(A) General Provisions
The subdivider of land shall be required to dedicate land or make a payment in lieu thereof, for public park and/or greenway development, to serve the recreational needs of the residents of the subdivision or development and/or provide connectivity. The dedication of land shall consist of two (2) categories: parks and greenways.
(1) Park Dedication
A portion of land being subdivided for residential purposes shall be dedicated to serve the recreational needs of residents of the immediate neighborhood, except where payment of funds in lieu of land dedication is approved pursuant to Section 8.2.2 of this Ordinance. Developers of multi-family dwelling units not requiring subdivision plan approval shall provide funds whereby the town may acquire recreational land or areas to serve the development or more than one (1) multifamily development or residential subdivision, except where dedication of land is approved, pursuant to Section 8.2.2 of this Ordinance.
(2) Greenway Dedication
Lands granted for public greenway development will be required for both residential and non-residential development for those locations recommended in the most recently approved Town of Cary's Parks, Recreation and Cultural Resources Facilities Master Plan for park and greenway development (or any proceeding plan addendums).
(B) Amount of Park Land to be Dedicated
(1) General Requirement
At least one-thirty-fifth (1/35) of an acre shall be dedicated for each single-unit dwelling unit planned or proposed on the Planned Development master plan, Mixed Use District preliminary development plan, or reflected on a subdivision plat, except that any land to be so dedicated that lies within the FEMA one hundred (100)-year floodplain, wetlands, regulated stream buffers, or that has slopes greater than fifteen (15) percent shall be dedicated at a rate of at least one-twentieth (1/20) of an acre per dwelling unit; such areas shall be reflected on the subdivision plat for the dedicated parcel.
(2) Planned Developments
(a) For planned developments, the lands dedicated under this section may be credited toward the park and recreation land requirements set forth in Section 8.2 of this Ordinance. The parkland dedication requirement shall be capped at twenty (20) acres for Planned Developments.
(b) Innovative combinations of land dedication and actual development of public recreation facilities for dedication may be proposed for consideration and are subject to the approval of the Town Council. The Town must receive at least equal value in facilities and land as the value of the land required for dedication as specified above.
(c) The Town will review the proposed dedication to assure compliance with the park type(s) recommended by the currently approved master plan for the geographic area of the planned development.
(d) If existing Town of Cary park land exists adjacent to the development, the Town may determine that a smaller tract of land than that which meets the standards above may be dedicated adjacent to the existing park land, in order to create a larger single Town park site. In situations where such adjacent dedications are made, the developer will be required to pay a fee in lieu or any remaining dedication requirement in accordance with this section. The improvements must conform to Town standards, specifications and time of dedication as identified in the approved planned development master plan map and application.
(e) If additional residential development is proposed for a previously approved planned development, the following provisions shall apply:
1. Planned Developments (PDs) approved prior to October 28, 1993: Any land added to the Planned Development shall be treated as a new PD for the purposes of calculating the land dedication requirements.
2. PDs approved on or after October 28, 1993, will not be required to dedicate any additional land.
(C) Nature of Park Land to be Dedicated
Except as otherwise required or approved by the Town Council at the time of Planned Development master plan approval, development plan approval, or Mixed Use District preliminary development plan approval, all dedications of land shall meet the following criteria. These criteria should be considered general guidelines to ensure that the dedication of land is suitable for park development.
(1) Unity
The dedicated park land shall form a single parcel of land, except where the Town Council determines that two (2) or more parcels would be in the best interest of the public, given the type and distribution of open spaces needed to adequately serve the proposed development. In such cases, the Town Council may require that such parcels be connected by a dedicated strip of land at least thirty (30) feet in width.
(2) Usability
At least fifty (50) percent of the total park land dedicated, which is intended primarily for active recreational use, shall be located outside the Flood Hazard Area, alluvial soils, lakes, or other water bodies, and areas with slopes greater than fifteen (15) percent, and at least seventy-five (75) percent of the total land dedicated shall be located outside of wetlands subject to Federal or State regulatory jurisdiction. Lakes, ponds, creeks, or other water bodies, and wetlands falling under the jurisdiction of state or federal agencies as indicated in Section 14.4
, Soil Erosion and Sedimentation Control, and Section 14.7, Flood Damage Prevention, of this Ordinance, may be dedicated only if sufficient abutting land is dedicated as a public recreation area or park or if such area constitutes a necessary part of the drainage control system. Land dedicated only for greenways need not follow the requirements of this subsection.
(3) Shape
The shape of the portion of the dedicated park land that is deemed suitable for active recreation shall be sufficiently square or round to be usable for any or all recreational facilities and activities, such as athletic fields and tennis courts, when a sufficient amount of land is dedicated to accommodate such facilities. Land dedicated only for greenways need not follow the requirements of this subsection.
(4) Location
The dedicated park land shall be located so as to reasonably serve the recreation and open space needs of residents of the subdivision or planned development, and to comply with the Town's Parks , Recreation and Cultural Resources Facilities Master Plan, where applicable. The dedicated park land may be located outside of the residential development in order to comply with the currently approved Town's Parks, Recreation and Cultural Resources Facilities Master Plan, to add property to existing park land, or to combine land dedication efforts with those of other developments.
(5) Access
Public access to the dedicated park land shall be provided either by adjoining public street frontage or by a dedicated public easement, at least sixty (60) feet wide, which connects the dedicated land to a public street or right-of-way. Gradients adjacent to existing and proposed streets shall allow for reasonable access to the dedicated land. Where the dedicated land is located adjacent to a street, the developer or subdivider shall remain responsible for the installation of utilities, sidewalks, and other improvements required along that street segment. Public access to greenway dedications only shall be at least twenty (20) feet wide.
(6) Topography
The average slope of the portion of dedicated land deemed usable for active recreation shall not exceed the average slope of the entire subdivision or planned development to be developed. In no case shall a slope on the usable portion of dedicated land exceed fifteen (15) percent.
(7) Dedication of Lakes
The subdivider or developer may propose to include an existing or proposed lake as part of a park dedication. The dedication of such lake shall meet the following criteria, and will be subject to the approval of the Town Council. Evidence that the lake meets the following criteria shall be provided to Town Council at the time of Council review and approval of acceptance of the lake:
(a) It shall be a minimum of ten (10) acres in size. The average width of the lake should be not less than one-third (1/3) of its average length.
(b) Dam construction shall comply with the latest versions of Dam Safety Rules by the North Carolina Department of Environment and Natural Resources, and shall comply with the rules appropriate to the class of the dam, except all dams shall meet the lowest threshold criteria. All lakes shall include a primary spillway, emergency spillway, and drain, and all materials shall meet Town specifications. Lake and dam construction shall also comply with the latest version of the Stormwater Best Management Practices Manual by the North Carolina Department of Environment and Natural Resources, if lake will function as a stormwater best management practice.
(c) The land surrounding and adjacent to the lake shall be dedicated to the Town, at a minimum width of one hundred (100) feet measured from top of bank.
(d) The lake dam shall not be utilized to support a public or private street.
(D) Dedication of Greenway Land
(1) Easement dedication for greenway purposes is a separate requirement from parkland dedication, though the land dedicated for greenway purposes may be counted towards park land dedication requirements, except for easements dedicated for street-side trails [as indicated in Section 7.10.4 (C)].
(2) Locations of proposed greenways will be based on the currently approved Town's Parks, Recreation and Cultural Resources Facilities Master Plan.
(3) If the Town of Cary’s Parks, Recreation and Cultural Resources Facilities Master Plan indicates a future greenway through a proposed development, whether residential or non-residential, a strip of greenway land through this area shall be dedicated to the Town, at a minimum of thirty (30) feet, but not to exceed fifty (50) feet in width; widths of easements may be reduced to twenty (20) feet in those cases where the developer is constructing the greenway trail. Widths of greenway easements for street-side trails [see Section 7.10.4 (C)] shall be determined by the Parks, Recreation and Cultural Resources Director.
(E) Procedure for Dedication of Park Land and Greenway Land
The dedication of such land shall be reviewed and approved at the time of Planned Development master plan approval, development plan approval, or Mixed Use District preliminary development plan approval as applicable. The applicant shall designate on the applicable plan, if any, the area or areas of land to be dedicated pursuant to this section. Where FEMA one hundred (100)-year floodplain, regulated stream buffers, slopes greater than fifteen percent (15%), or wetlands falling under the jurisdiction of State or Federal agencies have been certified to exist on the property, the applicable plan shall also identify the boundaries of such areas. Upon receipt of the applicable plan, the Planning Director shall submit a copy thereof to the Director of Parks, Recreation and Cultural Resources for review by the Parks, Recreation and Cultural Resources Advisory Board. If the development in consideration is to be approved administratively, the recommendation of the Director of Parks, Recreation and Cultural Resources shall be submitted to the Planning Department.
(F) Submission of Deed and Survey
Unless otherwise stipulated in a planned development master plan or Mixed Use District preliminary development plan, or required by law, an executed general warranty deed, free and clear of all liens, encumbrances and restrictive covenants, conveying the land to the Town of Cary, and a reproducible paper boundary survey indicating the location and area of all wetlands, alluvial soils, regulated riparian buffers, floodplain, waterbodies, and slopes greater than fifteen percent (15%), shall be submitted no later than two (2) years after the approval of the development plan, Planned Development master plan, Mixed Use District preliminary development plan, or prior to the issuance of fifty percent (50%) of the Certificates of Occupancy for the development (based on approved development plans and approved master plan), whichever is earlier. The Town Council may grant an extension of time.