§ 153.045  PARKS AND RECREATION DEDICATION FEES.
   (A)   Requirements. As a condition of approval of a final map or parcel map, the subdivider shall dedicate usable land, for a fee in lieu thereof, or both, at the option of the Plan Commission, for park or recreational purposes at the time and according to the standards and formula contained in this section. The term "usable land" shall mean land so located in relation to public streets or rights-of-way as to be accessible to the public and shall be of such grade and shape as to be usable by the city for the purpose of parks, playgrounds or other recreational facilities as is consistent with other parks, playgrounds or recreational facilities in the city existing at the time of dedication.
   (B)   General standard.  It is found and determined that the public interest, convenience, health, welfare and safety require that ten acres of property for each 1,000 persons residing within this city are to be devoted to local park and recreational purposes. (Per acreage standard .01 acres per person.)
   (C)   Land dedication formula. 
      (1)   The subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula.
      (2)   The formula for determining acreage to be dedicated shall be as follows:
   Average number of person per dwelling unit (DU) x park acreage standard.  (Example, for single-family dwelling unit: 4.0 x .01 = .04).
      (3)   The following table of population density is to be followed.
   Park Land Dedication Formula Table
 
Dwelling Type
Assumed Density
Standard
Single family
4.0 persons/DU
1 acre/25 DUs
Duplex, low density apartments
3.0 persons/DU
1 acre/33 DUs
Medium and high density apartments
2.5 persons/DU
1 acre/40 DUs
 
      (4)   Dedication of land shall be made in accordance with the procedures contained in this section.
   (D)   Formula for fees in lieu of dedication.
      (1)   General formula.  If there is a park or recreational facility in the city located so as to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in division (C) hereof, such fee to be used as hereafter stated.
      (2)   Use of money. The money collected hereunder shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land, or, if the Common Council deems that there is sufficient land available for the park, for improving of such land for park and recreational purposes.
      (3)   Basis.  An "in lieu fee" shall be required by the Common Council based on the fair market value (F.M.V.) of the land which would have been dedicated for park and recreation purposes.
   (E)   Criteria for requiring both dedication and fee. In subdivisions of over 50 lots, the subdivider shall both dedicate land and pay a fee in lieu there, in accordance with the following formula: when only a portion of land to be subdivided is proposed on the general plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee, computed pursuant to the provisions of division (C) hereof, shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to division (C) hereof, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.
   (F)   Amount of fee in lieu of land dedication. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to division (C) hereof. The " fair market value," as set by the Plan Commission, shall be determined at the time of filing the tentative map or parcel. If the subdivider disagrees with the fair market value (F.M.V.), as set by the Plan Commission, the subdivider and Plan Commission shall agree upon a disinterested appraiser to reach an agreed upon (F.M.V.). The subdivider shall pay the appraisal costs.
   (G)   Determination of land or fee.
      (1)   Whether the Plan Commission accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
         (a)   Recreational element of the city's general plan;
         (b)   Topography, geology, access and location of land in the subdivision available for dedication;
         (c)   Size and shape of the subdivision and land available for dedication;
         (d)   The feasibility of dedication;
         (e)   Availability of previously acquired park property.
      (2)   The determination of the Plan Commission as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
   (H)   Commencement of development. At the time of approval of the final subdivision map, the Common Council shall specify when development of the park and recreational facilities shall be commenced and finished.
   (I)   Credit for private open space.
      (1)   Partial credit. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 70%, may be given against the requirement of land dedication or payment of fees in lieu thereof if the Plan Commission finds that it is in the public interest to do so and that all the following standards are met:
         (a)   That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;
         (b)   That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions;
         (c)   That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the Plan Commission or its successor;
         (d)   That the proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;
         (e)   That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan; and
         (f)   That the open space for which credit is given is a minimum of three acres and provides all (or a minimum of five) of the local park basic elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation park needs of the future residents of the area:
 
Recreation
Acres
Children's play apparatus area
0.50 to 0.75
Landscape park-like and quiet areas
0.50 to 1.00
Family picnic areas
0.25 to 0.75
Game court area
0.25 to 0.75
Turf play field
2.0 to 4.0
 
      (2)   Prerequisite findings. Before credit is given, the Plan Commission shall make written findings that the above standards are met and that the land or in lieu fees are adequate to provide park facilities for the general public use.
   (J)   Procedure.
      (1)   At the time of approval of the tentative map, the Plan Commission shall determine pursuant to division (C) hereof the land to be dedicated and/or fees to be paid by the subdivider.
      (2)   At the time of the filing of the final subdivision map, the subdivider shall dedicate the land, as previously determined by the Plan Commission. Where the Plan Commission has determined that fees shall be paid in lieu of or in addition to the dedication of land, the subdivider shall pay said fees in accordance with the following schedule: for any subdivision consisting of two or more lots, the fees shall be paid, in their entirety, prior to the issuance of any building permit for any building or structure to be located upon any lot in the subdivision.
      (3)   Open space covenants for private park or recreational facilities shall be submitted to the Plan Commission prior to approval of the final subdivision map and shall be recorded contemporaneously with the final subdivision map.
(Ord. - -, passed - -)  Penalty, see § 153.999