The creation and preservation of open space and parks whether it be for retaining a natural area or developing a parcel of ground to align with the needs of the community and to preserve historical and archaeological sites affected by proposed developments within the Commission's jurisdiction.
(a) Primary Objective. Since the population trend is always a variable which affects the development of the limited land surface of the earth, it becomes increasingly important to properly plan and preserve, where possible, a predetermined amount of the land surface for the use of the people. It is the intent of the Commission to establish an area either within or adjacent to all major subdivisions for the purposes of meeting the health, safety, economic and environmental needs of the community. An area of this type is intended to make available to the people a place which can be planned to meet those needs of the community.
(b) Legal Authority to Establish Public Land.
(1) See Ohio R. C. 711.10, 711.11 and 713.23.
(2) The public lands may consist of open spaces, parks, historical and archaeological sites or a unique area.
(c) Governing Authority.
(1) The Commission shall make all final decisions regarding the dedication of public land, including whether cash in lieu of land is acceptable and/or a combination of the above mentioned methods. The Commission shall also be the final authority in establishing all historical or archaeological sites when they are located within a subdivision which is being evaluated and eventually acted upon by the Commission.
(2) The Commission may request the assistance of the appropriate local authorities on historical or archaeological sites.
(d) Requirements. Dedication of land for public purposes (open space, parks, historical and archaeological sites) shall be required in all major subdivisions. Where public land is required by the Comprehensive Plan, the subdivider shall conform to the plan as determined by the Commission. The Commission may approve a combination of the above mentioned uses.
(e) Dedication.
(1) Percentage. A minimum of five percent (5%) of the net area (less street) of major subdivisions shall be dedicated as public land for such purposes as open space, parks and where deemed feasible historical and archaeological sites.
(2) Cash payment in lieu of land dedication. The Commission may decide to accept cash in lieu of land dedication when a suitable site is not available due to the small overall size of the area being developed, poor topography or some other unsuitable feature based on an on-site inspection. The Commission may also decide to approve cash payment in lieu of land dedication if in the Commission's opinion such method would better serve the public land program. The funds are to be used to service and maintain these areas dedicated and/or established under these regulations or prior regulations within the governmental unit in which the subdivision is located. The payment made shall be equal to a value of five percent of the net area (less street) of the subdivision. The value of the land shall be considered to be double the current tax valuation.
The plat applicant will be required to furnish a copy of the latest tax statement in the Planning Office in order for the staff to calculate the required amount of cash payment prior to release of any final plat. The Commission may distribute any portion of the accumulated funds within a specific governmental unit upon a written request from the governing authorities, stating the amount requested (if available), use intended for the funds, the location of the dedicated recreational land to be improved and the intended date of completion.
(3) Combination of land dedication and cash payment. A combination of land dedication and cash payment may be approved by the Commission. When it is found based on an on-site inspection, that there is a suitable amount of acreage available which will serve the needs of the community or primarily accomplish the objective of the Commission, yet falls short of the five-percent (5%) net land dedication requirement, then the balance of the remaining percentage can be conformed to through the cash payment method.
(f) Reservation. If the Comprehensive Plan requires a public area and/or open space larger than five percent (5%) of the net area of the major subdivision, the subdivider shall reserve the area in excess of the five percent (5%) dedication requirements for the purchase by the appropriate public agency within one year from the Commission's endorsement date of the Final Plat.
(g) Location. Suitable public land and/or open space area shall be located within or abutting other such areas, whether existing or proposed on an approved preliminary in adjacent subdivisions, whenever possible in order to provide for the maximum use intended. All areas to be dedicated, established by restrictive measures and/or reserved, shall be fully defined and shown on all approved preliminary plats and on all final plats (survey) prepared for recording. The Commission will not approve a site which is undesirable for the use intended.
(h) On-site Inspection Required Before First Final Plat (Survey) is Released for Recording. An inspection team comprised of the Commission Chairman or Vice-Chairman and/or as authorized by the Commission, may be required in order to review the area(s) to be dedicated for public purposes and/or dedicated for open spaces as shown on the preliminary plat which received favorable action from the Commission. If the results of the inspection establish that the area(s) as shown on the preliminary plat is undesirable, then another location or site shall be established and the preliminary plan modified showing the approved, defined area(s). A preliminary on-site inspection shall be made by the Planning Director and/or authorized representative of the Planning Staff and the land owner or representative, prior to approval of the Preliminary Plat.
(i) Time of Dedication. The public land and/or open space area as shown on the approved preliminary plat shall be dedicated and defined on the first final plat (survey) intended for recording which abuts such lands.
(j) Defining Public Land to be Dedicated on the Final Plat. Public land to be dedicated shall be defined for the use intended with the extreme boundaries being shown in solid line along with all appropriate bearings, dimensions, acreage and lot numbers. No structures shall be established within the area(s) defined, other than those normally associated with the restricted use of as determined by the Commission.
(k) Deed of Transfer. The Commission may request a deed of transfer from the owner of the subdivision being developed, describing the public land (open space, park, historical or archaeological site) as shown on the final plat to be recorded along with all restrictions as established by the Commission.
(1) Land becomes public upon plat recording. The Commission reserves the option to request a deed of transfer as stated in subsection (k) hereof but on all occasions the land as shown on the final plat becomes public land for the use as specified upon the recording of the plat. Ohio R. C. 711.11, Fee Simple Title.
(l) Conservation Easement (Scenic). The Commission may require the establishment of a conservation easement at a determined width to be used as a planning tool for the preservation of the environment within a subdivision. This type of easement can be public or non-public. The Commission will make the final determination, including the type of restrictions.
(1) A construction encroachment restriction will be established, restricting all types of structures from within the easement, including pavement construction such as walkways, driveways or parking areas. Nonpaved parking areas are also restricted.
(2) The Commission may require a landscaping plan for the easement and the developer will be required to either complete the improvements within a specified period of time or post an appropriate construction guarantee during a specific construction phase, until the improvements are completed in conformance to approved plans.
(m) Natural Features and Historic Sites. Natural features, historic sites and similar community assets shall be preserved where feasible. The Commission shall decide the method of preservation and evaluation.
(n) Preservation of Archaeological Sites. The Commission may preserve an archaeological site which is located within an area to be platted. Such site may be included within the land area being dedicated to the public within a subdivision. The Commission shall decide the method of evaluation.
(o) Distribution Agency. The Commission shall distribute all dedicated, public lands and accumulated cash funds created under these regulations.
(Ord. 88-1. Passed 6-23-88.)