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(A) When the City Council determines, pursuant to this chapter and the advice of counsel, that a land dedication for public open space or park is necessary and appropriate to satisfy the requirements of this chapter, and that a land dedication is feasible, practical and compliant with the city’s Comprehensive Plan and Parks and Open Space Plan, the amount of land that is to be dedicated for such purposes shall be determined by one of the following methods.
(1) The total area of the proposed development shall be determined by excluding existing public street rights-of-way, whether such existing rights-of-way are held by deed or easement, and the minimum required land dedication shall be 10% of said total land area. Such 10% land dedication may be any combination of developable land that is suited for use as an active recreation area; primarily suited for passive recreation or greenbelt; and land that is deemed undevelopable or impractical to develop by reason of natural conditions; shape or size; or economic factors, and that accordingly may be suitable only or primarily for use as a public greenbelt or other open space uses, if the City Council deems that the dedication is acceptable and satisfies the requirements of this chapter.
(2) Alternatively, a developer may request that the minimum amount of land that is to be dedicated to satisfy the requirements of this chapter be calculated in accordance with the following.
(a) The residential development shall dedicate an active recreation area that is not less than five acres in size together with an additional land dedication of two and one-half acres that is suitable for use as either an active or passive recreation area as defined by this chapter, for each 1,000 of population that is forecast to live within the completed development at the time of its initial occupancy. The forecast population shall be calculated in accordance with the following division (A)(2)(b) below.
(b) The City Council hereby finds and affirms that the average household size is significantly greater in new residential developments than it is in established, mature neighborhoods, for reasons that include, but are not limited to, the socio-economic characteristics of home-buying households. Historically, household sizes have been found to decline as the residential development ages over decades, to become smaller than the city average and then increase moderately to approximate the average household size. By the time that the household sizes have declined to match or be less than the city average, the original park infrastructure will have exceeded its life expectancy, and will be replaced by new infrastructure funded by public tax revenues, but at all times all land dedicated in accordance with this chapter will continue to be needed and necessary for park purposes, as set forth in this chapter.
Therefore, the population that is forecast to live within the completed development at the time of its initial occupancy shall be determined by multiplying the average household size as enumerated in the most-recent decennial census or other census count for the city for which all necessary data is available, within a census tract or multiple census blocks containing the greatest percentage of housing units that were constructed during the decade immediately preceding the most-recent census. Such tract or blocks shall be selected and analyzed according to housing type, and average household sizes determined for each housing type from said census information. Such average household sizes shall then be multiplied by the number of housing units of each type that are proposed in the new development to determine the forecast populations by housing type in the new development at the time of its initial occupancy. The forecast populations of each housing type shall then be added together to derive the total forecast population for the new residential development, to be used in the formula described in division (A)(2)(a) above.
(c) 1. For the 2010 Census, the following average household sizes shall be used for the calculations of this section:
a. Single-family detached dwelling unit: 3.49 persons/occupied unit;
b. Single-family attached dwelling unit: 1.92 persons/occupied unit; and
c. Multi-family dwelling unit: 1.97 persons/occupied unit.
2. The average household sizes that are listed herein shall be updated to reflect the enumerations of future decennial censuses or other census counts as such data becomes available.
(B) As an option to the two methods set forth in division (A) above, a developer may submit an alternative proposal that fully complies with the intent and purposes and of this chapter, but may not fully comply with the methods of calculation that is set forth in division (A) above. The developer shall have the burden of demonstrating and proving that the alternative proposal meets or exceeds this chapter’s prescribed methods of compliance. Any such proposal shall be first reviewed by city staff and a report made to the Parks and Recreation Commission, which shall provide a recommendation for action on the proposal to the City Council.
(C) The location and configuration of land that is to be dedicated to satisfy the minimum requirements of this chapter shall be compliant with the city’s Comprehensive Plan and Parks and Open Space Plan, as may be determined and approved by the City Council. The City may require that land that is to be dedicated under this chapter be located and configured to allow the dedications of two or more developments, present or future, to be aggregated to form a single, large park dedication parcel since larger recreation areas usually allow more and better park facilities to be provided.
(D) Land that is intended to provide required storm water detention or retention shall not be credited towards satisfying any of the park land dedication requirements of this chapter, unless it is graded and improved in a manner that makes it satisfactory and suited for use as an active recreation area. Land or area that is required to be provided as a buffer yard or to satisfy minimum on-site landscaped open space requirements of by the zoning, subdivision or site planning codes shall not be counted towards satisfying the requirements of this chapter.
(E) Land dedications shall be conveyed to the city by a properly executed warranty deed without cost to the city, prior to the recording of a final subdivision plat or plat of survey, or in the case of a site plan, prior to the issuance of any building permits.