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 the subdivision development, each subdivider
shall be required to dedicate land or fees in lieu of land for park
or other public uses.
A.
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:
B.
Combination of residential uses. Where a combination of residential
uses is intended, the minimum dedication 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 City by the developer with
respect to those portions of the total acreage 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.
C.
Minimum size of park and playground dedications.
(1)
In general, land reserved for recreation purposes shall have an area
of at least two acres. Where the amount of land to be dedicated is
less than two acres, the Common 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.
A.
Where, in the opinion of the Common Council, there is no land suitable
for parks within the proposed subdivision or the dedication of land
would not be compatible with the City's comprehensive development
or park plan, or City officials determine that a cash contribution
would better serve the public interest, the Common Council shall require
the subdivider to contribute a fee payment in lieu of land. In the
case of land divisions other than subdivisions, the subdivider shall
be required to pay a fee according to the schedule established by
the Common Council. The fees collected shall be held in a nonlapsing
fund to be used for purchase, development, improvement and maintenance
of parks, playground, open spaces and other recreational sites and
facilities.
B.
Payment.
(1)
Payment shall be made in a lump sum, or in a sum of 50% paid at the
time of final land division approval and the balance to be paid within
one year thereafter, on condition that a performance or payment bond
in the amount of the unpaid balance executed by a surety company authorized
to do business in Wisconsin and approved by the City Attorney is simultaneously
filed with the City Clerk-Treasurer.
(2)
Where the lot or parcel for which payment has been made is further
divided, payment shall be required only for the additional residential
lots.
(3)
No payment shall be required for a parcel on which a permanent residential
structure has existed for at least one year prior to the date of the
division.
