Sec. 5-103  Establishment of Park and Recreational Impact Fee.
   a.   There shall be established an impact fee of two thousand one hundred seventy dollars and thirty-three cents ($2,170.33) per dwelling unit based upon the cost calculated to provide the new and expanded park facilities required by development according to the established community standards, and said fee shall take effect upon due publication pursuant to law.
   b.   The Town Council makes as a part of the record of these proceedings, all of the data collected, the calculations made, and the conclusions reached by Pflum, Klausmeier & Gehrum Consultants in the process of developing the Zone Improvement Plan, and specifically instructs the employees of the Town to make such data and other information inclusively available to anyone for review during regular business hours. The Town Council further authorized Pflum, Klausmeier & Gehrum Consultants to sell or otherwise distribute copies of the Zone Improvement Plan and any of the other data collected upon which they relied, at a cost reasonably intended to compensate them for the cost of reproduction only.
   c.   In the event that any parcel of real estate considered in the creation of the Zone Improvement Plan undergoes a change in use, redevelopment, or a modification which requires a structural building permit and creates a need for new infrastructure, an impact fee will only be assessed for the increase in the burden on infrastructure.
   d.   Dedication of Park Lands or Payments of Fees In Lieu of Lands. As a condition of a final plat of a subdivision or of a final plat of a planned unit development, each subdivider or developer shall be required to dedicate land for park and recreational purposes, to serve the immediate and future needs of the residents of the development, or cash contribution in lieu of actual land dedication, or a combination of both, at the option of the Town in accordance with the following criteria and formula:
      1.   Requirements and Ratio. The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total requirement shall be one (1) acre for every ten (10) acres.
      2.   Criteria for Requiring a Contribution in Lieu of Park Site. Where the development is small and the resulting site is too small to be practical or when the available land is inappropriate for park and recreational purposes, the Town shall require the subdivider or developer to pay a cash contribution in lieu of land dedication required. The cash contributions in lieu of park and recreation land dedication shall be held in trust by the Town, or other public body designated by the Town, solely for the acquisition of park and recreation land as hereinbefore classified, which will be available to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of other existing local parks and recreation land which already serves such needs. If any portion of a cash contribution in lieu of park and recreation land dedication is not expended for the purposes set forth herein within ten (10) years from the date of receipt, it shall be refunded to the developer who made such contribution.
         (a)   Fair Market Value. The cash contributions in lieu of land shall be based on the “fair market value” of the acres of land in the area improved as specified herein, that otherwise would have been dedicated as park and recreation sites. In the event that the developer or subdivider files a written objection to the fair market value as determined by the Town Park and Recreation Board, then the developer shall submit an appraisal showing the fair market value of such improved land in the area of his or her development or other evidence thereof and a final determination of said “fair market value” of such improved land shall be made by the Town Council based upon such information submitted by the subdivider or developer and from other sources which may be submitted to the Town Council by the Park and Recreation Board.
         (b)   Criteria for Requiring Dedication and a Fee. There will be situations in subdivisions or planned unit developments when a combination of land dedication and a contribution in lieu of land are both necessary. This will occur when:
            (i)   Only a portion of the land to be developed is proposed as the location for a park site. That portion of the land within the subdivision falling within the park location shall be dedicated as a site as aforesaid, and a cash contribution in lieu of land thereof shall be required for any additional land that would have to be dedicated;
            (ii)   A major part of the local park or recreation site has previously been acquired and only a small portion of land is needed from the development to complete the site. The remaining portion shall be required by dedication and a cash contribution in lieu thereof shall be required.
      3.   Reservation of Additional Land. Where the Comprehensive Plan of the Town calls for a larger amount of park and recreational land or school sites in a particular proposed subdivision or planned unit development than the developer is required to dedicate, the land needed beyond the developer’s contribution shall, if so determined by the Town Council, be reserved for subsequent purchase by the Town provided that such acquisition is made within one (1) year from the date of approval of the final plat.
      4.   Location. The park and recreation plan as adopted by the Schererville Park and Recreation Board and as established by the Comprehensive Master Plan for the Town shall be used as a guideline in locating sites. A central location which will serve equally the entire development is most desirable. In large developments these sites can be located throughout the development according to established standards for park area distance.
      5.   Credit for Private Open Spaces and Recreation Areas.
         (a)   When subdividers or developers provide their own open space for recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. Depending on the size of the development, a portion of the park and recreation area in subdivisions or planned unit developments may, at the option of the Schererville Park and Recreation Board, be provided in the form of “private” open space in lieu of dedicated “public” open space. The extent of same shall be determined by the Schererville Park and Recreation Board, based upon the needs of the projected residents and in conformance to the total park and recreation land for the general area.
         (b)   In general, a substitution of private open space for dedicated parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment by the developer as part of his or her obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the Schererville Park and Recreation Board, and before any credit is given for private recreation areas, the subdivider or developer must guarantee that these private recreation areas will be permanently maintained for such use by the execution of the appropriate legal documents. When adjustment for private recreation areas is warranted, it will be necessary to compute the total park land dedicated that would have been required from the subdivision or planned unit development and then subtract the credit to be given.
      6.   Combining with Adjoining Developments. Where the subdivision or planned unit development is less than forty (40) acres, public open space which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable recreation areas without hardship on a particular developer.
      7.   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 dedicated for park and recreational uses shall not differ greatly from surrounding land.
      8.   Improved Sites. All sites shall be dedicated in a condition ready for full service of electrical, water, sewer and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefor.
      9.   Title to Sites. All sites shall be conveyed to the Town either by warranty or trustee’s deed. The subdivider or developer shall be responsible for conveying good, merchantable title to such sites, and shall be responsible for payment of all real estate taxes to the date of conveyance, including any agricultural roll back taxes which might be extended or levied against such sites, for any tax years or periods prior to the time of conveyance.
      10.   Provisions Applicable Prior to February 9, 1994.
         (a)   This division d. is applicable only to those developments with petitions approved by the Plan Commission prior to February 9, 1994 and shall have no effect upon pending and future petitions before the Shererville Plan Commission. This division d. shall remain in full force and effect and shall be enforced as to previous developments approved since February 14, 1990 up to, but not including, February 9, 1994.
         (b)   The owners of each and every proposed development of one (1) acre or greater for which petition to approve plat is pending before the Schererville Plan Commission as of February 9, 1994 and as shall thereafter be submitted shall, prior to the secondary approval of the Plan Commission, deed to the Schererville Park Board, without restriction or encumbrance other than easements acceptable to the Park Board, land acceptable to the Park Board comprising at least five percent (5%) of the proposed platted area. One and two lot subdivisions may apply to the Park Board for relief upon a showing sufficient to satisfy the Park Board of undue hardship and the inappropriateness of park land or equivalent in the given location and circumstances. Land for retention/detention of storm water, floodways, drainage ways and wetlands will not be permitted to fulfill the requirement, unless the Park Board finds they have significant ecological and aesthetic qualities that warrant park management and protection. The land need not be platted as lots or improved but must be of buildable quality and location suitable to the Park Board. The Plan Commission shall issue no secondary approval for any plat until such time as the Park Board files before the Plan Commission, and the Commission makes a part of its official record of consideration, confirmation that it has been deeded the land required by this division d.10 or waiver of the requirements of this division d.10.
         (c)   To administer and facilitate the implementation of this division d.10, the Planning and Building Administrator will remind each developer of their obligation at the time the developer and planning and building staff conduct discussion of preliminary assessment of areas to be dedicated for park purposes.
         (d)   Jointly the Park Superintendent and Planning and Building Administrator will make a recommendation to the Park Board for its final determination of the land to be deeded to the Park Board.
         (e)   In the event that the same owner or developer presents subsequent petition for plat of subdivision adjacent to previously approved plat of subdivision wherein land had been deeded, pursuant to this section, the Park Board shall have the discretion to exchange land previously obtained in prior plats/units for other lots in the newer proposed plat so as to have a larger single park to serve a residential area rather than several pocket parks.
         (f)   (i)   This division d.10 provides and allows for the donation of labor and materials, equivalent to the value of a five percent (5%) dedication of land for park purposes, when, and in the event, that it is determined by the members of the Park and Recreation Board, to, in their sound discretion, be in the best interests of the citizens of the Town of Schererville and, further, when the developer has demonstrated an ability and interest to provide the same.
            (ii)   The responsibility for determining such an option will be that of the members of the Park and Recreation Board, and shall be submitted to the Plan Commission prior to secondary approval of the proposed development.
(Ord. No. 1142, 2-14-90; Ord. No. 1269, §§ 1 - 5, 2-9-94; Ord. No. 1276, §§ 1, 2, 5-11-94; Ord. No. 1301, §§ 1, 2, 5-9-95; Ord. No. 1400, § 4, 11-26-97; Ord. No. 1400B § 1, 6-11-03; Ord. No. 1594 § 1, 11-21-03; Ord. No. 1733, § 1, 6-11-08; Ord. No. 1838, § 1, 7-10-13; Ord. 1926, § 1, 7-11-18)