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 a
certified survey or 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 certified survey, 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, at the City Council's determination, it shall be
reserved for acquisition thereby within a five-year period by purchase
or other means if such lands exceed dedication requirements. If the
land is not acquired during this period, it shall be released to the
subdivider.[1]
(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.
A.
Dedication of sites. Where feasible and compatible
with the Comprehensive Plan of the City, the subdivider 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 Weyauwega. The location of such land to be dedicated shall be determined
by the City Council, upon the recommendation of the Plan Commission.
Where the dedication is not compatible with the Comprehensive Plan
or for other reasons is not feasible as determined by the City Council,
the subdivider shall, in lieu thereof, pay to the City a fee as established
by this article, or a combination thereof.
B.
Dedication of parks, playgrounds, recreation and open
spaces. The subdivider shall dedicate sufficient land area to provide
adequate park, playground, recreation and open space to meet the needs
to be created by and to be provided for the land division, subdivision
or comprehensive development. The minimum dedication shall be one
acre for each 60 potential dwelling units or 10% of the land area
planned for single-family residential use, whichever provides the
most park area.
C.
Combination of residential uses. Where a combination
of residential uses is intended, the minimum dedication shall be the
sum obtained by adding the potential residential units intended for
single-family and two-family dwellings and the potential residential
units intended for multifamily dwellings. Where a definite commitment
is made to the City by the developer with respect to those portions
of the project intended for single-family, duplex and multifamily
dwellings, the dedication shall be based upon the maximum dedications
which the zoning classification of the parcel will permit.
D.
Minimum size of park and playground dedications.
(1)
In general, land reserved for recreation purposes
shall have an area of at least one acre. Where the amount of land
to be dedicated is less than one acre, the City Council may require
that the recreation area be located at a suitable place on the edge
of the proposed land division, subdivision or certified survey so
that additional land may be added at such time that the adjacent land
is subdivided. In no case shall an area of less than one acre be reserved
for recreational purposes if it will be impractical or impossible
to secure additional lands in order to increase its area.
(2)
Land reserved for recreation purposes shall be of
a character and location suitable for use as a playground, play field
or for other recreation purposes and shall be relatively level and
dry. A recreation site shall have a total frontage on one or more
streets of at least 200 feet, and no other dimension of the site shall
be less than 200 feet.
E.
Fees in lieu of land.
(1)
Where, in the sole discretion of the City Council, there is no land suitable for parks within the proposed land division or the dedication of land would not be compatible with the City's Comprehensive Plan or park plan, or the minimum size under Subsection D cannot be met, or City officials determine that a cash contribution would better serve the public interest, the City Council shall require the subdivider to contribute a park and recreation development fee in lieu of land. 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. The total fee shall be computed on the basis of the maximum residential use of each parcel permitted in the particular zoning district under the Zoning Code. For each proposed residential development, the fee shall be as set by the City Council for each residential unit.[1] The fee shall be paid to the City at the time of final
plat or certified survey approval. This fee shall be annually adjusted
by the Administrator by adding to the base fee the Consumer Price
Index (CPI) cost on March 1 of that year for each possible dwelling
unit within the plat/land division allowed by the Zoning Code.
(2)
The City Council may, in its sole discretion, permit
the subdivider to satisfy the requirements of this article by combining
a land dedication with a fee payment. If a land dedication of 25%
of the required dedication is made, the subdivider shall also contribute
an amount equal to 75% of the required per-unit fee in lieu of land.
If a land dedication of 50% of the required dedication is made, the
subdivider shall also contribute an amount equal to 50% of the required
per-unit fee in lieu of land. If a land dedication of 75% of the required
dedication is made, the subdivider shall also contribute an amount
equal to 25% of the required per-unit fee in lieu of land.
(3)
The City shall place any fee collected pursuant to
the provisions of this section in a separate account to be used at
the discretion of the City Council in any community park, for developing
adequate parks, playgrounds, recreation and open spaces.
F.
Extraterritorial areas. Where the land division, subdivision or comprehensive development is situated within the extraterritorial jurisdiction of the City, § 520-9 shall be followed.
G.
Limitations. A subdivider shall not be required to
dedicate more than 1/3 of the total area of the plat to meet the objectives
of this section.
H.
Suitability of lands. The City Council 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.
I.
Access to dedicated land. All dedicated land shall
have frontage on a public street or shall have unrestricted public
access.
J.
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 § 520-48, 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 to the City, the subdivider
is required to:
(1)
Properly grade and contour for proper drainage;
(2)
Provide surface contour suitable for anticipated use
of area as approved by the City Engineer; and
(3)
Cover areas to be seeded with a minimum of four inches
of quality topsoil, seed as specified by the City Engineer and mulch,
as specified in the Standard Specifications for Road and Bridge Construction
Sections 627 and 629. 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 City. 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.
It shall be the responsibility of the City to maintain
the dedicated areas upon their dedication and acceptance by the City.
C.
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.
D.
The City Council may require certification of compliance
with this article by the subdivider. The cost of such report shall
be paid by the subdivider.
E.
If the subdivider fails to satisfy the requirements
of this section, the City 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.
F.
The subdivider shall pay all costs of public improvements
in the public streets adjacent to or within all public and/or park
lands.
