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PCR2009054 RESOLUTION #P.C. 054-2009 RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTER 18 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Section 18.21 and 18.46) WHEREAS, Chapter 18 regulates land division regulations within the City of Muskego and a portion of the ordinance requires modification, and WHEREAS, The existing ordinance had text making a developer “reserve” conservation or park lands, for future purchase solely to the City, when a developer is dividing land for a subdivision, and WHEREAS, This type of text isn’t valid unless the City is giving full compensation per agreement or funds at the time of the platting of a subdivision, thus the text needs to be removed per the City Attorney, and WHEREAS, A public hearing took place to consider the amendments on August 18, 2009 in which no one spoke. THEREFORE BE IT RESOLVED, That the Plan Commission recommends the attached changes to Chapter 18 of the Municipal Code relating to open space reservation to the Common Council. Plan Commission City of Muskego Adopted: September 1, 2009 Defeated: Deferred: Introduced: September 1, 2009 ATTEST: Kellie McMullen, Recording Secretary Attachment I Chapter 18, Section 18.21 (2): (2) SCHOOLS, PARKS, ENVIRONMENTAL CORRIDORS AND OTHER OPEN SPACES. Whenever a tract of land to be divided within the City encompasses all or part of a school site, park site, environmental corridor or other open space, other than streets, highways, drainageways, other public ways or public access to navigable lakes or streams which has been designated on an adopted regional, County or City comprehensive plan or adopted comprehensive plan component of the City, such school site, park site, environmental corridor or other open space shall be made a part of the plat or certified survey map and dedicated or reserved by the Subdivider in the locations and dimensions indicated on such plan and in accordance with the procedures in 18.46 of this chapter. Chapter 18, Section 18.21 (3), of the Municipal Code of the City of Muskego is hereby deleted. Chapter 18, Section 18.21 (4) is hereby renumbered as18.21 (3) and amended to read as follows: (43) FLOODLANDS AND SHORELANDS. Whenever floodlands and shorelands are contained in a tract of land proposed to be divided into lots, building sites or parcels of less than 5 acres in area, all floodlands and those shorelands designated for park, recreation, environmental corridor or other open space land use in a comprehensive plan or a component of such a comprehensive plan prepared by State, regional, county or municipal agencies and adopted or acknowledged by the City and lying within the below specified distances from the high water elevation shall, at the discretion of the Common Council following recommendation by the Plan Commission, be dedicated to the public by the Subdivider. In lieu of dedication, all such designated floodlands and shorelands shall be reserved by the Subdivider for a period not to exceed 10 years, unless extended by mutual agreement, for acquisition by the State, county or local unit of government at fair market value at the time of the filing of the final plat or shall be reserved for the recreational use of the future residents of the land to be divided, with stream or lake bank maintenance easements given to the unit of government which has jurisdiction. The lot area should generally not include such shorelands and floodlands. Chapter 18, Section 18.21 (5), of the Municipal Code of the City of Muskego is hereby renumbered as 18.21 (4). Chapter 18, Section 18.46 (2), of the Municipal Code of the City of Muskego is hereby amended to read as follows: (2) (Ord. #1276 – 5-22-2008) 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 fee or, where no open space lands are directly involved, pay a 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 Option. 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 Option. 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 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.. (cb) Park Fee Option. 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, park dedication fees shall be imposed. (1) A 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 parks, the City trail system, and the preserving of the City’s agricultural, natural and cultural resources within the City’s park system. The amount of the 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. Such fees collected by the City Treasurer under the provisions of this section shall be placed in two separate nonlapsing special funds for passive and active park improvement purposes. The funds shall be separated as established by resolution of Common Council. The funds shall be separate from the City general fund and such special funds shall be used exclusively for 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.