As a condition of approval of a final plat of subdivision, each subdivider or developer will be required to dedicate land for park and recreation purposes to serve the immediate and future needs of the residents of the development, or cash contributions in lieu of actual land dedication, or a combination of both, at the option of the village in accordance with the following criteria and formula: (Ord. 2003-07, 2-25-2003)
A. Criteria For Requiring Park And Recreational Land Dedication:
1. Requirement And Population Ratio: The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total requirement shall be twenty five (25) acres of land per one thousand (1,000) of ultimate population in accordance with the following classifications:
Types Of Recreation Areas
| Size Range
| Minimum Acres Per 1,000 People
|
a. Play lot | Minimum 12,000 square feet | Not applicable |
b. School-park (neighborhood playground) | Minimum park of 5 acres | 5.83 |
c. Neighborhood park | Minimum 31/2 acres | 4.17 |
d. Districtwide park or play field | Minimum 4 acres up to 30 acres | 5.83 |
e. Community wide recreation park | Minimum 12 acres up to 30 acres | 9.17 |
25 acres of land per 1,000 people |
(Ord. 2003-07, 2-25-2003; amd. Ord. 2006-18, 4-11-2006; Ord. 2013-25, 9-24-2013)
2. Location: The location of the site to be dedicated shall be determined by the board of trustees upon recommendation of the planning and zoning commission taking into account the suitability of the site for park and recreational purposes or development and its relationship to population concentrations. A park site adjoining all elementary school sites of not less than five (5) acres shall be considered a requirement. A central location which will serve equally the entire development is more desirable. In large developments these sites can be located throughout the development according to the village of Minooka comprehensive plan.
3. Credit For Private Open Spaces And Recreation Areas: When subdividers or developers provide their own open space for recreation areas and facilities, it may have the effect of reducing the demand for local public recreational services. The reason for this policy is understood to be the village's concern that such private open space is difficult or impossible to develop and maintain, irrespective of the developers' assurances, since ownership usually is surrendered to the adjacent owners or a homeowners' association, who may not have the personnel or the financial resources for maintenance and improvement. There may, nevertheless, be instances in which the public is better served by providing for private open space in lieu of public open space. Credit for private open space may be allowed only where a determination has been made by the village board of trustees that private open space or recreational areas, in lieu of or in conjunction with publicly dedicated open space or recreational areas will, by reason of the type of development, better serve the interests of the public than where wholly public dedications are required. Where allowed, a substitution of private open space for dedicated parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment by the developer, as part of his obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the village, and before any credit is given for private recreation areas, the subdivider or developer must guarantee that these private recreation areas will be permanently maintained for such use by the execution of the appropriate legal documents. Private swimming clubs and any other private recreation facilities are included in this provision. When an adjustment for private recreation acres is warranted, it will be necessary to compute the total park land dedication that would have been required from the subdivision and then subtract the credit to be given. In all cases the extent of credit to be given by private open space shall be determined by the village board of trustees.
B. Criteria For Requiring A Contribution In Lieu Of Park And Recreational Land Dedication:
1. Requirement And Use Of Contributions: Where the development is small and the resulting site is too small to be practicable or when the available land is inappropriate for park and recreational purposes, the village shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required. The cash contributions in lieu of park and recreation land dedication shall be paid to the village prior to or upon the issuance of building permits for any building or structure in the subdivision, and shall be determined based on the fair market value of land, the demographic information and park site size requirements in effect at the time of application for the building permit. Such contributions shall be used solely for the acquisition of park and recreation land as hereinabove classified, which will be available to serve the immediate or future needs of the residents of that subdivision or for the improvement of other existing local park and recreation land which already serves such needs. (Ord. 2003-07, 2-25-2003)
2. Fair Market Value As Basis Of Contribution: The cash contributions in lieu of land shall be based on the fair market value of the acres of land in the area improved as specified in this section that otherwise would have been dedicated as park and recreation sites. It has been determined that the present fair market value of such improved land in and surrounding the village is forty five thousand dollars ($45,000.00) per acre and such figure shall be used in making any calculation herein unless the subdivider files a written objection thereto. In the event of any such objection the subdivider shall submit an appraisal showing the fair market value of such improved land in the area of his subdivision or other evidence thereof and the final determination of the fair market value per acre of such improved land shall be made by the village board based upon such information submitted by the subdivider and from other sources which may be submitted to the village board. (Ord. 2003-07, 2-25-2003; amd. Ord. 2005-60, 11-22-2005; Ord. 2012-21, 8-28-2012)
3. Criteria For Requiring Land Dedication And A Contribution: There will be situations in subdivisions when a combination of land dedication and a contribution in lieu of land are both necessary. These occasions will arise when:
a. Only a portion of the land to be developed is proposed as a location of a park site. That portion of the land within the subdivision falling within the park location shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated.
b. A major part of the park site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication, and cash contribution in lieu thereof shall be required. (Ord. 2003-07, 2-25-2003)