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PCR2008038 ./PCR2008038_files/filelist.xml RESOLUTION #PC 038-2008 Print 86 6 pt 6 pt 0 RESOLUTION #P.C. 028038-2008 RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTER 18 OF THE MUNICIPAL CODE RELATING TO DEDICATION FEES WHEREAS, Chapter 18 regulates land division regulations within the City of Muskego, and WHEREAS, The City of Muskego has required various dedication fees when land divisions occurred to offset the costs and impacts the development of land has in regards to the City’s passive and active recreation areas, and WHEREAS, The previous dedication fees the City of Muskego had instituted in the Chapter 18 Land Division Ordinance were removed due to past State Legislation, and WHEREAS, The State of Wisconsin has re-approved the use of dedication fees via the enactment of 2007 Wisconsin Act 44, and WHEREAS, New language is required for the implementation of dedication fees as attached to this resolution, and WHEREAS, A public hearing is scheduled to consider the amendments on April 22, 2008. THEREFORE BE IT RESOLVED, That the Plan Commission recommends the attached changes to Chapter 18 of the Municipal Code relating to dedication fees to the Common Council. Plan Commission City of Muskego Adopted: May 6, 2008 Defeated: Deferred: Introduced: May 6, 2008 ATTEST: Kellie Renk, Recording Secretary Attachment #1: Chapter Amendments SECTION 1: Chapter 18, Section 18.21 (5), of the Municipal Code of the City of Muskego is hereby amended to read as follows: (5) PROPORTIONATE PAYMENT IN LIEU OF DEDICATION [if supportFields]> XE "PROPORTIONATE PAYMENT IN LIEU OF DEDICATION" <![endif] [if supportFields]><![endif]. (Ord. #1166 - 06-03-2004, shall apply to land divisions formally submitted by Certified Survey Map or Preliminary Plat on or before June 13, 2006) (a) Payment in Lieu of Park Dedication (active and passive) 1) If the Common Council has determined that such dedication is not feasible or compatible with development of the community, the developer shall in lieu thereof pay to the City at the time of application a fee, as from time to time established by resolution of Common Council, to defray the impact the additional development and residences will place have on the City park’s, system and the preserving of the City’s agricultural, natural and cultural resources within the City’s park system. 2) Such fees shall be placed in a two nonlapsing funds (One for active recreational park system uses and one for passive recreational uses) and shall be used exclusively for the funding the acquisition or initial improvement of land for public parks as per 2007 Wisconsin Act 44. The improvement of land for public parks means grading, landscaping, installation of utilities, construction of sidewalks, installation of playground equipment, and construction or installation of restroom facilities on land intended for public park purposes immediate or future site acquisitions or for capital improvements of parks and recreational areas. The City of Muskego Parks and Conservation Plan distinguishes land for public park purposes as active (parks) and passive (conservation). Such fees shall be applied to residential development on the basis of total number of newly created residential dwelling units, or newly created lots, and per acre of developable land. Such fees shall apply to units/lots/acres of developable land created by subdivision platting, condominium platting, certified survey map or planned unit development. (b) Payment in Lieu of Conservation Open Space Acquisition Dedication 1) If the Common Council has determined that such dedication is not feasible or compatible with development of the community, the developer shall in lieu thereof pay to the City at the time of application a fee, as from time to time established by resolution of Common Council, to defray the impact that additional development will have on preserving the City’s agricultural, natural and cultural resources. 2) Such fees shall be placed in a nonlapsing fund and shall be used exclusively for immediate or future conservation open space site acquisitions. Such fees shall be applied to residential and non-residential development on the basis of total planned developed land. Such fees shall apply to planned development created by subdivision, certified survey map or planned unit development. (c) Payment in Lieu of Conservation Trail Dedication 1) If the Common Council has determined that such dedication is not feasible or compatible with development of the community, the developer shall in lieu thereof pay to the City at the time of application a fee, as from time to time established by resolution of Common Council, to defray the impact that additional residences will place on the Conservation Trail system. 2) Such fees shall be placed in a nonlapsing fund and shall be used exclusively for immediate or future construction of the conservation trail. Such fees shall be applied to residential development on the basis of total number of residential dwelling units. Such fees shall apply to units created by subdivision, certified survey map or planned unit development. (d) Where the development results in the creation of not more than one additional unit or parcel of land, payment shall be required only for the additional unit. (e) If the parent parcel on a Certified Survey Map, with an existing dwelling upon it, remains unchanged (meaning no construction or grading), the parent parcel will not be assessed the per acre dedication fee until the time of further division (Note; Parent parcel would be one of the new parcels created by a land division that has an original residence upon it). (e f) Payment shall be in a lump sum and shall be paid before the City will the City signatures on the final plat, final condominium plat, certified survey map, or planned development and before the City allows the recording of the documents stated at the time of final approval of plat or certified survey map. (f g) Where a lot or parcel for which payment has once been made is further divided, payment shall be required for the additional lots or parcels created. (g h) For the purpose of this ordinance, the definition of non-developable land for the per acre dedication fee shall constitute wetlands and/or preservation/conservation easement areas and shall not be charged the per acre dedication fee. The required payment shall be made before the certification of approval may be affixed to the final plat, certified survey map or planned development. (i) The Park Board and Conservation Commission will be the governing bodies for determinations of dedication fee “in lieu of” situations, where a developer may make land dedications in return for not having to pay dedication fees. SECTION 2: Chapter 18, Section 18.46 (2) of the Municipal Code of the City of Muskego is hereby amended to read as follows: (2) Accordingly, each Subdivider of land in the City shall, at the discretion and direction of the Plan Commission, either dedicate open space lands designated on the City comprehensive plan or plan component or reserve such open space lands and pay a public site fee or, where no open space lands are directly involved, pay a public site fee. The Plan Commission shall, at the time of reviewing the preliminary plat, condominium plat, or certified survey map, select one of the following options and record its selection in the minutes of the meeting at which the preliminary plat, condominium plat, or certified survey map is presented for approval (Determinations, at the Plan Commission’s discretion, may be made by the City’s Park Board and/or Conservation Commission when applicable): (a) Dedication of Site Option. [if supportFields]> XE "Dedication of Site Option." <![endif] [if supportFields]><![endif] Whenever a proposed playground, park or other public open space land designated on the City's comprehensive plan, neighborhood unit development plan or other comprehensive plan component is encompassed, all or in part, within a tract of land to be subdivided by plat or certified survey map, the public lands shall be made a part of the plat and be dedicated to the public by the Subdivider at the rate of 5% of the total net area of the subdivision for schools and 5% of the total net area for parks and 9.7% of the total net area for open space conservation and any such proposed public lands in excess of the rate established herein shall be reserved for a period not to exceed 3 years, unless extended by mutual agreement, for purchase by the public agency having jurisdiction at undeveloped land prices. If lands in excess of the established rate are not acquired within the 3-year period, they will be released from dedication to the owner. (b) Reservation of Site Option [if supportFields]> XE "Reservation of Site Option" <![endif] [if supportFields]><![endif]. Whenever a proposed playground, park or other public open space land designated on the City's comprehensive plan, neighborhood unit development plan or other comprehensive plan component is encompassed, all or in part, within a tract of land to be subdivided by plat or certified survey map, the proposed public open space lands shall be made a part of the plat or certified survey map and reserved at the time of final plat or certified survey map approval for a period not to exceed 3 years, unless extended by mutual agreement, for acquisition at undeveloped land prices by the public agency having jurisdiction and the Subdivider shall pay a public site fee at the time of the signing and recording of a certified survey map, or final plat of the subdivision, or part thereof at the rate and according to the procedures in par. (c) below. Land not acquired within the 3-year time period will be released to the owner. (c) Public Park Site Fee Option (Pertains to land divisions formally submitted by Certified Survey Map or Preliminary Plat on or before June 13, 2006) [if supportFields]>xe "Public Site Fee Option"<![endif] [if supportFields]><![endif]. If the proposed land division does not encompass a proposed public park, parkway, open space conservation site or other open space lands or if the City Plan Commission requires the reservation of land under par. (b) above conservation, conservation recreational trail and park dedication fees shall be imposed. (1) A conservation park dedication fee shall be imposed on both residential and nonresidential properties and shall be paid to the City Treasurer at the time of the signing and recording of a certified survey map, final condominium plat, or final plat of the subdivision, or part thereof in an amount as from time to time established by resolution of the Common Council to defray the impact the additional development and residences will have on City park’s, the City trail system, and the preserving of the City’s agricultural, natural and cultural resources within the City’s park system. the cost of preserving the City’s agricultural, natural and cultural resources. The amount of the conservation fee shall be set by resolution, from year to year and shall be applied on the basis of the total number of newly created residential dwelling units, newly created lots, and per acre of developable land. total acreage of developed land for the acquisition of open space conservation sites throughout the City. Such fees collected by the City Treasurer under the provisions of this section shall be placed in a two separate nonlapsing special funds for passive and active park improvement purposes. The funds shall be separated as established by resolution of Common Council open space conservation and The funds shall be separate from the City general fund and such special funds shall be used exclusively for the funding the acquisition or initial improvement of land for public parks as per WI State Statute. The improvement of land for public parks means grading, landscaping, installation of utilities, construction of sidewalks, installation of playground equipment, and construction or installation of restroom facilities on land intended for public park purposes acquisition of open space conservation areas within the City. (2) A conservation recreational trail fee shall be imposed on residential dwelling units and shall be paid to the City Treasurer at the time of the signing and recording of a certified survey map, or final plat of the subdivision, or part thereof in an amount as from time to time established by resolution of the Common Council to defray the cost of construction recreational trails within environmental and open space conservation corridors. The amount of the conservation recreational trail fee shall be set by resolution, from year to year and shall be applied on the basis of the total number of residential dwelling units in the development. Such fees collected by the City Treasurer under the provisions of this section shall be placed in a nonlapsing special fund for open space conservation and shall be separate from the City general fund and such special fund shall be used exclusively for the construction of conservation recreational trails within the City. (3) A park dedication fee for the acquisition of public sites to serve the future inhabitants of the proposed subdivision shall be paid to the City Treasurer at the time of the signing and recording of a certified survey map, or final plat of the subdivision, or part thereof in an amount as from time to time established by resolution of the Common Council to defray the impact that the additional residence will place on the park system for each proposed dwelling unit within the plat or certified survey map. The amount of the park dedication fee shall be set by resolution, from year to year and shall on the basis of residential dwelling units for the construction of park and recreational facilities needed to serve new development. Park dedication fees collected by the City Treasurer under the provisions of this section shall be placed in a nonlapsing special fund for City parks and shall be separate from the City general fund and such special fund shall be used exclusively for the acquisition and development of park and recreation and areas within the City.