(a) Standards for Dedication. All land dedicated for Recreation and park Development shall substantially meet the following standards:
(1) Unity. The dedicated land shall form a single parcel of land except where the Planning Commission, in consultation with the Martinsburg-Berkeley County Parks and Recreation Board, determines that two (2) parcels or more would be in the public interest and determines that a connecting path or strip of land is in the public interest, and in which case the path shall not be less than twenty (20) feet wide.
(2) Shape. The shape of the dedicated parcel of land shall be of a sufficient shape to be usable for Active Recreational activities such as softball, tennis, basketball, soccer, walking and bike trails, etc.
(3) Location. The dedicated land shall be located so as to reasonably serve the Recreation and Open Space needs of the Subdivision and/or Land Development for which the Dedication was made and shall bear a reasonable relationship to the use of the area by the future inhabitants of the Subdivision and/or Land Development.
(4) Access. Public access to the dedicated land shall be provided either by adjoining Street Frontage or public Easement at least twenty (20) feet in width.
(5) Topography. Generally, areas dedicated for Recreation shall not exceed Slopes of five (5) percent.
(6) Usability. The dedicated land shall be usable for Recreation; surface water bodies may not be included in computing dedicated land area. Where the Planning Commission, in consultation with the Martinsburg-Berkeley County Parks and Recreation Board, determines that recreational needs are being adequately met, either by other dedicated parcels of land or existing recreational facilities, then land that is not usable for recreation may be dedicated as open space.
(b) Prerequisites for Approval of Subdivision and/or Land Development Application. Where Dedication is required, such Dedication shall be shown upon each Plat submitted.
(c) Calculation of Mandatory Land Dedication. Land Dedication required by dwelling Units shall be 0.024 acres per dwelling Unit.
(d) Use of Dedicated Land. The dedicated land shall only be used only for the purpose of providing open space, park and Recreational areas.
(e) Dispute Settlement. In the event that the City and the Applicant cannot agree upon the location, terrain, size or shape of the land necessary to be dedicated for a neighborhood Recreation area or cannot agree upon the details of provisions for an equitable amount of land in another location, such disagreement shall be determined by the Planning Commission.
(f) Privately Owned Park and Recreational Areas. Private parks and Recreational facilities are encouraged; however, such facilities cannot be credited toward the requirement of Dedication for public park and Recreation purposes if such areas are restricted to residents of the Development only, as noted on the Final Plat and/or Plan.
(g) Greenways. Greenways may be credited against the requirements of this Section provided that such greenways are: (1) a part of the City’s Comprehensive Plan and/or Capital Improvements Plan; and/or Martinsburg-Berkeley County Parks and Recreation Master Plan; and (2) dedicated to public use. (Ord. 2022-13. Passed 11-10-22.)