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 reserve land, dedicate land or
fees in lieu of land for park or other public uses. Each subdivider
of land in the Village of Fredonia and extraterritorial plat jurisdiction
area shall, at the discretion and direction of the Village Board,
upon the recommendation of the Planning Commission, either dedicate
open space lands designated on the Village Comprehensive Plan, Official
Map, or plan component, or reserve such open space lands and pay a
public site fee, or, where no open space lands are directly involved,
pay a public site fee. The Planning Commission shall, at the time
of reviewing the preliminary plat or certified survey map, recommend
to the Village Board the land dedication option, fees in lieu of land
option, or reservation of additional land option and record such selection
in the minutes of the meeting at which the preliminary plat is presented
for approval. The Village Board shall have the sole authority to determine
which sites shall be acceptable for dedication. Drainageways, stormwater
detention/retention areas, etc., shall not be counted as part of the
parkland dedication requirement.
B.
General design. In the design of a subdivision, land division, certified
survey map, 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, as recommended by
the Village Engineer and Planning Commission, and approved by the
Village Board.
C.
Navigable streams. Shall have a public accessway at least 60 feet
in width platted to the low-water mark at intervals of not more than
one-half mile and connecting to existing public streets, unless wider
access or greater shoreline intervals are agreed upon by the Wisconsin
Department of Administration, the Wisconsin Department of Natural
Resources, and the Village, as required by § 236.16(3) of
the Wisconsin Statutes.
A.
Dedication of site option.
(1)
Whenever a proposed playground, park, or other public open space
land designated on the Village's Comprehensive Plan, neighborhood
unit development plan, or other Comprehensive Plan component is encompassed,
all or in part, within a tract of land to be subdivided, the public
lands shall be made a part of the plat and shall be dedicated to the
public by the subdivider at the minimum rate of one acre for each
50 proposed or potential dwelling units; and any such proposed public
lands in excess of the rate established herein shall be reserved for
a period not to exceed three years, unless extended by mutual agreement,
for purchase by the public agency having jurisdiction at undeveloped
land prices.
(2)
If the lands in excess of the established rate are not acquired within
the three-year period as set forth herein, the land will be released
from reservation to the owner.
B.
Reservation of site option.
(1)
Whenever a proposed playground, park, or other public open space
land designated on the Village's Comprehensive Plan, neighborhood
unit development plan, or other Comprehensive Plan, neighborhood unit
development plan, or other Comprehensive Plan component is encompassed,
all or in part, within a tract of land to be subdivided, the proposed
public open space lands shall be made a part of the plat and reserved
at the time of final plat approval for a period not to exceed three
years, unless extended by mutual agreement, for acquisition at undeveloped
land prices by the public agency having jurisdiction and the subdivider
shall pay a public site fee at the time of application for final plat
approval at the rate and according to the procedures set forth in
this chapter.
(2)
If the land is not acquired within the three-year time period as
set forth herein, the land will be released to the owner from reservation.
C.
Public site fee option. If the proposed subdivision does not encompass a proposed public park, parkway, or other open space lands, or if the Village Planning Commission requires the reservation of land as set forth in Subsection B, a fee for the acquisition of public sites to serve the future inhabitants of the proposed subdivision shall be paid to the Village Treasurer at the time of first application for approval of a final plat of said subdivision or part thereof in accordance with the Schedule of Fees.[1] Public site fees collected by the Village Treasurer under
the provisions of this article shall be placed in a nonlapsing special
fund for Village parks and shall be separate from the General Fund
of the Village, and said special fund shall be used exclusively for
the acquisition and development of park, recreation, and other open
space areas within the Village.
[Amended 11-17-2022 by Ord. No. 2022-6]
F.
Deeded to the Village. Land dedicated for public purposes shall be
deeded to the Village at the time the final plat is approved.
G.
Access to dedicated land. All dedicated land shall have frontage
on a public street and shall have unrestricted public access.
H.
Utility extensions. The subdivider shall install or provide for installation
of water and sanitary sewer lines to the property line of all dedicated
land, where such services are to be provided to the adjacent properties.
A.
When parklands are dedicated, the subdivider is required to:
(1)
Properly grade and contour for proper drainage;
(2)
Provide surface contour suitable for anticipated use of area; and
(3)
Cover areas to be seeded with a minimum of four inches of quality
topsoil, seed as specified by the Director of Public Works, fertilized
with 16-6-6 at a rate of seven pounds per 1,000 square feet, and mulched.
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.
B.
The Village Board may require certification of compliance by the
Village Engineer. The cost of such report shall be paid by the subdivider.
C.
Grading and seeding of parklands is to be completed as soon as 10%
of the planned lots in the subdivision are sold, as determined by
the Village Board.
D.
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.
