(a) The purpose of the Regulations is to set forth requirements to protect the public health, safety and welfare by providing for the park, Open Space and other such recreation needs of new residents by equitably apportioning the costs of providing sites for parks, recreation facilities, linear greenway and trail systems.
(1) Dedication Requirement. The requirements of this section shall apply to Major Residential Subdivisions. Land dedications or permanent conservation easements shall be dedicated to Summit County Metro Parks, Township Park District, Owners' Association, Land Trust, Board of Township Trustees or other public entity. Land obtained under these requirements shall only be used for Open Space, parks, trails, playgrounds, play fields, swimming pools, or other passive or active recreational purposes.
The land dedication requirement for Open Space, Parks and Recreation facilities shall be calculated in accordance with the following Table:
Table 1. Recreation Requirements
AVERAGE SIZE OF RESIDENTIAL LOT | PERCENTAGE OF TOTAL LAND IN SUBDIVISION TO BE RESERVED FOR RECREATION PURPOSES |
80,000 sq. ft. & greater | 1.5% |
50,000 sq. ft. | 2.5% |
40,000 sq. ft. | 3.0% |
35,000 sq. ft. | 3.5% |
25,000 sq. ft. | 5.0% |
15,000 sq. ft. | 8.0 % |
(2) Set-Aside Credits. In determining the amount of land to be set aside by Developers for recreational purposes, the following credits shall be given:
A. Full acreage credit for Open Space areas preserved to be used in fulfilling the Major Subdivision Park and Open Space land dedication requirements.
B. Full acreage credit to be used in fulfilling their Major Subdivision Park and Open Space land dedication requirements for Riparian Setback Areas protected through conservation easements or donated to a Public Parks System.
C. Full credit shall be given for trails, linear parks and greenways the Planning Commission may require as a condition of Final Plat approval the dedication of multi-purpose trails and linear parks.
D. Credit may be included for stormwater retention wet ponds and/ or fire ponds that are incorporated in Park and Open Space land dedication provided that such areas or facilities are safe, accessible and useable as community amenities by the public or residents of the Subdivision (e.g., picnic areas, playgrounds, ponds for fishing and/or boating).
E. Full credit shall be given for the preservation of Category 2 and Category 3 wetlands with required buffers. Category 1 wetlands shall be calculated at a maximum eighty percent (80%) set aside credit. (Refer to Section 1105.02(c)(2) for description of wetlands categories).
(Res. 2008-026. Adopted 3-17-08; Ord. 2015-561. Adopted 1-25-16; Ord. 2023-339. Adopted 11-27-23.)