[Ord. No. 4190, 2-1-2021]
A.
The provisions of this Article shall apply to new residential development, including the residential component of mixed-use development.
[Ord. No. 4190, 2-1-2021]
A.
It is the policy of the City to develop park and recreational facilities which comply with the following standards and planning principles:
1.
The minimum amount of park land to be provided City residents shall be seven (7) acres for every one thousand (1,000) residents.
2.
Both public and private park lands should be suitable in location, topography, and environmental characteristics to afford residents a maximum opportunity to use such amenities.
3.
Hiking, walking and bicycle trails should be developed to connect public park and facilities.
4.
Park Land sites should drain well; however, land located in floodplains is acceptable for recreational purposes.
5.
Park Land sites should contain large areas with slopes of no more than five percent (5%).
6.
Ponds of water at least one (1) acre in size may be counted as park land when the pond can be used for recreational activities such as fishing or boating.
7.
Stormwater dry detention basins may be located in recreational areas; however, to receive credit as recreational space, the basin must be a grassy area which can be easily mowed and maintained.
[Ord. No. 4190, 2-1-2021]
A.
The applicant 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 make a payment in lieu of actual land dedication or a combination of both at the option of the City.
B.
The Board of Aldermen, upon recommendation of the Planning and Zoning Commission, will determine the nature and manner in which the City's park land requirements shall be satisfied.
C.
The City may choose to have sites dedicated to the City or to a private entity established for the purpose of providing and maintaining community or neighborhood not-for-profit amenities.
D.
Articles of agreement which provide for the maintenance of such sites must be approved by the City and must be recorded with the record plat, with a notation on the plat referring to the existence of any such documents.
E.
All lands dedicated shall be free of any liens or encumbrances.
[Ord. No. 4190, 2-1-2021]
A.
Park Land shall be dedicated to the City at a ratio of seven (7) acres per one thousand (1,000) residents (0.007 acres per resident) of the proposed development, using the following formula: Park Land Dedication = Ultimate Population X 0.007.
B.
Table 430.700, Average Household Sizes by Types of Dwelling Units, shall be used to determine the ultimate population of a proposed development for purposes of determining the amount of park land each development will be required to provide.
C.
In the event an applicant files a written objection to Table 430.700, the applicant shall submit a demographic study to support the applicant's population projection. Said demographic studies must contain data which can be empirically verified and not based on national surveys or theoretical models.
Table 430.700 Average Household Sizes by Types of Dwelling Units | |
Type of Unit | Average Household Size |
Detached House | |
2-bedroom | 2.409 |
3-bedroom | 3.451 |
4-bedroom | 4.435 |
5-bedroom | 5.067 |
Unknown | 3.709 |
Duplex and Townhouse | |
1-bedroom | 1.901 |
2-bedroom | 2.119 |
3-bedroom | 3.056 |
Unknown | 2.719 |
Multi-Unit | |
1-bedroom | 1.362 |
2-bedroom | 2.148 |
3-bedroom | 3.482 |
Unknown | 1.901 |
[Ord. No. 4190, 2-1-2021]
A.
Generally.
1.
Depending upon the size of the development and the nature of the recreational facilities to be provided, the City may allow private park land in lieu of dedicated public park land.
2.
The amount of credit shall be determined on a case-by-case basis by the Board of Aldermen based on the projected recreational needs of the future residents and in conformance with the park land policies and standards as provided in the City's park and recreation and Comprehensive Plans.
3.
Detailed plans of such areas, including specifications of facilities to be installed, may be required by the Board of Aldermen.
4.
The applicant shall guarantee that private recreational areas will be permanently maintained for such use by the execution of the appropriate legal documents.
B.
C.
Private park land shall meet the following standards:
1.
Yards, ditches, setbacks, courtyard areas, rights-of-way and other open areas are not included in the computations of such park land; and
2.
The maintenance of said private park land is adequately provided for by a recorded written agreement, conveyance or deed restriction; and
3.
The private park is restricted for recreational purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City; and
4.
The proposed park land is reasonably suited for recreational purposes; and
5.
The facilities proposed are in substantial accordance with the City's long-range park and recreational plans and policies.
[Ord. No. 4190, 2-1-2021]
A.
Generally.
1.
Where a subdivision or development is too small to include an adequate park site, or when the available land is inappropriate for recreational uses, or when the City determines that the recreational needs of the residents of a proposed development would be better served through the development of land outside of a proposed project boundary, the City shall require the applicant to pay a fee in lieu of the park land dedication requirement.
B.
Calculation.
1.
The payment in lieu of park land dedication shall be equal to one (1) of the following:
a.
Nine hundred dollars ($900.00) per detached house, duplex, or townhouse lot/dwelling unit; and seven hundred dollars ($700.00) per multi-unit dwelling unit; or
b.
The fair market value of land that otherwise would have been dedicated as park land less any land that otherwise would have been dedicated as park land less any land the applicant is given credit for pursuant to Section 430.710, Credit for Private Park Land.
(1)
The applicant shall submit a fair market value appraisal, prepared by an MAI appraiser, which indicates the projected improved per acre value of land within the proposed project.
(2)
The "improved value" shall mean the average per acre value of all land within a project following the completion of all required subdivision or development improvements, such as streets, platting and utilities.
2.
Where public improvements to publicly dedicated land are provided by an applicant, the City may grant a credit to the required payment in lieu of park land contribution. The Board of Aldermen shall determine the actual monetary value of such improvements and may determine that as much as one hundred percent (100%) of the value of the improvements may be counted as a credit against the total dollar value of a project's park land contributions. The following illustrates this formula: Final Amount of Money in Lieu of Land = (Total Park Land Required - Total Park Land Dedicated, either Public or Private) (Fair Market Value) - Value of the Improvements to Public Land.
C.
Payment.
1.
Payment in lieu of park land dedication shall be required as a condition of the project's approval and shall be made prior to the issuance of a building permit or filing of the record plat, whichever occurs first.
2.
Such payment shall be held by the City in a special fund and dispersed for the acquisition and development of a park land for the benefit of the future residents of such subdivisions and developments.
[Ord. No. 4190, 2-1-2021]
A.
Generally.
1.
Whenever a tract to be subdivided includes a school, recreation uses (in excess of the requirements of this Article) or other public use as proposed in a City policy or plan, such space shall be suitably incorporated by the applicant into the preliminary plat.
2.
After proper determination of its necessity by the Board of Aldermen, the City and/or other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and record plats.
B.
Referral To Public Body.
1.
The City shall refer the preliminary plat to the public body concerned with acquisition for its consideration and report.
2.
The City may propose alternate areas for such acquisition and shall allow the public body or agency thirty (30) days for reply.
3.
The agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.
C.
Notice Of Property Owner.
1.
Upon a receipt of an affirmative report, the City shall notify the property owner and shall designate on the preliminary and record plats that area proposed to be acquired by the public body.
D.
Duration Of Land Reservation.
1.
Land reserved for public use on an approved record plat shall be acquired by the appropriate public body within three (3) years of the date of filing of the record plat.
2.
Upon expiration of the designated purchase period, the applicant may remove the "reserved" designation by filing an amended plat for the site to be reviewed and acted upon in accordance with the provisions of this Code.