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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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.
[1]
Editor's Note: See Ch. A600, Fees.
(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.