(a) Procedure.
(1) At the time of the preliminary discussion, the developer or subdivider should gain information concerning requirement of the Planning Commission regarding dedication of land, impact fee in lieu payments, or both.
(2) If, at the time of the filing of the preliminary plan, the developer or subdivider proposes to dedicate land for parks, recreation and open spaces, such land proposed to be dedicated shall be indicated on the preliminary plan.
(3) If, after the preliminary discussion, the developer proposes to pay a impact fee in lieu, such information should be submitted as part of the preliminary plan to the Planning Commission.
(4) As part of the action concerning the preliminary plan, the Planning Commission shall review the proposal of the developer or subdivider concerning either dedication of land, payment of an impact fee in lieu, or both. The criteria used in reviewing the proposals of the preliminary plan to determine whether the subdivider or developer shall dedicate land, pay an impact fee in lieu or both, shall be as follows:
A. The Planning Commission decision shall attempt to facilitate the objective outline in the London City Parks and Recreation Plan.
B. The Planning Commission shall also consider the advice of various members of the City administration, the Director of Parks and Recreation and the Parks and Recreation Commission.
C. The Planning Commission must also consider that Council will review the proposal as part of the review of the preliminary plan.
D. If the subdivider or developer proposes to dedicate land, then the following additional criteria shall be used to determine if such a proposal is acceptable:
1. Minimum dedication. If the amount of land required to be dedicated is less than five acres, and that area could not be added to an adjoining, contiguous existing park or recreational area, no such dedication of land shall be deemed acceptable by the Planning Commission. In this situation, the requirements shall be fulfilled only by payment of an impact fee in lieu of land dedication.
2. Unity. Dedicated land must form a single parcel, except in the event that the Planning Commission determines that two or more parcels would be in the best public interest.
3. Shape. The shape of the dedicated parcel shall be sufficiently geometric to be usable for recreational activities such as softball, tennis, football and other recreational activities.
4. Topography. Steep slopes, streams, lakes, watercourses, flood plains may constitute a maximum of 30% of the dedicated land and a minimum of 70% of the land required for dedication shall be suitable for dry ground recreational use.
5. Grade. Seventy percent of the land suitable for dry ground recreation use shall not exceed 3% grade, and the remaining dry ground area shall not exceed 5% grade.
6. Areas of unique natural beauty or having environmental or historic value. If the Planning Commission determines that a proposed parcel of dedicated land is of unique natural beauty or of environmental or historical value, the requirements regarding shape, topography or grade may be waived.
7. Access. Public maintenance and emergency access shall be provided by direct frontage of the dedicated land on a public street. Such frontage shall be of sufficient width to allow for maintenance and emergency vehicle access or, an easement of sufficient width to allow such access shall be provided.
8. Preservation of natural beauty. Natural features of scenic beauty which, if preserved, will add attractiveness and value to the dedicated land, shall be preserved in the dedication of open space and parks and recreation areas.
(b) Determination by Planning Commission. On the basis of the review of the proposal by the subdivider or developer, the Planning Commission shall determine whether a dedication of land, a payment of tax in lieu or a combination of both shall be made by the developer or subdivider.
(c) Reclamation.
(1) If the Planning Commission approves dedication of a parcel of land and, in the opinion of the Planning Commission, that parcel will be adversely affected by the operations of the developer or subdivider, the Planning Commission may require that the subdivider or developer submit a plan, approved by the City Engineer, for reclamation of such land to a state suitable for recreational use.
(2) If such reclamation plan is acceptable, the subdivider or developer shall implement and complete such plan within a reasonable time period as prescribed by the Planning Commission.
(3) A performance bond of 100% of the estimated cost of such reclamation shall be posted by the developer or subdivider.
(Ord. 115-03. Passed 10-2-03.)