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 and recreation areas, 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 parks, playgrounds, open spaces,
drainageways and other public purposes. If designated on the Comprehensive
Plan, Comprehensive Plan component, or Official Map, such areas shall
be made a part of the preliminary and final plats as stipulated in
this chapter. If not so designated, consideration shall be given in
the location of such sites to the preservation of scenic and historic
sites, stands of fine trees, marshes, lakes, ponds, watercourses,
watersheds and ravines.
A.
Provision of suitable sites for public areas. Each subdivider of
land in the City of Amery shall, at the discretion and direction of
the City Council, upon the recommendation of the Plan Commission,
either dedicate open space lands designated on the City's 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. The City Council, upon the recommendation of
the Plan Commission, shall, at the time of reviewing the preliminary
plat or certified survey map, select one of the following options
and record such selection in the minutes of the meeting at which the
preliminary plat is presented for approval. Suitable sites for public
areas, such as but not limited to parks, recreational areas, parkways,
public building areas or other public uses, but excluding schools,
shall be provided in one or more of the following manners:
(1)
Dedication of 8% of the total area of the subdivision.
(2)
Transfer of ownership by deed to the City of the areas of land equivalent to the requirements of Subsection A(1) above.
(3)
Where the dedication of land under Subsection A(1) or (2) above would result in lands which would not be useful to the City, the City Council may stipulate to the owner some other equitable means for making a dedication or, in lieu thereof, a cash payment per dwelling unit as prescribed in the Schedule of Fees as each is sold or developed. Revenues received in such a manner shall be deposited in a special account and shall be used exclusively for public recreation in the City.
B.
Reservation of greater public area. In the event the suitable sites for public areas, as shown on the Official Map, lie within the area proposed for development and are greater in area than required by Subsection A(1) above, the owner shall reserve for acquisition by the City, through agreement, purchase or condemnation, the remaining greater public area for a period of one year.
C.
Determination of dedicated lands. The City Council shall determine
which land shall be dedicated. Land dedicated for drainageways is
not a credit towards park dedication requirements.
D.
Development of dedicated area. It shall be the duty of the City to
properly develop and maintain the dedicated areas and the owner who
dedicated said land shall in no way be responsible for its development,
maintenance or 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 and except if
such owner shall reside on one of the subdivided parcels, in which
case he/she shall be responsible for the maintenance of adjacent public
property as may be required in other laws of the City.
A.
When parklands are dedicated to the City, 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 City Engineer; and
(3)
Cover areas to be seeded with a minimum of six inches of quality
topsoil, seed as specified by the City, 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 City Council. 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 City accepts the
dedication.[1]
B.
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.
C.
The City Council may require certification of compliance by City
officials. The cost of such report shall be paid by the subdivider.
D.
If the subdivider fails to satisfy the requirements of this section,
the City Council 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.
E.
The subdivider shall pay all costs of public improvements in the
public streets adjacent to or within all public and/or park lands.
F.
Development of park lands is to be completed as soon as 20% of the
planned lots in the subdivision are sold or developed, as determined
by the City Council.
