HomeMy WebLinkAboutChapter_50 Park and Recreation Requirements
Title 18
Chapter 50
PARK AND RECREATION REQUIREMENTS
Sections:
18.50.010 General
18.50.020 Park Area Requirements
18.50.030 Cash Donations In-lieu of Land Dedication
18.50.040 Park Use
18.50.050 Location
18.50.060 Frontage
18.50.070 Linear Parks
18.50.080 Park Development
18.50.090 Waiver of Park Maintenance District
18.50.100 Waiver of Required Park Dedication
18.50.110 Recreation Pathways
18.50.010 General
Except as provided in 9 18.50.020.8 of this chapter, all subdivisions and residential
developments subject to Chapter 18.34, shall comply with the provisions of this chapter. (Ord.
16459 1, 2005)
18.50.020 Park Area Requirements
A. The area required by S 18.50.020.A shall be provided. The required area or its
equivalent may be provided by any combination of land dedication, cash donation in-lieu
of land dedication, or an alternative authorized by 9 18.50.100, subject to the standards
of this title:
1. When the net residential density of development is known,
threewonewhundredths (0.03) acres per dwelling unit of land shall be
provided.
a. When the net residential density of development is known at the
time of preliminary plat and net residential density is in excess of
eight dwellings per acre, the requirement for dedication for that
density above eight dwellings per acre shall be met with a cash
donation in-lieu of the additional land unless specifically
determined otherwise by the City Commission.
b. These requirements are based on the community need for parks
and the development densities identified in the growth policy and
this title.
c. Net residential density of development is known when a plat or
site plan depicts a set number of lots and the final number of
residential units at full buildout can be reasonably determined.
OR
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2. If net residential density of development is unknown, .03 acres per dwelling
of land dedication or its equivalent shall be provided as follows:
a. For initial subdivision or other development:
(1) For development within the R-1, R-2, and RMH zoning
districts, an area equal to that required for six dwellings
per net acre;
(2) For development within the R-3, R.4, and, unless legally
restricted from residential uses, R.O zoning districts, an
area equal to that required for eight dwellings per net
acre;
(3) For development within other zoning districts not
previously specified and which are intended for
residential development, the equivalent to an area
dedication for six dwellings per net acre shall be
provided as cash-in-Iieu.
b. For subsequent development when net residential density
becomes known, the net residential density per acre shall be
rounded to the nearest whole number and applied as follows:
(1) For development within the R-1, R-2, and RMH zoning
districts, the land area equivalent for the additional net
residential density not to exceed a total, including prior
dedications, of 10 dwellings per acre shall be provided
as cash-in-lieu;
(2) For development within the R-3, R-4, and R-O zoning
districts, the land area equivalent for the additional net
residential density not to exceed a total, including prior
dedications, of 12 dwellings per acre shall be provided
as cash.in.lieu;
(3) For development within other zoning districts not
previously specified and developed for residential uses,
the additional net residential density not to exceed a
total, including prior dedications, of 12 dwellings per acre
shall be provided as cash.in.lieu.
3. Applicability to Site Plans. Section 18.50.020.A.2, shall not apply to
subsequent site plan development located within major subdivisions which
received preliminary plat approval after July 1, 1973 and which received
final plat approval prior to October 1, 2005.
B. Exceptions. Land dedication or cash donation in-lieu of land dedication shall not be
required for:
1. A minor subdivision;
2. Land proposed for subdivision into parcels larger than 5 acres;
3. Subdivision into parcels which are all nonresidential;
4. A subdivision in which parcels are not created, except when that
subdivision provides permanent multiple spaces for recreational camping
vehicles or manufactured homes;
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5. A subdivision in which only one additional parcel is being created;
6. An application reviewed under 9 18.34.050. (Ord. 1645 9 1, 2005)
18.50.030 Cash Donation In-lieu of Land Dedication
A. The City Commission may determine whether the park dedication must be a land
dedication, cash donation in.lieu of land dedication, or a combination of both. When
making this determination, the City Commission shall consider the following:
1. The desirability and suitability of land for parks and playgrounds based on
size, topography, shape, location, or other circumstances; and
2. The expressed preference of the developer.
B. When a combination of land dedication and cash donation in-lieu of land dedication
is required, the cash donation may not exceed the proportional amount not covered
by the land dedication.
C. Cash donation in.lieu of land dedication shall be equal to the fair market value of the
amount of land that would have been dedicated. For the purpose of these
regulations, the fair market value is the value of the unsubdivided, unimproved land
after it has been annexed and given an urban zoning designation. The City intends
to obtain the highest value for cash-in-Iieu of parkland that is allowable under
Montana law.
1. It shall be the responsibility of the developer to provide an appraisal of the
fair market value by a certified real estate appraiser of their choosing. The
appraisal fee shall be the responsibility of the developer.
2. When a land value must be established for cash.in.lieu of land dedication
to satisfy the requirements of 9 18.50.020, and the value of the land in an
unsubdivided, unimproved, but annexed and zoned condition can not
reasonably be determined, the developer may provide an appraisal of
residentially zoned property with a zoning designation that allows the
density of dwellings proposed for development.
3. The appraisal provided for the purpose of 9 18.50.030 shall be conducted
not sooner than 90 days prior to the submittal of an application for final plat
or final site plan approval.
D. Where a cash donation has been accepted in-lieu of land dedication, the amount
of cash donation shall be stated on the final plat or plan as appropriate.
E. Where a cash donation has been accepted in-lieu of land dedication, the City
Commission shall record in the meeting minutes why the dedication of land for
parks and playgrounds was undesirable.
F. Use of Cash Donations
1. The City Commission shall use a cash donation for development or
acquisition of parks to serve the development.
2. The City Commission may use the cash donation to acquire or develop
parks or recreational areas within its jurisdiction 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
development; and
b. The City Commission has formally adopted a citywide park plan
that establishes the needs and procedures for use of the cash
donation. (Ord. 1645 S 1,2005)
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18.50.040 Park use
As part of a Park Master Plan, the developer shall indicate the proposed use of the park as
active, passive, playground, ballfield, etc. However, the final use of the park shall be determined
by the City Commission. (Ord. 1645 9 1, 2005)
18.50.050 Location
A. General. The City Commission or Planning Director, in consultation with the
developer, Recreation and Parks Advisory Board, and the Planning Board, if
applicable, may determine suitable locations for parks and playgrounds. Park land
must be located on land suitable to and supportive of the activities and functions
depicted in the relevant park plan, and, unless the park plan indicates a requirement
for another configuration, should be kept in a large block.
B. Subarea or Neighborhood Plans. If a subarea or neighborhood plan has been
adopted for the area, the subdivision shall comply with the subarea or neighborhood
plan for the location of parks. (Ord. 1645 S 1, 2005)
18.50.060 Frontage
Park land shall have frontage along 100 percent of its perimeter on public or private streets
or roads. The City may consider and approve the installation of streets along less than 100
percent, but not less than 50 percent, of the perimeter when:
A. Necessary due to topography, the presence of critical lands, or similar site
constraints; and
B.
1. When direct pedestrian access is provided to the perimeters without street
frontage; and
2. When additional land area is provided in the park to accommodate the
off-street parking which would have otherwise been provided by the
additional length of perimeter streets and the additional land is developed
as a parking area; or
3. When additional land area is provided in the park to accommodate the
off-street parking which would have been provided by the additional length
of perimeter streets and, in lieu of the constructed parking area, an
equivalent dollar value of non-parking improvements within the park are
provided according to the individual park plan. (Ord. 1645 S 1, 2005)
18.50.070 Linear Parks
A. General. If consistent with a growth policy or citywide park plan, and if reviewed
and approved by the City Commission, linear parks shall be dedicated to the City
to provide corridors for recreation pathways as defined in 9 18.50.110.
1. Pathway corridors within required watercourse setbacks shall not be
dedicated to the city as linear parks and such land may not be used to
satisfy park land dedication requirements. Instead, cash donation in.lieu
of land dedication credit shall be granted only for the cost of constructing
Class II or III recreational trails if public access is provided. The developer
shall provide a detailed cost estimate for installation of the trail, for review
and acceptance by the City, to determine the cash donation credit.
a. Within required watercourse setbacks, a public access easement
that is at least 25 feet in width shall be provided to ensure
adequate room for the construction, maintenance, and use of the
trai I.
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B. Width. To ensure adequate room for pathway construction, maintenance, and use,
linear parks shall be at least 25 feet in width.
C. Maintenance. These areas shall be maintained in accordance with S 18.50.11 O.E
until an alternative method (e.g., a citywide parks maintenance district) of funding
and maintaining the linear park is established. (Ord. 1645 9 1, 2005)
18.50.080 Park Development
A. General. Developers shall consult any adopted citywide park plan, and with the
Recreation and Parks Advisory Board which implements the plan, to determine the
types of parks needed for the proposed development and surrounding area. Parks
shall be developed in accordance with the citywide park plan and any approved
Park Master Plan. At a minimum, all parks shall be improved to the following
standards by the developer, prior to final plat or final occupancy approval as
appropriate:
1. Minimum Required Improvements Land Dedications. The subdivider shall
be responsible for leveling any park area(s), amending the soil, seeding
disturbed areas to allow mowing with turf type mowers, and installing an
underground irrigation system in compliance with city standards and
specifications.
a. Parks shall be seeded with drought tolerant grass seed.
2. Irrigation. The developer shall be responsible for irrigating the park area(s)
until 50 percent of the subdivision lots or condominium units are sold.
Thereafter, the property owners association shall be responsible for park
irrigation. The property owners' association could establish an
improvement district to collect assessments to pay for irrigation.
a. Wells shall be used to irrigate park land.
B. Boundaries. The park boundary bordering all private lots shall be delineated at the
common private/public corner pins, with flat, flexible fiberglass posts, a minimum of
6 feet in length with no less than 2 feet driven into the ground. Each post must be
labeled with a permanent glue on sign stating "Park Boundary" or "Property
Boundary". Other forms of boundary marking may be approved by the Planning or
other appropriate department.
C. Sidewalks. Sidewalks, when required within the development, shall be installed by
the developer at points where the park borders or crosses public or private streets.
D. Storm Water Detention/Retention Ponds. Stormwater retention or detention ponds
may be located within public park land, but such areas shall not count towards the
park land dedication requirement. Any stormwater ponds located on park land shall
be designed, constructed, and/or added to so as to be conducive to the normal use
and maintenance of the park. Storm water pondS shall not be located on private
lots. Stormwater retention or detention ponds shall be maintained by the property
owners association.
E. Clean Up Required. The park area must have all fencing material, construction
debris, and other trash removed. (Ord. 1645 S 1, 2005)
18.50.090 Waiver of Park Maintenance District
When required, the developer shall sign and file at the County Clerk and Recorders Office,
a waiver of right to protest the creation of park maintenance district(s). The waiver shall be filed
with the final subdivision plat or recorded at the time of other final approval. (Ord. 1645 S 1, 2005)
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18.50.100 Waiver of Required Park Dedication
The City Commission shall waive the park dedication or cash donation in-lieu of land
dedication requirement if land equal to or exceeding the area of the dedication otherwise required
by this chapter is set aside by one of the following means:
A. The proposed development provides long-term protection of critical wildlife habitat;
cultural, historical, archeological, or natural resources; agricultural interests; or
aesthetic values.
B. The proposed development provides for a planned unit development or other
development with land permanently set aside for park and recreational uses
sufficient to meet the needs of the persons who will ultimately reside in the
development.
C. The development is a land subdivision created by rent or lease (i.e., manufactured
housing communities and recreational vehicle parks) with land permanently set
aside for parks or playgrounds within the subdivision for rent or lease for the
common use of the residents of the development:
1. These park or playground areas shall be maintained by the property
owners association.
D. The developer provides for land outside of the subdivision to be set aside for park
and recreational uses sufficient to meet the needs of the persons who will ultimately
reside in the subdivision.
1. The land being developed shall be within the service area, as designated
by an adopted citywide park plan, of the dedicated park land; and
2. The developer must dedicate the off-site park land to the City of Bozeman;
OR
The developer must execute the appropriate public access easements on
privately-owned land. The easements shall be held by the City of
Bozeman. The City of Bozeman's responsibilities for park land dedicated
by easement shall be the same as for fee simple park land dedication.
E. The developer provides land outside the development that affords long-term
protection of critical wildlife habitat; cultural, historical, archeological, or natural
resources; agricultural interests; or aesthetic values; and the area of the land to be
subject to long-term protection equals or exceeds the area of the dedication
otherwise required by this chapter.
F. A subdivider may dedicate land to School District 7 to provide some or all of the
land area required by 9 18.50.020. The area dedicated to the school district may
be used for school facilities or buildings, including but not limited to play grounds or
other recreational facility. Any dedication to the school district shall be subject to the
approval of the City Commission and acceptance by the Board of Trustees of
School District 7.
1. In approving a dedication of land to the school district the City Commission
shall make affirmative findings that:
a. Adequate public park land already exists within the vicinity of the
dedicating subdivision to meet service standards established by
the City's parks master plan;
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b. The land is located within the city limits or within one mile of city
limits;
c. The school district has established a facility plan to demonstrate
how the dedicated property will be utilized;
d. The school district's facility plan shall describe any coordination
intended for joint use of the property by the school district and the
city; and
e. The option for cash-in-lieu of land described in S 18.50.030 shall
not be used in place of a land dedication to the School District.
2. It shall be noted in a certificate on the plat and in any deed to the land that
if School District 7 later chooses to dispose of the property, it shall revert
to the City of Bozeman to be used for park purposes. The land shall be
transferred to the City from School District 7 with clear title and in a
condition meeting the minimum development standards for parks
established in 9 18.50.080.
G. If a tract of land is being developed under single ownership as a part of an overall
plan, and part of the tract has previously been subdivided or developed, and
sufficient park land dedication or cash donation in-lieu of land dedication has been
provided from the area that has been previously subdivided or developed to meet
the requirements of this section for the entire tract being developed, the City
Commission shall issue an order waiving the land dedication and cash donation
requirements for the subsequently developed area. (Ord. 1645 9 1, 2005)
18.50.110 Recreation Pathways
A. General. Developers shall install pathways in accordance with this title, the growth
policy, the Greater Bozeman Area Transportation Plan Year 2001 Update, any
adopted citywide park plan, and any adopted Park Master Plan, and shall comply
with City of Bozeman design specifications.
B. Pathway Categories. The DRC shall be responsible for determining whether a
pathway is a transportation pathway or a recreation pathway. For subdivision
proposals, this determination shall be made during the pre-application process.
1. Recreation Pathways. The City Commission may require developers to
install recreation pathways, to provide recreational and physical fitness
opportunities within the development, as part of the required development
improvements. Recreation pathways include the following facilities:
a. Pathways that do not connect major residential, employment,
educational, or service nodes;
b. Pathways that connect parks, but do not connect major
residential, employment, educational, or service nodes;
c. Pathways that are not ADA accessible due to topography;
d. Pathways located within parks; and
e. Class II and III trails.
2. Transportation Pathways. For the definition of transportation pathways,
please see S 18.44.110.
C. Related Facilities. If pathways are proposed or required, stream crossings and
other similar improvements, where necessary, shall be installed. Bridge design and
construction shall comply with city specifications and standards, and shall be
submitted to the Planning Department for review and approval. Any necessary
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permits for bridges shall be obtained by the developer from the appropriate agency
prior to installation of the stream crossings.
D. Trail Requirements. The class of the trail shall be determined by the Recreation and
Parks Advisory Board, and the trail shall be designed and constructed according to
any adopted park or recreation plan or other city specifications and standards.
Trails and bridges must meet Americans with Disabilities Act (ADA) specifications
for recreational facilities and maintain a natural appearance. Trail plans and
specifications shall be submitted to the Planning Department for review and
approval prior to installation.
E. Pathway Maintenance. Recreation pathways within the proposed development
shall be maintained, in conformance with an approved maintenance plan, by the
developer until 50 percent of the lots or condominium units are sold. Thereafter the
property owners association shall be responsible for maintenance. The property
owners association could establish an improvement district to collect assessments
to pay for the maintenance.
F. Pathway Easements. Where pathways cross private land or common open space,
the proper public access easements shall be provided. Public access easements
for pathways shall be at least 25 feet wide. (Ord. 1645 9 1, 2005)
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