As an alternative to dedicating land per Section 1106.01(a)(1), and only with the approval of the Planning Commission, the Developer may pay a fee-in-lieu of the Dedication.
(a) Criteria.
(1) A useable parcel of land does not exist in the subject Subdivision or for some other reason, land dedication is inappropriate or infeasible; or
(2) Summit Metro Parks, or other public recreation agency with authority in the Subdivision, recommends the payment of a fee-in-lieu of land dedication.
(3) The fee-in-lieu of land dedication amount shall be determined as follows:
Fee-in-lieu of land dedication = | Land area that would otherwise be required to be provided as determined by Section 1106.01 (b)(1) of this Chapter. | X Fair Market Value |
Fair Market Value shall equal the average value per acre of all land in the proposed Subdivision in its raw undeveloped state as determined by one of the following procedures:
A. The current per acre land transaction price of the Subdivision property as recorded or as stated in the Option to Purchase Agreement, provided the land transaction or Agreement is less than two (2) years old at the time of Final Plat filing for the first phase of the Subdivision, or
B. The current per acre land value as determined by a professional appraiser selected by the Summit County Planning Commission approved and paid for by the Developer.
(b) Parks and Recreation Fund.
(1) A fee-in-lieu of a land dedication, per Section 1106.01(c), shall be paid to the Planning Commission after approving the Final Plat for the first phase of a Subdivision along with the Performance and/or Maintenance Bond, before the plat is recorded. The fee in- lieu of land dedication monies shall be deposited in a special fund administered by the County Fiscal Officer entitled "Parks and Recreation Fund." The County Fiscal Officer shall have a separate account for these funds for each Township, and track these funds by Subdivision in each Township.
Such "Parks and Recreation Fund" monies shall be used only for the acquisition or development of public land for parks, playgrounds, trails, greenways, nature preserves, recreational facilities, open space, or for the retirement of debt incurred for such purposes.
(2) Funds generated through development of a particular Subdivision must be applied within five (5) years of receipt by the Planning Commission for eligible uses that will benefit the Subdivision for which the fee was collected. The designated agent of the Township in which the "Parks and Recreation Fund" was created shall make written request to the Planning Commission Staff to place a request to appropriate all or some portion of monies from a "Parks and Recreation Fund" created hereunder on the agenda of the Planning Commission. The Township written request shall state reasonably specific reasons for the request including but not limited to the amount of money requested, the intended use for the requested funds, the governmental authority who has oversight jurisdiction for any proposed project or is legally responsible for administration of any released funds, the location of the dedicated recreational land to be improved or acquired and the contemplated date of project completion. The Planning Commission shall then approve, disapprove or conditionally approve the request to appropriate monies from a "Parks and Recreation Fund" by formal vote. If the request to appropriate is approved or conditionally approved, the Planning Commission's motion shall direct the County Fiscal Officer on how these funds will be distributed to benefit the new Subdivision residents in the Township.
(3) Prohibition. No Final Plat shall be signed by the County and recorded by the Developer unless and until a deed for conveyance of a park, recreation or open space reserve has been reviewed and approved by the County Department of Law or in the case of a fee-in-lieu of dedication, the fee payment has been fully deposited into the Parks and Recreation Fund account.
(Res. 2008-026. Adopted 3-17-08; Ord. 2015-561. Adopted 1-25-16; Ord. 2023-339. Adopted 11-27-23.)