[R.O. 2011 §400.700; Ord. No. 01-10 §1(14.01), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Subject to Subsection (C), all residential development in excess of five (5) acres in size shall provide (through dedication or reservation; see Sections 400.708 and 400.710) recreational areas in the form of mini-parks (as described in Section 400.700) in an amount equal to twenty-five ten-thousandths (.0025) acres (one hundred eight and nine-tenths (108.9) square feet) per person expected to reside in that development (as determined in accordance with Subsection (B)). Such recreational areas shall be provided in addition to the open space areas required by Section 400.705. Residential subdivisions or resubdivisions developed in phases shall be governed by this requirement when the cumulative acreage equals or exceeds five (5) acres.
For purposes of this Section, one (1) bedroom dwelling units shall be deemed to house an average of one and four-tenths (1.4) persons, two (2) bedroom units two and two-tenths (2.2) persons, three (3) bedroom units three and two-tenths (3.2) persons and units with four (4) or more bedrooms four (4.0) persons. In residential subdivisions that are not approved as architecturally integrated subdivisions, each lot that is large enough for only a single dwelling unit shall be deemed to house an average of three and two-tenths (3.2) persons. Each lot that is large enough to accommodate more than one (1) dwelling unit shall be deemed to house two and two-tenths (2.2) persons for each dwelling unit that can be accommodated.
The City Council recognizes that mini-parks must be of a certain minimum size to be usable and that such mini-parks will not serve the intended purpose unless properly maintained. Therefore, residential developments that are small enough so that the amount of required mini-park space does not exceed two thousand (2,000) square feet are exempt from the provisions of this Section. However, as used in the foregoing sentence, the term "development" refers to the entire projected developed on a single tract or contiguous multiple tracts under common ownership, regardless of whether the development is constructed with the approval and acceptance of the Trenton Park Board in phases or stages. In addition, subdivided residential developments of less than fifty (50) dwelling units shall also be exempt from the provisions of this Section.
[R.O. 2011 §400.703; Ord. No. 01-10 §1(14.02), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
The purpose of the mini-park is to provide adequate active recreational facilities to serve the residents of the immediately surrounding neighborhood within the development. The following are illustrative of the types of facilities that shall be deemed to serve active recreational needs and therefore to count toward satisfaction of the mini-park requirements of this Article: tennis courts, racquetball courts, swimming pools, sauna and exercise rooms, meeting or activity rooms within clubhouses, basketball courts, swings, slides and play apparatus.
Each development shall satisfy its mini-park requirement by installing the types of recreational facilities that are most likely to be suited to and used by the age bracket of persons likely to reside in that development. However, unless it appears that less than five percent (5%) of the residents of any development are likely to be children under twelve (12), then at least fifteen percent (15%) of the mini-park must be satisfied by the construction of "tot lots" (i.e., areas equipped with imaginative play apparatus oriented to younger children as well as seating accommodations for parents).
The total acreage of mini-parks required by Section 400.690 shall be divided into mini-parks of not less than two thousand (2,000) square feet nor more than thirty thousand (30,000) square feet.
Mini-parks shall be attractively landscaped and shall be provided with sufficient natural or manmade screening or buffer areas to minimize any negative impacts upon adjacent residences.
Each mini-park shall be centrally located and easily accessible so that it can be conveniently and safely reached and used by those persons in the surrounding neighborhood it is designed to serve.
Each mini-park shall be constructed on land that is relatively flat, dry and capable of serving the purposes intended by this Article.
[R.O. 2011 §400.705; Ord. No. 01-10 §1(14.03), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Except as provided in Subsection (C), every residential development shall be developed so that at least five percent (5%) of the total area of the development remains permanently as usable open space.
For purposes of this Section, "usable open space" means an area that:
Is not encumbered with any substantial structure;
Is not devoted to use as a roadway, parking area or sidewalk;
Is left (as of the date development began) in its natural or undisturbed state if wooded, except for the cutting of trails for walking or jogging, or, if not wooded at the time of development, is landscaped for ball fields, picnic areas or similar facilities or is properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objective set forth in Subdivision (4);
Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; and
Subdivided residential developments of less than twenty-five (25) dwelling units are exempt from the requirements of this Section unless the City agrees that it will accept an offer of dedication of such open space and in that case the offer of dedication shall be made.
[R.O. 2011 §400.708; Ord. No. 01-10 §1(14.04), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Except as provided in Section 400.710, recreation facilities and usable open space required to be provided by the developer in accordance with this Article shall not be dedicated to the public but shall remain under the ownership and control of the developer (or his or her successor) or a homeowners' association or similar organization that satisfies the criteria established in Section 400.710.
[R.O. 2011 §400.710; Ord. No. 01-10 §1(14.05), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
If any portion of any lot proposed for residential development lies within an area designated on the officially adopted recreation master plan as a neighborhood park or part of the greenway system or bikeway system, the area so designated (not exceeding five percent (5%) of the total lot area) shall be included as part of the area set aside to satisfy the requirement of Section 400.705. This area shall be dedicated to public use.
If more than five percent (5%) of a lot proposed for residential development lies within an area designated as provided in Subsection (A), the City may attempt to acquire the additional land in the following manner:
[R.O. 2011 §400.713; Ord. No. 01-10 §1(14.06), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Homeowners' associations or similar legal entities that, pursuant to this Section, are responsible for the maintenance and control of common areas, including recreational facilities and open space, shall be established in such a manner that:
Provisions for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied;
The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities;
The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities.
[R.O. 2011 §400.715; Ord. No. 01-10 §1(14.07), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
The requirement set forth in this Article concerning the amount, size, location and nature of recreational facilities and open space to be provided in connection with residential developments are established by the Council as standards that presumptively will result in the provision of that amount of recreational facilities and open space that is consistent with officially adopted City plans. The Council recognizes, however, that due to the particular nature of a tract of land or the nature of the facilities proposed for installation or other factors, the underlying objectives of this Article may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the permit-issuing body is authorized to permit minor deviations from these standards whenever it determines that: