Town of Trenton, WI Article VIII Park and Public Land Dedication

§ 350-43 General requirements.

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 reserve land, dedicate land or pay fees in lieu of land for park or other public uses. Each subdivider of land in the Town of Trenton shall, at the discretion and direction of the Plan Commission, either dedicate open space lands designated on the Town 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.

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, drainageways and other public purposes. Such sites are to be shown on the preliminary plat and final plat and shall comply with the Town 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.

C. Options. 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 or certified survey map is presented for approval:

(1) Dedication of site option. Whenever a proposed playground, park or other public open space land designated on the Town Comprehensive Plan, neighborhood unit development plan or other Comprehensive Plan component is encompassed, all or in part, within a tract of land to be subdivided, the public lands shall be made a part of the plat and shall be dedicated to the public by the subdivider at the rate of one acre for each 15 proposed or potential dwelling units, and any such proposed public lands in excess of the rate established herein shall be reserved for a period not to exceed three years, unless extended by mutual agreement, for purchase at undeveloped land prices by the public agency having jurisdiction. If the lands in excess of the established rate are not acquired within the three-year period as set forth herein, or the period extended by mutual agreement, the land will be released from reservation to the owner by the Town Board.

(2) Reservation of site option. Whenever a proposed playground, park or other public open space land designated on the Town's Comprehensive Plan, neighborhood unit development plan or other Comprehensive Plan component is encompassed, all or in part, within a tract of land to be subdivided, the proposed public open space lands shall be made a part of the plat and reserved at the time of final plat approval for a period not to exceed three years, unless extended by mutual agreement, for acquisition at undeveloped land prices by the public agency having jurisdiction, and the subdivider shall pay a public site fee at the time of application for final plat approval at the rate and according to the procedures set forth in Subsection C(3) below. If the land is not acquired within the three-year time period as set forth herein or the time period extended by mutual agreement, the land will be released to the owner from reservation by the Town Board.

(3) Public site fee option. If a proposed urban subdivision as defined herein does not encompass a proposed public or private park, parkway or other open space lands or if the Plan Commission requires the reservation of land as set forth in Subsection C(2) above, a fee for the acquisition of public sites to serve the future inhabitants of the proposed subdivision shall be paid to the Town Treasurer at the time of first application for approval of a final plat of said subdivision or part thereof in the amount set forth on the schedule of deposits, bonds and fees for each proposed dwelling unit within the plat. Public site fees collected by the Town Treasurer under the provisions of this chapter shall be placed in a nonlapsing special fund for Town parks and open spaces within designated areas and shall be separate from the general fund of the Town, and said special fund shall be used exclusively for the acquisition and development of park, recreation and other open space areas within each specifically designated area of the Town. However, the Town may, in lieu thereof, require that any park or playground be privately owned and held in joint ownership and maintained for the benefit of the owners of lots within the subdivision. The Town Board, upon the recommendation of the Plan Commission, shall have sole authority to determine the suitability and adequacy of parklands proposed for dedication. Drainageways, wetlands or areas reserved for streets shall not be considered as satisfying land dedication requirements.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 350-44 Development of park area.

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 Board of its designee, 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. 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.