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
recreation areas and public schools, may be equitably apportioned
on the basis of additional need created by the development, each subdivider
or land divider shall be required to dedicate land or fees in lieu
of land for park or other public uses.
All subdividers and land dividers shall be required
to dedicate land to the Village for park, school or other public uses,
other than streets or drainageways, at a rate of .067 acre (2,919
square feet) per dwelling unit. Whenever a proposed playground, park
or other public area, other than streets or drainageways, designated
in the Comprehensive Master Plan, Comprehensive Outdoor Recreation
Plan or Official Map of the Village of Cottage Grove is embraced,
all or in part, in the tract of land to be divided, these lands shall
be made part of the required land dedication. Parcels of a subdivision
or land division to be zoned business, industrial or agricultural
will not require land dedication except for the actual number of dwelling
units planned.
A.
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 Chapter 325, Zoning. In the event that a planned unit development or zoning amendment is later approved that increases the number of units beyond that calculated at the time of platting, a fee in lieu of parkland dedication shall be paid for each of the additional units prior to issuance of a building permit at the rate that is current at the time of the building permit application, except in the case that excess parkland was dedicated at platting, in which case credit shall be granted at a rate of 0.067 acres per unit that may offset some or all of the fee in lieu of parkland development.
[Amended 4-19-2021 by Ord. No. 04-2021]
B.
Deeded to the Village. Land dedicated for public purposes
shall be deeded to the Village at the time the final plat is approved.
C.
Access to dedicated land. All dedicated land shall
have frontage on a public street and shall have unrestricted public
access.
D.
Utility extensions. The subdivider or land divider
shall install or provide installation of water and sanitary sewer
lines to the property line of all dedicated land.
E.
Final grading and seeding. The subdivider or land
divider shall provide final grading and reseeding to grass for all
dedicated park land.
When public parks and sites for other public areas as shown on the Comprehensive Master Plan, Comprehensive Master Plan Component or Official Map lie within the proposed area for development and are greater in area than required by § 274-63 above, the owner shall reserve for acquisition by the Village, through purchase at undeveloped costs, the remaining greater public area for a period of two years from final plat or certified survey map approval unless extended by mutual agreement.
A.
Where the dedication of land under the above provisions of § 274-63 would result in lands which would not be useful or appropriate to the Village as determined by the Village Board, the Village Board may stipulate to the owner some other equitable means for making a dedication or cash payment to the Village in lieu thereof. If the Village Board accepts a smaller land dedication than specified in § 274-63, the remainder will be accepted as fees in lieu of land dedication.
B.
Where a fee is required to be paid in lieu of land
dedication, the subdivider shall pay a fee for each planned dwelling
unit set forth in the final plat or certified survey map in the amount
specified in the Village Park Fee Schedule. With prior approval, the
Village Board may accept improvements made by the developer to offset
some or all of the fees in lieu of dedication.
[Amended 4-19-2021 by Ord. No. 04-2021]
C.
A base fee will be set by the Village Board and recorded
on the Village Park Fee Schedule. This fee will be adjusted annually
as of January 1 each year by the Zoning Administrator utilizing the
Consumer Price Index, Midwest, as prepared by the U.S. Bureau of Labor
Statistics. In the event this data set is no longer available, the
Zoning Administrator shall utilize the Consumer Price Index deemed
most similar by the Zoning Administrator. The base fee may be reset
at the discretion of the Village Board.
[Amended 4-19-2021 by Ord. No. 04-2021]
D.
Fees paid to the Village under this requirement shall
be used exclusively for the acquisition and/or development of public
park and recreation facilities within the Village of Cottage Grove.
[Amended 4-19-2021 by Ord. No. 04-2021]
A.
All developers of projects in planned unit development
districts may be required to dedicate land to the Village for park,
school or other public uses, other than streets or drainageways, at
the rate of .067 acre (2,918 square feet) per dwelling unit. Whenever
a proposed playground, park or other public area, other than streets
and drainageways, designated in the Comprehensive Master Plan or Outdoor
Recreation Plan is embraced all or in part in the tract of land to
be developed, these lands shall be made part of the required land
dedication. Private recreation or open space in the PUD shall not
be considered as a substitute for dedication of public parkland.
C.
While
aspects of a planned unit development are intended to be negotiable,
it is not the intent of this section that parkland dedication requirements,
park improvement fees, or fees in lieu of parkland dedication as defined
above shall be negotiable in a planned unit development.
Outside the corporate limits of the Village,
but within the extraterritorial plat approval jurisdiction of the
Village, land or fees in lieu of land shall be provided as required
by the Dane County Subdivision Ordinance and applicable Town ordinances.
Proposed subdivisions and land divisions within the extraterritorial
plat approval jurisdiction shall be required to have reasonable access
to public parks and recreation areas.
[1]
Editor's Note: Former § 274-68, Park improvement
assessment, was repealed 4-19-2021 by Ord. No. 04-2021.
