Chapter 19. Subdivision and Platting
Sec. 19-81. Dedication requirements
(1) Dedication of Sites. When feasible and compatible with the Comprehensive Plan and Comprehensive Outdoor Recreation Plan, the subdivider shall provide and dedicate to the public adequate land to provide for park, playground, trail, recreation and open space needs of the land development within the City of Marshfield. The location of such land to be dedicated shall be determined by the Common Council. Where the dedication is not compatible with the Comprehensive Plan and Comprehensive Outdoor Recreation Plan, or for other reasons is not feasible as determined by the Common Council, the subdivider shall, in lieu thereof, pay to the City a fee as established by this Article, or a combination thereof.
(2) Dedication of Parks, Playgrounds, Trails, Recreation and Open Spaces. The subdivider shall dedicate sufficient land area to provide adequate parks, playgrounds, trails, recreation and open spaces 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 one (1) acre for each forty-five (45) potential dwelling units or fractions thereof.
(3) Combination of Residential Uses. Where a combination of residential uses is intended, the minimum dedication shall be the sum obtained by adding the potential residential units intended for single-family and two-family dwellings, and the potential residential units intended for multi-family dwellings. Where a definite commitment is made to the City by the developer with respect to those portions of the project intended for single family, duplex and multi-family dwellings, the dedication shall be based upon the maximum dedications which the zoning classification of the parcel will permit.
(4) Minimum Size of Park and Recreation Land Dedications.
a. In general, land reserved for parks, playgrounds, recreation and open spaces purposes shall have an area of at least one (1) acre of contiguous land. Where the amount of land to be dedicated is less than one (1) acre, the Common Council may require that the recreation area be located at a suitable place on the edge of the proposed major subdivision or planned unit development so that additional land may be added at such time that the adjacent land is subdivided.
b. Land dedicated for the purpose of establishing trails shall be shown as an easement on the Preliminary and Final Plats. The minimum width of the easement shall be no less than thirty (30) feet wide. Widths greater than 30 feet may be required in certain circumstances as determined by the Plan Commission. Neither end of the easement may result in a dead-end, unless a future connection has been identified or may be reasonably established. Up to one-hundred percent (100%) of the total land area of the granted easement may be counted towards the overall dedication requirement.
c. 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 frontage on one or more streets for public access. The Common Council shall make the final determination of suitability.
(5) Fees in Lieu of Land.
a. Where, the Common Council, determines 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 Plan or Outdoor Recreation Plan, the minimum size under Section 19-81 (4) cannot be met, or City officials determine that a cash contribution would better serve the public interest, the Common Council, shall require the subdivider to contribute a park and recreation development fee in lieu of land. The fees collected shall be held in a non-lapsing fund to be used for purchase, development, and improvement of parks, playgrounds, trails, recreation and open spaces. 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 $200.00 for each residential unit. The fee shall be paid to the City at the time of final plat approval.
b. The Common Council may, permit the subdivider to satisfy the requirements of this Article by combining a land dedication with a fee payment. If only a percent of the land dedication is made, the subdivider shall also contribute an amount equal to the required per unit fee in lieu of land. For example, 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.
c. 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 Common Council in any City-owned park, for developing adequate parks, playgrounds, trails, recreation and open spaces.
(6) Limitations. A subdivider shall not be required to dedicate more than one-fifth (1/5) of the total area of the plat to meet the objectives of this Section.
(7) Suitability of Lands. Common Council 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.
(8) Access to Dedicated Land. All dedicated land shall have frontage on a public street and shall have public access.
(9) 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. 1190, § 2, 12-14-2010)
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