(A) Within the City of Wilmore the subdivider of either a major or minor subdivision shall provide for community facilities according to the standards indicated in division (B) of this section. Land for community facilities includes but is not limited to land for parks, open space, parking areas, fire stations and other municipal buildings, according to the needs of the community. Within the unincorporated portion of Jessamine County, the subdivider shall consider providing for these community facilities. The Planning Commission shall take into account during its review of the studies and standards included, the adequacy of existing or proposed community facilities which will serve the additional population to occupy the new housing in a proposed subdivision.
(Ord. passed 2- -1985, § 4.700)
(B) Community facilities dedication standards. The Planning Commission shall base its standards for dedication for community facilities on the following formulae:
Type | County | City of Wilmore |
Single-family residential | .009 acres/lot | .0115 acres/lot |
Two-family residential | .005 acres/unit (2 units/lot) | .007 acres/unit (2 units/lot) |
Townhouses (attached) | .006 acres/unit | .006 acres/unit |
Apartments and mobile homes | .005 acres/unit | .005 acres/unit |
(Ord. passed 2- -1985, § 4.701)
(C) Location and improvement standards. The following locational and improvement standards shall be applicable to any site obtained under the provisions of this subchapter:
(1) The land shall be of a size, shape, dimension, physical character and location suitable for use as park, open space or other community facility. Within the City of Wilmore, suitability shall be determined by the Wilmore City Council and area required for purposes of water retention shall not be included in the land required to satisfy these requirements;
(2) The site shall be located so that proper accessibility shall be afforded by public streets to be constructed by the developer in conjunction with the development of the subdivision;
(3) In general, land to be dedicated shall not be less than 3 acres in size. Where the neighborhood park needs of an area require the acquisition of land from other underdeveloped property in the area, the site shall be located on the periphery of the property and in such a location that suitable additional land may be obtained on adjoining property;
(4) Unless Fiscal Court or City Council dictates otherwise, land to be obtained shall be left undisturbed in its natural state, and no existing trees shall be removed by the developer. No land shall be used for any purpose relating to the development of the subdivision (except for park and open space purposes) except as may be approved by the Fiscal Court or City Council; and
(5) Parks and open space may be owned and maintained by Fiscal Court, the City of Wilmore or by a neighborhood association.
(Ord. passed 2- -1985, § 4.702)
(D) Procedures for acceptance of dedication.
(1) Planning Commission review. The Planning Commission shall review all subdivision and development plans to determine the appropriateness of any portion of the site to be dedicated. Where proposed sites are specifically shown on adopted elements of the comprehensive plan, those sites shall be the sites to be obtained. In the absence of such specific designation on the comprehensive plan, the Planning Commission shall determine the suitability of any portion of the site for dedication, utilizing locational criteria contained within the adopted comprehensive plan. In all cases, the Planning Commission shall make a recommendation to the Fiscal Court or City Council on the site as to whether or not land is to be dedicated on the development in question, or a fee to be paid.
(2) Legislative body. The Fiscal Court or City Council shall review the Planning Commission's recommendation and shall vote on the acceptance of the land to be dedicated. Upon affirmative action of the Fiscal Court or the City Council, the developer shall prepare a plat in accordance with the provisions of this chapter showing the property and a general warranty deed transferring title to the property to the Jessamine County or City of Wilmore Government shall be passed. Title to the property shall be in the hands of the Jessamine County or City of Wilmore Government prior to Planning Commission approval of any final subdivision plan or final development plan for the subdivision in which the land is to be obtained.
(Ord. passed 2- -1985, § 4.703)
(E) Extent of developer's liability. No developer shall be liable for dedication beyond the provisions of division (B) of this section. The developer shall be compensated for all land within the development which is to be provided for community facilities in excess of the requirement for the development unless the developer voluntarily waives his or her right to that compensation.
(Ord. passed 2- -1985, § 4.704)
(F) Fees in lieu of dedication. Where dedication is not feasible or desirable due to size, shape, location, topography or other physical feature of the land, or where, in the opinion of the Fiscal Court or City Council, dedication will create an insurmountable hardship to the proposed development, or where a neighborhood park of sufficient size has previously been acquired by the Fiscal Court or City Council, the developer shall, in lieu of dedication, pay to the appropriate government a fee in accordance with the following provisions in divisions (F)(1) and (2). Within the City of Wilmore, when the City Council deems it advantageous to the neighborhood, it may at its discretion accept an agreement with the developer providing for a combination of dedicated land and fees.
(1) Review and approval of fee requirement. When the Planning Commission and Fiscal Court or City Council has determined, after review in accordance with division (D) of this section, that no land is to be obtained within the development, the Fiscal Court or City Council shall require and determine the amount of the payment of fees in lieu of dedication. The fee shall be based upon the fair market value of the otherwise required land dedication.
(2) Disposition of funds. All fees collected shall be collected and shall be placed in specified Neighborhood Park and Open Space Acquisition and Improvement Funds and shall be used solely for the acquisition (including repayment to the General Fund or other fund monies to the extent that the General or other funds were utilized for the purpose of park acquisition since the date of adoption of this subchapter), development or improvement of park or open space that is or will be available and accessible to, and that will benefit residents of the subdivision from which the exaction originated. Payment shall be made concurrently with the approval of the preliminary plat. If the Fiscal Court or City Council determines, however, that due to the lack of facilities or other reasons, the acquisition of an accessible park site would be unlikely for such a long period of time that residents would be unfairly denied the use of a neighborhood park or community facility, and a park or other community facility is either proposed or existing in the neighborhood within such close proximity to the subdivision that its residents could be expected to utilize the community facility, the Fiscal Court or City Council, upon the findings, may cause the funds generated by the subdivision to be expanded for acquisition or development of the community facility in the neighborhood.
(Ord. passed 2- -1985, § 4.705)
(G) Reservation of land for parks, open space and community facilities. In addition to the dedication and/or fee requirements of this subchapter, it is recognized that reservation of land pending acquisition by the Fiscal Court or City Council will be necessary in certain instances. The developer in the design of the subdivision plan and the Planning Commission in its review of the plan shall consider the adequate provision of sites for public parks, open spaces and other community facilities as indicated on the comprehensive plan. Where those areas are shown and located on the comprehensive plan, or where the Planning Commission otherwise determines that a portion of the plan is required for those uses, the developer may be required to reserve such rights for a period not to exceed 2 years after the preliminary subdivision plan approval, after which time the Fiscal Court or City Council shall either acquire the property or release the reservation.
(Ord. passed 2- -1985, § 4.706)