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 the 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 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 are to
be shown on the preliminary plat and final plat, and shall comply
with the Village 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 Village, such area shall either be dedicated to the proper public
agency, or it shall be reserved for acquisition thereby within a three-year
period by purchase or other means. If the land is not acquired during
this period, it shall be released to the subdivider.
(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.
(3)
Whenever a tract of land to be subdivided embraces all or any part
of an arterial street or other public way which has been designated
in the Comprehensive Plan component or on the Official Map of the
Village, such public way shall be made a part of the plat and dedicated
or reserved by the subdivider in the locations and dimensions indicated
on such plan.
A.
Dedication of sites. Where feasible and compatible with the Comprehensive
or Master Plan of the Village, the developer 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 Village of
Spencer. The location of such land to be dedicated shall be determined
by the Plan Commission. Where the dedication is not compatible with
the Comprehensive or Master Plan, or for other reasons is not feasible
as determined by the Plan Commission, and as approved by the Village
Board, the developer shall, in lieu thereof, pay to the Village a
fee as established by this article, or a combination thereof.
B.
Dedication of parks, playgrounds, recreation and open spaces. The
developer 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:
C.
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 Village 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.
D.
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 Plan Commission may require that the recreation
area be located at a suitable place on the edge of the proposed land
division, subdivision or comprehensive development 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 Plan Commission, there is no land suitable for parks within the proposed land division, subdivision or comprehensive development, the dedication of land required by Subsection B is not feasible, the dedication of land would not be compatible with the Village Comprehensive Plan or park plan, the minimum size under Subsection C cannot be met, or the Plan Commission determines that a cash contribution will better serve the public interest, the Plan Commission shall require the developer to pay a fee in lieu of making the required land dedication.
(2)
The amount of any fee imposed pursuant to Subsection E(1) shall be determined as follows: the number of acres which would be required to be dedicated in accordance with Subsection B shall be multiplied by 30% of the equalized value of an acre of land within the plat during the assessment period following the installation of public improvements. The equalized value of an acre of land within the plat shall be determined by the Village Assessor. Eighty percent of the estimated park fee, as determined by the Village Assessor and Village Administrator-Clerk/Treasurer, shall be payable before construction commences on the utilities and streets. The developer shall pay the balance of the park fee when it is finally determined by the Village.
(3)
The Plan Commission may, in its sole discretion, permit the subdivider to satisfy the requirements of Subsection E(2) by combining a land dedication with a fee payment. The fee, in such cases, shall be determined by subtracting the most recent equalized value of the dedicated land, as determined by the Village Assessor, from the total fee which would have been imposed had no land been dedicated by the subdivider.
(4)
The Village shall place any fee collected pursuant to the provisions
of this section in a separate account to be used at the discretion
of the Plan Commission 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 Village and the town operates and maintains a park system, the
park land area dedicated to the town or fees paid to the town in lieu
of such dedication shall be credited against any dedication required
by or fee imposed pursuant to this section.
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 Plan Commission 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.
Deeded to the Village. Land dedicated for public purposes shall be
deeded to the Village at the time the final plat is approved.
J.
Access to dedicated land. All dedicated land shall have frontage
on a public street and shall have unrestricted public access.
K.
Utility extensions. The subdivider shall install or provide for installation
of water and sanitary sewer lines to the property line zero 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 § 424-47, the owner shall reserve for acquisition by the Village, 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 Village, 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 Village Engineer; and
(3)
Cover areas to be seeded with a minimum of four inches of quality
topsoil, seed as specified by the Village Engineer, fertilized with
16-6-6 at a rate of seven pounds per 1,000 square feet, and mulched,
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 Village. 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 Village accepts the dedication.
B.
It shall be the responsibility of the Village to maintain the dedicated
areas upon their dedication and acceptance by the Village. The owner
of said land shall not be responsible for its maintenance and liability
thereon except that said owner shall not develop the surrounding area
in a manner which would unduly depreciate the purpose, use or value
of the dedicated property.[1]
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 Village Board may require certification of compliance by Village
officials. The cost of such report shall be paid by the subdivider.
E.
If the subdivider fails to satisfy the requirements of this section,
the Village Board 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.
