A.
Reservation and dedication of public land.
(1)
Whenever a tract of land to be divided by certified survey or subdivision includes all or any part of land designated in an adopted regional, County or Town trails plan or plan component, the location and dimensions of such public land shall be identified on the certified survey map or plat and either be dedicated to the public or be reserved for acquisition by the County, the Town or other public entity for a period not to exceed three years from the date the certified survey map or plat is recorded with the Winnebago County Register of Deeds, unless the time period is extended by the agreement of the subdivider, subsequent owner of the property, or other authorized party with the County, Town or other public entity.
(2)
If the Town of Vinland Land Use Plan requires a dedication of less trail area than is required by Subsection B, then the subdivider shall pay the in-lieu-of amount for the difference. If the Town of Vinland Land Use Plan requires a dedication of more Town- or County-owned public land than is required by Subsection B, the subdivider will be reimbursed for the undeveloped land value of the additional trail area.
B.
Dedications of open space.
(1)
Each subdivider, whether by subdivision or by certified survey map, shall provide public trail area as required by this section.
(2)
Each subdivider shall dedicate 1,500 square feet of land to the Town for each housing unit, provided land in the subdivision is shown on the Town's Land Use Plan as a trail. This dedication shall be at no cost to the Town.
(3)
The Town Board shall determine the number, size and location of all dedications after considering the recommendation of the Town Plan Commission. The Town Board has the right to refuse any dedication of land it determines is unsuitable for trails.
C.
Payment in lieu of dedication.
(1)
If the Town, in its sole discretion, determines that the land proposed to be dedicated is not suitable, because said land is not shown as a potential park or trail, or has unexpected contamination, or upon the mutual agreement of the subdivider and the Town, the subdivider shall pay a fee in lieu of said dedication. These fees shall be paid prior to recording the CSM or plat in the Winnebago County Register of Deeds office.
(2)
Trail fees (based upon the market value of undeveloped land just prior to development and upon projected public land development costs and projected adjacent street and utility costs) shall be updated periodically by the Town Board and become effective upon approval by resolution of the Town Board. The proportion of such costs to be covered by these fees and by projected property taxes from the new development shall also be updated by said resolution.
(3)
In-lieu-of payments received by the Town shall be deposited in a segregated, nonlapsing fund to be used for new trail development, including site acquisition and related capital improvements. Disbursement from such funds shall be made only upon specific approval of the Town Board upon considering the recommendation of the Town Plan Commission.
(4)
The development of public land facilities shall be located in the vicinity of the land from which the funds are based. Such facilities shall be owned, operated and maintained by either the County or the Town.
D.
Unimproved land.
(1)
The average value hereby established for the amount of undeveloped land, at the time of division (whether by platting or CSM) upon which trails are to be located as set forth in Subsection B(2) above shall be $200 per lot or dwelling unit potential, whichever is greater, or as updated by resolution per Subsection C above. This lot/unit value is based upon $15,000 per acre average for developable lands and $1,000 per acre for wetlands.
(2)
Whenever the divider or the Town feels said average value unfairly represents the value of the specific tract being considered for dedication or for public purchase in lieu of dedication, the Town Assessor shall determine a fair value for the tract at the expense of the Town. If the Assessor's determination is not satisfactory to one of the parties, the Town shall contract an appraiser acceptable to both parties. The cost of this appraiser's services shall be divided equally between the parties. If the parties still cannot reach agreement on value, either party may appeal the matter to the Circuit Court of Winnebago County for resolution by the Court.
E.
Public land development fees. The average cost for public use space set forth in Subsection B(2) above shall be $150 per lot or dwelling unit potential in the development.
F.
Appraisal requirements. If such lands or facilities have been acquired in whole or in part with Town funds, not totally from the nonlapsing fund established in Subsection C(3) of this section, then an appraisal of the land or facilities shall be prepared, and the Town Board may acquire said land for an amount not to exceed the appraised value less the amount of funds applied from the nonlapsing fund established in this section.