[R.O. 2011 §400.700; Ord. No. 01-10 §1(14.01), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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).
C.
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.
D.
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.
E.
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.
F.
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]
A.
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.
B.
For
purposes of this Section, "usable open space" means
an area that:
1.
Is not encumbered with any substantial structure;
2.
Is not devoted to use as a roadway, parking area or sidewalk;
3.
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);
4.
Is capable of being used and enjoyed for purposes of informal and
unstructured recreation and relaxation; and
5.
Is legally and practicably accessible to the residents of the development out of which the required open space is taken or to the public if dedication of the open space is required pursuant to Section 400.710.
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Consists of land no more than twenty-five percent (25%) of which lies within a floodplain or floodway as those terms are defined in Section 400.803.
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C.
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]
A.
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]
A.
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.
[R.O. 2011 §400.713; Ord. No. 01-10 §1(14.06), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
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:
1.
Provisions for the establishment of the association or similar entity
is made before any lot in the development is sold or any building
occupied;
2.
The association or similar legal entity has clear legal authority
to maintain and exercise control over such common areas and facilities;
3.
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]
A.
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:
