[Adopted 5-13-1997 as §§ 2.001 to 2.004 of the 1997 Code]
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 Town grows. It has also been established
to ensure that the cost of providing the park and recreation sites
and facilities necessary to serve the additional people brought into
the community by land development may be equitably apportioned on
the basis of the additional needs created by the development. The
requirements shall apply to all lands proposed for residential development.
This article is authorized under §§ 60.61, 61.34,
61.35, 62.23, and 236.01, Wis. Stats., and shall not be construed
to limit the power of the Town to adopt such ordinance pursuant to
any other source of local authority, nor to utilize any other methods
or powers otherwise available for accomplishing the purpose set forth
herein, either in substitution of or in conjunction with this article.
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 as shown on the
Official Map, Comprehensive Plan or Comprehensive Outdoor Recreation
Plan, if applicable, shall be made part of the design.
The developer shall donate adequate developable land for the
park, recreation and open space needs of the development, subject
to a determination of acceptability by the Town Board. The developer
shall donate sufficient land area that is suitable and readily developable
to provide adequate park, playground, recreational and open space.
These public lands shall be made a part of the plat or certified survey
map and shall be donated to the public at a minimum rate of an acre
for each 35 acres.
In addition to the fees or dedication required in the preceding
section, a one-time fee of $200 will be assessed at the time a building
permit is issued for new construction in a new or existing subdivision
for single-family residential and a one-time fee of $400 will be assessed
at the time a building permit is issued for new construction in a
new or existing subdivision for two-family residential. For apartment
buildings, that is those units above one- and two-family, the fee
shall be $200 per living unit.
As used in this article, the following terms shall have the
meanings indicated:
DEVELOPER
Any person, firm, partnership, corporation, association,
estate or other legal entity dividing land for development. This shall
include all residential development.
FAIR MARKET VALUE (MARKET VALUE)
The highest price in terms of money which a property will
bring in a competitive and open market under all conditions requisite
to a fair sale, the buyer and seller each acting prudently, knowledgeably
and assuming the price is not affected by undue stimulus.
A developer upon whom a fee or dedication is imposed has the
right to contest the amount, collection or use of the fee to the Town
Board of the Town of Pittsfield. Such appeal shall be made within
30 days after the decision or action complained of by filing with
the Town Clerk a notice of appeal specifying the grounds thereof.
The Town Board shall thereafter reach its decision within 60 days
from the filing of the appeal.