Parties who shall be required to dedicate suitable land to the City, or pay a fee-in-lieu of such dedication equivalent in value to such land, or provide a combination of such dedication and payment, and who shall further be required to pay a park development fee based upon the value of the required land dedication, all in accordance with the standards and other provisions as set forth in this chapter, for the purpose of providing park, trail and recreational facilities to serve future residents in newly developing areas of the community, are as follows:
(a) Subdivider. Every subdivider who subdivides and plats land shall dedicate a portion of such land, pay a fee in-lieu thereof, or provide a combination of both, such conditions to be satisfied before a final plat map will be approved and recorded. However, for the purposes of this chapter, where the required park land dedication would be less than one (1) acre, then only the payment of an in-lieu fee shall be required. Chapter 1118 of the Codified Ordinances for the City of Fairborn supersedes all other planning and zoning, past or future, in other sections referring to park land dedication or fees in-lieu policies.
(b) Developer (including, but not limited to, Planned Unit Developments - PUD). Every developer who develops any residential lot(s) development area, which at the time of the enactment of this chapter has previously been subdivided and platted, and which has not since the enactment of this chapter been re-divided (i.e., lot splits), shall dedicate a portion of such land, prior to the issuance of any building permits for the development, pay a fee in-lieu thereof, or provide a combination of both. However, for purposes of this chapter, where the required park land dedication would be less than one (1) acre, then only the payment of an in-lieu fee shall be required. As used herein, the term “development” means the building of one or more dwellings, including but not limited to single-family dwellings, two- family dwellings, multiple-family dwellings or dwelling groups; or the installation of one or more mobile homes or other industrially manufactured residential units upon one or more lots, within a Planned Unit Development or not.
Where more than one lot is being developed by the same developer/owner or multiple developers/owners, all of such undeveloped lots which form a contiguous tract of land shall be deemed to be one development, and the standards and provisions of this chapter shall be considered accordingly. Lots which are separated by a street shall be deemed to be contiguous for the purposes of this chapter. This section supersedes all other planning and zoning, past or future, in other sections referring to park land dedication or fees in-lieu policies.
(c) Lot Splits. Every subdivider or developer who makes minor land divisions (i.e., lot splits), shall dedicate a portion of such land before a survey or plat record will be approved and recorded, pay a fee in-lieu thereof, or provide a combination of both. In the event that the land has previously been subdivided and the noted conditions (as outlined in subsection (a) above) have already been satisfied, then the land dedication and fee payment requirement would be based only upon the additional lot or lots created by the lot split and the resultant increase in the population density. For purposes of this chapter, where the required park land dedication would be less than one (1) acre, then only the payment of an in-lieu fee shall be required.
(Ord. 19-15. Passed 6-15-15.)