§ 515-3. Park and public land dedication requirements., Chapter 515. Subdivision of Land, Part III. Land Use Legislation, Code of Ordinances, Westfield

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 area, such as but not limited to parks, recreation areas and public schools, may be equitably apportioned on the basis of additional need created by a certified survey or subdivision development, each subdivider shall be required to dedicate land or fees in lieu of land for park or other public uses.

General design. In the design of a subdivision, land division, planned unit development or certified survey, 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 Village Comprehensive 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.

Site reservations required.

(1)

Where the area proposed to be divided contains a park, playground or other public area which is shown upon the Comprehensive Plan of the Village, at the Village Board's determination, such area shall either be dedicated to the Village or it shall be reserved for acquisition thereby with a three-year period by purchase or other means. If the land is not acquired during this period, it shall be released to the subdivider.

(2)

Whenever any river, stream or important surface drainage course is located in the area being divided, the subdivider of land shall provide an easement along each side of the river, stream or drainage course for the purpose of widening, deepening, relocating, improving or protecting the river, stream or drainage course for drainage or recreational use.

Dedication of sites. The location of land to be dedicated for the purposes stated in this chapter shall be determined by the Village Board. Where the dedication is not compatible with the Comprehensive Plan or for other reasons is not feasible as recommended by the Plan Commission and as approved by the Village Board, the subdivider shall, in lieu thereof, pay to the Village a fee as established by this chapter, or a combination thereof.

Dedication of park, playground, recreation and open spaces. A 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 or subdivision. The minimum dedication shall be:

(1)

Five percent of the total acreage intended to be used for commercial or industrial uses.

(2)

Ten percent of the total acreage intended to be used for duplexes and single-family dwelling units.

(3)

Fifteen percent of the total acreage intended to be used for multifamily dwellings.

Combination of residential uses. Where a combination of residential uses is intended, the minimum dedication shall be the sum obtained by adding 10% of the acreage intended for single-family dwellings, 10% of the acreage intended for duplex dwellings and 15% of the acreage intended for multifamily dwellings. Where a definite commitment is made to the Village by the developer with respect to those portions of the total acreage intended for single family, duplex and multifamily dwellings, the dedication shall be based upon the maximum dedications which the zoning classification of the parcel will permit.

Minimum size of park and playground dedications.

(1)

In general, land reserved for recreation purposes shall have an area of at least two acres. Where the amount of land to be dedicated is less than two acres, the Village Board may require that the recreation area be located at a suitable place on the edge of the proposed land division, subdivision or certified survey 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 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, play field or for other recreation purposes and shall be relatively level and dry. A recreation site shall have a total frontage on one or more streets of at least 100 feet.

Fees in lieu of land.

(1)

Where, in the sole discretion of the Village Board, there is no land suitable for parks within the proposed land division, the dedication of land would not be compatible with the Village's Comprehensive Plan or park plan, the minimum size under Subsection G cannot be met, or Village officials determine that a cash contribution would better serve the public interest, the Village Board 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 recreations 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 Chapter 525, Zoning. For each proposed residential development, the fee shall be as set by the Village Board. The fee shall be paid to the Village at the time of final plat or certified survey approval. This fee shall be annually adjusted by the Village Clerk-Treasurer by adding to the base fee the Consumer Price Index (CPI) cost on March 1 of that year for each possible dwelling unit within the plat/land division allowed by Chapter 525, Zoning. A residential unit is defined as a dwelling unit intended for the use of one family. (A duplex would be two residential units, a four-apartment complex would be four residential units, etc.)

(2)

The Village Board may, in its sole discretion, permit the subdivider to satisfy the requirements of this section by combining a land dedication with a fee payment. If a land dedication of 25% of the required dedication is made, the subdivider shall also contribute an amount equal to 75% of the required per-unit fee in lieu of land. If a land dedication of 50% of the required dedication is made, the subdivider shall also contribute an amount equal to 50% of the required per-unit fee in lieu of land. If a land dedication of 75% of the required dedication is made, the subdivider shall also contribute an amount equal to 25% of the required per-unit fee in lieu of land.

(3)

The Village shall place any fee collected pursuant to the provisions of this section in a separate account to be used in accordance with Subsection H(1).

Limitations. A subdivider shall not be required to dedicate more than 1/3 of the total area of the plat to meet the objectives of this section.

Suitability of lands. The Village Board 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.

Access to dedicated land. All dedicated land shall have frontage on a public street and shall have unrestricted public access.

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.

Reservation of additional land. When public parks and sites for other public areas as shown on the Comprehensive Plan lie within the proposed area for development and are greater in area than required by this chapter, the owner shall reserve for acquisition by the Village, through agreement, purchase, or condemnation, the remaining greater public area for a period of one year after final plat approval, unless extended by mutual agreement.

Development of park area.

(1)

When parklands are dedicated to the Village, the subdivider is required to:

(a)

Properly grade and contour for proper drainage.

(b)

Provide surface contour suitable for anticipated use of the area as approved by the Village.

(c)

Cover areas to be seeded with a minimum of four inches of quality topsoil, seeded as specified by the Village Director of Public Works, 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, §§ 627 and 629. The topsoil furnished for the park site shall be neither excessively acid nor excessively alkaline. Fine grading and seeding must occur within one year following issuance of the first zoning permit within that land division unless otherwise authorized by the Village Board. 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 Village accepts the dedication.

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

(2)

It shall be the responsibility of the Village to maintain the dedicated areas upon their dedication and acceptance by the Village.

(3)

A neighborhood park area shall be provided by the subdivider with a standard residential water service. A community park area shall be provided by the developer with a minimum six-inch water service and at least one four-inch sanitary sewer lateral, all located at the street property line.

(4)

The Village Board may require certification of compliance by the subdivider with this section. The cost of such report shall be paid by the subdivider.

(5)

If the subdivider fails to satisfy the requirements of this section, the Village 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 zoning permits until such costs are paid.

(6)

The subdivider shall pay all costs of public improvements in the public streets adjacent to or within all public and/or park lands.