(a) Mandatory Land Dedication. Acreage shall be set aside in all platted residential subdivisions and multi-family residential developments, including planned residential and planned unit development districts for the provision of public areas. Such public areas shall be used as sites for public parks, open space, and recreational areas. Such lands may be deeded to the Municipality and thereby developed and managed by the Municipality or held, developed and maintained by a private association, the bylaws and creation of which shall be by approval of Council as an element of the subdivision platting process. Title to dedicated land shall be transferred to the Municipality within sixty (60) days of final plat approval. The amount of acreage to be set aside shall comply with the following schedule:
ZONING DISTRICT | PERCENT OF GROSS DEVELOPABLE ACRES |
SR & R-1 | 15.0 |
R-2 & R-3 | 20.0 |
R-2 | 20.0 |
PRD & PUD | 20.0 |
(b) Review And Approval Process. The mandatory land dedication requirement shall serve as a component of the subdivision review process or development review process if the development is except from the subdivision review process. The Planning and Zoning Commission may review and reject the proposed acreage if such site(s) is not appropriate for the intended use given environmental, technical or land use considerations. In such circumstances, the Planning and Zoning Commission shall request an alternative site(s), which may or may not be provided on-site.
(c) Fees In-Lieu of Dedication or Dedication of Off-site Public Areas. The Applicant may request the payment of fees in-lieu of the total or a portion of the mandatory land dedication to the Planning and Zoning Commission which shall make a recommendation to Council relative to such request. The amount of fees to be paid shall be equal to the assessed value of the acreage that would have been dedicated to the Municipality under the land dedication requirement. The Applicant may also request the acceptance of an off-site public area in-lieu of the total or a portion of the mandatory land dedication. The Planning and Zoning Commission shall make a recommendation to Council relative to such request.
(d) Pavement, Deposit and Use of Fees. Fees in-lieu of land dedication shall be paid to the Municipality within sixty (60) days following final plat approval or development plan approval. Such fees shall be placed in a special fund the records of which shall be available for public inspection. Such funds shall only be used by the Municipality for the acquisition and development of public parks, recreation facilities, and open space.
(e) Additional Reservation of Public Land. Where adopted planning documents recommend sites for public schools, parks or other public facilities, including open space, such lands shall be set in reserve by the owner.
(f) Conflict with Subdivision Regulations. This subsection shall supersede conflicting requirements of the Subdivision Regulations.
(Ord. 38-04. Passed 10-11-04.)