A. Parks And Pathways: Unless otherwise provided, every subdivision shall set aside a park and/or pathway(s) in accordance with standards set forth herein.
1. Parks:
a. The developer of any subdivision, or any part thereof, consisting of three (3) or more residential lots, including residential townhouse sublots and residential condominium units, without regard to the number of phases within the subdivision, shall set aside or acquire land area within, adjacent to or in the general vicinity of the subdivision for parks. Parks shall be developed within the city of Hailey and set aside in accordance with the following formula:
P = x multiplied by .0277
"P" is the parks contribution in acres
"x" is the number of single-family lots, residential townhouse sublots or residential condominium units contained within the plat. Where multi-family lots are being platted with no fixed number of units, "x" is maximum number of residential lots, sublots and units possible within the subdivision based on current zoning regulations
b. In the event the subdivision is located in the business (B), limited business (LB), neighborhood business (NB) or transitional (TN) zoning districts, the area required for a park shall be reduced by seventy five percent (75%), but in no event shall the area required for a park/cultural space exceed seventeen and one-half percent (17.5%) of the area of the lot(s) being developed.
c. Cottage developments may be exempted from the provisions of subsection 16.04.110A, when common open space is provided in accordance with subsection 17.06.080F: Design Standards, Cottage Development, and the Commission and Council find that sufficient park space, in accordance with the City of Hailey Comprehensive Plan, exists within one half (1/2) mile of the proposed development. In the event that a cottage development is required to provide a park contribution, the contribution area shall be reduced by the amount of common open space provided on site by the development.
2. Pathways: The developer of any subdivision, or any part thereof, shall provide pathways for all trails and paths identified in the master plan that are located on the property to be subdivided or on city property adjacent to the property to be subdivided, and sidewalks required by this title.
B. Multiple Ownership: Where a parcel of land is owned or otherwise controlled, in any manner, directly or indirectly:
1. By the same individual(s) or entity(ies), including, but not limited to, corporation(s), partnership(s), limited liability company(ies) or trust(s), or
2. By different individuals or entities, including, but not limited to, corporations, partnerships, limited liability companies or trusts where: a) such individual(s) or entity(ies) have a controlling ownership or contractual right with the other individual(s) or entity(ies); or b) the same individual(s) or entity(ies) act in any manner as an employee, owner, partner, agent, stockholder, director, member, officer or trustee of the entity(ies),
3. Multiple subdivisions of the parcel that cumulatively result in three (3) or more residential lots, townhouse sublots, cottage sublots or condominium units, are subject to the provisions of this title, and shall provide the required improvements subject to the required standards at or before the platting or development of the lots, sublots or units.
C. Parks And Lands Board: The parks and lands board shall review and make a recommendation to the hearing examiner or commission and council regarding each application subject to the provisions of this section. Such recommendation will be based on compliance with the master plan and provisions of this title.
D. Minimum Requirements:
1. Private Green Space Or Common Open Space: Use and maintenance of any privately owned green or common open space shall be controlled by recorded covenants or restrictions which run with the land in favor of the future owners of the property within the tract and which cannot be modified without the consent of the council. Common open space in a cottage development shall serve only the occupants of the development in which it is located and shall meet the requirements of subsection 16.04.110D3: Minipark, as well as subsection 17.06.080F: Design Standards, Cottage Development.
2. Neighborhood Park: A neighborhood park shall include finished grading and ground cover, large grassy areas, trees and shrubs, sheltered picnic table(s), trash container(s), dog station(s), bike racks, park bench(es), parking as required by ordinance, and two (2) or more of the following: play structure, restrooms, an athletic field, trails, hard surface multiple use court (tennis or basketball courts), or gardens that demonstrate conservation principles. Neighborhood parks shall provide an average of fifteen (15) trees per acre, of which at least fifteen percent (15%) shall be of two-and-one-half inch (2 ½") caliper or greater. A maximum of twenty percent (20%) of any single tree species shall not be exceeded in any landscape plan, which includes street trees. Landscaping and irrigation shall integrate water conservation. A neighborhood park shall be deeded to the city upon completion, unless otherwise agreed upon by the developer and city.
3. Minipark: A minipark shall include finished grading and ground cover, trees and shrubs, picnic table(s), trash container(s), dog station(s), bike racks and park bench(es). All miniparks shall provide an average of fifteen (15) trees per acre, of which at least fifteen percent (15%) shall be of two-and-one-half inch (2 ½") caliper or greater. A maximum of twenty percent (20%) of any single tree species shall not be exceeded in any landscape plan, which includes street trees. Landscaping and irrigation shall integrate water conservation.
4. Park/Cultural Space: A park/cultural space shall include benches, planters, trees, public art, water features and other elements that would create a gathering place. Connective elements, such as parkways or enhanced sidewalks, may also qualify where such elements connect two (2) or more parks or park/cultural spaces.
5. Pathways: Pathways shall have a minimum twenty foot (20') right of way width and shall be paved or improved as recommended by the parks and lands board. Construction of pathways shall be undertaken at the same time as other public improvements are installed within the development, unless the council otherwise allows when deemed beneficial for the project. The developer shall be entitled to receive a park dedication credit only if the developer completes and constructs a pathway identified in the master plan, or completes and constructs a pathway not identified in the master plan where the pathway connects to existing or proposed trails identified in the master plan. The city may permit easements to be granted by developers for pathways identified in the master plan, thereby allowing the developer to include the land area in the determination of setbacks and building density on the site, but in such cases, a park dedication credit will not be given. A developer is entitled to receive a credit against any area required for a park for every square foot of qualified dedicated pathway right of way.
E. Specific Park Standards: All parks shall meet the following criteria for development, location and size (unless unusual conditions exist that prohibit meeting 1 or more of the criteria):
1. Shall meet the minimum applicable requirements required by subsection D of this section.
2. Shall provide safe and convenient access, including ADA standards.
3. Shall not be gated so as to restrict access and shall not be configured in such a manner that will create a perception of intruding on private space. With the exception of private green space and common open space, if a park is privately owned and maintained, the use of the park shall not be exclusive to the homeowners, residents or employees of the development.
4. Shall be configured in size, shape, topography and improvements to be functional for the intended users. To be eligible for park dedication, the land must, at a minimum, be located on slopes less than twenty five degrees (25°), and outside of drainways, floodways and wetland areas. Miniparks shall not be occupied by nonrecreational buildings and shall be available for the use of all the residents or employees of the proposed subdivision.
5. Shall not create undue negative impact on adjacent properties and shall be buffered from conflicting land uses.
6. Shall require low maintenance, or provide for maintenance or maintenance endowment.
F. Specific Pathway Standards: All pathways shall meet the following criteria for development, location and size (unless unusual conditions exist that prohibit meeting 1 or more of the criteria):
1. Shall meet the minimum applicable requirements required by subsection D of this section.
2. Shall be connected in a useful manner to other parks, pathways, green space and recreation and community assets.
G. Specific Green Space And Common Open Space Standards: If green space is required or offered as part of a subdivision, townhouse, cottage, or condominium developments, all green space shall meet the following criteria for development, location and size (unless unusual conditions exist that prohibit meeting 1 or more of the criteria):
1. Shall meet the minimum applicable requirements required by subsection D of this section.
2. Public and private green spaces on the same property or adjacent properties shall be complementary to one another. Green space within proposed developments shall be designed to be contiguous and interconnecting with any adjacent green space (both existing and potential future space).
3. The use of the private green space shall be restricted to parks, pathways, trails or other recreational purposes, unless otherwise allowed by the city.
4. The private ownership and maintenance of green space shall be adequately provided for by written agreement.
H. In Lieu Contributions:
1. After receiving a recommendation by the parks and lands board, the council may at their discretion approve and accept voluntary cash or in-kind contributions in lieu of park land dedication and park improvements.
2. The voluntary cash or in-kind contributions in lieu of park land shall be equivalent to the area of land (e.g., square footage) required to be dedicated under this title multiplied by the fair market value of the land (e.g., $/square foot) in the development at the time of preliminary plat approval by the council. The city shall identify the location of the property to be appraised, using the standards in subsections E4 and E5 of this section. The appraisal shall be submitted by a mutually agreed upon appraiser and paid for by the applicant.
3. Except as otherwise provided, the voluntary cash or in-kind contribution in lieu of park land shall also include the cost for park improvements, including all costs of acquisition, construction and all related costs. The cost for such improvements shall be based upon the estimated costs provided by a qualified contractor and/or vendor. In the business (B), limited business (LB), neighborhood business (NB) and transitional (TN) zoning districts, in lieu contributions will not include the cost for park improvements.
4. In lieu contributions must be segregated by the city and not used for any other purpose other than the acquisition of park land and/or park improvements, which may include upgrades and replacement of park improvements. Such funds should be used, whenever feasible or practicable, on improvements within walking distance of the residents of the subdivision.
(Ord. 1336, 2023; Ord. 1256, 2020; Ord. 1191, 2015)