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058-86 Ordinance RECORD OF ORDINANCES 169 National Graphics Corp., Cols., O. ~ Form No. 2806.A Ordinance NO.____58-~-86-_____m_ P assed___ __ U~____ ______ __ __ m___~_______ ____________19 _____. __ REQUIREMENT THAT LAND BE DEDICATED TO THE VILLAGE OF DUBLIN IN ANY NEW RESIDENTIAL SUBDIVISION WHICH CONTAINS RESIDENTIAL LIVING UNITS, OR THAT A FEE BE PAID IN LIEU THEREOF. Purpose To amend by addition Section 1103.01 of Chapter 1103 of Title One, Part Eleven of the Codified Ordinances, and to enact Section 1109.02.1 of Chapter 1109 of Title One, Part Eleven of the Codified Ordinances of the Vi llage of Dublin. Legislative Needs for Additional Village Recreational Facilities: WHEREAS, the Village of Dublin has increased in population, and so continues to increase, at a rate that is one of the highest in the midwestern United States; and WHEREAS, this rapid population growth is directly attributable to the subdivision of large tracts of land within the Village into residential subdivisions, planned unit developments, condominium projects, apartment complexes and single family homes, to the benefit and advantage of the subdividers and developers who realize much greater profits from the sale of the individual lots and the lease of individual units in the Vi llage Dublin than could be obtained from the sale or lease of the undivided tracts, within or outside of the Village of Dublin; and WHEREAS, subdivisions and planned unit developments are privileges which are granted by this Village on the approval of plats and the approval of building permits; and WHEREAS, this recent development has simply outpaced the ability of this Vi llage to raise and otherwise provide for the capital resources necessary to create adequate parks, recreational facilities, open spaces, and other essential public facilities, the present existence of which has, in part, made the subdivisions and developments more attractive to prospective buyers and more profitable to the developers; and WHEREAS, the current development fees and land dedications found in Sections 1109.01 and 1109.02 of the Ordinances of the Village of Dublin, are now inadequate to provide for all types of essential public facilities referred to herein, and inadequate to insure that new development fund its equal share of the capital costs directly related to and caused by, that new development. It is the finding of the Dublin Village Council that there is a pressing and critical need for this Village to 1) Increase the present amount of land or fees in lieu of dedicated land, required to be set aside by each such subdivider or developer of larger tracts of land into residential homes or units, in order to equalize the burden placed upon existing residents to fund the capital expenditures made necessary by the new development, and 2) Cooperate with the Board of Education of the Dublin Local School District in developing parks, recreational facilities, open spaces, and other related facilities referred to in Section 755.16, Revised Code, for the joint operation of such facilities in accordance with agreements which may be entered into between them, and that Section 1109.02.1 of the Municipal Ordinances of the Village of Dublin is enacted for this purpose. - RECORD OF ORDINANCES 1 7 1 National Graphics Corp.. Cols.. O. ~ Form No. 2806-A Ordinance N 0 ._____~_~~_~_~________n P assed___________n _______________n_______________ ____19______ Page Two INTRODUCTION It is hereby proposed by ordinance that the following language be added to the language of the Codified Ordinances of the Village of Dublin, Part Eleven, the Planning and Zoning Code, Title One, Sections 1103.01 and Section 1109.02.1: A. The following hereinafter upon due adoption by Council to be known as Section 1103.01(c): 1103.01 CONSULTATION (c) Before preparing and submitting a preliminary plat for a residential subdivision or subdivision which contains residential living units, to the Planning and Zoning Commission, the subdivider shall also give notice to the Board of Education of the Dublin Local School District of the proposed subdivision, providing in such notice the proposed location of the subdivision, and a copy of the plat in sketch form, to ascertain the Board's desires as to the location of school sites within the subdivision. The Board of Education may communicate its desires to the Planning and Zoning Commission within 60 days after receipt of the proposed plat notice described above in order to reduce the likelihood of duplication of facilities. B. The following hereinafter upon due adoption by Council to be known as Section 1109.02.1: 1109.02.1 Land Dedication for Municipality's Portion of Recreational Facilities. (a) LAND DEDICATION. In addition to the land dedicated for parks and playground facilities under Section 1109.02, for a residential subdivision, planned unit development or a subdivision containing residential living units, an amount of land equal to .025 acres per residential or dwelling unit proposed, sha 11 be dedicated as a site for the purpose set forth in division (b) herein, except that in no case sha 11 the said site exceed twenty-five percent ( 2 5/~) of the total gross site area. (b) USE OF LAND. The municipality shall use property acquired hereunder for parks, playgrounds, gymnasiums, swimming pools, indoor recreation centers, or other public purpose. Such property may be used in connection with a school building or school premises operated by the Board of Education of the Dublin Local School District, and wi 11 be dedicated on a case by case basis. Nothing in this section shall prevent any such parks and recreational facilities from being jointly acquired, operated and maintained by the Village of Dublin and the Board of Education of the Dublin Local Schools, if both parties so agree. (c) FACILITY SITE FEE. If the resulting land dedication for a recreation site is determined to be of insufficient size, inappropriately located, or for any other reason the Village of Dublin determines it does not need such land, the applicant shall pay a recreation site fee in lieu of a land dedication under this section. The fee sha 11 be used for the purpose set forth in division (d) of this section. RECORD OF ORDINANCES 1 93 National Graphics Corp., Cols., O. ..,. Form No. 2806-A Ordinance No .m____~_8_-::_~_6_______ p assednm______mm_m______________m_ __________19 mn _ Page Three (d) RESIDENTIAL DWELLING UNITS WHICH ARE NOT CONSTRUED AS PART OF A PLANNED UNIT DEVELOPMENT OR SUBDIVISION. In those instances where residential dwelling units are constructed not as part of a subdivision or planned unit development, the fee for each such dwelling unit shall be one-half percent (~%) of the total land and building costs of the residential or dwelling unit with a minimum fee of three hundred fifty dollars ($350.00) and a maximum fee of one thousand dollars ($1,000.00) per residential or dwelling unit, regardless of total acreage involved, under the terms described in (c) above. (e) USE OF FEE. All fees required to be paid by this section shall be paid to the municipality to be held in a fund created hereby. Such fees shall be used exclusively for the acquisition, development, construction, reconstruction, enlargement, improvement, maintenance and operation of public recreation facilities or sites, within the territorial limits of the Village of Dublin, by and for said municipality as set forth in division (b) of this section. The municipality shall expend additional funds for park and recreational purposes, from its general fund or other funds, in addition to the land dedications or in lieu of fees acquired under this section and section 1198.02. (f) PROHIBITION. (1) No building permit for the construction of a residence or other dwelling unit shall be issued unless and until the fee provided for in this section is paid. (2) No person, firm or corporation shall receive or be entitled to receive the building permit for the construction of a residence structure unless and until the fee provided for in this section is paid on each building permit. (3) Nothing contained in this section shall relieve or be interpreted as relieving any person, firm or corporation from complying with all other ordinances, laws, rules, regulations of the municipalit) or of any other governmental agency where they are now in force or hereinafter enacted, regulating and governing the issuance of building permits for the construction of residence structures in the municipality. (g) EFFECTIVE PERIOD. The fee imposed and land required to be set aside by this section shall be set aside, levied, collected and paid concurrently with all certificate of zoning compliance applications for residential property on and after 7 , 1986. Passed this 20th day of October , 1986. ~~ ffI~ Mayor - Presiding Officer I hereby certify that copies of this Ordinance/Resollltioh were. posted in the Village of Dublin in accC;CJi1C2 wjt~ /l . . SectIOn 731.25 of the Ohio RevisedC:Jr':. -J/(-I2~f~-? V~ ~ ~ LV;; '-/::4' / Clerk of Council ---Z~ /L--/7/-0 /1 L/ ~<...-.~../ Clerk of Council See attached amendments #1 and #2 passed by the Dublin Village Council on Monday, October 20, 1986. . . . The following amendments were passed by the Dublin Village Council on Monday, October 20, 1986; said amendments to be added to Ordinance No. 58-86. Amendment #1 Under no condition is any land obtained hereunder and used jointly with any school district to be used for the erection of an educational building, storage site, bus terminal, administration facility or other such use. Mr. Rozanski moved to approve amendment #1. Ms. Maurer seconded the motion. The vote was as follows: Mayor Close, yes; Mr. Jankowski, yes; Mr. Amorose, yes; Ms. Maurer, yes; Mr. Sutphen, yes; Mr. Rozanski, yes; Mr. Thornton, no. Amendment #2 All funds received hereunder shall be set aside for the purpose of acqui- sition of additional parks and/or recreational land. Upon ordinance passed by Council, at any time that Council so determines it appropriate, said fund may be used instead for parks development/maintenance. Mr. Rozanski moved to approve amendment #2. Mr. Amorose seconded the motion. The vote was unanimous in favor of the motion.