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97-9832 Subdivision Regulations.. i ORDINANCE NUMBER 97-9832 AN ORDINANCE PROVIDING FOR THE ADDITION OF SECTION 1 TO CHAPTER 36 OF THE SALINA CODE PERTAINING TO SUBDIVISION 'FULATIONS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 36-81 of the Salina Code is hereby added to read as "Sec. 36-81. Dedication of public park land. (a) General requirement. In subdividing or resubdividing land zoned and intended for residential use, the developer shall dedicate or reserve land for public park purposes, or pay a fee in lieu of dedication, or select a combination of dedication and a fee. The method chosen to meet this requirement shall be determined by the developer with consideration given to the standards set out in these regulations and the recommendation of the parks and recreation advisory board. Provided however, the board of commissioners shall not be obligated to accept a dedication or reservation of land even if the final plat approved by the planning commission includes a dedication or reservation. (b) Amount of dedication. The number of acres of land required to be dedicated or reserved shall be determined from the following table, which is based on the density of development as permitted by the zoning of the property being subdivided. The area required to be dedicated or reserved shall be exclusive of all street rights-of-way and drainage detention pond easements. Zoning of Area RS Residential Suburban R, R-1 Single-family Residential R-2 Multi -family Residential R-2.5 Multi -family Residential R-3 Multi -family Residential PDD Residential Percent of Total Land Area Being Subdivided to be Dedicated or Reserved for Park Purposes 2 percent 5 percent 6 percent 8 percent 10 percent 2-10 percent (c) Location and design standards. Any land dedicated or reserved shall conform with the Comprehensive Plan of the city and be consistent with the plans and policies of the parks and recreation advisory board. The location, size and configuration of the land to be dedicated or reserved shall be determined by the design of the streets, lots, and blocks of the subdivision with consideration given to the preservation of natural physical features. All lands to be dedicated or reserved shall meet the following standards, unless a variation or exception is granted as provided in Section 36-10: (1) No dedications or reservations shall be accepted from subdivisions of tracts containing less than twenty (20) acres. (2) The dedicated tract shall contain not less than two (2) contiguous acres and be a minimum of two hundred (200) feet at the narrowest dimension. (3) The dedicated tract shall have at least two hundred (200) feet of street frontage and be easily accessible to residents of adjacent subdivisions. Consideration shall be g ven to placing parks where they can be added to by future subdivisions. (4) At least fifty percent (50%) of the dedicated tract shall have a grade of less than four percent (4%). The balance may consist of steep slopes, streams, ditches, lakes or other natural features. (5) Natural features such as wooded areas, streams, oxbows, and other natural assets shall be preserved whenever possible. (d) Payment in lieu of dedication. In the event the land to be dedicated or reserved is less than the amount of acreage required or the land does not meet the location and design standards, the payment of a fee in lieu of dedication shall be required. The fee shall be based on the total number of dwelling units permitted within the subdivision times a fee schedule for each dwelling unit type. Said fee schedule shall be as established by Ordinance Number -97- 9847 and any amendments thereto. Any fees collected shall be placed in a Neighborhood Park Account and used for improvement of neighborhood parks including acquisition of land. Such fees must be used for land and facilities that will be located in the neighborhood park service area of the subdivision from which the fees were collected. A record of fees paid into and expended from the fund, shall be kept by the city. In the event funds have not been expended on such purposes within Fifteen (15) years from the date received then the fees shall be refunded in the following manner: (1) If paid in full at the time of platting, to the developer. (2) If paid at the time of the building permit, to the record property owner at the time of the refund. (e) Creditor private open space. Private open space for park and recreational purposes within a roposed development may be credited for up to fifty percent 50%) of the requirement for dedication of public park land or payment of a fee in lieu thereof provided that the following standards are met: (1) That yards, setbacks and other open areas required by zoning and building regulations shall not be included in computing the area set aside as private open space. (2) That the private open space shall be reasonably useable for park and recreation purposes. (3) That the private open space shall be perpetually restricted for park and recreation purposes by recorded plat or restrictive covenant. (4) That the private open space shall be permanently owned and maintained by the owner of the development or by a legally established homeowners association. (f) Indication on preliminary plat. At the time of preliminary Plat submittal, the developer shall indicate whether a dedication of and or a fee in lieu of dedication is being proposed. Any land proposed to be dedicated shall be shown on the preliminary plat. The proposed plat shall be referred to the parks and recreation advisory board for review and recommendation. (g) Prerequisite for final plat approval. When land is being dedicated it shall be shown on the final plat and marked "Dedicated for Public Park Purposes". Such dedications shall not be effective until the dedication has been specifically accepted by the board of commissioners. When a fee in lieu of dedication is required, total payment shall be made prior to final plat approval by the board of commissioners or, at the option of the developer, payment may be made at the time of issuance of a building permit on each individual lot. In the latter case, the fee shall be in accordance with the fee schedule referenced in section (d). (h) Reservation of park land. In some cases, the board of commissioners may determine that the reservation of park land for future dedication is more appropriate than immediate dedication of such land. In such cases, the land to be reserved shall be shown on the final plat and marked "Reserved for Public Park Purposes" and a covenant shall be written on the recorded plat indicating the latest date, time and manner in which dedication shall occur. Such future dedications shall be at no cost to the city except for the reimbursement of any costs paid by the owner for street, utility, drainage, and other public improvements benefitting the reserved land. (i) Effective area. The requirements herein shall apply to all lands within the city limits or being annexed into the city limits concurrent with subdivision approval lying south and east of a line described as follows: beginning where Magnolia Road extended intersects the western boundary of the city; thence easterly along Magnolia Road to Ninth Street; thence northerly along Ninth Street to Cloud Street; thence easterly along Cloud Street to Ohio Street, thence northerly along Ohio Street to Crawford Avenue; thence easterly along Crawford Avenue to the Smoky Hill River; thence northerly along the Smoky Hill River and cutoff channel to the northeastern boundary of the city. Section 2. That this ordinance shall be effective from and after its publication once in the official city newspaper. {SEAL} ATTEST: j- D. Loit, CMkC, City Clerk Introduced: Second Reading: Amended First Reading Passed: October 6, 1997 November 24, 1997 December 8, 1997 December 22, 1997 Peter F. Brungardt, Vice -M yor