(a) Relationship to Comprehensive Plan. Where a proposed conservation area, park or school site as shown in the Plain City Comprehensive Plan, or other officially adopted planning documents is located in whole or in part within a proposed subdivision, the Planning and Zoning Commission may require the following:
(1) The dedication to the public of part or all of the proposed site, as discussed below, and/or
(2) Reservation of the site for a period of up to 3 years to enable acquisition by the appropriate agency.
(b) Minimum Dedication Requirements for Open Space. The subdivider shall be required to reserve a minimum of 20%, or such greater standards as may be required by the development standards of the district, of the total gross site area as permanent open space within the following districts: RS1, RS2, RS2A, MFR and PRD's. The open space shall either be dedicated to the Village of Plain City or other public agency which has expressed a desire to accept and maintain the open space, or shall be transferred to a private association or entity. The Village of Plain City shall be given the right of first refusal. If the open space is transferred to a private association or entity, acceptable provisions for the perpetual maintenance of the open space shall be stated on the plat.
The Planning and Zoning Commission shall have the authority to determine whether or not the proposed open space and maintenance provisions are acceptable. Lands used for sewage, stormwater detention/retention, and/or other utilities shall not be considered open space for the purposes of this Subdivision Ordinance.
(Ord. 20-12. Passed 10-8-12.)
(c) Payment in Lieu of Open Space Dedication. When the Planning and Zoning Commission determines that open space dedication is not desirable within a proposed subdivision, the subdivider shall be required to pay a park fee in lieu of open space dedication. The fee shall be collected at the time final plat approval is requested.
(1) As to residential property the fee shall be calculated as follows:
A. Total land dedication required in acres = A
B. Value of land per acre = B
C. Value of land donation = AxB.
D. Determining value of land per acre. This amount shall be determined in the following manner:
1. If the property has been sold within the past two (2) years, and if the Village does not exercise its ability to independently appraise the property, this value shall be determined by dividing the most recent sales price by the total number of acres of the property;
2. If the property has not been sold within the past two (2) years, and if the Village does not exercise its ability to independently appraise the property this value shall be determined by a fair market valuation provided by the subdivider and performed by a qualified land appraiser acceptable to the Village;
3. If the Village so elects, and notwithstanding the foregoing provisions of this section, this value shall be determined by a fair market valuation performed by a qualified land appraiser employed by the Village. If such an appraisal is elected, it shall be final and dispositive of the valuation issue.
(2) For each lot or parcel intended for commercial, office or other business use, or industrial use, the fee shall be at the rate of fifteen hundred dollars ($1,500.00) for each acre of such lot or parcel.
(d) Park Fee. In addition to the requirements of subsections (b) and (c) hereof, a park fee of $500 per dwelling unit shall be paid to the Village by the developer or builder of any residential structure prior to issuance of a Zoning Permit(s). Such fee shall be deposited in a special fund prior to the issuance of the Zoning Permit. Said funds shall be expended by the Village for the improvement and purchase of recreational facilities, property and equipment excluding maintenance and maintenance equipment.
(e) Residential Dwelling Units Which Are Not Constructed as Part of a Planned Development or Subdivision. In those instances where residential dwelling units are constructed not as part of a subdivision or planned development, each such residential unit shall pay such fee as stated in subsection (d) hereof.
(f) Minor Subdivision. Minor subdivisions shall not be exempt from open space dedication or payment in lieu of dedication requirements.
(Ord. 06-08. Passed 2-25-08.)