[Amended 4-27-1992 by Ord. No. 466]
Intent. In accordance with the park and recreation proposals in the Comprehensive Land Use Plan; The Needs Study dated January 1989; and the Comprehensive Park, Recreation and Open Space Plan adopted May 28, 1991, the Township shall require the dedication of land suitable for the use intended for park or recreation purposes as a condition precedent to final plat approval to provide adequate recreation space, facilities, and conservancy areas to serve the future population of the Township and to protect sensitive areas such as steep slopes and floodplains or special scenic areas.
A. In R-2 multifamily development. In any R-2 multifamily development, the developer shall provide open space and developed recreational space in accordance with the land use intensity ratios specified in the Peters Township Zoning Ordinance. Open space and recreational space shall be developed and improved by the developer along with Phase I of the development. The land set aside shall be of suitable size, dimensions, and topography in relationship to the proposed use; shall be convenient to the people to be served; and shall be accessible for maintenance purposes by providing adequate easements or street frontage. Active recreation facilities shall be approved by the Township Council. Ownership of the open space shall be retained by the developer (except for condominium development which shall meet all requirements of §
385-10 of this chapter) and maintained in accordance with Subsection
C(4) of this section.
B. In mobile home parks. In mobile home parks, a recreational area equal to at least 400 square feet for each mobile home berth shall be set aside as permanent open space land and be developed and improved according to an approved recreation plan approved by the Township Council along with Phase I of the development. Such open space land shall not be located in any required site setback, buffer, or yard areas. The land set aside shall be of suitable size, dimensions and topography in relationship to the proposed use; shall be convenient to the people to be served; and shall be accessible for maintenance purposes by providing adequate easements or street frontage. Ownership of the open space shall be retained by the developer and maintained in accordance with Subsection
C(4) of this section.
C. R-1 single-family developments. Subdivisions for single-family homes shall provide open space dedication for each new lot in accordance with the following formula: Number of proposed dwellings X an average of three persons per dwelling ÷ 1,000 population X the standard of 23.5 acres or 0.07 of an acre per lot or parcel. (Refer to Table of Future Land Needs in Land Use Plan.) Upon Township agreement with the developer or applicant, the construction of recreational facilities, the payment of fees in lieu thereof, the private reservation of land, or a combination, for park and recreation proposals may be substituted for land dedication. Construction of facilities by the developer shall be in accordance with the current facility specifications as adopted by the Parks and Recreation Board.
(1) Classifications of land shall consist of community parks and facilities, neighborhood or mini-parks, linear or special facilities, conservancy areas, and reserve or contingency areas which are described more fully in the Comprehensive Park and Recreation Plan.
(2) Criteria for site selection.
(a) Access and location. The land proposed for dedication shall be accessible to the residents of the development. Access shall be provided by a public street abutting at least one side of the site for a minimum distance of 50 feet. If public easements are the sole access, they shall be wide enough to accommodate the two-way traffic of maintenance equipment and public access.
(b) The shape shall be suitable to accommodate those park and open space activities appropriate with the location of the land and the needs expressed in the Comprehensive Park and Recreation Plan and the Needs Study. Categories are listed in Subsection
C(1) above.
(c) Land intended to be used for parks shall be aesthetically pleasing and shall not be burdened with an undue number of restrictions on the proposed use, e.g., mining conditions, overhead or underground utilities, stormwater management facilities; and shall be environmentally hazard free. Approximately 60% of the land shall be dry ground, not exceeding the average percent of slope of the development. The land must also have minimum 50 feet frontage on a public road, and be served by all utilities.
(d) Land intended to be used for open space rather than park development shall be aesthetically pleasing and serve some purpose in the interest of the residents of the development, i.e., a conservancy area which provides protection of wooded areas, steep slopes, floodplains, etc. Such areas shall not be burdened with stormwater management ponds and shall be environmentally hazard free.
(e) Parcels under five acres in size will generally not be considered acceptable for parks unless they can be added to existing parks or potential park land on adjacent tracts, but can be considered for other types of open space land listed in Subsection
C(1) above.
(3) Review of proposed open space land.
(a) At the time of the preapplication conference §
385-19, the Parks and Recreation Director and/or Planning Director shall review with the developer the park, facility or open space needs in the area where the development is to take place based on the Needs Study performed in January 1989 and the Recreation Planning Districts in the Comprehensive Park and Recreation Plan.
(b) Based on the above evaluation, a recommendation shall be made to the Parks and Recreation Board concerning the open space requirement for the particular development. This recommendation in such form as may be endorsed by the Parks and Recreation Board shall be communicated to the developer and to the Planning Commission. The recommendation may take the form of a request for park land in a specific section of the development with specific criteria; a request for fee in lieu of land dedication; a request for a private reservation of open space land; a request for the construction of recreational facilities; or a combination thereof. If the developer agrees to the fee in lieu of dedication, he shall sign a release form provided by the Township prior to filing the plan for review with the Planning Commission. If the developer agrees to construct facilities, they shall be guaranteed along with other improvements in the phase in which they are to occur.
(c) Upon the Planning Commission review of the Preliminary Plan of Subdivision, the above recommendations shall be incorporated in the plan as approved or as a condition of approval (§
385-24).
(4) Establishment of ownership, control and maintenance. The developer shall dedicate to the Township the future ownership of the permanent open space land on the final plat unless a private reservation of land is being made in which case the responsibility for the burden of maintenance and control shall be placed upon the private entity retaining ownership. All condominium ownership shall be in accordance with §
385-10 of this chapter or this section.
[Amended 3-14-2016 by Ord. No. 794]
(5) Fee in lieu of required dedication.
(a) In the event that the developer agrees to pay a fee in lieu of dedication of land, the amount of the fee shall be substantially equal to the fair market value of land that would be set aside if the criteria for site selection for parks specified above were to be applied.
(b) "Fair market value" shall be determined by the Township Council as established annually by an MAI appraiser in effect at the time each final plat is filed for review.
(c) The fee shall be paid to the Township as a condition of approval of the Phase I final plat or as specified in a schedule of payment.
D. Conservation Residential (CR) and Mixed Residential (MR) Overlay Districts. Subdivisions or land developments within the CR or MR Overlay District shall provide open space as follows:
[Added 9-12-2016 by Ord. No. 803]
(1) Conservation Residential Overlay:
(a) Option A: 25% of gross acreage of development site.
(b) Option B: 30% of gross acreage of development site.
(c) Option C: 40% of gross acreage of development site.
(2) Mixed Residential Overlay: 10% of gross acreage of development site.