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HomeMy WebLinkAbout03-402 SEPTEMBER 9, 2003 FIRST READING SEPTEMBER 23, 2003 03-389 SECOND READING ORDINANCE 03-402 (CARRIED 5-2 LOST LAID OVER WITHDRAWN PURPOSE: AMEND CHAPTER 30 ZONING ORDINANCE/SUBDIVISION REGULATIONS - PARKLAND DEDICATION INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE SUBDIVISION REGULATIONS OF THE ZONING ORDINANCE REGARDING PARKLAND DEDICATION The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Sections 30-70(M), (Q) and (U) of Definitions are hereby repealed and recreated to read as follows: (M) (Q) (U) Land Division: The division of a lot or parcel of land by subdivision plat, condominium instrument, or Certified Survey Map (CSM) for the purpose of transfer of ownership or building development. Plat: A map of a subdivision or condominium complete with all certificates and engineering data, per Chapter 236 and Chapter 703, Wisconsin Statutes. Subdivider: Person or persons requesting review or action on a subdivision, condominium, Certified Survey Map (CSM). SECTION 2. That Section 30-70 Definitions is hereby amended by creating the following definitions and existing paragraphs (D) thru (W) are renumbered (F) thru (Z). (D) (E) (0) Condominium: A property subject to a condominium declaration under Chapter 703, Wisconsin Statutes. Condominium Instrument: The declarations, plats and plans of a condominium together with any attached exhibits and schedules filed for record under Chapter 703, Wisconsin Statutes. Housinq Unit (Dwellinq Unit): A residential unit intended for permanent or seasonal occupancy by a family or individual householder. Group housing units without private kitchens and with group dining facilities are not considered housing units for the purposes of this Chapter. SEPTEMBER 9, 2003 FIRST READING SEPTEMBER 23, 2003 03-389 SECOND READING ORDINANCE CONT'D 03-402 SECTION 3. The first paragraph under Section 30-71 (B) is hereby amended to read as follows: (B) Purpose: The purpose of this Ordinance is to regulate and control the division of land or creation of a condominium within the corporate limits and extraterritorial plat approval jurisdiction of the City of Oshkosh in order to promote the public health, safety, and general welfare of the community. SECTION 4. Section 30-71 (D) is hereby repealed and recreated to read as follows: (D) Plats or Certified Survey Maps (CSM) Outside the Corporate Limits: Before final approval by the City of Oshkosh of any plat or Certified Survey Map located outside the corporate limits of the City, but within the plat approval jurisdiction of the City of Oshkosh, the subdivider shall give evidence that he has complied with all Design Standards and Required Improvements, as stated in Sections 30-72, 30-73, and 30-74(B) and (C) of this Ordinance. SECTION 5. That Sections 30-71 (I) and 30-71 (1)(1) are hereby repealed and recreated to read as follows: ( I) Compliance: No person, firm, or corporation shall divide any land located within the jurisdictional limits of these Regulations which results in a subdivision, condominium development, land division, or replat, as defined herein; no such division, other division, or replat shall be entitled to record, and no streets to be laid out or improvements made to land without compliance with all requirements of this Ordinance, and: (1 ) Provisions of Chapter 236 and Chapter 703, Wisconsin Statutes. SECTION 6. That Section 30-71 (J)(6) in its entirety is hereby repealed and recreated to read as follows: (6) Public Sites and Open Spaces: In order that adequate open space and sites for public uses may be properly located and preserved as the community develops, and in order that the cost of providing the park and recreation sites and facilities necessary to serve the additional families brought into the community by subdivision development may be more equitably apportioned on the basis of the additional need created by the individual subdivision development, the following provisions are established: (a) Reservation of Potential Sites: In the design of a subdivision, condominium development, or land division, consideration shall be given to the adequate provision of and correlation with such public sites or open spaces where it is determined by the City Plan Commission that a portion SEPTEMBER 9, 2003 FIRST READING SEPTEMBER 23, 2003 03-389 SECOND READING 03-402 ORDINANCE CONT'D of the area is required for such public sites or open spaces, the subdivider may be required to reserve such area for a period not to exceed five (5) years, after which an applicable agency shall either acquire the property or release the reservation. (b) Dedication of Sites: Where feasible and compatible with the Comprehensive Plans for development of the community, the subdivider shall dedicate to the public adequate land to provide for the park and recreation needs of the subdivision, condominium or land division. The amount of land to be provided shall be determined on the basis of 1,100 square feet per detached single-family housing unit and 900 square feet per attached multi-family housing unit created by a subdivision plat, condominium plat, or Certified Survey Map. If the number of housing units is not specified on the plat or Certified Survey Map, the maximum allowable density under the City Zoning Ordinance shall be utilized to determine the number of allowable housing units to be used to establish public land dedication requirements. (c) Proportionate Payment in Lieu of Dedication: Where the City, at its sale discretion, determines such dedication is not feasible or compatible with the Comprehensive Plan or other plans of the City, the subdivider shall, in lieu thereof, pay to the City or Town, depending on the location of the plat, a fee equivalent to the value of the required dedication. Such fee shall be determined as follows: (i) For detached single-family housing units a fee of Two Hundred Dollars ($200.00) per residential lot, payable prior to acceptance of the final plat, condominium plat, or Certified Survey Map, and Two Hundred Dollars ($200.00) per dwelling unit, payable prior to issuance of a building permit, with the provision that monies for lot payments made prior to the final plat shall be applied to the total amount due and owing for the cost of each unit; money to be placed in a non-lapsing fund to be used for neighborhood park and recreation area purposes. For attached multi-family housing units a fee of One Hundred Sixty- Five Dollars ($165.00) per allowable housing unit payable prior to acceptance of the final plat, condominium plat, or Certified Survey Map and One Hundred Sixty-Five Dollars ($165.00) per dwelling unit payable prior to issuance of a building permit. Such fee shall be used exclusively for immediate and/or future site acquisition or capital improvement. SEPTEMBER 9, 2003 FIRST READING SEPTEMBER 23, 2003 03-389 SECOND READING 03-402 ORDINANCE CONT'D (ii) No payment shall be required for a lot created by a subdivision, condominium instrument, or Certified Survey Map if such land division does not create or allow additional housing units. (iii) Payment may be in a lump sum or fifty (50) percent at the time of Certified Survey Map, condominium development, or final plat approval, and the balance to be paid within one (1) year; such deferred payment to be guaranteed by surety bond or other satisfactory financial guarantee to the City of Oshkosh or the Town, dependent on its location. (iv) Where a lot or parcel for which payment has once been made is further divided, payment shall be required only for the additional lots or parcels created. (v) The required payment shall be made before the certification of approval may be affixed to the final plan. (d) Determination of Feasibility: The determination as to the feasibility of dedication shall be made by the Plan Commission. SECTION 7. That Section 30-71 (L) is hereby repealed and recreated to read as follows: (L) Land Divisions Outside the Corporate Limits: Before final approval by the City of Oshkosh of any land division or condominium located outside the corporate limits of the City, but within the plat approval jurisdiction of the City of Oshkosh, the subdivider shall give evidence that he has complied with all street and utility improvement requirements of the Town in which the land being platted is located. SECTION 8. This Ordinance shall be in full force and effect from and after its passage and publication.