City of Lodi, WI Article VI Public Sites and Open Spaces

§ 300-34 Purpose.

The requirements of this article are established to ensure that adequate parks, open spaces and sites for other public uses are properly located and preserved as the City grows and that the cost of providing the park and recreation sites and facilities necessary to serve the additional people brought into the community as a result of subdivision activity may be equitably apportioned on the basis of the additional needs created by the development.

§ 300-35 Reservation of parks and other public sites.

Where a proposed park, playground, school site or other public site as shown on the Comprehensive Plan, Comprehensive Outdoor Recreation Plan, or Official Map is embraced in part of in whole by the boundary of a proposed subdivision and such public sites are not dedicated, such public ground shall be reserved and no action taken toward approval of preliminary or final plat for a period not to exceed 90 days to allow the opportunity to consider and take action toward acquisition of such public ground or park by purchase or other causes.

§ 300-36 Natural features.

In the subdividing of any land, due regard shall be shown for all natural terrain features, such as tree growth, watercourses, historic spots or similar conditions, which, if preserved, will add attractiveness and stability to the proposed development.

§ 300-37 Parkland dedication requirement.

A. Land suitability. The subdivider of a subdivision, minor subdivision, or planned unit development shall dedicate sufficient land area and/or fees to provide adequate park, playground, recreation, and open space to meet the needs generated by the land division. Lands to be dedicated shall be suitable for the public use for which they are proposed, with at least 60% of the site no more than an average grade of 5.24% to provide areas suitable for playground and playfield improvements. Drainageways, detention basins, floodplains, or wetlands shall not be considered as satisfying parkland dedication requirements. The Common Council, upon the recommendation of the Plan Commission and Parks Committee, shall have sole authority to determine the suitability and adequacy of lands proposed for dedication, including waivers to the required minimum 60% dedication with grades at or less than 5.24%.

[Amended 12-4-2018 by Ord. No. A-525; 3-5-2019 by Ord. No. A-534]

B. Dedicated land area requirement. At least 1,500 square feet of land, or an equivalent fee, shall be dedicated for each proposed residential dwelling unit within the land division or planned unit development.

C. Method of computation of number of dwelling units. Where a definite commitment is made by the subdivider with respect to the number of dwelling units to be constructed on any parcel and such commitment is shown on the final plat recorded by the Columbia County Register of Deeds, the dedication shall be based on that number. Where no such commitment exists, the dedication shall be based on the maximum number of dwelling units permitted in the zoning district in which the proposed land division is located. If the zoning classification is subsequently changed to increase the number of dwelling units, the subdivider shall be required to dedicate land fees based on the new zoning.

D. Fees in lieu of land dedication.

[Amended 12-4-2018 by Ord. No. A-525; 3-5-2019 by Ord. No. A-534]

(1) Where, at the discretion of the Common Council acting on a recommendation from the Plan Commission and Parks Committee, it is determined that a cash contribution or combination of land dedication and cash would better serve the public interests, the Common Council may require the subdivider to pay fee in lieu of land dedication. Required fees shall be determined from time to time by the Common Council as specified in the City's Schedule of Fees. The fees collected shall be held in a nonlapsing fund to be used for purchase of land or recreational facilities for parks, trails, open spaces and other public recreation purposes.

(2) The applicant for a land division, or planned unit development, shall pay the park fees to the City Clerk as required by this Subsection D before the final plat or certified survey map is approved and signed by the City.

E. Other parkland locational criteria.

[Added 12-4-2018 by Ord. No. A-525]

(1) Whenever a public park or recreation site proposed in the City's Comprehensive Plan, Comprehensive Outdoor Recreation Plan, or Official Map is embraced, in whole or in part, in a tract of land to be divided, that proposed public park or recreation site shall be dedicated and credited toward the requirements of Subsection B. Where a public park and recreation site as shown on the Comprehensive Plan, Comprehensive Outdoor Recreation Plan, or Official Map within the tract are greater in area than required by dedication under Subsection B, the Common Council may require that the subdivider reserve for acquisition by the City, through a development agreement, purchase, or condemnation, the remaining greater park area for a period of two years of final plat, certified survey map, or condominium plat approval unless extended by mutual agreement. Such reserved lands shall be kept in one or more outlots to be held by the subdivider. Over that period, the City shall have the ability to negotiate the purchase of said land at undeveloped land prices. If the City does not acquire the outlot(s) set aside within the two-year period, this requirement shall lapse and the City shall remove this requirement from any recorded documents.

(2) In designing the location of future park sites, due consideration shall be given to locating parkland on the boundary of the land division in areas adjacent to unplatted lands proposed for future residential development in the City's Comprehensive Plan. This will allow the potential for larger community parks with the future dedication of parkland adjoining the land division when the adjacent lands are platted.