Park and open space requirements must comply with the requirements of the Montana subdivision and platting act and further the goals and policies of the Whitefish city-county growth policy and the park board.
A. Formula To Determine Park Dedication Requirements: Park dedication requirements must be based on the net acreage of the subdivision. The area provided for the park requirement must be land either dedicated to the city of Whitefish as a park or open space area for public use; retained as a common area, homeowners' park or open space area privately owned and maintained; or land designated as a conservation easement managed by a qualified entity. Privately owned parks, open space or common areas may not have a change in use without the approval of the property owners within the subdivision and city council. Except as provided in this chapter, a subdivider must be subject to the following park land or cash equivalent according to the following formula:
1. Eleven percent (11%) of the net acreage of the subdivision to be divided into lots one-half (1/2) acre and smaller;
2. Seven and a half percent (7.5%) of the net acreage of the subdivision to be divided into lots larger than one-half (1/2) acre and not larger than one acre in size;
3. Five percent (5%) of the combined area of the net acreage of the subdivision into lots larger than one acre and not larger than three (3) acres in size;
4. Two and a half percent (2.5%) of the net acreage of the subdivision to be divided into lots larger than three (3) acres and not larger than five (5) acres in size.
B. Suitable Locations For Parks, Open Space, Common Areas: The city council, in consultation with the subdivider, planning board and park board, may determine suitable locations for parks, open space and/or common areas. When a combination of land and cash donation is required, the cash donation may not be required to exceed the proportional amount covered by the land donation.
C. Exemptions: Park dedication is not to be required for:
1. Subdivisions with lots that have an average density of five (5) acres or more in size;
2. A first minor subdivision from a tract of record outside the city limits;
3. Nonresidential lots or subdivisions;
4. Planned unit developments or other developments which propose lands permanently set aside for park and recreation purposes to meet the needs of the persons who ultimately reside in the development and equals or exceeds the dedication requirements of subsection A of this section;
5. A subdivision where only one additional lot is created;
6. Where a subdivision provides for long term protection of an area identified as a water quality protection area under section 11-3-29, "Water Quality Protection", of this code, important wildlife habitat; significant cultural, historical or natural resources; agricultural interests or aesthetic values and the land area equals or exceeds the dedication requirements of subsection A of this section; and
7. The subdivider proposes land outside of the subdivision to be set aside for park and recreation purposes adequate to provide a significant recreational amenity to the public and will meet or exceed the park requirements outlined in subsection A of this section.
D. Park And Open Space Design Standards:
1. Land proposed for park development, whether public or private, must strive to provide recreational opportunities and serve the public or residents of the subdivision in a meaningful way. The land must be of appropriate shape, size and location and must have convenient access and parking to meet the needs of the public or residents of the subdivision.
2. If the park is proposed to be dedicated to the city for public use, the park area must not be less than one acre in size unless the land is immediately adjacent to an existing or planned future park area in order to allow the city to maintain the park in an efficient and cost effective way. Parks to be dedicated to the city must first be reviewed by the Park Board and, upon the Board's recommendation, approved by City Council.
3. If a park is proposed to be privately owned and maintained, it must be a minimum of ten thousand (10,000) square feet and must be developed with recreational opportunities such as play areas, picnic tables, gazebos, walking trails or other acceptable improvements which fulfill the intent of this section. It may also be developed as a micropark as described in subsection D5 of this section.
4. If the required park land dedication is less than ten thousand (10,000) square feet, unless the land is immediately adjacent to an existing or planned future park area or is developed as a micropark, it is considered an inappropriate size and the city will request cash in lieu of park land dedication pursuant to subsection E of this section.
5. A micropark must be preapproved by the parks and recreation department and park board and must meet the following:
a. It must be open to the public, enhance an existing public facility and be consistent with the park board long term plans for the facility. It may be located adjacent to an existing sidewalk, bike trail or other public facility and may provide a focal point for a neighborhood.
b. The long-term maintenance of the facility must be carefully weighed by the city and the park board when considering the location and amenities of a micropark.
c. A micropark will be distinctive, unique and usable. As such, it will be constructed with unique materials and could include amenities such as: street furniture (a bench, a landscaping wall for seating, a drinking fountain or a bike rack), a work of art, an information kiosk, a share library, or a SNOW bus shelter, if in a location identified as a stop or future stop, consistent with all other city amenities in brand, style, color, size, and shape.
d. A micropark and its improvements may either be dedicated to the city or have an easement for long term public use.
e. The city must not require improvements to a micropark to exceed that which would be required through a cash in lieu of land dedication. This also includes the value of the land.
6. If the park or open space area is to be developed and used for property owners or residents within a subdivision or development, it must be owned and maintained by the property owners of the subdivision through a common area maintenance agreement that outlines a pro rata share of the cost of maintenance. At the time of final plat submittal, a five (5) year maintenance bond for ten percent (10%) of the improvements must be provided to ensure the long term maintenance of the park or open space area.
7. Although not specifically required, nonresidential subdivisions are encouraged to incorporate open space, common area or a park within the development consistent with section 11-3-43: Mixed-Use and Non-Residential Building Development Standards of the zoning code. This may be in the form of pedestrian connections, a central park area, a plaza or any other form of open space designed to meet the needs of the users of the development.
8. Subdivisions located adjacent to rivers, streams, lakes and publicly accessed lands are strongly encouraged to be designed to provide reasonable public access to these areas.
9. Existing trees and significant vegetation must be maintained in open space areas unless an alternate landscaping plan for such areas is submitted and approved or unless planned active recreational activities would conflict with existing vegetation. In case of conflicts with planned activities, the design should maintain a balance, as determined by the city, where it maximizes active recreation opportunities while trying to maintain the most important elements of native vegetation.
10. Land proposed to be developed as a park and/or for recreational opportunities should be designed with the following standards as a guideline:
a. Park areas must be placed in consideration of existing and potential parks and open space areas on adjacent parcels to provide consolidation or opportunities for future consolidation of parks or open space areas;
b. Parks or open space must be located within the subdivision or neighborhood where it can be easily expanded and accessed by streets, bikeways or pedestrian paths;
c. The park area must be landscaped, irrigated and developed in such a way to provide a recreational amenity to the public or the residents of the subdivision;
d. The preservation of important natural elements such as a meadow, a grove of trees, a wildlife corridor, a stream or other water body, a hillside or steep slope, an area of riparian resource or some other natural feature;
e. Stormwater management facilities in park and open space areas may be acceptable provided they are incorporated as a natural feature within the park area and do not exceed one-third (1/3) of the area dedicated as a park or open space;
f. A site for active recreation on slopes which average three percent (3%) or less. Grade standards will vary depending on the use proposed;
g. Where appropriate, open spaces intended for recreational or public use must be easily accessible to pedestrians and meets the special needs of people with disabilities, children and the elderly;
h. When open space or a general common area is being used to meet park dedication requirements, the open space must remain in a substantially natural state when it has been dedicated for preservation or conservation purposes. Bike or pedestrian trail connections using open space designations, as appropriate and practical, are encouraged;
i. Linear parks that serve as pedestrian paths or trail systems within the subdivision or that will provide a connection to adjacent properties for the future continuation of the path or trail. A linear park should be a minimum of thirty feet (30') wide that incorporates a bike/pedestrian path with a minimum width as defined in the current city engineering standards, landscaping, a slope of less than six percent (6%) and affords easy access by the residents of the subdivision or the public, and should provide for the extension of an existing or future trail;
j. Parking areas and rights of way located within the open space area must count toward the required open space/park requirements if they are provided for access and use of the open space or common area;
k. In general, public and private parks require four (4) dedicated parking spaces per acre of usable park area within close proximity to the park land in order to provide reasonable access;
l. Other parks, open space, or common area designs which meet the intent of this section and meet the goals adopted for neighborhood parks and open space, and area plans.
E. Cash In Lieu Of Park Land:
1. Where, because of size, topography, shape, location, or other circumstances, the dedication of land for parks and playgrounds is undesirable, the city may make an order to be endorsed and certified on the plat accepting a cash donation in lieu of the dedication of land that would have been dedicated. For the purpose of this chapter, the fair market value is the value of undivided, unimproved land at the time of final plat submittal.
2. It is the responsibility of the subdivider to provide satisfactory evidence of the fair market value. The fair market value is the appraised land value as determined by the state of Montana department of revenue for the most current tax year at the time of final plat submittal. For property being appraised by the state of Montana as agricultural or forest land, the applicant must submit an appraisal no more than sixty (60) days old with the final plat application for the purpose of determining fair market value.
3. The city will use the dedicated money to acquire, develop or maintain within its jurisdiction parks or recreational areas or for the purchase of public open space or conservation easements only if:
a. The park, recreational area, open space or conservation easement is within a reasonably close proximity to the proposed subdivision, as may be further defined in an adopted city policy;
b. A park plan has been formally adopted that establishes the needs and procedures for the use of the money.
4. The city may not use more than fifty percent (50%) of the dedicated money for park maintenance, as defined in an adopted city policy. (Ord. 09-23, 11-16-2009; amd. Ord. 12-04, 2-6-2012; Ord. 15-19, 1-4-2016; Ord. 21-15, 9-20-2021)