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 subdivider
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, drainageways and other public purposes. Such sites are to be
shown on the preliminary plat and final plat, and shall comply with the City
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.
C.
Site reservations required.
(1)
Where the area proposed to be divided contains a park,
playground or other public area which is shown upon the Comprehensive Plan
of the City, such area shall either be dedicated to the proper public agency,
or it shall be reserved for acquisition thereby within a three-year period
by purchase or other means. If the land is not acquired during this period,
it shall be released to the subdivider.
(2)
Whenever any river, stream or important surface drainagecourse
is located in the area being divided, the subdivider of land shall provide
an easement along each side of the river, stream or drainagecourse for the
purpose of widening, deepening, relocating, improving or protecting the river,
stream or drainagecourse for drainage or recreational use.
(3)
Whenever a tract of land to be subdivided embraces all
or any part of an arterial street or other public way which has been designated
in the Comprehensive Plan component or on the Official Map of the City, such
public way shall be made a part of the plat and dedicated or reserved by the
subdivider in the locations and dimensions indicated on such plan.
A.
Dedication of sites.
(1)
Where feasible and compatible with the Comprehensive
Plan of the City, the developer shall provide and dedicate to the public adequate
land to provide for park, recreation, school and open space needs of the land
development within the City of Bayfield. The location of such land to be dedicated
shall be determined by the Plan Commission. Where the dedication is not compatible
with the Comprehensive Plan, or for other reasons is not feasible as determined
by the Plan Commission, and as approved by the Common Council, the developer
shall, in lieu thereof, pay to the City a fee equivalent to the value of the
required dedication.
(2)
The amount of land to be provided shall be determined
on the following basis:
(a)
The amount of land to be dedicated shall be equal in
value to one acre per 25 residential dwelling units created by the developer
of the land. Land dedicated for parks shall not differ greatly from the surrounding
territory and the remainder of the land development. Where dedicated park
land borders a street, the developer shall cause improvements to be installed
as required by this chapter.
(b)
The City Assessor shall determine the value of the land
to be dedicated and such value shall be based on the full and fair market
value.
(c)
The owner may appeal such determination to the Common
Council. In such case, an appraisal board shall be formed consisting of one
appraiser selected by the City at its expense, one selected by the developer
at his expense, and the third selected by these two appraisers at the City's
expense. Such appraisal board shall determine the value of the land to be
dedicated.
(3)
If no playground, park, school site or other public land
has been proposed as of the date of the application of a subdivider but the
City determines that a public facility should be provided in the area of the
proposed plat to carry out the spirit and intent of this chapter, the City
may require dedication as set forth above.
(4)
In lieu of Subsection A(3), the City may, at its option, if land within the tract is not designated for a proposed playground, park, school site or other public land, other than streets or drainageways in the Comprehensive Plan or Comprehensive Plan component or such dedication would not serve the public interest best, levy a public site fee against the subdivider at the time of application for final plat approval at the rate and according to the procedures established in § 474-50.
(5)
The Plan Commission shall have sole authority to determine
the suitability and adequacy of park lands proposed for dedication. Drainageways,
wetlands or areas reserved for streets shall not be considered as satisfying
land dedication requirements.
B.
Deeded to the City. Land dedicated for public purposes
shall be deeded to the City at the time the final plat is approved.
C.
Access to dedicated land. All dedicated land shall have
frontage on a public street and shall have unrestricted public access.
D.
Utility extensions. The subdivider 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.
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 by § 474-47, the owner shall reserve for acquisition by the City, through agreement, purchase or condemnation, the remaining greater public area for a period of one year of final plat approval unless extended by mutual agreement.
A.
When parklands are dedicated, the subdivider 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 four inches
of quality topsoil, seed as specified by the Public Works Director, 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,
sandy 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 Public Works Director. 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 subdivider to maintain the area until the City accepts the dedication.
B.
A neighborhood park area shall be provided by the subdivider
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.
C.
The Common Council may require certification of compliance
by City officials. The cost of such report shall be paid by the subdivider.
D.
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.
E.
If the subdivider fails to satisfy the requirements of
this section, the Common Council may contract said completion and bill such
costs to the subdivider, following a public hearing and written notice to
the subdivider of noncompliance. Failure to pay such costs may result in the
immediate withholding of all building permits until such costs are paid.
A.
Method of calculation. Where, in the opinion of the Common Council, there is no land suitable for parks within the proposed subdivision or the dedication of land would not be compatible with the City's Comprehensive Plan or Park Plan, or City officials determine that a cash contribution would better serve the public interest, the Common Council shall require the subdivider to contribute a fee payment in lieu of land. In the case of land divisions other than subdivisions, the subdivider shall be required to pay a fee according to the schedule set forth in Subsection B of this section. The fees collected shall be held in a nonlapsing fund to be used for purchase, development, improvement and maintenance of parks, playgrounds, open spaces and other recreational sites and facilities.
B.
Computation of fees in lieu of dedication.
(2)
The developer of a planned unit development shall pay
to the City a fee equivalent to the value for other divisions of land as required
in this chapter. The fee required shall be determined by the City Plan Commission
and the developer of the planned unit development, based on an evaluation
of the individual development. The developer shall pay 50% of the fee before
final approval of the planned unit development plan presented to the City,
and sign a contract agreeing to pay a proportionate amount of the balance
of the fee before the issuance of each building permit. Such proportion of
the proportionated balance of the fee shall be based upon the total number
of buildings included in the project.
C.
Payment.
(1)
Payment shall be made in a lump sum, or in a sum of 50%
paid at the time of final and division approval and the balance to be paid
within one year thereafter, on condition that a performance of payment bond
in the amount of the unpaid balance executed by a surety company authorized
to do business in Wisconsin and approved by the City Attorney is simultaneously
filed with the City Clerk.
(2)
Where the lot or parcel for which payment has been made
is further divided, payment shall be required only for the additional residential
lots.
(3)
No payment shall be required for a parcel on which a
permanent residential structure has existed for at least one year prior to
the date of the division.
