5-101. In subdividing land or re-subdividing an existing plat, due consideration shall be given by the subdivider to the preservation of streams, floodplains, and other natural areas; and dedication or reservation of suitable sites for schools, parks, greenway trails, playgrounds, or other public recreational areas or open spaces. In its consideration of any such subdividing or resubdividing the Planning Commission shall make recommendations as to dedications and reservations. Any area so dedicated or reserved shall conform as nearly as possible to the recommendations of the Planning Commission and the Board of Education. All areas to be reserved for, or dedicated to, public use shall be indicated on the Sensitive Areas Designation Plan as required in Article 4, Section 4-902 of these Subdivision Regulations; and shall be indicated on the preliminary plat in order that it may be determined when and in what manner such areas will be dedicated to or acquired.

(5-101 Revised 09-19-18)

5-201. General Requirement. In subdividing or resubdividing land zoned and intended for residential use, the developer shall protect streams and floodplains, as well as other natural areas where practical. The developer also shall dedicate or reserve land for public park purposes, pay a fee in lieu of park land dedication, or a combination of dedication or reservation and a fee. The method chosen to meet this requirement shall be proposed by the developer in accordance with the standards set out in these regulations and the recommendation of the Planning Commission. The Planning Commission shall make the final determination about the dedication method. The Governing Body shall not be obligated to accept a dedication or reservation of land even if the final plat approved by the Planning Commission includes a dedication or reservation.

(5-201 Revised 09-19-18)

5-202. Amount of Dedication. The minimum number of acres of land required to be dedicated or reserved shall be determined as follows, based on the presence of stream corridors and density of development as permitted by the zoning of the property being subdivided. The area required to be dedicated or reserved shall be exclusive of all street rights-of-way.

Percent of Total Land Area Being Subdivided to be Dedicated or Reserved for Park Purposes: CS Countryside – 2%; R-1 Low Density Residential – 5%; R-2 Medium Density Residential – 6%; R- 3 High Density Residential – 8%. Stream corridors and sensitive resources may count toward the required dedication where a greenway trail is provided or planned, or where the developer can show other recreation uses that are compatible with the preservation of streams and sensitive resources may be safely provided. (5-202 Revised 09-19-18)

5-203. Location and Design Standards. Any land dedicated or reserved shall conform with stormwater management and water quality requirements and the comprehensive plan of the City. The location, size and configuration of the land to be dedicated or reserved shall be determined by the presence of stream corridors and floodplains, stream setbacks, design of the streets, lots, and blocks of the subdivision, with consideration given to the preservation of other natural physical features. All lands to be dedicated or reserved shall meet the following standards:

(5-203 Revised 09-19-18)

a.     Streams, floodplains and related natural features shall be preserved in accordance with the City’s stormwater management and post construction water quality requirements, Zoning Regulation Article 19 – Floodplain Management; and Article XX – Stream Setbacks. Other natural resources such as wetlands and wooded areas shall be preserved whenever possible, and as required by other state and federal regulations.

(5-203-a Revised 09-19-18)

b.    Consideration shall be given to placing parks and bicycle/pedestrian trails where they can be added to by future subdivisions. Where active recreational features other than greenway trails are to be provided:

1.    The land shall contain not less than two (2) contiguous acres and be a minimum of two hundred (200) feet at the narrowest dimension. The land shall have at least two hundred (200) feet of street frontage and be easily accessible to residents and to adjacent subdivisions.

2.    At least fifty percent (50%) of the land shall have a grade of less than four percent (4%). The balance may consist of streams, steep slopes, ditches, wetlands, lakes or other natural features.

(5-203-b Revised 09-19-18)

c.     The land shall have at least two hundred (200) feet of street frontage and be easily accessible to residents of adjacent subdivisions. Consideration shall be given to placing parks where they can be added to by future subdivisions.

(5-203-c Revised 09-19-18)

d.    At least fifty percent (50%) of the land shall have a grade of less than four percent (4%). The balance may consist of steep slopes, streams, ditches, lakes or other natural features.

e.     Natural features such as wooded areas, streams, and other natural assets shall be preserved whenever possible.

5-204. Payment in Lieu of Dedication or Reservation. In the event land to be dedicated or reserved for park land and recreation is less than the amount of acreage required or the land does not meet location and design standards, the payment of a fee in lieu of dedication or reservation shall be required. The fee shall be based on the total number of dwelling units permitted within the subdivision times a fee schedule for each dwelling unit type. Said fee schedule shall be as established by ordinance adopted by the Governing Body.

(5-204 Revised 09-19-18)

Any fees collected shall be placed in a neighborhood park and/or greenway trails account and used for improvement of neighborhood parks or greenway trails and trail connections to benefit the development and/or City trail network, including acquisition of land. A record of fees paid into and expended from the fund shall be kept by the City. In the event funds have not been expended on such purposes within fifteen (15) years from the date received the fees shall be refunded in the following manner:

(5-204 Revised 09-19-18)

a.     If paid in full at the time of platting, to the developer.

b.    If paid at the time of the building permit, to the record property owner at the time of the refund.

5-205. Credit for Private Open Space. Private open space for park and recreational purposes within a proposed development may be credited for up to fifty percent (50%) of the requirement for dedication or reservation of public park land or payment of a fee in lieu thereof provided that the following standards are met:

a.     That yards, setbacks and other open areas required by zoning and building regulations shall not be included in computing the area set aside as private open space.

b.    That the private open space shall be reasonably useable for park and recreation purposes.

c.     That the private open space shall be perpetually restricted for park and recreation purposes by recorded plat or restrictive covenant.

d.    That the private open space shall be permanently owned and maintained by the owner of the development or by a legally established homeowners’ association, or through a conservation easement dedication to a legally responsible third-party such as a land trust.

(5-205-d Revised 09-19-18)

5-206. Indication on Preliminary Plat. At the time of the preliminary plat submittal, the developer shall indicate whether a dedication or reservation of land or a fee in lieu of dedication is being proposed. Any land proposed to be dedicated or reserved shall be shown on the preliminary plat.

5-207. Prerequisite for Final Plat Approval. When land is being dedicated it shall be shown on the final plat and marked “Dedicated for Public Park Purposes.” Such dedications shall not be effective until the dedication has been specifically accepted by the Governing Body.

When a fee in lieu of dedication is required, total payment shall be made prior to final plat approval by the Governing Body or, at the option of the developer, payment may be made at the time of issuance of a building permit on each individual lot. In the latter case, the fee shall be in accordance with the fee schedule referenced in section 5-204.

(5-3 Revised 07-19-06)

5-301. Upon receiving the recommendations of the Planning Commission, the Governing Body may:

a.     Accept such dedication.

b.    Accept, in lieu of the dedication of land, a fee equal to seven (7) percent of the fair market value of the subdivided land.

c.     Waive the requirement if the Governing Body finds that there are sufficient schools, parks, playgrounds or other publicly-owned or operated recreational areas or open spaces in the area of the subdivision.

5-302. In cases involving land within the Urban Growth Area, as established by Interlocal Agreement between the City of Ottawa and Franklin County, the term “Governing Body” shall mean the Board of County Commissioners for purposes of the actions which may be taken pursuant to Section 5-301.

(5-302 added 07-19-06)

5-401. Land or fees obtained pursuant to this Article shall only be used to obtain public open space, public recreational land or facilities for public use. The Governing Body shall make appropriate findings as to the relationship between the subdivision from which the fees were obtained and such open space, recreational land or facilities for public use.