(A) (1) Where a park, playground, school, public access to water frontage, or other public uses which are contained within the Comprehensive Plan are located in whole or in part in a proposed subdivision, the Planning Commission may request the dedication of such area within the subdivision or that provision be made for the acquisition of such area by the proper agency within a period of two years or other mutually acceptable period.
(2) The Planning Commission may require up to 10% of a subdivision, exclusive of streets, to be allocated for recreational purposes. Such requirement shall depend upon the size of the proposed subdivision, the density of population, the location of the subdivision in relation to existing public open spaces, and other similar determining factors.
(3) The Planning Commission may require a fee be deposited in escrow in the equivalent of the fair market value of 5% of the land in the subdivision immediately prior to its development plus $25 per recorded lot in the final plat. Such escrow deposit shall be allocated for acquisition and improvement of open space and recreational lands and may be expended by and at the discretion of the Village Council.
(4) Fair market values shall be determined as follows.
(a) A fair market value shall be determined by the Planning Commission based upon current appraisals of the County Auditor and/or the most recent land sale transaction immediately prior to recording any phase of the development or the subdivision in its entirety. In the event of phased development, the fair market value for the entire tract to be platted shall be based upon the portion of property transferred to the developer immediately prior to recording of the first plat.
(b) If the developer rejects the amount of the evaluation, he or she may, at his or her expense, obtain an appraisal by a qualified real estate appraiser approved by the Planning Commission. The Planning Commission may accept or reject this appraisal or may negotiate for a final value.
(c) If the Planning Commission rejects the owner’s appraisal, then he or she shall refer to the determination of a fair market value to the Court of Common Pleas of the county.
(5) Where a large scale subdivision is proposed, the Planning Commission may require that consideration be given to sites for schools, parks, playgrounds, and other such areas for common use and that provisions be made for such reservation or acquisition by the proper agency.
(6) The Planning Commission reserves the right to deny approval to a subdivision if such a subdivision disregards the preservation of natural features which add value to residential development and the community, such as wooded areas, watercourses, beaches, areas of natural or historical significance, and similar irreplaceable assets as determined by the appropriate federal, state, and county agencies.
(B) In the event of exercise of division (A)(2) above, improvement of the open space as required shall occur prior to the recording of any lot in the second 50% of the lots to be recorded in the subdivision. Such improvements shall include completion of any streets or roads necessary to provide access to the open space.
(C) Lands that become available for open space through this section may be owned, developed, and/or maintained by suitable public park agencies, nonprofit homeowners’ associations, or the County Park Commission. Dedicated lands shall be subject to acceptance by the recipient agency which shall be responsible for development and maintenance appropriate to the developed lands.
(Prior Code, § 1248.18) (Ord. 2000-9, passed 9-11-2000)