A. 
Dedication requirement. In order that adequate open spaces and sites for public uses may be properly located and reserved and in order that the cost of providing public areas, such as but not limited to parks, recreation areas and public schools, may be equitably apportioned on the basis of additional need created by the subdivision development, each applicant shall be required to dedicate land or fees in lieu of land for park or other public uses.
B. 
General design. In the design of a subdivision, land division, planned unit development or development project, provision shall be made for suitable sites of adequate area for schools, parks, playgrounds, open spaces, drainage ways and other public purposes. Such sites are to be shown on the preliminary plat and final plat, and shall comply with the Comprehensive Plan or component of said Plan. Consideration shall be given to the preservation of scenic and historic sites, stands of trees, marshes, lakes, ponds, streams, watercourses, watersheds, ravines and woodlands, prairie and wetlands, and plant and animal communities.
A. 
Dedication calculation.
1. 
Whenever a proposed playground, park or public recreation area designated in the Comprehensive Plan, Comprehensive Plan Component or on the Official Map is embraced, all or in part, in a tract of land to be subdivided, these proposed public lands shall be made part of the plat and shall be dedicated to the public by the applicant at the rate of one acre for each 40 proposed dwelling units, but said dedication shall not be less than two acres.
2. 
If no playground, park or other public recreation area has been proposed as of the date of the application of an applicant, the City may condition approval of the final plat or Certified Survey Map on the dedication of land for public facilities, so long as said dedication is rationally related to a need for the land dedication, easement, or other public improvement resulting from the subdivision.
B. 
Unknown number of dwelling units. Where the plat does not specify the number of dwelling units to be constructed, the land dedication shall be based upon the maximum number of units permitted by Chapter 02, Zoning Districts, and this chapter.
C. 
Deeded to the City. Land dedicated for public purposes shall be deeded to the City at the time the final plat is approved.
D. 
Access to dedicated land. All dedicated land shall have frontage on a public street and shall have unrestricted public access.
E. 
Utility extensions. The applicant shall install or provide for installation of water and sanitary sewer lines to the property line of all dedicated land, where such services are to be provided to the adjacent properties.
F. 
Reservation of additional land.
1. 
When public parks and sites for other public areas as shown on the Comprehensive Plan or Comprehensive Plan component lie within the proposed area for development and are greater in area than required for dedication, the applicant shall reserve for acquisition by the City, through agreement, purchase or condemnation, the remaining greater public area for a period of one year after final plat approval unless extended by mutual agreement.
A. 
When parklands are dedicated, the applicant is required to:
1. 
Properly grade and contour for proper drainage;
2. 
Provide surface contour suitable for anticipated use of area; and
3. 
Cover areas to be seeded with a minimum of six inches of quality topsoil, seed as specified by the City Engineer, fertilized with 16-6-6 at a rate of seven pounds per 1,000 square feet, and mulched. The topsoil furnished for the park site shall consist of the natural loam, silt loam, silty clay loam or clay loam humus bearing soils adapted to the sustenance of plant life, and such topsoil shall be neither excessively acid nor excessively alkaline. Fine grading and seeding must occur within one year following issuance of the first building permit within that land division unless otherwise authorized by the City Engineer. The improved area shall not be deemed officially accepted until a uniform grass cover to a two-inch height has been established. It shall be the responsibility of the applicant to maintain the area until the City accepts the dedication.
4. 
The dedicator and developer of parkland shall be responsible for the cost and installation of all public sidewalks abutting dedicated parkland.
B. 
A neighborhood park area shall be provided by the applicant with a standard residential water service unless located directly adjacent to a fire hydrant. A community park area shall be provided by the developer with a minimum six-inch water service or at least one fire hydrant, and at least one four-inch sanitary sewer lateral, all located at the street property line. The Common Council may require certification of compliance by applicable City staff. The cost of such report shall be paid by the applicant.
C. 
Development of parklands is to be completed as soon as 20% of the planned lots in the subdivision are sold or developed, as determined by the Common Council.
D. 
If the applicant fails to satisfy the requirements of this section, the Common Council may contract said completion and bill such costs to the applicant, following written notice to the applicant of noncompliance. Failure to pay such costs may result in the immediate withholding of all building permits until such costs are paid.
A. 
Introduction and purpose. Pursuant to the authority of § 236.45, Wis. Stats., the local development fees enabling legislation, the purpose of this section is to establish the mechanism for the imposition of park development fees to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing public park facilities which are necessary to accommodate future growth and land development. This section is intended to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public park facilities within the City of Onalaska and its service areas, as they are required to serve the needs arising out of land development.
B. 
Park development fee revenue administration.
1. 
Revenues from park development fees shall be placed in one or more segregated, interest-bearing accounts and shall be accounted for separately from other City general and utility funds. Park development fee revenues and interest earned thereon may be expended only for capital costs for which the impact fees were imposed.
2. 
Park development fee revenues imposed and collected, but not used, shall be refunded on a prorated proportional basis, as determined by the Common Council, to the current record owner or owners of the property with respect to which the development fees were imposed.
C. 
Use of park development fees. Funds collected from park development fees shall be used solely for the purpose of paying the proportionate costs of providing public facilities for parks that become necessary due to land development. These costs may include the costs of debt service on bonds or similar debt instruments when the debt has been incurred for the purpose of proceeding with designated public facilities projects prior to the collection of all anticipated impact fees for that project.
D. 
Payment of park development fees.
1. 
All required park development fees are hereby imposed on all developments, redevelopments, rezoning and land divisions within the City of Onalaska or any development subarea thereof. Park development fees shall be calculated at the time of plat, zoning approval, or the annexation of undeveloped properties.
2. 
In the case of all undeveloped property, fees shall be paid within 14 days of the issuance of the first building or occupancy permit.
3. 
Annexations.
a. 
Any property or parcel of undeveloped land annexed by the City of Onalaska is subject to the payment of park development fees under the conditions set forth in this section. Undeveloped properties annexed are benefited by the availability of City parks.
4. 
If any portion of the park development fees are not timely paid, all building and occupancy permits shall be suspended until such time as the park development fees are paid in full.
E. 
Appeals.
1. 
The developer or property owner upon whom a park development fee is imposed may contest the amount, collection or use of a development fee as specified herein. An appeal to contest the amount, collection or use of a development fee may be commenced within 30 days of application for a rezoning, subdivisions or a building permit. An appeal to contest the use of a development fee shall be commenced not later than 30 days prior to the award of any public contract for expenditure of the fee revenues.
2. 
It shall be a condition precedent to the commencement of such an appeal that the park development fee from which the developer or property owner appeals shall be paid as and when the fee becomes due and payable, and upon default in making any such payment, such appeal may be dismissed.
3. 
The appellant shall pay the required filing fee set forth in the City's fee schedule at the time of filing of the appeal.
4. 
An appeal is commenced by filing a written complaint with the City Clerk. The complaint shall specify the impact fee amount or collection objected to and the basis for the objection. The appeal shall be scheduled for a public hearing before the Plan Commission at a regular meeting. The Plan Commission shall take evidence and testimony on the matter, including reports from City staff and consultants, and shall make its recommendation to the Common Council based upon the standards set forth in § 66.0617, Wis. Stats.
5. 
The Common Council shall consider the appeal, review the record made before the Plan Commission and the recommendation of the Planning Commission and decide the appeal, based upon the standards for impact fees in § 66.0617, Wis. Stats. If the Common Council determines that the appeal has merit, it shall determine appropriate remedies. The remedies may include: reallocation of the proceeds of the challenged impact fee to accomplish the purposes for which the fee was collected, refunding the development fee in full or in part; whether interest collected by the City thereon shall be returned; granting the appellant the opportunity to make the development fee payments in installments; or such other remedies as it deems appropriate by the City in a particular case. The decision of the Common Council is final.
F. 
Fees.
1. 
Residential = $922.21 per unit.
2. 
Commercial = $638.47 per acre.
a. 
Low-cost housing. As provided by § 66.0617(7), Wis. Stats., the Common Council may, on a case-by-case basis, provide for an exemption from or a reduction in the amount of the park development fees. However, no amount of park fees may be shifted to any other development in the land development in which the low-cost housing is located or to any other land development in the City.
G. 
Park development fees when land is dedicated.
1. 
The basis for the imposition of park development fees in conjunction with land dedication is the facilities needs assessment report and its attachments, "Parks Needs Assessment," which is on file in the office of the City Clerk.
2. 
The park development fees are based on a number of anticipated service units to determine impact on the City's Park System. A residential unit is assumed to be equivalent to an average residential household with 2.6 people per household as provided in the Comprehensive Plan. The service unit assessment utilizes a park needs ratio to determine the fee based on national standards for parkland per capita.
3. 
The property owner/developer shall be charged a park development fee when dedicating land.
4. 
The park development fee shall be payable by the property owner or developer prior to issuance of a building permit.