A. Lands Dedication By Warranty Deed Or Fees In Lieu: Any subdivision or resubdivision platted after the effective date hereof, lands shall be dedicated and deeded by warranty deed to the town or fees in lieu thereof shall be paid to the town, in order that adequate open spaces and sites for public use may be properly located and preserved as the town develops, and in order that the cost of providing additional public sites and facilities may be most equitably apportioned on the basis of the additional need created by individual subdivision development.
B. Resubdivisions: Resubdivisions of land shall be assessed for public land dedication on the same basis as in new subdivisions; however, any legally occupied dwelling unit existing on the site at the time the development proposal is submitted for review shall not be included in the public land dedication requirement. In the case of resubdivisions where public land was previously dedicated, public land dedication, fees in lieu of park land and/or any combination thereof shall be based only on the net potential increase of dwelling units created by the resubdivision development.
C. Considered In Design: Consideration shall be given to the adequate provision and location of such public sites and facilities in the design of the subdivision.
D. Residentially Zones Areas: In residentially zoned areas, the amount of land to be dedicated shall be computed by calculating from the plat, determining the maximum number of dwelling units which could be allowed in the subdivision based on the proposed zoning and number of lots. The number of allowable dwelling units shall be multiplied by three (3) persons per dwelling unit to determine the potential population of the area. One acre of land shall be dedicated for each one hundred (100) persons, as determined in this manner.
E. Adaptable For Public Use: Any land dedicated to meet the requirements of this section shall be reasonably adaptable for the public use for which it is intended and shall be at a location convenient to the people to be served. When the area designated by the owner is not suitable, or if the site is not consistent with the town parks plan, the planning and zoning commission may request that an alternate parcel be dedicated.
F. Payment Of Fee In Lieu: In the event that the application of these standards would result in sites too small to be usable, or if the town council determines that suitable public sites cannot properly be located in the area covered by the plat, then payment of a fee in lieu of the land dedication shall be required.
G. Amount Of Fee: The amount of the fee shall be the current, fair market value of the acreage required, determined by averaging the estimated value of all of the acreage in the subdivision after it is developed. This value shall be set by the town immediately prior to the filing of the final plat by the subdivider and shall be based upon the value of the improved and developed land.
H. Appraisal Board: If the value of such land cannot be determined satisfactorily by the town and the subdivider, an appraisal board consisting of one appraiser selected by the town at its own expense, one selected by the property owner at his own expense and a third selected by the other two (2) appraisers at town expense shall determine the value by means of an average value established by the three (3) appraisals.
I. Private Open Space For Park And Recreational Purposes Credited Against Land Dedication Requirement: Where private open space for park and recreational purposes is provided in a proposed subdivision, such areas may be credited against the requirement for a land dedication; provided, that the town council finds that:
1. The public interest is adequately served by this arrangement;
2. The land is reasonably suitable for the park, recreation or open space use proposed;
3. Adequate written assurances are submitted that the open space will be developed in a timely fashion for the open space, park or recreational activity for which the land is intended;
4. The long term preservation of the open space and its operation and maintenance are provided for in a written agreement, a copy of which shall be recorded with the plat; and
5. A public park, recreation or open space function, other than that proposed by the subdivider, is not needed in the area. (Ord. 93-9, 6-14-1993)