[R.O. 1991 § 425.200; Ord. No. 2901-14 § 1, 8-5-2014]
A.
It is the policy of the City of Smithville,
as contained in its Comprehensive Plan, that all newly platted or
replatted subdivisions in residential zoning districts shall provide,
by the methods in this Article, for the placement of recreational
open spaces, walking trails, and other park areas based upon the impact
the intended residents will have upon the City park infrastructure.
Such open space shall be for either public recreational use or for
the future use of the residents of that subdivision in order to ensure
the proper balance of land use, design of urban areas and avoidance
of the overcrowding of the land, or by payment of a fee in lieu of
dedication to be used to improve other adjacent dedicated parks. The
subdivider shall fulfill this open space requirement in any new preliminary
plat or final plat by one or more of the following:
B.
The City shall have the right to determine
the acceptability of the applicant's proposal to meet this requirement,
as it deems appropriate, in accordance with the Comprehensive Plan
in effect at the time of application, and in the best interest of
the City. A combination of any or each of the three (3) options may
be considered by the City to reach minimum compliance. The final determination
as to which option or combination of options best meet the Comprehensive
Plan's intent shall be the City's.
[R.O. 1991 § 425.210; Ord. No. 2901-14 § 1, 8-5-2014]
A.
For purposes of determining the minimum
amount of land necessary to be dedicated to the use of the public,
the City of Smithville utilizes the following formula:
1.
The number of total dwelling units
proposed in the preliminary plat, or final plat if no preliminary
plat is required, multiplied by the census density. The census density
is the average number of residents per dwelling unit as reported in
the previous decennial census of the City of Smithville. The product
of that calculation is then to be multiplied by two one hundredths
(0.02), which represents the National Recreation and Parks Association
recommended amount of acreage to serve one hundred (100) people [two
(2) acres per one hundred (100) persons]. The formula can be expressed
as follows:
a.
Number of dwelling units proposed
X census density X 0.02 = minimum acreage.
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For example, a proposed one-hundred-lot
single-family subdivision, multiplied by the census density, multiplied
by 0.02 would be: (100 X 3.1* X 0.02) = 6.2 acres.
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*3.1 is the census density of Smithville
households based upon the 2010 decennial census
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B.
All applicants are encouraged to review
the Comprehensive Plan to determine the potential locations of public
park areas, and to assess the current locations of existing dedicated
space for any preexisting parks prior to laying out any subdivision.
To calculate the number of acres proposed in a preliminary plat application,
the total area of any park area that is located in accordance with
the Comprehensive Plan, the plan's Open Space Corridor Plan Map and
not duplicative of an area previously dedicated in another subdivision
shall be calculated on a one-to-one basis, where each square foot
of dedicated land will be counted towards the dedication requirement;
if such dedication includes walking trails in accordance with the
Comprehensive Plan requirements or provides connectivity to other
subdivisions, the area shall be calculated by using a twelve-foot-wide
area, the length of the proposed trail, and included as dedicated
land on a one-to-one basis. In addition to meeting the Comprehensive
Plan requirements, such area must be contiguous to or accessible from
a dedicated public street via a public access easement.
C.
Any private open space proposed to be dedicated
solely for the use of the subdivision property owners, or additional
walking trails not in accordance with the Comprehensive Plan or providing
connectivity to other subdivisions may also be calculated in the area
to be dedicated, but only at the rate of fifty percent (50%) of the
total area may be counted to reach the minimum required dedication
of this Section. Any areas in the proposed plat dedicated as a drainage
easement, a utility easement, or yards, court areas, setbacks or other
open areas required by the zoning codes or building codes shall not
be counted in any aspect in determining the minimum required dedication
of this Section, unless such area includes walking trails, which shall
be calculated in accordance with its compliance with the Comprehensive
Plan or connectivity requirements above.
[R.O. 1991 § 425.220; Ord. No. 2901-14 § 1, 8-5-2014]
In the event that the proposed development
is not suited for parks, trails or other open spaces; or if the need
for a public park area is adequately served by another dedicated park
area located in accordance with the Parks of the City of Smithville,
the applicant may request, or the City may require, a payment of fee
in lieu of a dedication of land in accordance with this Article. In
order to calculate this fee in lieu of dedication, the City or applicant
shall tally the total number of dwelling units proposed in the preliminary
plat. For purposes of this calculation, a dwelling unit shall be counted
as one for a single-family residence, two for a duplex structure,
etc. Each dwelling unit shall be assessed a fee of six hundred twenty-five
dollars ($625.00), payable as a condition to approval of a final plat.
Such fee shall be deposited in the Parks Capital Improvement Fund
of the City of Smithville and shall not be used for maintenance and
operation expenses of any park. It is encouraged that this fee be
used to enhance or improve the amenities of the public park closest
to the location of the property identified in the application, but
the City maintains the right to utilize such funds on capital improvements
in any park in the City's system. In the event a combination of land
dedication and payments in lieu of dedication is approved, the proposed
fee shall be based upon a pro-rata share of the acreage required under
this Article, and the amount approved to be dedicated.
[R.O. 1991 § 425.230; Ord. No. 2901-14 § 1, 8-5-2014]
A.
Any such dedication of land for public
parks or subdivision parks shall be indicated on both the preliminary
plat and any final plat. All such dedicated areas designated for public
use, or walking trails that are in accordance with the Comprehensive
Plan or providing connectivity, shall be so dedicated in the final
plat; areas designated as a subdivision park, or additional walking
trails not in accordance with the Comprehensive Plan or providing
connectivity to other subdivisions shall indicate private ownership
and maintenance and shall have sufficient written agreements or recorded
covenants that run with the land and which are not subject to elimination
without the express written consent of the City for perpetual maintenance.
B.
Any park, trail or open space approved
in a preliminary plat shall be open and accessible following the development
of thirty percent (30%) of the lots in the development proposed, or
in accordance with an approved development agreement.
C.
In the event that the proposed plat includes
a combination of land dedication and payments in lieu of dedication,
the amount of such payment shall be extrapolated by first identifying
the number of dwelling units to be served by any such dedication that
is calculated on a one-to-one basis, and subtracting the result from
the total number of dwelling units proposed.
