water service or at least one (1) fire hydrant, and at least one (1) four (4) inch sanitary sewer lateral, all located at the street property line.
(d) The Village Board may require certification of compliance by Village officials. The cost of such report shall be paid by the Subdivider/Developer.
(e) If the Subdivider/Developer fails to satisfy the requirements of this Section, the Village Board may contract said completion and bill such costs to the Subdivider/Developer, following a public hearing and written notice to the Subdivider/Developer of noncompli- ance. Failure to pay such costs may result in the immediate withholding of all building permits until such costs are paid.
(f) The Subdivider/Developer shall pay all costs of public improvements in the public streets adjacent to or within all public and/or park lands.
(g) Development of park lands is to be completed as soon as twenty percent (20%) of the planned lots in the subdivision are sold or developed, as determined by the Village Board.
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