(A) Parks, playgrounds, and recreation areas.
(1) Recreation standards. The Area Plan Commission may require that land be reserved for parks and playgrounds or other recreational purposes in locations designated on the Comprehensive Plan or otherwise where such reservations would be appropriate. Each reservation shall be of suitable size, dimension, topography, and general character, and shall have adequate road access, for the particular purpose envisioned by the Area Plan Commission and the jurisdiction. The area shall be shown and marked on the plat: “Reserved for Park and/or Recreational Purposes”. When recreation areas are required, the Area Plan Commission shall determine the number of acres to reserved from the following table, which has been prepared on the basis of providing three acres of recreational area for every 100 dwelling units. The Area Plan Commission may refer such proposed reservations to the local government official or agency in charge of parks and recreation for recommendation. If approved by such official or agency, the developer shall dedicate all such recreation areas to the local government as a condition of secondary approval.
(a) Recreation requirements:
Single family lots (Size of Lot) | Percentage of Total Land in Subdivision to be Reserved for Recreational Purposes
|
80,000 & greater SF | 1.5% |
50,000 SF | 2.5% |
40,000 SF | 3.0% |
35,000 SF | 3.5% |
25,000 SF | 5.0% |
15,000 SF | 8.0% |
(b) Minimum size of park and playground reservations. In general land reserved for recreation purposes shall have an area of at least four acres. When the percentages from Table 4-4 above would create less than four acres, the Area Plan Commission may require that the recreation area be located in a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. In no case shall an area of less than two acres be reserved for recreational purposes where it is impractical or impossible to secure additional lands in order to increase its area. When recreational land in any subdivision is not reserved, or the land reserved is less than the percentage indicated in division (A)(1) of this section the provisions of division (A)(3) of this section shall be applicable.
(2) Recreation sites. Land reserved for recreation purposes shall be of a character and location suitable for use as playground, play field, or other active recreational purposes and shall be relatively level and dry. It shall be improved by the developer to the standards required by the Area Plan Commission and the cost of the improvements shall be included in the amount of the performance bond (or equivalent financial instrument). Passive recreation areas along stream valleys may be acceptable to the Area Plan Commission as part of the required area if adequate flat land is also provided for space consuming recreation activities. A recreation site shall have a total frontage on one or more streets of at least 200 feet, and no part of the site shall be narrower or shallower than 200 feet except in stream valley and other linear passive recreation areas which shall at no point be narrower than 50 feet. The Area Plan Commission may refer any subdivision intended to contain a dedicated park to the local government official, department, or agency in charge of parks and recreation for a recommendation. All land to be reserved for dedication to the county, city or town for park purposes shall have prior approval of the county, city or town; and shall be shown on the plat as “Reserved for Park and/or Recreation Purposes”.
(3) Other recreation reservations. The provisions of this section are minimum standards. None of the divisions above shall be construed as prohibiting a developer from reserving other land for recreational purposes in addition to the requirements of this section.
(4) Private open space and recreation facilities. The subdivider may dedicate open space and recreation facilities (club houses, swimming pools, walkways, trails, and other recreation facilities) to a homeowners association to be maintained in perpetuity by the association. The legal instrument creating the homeowners association shall be recorded with the plat. The local government shall have the right to intervene and reinstitute the homeowners association and fees in the even of the failure of the homeowners association to carry out its responsibilities.
(B) Other public uses.
(1) Plat to provide for public uses. Except when an applicant uses planned unit development procedures in which land is set aside by the developer for public use as required under those procedures in the zoning ordinance, whenever a tract to be subdivided includes a school, recreation areas, in excess of the requirements in division (A) of this section, or other public uses as indicated on the Comprehensive Plan or any portion thereof, such space shall be suitably incorporated by the applicant into his or her sketch plan. After proper determination of its necessity by the Area Plan Commission and the appropriate county, city or town official or other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and final plats.
(2) Referral to public agency. The Area Plan Commission shall refer the sketch plan to the public agency concerned with acquisition for its consideration and report. The Area Plan Commission may propose alternate areas for such acquisition and shall allow the public agency 30 days for reply. The public agency’s recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time within five years required to complete the acquisition.
(3) Notice to property owner. Upon a receipt of an affirmative report the Area Plan Commission shall notify the property owner and the Administrator shall designate on the preliminary and final plats each area proposed to be acquired by a public agency.
(4) Duration of land reservation. The acquisition of land reserved by a public agency on the final plat shall be initiated within five years of notification, in writing, from the owner that he or she intends to develop the land. Such letter of intent shall be accompanied by a site plan of the proposed development and a tentative schedule of construction. Failure on the part of a public agency to initiate acquisition within the prescribed five years shall result in the removal of the “reserved” designation from the property involved and the freeing of the property for development in accordance with these regulations.
(Ord. 13-8, passed 5-16-13)