(A) Requirement and population ratio. The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total requirement shall be determined by multiplying the ultimate population by .020, the product of which shall be the total park acreage required.
(1) The determination of ultimate population shall be determined as follows:
Table of Estimated Ultimate Population Per Dwelling Unit | |
Owner occupied housing average | 3.14 persons per dwelling |
Renter occupied housing average | 2.51 persons per dwelling |
This information was taken from Table DP-1 Profile of General Demographic Characteristics 2000 in the 2000 census for the Town of Winfield | |
(2) Except as provided, however, that if the product derived by multiplying the ultimate population of the entire proposed development by .020 does not exceed one-half acre, no park land dedication shall be required in the subdivision.
(B) Location.
(1) The Plan Commission may recommend, approve, or disapprove the location of any proposed site. A central location, which will serve equally the entire community is most desirable. In large developments, sites should be located throughout the development according to established standards for park area distances.
(2) The final determination concerning the acceptability of land for park use and type shall be made by the Plan Commission at the time of primary plat approval.
(C) Credit for private open spaces and recreation areas.
(1) 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 Plan Commission, be provided in the form of private open spaces in lieu of dedicated public open space. The application of the subdivider shall be referred to the Plan Commission for review, report and recommendation, which review shall consider the needs of the projected residents of the development. After receipt of the report of the Plan Commission, and a finding that the application will serve the needs of the projected residents and meets the standards set forth hereafter, the Plan Commission shall approve the application at the time of primary approval.
(2) 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 obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the Plan Commission 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, including covenants. When an adjustment for private recreation areas is warranted, it will be necessary to compute the total park land dedication that would have been required from the subdivision or planned unit development and then subtract the credit to be given.
(D) Standards for private recreation improvements. If the Plan Commission, after report and recommendation, finds that it is in the public interest to accept certain private recreation improvements, the following standards should be met:
(1) Yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;
(2) Private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions;
(3) Use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the Plan Commission;
(4) The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology access, and location;
(5) The facilities proposed for the open space are adequate to serve the purpose of the open space.
(E) Credit for donation of land outside proposed development.
(1) The requirement outlined in § 155.034 may be satisfied by dedication or donation of land, of the size required under division (A) above, outside the proposed development for park and recreational purposes. The application of the subdivider shall be referred to the Plan Commission for review, report and recommendation. Such review, report and recommendation by the Plan Commission shall be made in consideration of the following factors:
(a) The proposed land to be donated must be adjacent to an existing park and recreation facility within the town.
(b) The proposed development must be less than 20 acres in order to be eligible for the above-mentioned credit. All proposed developments in excess of 20 acres shall follow the requirements of division (A) above.
(c) The proposed dedication and donation of land outside the development is compatible with current and future uses and growth of existing park and recreation facilities, as envisioned by the town's Comprehensive Master Plan.
(2) After receipt of the report of the Plan Commission, and a finding that the application meets the standards set forth in this section, the Plan Commission shall act on the application at the time of primary plat approval.
(F) Payment in lieu of donation/dedication of park land. Subject to the approval of the Plan Commission, the developer/subdivider may elect to make a cash “in lieu of” land dedication payment to the town for deposit in an escrow account to be used only for public park acquisition, development, and capital improvement of parks within the town. Approval of any such “cash in lieu of land dedication” request shall be in the sole discretion of the Plan Commission. Cash contributions made pursuant to this section shall be equivalent to the fair market value of the amount of land that would otherwise be required to be set aside for recreational/park space within the subdivision. All cash contributions made pursuant to this section shall be paid prior to the signing and recordation of the final plat of subdivision equal to fair market value of the amount of land that would otherwise be required to set aside for recreational park space within the subdivision.
(Ord. 145, passed 6-8-2006; Am. Ord. 145A, passed 12-18-2007)