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(a) Allowance of Credit. In the event a subdivider or developer provides private open space for park and recreation purposes and such space is to be privately owned and maintained by the future residents of the subdivision or development, or by the subdivider or developer, and in the event the Planning Commission determines that such private open space adequately fulfills the park and recreation needs of the proposed subdivision or development, the fair market value of such areas shall be credited against the land dedication and park development fee requirements of this chapter.
(b) Maximum Credit. Such credit however, shall be allowed only up to a maximum of two-thirds of the total required land dedication or fee in lieu requirements, and up to a maximum of two-thirds of the total required park development fee.
(c) Standards and Limitations. Notwithstanding, divisions(a) and (b) of this section, the credit for private open space shall be allowed only if the following standards are met:
(1) Yards, court areas, setbacks and other such open areas required to be maintained by the Zoning Code shall not be included in the computation of such private open space;
(2) Private ownership, development and maintenance of the open space shall be assured by valid and enforceable undertakings on the part of the subdivider or developer or otherwise, a copy of such undertakings to be submitted to the Planning Commission for review with the preliminary plat and a copy approved by the Planning Commission to be filed with the final plat;
(3) The use of the private open space is restricted for park and recreation purposes by recorded covenants that run with the land in favor of the future owners of property within the subdivision or development and which cannot, by their terms, be defeated or eliminated without the consent of the Planning Commission;
(4) The proposed private open space is reasonably adaptable for park and recreational uses, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and
(5) Facilities proposed for the private open space are reasonably compatible with those required by the London City Parks and Recreation Plan.
(Ord. 115-03. Passed 10-2-03.)
(a) Following approval of a preliminary plat map or development plan which designates land for dedication, the existing vegetation, except growing commercial crops other than growing timber, topography, features of historic value, stream courses, soil, rock strata and other natural features of such dedicated land shall not be altered or their condition adversely affected in any way without the consent of the Planning Commission.
(b) Dedication of land to the City shall be by a general warranty deed conveying to the City, and its successors and assigns, good and marketable title to the real estate described in such deed. The land shall be free and clear of all taxes, liens, assessments or encumbrances due and payable as well as all taxes, liens, assessments or encumbrances due but not yet payable. This deed shall be executed and delivered to the City for recording prior to the approval of the final plat map or development plan of any section or any portion of the subdivision or development, the boundary of which is contiguous with the proposed parks, recreational facilities and public open space. Open space covenants for private parks, recreational facilities and public open space shall be submitted to the City prior to approval of the final plat map or development plan of any section or portion of the subdivision or development, the boundary of which is contiguous with the proposed parks, recreational facilities and public open space. Open space covenants for private parks, recreational facilities and public open space shall be submitted to the City prior to approval of the final plat map or development plan and shall be recorded contemporaneously with the final plat map or development plan. In the event the land acquisition fee, including the park impact fee are required, one of the following methods of payment may be imposed:
(1) Ten percent of the amount thereof shall be deposited with the City prior to the approval and recording of the final plat map or development plan, and the balance shall be due and payable one year from such date or at the time the first occupancy permit is issued with respect to such subdivision or development, whichever may occur first.
(2) One hundred percent of the per-dwelling unit impact fee is to be paid at the time of the issuance of the building permit for each dwelling unit. In no event shall any occupancy permit be granted with respect to such subdivision development or lot split until all such impact fees are deposited with the City.
(Ord. 115-03. Passed 10-2-03.)
(a) Any land acquisition fee or impact fees which are received by the City pursuant to this chapter shall be used only for the purpose of providing parks, recreational facilities, and public open spaces. Fees paid pursuant to this chapter shall be deposited in a Parks and Recreational Capital Improvement Fund to be used for requisition, development and improvement of such lands. No part of such land acquisition fees or impact fees shall be used for operation or maintenance of such lands.
(b) Land acquisition fees and impact fees received may be only expended in connection with the acquisition or development of parks, recreational facilities or public open space within the reasonable proximity of the development or subdivision which was the source of the payment of the land acquisition fee.
(c) During the period of time that the land acquisition fee and impact fee levied by this section is collected, the legislature of the City shall appropriate annually from other municipal tax sources, a sum of money which shall be prorated among the parks located within the City.
(d) Reasonable proximity shall mean that the recreational facility, park or public open space and the subdivision or development concerned are in the same recreational district as described in the London City Park and Recreation Plan.
(Ord. 115-03. Passed 10-2-03.)
Notwithstanding, any provision of this chapter to the contrary, the Planning Commission may, in cases of an unusual or exceptional nature, allow for adjustments in the park land dedication and land acquisition fee regulations and park development fee requirements as established in and required by the provisions of this chapter. Adjustments may be allowed when, in the opinion of the Planning Commission, it has been determined and satisfactorily shown that the character of the particular subdivision or development and the park and recreation needs generated by and associated with any subdivision or development sufficiently justify such an adjustment or adjustments. However, no adjustment from the strict application of any provision of this chapter shall be granted by the Planning Commission unless it finds, beyond a reasonable doubt, that all the following facts and conditions exist:
(a) That special conditions and circumstances exist which are peculiar to the land involved, and which are not applicable to other lands in the immediate vicinity.
(b) That the special conditions and circumstances do not result from the actions of the applicant.
(c) That gaining the variance requested will provide the minimum necessary relief to alleviate the hardship and will not confer on the applicant any special privilege which is denied by this chapter to the other lands, structures or buildings in the same vicinity.
(d) That granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(Ord. 115-03. Passed 10-2-03.)
It is hereby declared to be the legislative intent that, if any provision or provisions of this chapter or the application thereof to any lot or tract of land are declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, or to be inapplicable to any person or situation, all other provisions of this chapter shall continue to be separate and fully effective and the application of any such provision to other persons or situations shall not be affected.
(Ord. 115-03. Passed 10-2-03.)
(a) For each lot or parcel intended for a commercial office or other business/ industrial use, the fee shall be an amount computed at the rate of four hundred dollars ($400.00) for each acre or fraction thereof of such lot or parcel.
(b) The Parks and Recreational Capital Improvement Fund shall be used for the acquisition or improvement of Municipal parks and playgrounds exclusively, and for no other purpose.
(Ord. 115-03. Passed 10-2-03.)