(a) Amount of Land to be Dedicated. The amount of park land required to be dedicated by a subdivider or developer pursuant to this chapter shall be based upon the projected population density for the area in question and the minimum park standard factor of eight acres per 1,000 persons. The actual amount of land to be dedicated shall be determined by the following formula:
Amount of dedicated park land | = | Total Number of dwelling units | x | Number of Persons per dwelling unit | x | .008 gross acres per person |
For purposes of computation, an average of 3.25 persons per dwelling shall be utilized for single-family dwellings and an average of 2.25 persons per dwelling unit shall be utilized for two-family and multifamily dwellings.
If the types of dwelling units are interspersed throughout a given development (e.g. a planned unit development), the formula will have to be utilized for each different type of dwelling unit, and the amount of land to be dedicated will be the sum of all the calculations.
(b) Amount of Fee in Lieu of Dedication. Where a fee is required to be paid in lieu of the land dedication, the amount of such fee to be paid by a subdivider or developer pursuant to this chapter shall be based upon the fair market value of the amount of land which would be required to be dedicated, pursuant to and calculated in accordance with the following formula:
Fee in lieu of land dedication | = | Amount of dedicated land | x | Fair market value of land per acre |
(c) Determination of Land Value for Fee. For the purpose of computing the fee-in- lieu payment, it is necessary to determine the value of the land involved in the subdivision, development or lot split. In all such cases, the value of the land shall represent the full and fair market value, determined as follows, but in no event shall the fair market value of land exceed ten thousand dollars ($10,000) per acre.
(1) Time. Fair market value shall be determined as of the filing of the final plat map.
(2) Basis. The representative cash value of the land to be dedicated shall be determined on the basis of the full and fair market value of the raw land. As used in this subsection, “raw land” means land which has not been developed or improved by the installation or construction of streets, roads, curbs, gutters, sidewalks, storm sewers, sanitary sewers, water lines or similar improvements. The value of raw land shall be determined by averaging the value of all the acreage in the subdivision, development or lot split, and deducting therefrom the current fair market value of existing improvements thereon.
(3) Method. Fair market value shall be determined by negotiation. If the fair market value of the land in question cannot be negotiated satisfactorily by the Municipality and the subdivider or developer, then an appraisal board shall be appointed to determine the fair market value. Such board shall consist of three qualified real estate appraisers: one selected by the Municipality at its own expense; one selected by the property owner at his or her own expense; and one selected through mutual agreement by the other two appraisers and paid jointly and equally by the Municipality and the property owner. The decision of such board shall be final.
(d) Choice of Dedication or Fee.
(1) Generally. The responsibility for determining whether a subdivider or developer is to dedicate park land, pay a fee in lieu of such dedication or provide a combination of such dedication and payment rests with Council.
Although the basic objective of this section is to require the dedication of park land, situations may often arise where such a dedication would be neither compatible with the Parks and Recreation Plan nor in the best interest of the neighborhood involved. This is especially the case in small subdivisions or developments where the dedicated parcels of land might be too small to effectively use and too expensive to maintain.
(2) Procedure. The procedure for determining whether the subdivider or developer is to dedicate land, pay a fee or both, is as follows:
A. Responsibility of subdivider. At the time of filing a preliminary plat map for approval, the owner of the property shall, as a part of such filing, indicate whether he or she wishes to dedicate property for park and recreational purposes, to pay a fee in lieu thereof or to meet the requirements through a combination of the two. If he or she wishes or is required to dedicate land for this purpose, he or she shall designate the area thereon on the preliminary plat map as submitted.
B. Responsibility of developer. At the time of applying for a building permit, and in the event the land dedication would be two acres or more, the owner of the property shall, as a part of such application, indicate whether he or she wishes to dedicate property for park and recreational purposes, to pay a fee in lieu thereof or to meet the requirements through a combination of the two. If he or she wishes to dedicate land for this purpose, or if the required land dedication would be two acres or more, then he or she shall prepare a map of the proposed development and designate the area therein.
Where the development is of such a size that the land dedication would be less than two acres, then only the payment of a fee in lieu shall be required and no review by the Planning Board or approval by Council, as provided for in this section, is required. However, this shall not preclude the developer and the Municipality from agreeing to the dedication of land or a combination of land dedication and fee payment.
C. Action by Planning Board. All preliminary and final plat maps, except those of a totally nonresidential nature, shall be submitted to the Planning Board and Council. The Planning Board shall encourage every subdivider to submit one preliminary plat map of his or her entire proposed subdivision, rather than several preliminary plat maps or smaller tract areas, so that recommendations for the proposed park sites may be properly considered and developed. Furthermore, the Board shall encourage subdividers to work together in cooperative effort, since situations may develop where it would be more advisable to have a single park serving several contiguous subdivisions than several smaller separate parks. If a developer wishes to dedicate land and/or if the required land dedication would be two acres or more, then a map of the proposed development shall be submitted to the Board for its recommendations.
D. Action by Council. Council, after it has received the comments and recommendations of the Board, and at the time of the preliminary plat map approval, shall determine as a part of such approval whether to require a dedication of land within the subdivision, the payment of a fee in lieu thereof or a combination of the two. Council, at the time of final plat map approval, shall again review the comments and recommendations of the Board, shall determine whether the final plat map has been prepared in accordance with the agreements reached and guidelines established at the time of the preliminary plat map approval and shall confirm that the provisions of this section are satisfied prior to the approval and recording of the final plat map.
Council, in a case involving a development where the potential land dedication would be two acres or more, or in a case involving a development where the developer is proposing a land dedication of less than two acres, shall determine, after it has received a copy of the proposed development map and the recommendations of the Board, whether to require a dedication of land within the development, the payment of a fee in lieu thereof or a combination of the two. These conditions shall be made prior to the approval and issuance of any building permit for the development.
Council may also take such action as it deems appropriate which is at variance with a recommendation of the Planning Board, provided such action is approved by at least five votes of the members of Council.
(3) Determination. Whether Council accepts the land dedication or elects to require payment of a fee in lieu thereof or a combination of the two shall be determined after consideration of the following:
A. Compatibility with the principles and standards of the Land Use Plan;
B. Topography, geology, access and location of land in the subdivision or development available for dedication; and
C. Size and shape of the subdivision or development and land available for dedication.
The determination by Council, as to a dedication, a fee or a combination of both, shall be final and conclusive.
(e) Suitability of Land. Any land to be dedicated under this section shall be reasonably adaptable for use for active park and recreation purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include, but not be limited to, the following:
(1) Unity. The dedicated land shall form a single parcel of land, except where Council determines that two parcels or more would be in the best public interest.
(2) Shape. The shape of the dedicated parcel of land shall be sufficiently geometric to be usable for softball, tennis, football and other recreational pursuits.
(3) Location. The dedicated land shall be located so as to serve the recreation and open space needs of the subdivision for which the dedication was made. The recreation land in a subdivision must be located so as to be reasonably accessible from all lots in the subdivision.
(4) Access. Public access to the dedicated land shall be provided preferably by adjoining street frontage, but also possibly by a public easement to the dedicated parcel. Such easement shall be sufficiently wide so that maintenance equipment has reasonably convenient access to the land.
(5) Usability. The dedicated land shall be usable for recreational activities. As a general rule, steep slopes, streams, lakes, watercourses and flood plains may be considered for only up to forty percent of the recreational land requirement, and a minimum of sixty percent of the recreational land requirement shall be suitable for dry ground recreational use. In this latter regard, fifty percent of the dry ground recreation area shall not exceed three percent grade, and the remaining dry ground recreation area shall not exceed five percent grade. However, where Council determines that the recreational needs are already being adequately met, either by other dedicated parcels of land or existing recreational facilities, then land that is not usable for recreation activities may be dedicated as open space.
(6) Plans. The Land Use Plan, the Official Thoroughfare Plan and the Housing Element shall be taken into consideration when evaluating land proposals for dedication.
(f) Preservation of Land.
(1) Natural features of scenic beauty, such as trees, plant life, brooks and other watercourses, topography, historic spots, views and similar conditions which, if preserved, will add attractiveness and value, shall be considered and preserved whenever possible and practical in the dedication of open space and park and recreation areas.
(2) Where the land proposed to be dedicated has been adversely affected by the subdivider's or developer's operation, or his or her lack of control over the use of the land, or where it is necessary to alter or change, to make it a suitable site, by clearing, grading, drainage or a combination thereof, a construction plan must be approved by the Director of Public Service. Such changes or improvements as are to be required in the construction plan shall conform to the standards as established by the parties concerned.
(g) Credit for Private Open Space.
(1) Where private open space for park and recreation purposes is provided in a proposed subdivision not developed under the planned unit development regulations and such space is to be privately owned and maintained, such areas shall be credited against the requirement of dedication of land for park and recreation purposes or the payment of the fees in lieu thereof, as set forth in this section.
(2) Such credit, however, shall be allowed only up to a maximum of three- fourths of the total required land dedication or fee in lieu payment, as required under this section. This determination is to be made by Council, and only in cases where it finds that the park area being provided will be in the public interest and adequately fulfill the neighborhood park needs of the subdivision, taking into consideration such factors as:
A. Location, size, configuration and accessibility of the park space in relation to the neighborhood and community park needs of the subdivision and the surrounding area;
B. The location of schools, other parks and open spaces and facilities in the area; and
C. The desirable location of parks as reflected in the Parks and Recreation Plan.
(3) Notwithstanding paragraph (g)(2) hereof, credit for such private open space against the dedication of park area required by this section shall be allowed only if the following standards are met:
A. Yards, court areas, setbacks and other open areas required to be maintained by the Zoning Code shall not be included in the computation of such private open space.
B. The private ownership and maintenance of the open space is adequately provided for by written agreement.
C. The use of the private open space is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of Council.
D. The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and
E. Facilities proposed for the open space are in substantial accordance with the provisions of the parks and recreation section of the Comprehensive Plan, and are approved by Council.
(h) Limitation on Use of Land and Fees. The land and fees received by the Municipality under this section shall be used only for the purpose of providing park and recreational facilities to serve the area in which the subdivision is located. Fees paid pursuant to this section shall be deposited in a Parks and Recreation Capital Improvement Fund, to be used for the acquisition, development and improvement of park and recreational facilities. No part of such fees shall be used for the purpose of paying salaries, wages or other general operating expenditures. Moneys spent may be expended on neighborhood or community parks, open space areas and facilities in reasonable proximity to the subdivision or development. Such parks and open space areas shall be maintained so long as the subdivision or development remains in use. However, should any such park or open space area be required at some future date for other public purposes, then a replacement park or open space area of an equal size, and equally equipped with recreational equipment and facilities, must be provided, such equipment and facilities to also be in reasonable proximity to the subdivision or development.
(Ord. 83-32. Passed 8-15-83; Ord. 03-12. Passed 6-2-03.)