(a) Required Dedication or Reservation. Where a proposed park or school site, as shown on a land use adopted by City Council, is located in whole or in part within a proposed subdivision, the Planning Commission may require the following:
(1) The dedication to the public of part or all of the proposed site and/or
(2) Reservation of the site for a period of up to three (3) years to enable acquisition by the appropriate agency or entity.
(b) Minimum Dedication Requirements. In all subdivisions or developments which result in additional dwelling units within the City, the Owner/Developer shall be required to dedicate land to public sites and open space without compensation or to pay an amount equal to the value defined herein, of such land to the Board of Park Commissioners for the purpose of developing public sites and open space. The amount of land to be dedicated by the Owner/Developer shall be determined according to the following formula:
Acres of Land for Dedication = Total Population x .005
The total population of any subdivision will be determined by:
(1) Determination of a population factor for each dwelling unit
in the subdivision
(2) Summation of all population factors for each dwelling unit in the subdivision.
The population for each dwelling unit shall be as follows:
Single-Family Dwelling 3.0
One Bedroom Multiple Family 1.5
Two Bedroom Multiple Family 2.0
Three Bedroom Multiple Family 3.0
(c) Modifications to Requirements. The Planning Commission, in conjunction with the Board of Park Commissioners may modify the requirements as specified above when the Owner/Developer has shown that at least one of the following conditions exist:
(1) The development will house a population substantially lower than that established above.
(2) The development will have a low need for parks and recreation services.
(3) The unique or special characteristics of the project that justify modification of these requirements can be reasonably expected to continue for the life of the project.
(d) Fee in Lieu of Dedication.
(1) The Planning Commission, in conjunction with the Board of Park Commissioners, shall determine if land proposed for public sites and/or open space is suitable and desirable for such purpose. If it is determined that the land is not suitable for such purposes, the Owner/Developer shall pay a fee-in-lieu of land dedication to the Board of Parks Commissioners, for the purpose of developing other sites or open spaces.
(2) The amount of such fee shall be determined by the following formula:
Fee = Amount of Land to be Dedicated (Acres) x Fair Market Value/Acre
(3) The Board of Park Commissioners shall determine the fair market value, based on the average of sales of raw acreage during the past twelve (12) months within the City of Lancaster. All fees paid under the provisions of this Section shall be deposited with the Lancaster City Treasurer’s Department in a fund titled City of Lancaster Public Sites and Open Spaces. Such funds shall be designated for the acquisition and/or development of open space or park for the citizens of Lancaster. Such fees shall be paid prior to recording of the final plat or, in the case of subdivisions and developments not requiring a final plat, fees shall be paid prior to issuance of a Certificate of Zoning Compliance.
(e) Private Recreational Acres. In lieu of requirements of Section 1109.12(b) and (d) above, the Owner/Developer may devote not less than the acreage required in Section 1109.12(b) to a private recreation area for the use of the occupants of the subdivision. The recreational area must be of suitable size for recreational purposes, as Determined by the Board of Park Commissioners and the Planning Commission. The Owner/Developer must present a plan for development and perpetual maintenance of the site proposed, and such plan must be reviewed and approved by the Board of Park Commissioners and the Planning Commission. The Owner/Developer shall also provide security to ensure development and maintenance of the site in the form of a bond, deposit of funds or other form satisfactory to the Planning Commission. Retention and detention areas may be included as part of the open space requirements if approved by the Board of Park Commissioners.
(Ord. 5-01. Passed 2-26-01.)
(Ord. 5-01. Passed 2-26-01.)