All subdivisions of property with a residential
use shall be designed so that park and recreational areas are provided
in the manner and to the extent prescribed by this article, so as
to accommodate the open space and recreational needs of those persons
living within the confines of the subdivision.
As a condition of approval of a final plat of
a subdivision, each owner, subdivider or developer of property with
a residential use shall be required to dedicate land for park and
recreational purposes, to serve the immediate and future needs of
the residents of the development, or to contribute cash in lieu of
said actual land dedication, or to make a combination of cash contribution
and land dedication at the election of the City in accordance with
the following criteria and formula:
A.
Requirement and population table. The ultimate density of a proposed development bears directly on the amount of land required for park purposes. The total requirement shall be five acres (two hectares) of land per 1,000 of ultimate population. Projected population is based upon the maximum number of dwelling units per acre (hectare) permitted in the respective zoning district and the projected number of occupants per unit. See § 195-39C and D.
B.
Location. The City of Lexington Comprehensive Plan
and Official Map as adopted by the City Council shall be used as a
guideline in locating sites. A central location which will serve equally
the entire development is most desirable. In large developments, these
sites can be located throughout the development according to accepted
standards for park area distances. A portion of retention and detention
facilities included within a proposed preliminary subdivision plan
may be considered by the City to satisfy some, but not more than 50%,
of the land dedication requirements contained herein at the recommendation
of City staff.
C.
Cash contribution alternatives. In the event the City should determine that a cash contribution shall be made by the owner, subdivider or developer in lieu of land dedication, the City shall apply the population ratio of 0.5 acre (0.2 hectare) of land for 100 ultimate population within the development or area to be subdivided times the fair market value as established in § 195-39 of this chapter.
When the amount of land the owner, subdivider
or developer would otherwise be required to dedicate for park purposes
is calculated to be less than five acres (two hectares) in size with
a minimum 300 feet (100 meters) of frontage on a public street, the
City may determine that the available land is inappropriate for park
and recreational purposes, and the owner, subdivider or developer
may be required to pay a cash contribution in lieu of the land dedication
or a combination of land and cash in lieu of land, at the election
of the City. The cash contribution in lieu of park and recreation
land dedication shall be held in trust by the City or other public
body designated by the City, solely for the acquisition and development
of park and recreation land as hereinbefore classified, which may
be available to serve the immediate or future needs of the residents
of that subdivision or development or for the improvement of other
existing local park and recreational land which already serves such
areas.
A.
Fair market value. The cash contribution in lieu of
land shall be based on the fair market value of the acres of land
in the area improved as specified herein, that otherwise would have
been dedicated as park and recreational sites. It has been determined
that the present fair market value as of the adoption date of the
revised code of such improved land in the planning jurisdiction of
the City is $35,000 per acre ($87,500 per hectare), and such figure
shall be used in making any calculation herein unless the subdivider
or developer files a written objection thereto. In the event of such
objection, the developer shall submit an appraisal showing the fair
market value of such improved land in the area of his development
or other evidence thereof, and final determination of said fair market
value per acre of such improved land shall be made by the City Council
based upon such information submitted by the subdivider or developer
and from other sources which may be submitted to the City Council.
B.
Criteria for requiring dedication and a fee. There
will be situations in subdivisions when a combination of land dedication
and a contribution in lieu of land are both necessary. These occasions
will arise when:
(1)
Only a portion of the land to be developed is proposed
as the location for a park or school site. That portion of the land
within the subdivision falling within the park location shall be dedicated
as a site as aforesaid, and a cash contribution in lieu thereof shall
be required for any additional land that would have been required
to be dedicated.
(2)
A major part of the local park or recreation site
has already been acquired and only a small portion of land is needed
from the development to complete the site. The remaining portion shall
be required by dedication, and a cash contribution in lieu thereof
shall be required.
C.
Density formula. The estimated population per dwelling
unit based on current and short-range projected trends in family size
of new construction is indicated in this section and shall be used
in calculating the amount of required dedication for acres of land
and any combination of land dedication and cash contribution unless
a written objection is filed thereto by an owner, subdivider or developer.
The estimate is as follows:
|
Zoning District
|
Population
(people per dwelling unit)
| |
|---|---|---|
|
R-1
|
2.7
|
(1)
This figure can be reviewed on an annual basis and
may be adjusted annually to reflect changes in land costs and the
costs of improvements based upon the maximum allowable number of dwelling
units per lot.
(2)
In the event an owner, subdivider or developer files
a written objection to the population estimates listed herein, he/she
shall submit his own demographic study showing the estimated additional
population to be generated from the subdivision, and in that event,
final determination of the density formula to be used in such calculations
shall be made by the City Council based upon such demographic information
submitted by the owner, subdivider or developer and from other sources
which may be submitted to the City Council. It is recognized that
population density, age distribution and local conditions change over
the years, and the specific formula for the dedication of land, or
the payment of fees in lieu thereof, as stated herein, is subject
to periodic review and amendment, if necessary.
D.
Land and cash contribution formula.
(1)
Land contribution.
(a)
In the event the City shall require land dedication
pursuant to this chapter it shall be in amounts not less than the
following:
|
Dedication Land
(per dwelling unit)
| |||
|---|---|---|---|
|
Dedication Land Zoning District
|
(square feet)
|
(square meters)
| |
|
R-1
|
588.06
|
54.63
| |
(b)
It is recognized that local conditions change
over the years and the land dedication requirements of this section
are subject to periodic review and amendment, if necessary.
(2)
Cash contribution.
(a)
In the event the City shall require solely cash
in lieu of park and recreation land dedication, pursuant to this chapter,
the cash contribution shall not be less than the amounts in the following
table:
|
Zoning District
|
Cash contribution
(per dwelling unit)
| |
|---|---|---|
|
R-1
|
$472.50
|
(b)
It is recognized that local conditions change
over the years and the cash contribution provided in the foregoing
is to be subject to periodic review and amendment, if necessary.
Where the City of Lexington Comprehensive Plan
or the standards of the City call for a larger amount of park and
recreational land in a particular subdivision than the developer is
required to dedicate, the land needed beyond the developer's contribution
shall be reserved for subsequent purchase by the City, provided that
such acquisition is made within one year from the date of the final
plat which includes the area of the park to be dedicated.
Where the subdivision is less than 40 acres
(16 hectares), public open space which is to be dedicated should,
where possible, be combined with dedications from adjoining developments
in order to produce usable recreation areas without hardship on a
particular developer.
The slope, topography and geology of the dedicated
site as well as its surroundings must be suitable for its intended
purposes. Grading on sites dedicated for park and recreational uses
shall not differ greatly from surrounding land.
All sites shall be dedicated in a condition
ready for full service of electrical, water, sanitary sewer, storm
sewer and streets as applicable to the location of the site, or acceptable
provisions made therefor. All sites shall be graded and seeded.
A.
General.
(1)
Where it is the policy of the impacted school district
to request developers of new residential developments to dedicate
land or make cash contributions to the district in lieu of dedicating
land for new schools, the following provisions shall apply.
(2)
Fees and/or land dedications from developers of residential
developments under the jurisdiction of the City shall be in accordance
with this section.
B.
Provisions.
(1)
Dedication of school sites or payment of fees in lieu
of dedication. As a condition of approval of a final plat of subdivision
or final development plan of a planned unit development, each subdivider
or developer shall be required to dedicate land for school sites,
to serve the immediate and future needs of the residents of the development,
or cash contribution in lieu of actual land dedication, or a combination
of both, as determined by the City of Lexington and the impacted school
district, in accordance with the following criteria and formula.
(2)
Criteria for requiring school site dedication.
(a)
Requirement and population ratio. The ultimate
number of students to be generated by a subdivision or planned unit
development shall bear directly upon the amount of land required to
be dedicated for school sites. The land dedication requirement shall
be determined by obtaining the ratio of: (1) estimated children to
be served in each such school classification over the (2) maximum
recommended number of students to be served in each school classification
as stated herein, and then applying such ratio to the (3) minimum
recommended number of acres for a school site of each such school
classification as stated herein. The product thereof shall be the
area of land deemed necessary to have sufficient land for school sites
to serve the estimated increased children in each such school classification.
(b)
School classifications and size of school site.
School classifications and size of school sites within the City shall
be determined in accordance with the following criteria:
|
Minimum Site Size
| ||||
|---|---|---|---|---|
|
School Classification
|
Maximum Number of Students
|
(acres)
|
(hectares)
| |
|
Elementary
|
600
|
11
|
4.5
| |
|
Junior high
|
900
|
29
|
12.0
| |
|
Senior high
|
1,200
|
50
|
20.0
| |
(c)
Location. The City of Lexington Comprehensive
Plan and/or the standards adopted by the impacted school district
shall be used as a guideline in locating sites.
C.
Criteria for requiring a contribution in lieu of school
sites. Where the development is small and the resulting site is too
small to be practical or when the available land is inappropriate
for a school site, the City shall require the subdivider or developer
to pay a cash contribution in lieu of the land dedication required.
The cash contribution in lieu of school sites shall be held by the
City, solely for the use in the acquisition of land for a school site
to serve the immediate or future needs of children from that subdivision
or development or for the improvement to any existing school site
which already serves the needs of that development. Said cash contribution
in lieu of school site dedication shall be deposited with the City
prior to recording of the final plat or approval of the final development
plan for a planned unit development.
(1)
Fair market value. The cash contribution in lieu of
land shall be based on the fair market value of the acres (hectares)
of land in the area improved as specified herein, that otherwise would
have been dedicated as a school site. It has been determined that
the present fair market value of such improved land in and surrounding
the City is $35,000 per acre ($14,164 per hectare), and such figure
shall be used in making any calculation herein unless the subdivider
or developer files a written objection thereto. In the event of any
such objection, the developer shall submit an appraisal showing the
fair market value of such improved land in the area of his/her development
or other evidence thereof and final determination of said fair market
value per acre (hectare) of such improved land shall be made by the
City Council based upon such information submitted by the subdivider
or developer and from any other sources which may be submitted to
the City Council, school district and others.
(2)
Criteria for requiring dedication and a fee. There
will be situations in subdivisions or planned unit developments when
a combination of land dedication and a contribution in lieu of land
are both necessary. These occasions will arise when:
(a)
Only a portion of the land to be developed is
proposed as the school site. That portion of the land within the subdivision
falling within the school location shall be dedicated as a site as
aforesaid, and a cash contribution shall be required for any additional
land that would have been required to be dedicated.
(b)
A major part of the school site has already
been acquired and only a small portion of land is needed from the
development to complete the site. The remaining portions shall be
required by dedication, and a cash contribution in lieu thereof shall
be required.
D.
Density formula.
(1)
The following table of population density is generally
indicative of current and short-range projected trends in family size
for new construction and shall be used in calculating the amount of
required dedication of acres (hectares) of land or the cash contributions
in lieu thereof unless a written objection is filed thereto by the
subdivider or developer.
|
Type of School
(children per du)
| ||||
|---|---|---|---|---|
|
Housing Type
|
Elementary
|
Junior High
|
Senior High
| |
|
Single- and two-family
|
0.385
|
0.117
|
0.187
| |
|
Multifamily
|
0.094
|
0.036
|
0.06
| |
(2)
In the event a subdivider or developer files a written
objection to the Table of Estimated Ultimate Population listed herein,
he/she shall submit his/her own demographic study showing the estimated
additional population to be generated from the subdivision or planned
unit development, and in that event final determination of the density
formula to be used in such calculations shall be made by the City
Council based upon such demographic information submitted by the subdivider
or developer and from other sources which may be submitted to the
City Council, school district or others. It is recognized that population
density, age distribution and local conditions change over the years,
and the specific formula for the dedication of land, or the payment
of fees in lieu thereof, as stated herein, is subject to periodic
review and amendment if necessary.
E.
Annexation. The dedications of land or cash contributions
in lieu thereof required by this section shall also be required as
a condition to the annexation of any land to the City, and provisions
thereof shall be incorporated in any preannexation agreement governing
such land.
F.
Exemptions. The dedication of land or cash contributions
in lieu thereof as required by this section shall be applicable unless
the City Council determines either that such new subdivision will
not in itself have an impact upon or create a need for new school
facilities and that any such need is not uniquely attributable to
such new subdivision. The determination by the City Council shall
be binding upon all the parties involved.
G.
Formula for cash contributions.
|
R-1 Zoning District
| |||
|---|---|---|---|
|
School Classification
|
Children/Dwelling Unit
| ||
|
Elementary
|
0.385
| ||
|
Junior high
|
0.117
| ||
|
Senior high
|
0.187
| ||
|
Dwelling units/acre (maximum): 6
| |||
|
School Classification
|
Children/Acre
| ||
|
Elementary
|
2.31
| ||
|
Junior high
|
0.702
| ||
|
Senior high
|
1.122
| ||
|
Maximum School Population and Minimum
Site Size
| ||||
|---|---|---|---|---|
|
Minimum Site Size
| ||||
|
School Classification
|
Maximum School Population
|
(acres)
|
(hectares)
| |
|
Elementary
|
600
|
11
|
4.45
| |
|
Junior high
|
900
|
29
|
11.74
| |
|
Senior high
|
1,200
|
50
|
20.23
| |
|
Required Land Dedication by School Class
Classification and Zoning District: R-1 District
| ||
|---|---|---|
|
School Classification
|
Land to be Dedicated
(acres)
| |
|
Elementary
|
0.0282
| |
|
Junior high
|
0.0151
| |
|
Senior high
|
0.0312
| |
|
Total land dedication per acre: 0.0745 acre
| ||
|
Total land dedication per hectare: 0.0301 hectare
| ||
|
Total land dedication per dwelling unit: 0.0186
acre
| ||
|
Total land dedication per dwelling unit: 0.0075
hectare
| ||
|
Required Fee in Lieu of Land Dedication
by School Classification and Zoning District: R-1 District
| ||
|---|---|---|
|
School Classification
|
Fee
| |
|
Elementary
|
$988.17
| |
|
Junior high
|
$527.80
| |
|
Senior high
|
$1,090.83
| |
|
Total per acre
|
$2,606.80
| |
|
Total per hectare
|
$1,054.96
| |
|
Total per dwelling unit
|
$651.70
| |
H.
Procedures for managing cash contributions.
(1)
The school district's business agent shall provide
a copy of the school district's policy and procedures to any developer
seeking approval of a new residential development under the jurisdiction
of the City.
(2)
The required cash contributions shall be deposited
with the City Treasurer before the City shall record the final plat
or approve the final development plan of a planned unit development.
(3)
The City Treasurer shall deposit the cash contribution
in an escrow account and shall issue periodic reports to the business
agent for the school district.
(4)
The business agent shall file a capital improvement
plan with the City Clerk, which shall indicate the proposed use of
funds by the school district.
(5)
The business agent shall file a request for transfer of funds with the City Clerk, certifying that the funds so paid shall be used for the capital improvements in accordance with the plan referenced in Subsection H(4).
(6)
The school district's business agent shall maintain
records indicating the use of the funds. In the event the funds are
not used by the school district within one year of receipt, said funds,
with any earned interest, will be returned to the City.
