(A) In order to satisfy the Subdivision Control Ordinance, the developer may donate and dedicate grounds for public park development, may establish private recreational facilities, or may pay appropriate in lieu of fees.
(1) Private recreational facilities. The Fort Wayne Parks and Recreation Department shall review and make a recommendation on all private recreational facilities established through the subdivision procedure. Facilities may include active or passive uses, and shall be coordinated with existing or proposed recreational areas. Criteria used for review shall be the current policies and practices of the Fort Wayne Parks and Recreation Department.
(2) Park land donation and dedication. The developer may donate and dedicate recreational areas and facilities within the subdivision, or at acceptable location not contained within the subdivided land, for a public park. The Fort Wayne Parks and Recreation Department shall reserve the right of acceptance and shall base such acceptance on current policies and practices.
(3) In lieu of payment. Where dedication of land is not compatible with the general subdivision plan of the developer or the Park Master Plan, the developer shall make in lieu of payments to the Fort Wayne Parks and Recreation Department. In this event, the developer shall pay to the Board of Park Commissioners a cash payment as hereinafter determined which shall be used solely for the acquisition and/or development of park and recreational developments in the appropriate subarea of the park service jurisdiction.
(a) Method of payment. The payment in lieu of land shall be based on the average land value per acre of the acreage of land in the development that otherwise would have been dedicated. For purposes of this section, average value per acre shall be determined by the following method: The developer will disclose to the Board of Park Commissioners the pre-development purchase price or appraisal for said land. The purchase price or appraisal will then be used to determine the proportionate value of the dedication of land required, as determined in § 155.0450 of the Subdivision Control Ordinance not to exceed a maximum of $200 per lot.
(b) Criteria for requiring dedication and payment in lieu of. There may be situations when a combination of land dedication and a contribution in lieu of land are both advisable. These occasions will arise when:
1. Only a portion of the land to be developed is proposed as the location for a park site. That portion of the land within the subdivision falling within the park location shall be dedicated as a site as aforesaid and a payment in lieu of shall be accepted for any additional land that would have to be dedicated.
2. A major part of the local park or recreational site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication, and a payment in-lieu-thereof may be accepted.
(4) Special fund. All payment in lieu of park land dedication collected by the Board of Park Commissioners shall be deposited in a special non-reverting fund to be known and designated as "special fund for the acquisition and development of park and recreational facilities" and such funds shall be used for public park development in the appropriate subarea of the park service jurisdiction. Any and all interest accumulated upon such funds shall be added to the special fund and be used only for acquisition and development of parks and recreational areas in the appropriate subarea as determined from time to time by the Board of Park Commissioners.
(Ord. G-01-94, passed 1-11-94)