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Council hereby finds that the City and surrounding areas will sustain continued growth in the form of new residential subdivisions and developments, and the residents of such subdivisions and developments will need additional parks, recreational facilities and public open spaces. The acquisition and development of parks, recreational facilities and public open spaces are necessary to meet the needs created by the future residents of such subdivisions and developments and should be provided in substantial part by such future residents.
(Ord. 115-03. Passed 10-2-03.)
It is found that parks, recreational facilities and public open spaces are necessary elements of public welfare. Therefore, the public health, safety and welfare require that at least ten acres of property, and an amount of money sufficient to develop such ten acres, for every 1,000 residents be supplied. It is the purpose of this chapter to define the necessary authority to the Planning Commission, Department of Public Service and Council in order to attain this purpose.
(Ord. 115-03. Passed 10-2-03.)
With respect to subdivision and developments to which this chapter applies, at least ten acres of property for each 1,000 persons should be devoted and/or developed for parks, recreational facilities and public open space by or at the expense of subdividers and developers of the dwellings in which such persons shall reside.
(Ord. 115-03. Passed 10-2-03.)
As used in this chapter the following words shall have the meanings a scribed herein. unless otherwise provided:
(a) "Builder" means any person, corporation, association, partnership or other entity that creates or proposes to create a dwelling unit or units.
(b) "Developer" means any person, corporation, association, partnership or other entity that creates or proposes to create a development or lot split, all or a portion of which will be located within the planning jurisdiction.
(c) "Development" means subdivision of the kind known as a planned development, planned unit development, multi-family development or single parcel development.
(d) "Dwelling" means a building designed or occupied as the living quarters, equipped with heating and separate cooking, living, sleeping, bathing and toilet facilities for each family. "Dwellings" shall be of two types; single-family dwellings and multi-family dwellings.
(e) "Parks and Recreational Capital Improvement Fund" means the Fund established pursuant to this chapter.
(f) "Parks and recreational facilities and public open spaces" means all types of open space, parks, athletic fields, playgrounds and other facilities for recreational uses of any and all kinds, including school sites.
(g) "Planning jurisdiction" means the geographical area over which the Planning Commission has, or from time to time shall have jurisdiction for planning purposes.
(h) "Subdivider" means any person, partnership, association, corporation or other entity that creates or proposes to create a subdivision or lot split, all or a portion of which will be located within the planning jurisdiction.
(i) "Subdivision" shall be as defined in Section 1220.08.
(j) "Subdivision regulations" means Title Two of the Planning and Zoning Code.
(Ord. 115-03. Passed 10-2-03.)
A plan termed, "London City Parks and Recreation Plan" has been adopted by the Park and Playground Commission. Such Plan provides a guide for the orderly acquisition and development of parks, recreational facilities and public open spaces. The Planning Commission shall give prime consideration to the London City Park and Recreation Plan and the proposals set forth in such Plan in determining the requirements placed on any subdivision or developer who makes proposals before the Planning Commission.
(Ord. 115-03. Passed 10-2-03.)
(a) (1) Every subdivider, developer or builder who proposes any development, subdivision, single-family dwelling unit or lot split 30 days after the effective date of this chapter, or after the adoption of the Parks and Recreation Plan, shall be required to:
A. Dedicate a portion of such land for recreational purposes; or
B. Pay land acquisition fee in lieu of land dedication; or
C. Dedicate a portion of land and pay a land acquisition fee in lieu.
(2) The Planning Commission shall determine which option shall be chosen. Where no option exists, the builder of a single-family dwelling unit shall follow the formula for the land acquisition fee in lieu of land dedication determined by the Department of Service, as set forth in Section 1230.10.
(b) Any developer, subdivider or builder who proposes a development, subdivision, single-family dwelling unit or lot split, shall also be required to pay a park impact fee pursuant to Section 1230.12.
(Ord. 115-03. Passed 10-2-03.)
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