(A) Generally.
(1) The subdivider and/or applicant of any subdivision for residential purposes shall dedicate to the city, or otherwise provide for, land for park, recreation and/or open space designed to serve the residents of the subdivision.
(2) In any case where a subdivision is to be developed in phases, the full open space/recreation dedication may be required to be made in the first phase. Annexation proposals should reflect the open space requirements identified in the strategic vision plan.
(B) Open space dedication.
(1) All residential developments with more than eight total units shall be required to dedicate open space. To encourage development of residential units in the Downtown District, all such residential development shall be exempt from these provisions. The amount of useable open space required for dedication shall be determined using the open space dedication matrix. These figures are based upon similar dedication requirements throughout the state with three minor adaptations.
(a) First, the matrix was designed to base open space requirements on the number of bedrooms in a given development, rather than the usual dedication based upon the dwelling unit. This more accurately reflects the needs of the residents, as the number of bedrooms within a given development is a better representation of the actual number of residents who would use open space.
(b) Second, the matrix is established to encourage the preservation of land. By allowing for an increase in densities, the matrix provides for an increasing requirement in open space dedication. For example, a 50-acre subdivision of 100 lots developed at a density of two units per acre would generally require 3.44 acres or 7% of dedicated open space. In contrast, this same tract of land subdivided into 400 lots (or condos) at a density of eight units per acre would require 15.15 acres or 30% of dedicated open space. These figures are based upon an average of three bedrooms per unit.
(c) Third and final, this matrix has been developed with regard to the availability of accessible open space in close proximity to the proposed development. Developments within a half-mile (ten-minute) walk (along sidewalks or other pedestrian access) to existing publicly dedicated open space (parks, greenbelts and the like) are granted a reduction in required open space dedication of 25%. Similarly, developments that are adjacent to existing publicly dedicated open space are granted a 50% reduction in required dedication.
(2) Because the open space dedication requirements are based upon preliminary estimations of bedroom units in a given development, changing market conditions and final build-out of a project may yield a different bedroom count. In order to accommodate for variations, this code will permit variations to the estimated number of bedrooms, up to 10%. Variations in excess of 10% may allow a payment in lieu of additional dedication. Variations in excess of 25% will require the dedication of additional open space.
(3) (a) For the purposes of good faith estimation, all single-family developments will dedicate open space at a rate of three and one-half bedrooms per unit unless otherwise stipulated. Attached homes and apartments will dedicate open space at a rate of two to four bedrooms, in accordance with building specifications.
Open Space Dedication Matrix
| |||||
Estimated Number of Bedrooms X | Gross Dwelling Units per Acre | Proximity to Parks | |||
0-2 | 2-6 | 6-10 | 10+ | ||
500 | 520 | 550 | 580 | Base within 1/2 mile adjacent | |
375 | 390 | 413 | 435 | ||
250 | 260 | 275 | 290 | ||
Note to Table: All measurements are in square feet. | |||||
(b) How to use the matrix in division (B)(3)(a) above.
1. Determine average density for proposed development (gross dwelling units per acre).
2. Determine average number of bedrooms per dwelling unity (good faith estimate).
3. Multiply number of bedrooms by the number of units to get to the estimated number bedrooms.
4. Multiply the estimated number of bedrooms by figures shown in the matrix which relate to the density of the site and its proximity to existing open space.
(c) An example of how to use the matrix in division (B)(3)(a) above is as follows.
1. A developer wants to subdivide a 50-acre tract of land into 120 lots. The average number of bedrooms per lot is three and one-half (some three bedrooms, some four bedrooms). The tract is not within one-half mile walking distance to any publicly dedicated open space. How much open space is required for dedication?
2. The density (in dwelling units per acre) is 2.4. There are an estimated 420 bedrooms. Using the multiplier of 520, as shown in the matrix, the required amount of useable open space to be required is 218,400 square feet or 5.01 acres or 10% of the total area.
(C) Payment in lieu of open space dedication.
(1) If open space within a development is physically impractical due to unusual topographic conditions then the City Council may, at its discretion, accept either an equitable amount of land in another location or a fee paid to the city in lieu of dedication. The following formula shall be used to determine the fee:
(a) (Assessed Value of On-Site Property) X ((Yearly Adjusted Inflation Rate) (Number of Years Since Last Revaluation)+1) = Payment in Lieu of Open Space Dedication Fee
1. ASSESSED VALUE OF ON-SITE PROPERTY equals the value of the required amount of land to be dedicated as a percentage of the assessed valuation of the site prior to subdivision (i.e., if the total acreage is 100 and the total assessed value equals $500,000 and the required open space dedication is 15 acres, then the Assessed Value of the Open Space Dedication would be 15% of $500,000, or $75,000).
2. YEARLY ADJUSTED INFLATION RATE is based upon prevailing inflation rates, as reported annually in the Wall Street Journal or other reliable financial reporting medium (i.e., 3%).
3. NUMBER OF YEARS SINCE LAST REVALUATION is the total number of years since the last revaluation was conducted by the taxing authority.
(b) 1. An example of the formula described in division (C)(1)(a) above is as follows:
2. Where the Assessed Valuation is $75,000; the Inflation Rate is 3%; the Number of Years Since Last Revaluation is six; and the Cost of Off-Site Open Space is $88,500 then the formula reads as: ($75,000)X((0.03X6)+1)=$88,500.
(2) Payments in lieu of dedication shall be approved as part of the schematic. Any disagreement in the amount of required payment shall be resolved by conducting a professional appraisal of the fair market value of the property. The professional appraiser shall be mutually agreed upon by the city or appointed by the city should an agreement not be reached. All payments made in lieu of dedication shall be made at the time of construction document approval. Failure to submit the required fee along with such applications will delay approval of such submissions until payment is rendered. All funds received for payment in lieu of dedication shall be used for the acquisition, development or redevelopment of public open space within the same general area of the new development within the city.
(D) Open space general provisions.
(1) OPEN SPACE is defined as all areas not covered by building or parking lots, dry detention structures, streets, required setbacks or golf courses.
(2) Open space shall be planned and improved, accessible and usable by persons living nearby. IMPROVED shall mean cleared of underbrush and debris and may contain one or more of the following improvements: landscaping, walls, fences, walks, statues, utilities, irrigation, fountains, ball fields and/or playground equipment.
(3) Significant stands of trees, stream bed areas and other valuable topographic features shall be preserved within the required open space areas where practical. Areas noted on any adopted Master Plan as open space shall be preserved and dedicated where practical and feasible and may be left unimproved in accordance with the Plan.
(4) Playground equipment, statues and fountains should be located toward the interior of squares and parks, away from the public right-of-way, to provide for adequate safety of the user.
(5) Walls and fences shall be made of brick, stone, wrought iron or wood and shall not exceed four feet in height. (Exception: Fences used in conjunction with ball fields.) Watershed District development shall allocate required open space in the form of one or more of the types listed in this chapter.
(6) Waterfront development shall provide 50% of the required open space as waterfront parks along its shoreline. This requirement may be reduced to a minimum of 25% if off-water open space is dedicated with an area equal to one and one-half times the required waterfront dedication. The design shall be such as to form a central public space or esplanade for the neighborhood to provide waterfront access and views to residents. A minimum of 30% of the perimeter of the park shall be bordered by the water.
(7) Open space should provide focal points for the neighborhood and city. A central square or green, for example, may comprise a majority of the area required for dedication.
(8) Dedicated open space shall be separately deeded to either a homeowner’s association, a non-profit land trust or conservancy, the county or to the city (upon approval by the City Council), or it may be held in private ownership with conservation easements recorded in the County Register of Deeds in a form approved by the city.
(E) Emergency response requirements for trail system.
(1) The purpose of the trail system requirements is to assure that when off road amenities are provided by a development, that public health, safety and welfare are appropriately assured during the review and approval by the city.
(2) If a developer proposes or is required to provide any trail system or network as part of the development, then the following items will be required at a minimum and will be included as part of the Greenway Response Map for the city.
(a) Private greenways or trails need to be a minimum of eight feet wide and, at a minimum, gravel surface for emergency response trucks or all-terrain vehicles. If dirt or natural surface trails are proposed, the developer will need to provide other measures in order to assure appropriate response can be maintained.
(b) If foot bridges are proposed, it is required that a vehicle access point is provided if the distance between them exceeds two miles.
(c) Trail marking on routes will be required with a maximum of one-quarter mile between markers.
(d) Signage for trail makers will be assigned a specific labeling system to be used based on the project’s location on the Greenway Response Map. (Example: Project is in Zone Red (R), and they are the second development in that Zone (B), then all trail makers for that development will begin with RB followed by the mile marker based on division (E)(2)(c) above, RB-0.25 or RB-1.75).
(e) The developer will provide global positioning system (GPS) coordinates of the trail to be placed on the Greenway Response Map, which is maintained by the GIS Department.
(f) The developer is required to provide a kiosk at all trail heads referencing specific information to that trail, including, but not limited to, how markers on the trail can be used when contacting emergency 911 services, provide a map of the trail with reference to kiosk location (“You are Here” indicator), the map will need to show access points along the trail to be used for emergency services.
(g) All trail markers and kiosks will be constructed and placed in a permanent nature in order to assure high visibility and awareness for all users of the trails.
(h) The city may require other information be provided that is specific to the project.
(I) Any associated signage shall be maintained by the developer or home owner’s association.
(Ord. passed 9-27-2021) Penalty, see § 153.999