(a)

Purpose. The purposes of open space dedication and the requirements of this Section are to:

(1)

Preserve land for open space and recreational opportunities, preferably in a natural or semi-natural state, in perpetuity for the enjoyment of residents and visitors;

(2)

Support the creation of a well-connected, non-vehicular transportation system in order to provide choices for bicyclists and pedestrians;

(3)

Serve environmental, scenic, and agricultural purposes, and provide habitat for wildlife; and

(4)

Ensure that dedicated open spaces are located on suitable and unencumbered land that is not leftover, remnant, or otherwise unusable land that was not appropriate for the overall subdivision design.

(b)

Open space dedication required.

(1)

All residential subdivisions shall, as part of the final plat process, dedicate land or an equivalent cash-in-lieu payment for open space for public use. This requirement shall apply to newly platted areas as well as areas that are being replatted. Final determinations as to dedication of land, including location thereof, or acceptance of cash-in-lieu thereof, shall be made by the Board, upon recommendation by the planning commission.

(2)

The provisions of this Section are minimum standards. None of the sections previously set out shall be construed as prohibiting an applicant from dedicating or reserving more land for recreational purposes than required by this Section.

(c)

Open space shown on preliminary plat. Land areas proposed for dedication shall be shown on the preliminary plat for consideration by the Town as part of the review and approval process. Dimensions, location, and topographic features of the proposed open space shall be shown on the plat to permit a thorough review and determination of the flexibility and usability of the property. Prior to approval of a preliminary plat proposing the dedication of open space, the park board shall review and make a recommendation on the acceptance of the proposed dedication.

(d)

Calculation of required open space.

(1)

Public open space. The area of such open space for public use shall be based upon a calculation of the anticipated residential population of the subdivision when fully developed, as follows:

a.

The area/population shall be at the rate of twenty (20) acres of park land per one thousand (1,000) persons.

b.

Such population shall be determined on the basis of three (3) persons per family unit for development on single-family and two-family development, and two (2) persons per family unit in other multiple-family areas.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Private open space option. In some cases, private open space may be provided in a proposed subdivision to meet up to half of this requirement. Such space is to be privately owned and maintained by the future residents of the subdivision and such areas shall be termed as open space reservations. Such reservations of open space shall be subject to the following standards:

(1)

Yards, court areas, setbacks, and other open areas required to be maintained by the Code shall not be included in the computation of such private open space;

(2)

The private ownership and future maintenance of the open space shall be adequately provided for by written agreement;

(3)

The use of the private open space shall be restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract, and which cannot be defeated or eliminated without the consent of the Town;

(4)

The proposed private open space shall be reasonably adaptable for use of park and recreational purposes, taking into consideration such factors as shape, topography, geology, access, and location of the private open space land; and

(5)

The open space reservation will be applied toward meeting no more than one-half of the dedication requirements as calculated in this Section.

(b)

Restrictions. In order to ensure that the Town is protected from future maintenance of such private open space, a copy of the private restrictions is required for future reference by the Town and shall be submitted with the final plat or condominium split application. In cases of condominium units, common elements are as defined in this Chapter, and include common land (as in residential development), and other parts of the condominium property necessary or convenient to its existence, maintenance, and safety, or normally in common use and described or provided for in the declaration.

(Ord. No. 751, § 1, 11-13-2019)

All plats should provide for the dedication of open space at locations designated in the parks and open space element of the comprehensive plan, or any other master plan adopted by the Town. Further, the Town shall review and evaluate proposed dedication based upon the criteria and standards contained in such document. If a proposed dedication does not meet the criteria and standards, it may be rejected.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Form of dedication. The dedication of land for public use shall be conveyed by the applicant in fee absolute title by warranty deed to the Town. Such land shall be free of liens, special assessments, and other encumbrances, and shall have all taxes paid to the year of dedication. The location of boundaries of such land shall be marked with permanent monuments in accordance with this Chapter.

(b)

Payment of cash-in-lieu of such dedication shall be based upon the current fair market value for raw lands within the corporate limits of the Town. The Board of Trustees, following recommendation by the Planning Commission, shall, by resolution, set the per-acre fee for dedicated land. The per-acre fee shall be annually updated by resolution. If this rate is not acceptable to the applicant, the values per acre shall be determined by an appraiser, agreed upon between the applicant and the Town, or, failing such agreement, by a real estate appraiser's commission consisting of one appraiser appointed by the applicant, one appraiser appointed by the Town, and a third appraiser to be appointed by previously appointed appraisers, which decision by a majority shall be controlling. Reasonable compensation of the appraisers shall be paid by the applicant. The amount so determined shall be paid prior to approval of the final plat.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)