As a condition of approval of a final plat of subdivision or of a final plat of a planned development, the Village of New Concord shall require land for park and recreational purposes, or cash contributions in lieu of land, or a combination of both, at the option of the Village, be provided to serve said needs specifically and uniquely attributable to the residents of the subdivision or planned development. This land or cash or combination thereof shall be provided in accordance with the following criteria and formula:
(a) Criteria for Park and Recreational Land Requirements.
(1) Land Requirement and Population Ratio. The amount of land required for dedication for park and recreational purposes shall be a direct function of the ultimate population density of a proposed development. The total requirement shall be 7.0 acres of land per 1,000 of ultimate population. Ultimate population shall be computed on the basis of four persons per unit, unless it can be shown that a lesser number of persons can reasonably be expected as a result of the type of development proposed.
Open Space Critieria for Consideration: Open space; recreational facilities. Common open space and recreational facilities: requirements and disposition:
A. No less than twenty (20) percent of the land in any approved Planned District Development Plan shall be designated common open space or permanently natural scenic preserves, arranged and restricted by easement, covenant, deed, or dedication to assure that such open spaces shall be permanently preserved and maintained. Such open spaces shall not include publicly dedicated streets, land in the right-of-ways of private streets, off-street parking areas, or loading areas;
B. Planned residence developments of 200 dwelling units or more shall provide, as a part of the parkland dedication requirement of subsection at least one five (5) acre relatively flat grassed common area for neighborhood field recreation, preferably integrated with a neighborhood pedestrian/jogging/ bicycle path system, or system of common areas, tot lots, or other similar areas at least five (5) acres total in area.
(2) Location. The location and configuration of the site to be dedicated shall be determined by the Planning Commission based upon recommendations contained in the Comprehensive Plan and in consultation with any applicable municipal park and recreation committees. The Planning Commission shall also consider the suitability of the site for park purposes or development, its relationship to population concentrations, and its proximity to other park or recreational lands.
(3) Minimum Size. The minimum size of any land to be dedicated for park and recreational purposes shall be no less than 10,000 square feet, one dimension of which cannot be less than 100 feet, except that the Planning Commission may recommend that the Village Council accept the dedication of a smaller size, when required by the specific plans of the development, and when the usefulness of the smaller area for park and recreational purposes is demonstrated.
(4) Use of Detention Areas for Required Dedications. Detention areas for storm water control shall not qualify as land for park and recreational purposes, unless the use of the property for such purposes is clearly demonstrated.
(5) Open Spaces and Recreational Areas. Land required for park and recreational purposes shall be owned and maintained by the Village or Homeowners Association. The Village shall approve the detailed plans for all improvements for such park and recreational land which is privately owned and maintained, and guarantees of the permanency of the use and maintenance of such privately owned and maintained park and recreational open space, satisfactory to and enforceable by the Village shall be entered into by the subdivider or developer, which guarantees may include covenants and/or express provisions in the articles of condominium ownership, or constitution and by laws of a homeowners' association.
(b) Criteria for Requiring a Contribution in Lieu of Park Sites. Where the development is small and the resulting land dedication is too small to be practical, or when the available land is inappropriate for park and recreational purposes as determined by the Planning Commission, the subdivider or developer shall pay a cash contribution in lieu of the land required.
(1) Cash Contribution in Lieu of Park and Recreational Land Dedications. The cash contributions in lieu of park and recreational land dedications shall be held in trust by the Village, or other public body designated by the Village, solely for the acquisition of park and recreational land, which will be available to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of any existing local park and recreational land that already services such needs.
(2) Refund of Cash Contribution. If any portion of a cash contribution in lieu of park and recreational land dedication, or cash contribution in lieu of school site dedication is not expended for the purposes set forth herein 7 years from the date of receipt, it shall be refunded to the subdivider or developer who made such contribution, along with any accrued interest earned on such funds.
(3) Fair Market Value. The cash contributions in lieu of land shall be based on the fair market value of the acres of undeveloped land in the area to be improved as specified herein, that otherwise would have been dedicated as park and recreational sites. Evidence of the value of the land shall be provided by a third party and deemed acceptable by the Village Planning Commission.
(4) Criteria for Requiring Dedication and a Fee. A combination of land dedication and a contribution in lieu of land shall be required, when:
A. The subdivision or development does not have sufficient or adequate land to meet the dedication requirements hereunder. That portion of the land within the subdivision or development which is adequate or sufficient for the park or school 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 local park or recreational site or school 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 a cash contribution in lieu thereof shall be required.
(5) Criteria for a Fully Developed Park. A fully developed park, including appropriate lighting, grading, landscaping, and recreational equipment, may be required when the availability of land for park land is limited and where the recreational needs of the residents of the subdivision can be satisfied with a smaller but fully developed park with a more intensive activity level.
(c) Combining with Adjoining Developments. Park or recreational land dedications and school site dedications may be combined with dedications from adjoining subdivisions and developments in order to produce usable recreational areas or school sites without hardship on a particular developer.
(d) Topography and Grading. The slope, topography, and geology of the dedicated site as well as its surroundings must be suitable for its intended purposes. Grading on sites for park and recreational uses shall not differ greatly from surrounding land. (Ord. 2019-4. Passed 10-14-19.)