[R.O. 1991 § 425.200; Ord. No. 2901-14 § 1, 8-5-2014]
A. 
It is the policy of the City of Smithville, as contained in its Comprehensive Plan, that all newly platted or replatted subdivisions in residential zoning districts shall provide, by the methods in this Article, for the placement of recreational open spaces, walking trails, and other park areas based upon the impact the intended residents will have upon the City park infrastructure. Such open space shall be for either public recreational use or for the future use of the residents of that subdivision in order to ensure the proper balance of land use, design of urban areas and avoidance of the overcrowding of the land, or by payment of a fee in lieu of dedication to be used to improve other adjacent dedicated parks. The subdivider shall fulfill this open space requirement in any new preliminary plat or final plat by one or more of the following:
1. 
Dedication of open space for public use.
2. 
Dedication of open space for private use of residents of the subdivision.
3. 
Payment of a fee in lieu of dedication.
B. 
The City shall have the right to determine the acceptability of the applicant's proposal to meet this requirement, as it deems appropriate, in accordance with the Comprehensive Plan in effect at the time of application, and in the best interest of the City. A combination of any or each of the three (3) options may be considered by the City to reach minimum compliance. The final determination as to which option or combination of options best meet the Comprehensive Plan's intent shall be the City's.
[R.O. 1991 § 425.210; Ord. No. 2901-14 § 1, 8-5-2014]
A. 
For purposes of determining the minimum amount of land necessary to be dedicated to the use of the public, the City of Smithville utilizes the following formula:
1. 
The number of total dwelling units proposed in the preliminary plat, or final plat if no preliminary plat is required, multiplied by the census density. The census density is the average number of residents per dwelling unit as reported in the previous decennial census of the City of Smithville. The product of that calculation is then to be multiplied by two one hundredths (0.02), which represents the National Recreation and Parks Association recommended amount of acreage to serve one hundred (100) people [two (2) acres per one hundred (100) persons]. The formula can be expressed as follows:
a. 
Number of dwelling units proposed X census density X 0.02 = minimum acreage.
For example, a proposed one-hundred-lot single-family subdivision, multiplied by the census density, multiplied by 0.02 would be: (100 X 3.1* X 0.02) = 6.2 acres.
*3.1 is the census density of Smithville households based upon the 2010 decennial census
B. 
All applicants are encouraged to review the Comprehensive Plan to determine the potential locations of public park areas, and to assess the current locations of existing dedicated space for any preexisting parks prior to laying out any subdivision. To calculate the number of acres proposed in a preliminary plat application, the total area of any park area that is located in accordance with the Comprehensive Plan, the plan's Open Space Corridor Plan Map and not duplicative of an area previously dedicated in another subdivision shall be calculated on a one-to-one basis, where each square foot of dedicated land will be counted towards the dedication requirement; if such dedication includes walking trails in accordance with the Comprehensive Plan requirements or provides connectivity to other subdivisions, the area shall be calculated by using a twelve-foot-wide area, the length of the proposed trail, and included as dedicated land on a one-to-one basis. In addition to meeting the Comprehensive Plan requirements, such area must be contiguous to or accessible from a dedicated public street via a public access easement.
C. 
Any private open space proposed to be dedicated solely for the use of the subdivision property owners, or additional walking trails not in accordance with the Comprehensive Plan or providing connectivity to other subdivisions may also be calculated in the area to be dedicated, but only at the rate of fifty percent (50%) of the total area may be counted to reach the minimum required dedication of this Section. Any areas in the proposed plat dedicated as a drainage easement, a utility easement, or yards, court areas, setbacks or other open areas required by the zoning codes or building codes shall not be counted in any aspect in determining the minimum required dedication of this Section, unless such area includes walking trails, which shall be calculated in accordance with its compliance with the Comprehensive Plan or connectivity requirements above.
[R.O. 1991 § 425.220; Ord. No. 2901-14 § 1, 8-5-2014]
In the event that the proposed development is not suited for parks, trails or other open spaces; or if the need for a public park area is adequately served by another dedicated park area located in accordance with the Parks of the City of Smithville, the applicant may request, or the City may require, a payment of fee in lieu of a dedication of land in accordance with this Article. In order to calculate this fee in lieu of dedication, the City or applicant shall tally the total number of dwelling units proposed in the preliminary plat. For purposes of this calculation, a dwelling unit shall be counted as one for a single-family residence, two for a duplex structure, etc. Each dwelling unit shall be assessed a fee of six hundred twenty-five dollars ($625.00), payable as a condition to approval of a final plat. Such fee shall be deposited in the Parks Capital Improvement Fund of the City of Smithville and shall not be used for maintenance and operation expenses of any park. It is encouraged that this fee be used to enhance or improve the amenities of the public park closest to the location of the property identified in the application, but the City maintains the right to utilize such funds on capital improvements in any park in the City's system. In the event a combination of land dedication and payments in lieu of dedication is approved, the proposed fee shall be based upon a pro-rata share of the acreage required under this Article, and the amount approved to be dedicated.
[R.O. 1991 § 425.230; Ord. No. 2901-14 § 1, 8-5-2014]
A. 
Any such dedication of land for public parks or subdivision parks shall be indicated on both the preliminary plat and any final plat. All such dedicated areas designated for public use, or walking trails that are in accordance with the Comprehensive Plan or providing connectivity, shall be so dedicated in the final plat; areas designated as a subdivision park, or additional walking trails not in accordance with the Comprehensive Plan or providing connectivity to other subdivisions shall indicate private ownership and maintenance and shall have sufficient written agreements or recorded covenants that run with the land and which are not subject to elimination without the express written consent of the City for perpetual maintenance.
B. 
Any park, trail or open space approved in a preliminary plat shall be open and accessible following the development of thirty percent (30%) of the lots in the development proposed, or in accordance with an approved development agreement.
C. 
In the event that the proposed plat includes a combination of land dedication and payments in lieu of dedication, the amount of such payment shall be extrapolated by first identifying the number of dwelling units to be served by any such dedication that is calculated on a one-to-one basis, and subtracting the result from the total number of dwelling units proposed.