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, any land division,
planned unit development or development project, provision shall be
made for suitable sites of adequate area for schools, parks, playgrounds,
open spaces, green spaces, drainageways and other public purposes.
Such sites are to be shown on the preliminary plat and final plat,
and shall comply with the Town of Koshkonong 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.
A.
Dedication calculation. All subdividers shall be required to dedicate
developable land to the Town for park, school or other public uses,
other than streets or drainage ways, at a rate of 0.05 acres per dwelling
unit. Whenever a proposed playground, park, or other public area,
other than streets or drainage ways, designated in the Comprehensive
Plan or Comprehensive Plan component of the Town of Koshkonong is
embraced, all or in part, in the tract of land to be subdivided, these
lands shall be made part of the required land dedication. The Town
Board, upon the recommendations of the Plan Commission, shall have
sole authority to determine the suitability and adequacy of parklands
proposed for dedication. Drainage ways, wetlands or areas reserved
for streets shall not be considered as satisfying land dedication
requirements.
B.
Shoreland.
(1)
Lake and stream shore plats. All subdivisions abutting on a navigable
lake or stream shall provide public access at least 60 feet wide providing
access to the low water mark so that there will be public access,
which is connected to existing public roads, at not more than 1/2
mile intervals as measured along the lake or stream shore except where
greater intervals and wider access is agreed upon by the Wisconsin
Department of Natural Resources and the Wisconsin Department of Development,
and excluding shore areas where public parks or open-space streets
or roads on either side of a stream are provided. No public access
established under this chapter may be vacated except by Circuit Court
action. This subsection does not require the Town to improve land
provided for public access.
(2)
Lake and stream shore plats. The lands lying between the meander
line, established in accordance with § 236.20(2)(g), Wis.
Stats., and the water's edge, and any otherwise unplattable lands
which lie between a proposed subdivision and the water's edge shall
be included as part of lots, outlots or public dedications in any
plat abutting a lake or stream. This subsection applies not only to
lands proposed to be subdivided but also to all lands under option
to the subdivider or in which the subdivider holds any interest and
which are contiguous to the lands proposed to be subdivided and which
abut a lake or stream.
C.
Unknown number of dwelling units. Where the plat does not specify
the number of dwelling units to be constructed, the land dedication
shall be based upon the maximum number of units permitted by the Jefferson
County Zoning Chapter and this chapter.
D.
Deeded to the Town. Land dedicated for public purposes shall be deeded
to the Town at the time the final plat is approved.
E.
Access to dedicated land. All dedicated land shall have frontage
on a public street and shall have unrestricted public access.
F.
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.
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 § 490-40, the owner shall reserve for acquisition by the Town, 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, 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 Town, 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 Town Board may require certification of compliance by the Town
Engineer. The cost of such report shall be paid by the subdivider.
C.
Development of parklands is to be completed as soon as 10% of the
planned lots in the subdivision are sold, as determined by the Town
Board.
D.
If the subdivider fails to satisfy the requirements of this section,
the Town 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.
A.
Method of calculation. Where, in the opinion of the Town Board, there
is no land suitable for parks within the proposed subdivision or the
dedication of land would not be compatible with the Town's Comprehensive
Development or Park Plan, or Town officials determine that a cash
contribution would better serve the public interest, the Board may
require the subdivider to contribute a cash payment in lieu of land.
The amount of cash payment shall be according to the Town Fee Schedule.[1]
[Amended 3-13-2019 by Ord. No. 1]
[1]
Editor's Note: The Fee Schedule is on file in the Town office.
B.
Park fund. Funds paid to the Town under any fees-in-lieu-of-land
provision or contributed from other sources for park development and
improvement are to be placed in a separate account designated for
park development and improvement projects. The Town Board shall have
the final right to approve or reject such projects. Said account shall
be a continuing account and shall not lapse at the end of a budget
period.
