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22-81 Ordinance ! .~J'" ",0 . " ~ . II I' II ,I II ;zz- 1', ,/ ORDINANCE NO. I, Ii ,I I' II AN ORDINANCE REPEALING ORDINANCE 80-79 AND II ~mNDING ORDINANCE 08-81 ESTABLISHING FEES I AND PROVIDING OTHER ALTERNATIVES FOR-OPEN I SPACE REQUIREMENTS AND PARK AND RECREATION I FUNDS FOR THE VILLAGE OF DUBLIN. WHEREAS, Ordinance 08-81, as presently enacted, is not I adequate for all situations involving residential construction andl open space, recreation and park facilities of the Village, and \VHEREAS, Ordinance 80-79 has been, in part, repealed by sections of Ordinance 08-81, and WHEREAS, the remaining portion of Ordinance 80-79 should be incorporated within the provisions of Ordinance 08-81 for the sake of convenience and uniformity, - NOW THEREFORE BE IT ORDAINED by the Council of the Village, t b members concurring: Section 1. That Ordinance Number 80-79 be and the same hereby is repealed in its entirety. Section 2. That Ordinance Number 08-81 be and the same is hereby amende so that as amended the same shall read as follows: A. LAND DEDICATION The basic land dedication requirement shall be that 2% of the total gross site area plus .03 acre per dwelling unit proposed shall be set aside as open space except that in no case shall the open space requirement exceed 25% of total gross site area. Such area shall constitu e ground suitable for public parks and playground faci1it' es I as reviewed and approved by the Planning and Zoning Commission, upon the recommendation of the Parks and Recreation Committee and the Forestry Commission. B. PROVISIONS OF PRIVATE RECREATION FACILITIES If the resulting land dedication is determined to be of insufficient size or inappropriately located, or if public ownership and operation of such recreational are ~ ,I I .~ , . . J< ~ . , ... ~ . ORDINANCE NO. Z2 - ~I . Page Two is not feasible, the Village may request that an applicant plan for the provision of privately financed I and owned recreational facilities. Such private park areas shall be not less than 65% of the land area other- wise required under LAND DEDICATION, provided that such park areas shall be privately developed for recreational uses. The applicant shall be required to indicate: (a) The proposed size and location of the park area (b) The proposed recreational facilities and site improvements to be made. (c) A schedule indicating how actual construction of the proposed park and improvements are to be .phased in relationship to overall proj ect phasing. (d) How both ownership and maintenance of such park areas is to be undertaken. C. PARK FEE Should both previous options be deemed inappropriate o~ I infeasible, the Village may request an applicant to pay a park fee in lieu of LAND DEDICATION. Such fee shall be determined by using the following formula: . E.G. (a) total s~te gross acreage 100 (b) required land donation: (a) x .02 2 (c) total number of dwelling units 300 (d) required land donation (c) x .03 9 (e) total land donation (b) + (d) 11 (f) 1981 Est. Avg. value of land per acre (to be established by Village) $ 8,000.00 J (g) value of land donation (f) x (e) $88,000.00 (h) per unit park fee: (g) ~ (c) $ dl9j., B-1 D. RESIDENTIAL DWELLING UNITS WHICH ARE NOT CONSTRUCTED AS PART OF A PLANNED UNIT DEVELOPMENT OR SUBDIVISION In those instances where residential dwelling unit(s) J are constructed not as a part of a subdivision or planned unit development, each such residential dwelling unit shall pay such fee as determined by the park fee formula in Section C, above, except that in no event shall such calculated fee exceed $ r:l7S": () 0 per each residential dwelling unit, regardless of total acreage involved. , ( .j . 10 . . r~ .. ",.. ~ . ! ORDINANCE NO. J ,2- ~ / Page Three E. USE OF FEE , All such fees shall be used for the acquisition, development, maintenance and operation of publicly owned recreation sites and facilities including, but not limited to, park sites, area recreational facilities and community recreation centers within the Village of Dublin, Ohio. F. DEPOSIT OF FEES All fee money collected under this Ordinance shall be placed in a separate fund to be entitled Recreation Fee Fund. G. PROHIBITION (1) No certificate of Zoning Compliance for the construction of a residence shall be issued unless and until the fee provided for in this section is paid. I (2) No person, firm or corporation shall receive or be entitled to receive the Certificate of Zoning Compliance for the construction of a residence structure unless and until the fee provided for in this section is paid on each such Certificate of Zoning Compliance issued. (3) Nothing contained in this section shall relieve or be interpreted as relieving any person, firm or corporation from complying with all other ordinance , laws, rules, regulations of the Village or of any other governmental agency where they are now in force or hereafter enacted, regulating and govern- ingthe issuance of building permits for the con- struction of residence structures in the Village. H. EFFECTIVE PERIOD The fee imposed by this Ordinance shall be levied, I collected and paid concurrently with all Certificate of Zoning Compliance applications for residential property on and after f J'.lI1~ ~ /99/ . S ec ti.on. 3. This Ordinance shall take effect and be in force from and after the earliest period permitted by law. ., v . . f: '. ,j ORDINANCE NO. -Z2-Y/ Page Four Passed this ~ day of >1I17Y , 1981. I t(J~ X~~ MAYOa ATTEST: ~m..~ C er 0 ounci1 ! i I Ii Ii II II II II Ii I' :;1 Iii I ! II ii! !I Ii I :1 II I I I I I I I