The applicant shall give consideration to suitable and adequate
sites for schools, parks, playgrounds, and other areas for public
use or service so as to conform with the recommendations contained
in the City’s applicable plans. Any provision for schools, parks
or other public facilities shall be indicated on the preliminary and
final plat, and shall be subject to approval by the City Council.
(Ordinance adopted 6/14/10)
(a)
Applicability.
When a subdivision contains either common open space or other
improvements which are not intended to be dedicated to the City for
public use, such as private streets, a private recreation facility,
landscaped entry features or water quality structures, a property
owners or homeowners association agreement must be submitted to and
approved by the City administrator, and made a part of the final plat
documents. The Conditions, Covenants and Restrictions (CCRs) and the
association documents, including the Ordinances of incorporation and
association by-laws, shall be submitted to the City for review and
approval along with the preliminary plat application, and shall be
filed of record with the Lynn County Clerk prior to final plat approval
in order to ensure that there is an entity in place for long-term
maintenance of these improvements. Said documents must, at a minimum,
include provisions which allow the City to take over the maintenance
of common property, including but not limited to private streets and
private recreation facilities, using association funds, if such action
becomes necessary due to nonperformance or inaction by the association
or if the association goes defunct. Provisions shall also be included
which would, in the latter instance, convey ownership of the private
streets, if any, and all other common areas to the City, and which
would allow the City to remove any improvements or amenities from
the common areas and sell any buildable land area, as residential
lots, to recoup the City’s expenses for maintenance or demolition
of the improvements. Any monies that remain after the City has recovered
all of its expenses shall be retained for future maintenance or upgrading
of the streets, common areas, if any remain, screening walls, or other
improvements within the subdivision.
(b)
Membership.
A property owners or homeowners association shall be an incorporated
non-profit organization operating under recorded CCRs through which:
(1)
Each
lot owner within the described land area is automatically a mandatory
member; and
(2)
Each
lot is automatically subject to a charge for a proportionate share
of the expenses for the property owners or homeowners association’s
activities, such as maintenance of common open spaces or private streets,
and the provision and upkeep of common recreational facilities.
(c)
Legal
Requirements.
In order to assure the establishment of
a proper property owners or homeowners association, including its
financing, and the rights and responsibilities of the property or
home owners in relation to the use, management and ownership of common
property, the subdivision plat, dedication documents, covenants, and
other recorded legal agreements must:
(1)
Legally
create an automatic membership, non-profit property owners or homeowners
association;
(2)
Place
title to the common property in the property owners or homeowners
association, or give definite assurance that it automatically will
be so placed within a reasonable, definite time;
(3)
Appropriately
limit the uses of the common property;
(4)
Give
each lot owner the right to the use and enjoyment of the common property;
(5)
Place
responsibility for operation and maintenance of the common property
in the property owners or homeowners association;
(6)
Place
an association charge on each lot in a manner which will both assure
sufficient association funds and which will provide adequate safeguards
for the lot owners against undesirable high charges;
(7)
Give
each lot owner voting rights in the association; and
(8)
Must
identify land area within the association’s jurisdiction including
but not limited to the following:
(9)
Any
governmental authority or agency, including, but not limited to, the
City and Lynn County, their agents, and employees, shall have the
right of immediate access to the common elements at all times if necessary
for the preservation of public health, safety and welfare. Should
the property owners or homeowners association fail to maintain the
common elements to City specifications for an unreasonable time, not
to exceed ninety (90) days after written request to do so, then the
City shall have the same right, power and authority to enforce the
association’s rules and to levy assessments necessary to maintain
the common elements as does the association. The City may elect to
exercise the rights and powers of the property owners or homeowners
association or its board, or to take any action required and levy
any assessment that the property owners or homeowners association
might have taken, either in the name of the property owners or homeowners
association or otherwise, to cover the cost of maintenance, or the
possible demolition, if such becomes necessary to preserve public
safety or to ease maintenance burden, of any common elements.
(d)
Protective
Covenants.
Protective covenants shall be developed which,
among other things, shall make the property owners or homeowners association
responsible for:
(1)
The
maintenance and operation of all common property;
(2)
The
enforcement of all other covenants;
(3)
The
administration of architectural controls (optional); and
(4)
Certain
specified exterior maintenance of exterior improvements of individual
properties (optional).
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The City is not responsible for enforcing protective covenants
or deed restrictions.
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(e)
The association
may not be dissolved without the prior written consent of the City
Council.
(f)
No portion
of the association documents pertaining to the maintenance of private
streets and alleys, and assessments therefore, may be amended without
the written consent of the City Council.
(Ordinance adopted 6/14/10)
(a)
Policy
and Purpose.
The primary purpose of the parkland dedication
requirements is to ensure that the need for parkland which arises
from new development is provided by the developer as is attributable
and in proportion to the demand created by the new development. The
applicant shall give consideration to suitable sites for parks, playgrounds
and other areas for public use so as to conform with the recommendations
of the comprehensive plan, and is a reasonable contribution of land
and facilities for those who live and will use parkland in the new
development. Any provision for parks and public open space areas shall
be indicated on the preliminary and final plat, and shall be subject
to approval by the City Council.
(b)
Parkland
Dedication Required.
(1)
Except
as provided herein, any person submitting a preliminary or final plat
application for development of any area zoned and to be used for single-family,
duplex, or multifamily residential purposes within the City shall
include, on such preliminary and final plat, dedication to the City
of land for public park purposes, calculated at the rate of not less
than one and one-half (1.5) acres of parkland per one hundred (100)
ultimate dwelling units of such residential subdivision.
(2)
The
preliminary and final subdivision plat shall clearly show the area
proposed to be dedicated as parkland under the provisions of this
Section. The final location and size of public parks within the City
shall be determined in all instances by the City Council.
(3)
The
applicant has the duty to submit with the subdivision plat for a multifamily
residential development information concerning the numbers of dwelling
units, and should he or she fail to do so, the density shall be calculated
at the highest density that would be allowed in such multifamily residential
district for the purposes of calculating parkland requirements. Deed
restrictions or other legal instruments shall be required and submitted
as part of the application to ensure that the proposed density shall
not be increased up to the maximum allowed in the zoning district.
(4)
Exceptions.
(A)
Replats of real property which have previously satisfied the park
requirements in effect at the time of the initial approval and for
which no increase in the number of dwelling units are proposed are
exempt from the requirements of this section.
(B)
Applications for property to be used for nonresidential purposes
are exempt from the dedication of land for park purposes and shall
pay a fee of one thousand dollars ($1,000.00) per acre, with the minimum
of one thousand dollars ($1,000.00), to be deposited in the park dedication
fund, unless the development is subject to an agreement with the City
which results in the dedication or payment of fees for purpose of
parks or open space. Deed restrictions or other legal instrument shall
be required and submitted as part of the application to ensure that
the proposed uses are nonresidential.
(c)
Standards
for dedicated parkland.
(1)
The
dedicated land required hereby shall be well-drained, relatively level
in areas that are proposed for active park uses and suitable for appropriate
leisure activities. However, most areas within the City and its extraterritorial
jurisdiction shall be for passive open space enjoyment.
(2)
Public
Park Access.
Parkland shall be easily accessible from
a public street for the public and open to public view so as to benefit
area residents, enhance the visual character of the City, protect
public safety, and minimize conflicts with adjacent land uses. A proposed
subdivision adjacent to a public park or open space area shall not
be designed to restrict reasonable access into the park. Street and
pedestrian access connections between residential neighborhoods shall
be provided, wherever possible, to provide reasonable access to parks
and open space areas. The final decision on the acceptability of the
proposed access and public availability, both physical and visual,
of parkland shall be reviewed and approved by the City Council. The
parkland shall have a minimum of fifty lineal feet (50') of frontage
on a public street.
(3)
[Reserved.]
(4)
The
parkland dedicated to the City shall not be subject to reservations
of record, encumbrances or easements which will interfere with the
use of the land for park purposes.
(5)
Required
Improvements to Parkland.
The following improvements shall be required and/or coordinated with
the City prior to acceptance of the dedication by the City.
(i)
Fences Adjacent to Public Parks.
In the event that a proposed development sides or backs upon
a proposed public park, a fence of not less than six feet (6') nor
more than eight feet (8'), in height, constructed of visually open
material such as split rail material, but not including chainlink,
shall be erected in conjunction with landscaping elements on the property
line separating these uses, or other dimension or materials as agreed
to by the City. In no instance shall barb wire be permitted. The purpose
of the screening fence is to provide a visual and protective barrier
between the properties.
Prior to the construction of the required fence the owner of
the proposed development property shall submit proposed construction
materials, plans detailing the design, and estimated construction
costs to the City Administrator for review and submission to the City
Council to determine cost apportionment as appropriate. The developer
shall coordinate with the City Administrator the construction of the
required fence on the property line dividing the public and privately
owned property.
(ii)
Paved frontage, curbs and gutters for all required street frontages
abutting the outside perimeter of the parkland.
(iii)
Water, wastewater, electrical services and all other utilities connections
provided to the remainder of the subdivision shall be provided to
the park, as needed and determined by the City Council depending on
the primary activity proposed on the parkland.
(d)
Fee in
lieu of Parkland Dedication.
(1)
Applicability.
The City may accept a cash payment in lieu of parkland dedication
as follows:
(A)
In instances where the amount of parkland required to be dedicated
is three acres or less; or
(B)
The proposed parkland is unacceptable, unavailable or unsuitable
for park purposes, and does not otherwise meet the standards stated
herein; or
(C)
If the City accepts a combination of dedicated land and money.
(2)
Where
the City requires or accepts payment of cash in lieu of the dedication
of parkland, such payment shall be equivalent to six hundred fifty
dollars ($650.00) per dwelling unit for all residential developments.
(3)
All
fees shall be paid in the form of a cashier’s check or other
form acceptable by the City at the time at the request to record the
plat.
(4)
Fees
in lieu of land shall be paid into a “park dedication fund”
to be established by the City. All sums deposited to the fund shall
be accounted for by the City and expended for such purposes as land
acquisition, construction of improvements, and purchase of equipment
for the site directly related to the subdivision and its immediate
vicinity depositing the funds. The park dedication fund will be administered
by the City Council to best benefit the development, provided that
the establishment of a park site and installation of facilities or
improvements shall be within the discretion of the City Council.
(5)
The
money paid by the applicant will be expended or committed for expenditure
on such park site(s) within eight (8) years from the date of recording
of the final plat. If such funds are not so expended or committed
within eight (8) years following final plat approval, the property
owner upon written request shall be entitled to a refund of such funds,
less any amounts expended for such purposes.
(Ordinance adopted 6/14/10)
