(a) Credit through public parkland dedication.
(1) The City may accept a donation of land in lieu of the payment of the park impact fee, or some portion of the fee. The applicant shall include the proposal for the donation of land in lieu of all or part of the park impact fee at or before the time final plat approval is requested.
(2) The City shall not be required to accept any or all land for public dedication.
(3) The Planning Commission shall have the authority to determine whether the proposed donation of land is suitable for use as parkland based on factors which reasonably affect its use as parkland including, but not limited to, the:
A. Location;
B. Size;
C. Accessibility;
D. Topography; and
E. Proposed improvements.
(4) Undevelopable or unbuildable land will not be eligible for credit under this section.
(5) If accepted, the donated property should be dedicated to the City by the final plat or deeded to the City by general warranty deed.
(6) Up to 100% of the park impact fee may be credited through public parkland dedication based on the value of the dedicated land (see division (c) hereof for determination of value). If the value of the land dedicated is less than 100% of the required park impact fee, the remaining fee shall be paid in accordance with this chapter.
(b) Credit for private open space.
(1) The City may consider allowing a credit for the creation of private open space in the event that an applicant provides such space for park purposes, access to which may be restricted to future residents of the subdivision or development and their guests. For the purposes of this section, the private open space shall be privately-owned and maintained by the future residents of the subdivision or development and/or by their homeowners', property owners' or condominium association.
(2) In the event that the Planning Commission determines that such private open space adequately fulfills a portion of the park needs of the proposed subdivision or development, the market value of such areas, as determined in this chapter, shall be credited against the park impact fee required in this chapter.
(3) The Planning Commission shall have the authority to determine whether the proposed private open space qualifies as credit toward the park impact fee. The Planning Commission may take into consideration the factors established in division (a)(3) hereof when considering whether the private open space should be used as a credit toward the required park impact fee.
(4) The following areas shall not be counted towards private open space:
A. Private and public roads, and associated rights-of-way;
B. Public or private parking spaces, access ways, and driveways related to any residential use;
C. Required minimum spacing between buildings and required yard setbacks;
D. Vehicular use areas;
E. Land that is subject to pre-existing conservation easements or other similar protected open spaces;
F. Above-ground buildings, pipes, apparatus, and other equipment for community or individual use, septic or sewage disposal systems;
G. Substations, public utility easements;
H. Dry stormwater detention basins or facilities; and
I. Leftover land that has no value for development and is not a natural resource (e.g., river or stream corridor, large forest stand, wetlands) that contributes to the quality of the overall project.
(5) The use of the private open space is restricted for park 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.
(6) All private open space utilized as a credit under this chapter must be permanently protected by means as established in § 1214.07.
(7) Up to 50% of the park impact fee may be credited through the creation of private open space based on the value of the open space created (see division (c) hereof for determination of value). If the value of the land dedicated is less than 50% of the required park impact fee, the remaining fee shall be paid in accordance with this chapter.
(c) Determination of fair market value.
(1) Credit for park impact fees, as allowed in this section, shall be based on fair market value of the land to be dedicated or protected as private open space.
(2) Fair market value shall equal the average value per acre of all land in each subdivision or development in its raw, undeveloped state, as determined at the time an application is submitted for a final plat or certificate of zoning compliance, whichever is applicable.
(3) The credit to be considered shall be calculated by determining the amount of acreage proposed for public parkland dedication or private open space, as established in this chapter, to the tenth of an acre, and multiplying that by the per-acre fair market value.
(4) The fair market value shall be determined by agreement between the applicant and the City of Middletown, which may include appraisal by a qualified appraiser approved by the City and whose fee the City may require to be paid by the applicant.
(5) If the applicant objects to the fair market value determination provided for in division (c)(4) above, fair market value shall be determined by a three member board of appraisers, one of whom shall be appointed by the City, one of whom shall be appointed by the applicant, and one of which shall be selected by the two appraisers so appointed. The decision of a majority of such board shall be final. Each party shall pay the costs and expenses of the appraiser appointed by them, and the parties shall share equally the costs and expenses of the appraiser appointed by the other appraisers.
(Ord. O2018-02, passed 2-20-2018)