(1) General Obligation for Residential Subdivisions
Every person who subdivides or develops land for residential purposes shall, at the time of final approval of the subdivision plat or site plan, agree to dedicate a portion of such land, pay a proportionate fee (fee-in-lieu) or some equitable combination of dedication and fee, and pay a park development fee based on the value of the required dedication, all in accordance with the standards and other provisions as set forth in these regulations, for the purpose of providing park and recreational facilities to serve future residents of such subdivisions or residential development.
(2) Applicability
The provisions of this requirement shall apply to all major subdivision applications. The provisions of this requirement shall not apply to preliminary plats or site plans submitted prior to the effective date of these regulations.
(3) Local Park, Recreation, and Open Space Standards
(a) Any land dedicated to parks, recreation, and open space, shall be done in accordance with the comprehensive plan.
(b) The city utilizes a standard ratio of 5 acres of park, recreation, or open space land for each 1,000 residents living in the city. Such lands may include such areas as neighborhood tot lots, play lots, playgrounds, community playfields, ballfields, and passive open space areas.
(4) Determination of Population
(a) For the purposes of these regulations, a population factor for each dwelling planned for a subdivision or development is established in Table 155.04-4. These figures are subject to periodic review to ensure that they reflect the most current available figures for the local area.
(b) Total population for any subdivision or development shall equal the sum of the population factors of all dwellings to be included in the subdivision or development. For the purposes of these regulations the Planning Board shall determine the number and types of dwellings to be included in any subdivision or development on the basis of such relevant information as it may have or be able to obtain tending to show the same, including, without limitation, any plans, estimates, or statements of intention furnished by the subdivider concerned relating to the proposed improvement of the subdivision or development, the nature and topography of the land involved, and the nature and kind of public improvements actually planned or probable thereon.
(5) Option to Dedicate Land or Provide Fee-in- Lieu
(a) The city shall determine whether a subdivider shall dedicate land, pay a fee-in-lieu of land dedication, or provide a combination of land dedication and fee payment.
(b) In making the determination referred to above, the following procedure shall apply:
(i) At the time of filing a preliminary plat for approval, each subdivider shall, as a part of such filing, indicate whether they desire to dedicate land for park and recreational purposes, to pay a fee-in-lieu of dedication, or to meet the requirements of these regulations by a combination of land dedication and fee payment. If such subdivider plans to dedicate land, they shall indicate the area they desire to dedicate on the preliminary plat.
(ii) After the city has reviewed such preliminary plat, it shall determine whether the plans of the subdivider to dedicate land, pay a fee-in-lieu of dedication, or provide a combination of dedication and fee payment are acceptable.
(iii) The city shall make the determination so required within 30 days of each submission pursuant to this subsection, unless the subdivider agrees in writing on an extended period for such determination. If the city fails to make a determination within said 75-day period, or within any agreed extension period, such submission shall be deemed to be approved. Insofar as practicable, the determination of the city shall be compatible with the city's adopted parks and recreation plan.
(c) Notwithstanding any other provisions of these regulations, no dedication of land shall be required and a fee-in-lieu of dedication shall be paid in the event the amount of dedication required by these regulations would be less than 5 acres, except in the event the land so dedicated could be added to the adjoining, contiguous land area of an existing park or recreational facility provided that the total area is 5 acres, permanently dedicated. This consideration shall not be construed to prohibit the voluntary dedication of lands by the subdivider in addition to the requirements imposed by these regulations.
(d) If, in the opinion of the city, any portion of land proposed for dedication has been or will be adversely affected by the operations of a subdivider, and such land or portion thereof will require reclamation in order to render it suitable as a park or recreational facility planned therefor, the city may require the subdivider to furnish a plan for such reclamation. The city shall seek the advice of the City Engineer with respect to any such plan, and shall determine, on the basis of such advice, whether such plan is acceptable in view of the purpose of these regulations. In the event such plan is acceptable, the subdivider concerned shall implement such plan within a reasonable time. If the subdivider fails to implement such reclamation plan prior to approval of the final development plan or subdivision plan, the city may, without prejudicing any rights the city may have at law or in equity, withhold approval of the final development or subdivision until such reclamation has begun.
(e) In making its determination, the city shall utilize the following criteria:
(i) Dedicated land must form a single parcel of land, except in the event the city determines that 2 or more parcels would be in the best public interest.
(ii) The shape of the dedicated parcel of land must be sufficiently geometric to be usable for recreational activities such as softball, tennis, football, and other active recreational pursuits. In addition, steep slopes, streams, lakes, watercourses, and flood plains may constitute a maximum 40% of the dedicated land, and a minimum 60% of the recreational land requirement shall be suitable for dry ground recreational use. In this latter regard, 50% of the dry ground recreation area shall not exceed 3% grade, and the remaining dry ground recreation area shall not exceed 5% grade; provided that this requirement may be waived, in whole or in part, if the city determines that the recreational needs of any subdivision are adequately met by other dedicated parcels or existing recreational facilities; and provided further that this requirement may be waived, in whole or in part, if the city determines that, although certain land areas to be dedicated are not usable for dry ground recreational use, such areas are of unique natural beauty or environmental or historic value.
(iii) Dedicated land must be centrally located in order to serve the recreation and open space needs of the subdivision or development for which the dedication was made. The recreation land in a subdivision or development must be located so that it is reasonably accessible from all dwelling units within the subdivision.
(iv) Public access and maintenance access to the dedicated land shall be provided by adjoining street frontage equal to the full width of each dedicated parcel or 400 feet, whichever is less, or by a public easement of equal size, allowing access to the dedicated parcel or parcels.
(v) In all instances, natural features of scenic beauty such as trees, plant life, brooks and other watercourses, topography, historic locations, views, and similar conditions which, if preserved, will add attractiveness and value to the dedicated land, shall be considered and preserved in the dedication of open space and parks and recreation areas.
(6) Amount of Land to be Dedicated
The amount of land to be dedicated by a subdivider pursuant to these regulations shall be determined in accordance with the formula in Figure 155.04-D.
Acres of Land for Dedication | = | Total Population as Determined in Accordance with § 155.04(M)(4). | X | 0.005 |
(7) Fee-in-lieu of Dedication
(a) In the event the city determines that a subdivider must pay a fee-in-lieu of land dedication, the amount of such fee shall be determined by the formula in Figure 155.04-E.
(b) Fair market value shall be determined in accordance with § 155.04(M)(8)(b).
Fee-in-Lieu of Land Dedication | = | Land area that would otherwise be required to be dedicated pursuant to § 155.04(M)(6). | X | Fair Market Vale |
(8) Park Development Fee
(a) Applicability
In addition to the dedication of land, payment of a fee-in-lieu of dedication, or a combination of dedication and fee payment required in the previous subsections, each subdivider shall be required to pay a park development fee. The amount of the park development fee shall be equal to one-third of the total fair market value of land required to be dedicated with respect to any subdivision or development in accordance with § 155.04(M)(6).
(b) Determination of Fair Market Value
Fair market value shall be determined as follows:
(i) Fair market value shall be determined as of the time of filing the final plat with the Planning Board.
(ii) Fair market value shall equal the average value per acre of all land in each subdivision or development in its raw, undeveloped state, determined by application of 1 of the following procedures:
A. By agreement between the subdivider and the city; or
B. In the event the subdivider and the city cannot agree, by determination of the city on the basis of assessed value for property tax purposes of all land in the subdivision or development, modified to equal market value in accordance with current assessment practices, and divided by the total number of acres within the subdivision or development; or
C. In the event the subdivider objects to the valuation method set forth in A and B above, by a qualified independent appraiser approved by the city; or
D. In the event the subdivider objects to all of the foregoing methods of valuation, by a three-member board of appraisers, 1 of whom shall be appointed by the City Manager, 1 of whom shall be appointed by the subdivider, and 1 of whom shall be selected by the 2 appraisers so appointed. The decision of a majority of such body shall be final.
(9) Credit
(a) Credit for Voluntary Dedication
In the event a subdivider dedicates land in addition to the land required to be dedicated pursuant to § 155.04(M)(6) above subject to the approval of the city, such subdivider shall receive a credit against the amount of the development fee otherwise required by § 155.04(M)(8)(a) equal to an amount up to a maximum of one-third of the fair market value of such additional land to be dedicated.
(b) Credit for Private Open Space
(i) In the event a subdivider provides private open space for park and recreational purposes and such space is to be privately owned and maintained by the future residents of the subdivision or development, or by the subdivider, and in the event the city determines that such private open space adequately fulfills the park and recreation needs of the proposed subdivision or development, the fair market value of such areas shall be credited against the land dedication and park development fee requirements of these regulations.
(ii) Such credit, however, shall be allowed only up to a maximum of 2/3 of the total required land dedication or fee-in-lieu requirement, and up to a maximum of 2/3 of the total required park development fee.
(iii) Notwithstanding Paragraphs (i) and (ii) above, the credit for private open space shall be allowed only if the following standards are met:
A. Yards, court areas, setbacks, and other such open areas required to be maintained by the zoning code shall not be included in the computation of such private open space;
B. Private ownership, development, and maintenance of the open space shall be assured by valid and enforceable undertakings on the part of the subdivider, or otherwise;
C. The use of the private open space is restricted for park and recreation purposes by recorded covenants that run with the land in favor of the future owners of property within the subdivision or development, and which cannot by their terms be defeated or eliminated without the consent of the city;
D. The proposed private open space is reasonably adaptable for park and recreational uses, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land; and
E. Facilities proposed for the private open space are reasonably compatible with those required by the city's park and recreation plan.
(10) Reduction of Minimum Lot Size and Frontage Requirements
(a) Land Dedication Only
(i) In the event a subdivider elects to fulfill the land dedication requirements of these regulations solely by dedicating land for park and recreational uses, and such action is approved by the city as provided for in these regulations, the minimum lot area standards and lot width requirements applicable to such subdivision, based on the applicable zoning code, may be reduced at the request of the subdivider by 10% and 6.2% respectively.
(ii) In the event that the lot area and lot width reduction pursuant to this subsection enables a subdivider to erect additional dwellings, a fee-in-lieu of land dedication in an amount determined in accordance with the provisions of § 155.04(M)(6) shall be required with respect to the additional population that would be generated by each proposed additional dwelling, as determined in accordance with § 155.04(M)(4).
(b) Land Dedication and Fee-In-Lieu
If the subdivider elects to fulfill the requirements of these regulations only in part through the dedication of park land, and the city approves such action, the minimum lot area standards and lot width requirements applicable to such subdivision or development may be reduced by a proportionate percentage amount of the respective 10% and 6.2% factors provided by § 155.04(M)(10)(a), determined by comparing the actual amount of dedicated land to the total land dedication requirement.
(c) Additional Voluntary Land Dedication
(i) In the event a subdivider wishes to dedicate land for park and recreational uses in addition to the dedication and fee-in-lieu requirements of these regulations, subject to the approval of the city, such subdivider may reduce the minimum lot area requirements and lot width requirements applicable to such subdivision or development by subtracting the additional land area to be dedicated for park and recreational use from the land area to which the minimum lot area requirement would otherwise be applied.
(ii) No such voluntary dedication shall result in a reduction of the minimum lot area requirement greater than 10% or a proportionate reduction in lot width requirements in excess of 6.2%, in addition to the reduction allowed pursuant to § 155.04(M)(10)(a) and provided further that no such additional reduction in minimum lot area requirements shall result in the erection of additional dwellings.
(11) Treatment Land and Procedure for Dedication and Payment of Fees
(a) Following approval of a preliminary plat which designates land for dedication, the existing vegetation (except growing commercial crops other than growing timber), topography, features of historic value, stream courses, soil, rock strata, and other natural features of such dedicated land shall not be altered or their condition adversely affected in any way without the consent of the city.
(b) Dedication of land to the city shall be by a general warranty deed conveying to the city, and its successors and assigns, good and marketable title to the real estate described in such deed, free and clear of all liens and encumbrances.
(c) This deed shall be executed and delivered to the Miami County Recorder for recording prior to the approval of the final plat of any section or any portion of the, the boundary of which is contiguous with the proposed park and recreational facility.
(d) Open space covenants for private park or recreational facilities shall be submitted to the Miami County Recorder prior to approval of the final plat and shall be recorded contemporaneously with the final plat.
(e) In the event fees, including the park development fee, are required, 10% of the amount thereof shall be deposited with the City Council prior to the approval and recording of the final plat and the balance shall be due and payable 1 year from such date, or at the time the first occupancy permit is issued with respect to such subdivision, whichever may occur first. In no event shall any building permit be granted with respect to such subdivision or development until all such fees are deposited with the Director of Finance.
(12) Limitation on Use of Land and Fees
Any land and fees received by the city pursuant to these regulations shall be used only for the supporting park and recreational facilities within the City of Tipp City. Such fees paid shall be deposited in a Parks and Recreation Capital Improvement Fund to be used for the acquisition and development of new park and recreational facilities or the expansion or improvement of existing park and recreational facilities. No part of such fees shall be used for the purposes of paying salaries, wages, or other general operating expenditures.
(13) Adjustment Provision
Notwithstanding any provision of these regulations to the contrary, the city may, in cases of an unusual or exceptional nature, allow for adjustments in the park land dedication and fees-in-lieu regulations and park development fee requirements as established in and required by the provisions of these regulations. Adjustments may be allowed when, in the opinion of the Planning Board, it has been determined and satisfactorily shown that the character of the particular subdivision or development and the park and recreation needs generated by and associated with any subdivision or development sufficiently justify such an adjustment or adjustments.
(Ord. 5-14, passed 3-17-2014)