§ 62-202. Criteria for requiring park and recreational land dedication.  


Latest version.
  • (a)

    Requirement and population ratio.

    (1)

    Single-family residence and two-family residence zoned designated property. The number of lots or living units in the case of a multiunit development as defined in this subsection (apartments, condominiums) to be created by the proposed subdivision plat shall bear directly upon the amount of land required for dedication. The total land and/or cash dedication shall be based upon the number of units in the proposed development multiplied by 2.86 persons per living unit; this equaling the number of persons per living unit. The number of persons per living unit multiplied by 0.0052 equals the amount of land required for dedication for that particular development.

    (2)

    R3 and all other multifamily zoned property of greater density than R3. The number of lots or living units in the case of a multiunit development as defined in this subsection (apartments, condominiums) to be created by the proposed subdivision plat shall bear directly upon the amount of land required for dedication. The total land and/or cash dedication shall be based upon the number of units in the proposed development multiplied by 1.86 persons per living unit; this equaling the number of persons per living unit. The number of persons per living unit multiplied by 0.0052 equals the amount of land required for dedication for that particular development.

    (b)

    Credit for private open space and recreation areas. When subdividers or developers develop their own space for recreational areas and facilities, the demand for public facilities is reduced. Depending upon the size of the development, a portion of the park and recreation area in subdivisions may be at the option of the board of trustees provided in the form of private open space in lieu of public sites; but no part of the private open space shall be a part of a water retention area; credit shall be given for land only; not for facilities. Prior to acceptance of this option, the board of trustees shall find as follows:

    (1)

    Open space and area regulations required by existing zoning and planned unit development ordinances shall not be included in the computation of such private open space.

    (2)

    Private ownership and maintenance of the open space shall be adequately provided for by written agreement and approved by the village attorney.

    (3)

    The use of a private open space shall be insured 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 eliminated for the village.

    (4)

    The proposed private open space site shall be reasonably adaptable for park use, taken into consideration such factors as size, shape, topography, geology, drainage, access, and location.

    (5)

    No restriction may be placed on the land which would:

    a.

    Limit the use of the park or facilities to any person because of race, sex, religion, or creed; or

    b.

    Required fees charged to the general public to exceed those charged to the residents of the subdivision.

    (6)

    The land and improvements proposed for dedication must be approved by the board of trustees.

(Code 1974, § 18-76)