(A) Parks, playgrounds, and recreation areas.
(1) Recreation standards. The Planning Commission shall require that land be reserved for parks and playgrounds or other recreation purposes in locations designated on the master 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 purposes envisioned by the Planning Commission. The park area shall be shown and named on the plat. When parks and/or recreation areas are required, the Planning Commission shall determine the number of acres to be reserved from the following table, which has been prepared on the basis of providing three acres of recreation area for every 100 dwelling units. The Planning Commission may refer such proposed reservations to the local government official or department in charge of parks and recreation for recommendation. The developer shall dedicate all such recreation areas to the local government as a condition of final subdivision plat approval. In Multi-Family and High Density Residential Districts, the Planning Commission shall determine the acreage for reservation based on the number of dwelling units per acre to occupy the site as permitted by the Zoning Code.
Recreation Requirements
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Single-Family Lots Size of Lot (sq. ft.)
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Percentage of Total Land in Subdivision to be Reserved for Recreation Purposes
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Recreation Requirements
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Single-Family Lots Size of Lot (sq. ft.)
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Percentage of Total Land in Subdivision to be Reserved for Recreation Purposes
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80,000 or more | 1.5 |
50,000 | 2.5 |
40,000 | 3.0 |
35,000 | 3.5 |
25,000 | 5.0 |
15,000 | 8.0 |
(2) 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 the table above would create less than four acres, the Commission may require that the recreation area be located at 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 recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area. Where recreation land in any subdivision is not reserved, or the land reserved is less than the percentage set forth in division (A)(1) above, the provisions of division (A)(4) below shall be applicable.
(3) Recreation sites. Land reserved for recreation purposes shall be of a character and location suitable for use as a playground or playfield or for other recreation purposes, shall be relatively level and dry, and shall be improved by the developer to the standards required by the Planning Commission, which improvements shall be included in the performance bond. The Planning Commission may refer any subdivision proposed to contain a dedicated park to the local government official or department in charge of parks and recreation for a recommendation. All land to be reserved for dedication to the local government for park purposes shall have prior approval of the governing body and shall be named and shown on the plat.
(4) Alternative procedure: money in lieu of land. Where, with respect to a particular subdivision, the reservation of land required pursuant to this subchapter does not equal the percentage of total land required to be reserved in division (A)(1) above, the Planning Commission shall require, prior to final approval of the subdivision plat, that the applicant deposit with the governing body a cash payment in lieu of land reservation. Such deposit shall be placed in a neighborhood park and reservation improvement fund to be established by the governing body. Such deposit shall be used by the local government for the improvement of a neighborhood park, playground or recreation area, including the acquisition of property. Such deposit must be used for facilities that will be actually available to and benefit the persons in said subdivision and be located in the general neighborhood of the subdivision. The Planning Commission shall determine the amount to be deposited, based on the following formula: $200 multiplied by the number of times the total area of the subdivision is divisible by the required minimum lot size of the zoning district in which it is located, less a credit for the amount of land actually reserved for recreation purposes, if any, as the land reserved bears in proportion to the land required for reservation in division (A)(1) above, but not including any lands reserved through density zoning.
(5) Applicability to land utilizing average density. Any subdivision plat in which the principle of average density of flexible zoning has been utilized shall not be exempt from the provisions of this subchapter, except as to such portion of land which is actually dedicated to the local government for park and recreation purposes. If no further area, other than the area to be reserved through averaging, is required by the Planning Commission, the full fee shall be paid as required in division (A)(4) above. If further land is required for reservation, apart from that reserved by averaging, credit shall be given as provided by division (A)(4) above.
(B) Other public uses.
(1) Plat to provide for public uses. Except where an applicant utilizes planned unit development or density zoning in which land is set aside by the developer as required by the provisions of the Zoning Code, whenever a tract to be subdivided includes a school, recreation uses (in excess of the requirements of division (A) above), or any other public use as indicated on the master plan, or any portion thereof, such space shall be suitably incorporated by the applicant into his or her sketch plat. After proper determination of its necessity by the Planning Commission and the appropriate local government official or other public agency involved in the acquisition and use of each such site, and after 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 body. The Planning Commission shall refer the sketch plat to the public body concerned with acquisition for its consideration and report. The Planning Commission may propose alternative areas for such acquisition and shall allow the public body or agency 30 days for reply. The 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 required to complete the acquisition.
(3) Notice of property owner. Upon receipt of an affirmative report, the Planning Commission shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body.
(4) Duration of land reservation. The acquisition of land reserved by a public agency on the final plat shall be initiated within 12 months of notification from the owner, in writing, that he or she intends to develop the land. Such letter of intent shall be accompanied by a sketch plat of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed 12 months 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.
(Prior Code, § 1246.07)