(a) Findings and Statement of Policy. It is hereby found and determined by the City, as established in the City of Fairborn Parks and Recreation Master Plan, that the public health, safety and welfare requires that at least ten (10) acres of land for each 1,000 persons residing within the City of Fairborn be devoted to neighborhood and community park and recreational facilities, and the same is hereby established as the parkland standard for all purposes of this section.
(b) Choice of Land Dedication or Fee-in-Lieu.
(1) Planning Board determination. The Planning Board shall make the final recommendation to City Council for approval whether the developer shall dedicate land, dedicate trail or pay a fee-in-lieu of dedication, or provide a combination of dedication and fee in-lieu of payment.
(2) Procedure. In making the determination referred to in subsection (b)(1) above, the following procedure shall apply:
A. At the time of filing the initial development plan for the property (specific site plan or preliminary subdivision plan, whichever is earlier), the Developer shall, as a part of such filing, complete the provided plan development checklist and by the time of submittal propose whether the intention to fulfill the requirements of this section will be met by land dedication, fees in-lieu of dedication, or a combination thereof on the development plan.
B. At the time of official submission of the initial development plan for the property, the developer shall submit the plan to the Planning Department for preliminary review and feedback. Prior to the recommendation to the Planning Board, the entire development plan including the park dedication portion will be addressed by staff in the developmental review meeting(s).
C. Planning Board determination regarding land dedication, fees, or a combination thereof, shall be made during the review of the initial development plan for the property. Insofar as practicable, the determination of the Planning Board shall be compatible with the Parks and Recreation Master Plan.
(3) Criteria. In making the determination referred to in subsection (b)(1) above, the following criteria shall be considered:
A. Residential site plan for review - Residential site plans would be reviewed for park land dedication, trail line land dedication/development or fees in-lieu of compensation.
B. Suitability of soils and geology for the proposed use;
C. Suitability of topography and drainage for the proposed use, with no more than forty percent (40%) of the dedicated land comprised of environmentally sensitive areas and not more than fifty percent (50%) of the dry ground exceeding the three percent (3%) grade or the remaining dry ground exceeding five percent (5%) grade, unless the Planning Board determines that such areas would be of unique natural or environmental values for future subdivision residents or property holders;
D. Location and impact of federally-designated floodways and floodway fringe areas relative to the proposed use;
E. Extent of natural vegetation and tree cover, with priority given to the preservation of wooded areas and other natural features of scenic beauty which will add attractiveness and value to the dedicated land;
F. The adequacy of the location of the dedicated land within the subdivision relative to its centrality and proximity to residents;
G. The adequacy of the configuration of each proposed area, with preference given to one contiguous parcel sufficiently geometric to be usable for active and/or passive recreational pursuits; and
H. The degree of quality of vehicular and non-vehicular access provided to the public and for maintenance purposes.
(4) Minimum dedication. A fee-in-lieu of dedication shall be paid, and no dedication of land shall be required, in the event the amount of dedication required by this section would comprise less than one (1) acre, except in the event the land so dedicated could be added to the adjoining, contiguous land area of an existing park or recreational facility.
(5) Quality of land to be dedicated. A fee-in-lieu of land dedication shall be paid when the Planning Board determines no land shall be required to be dedicated and/or the land proposed to be dedicated to be unsuitable in location, topography, environmental characteristics and/or development potential as related to the intended use.
(c) Dedication of Land.
(1) Intent. The primary intent of this subsection is to provide land to serve local, neighborhood or community-wide recreational needs, including but not limited to facilities such as tot lots, play lots, playgrounds, playfields, neighborhood parks, community parks, trails, and other specialized recreational facilities.
(2) Amount of land to be dedicated. The amount of land to be dedicated by a developer pursuant to this section shall not exceed 15% of the total development and shall be determined by the following formula:
Residential.
A. Total number of acres within the entire land purchased by the developer for this project (including, but not limited to all land considered non-developable by the developer, retention/detention basins, easements, etc.)
DIVIDED BY:
B. The maximum number of dwelling units permitted by the zoning approval; provides the average acre per unit.
MULTIPLIED BY:
C. 10 (ten) to determine total whole (with possible additional partial acreage) number of acres to be dedicated as land only, fees in-lieu, and/or the combination therein.
(3) Location of land to be dedicated. The Planning Board shall recommend to City Council the final location of the park land to be dedicated. The park shall be located to primarily benefit the future residents of the subdivision, region or community.
(4) Minimum dedication. A fee-in-lieu of dedication shall be paid, and no dedication of land shall be required, in the event the amount of dedication required by this section would comprise less than one (1) acres, except in the event the land so dedicated could be added to the adjoining, contiguous land area of an existing park or recreational facility.
(5) Procedure. Dedication of park land shall occur at the final subdivision approval stage or as may be otherwise required by the Planning Board. The dedication of land required by this subsection shall be by a general warranty deed conveying to the City and its successors and assigns, good and marketable title to the real estate described in such deed, free and clear of all liens and encumbrances. This general warranty deed for dedicated public park land, as well as any covenants for private park or recreational facilities, shall be executed and delivered to the County Recorder together with the final subdivision plat. The form of all deeds and dedication of land to the City pursuant to this subsection shall be approved by the City Solicitor. Subdivision plats shall show dedication of land for park uses at approved locations. All land to be dedicated to the City for park purposes shall be shown on the plat as dedicated to Fairborn, Ohio for park and recreation purposes.
(6) Adverse effects of development; reclamation. Following approval of any plan which designates land for dedication as required by this section, the existing vegetation, topography, features of historic value, stream courses, soil rock strata and other natural features shall not be altered or their condition adversely affected in any way except as directed in this subsection or as directed by the Planning Board. If, in the opinion of the Planning Board any portion of land proposed for dedication has been, or will be, adversely affected by the operations of a developer and such land or portion thereof will require reclamation in order to render it suitable as a park or recreational facility, the Planning Board may require the developer to furnish a plan for such reclamation. After approval of such plan by the City, the developer shall implement such reclamation plan within one year of final plat approval. Required reclamation shall be included in the developer’s performance bond to ensure implementation.
(7) Required improvements. Whenever land is dedicated, the developer shall provide the following improvements:
A. Site grading necessary for the conveyance and disposal of storm water generated within or flowing through the park land;
B. Seeding of the park land utilizing an athletic field mixture;
C. Fencing;
D. Full street improvements and utility connections within the adjoining public rights-of-way including, but not limited to, street paving, water & sewer stubs, sidewalks, curbs, and gutters, street trees and traffic control devices; and
E. Any other public improvements which th City determines are necessary in order to make the dedicated park land suitable for development as a park facility.
(d) Fee-in-Lieu of Dedication. In the event a developer is required to pay a fee in-lieu of dedication, as outlined in subsection (b) and/or (c) above, the following provisions shall apply:
(1) Amount of fee for residential site plans. The amount of the fee shall equal one thousand dollars ($1,000) per dwelling unit less any credits allowed by subsection (e).
(2) Use and deposits of fees. The City shall include all required fees associated with each phase of development in the Engineering Division Subdivider’s Contract with the Developer. If the Engineering Subdivider’s Agreement is not necessary all fees shall be paid with the Zoning Permit. Said fees shall be in cash form or surety bond assuring future performance. All fees collected pursuant to this subsection shall be deposited in the Parks and Recreation Capital Improvement Fund, to be used solely for the acquisition, development and improvement of a Citywide community park and/or the acquisition, development and improvement of park, trail and recreational facilities.
(e) Credit for Private Facilities.
(1) Allowance of credit. The Planning Board may grant credit for park and recreational land which is to be privately owned and maintained by the future residents of the subdivision or by the developer if such land adequately fulfills the park and recreational needs of the proposed development. The fair market value of the private recreational land shall be credited against the land dedication and/or fee requirements of this section.
(2) Standards and limitations. In approving credit for private facilities, the Planning Board shall find that all of the following standards are met:
A. Yards, court areas, setbacks and other such open areas required by the City Zoning Code and other land use regulations shall not be included in the private recreational facility credit;
B. Private ownership, development, and maintenance of the private facilities shall be assumed by the execution of valid and enforceable legal documents by the developer;
C. Use of the private facilities is restricted for park and recreational purposes by recorded covenants, which run with the land in favor of the future owners of the property within the subdivision, and, which cannot be defeated or eliminated without the consent of the Planning Board;
D. The proposed private facilities are reasonably adaptable for park and recreational uses, taking into consideration such factors as size, shape, topography, geology, access and location of the land; and, are available for use by the general public;
E. The private facilities are reasonably compatible with the provisions of the Parks and Recreation Master Plan and other applicable City plans, policies and programs.
(f) Exemptions. The following types of developments shall be exempt from the land dedication and fee requirements of this section:
(1) Condominium or cooperative projects which consist of the subdivision of airspace in an existing apartment building when no new dwelling units are added.
(g) Adjustments. Notwithstanding any provisions of this section to the contrary, the Planning Board may in cases of an unusual or exceptional nature allow for adjustments in the land dedication and fee requirements when it has been sufficiently shown that the needs of a development sufficiently justify such an adjustment.
(Ord. 19-15. Passed 6-15-15.)
(h) Effective Period. The land dedication and/or payment of fees required by this section shall be conveyed to the City after preliminary subdivision approval, but prior to construction of all phases in full for the total acreage/fee due the City. No zoning permit shall be issued for the development unless and until the plat is recorded and this dedication or payment is conveyed.
(Ord. 25-21. Passed 11-1-21.)