A. Purpose: The requirements of this section are established to ensure that adequate parks, open spaces and sites for other public uses are properly located and preserved as the city grows. It has also been established to ensure that the cost of providing the park and recreation sites and facilities necessary to serve the additional people brought into the community by land development may be equitably apportioned on the basis of the additional needs created by the development. The requirements shall apply to all lands proposed for any residential development, including residential planned unit developments (PUD) pursuant to title 10, chapter 19 of this code.
B. General Design: In the design of a residential subdivision or minor subdivision, provision shall be made for suitable park spaces, drainageways and other public purposes. Such sites are to be shown on the preliminary plat and final plat, and shall comply with the city's comprehensive plan and park plan. Consideration shall be given to the preservation of scenic and historic sites, stands of trees, marshes, lakes, ponds, streams, watercourses, watersheds, ravines, woodlands, prairie, wetlands, and plant and animal communities.
C. Recreation, Park Or Open Space Areas: When a parcel of land is developed for residential purposes which involves any division of land by subdivision, minor subdivision or the creation of a residential planned unit development (PUD) the developer shall be required to dedicate, for park, recreation and other open space purposes, a parcel of land equal to ten percent (10%) of the gross area of all property proposed for subdivision. Such parcel shall be shown and marked on the plat as "Dedicated For Park Or Recreation Purposes". The common council shall have sole authority to determine the suitability and adequacy of lands proposed for such dedication. Drainageways, wetlands or areas reserved for streets shall not be considered as satisfying this land dedication requirement.
D. Minimum Size Of Dedication: Land reserved for recreation, open spaces and park purposes shall have an area of at least two (2) acres. Dedicated land shall have a total frontage on one or more streets of at least eighty feet (80'), and no other dimension of the site shall be less than two hundred feet (200').
E. Nonresidential Subdivisions Or Minor Subdivisions: Whenever a parcel of land is developed for commercial or industrial uses in accordance with the overlying zoning district which involves any division of land by minor subdivision or subdivision, said division of land shall be exempt from the requirements of this section, and no land dedication or park development fee shall be required at the time of approval. If an unimproved parcel resulting from that division is later developed for any residential purpose or use, the owner of said parcel shall at that time be subject to the requirements of this section. (1975 Code Ch. 22 § V)
F. Fees In Lieu Of Land: Where, in the sole discretion of the common council, there is not land suitable for parks within the proposed subdivision or minor subdivision, or the dedication of land would not be compatible with the city's comprehensive plan or park plan, or the minimum size under subsection D of this section cannot be met, or it is not feasible to require such dedication, or a cash contribution would better serve the public interest, the common council, upon recommendation of the plan commission, shall require the subdivider to contribute a park development fee in lieu of land. The fee collected shall be held in a separate nonlapsing fund account to be used for purchase, development, improvement and maintenance of parks, open spaces or other recreational sites and facilities. The total fee shall be computed on the basis of the maximum number of residential buildings or units that are permitted to be developed in the subdivision or minor subdivision according to the particular zoning district under the zoning code. For lots upon which a single-family dwelling, a two-family dwelling, a three-family dwelling or a four-family dwelling may be built, the fee shall be four hundred dollars ($400.00) per lot. For lots upon which dwellings consisting of five (5) or more residential units may be built, the fee shall be one hundred dollars ($100.00) per residential unit. (Example 1: a five-family dwelling requires a fee of $500.00; example 2: an eight-family dwelling requires a fee of $800.00.) The fee shall be paid to the city as follows: one hundred percent (100%) at the time of the approval of the final plat or certified survey approval.
G. Combination Of Land Dedication And Fee Payment: The common council may, in its sole discretion, permit the subdivider to satisfy the requirements of this section by combining a land dedication with a park development fee payment. For example, if a land dedication of twenty five percent (25%) of the required land dedication is made, the subdivider shall also contribute an amount equal to seventy five percent (75%) of the required fee in lieu of land; if a land dedication of fifty percent (50%) of the required dedication is made, the subdivider shall also contribute an amount equal to fifty percent (50%) of the required fee in lieu of land; if a land dedication of seventy five percent (75%) of the required dedication is made, the subdivider shall also contribute an amount equal to twenty five percent (25%) of the required fee in lieu of land. (Ord. 2008-12, 8-4-2008)
H. Development Of Area: When recreation, park or open space areas are dedicated, the subdivider is required to bring the dedicated land up to the contours established in the approved street and utility plans. If required by the common council, the land shall be topsoiled, with a minimum of four inches (4") of quality topsoil, and seeded. If topsoiling is required by the common council, fine grading and seeding must occur within one year following issuance of the first building permit within that subdivision, unless otherwise authorized by the plan commission.
I. Utility Extensions: The subdivider shall install or provide for installation of water and sanitary sewer lines to the property line of all dedicated land, where such services are to be provided to the adjacent properties.
J. Land Abutting Lakes Or Streams: Subdivisions, minor subdivisions or planned unit developments (PUDs) abutting on a navigable lake or stream shall, according to the provisions of section 236.16(3), Wisconsin statutes, provide public access at least sixty feet (60') wide to the high water mark from a public street. When the distance between the public street and the high water mark exceeds one hundred feet (100'), a cul-de-sac shall be provided with a minimum diameter of one hundred twenty feet (120'), as close as practicable to the high water mark.
K. Lands Included In Plat: The lands lying between the meander line, established in accordance with section 236.20(2)(g), Wisconsin statutes, and the water's edge, and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge, shall be included in the plat. (1975 Code Ch. 22 § V)