A.
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 open space uses. Such sites are
to be shown on the preliminary plat and final plat. 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.
B.
General requirement. Where feasible and compatible, the subdivider
shall provide adequate land to provide for park, recreation, school
and open space needs of the land development within the Town of Pacific.
The location of such land to be provided shall be determined by the
Town Board.
C.
Land area required. The subdivider shall provide 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 area
shall be:
D.
Combination of residential uses. Where a combination of residential
uses is intended, the minimum land area shall be the sum obtained
by adding 10% of the acreage intended for single-family and two-family
dwellings and 15% of the acreage intended for multifamily dwellings.
Where a definite commitment is made to the Town by the developer with
respect to those portions of the total acreage intended for single-family,
duplex and multifamily dwellings, the land area shall be based upon
the maximum dedications which the zoning classification of the parcel
will permit.
E.
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.
F.
Suitability of lands. The Town Board shall have sole authority to
determine the suitability and adequacy of parklands proposed for dedication.
The location of such land to be dedicated shall be determined by the
Town Board. Drainageways, wetlands or areas reserved for streets shall
not be considered as satisfying land dedication requirements.
G.
Ownership and maintenance. The Town Board shall have sole authority
to determine the ownership and maintenance responsibilities of the
developer, owners' association, condominium association or Town regarding
open space dedications.
H.
Paths. Pedestrian or bike path areas shall not be included in the
land area calculations unless they are integral to the land area and
add to the overall functionality of the space provided.
A.
When parklands are developed in the Town, 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 Town Engineer; and
(3)
Cover areas to be seeded and fertilized with a minimum of six inches of quality topsoil, seeded as specified by the Town Engineer. 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 Town. 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 Town accepts the park area as completed. Construction site and permanent erosion control provisions shall be upheld as directed by Chapter 429, Erosion Control, and Chapter 467, Stormwater Management, or as directed by the Town Engineer.
B.
Parkland areas may be designated as neighborhood or community park
areas where deemed necessary by the Town. All services for neighborhood
or community park areas shall comply with handicap accessibility codes
as applicable.
