§ 14-1-81. Land Dedication.

(a)

Dedication of Sites. Where feasible and compatible with the comprehensive or master plan of the City, the developer shall provide and dedicate to the public adequate land to provide for park, recreation and open space needs of the land development within the City of Verona. The location of such land to be dedicated shall be determined by the Park Commission at the time of Preliminary Plat review. Where the dedication is not compatible with the comprehensive or master plan, or for other reasons is not feasible as determined by the Park Commission, and as approved by the Common Council, the developer shall, in lieu thereof, pay to the City a fee as established by this Article, or a combination thereof.

(b)

Dedication of Parks, Playgrounds, Recreation and Open Spaces. The developer shall dedicate sufficient land area to provide adequate park, playground, recreation and open space to meet the needs to be created by and to be provided for the land division, subdivision or comprehensive development. The minimum dedication shall be:

(1)

One thousand eight hundred (1,800) square feet per residential unit for all single-family and duplex development;

(2)

Twelve hundred fifty (1,250) square feet per residential unit for all multifamily development;

(3)

Four percent (4%) of the total acreage intended for commercial or industrial purposes.

(c)

Combination of Residential Uses. Where a combination of residential and/or commercial uses is intended, the minimum dedication shall be the sum obtained by adding the dedication requirements for each intended use as described in Subsection 14-1-81(b). Where a definite commitment is made to the City by the developer with respect to those portions of the total acreage intended for single-family, duplex, multifamily and commercial development, the dedication shall be based upon the maximum dedications which the zoning classification of the parcel will permit.

(d)

Minimum Size of Park and Playground Dedications.

(1)

In general, land reserved for recreation purposes shall have an area of at least two (2) acres. Where the amount of land to be dedicated is less than two (2) acres, the Park Commission may require that the recreation area be located at a suitable place on the edge of the proposed land division, subdivision or comprehensive development so that additional land may be added at such time that the adjacent land is subdivided. In no case shall an area of less than one (1) acre be reserved for recreational purposes if it will be impractical or impossible to secure additional lands in order to increase its area.

(2)

Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield or for other recreation purposes, and shall be relatively level and dry. A recreation site shall have a total frontage on one (1) or more streets of at least two hundred (200) feet, and no other dimension of the site shall be less than two hundred (200) feet.

(e)

Fees in Lieu of Land.

(1)

Where, in the sole discretion of the Park Commission, there is no land suitable for parks within the proposed land division or the dedication of land would not be compatible with the City's comprehensive development or park plan, the minimum size under Subsection (d) cannot be met, or City officials determine that a cash contribution would better serve the public interest, the Park Commission shall require the subdivider to contribute a park and recreation development fee 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. The total fee shall be computed on the basis of the maximum residential use of each parcel permitted in the particular zoning district under the Zoning Code. For each proposed residential development, the fee shall be Two Thousand Four Hundred Fifty Dollars ($2,450.00) for each single-family or duplex parcel, and One Thousand Seven Hundred Dollars ($1,700.00) per residential unit for each multifamily parcel. The fee shall be paid to the City at the time of final plat or certified survey approval. If the development of a subdivision is to be done in phases, payment for fees in lieu of land shall be paid in phases prior to the construction of improvements in each phase.

(2)

The Park Commission may, in its sole discretion, permit the subdivider to satisfy the requirements of this Article by combining a land dedication with a fee payment. If a land dedication of twenty-five percent (25%) of the required dedication is made, the subdivider shall also contribute an amount equal to seventy-five percent (75%) of the required per unit fee in lieu of land. If a land dedication of fifty percent (50%) of the required dedication is made, the subdivider shall also contribute an amount equal to fifty percent (50%) of the required per unit fee in lieu of land. If a land dedication of seventy-five percent (75%) of the required dedication is made, the subdivider shall also contribute an amount equal to twenty-five percent (25%) of the required per unit fee in lieu of land.

(3)

The fee in lieu of land for commercial/industrial development shall be One Thousand Dollars ($1,000.00) per acre of land proposed for development.

(4)

The City shall place any fee collected pursuant to the provisions of this Section in a separate account to be used at the discretion of the Park Commission for acquisition of land or development of any community park or trail.

(f)

Park Development Fee. In addition, at the time a building permit is issued for new construction of a single unit or multifamily residential units, a one-time fee of Three Hundred Dollars ($300.00) per bedroom shall be assessed and paid as a special charge for park development. This fee shall not apply to commercial/industrial property.

(g)

Limitations. A subdivider shall not be required to dedicate more than one-third ( 1/3 ) of the total area of the plat to meet the objectives of this Section.

(h)

Suitability of Lands. The Park Commission shall have sole authority to determine the suitability and adequacy of park lands proposed for dedication. Drainageways, wetlands or areas reserved for streets shall not be considered as satisfying land dedication requirements.

(i)

Deeded to the City. Land dedicated for public purposes shall be deeded to the City at the time the Final Plat is approved.

(j)

Access to Dedicated Land. All dedicated land shall have frontage on a public street and shall have unrestricted public access of twenty (20) feet in minimum width with a five-foot walkway and one (1) eight-foot paved entrance.

(k)

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.

(Ord. No. 06-709, § 1, 2-16-06)