A. 
Dedication requirement.
(1) 
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 Monticello and extraterritorial plat jurisdiction area shall, at the discretion and direction of the Village Board, either dedicate open space lands designated on the Village Comprehensive Plan 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.
(2) 
The Village Board shall, at the time of reviewing the preliminary plat or certified survey map, select 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.
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, drainage-ways 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.
A. 
Dedication calculation. All subdividers shall be required to dedicate developable land to the Village for park, school or other public uses, other than streets or drainage ways, an amount of land equal to 10% of the total area proposed to be subdivided. 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 Village 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 Village Board, upon the recommendation of the Plan Commission, shall have sole authority to determine the suitability and adequacy of park lands proposed for dedication. Drainage ways, wetlands or areas reserved or streets shall not be considered as satisfying land dedication requirements.
B. 
Shoreland.
(1) 
Lake and stream shore plats.
(a) 
All subdivisions abutting on a navigable lake or stream shall provide public access at least 60 feet wide providing access to the low watermark 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 Administration, and excluding shore areas where public parks or open space streets or roads on either side of a stream are provided.
(b) 
No public access established under this chapter may be vacated except by Circuit Court action. This subsection does not require the Village 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 Village Zoning Code and this chapter.
D. 
Deeded to the Village. Land dedicated for public purposes shall be deeded to the Village 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 § 374-41, 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, 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 Superintendent of Streets, 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. 
Development 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.
A. 
Method of calculation.
(1) 
Where, in the opinion of the Village Board, there is no land suitable for parks within the proposed subdivision or the dedication of land would not be compatible with the Village's comprehensive development or park plan, or Village officials determine that a cash contribution would better serve the public interest, the Village Board may require the subdivider to contribute a payment of $250 per subdivision lot in lieu of land. The fees collected shall be held in a nonlapsing fund to be used for purchase, development, improvement and maintenance of parks, playgrounds, open spaces and other recreational sites and facilities. In the case of land divisions other than subdivisions, the subdivider shall pay $250 for each proposed dwelling unit within the plat or certified survey map. The total fee shall be computed on the basis of the maximum residential use of each lot or parcel permitted in the particular zoning district under the Zoning Code.
[Adopted 6-20-2001]
(2) 
Exemptions. Where a lot or parcel for which payment has once been made is further divided, payment shall be required only for the additional lots or parcels created.
(3) 
Time of payment. Payment shall be made before certification of approval is affixed to the final plat. As an alternative, payment of 50% of the fee may be made prior to certification and the balance paid within one year of certification if the portion which is deferred is guaranteed by surety bond or other financial guarantee satisfactory to the Village.
B. 
Dedication criteria. The Village Board shall determine whether the subdivider shall be required to dedicate land or pay a fee in lieu of dedication. The Village Board shall also determine the location of sites dedicated to such public uses and the types of uses to which said sites shall be put. In making these determinations, consideration shall be given to the needs of the community in general and of the residents of the proposed subdivision or other land division, correlation with existing and planned sites and facilities dedicated for such public uses, feasibility and practicality of requiring dedication of land, zoning regulations and compatibility with a comprehensive community development plan or a park and open space plan.
C. 
Park fund. Funds paid to the Village 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 Village 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.