Ordinance 5064 - EXHIBIT A
DIVISION 6 - PUBLIC
LAND DEDICATION
AND RESERVATION REQUIREMENTS
SEC 16.6 1 GENERAL APPLICABILITY. All subdivisions of property with a residential use shall be designed so that park and recreational areas are provided in the manner and to the extent prescribed by this Section, so as to accommodate the open space and recreational needs of those persons living within the confines of the subdivision. This Division shall also apply to any development on a platted lot of record.
SEC 16.6 2 AMOUNT & LOCATION OF LAND DEDICATION REQUIREMENTS. As a condition of approval of a final plat of a subdivision, each owner, subdivider or developer or property with a residential use, shall be required to dedicate land for park and recreational purposes, to serve the immediate and future needs of the residents of the development or to contribute cash in lieu of said actual land dedication, or to make a combination of cash contribution and land dedication at the election of the Town in accordance with the following criteria and formula:
- Requirement and Population Table. The ultimate density
of a proposed develop¬ment bears directly on the amount of land
required for park purposes. The total requirement shall be
ten (10)
five (5)acres(two (2) hectares)of land per one thousand (1,000) of ultimate population. Projected population is based upon the maximum number of dwelling units per acre (hectare) permitted in the respective zoning district and the projected number of occupants per unit See SEC. 16.6 3(C)&(D).
- Location. The Comprehensive Plan and Official Map
as adopted by the Town Council, shall be used as a guideline
in locating sites along with the Park & Open Space Master
Plan. A central location which will serve equally the entire
development is most desirable. In large developments, these
sites can be located throughout the development according to
accepted standards for park area distances. The use of bike
and pedestrian trials and greenways throughout the subdivision
is also desirable.
A portion of retention and detention facilities included within a proposed preliminary subdivision plan may be considered by the Town to satisfy some, but not more than fifty percent (50%) of the land dedication requirements contained herein at the recommendation of Town Staff.
- Cash Contribution Alternatives. In the event the
Town should determine that a cash contribution shall be made
by the owner, subdivider or developer in lieu of land dedication,
the Town shall apply the population ratio of 1.0
.5acre(.2 hectare)of land for one hundred (100) ultimate population within the development or area to be subdivided times the fair market value as established in SEC. 16.6 3 of this Code.
- Condition of Land. The property to be dedicated pursuant
to this Division shall be in a condition acceptable to the Town.
The subdivider or developer shall meet with the Town prior to
removing or altering the pre-development condition of the land.
The Town and subdivider or developer shall reach agreement on
the condition of the property to be dedicated prior to any alteration
of the property by the subdivider or developer. Unless otherwise
agreed land dedicated shall comply with the design and construction
standards for recreational facilities in the Town of Normal
Manual Practice for the Design of Public Improvements in the
Town of Normal.
- Parkland Credit. Greenways and trails throughout the subdivision connecting to adjacent properties may upon Town approval receive full or partial credit as parkland provided the same is dedicated in a condition acceptable to the Town.
16.6 3 CRITERIA FOR REQUIRING A CASH CONTRIBUTION IN LIEU
OF LAND DEDICATION. By agreement with the subdivider or developer
or in the sole discretion of the Town,
When the amount of land the owner, subdivider
or developer would otherwise be required to dedicate for park purposes
is calculated to be less than five (5) acres (two (2) hectares)
in size with a minimum three hundred (300) feet (100 meters) frontage
on a public street, the Town may determine that the available land
is inappropriate for park and recreational purposes, and
the owner, subdivider or developer shall
may be required to pay a cash
contribution in lieu of the land dedication or a combination of
land and cash in lieu of land.,
at the election of the Town. The cash contribution
in lieu of park and recreation land dedication shall be held in
trust by the Town or other public body designated by the Town, solely
for the acquisition and development of park and
recreation land as herein before classified, which may be available
to serve the immediate or future needs of the residents of that
subdivision or development or for the improvement of other existing
local park and recreational land which already serves such areas.
- Fair Market Value. The cash contribution in lieu
of land shall be based on the “fair market value” of the acres
of land in the area improved as specified herein, that otherwise
would have been dedicated as park and recreational sites. It
has been determined that the present “fair market value” as
of the adoption date of the revised code of such improved land
in the planning jurisdiction of the Town is $45,000
$35,000per acre($87,500 per hectare)and such figure shall be used in making any calculation herein unless the subdivider or developer files a written objection thereto. In the event of such objection, the developer shall submit an appraisal showing the “fair market value” of such improved land in the area of his development or other evidence thereof and final determination of said “fair market value” per acre of such improved land shall be made by the Town Council based upon such information submitted by the subdivider or developer and from other sources which may be submitted to the Town Council.
- Criteria for Requiring Dedication and a Fee. There
will be situations in subdivisions when a combination of land
dedication and a contribution in lieu of land are both necessary.
These occasions will arise when:
- Only a portion of the land to be developed is proposed
as the location for a park or school site. That portion
of the land within the subdivision falling within the park
location shall be dedicated as a site as aforesaid, and
a cash contribution in lieu thereof shall be required for
any additional land that would have been required to be
dedicated.
- A major part of the local park or recreation site has
already been acquired and only a small portion of land is
needed from the development to complete the site. The remaining
portion shall be required by dedication, and a cash contribution
in lieu thereof shall be required.
- Only a portion of the land to be developed is proposed
as the location for a park or school site. That portion
of the land within the subdivision falling within the park
location shall be dedicated as a site as aforesaid, and
a cash contribution in lieu thereof shall be required for
any additional land that would have been required to be
dedicated.
- Density Formula. The estimated population per dwelling
unit based on current and short range projected trends in family
size of new construction is indicated in this Section and shall
be used in calculating the amount of required dedication for
acres of land and any combination of land dedication and cash
contribution unless a written objection is filed thereto by
an owner, subdivider or developer. The estimate is as follows:
Zoning District Population (People per dwelling unit) R 1AA 2.7 R 1A 2.7 R 1B 2.7 R 2 2.5 R 3A 2.5 R 3B 2.73.0R 4 2.7 Any other District permitting dwelling Units (Other) 2.5
This figure can be reviewed on an annual basis and may be adjusted annually to reflect changes in land costs and the costs of improvements based upon the maximum allowable number of dwelling units per lot. For property zoned R 3A and R 3B, and under the Other category above, the estimate shall be based on the maximum allowable number of two bedroom dwelling units per lot.
In the event an owner, subdivider or developer files a written objection to the population estimates listed herein, he shall submit his own demographic study showing the estimated additional population to be generated from the subdivision, and in that event, final determination of the density formula to be used in such calculations shall be made by the Board of Trustees based upon such demographic information submitted by the owner, subdivider or developer and from other sources which may be submitted to the Board of Trustees. It is recognized that population density, age distribution and local conditions change over the years, and the specific formula for the dedication of land, or the payment of fees in lieu thereof, as stated herein, is subject to periodic review and amendment, if necessary.
- Land and Cash Contribution Formula.
- In the event the Town shall require land dedication
pursuant to this Code it shall be in amounts not less than
the following:
Zoning District Land Dedication (square feet per dwelling unit) Land Dedication (square meters per dwelling unit)R 1AA 1,176.12 588.0654.63R 1A 1,176.12 588.0654.63R 1B 1,176.12 588.0654.63R 2 1,089.00 544.5050.58R 3A 1,089.00 544.5050.58R 3B 1,089.00 544.5050.58R 4 1,176.12 588.0654.58Other 1,089.00
It is recognized that local conditions change over the years and the land dedication requirements of this Section are subject to periodic review and amendment, if necessary.
- Cash Contribution. In the event the Town shall
require solely cash in lieu of park and recreation land
dedication, pursuant to this Code, the cash contribution
shall not be less than the amounts in the following table:
Zoning District Cash contribution (per dwelling unit) R 1AA $608.11 $472.50R 1A $608.11 $472.50R 1B $608.11 $472.50R 2 $562.50 $437.50R 3A $562.50 $437.50R 3B $562.50 $437.50R 4 $608.11 $472.50Other $562.50
It is recognized that local conditions change over the years and the cash contribution provided in the foregoing is to be subject to periodic review and amendment, if necessary.
- In the event the Town shall require land dedication
pursuant to this Code it shall be in amounts not less than
the following:
16.6 4 RESERVATION OF ADDITIONAL LAND. Where the Comprehensive Plan or the standards of the Town call for a larger amount of park and recreational land in a particular subdivision than the developer is required to dedicate, the land needed beyond the developer’s contribution shall be reserved for subsequent purchase by the Town, provided that such acquisition is made within one (1) year from the date of the Final Plat which includes the area of the park to be dedicated.
16.6 5 COMBINING WITH ADJOINING DEVELOPMENTS. Where the subdivision is less than forty (40) acres (16 hectares), public open space which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable recreation areas without hardship on a particular developer.
16.6 6 TOPOGRAPHY AND GRADING. Unless otherwise agreed,
the slope, topography and geology of the dedicated site shall
be in conformance with the Town of Normal Manual Practice for the
design of public improvements.as
well as its surroundings must be suitable for its intended purposes.
Grading on sites dedicated for park and recreational uses shall
not differ greatly from surrounding land.
16.6 7 IMPROVED SITES. Unless otherwise agreed, aAll
sites shall be dedicated in a condition in conformance with the
Town of Normal Manual Practice for the design of public improvements.
ready for full service of electrical,
water, sanitary sewer, storm sewer and streets as applicable to
the location of the site, or acceptable provisions made herefore.
Unless otherwise agreed, aAll sites shall be graded and seeded.
