1230.01 Findings.
1230.02 Purpose.
1230.03 Statement of policy.
1230.04 Definitions.
1230.05 Parks and Recreation Plan.
1230.06 Provisions for parks, recreation facilities and public open spaces.
1230.07 Determination of total population.
1230.08 Amount of land to be dedicated.
1230.09 Determination of fair market value.
1230.10 Land acquisition fee in lieu of dedication.
1230.11 Choice of land.
1230.12 Park impact fee.
1230.13 Credit for private open space.
1230.14 Treatment of land to be dedicated; procedure for dedication and payment of taxes.
1230.15 Limitation on use of land and taxes.
1230.16 Adjustment provision.
1230.17 Validity and separability.
1230.18 Repeal of conflicting ordinances.
1230.19 Commercial Office or other Business/Industrial use fee.
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.)
(a) The total population of any subdivision or development will be determined by:
(1) Determination of a population factor for each dwelling in the subdivision, development or lot split;
(2) Summation of all population factors for each dwelling unit in the subdivision, development or lot split.
(b) (1) The population factor for each dwelling shall be as follows:
Dwelling Type | Population Factor |
Single-family dwelling | 2.66 |
Multi-family | 2.33 |
(2) The Planning Commission may modify the requirements of this section when the developer can show to the satisfaction of the Planning Commission that:
A. The development will house a population per household substantially lower than those established in division (b)(1) of this section;
B. The development will have a low need for recreation; or
C. The unique or special characteristics of the development which justify modification of the requirements can be reasonably expected to continue for the life of the project.
(c) The total population for any subdivision or development shall equal the sum of the population factors of all dwellings to be included in the subdivision or development.
(Ord. 115-03. Passed 10-2-03.)
For the purposes of this chapter, fair market value shall be determined as follows:
(a) Time. Fair market value shall be determined as of the time of filing the final plat or final development plan with the Planning Commission. Fair market value of the acreage of a single-family dwelling unit shall be determined at the time a building permit is issued to the builder whose lots are not under the jurisdiction of the Planning Commission.
(b) Method. Fair market value shall equal the average value per acre of all residential land in the Park District encompassing the largest portion of the subdivision or development in its raw, undeveloped state, determined by application of one of the following procedures:
(1) By agreement between the subdivider or developer and the Planning Commission; or
(2) In the event the subdivider or developer and the Planning Commission cannot agree, by determination of the Planning Commission on the basis of assessed value for property tax purposes of all land in the subdivision or development, modified to equal market value in accordance with current assessment practices and divided by the total number of acres within the subdivision or development; or
(3) In the event the subdivider or developer objects to the valuation method set forth in division (b)(2) of this section, then by a qualified independent appraiser approved by the Planning Commission and the subdivider or developer; or
(4) In the event the subdivider or developer objects to all of the foregoing methods of valuation, then by a three-member Board of Appraisers, one of who shall be appointed by the Planning Commission, one of whom shall be appointed by the subdivider or developer, and one of whom shall be selected by the two appraisers so appointed. The decision of a majority of such Board shall be final.
(Ord. 115-03. Passed 10-2-03.)
(a) Amount. In the event the Planning Commission determines that a subdivider or developer must pay a land acquisition fee in lieu of land dedication, the amount of such land acquisition fee shall be determined by the following formula:
Land acquisition fee in lieu of land dedication = Amount of land which would otherwise be required to be dedicated X
(b) Total of Land and Payment. Excluding the park development land acquisition fee, the total of land and payment made by a subdivider or developer in land and land acquisition fee in lieu of dedication shall be no greater than the fair market value of the amount of land required to be dedicated pursuant to Section 1230.09.
(c) Developers, builders or subdividers that have single lots or minor lot splits in the City, where utilities are in place, will pay a flat fee of five hundred dollars ($500.00) for land acquisition cost.
(Ord. 115-03. Passed 10-2-03; Ord. 146-04. Passed 7-16-04.)
(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.)
(a) Amount of Development Impact Fee. In addition to all other requirements, a subdivider, developer or builder shall be required to pay a park development impact fee in an amount equal to the fair market value of the land to be dedicated as described in Section 1230.10.
(b) Determination of Fair Market Value. Fair market value shall be determined as described in Section 1230.09.
(c) Credit for Voluntary Dedication. If a subdivider or developer dedicates land in addition to the amount required in Section 1230.10, the Planning Commission may grant credit to the developer or subdivider against the amount of the park development fee. The credit granted shall be no greater than one-half of the fair market value of the additional land to be dedicated.
(d) Developers, builders or subdividers that have single lots or minor lot splits, who have paid a flat fee as set forth in Section 1230.10(c), shall pay a flat fee of five hundred dollars ($500.00) for a Park Impact Fee.
(Ord. 115-03. Passed 10-2-03; Ord. 146-04. passed 7-16-04.)
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