§ 153.166 FEES IN LIEU OF USABLE OPEN SPACE.
   (A)    Whenever the Zoning Administrator determines that the open space and recreational needs of the development required by this subchapter could also be adequately met by facilities constructed on town property that is located close enough to such development to reasonably serve the residents, the Zoning Administrator may authorize the developer to pay a fee to the town's Open Space, Parks and Recreation Fund in lieu of providing on-site facilities.
   (B)   The developer shall pay a fee to the town's Open Space, Parks and Recreation Fund in lieu of providing usable open space when the residential development is exempt from the requirements of § 153.160.
   (C)   The minimum amount of fee paid under this section in lieu of usable open space shall be $100 per person of those expected to reside in the development (using the established 2.4 persons per household standard).
   (D)   With respect to any development that is authorized or required by this section to pay a fee in lieu of providing usable open space, no use may be commenced, lot sold or building occupied unless the fee has been paid. If a development is intended to be sold or occupied on a phase-by-phase basis, payment of the fee relating to each phase must first be made.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)