(a) In the case of a residential development, adequate recreational space shall be included as part of the development plans as follows unless specifically indicated otherwise by the Planning Commission or a formally adopted recreational plan:
Dwelling Units | Minimum Acres Required |
1 - 5 | None |
6 - 12 | 1/4 |
13 - 50 | 1 |
51 - 100 | 4 |
(Ord. 19-1991 §13. Passed 7-2-91.)
(b) Where a proposed park, playground, open space or other local or neighborhood recreation site is shown on the Comprehensive Plan or where the City considers that a local recreation site is necessary to carry out the purpose of this Subdivision and Land Development Ordinance, the City may require the dedication of all or a portion of such site in accordance with the above standard.
(Ord. 12-1982 §6.90. Passed 11-3-82.)
(c) Where the application of these standards would result in an open space or recreation site too small to be usable, or if the Comprehensive Plan calls for such local recreation site to be located elsewhere or if a suitable site cannot be properly located in the land development, as determined by the City, a payment of a fee in lieu of dedication of such land is required. The following procedure shall be followed:
(1) The amount of the fee shall be determined by City resolution on a lot or dwelling unit basis shown on the final plan.
(2) The fee shall be paid to the City prior to the approval of the final plan.
(3) The land or fees, or combination thereof, are to be used only for the purpose of providing park or recreational facilities accessible to the development.
(4) The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the development or subdivision.
(5) A fee authorized under this subsection shall, upon its receipt by the City, be deposited in an interest-bearing account, clearly identifying the specific recreation facilities for which the fee was received. Interest earned on such accounts shall become funds of that account. Funds from such accounts shall be expended only in properly allocable portions of the cost incurred to construct the specific recreation facilities for which the funds were collected.
(6) Upon request of any person who paid any fee under this subsection, the City shall refund such fee, plus interest accumulated thereon from the date of payment, if the City had failed to utilize the fee paid for the purposes set forth in this section within three years from the date such fee was paid.
(Ord. 19-1991 §13. Passed 7-2-91.)
(d) In lieu of requiring the dedication of a recreation or park site, or a fee for this purpose, Council may permit a private site to be used if:
(1) In its judgment the purposes of these regulations regarding recreation and park sites shall be accomplished; and
(2) The private use is permanently devoted to recreation and park use and adequately secured for such use by deed covenants or other private restrictions.
(Ord. 12-1982 §6.90. Passed 11-3-82.)