(a) Mandatory Land Dedication. Acreage shall be set aside in all platted subdivisions for the provision of public areas. Such public areas shall be used as sites for public parks, open space, and recreational areas. The amount of acreage to be set aside shall comply with the following schedule:
ZONING DISTRICT | PERCENT OF GROSS DEVELOPABLE SITE |
R-1 | 10.0 |
R-2 | 10.0 |
PRD | 20.0 |
PCND | 50.0 |
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.
(b) Review and Approval Process. The mandatory land dedication requirement shall serve as a component of the subdivision review process of St. Clairsville and regulatory review and approval shall be a consistent part of that process. The Planning 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 Commission shall request an alternative site(s), which may or may not be provided on-site.
(c) Fees In-Lieu of Dedication. The Applicant may request the payment of fees in-lieu of the total or a portion of the mandatory land dedication to the Planning 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.
(d) Payment, 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. 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) Park Fee. A park fee of $500 per dwelling unit shall be paid to the Municipality by the developer or builder of any residential structure prior to issuance of a Certificate of Zoning Compliance. Such fee shall be deposited in a special fund and expended by the Municipality for the improvement and purchase of recreational facilities and equipment excluding maintenance and maintenance equipment.
(g) Conflict with Subdivision Regulations. This subsection shall supersede conflicting requirements of the Subdivision Regulations.