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(a) Purpose. These regulations are intended to provide park and recreation facilities for the community, provide passive and active recreation opportunities, and to preserve open space and sensitive natural areas.
(1) All plans for residential subdivisions of land or residential land development shall provide for private and public open space as provided in this section.
(2) Exemptions: The following residential subdivisions and developments shall be exempt from the public open space dedication and private open space requirements set forth in the zone district regulations and this section:
A. Residential subdivisions or developments of less than five residential units or lots subdivided or developed within any five-year period; and
B. Residential development or subdivisions in District 5 (Village Core) consisting of ten or less dwelling units or lots.
(c) Locational Criteria.
(1) All dedications of land for public parks and open space and all set-asides for private open space shall be consistent with the criteria and guidelines set forth in the following:
A. The City of Hudson Comprehensive Plan;
B. The Index of Ecological Integrity Report (ACRT, Inc. 1996); and
C. Parks and Recreation Plans and policies adopted by the City of Hudson.
(2) Where significant natural and scenic resource assets exist on the property, the Planning Commission shall, to the maximum extent feasible, give priority to their preservation through the park and open space dedication requirements or set aside requirements set forth in the applicable zone district regulations. The Planning Commission shall use the Index of Ecological Integrity Report (ACRT, Inc., 1996) and other applicable plans and reports, and may also seek the recommendation of the Park Board, to determine whether significant natural resources exist on a proposed site that should be protected through the dedication and set-aside requirements, with priority being given to the following sensitive areas (which are not listed in any particular priority order):
A. Riparian corridors.
D. Aquifer recharge areas.
E. Wildlife migration corridors.
F. Endangered wildlife/plant habitat areas.
G. Extensive tree canopy areas.
H. Scenic view areas.
I. Agricultural land.
J. Old growth forest.
(3) Dedications for public open space and parks shall be at locations deemed appropriate by the Planning Commission, with advice from the Park Board. If a specific site has been designated on any applicable park or open space plan for future park, open space, or trail purposes, the preliminary or final subdivision plan shall show the dedications of land in a location that corresponds to the plan designation.
(4) The following shall not be counted towards public park and open space dedication and private open space set aside requirements:
A. Private yards;
B. Street rights-of-way;
C. Open parking areas and driveways for dwellings;
D. Land covered by structures; and
E. Detention/retention ponds, except that detention or retention areas and stormwater management structures or facilities may be included in calculating the amount of open space required provided that such areas or facilities are accessible and usable as community amenities by the public or the residents of the development (e.g., picnic areas, playgrounds, ponds for fishing and/or boating, etc.).
(d) Amount of Public Open Space Dedication.
(1) For final subdivision plats or plans, dedication of usable public open space, including parks and multi-purpose trails, shall be made in an amount roughly proportional to the need or demand generated by the proposed development. The following minimum standards shall apply unless the applicant demonstrates that the demand created by the development is less than such requirements due to unique factors such as the age of the occupants of the development or uses proposed: Ten acres of community park land per 1,000 residents of a development or proportional fraction thereof;
A. Six acres of passive open space per 1,000 residents of a development or proportional fraction thereof; and
B. Three acres of neighborhood parks per 1,000 residents of a development or proportional fraction thereof.
(2) Land dedicated for multi-purpose trails to satisfy these requirements in whole or in part shall be in accord with the park plan contained in the City of Hudson Comprehensive Plan or other subsequently adopted neighborhood or City wide Comprehensive Plans.
(3) For purposes of this division, a housing unit shall be assumed to contain 3.1 persons per single-family residence or 1.8 persons per multi-family residence.
(e) Payment of Funds-In-Lieu of Park and Open Space Dedication.
(1) The Planning Commission may allow the developer to contribute funds in-lieu of land dedication at its sole discretion.
(2) For purposes of determining the value of land for fees contributed in-lieu of dedication, the value shall be based upon the fair market value per acre of the entire land being subdivided multiplied by the total acreage of land dedication required by this Code. Such value shall be determined as of the date of the filing of the subdivision or development plan with the Planning Commission.
(f) Parkland and Open Space Acquisition Fund. All fees paid by the developer in lieu of dedication of public park and open space land shall be paid to the City of Hudson and upon receipt shall be deposited in a separate interest bearing account kept specifically for public park and open space funding purposes.
(g) Amount of Set-Asides for Private Open Space. The amount of land required to be set-aside to provide private open space for the use and enjoyment of a development's residents as set forth in Chapter 1205 for each of the zone districts.
(h) General Design Criteria. Land set aside for public and private park and open space uses shall meet the following design criteria, as relevant:
(1) The park and open space land shall be reasonably located to serve all of the residents of the subdivision or land development.
(2) The park and open space land shall be compact and contiguous unless the land shall be used as a continuation of an existing trail or linear park or specific topographic features require a different configuration. An example of such topographic features would be the provision of open space along a scenic creek.
(3) At the discretion of the Planning Commission, when the park and open space land required to be dedicated or set aside is less than three acres in size, the park and open space land may be located at a suitable place on the periphery of the subdivision or land development so a more usable tract will result when additional park and open space land is obtained or set aside when adjacent land is developed.
(4) When public park and open space land exists adjacent to the tract to be subdivided or developed, the park and open space land shall, to the maximum extent feasible, be located to adjoin and enlarge the presently existing park and open space land.
(5) If the developer is planning to construct recreational facilities on the dedicated or set-aside property as an amenity for the residents of the development, such recreational facilities shall be constructed in accordance with current recommendations of the National Recreation and Parks Association.
(i) Trails and Linear Parks. The Planning Commission may require as a condition of final subdivision plat approval the dedication and improvement of multi-purpose trails and linear parks, which shall be credited toward all applicable public park and open space land dedication requirements, provided that such trails and linear parks meet the following standards:
(1) Dedications of land shall be a minimum width of eighteen feet; and
(2) The multi-purpose trail or linear park shall conform to any park and recreation plan adopted by the City of Hudson, if applicable.
(j) Provisions for Ownership. The Planning Commission, with advice from the Park Board, will review and recommend the form of ownership being proposed. All park and open space land shall be utilized only for non-commercial passive or active recreation or for conservation purposes, shall be permanently reserved as open space in a manner satisfactory to the City and at no cost to the City, and shall be either:
(1) Dedicated to a public entity, subject to the entity's acceptance;
(2) Owned jointly or in common by the owners; or
(3) Owned by a non-profit land trust or similar organization approved by the City, such as the Hudson Land Conservancy.
(k) Maintenance. The owner of the development property will be responsible for maintenance of all open space and parks, unless dedicated to a public entity. A homeowner association may be established for the purpose of permanently maintaining all open space and non-commercial recreation facilities. Such homeowner association agreements, guaranteeing continuing maintenance, and giving lien to the City in the event of lack of such maintenance, shall be submitted to the Planning Commission for approval prior to the issuance of any final subdivision plat approvals or other development approvals. See also Section 1208.13 , Homeowner Associations.
(Ord. 18-93. Passed 10-15-19.)