§ 26-75. Neighborhood parks.

(a)

The developer of a subdivision that includes more than fifty (50) dwelling units shall provide and maintain a neighborhood park system for use by the residents of the subdivision in accordance with the requirements of this section. The provision of neighborhood parks in accordance with the requirements of this section may count towards the minimum open space requirements, where applicable.

(b)

The amount of land provided and maintained as a neighborhood park or parks shall be one (1) acre for the first fifty (50) dwelling units plus one-one-hundredth of an acre for each dwelling unit over fifty (50) up to two hundred fifty (250) dwelling units, for a maximum of three (3) acres. Developments consisting of two hundred fifty-one (251) dwelling units up to five hundred (500) dwelling units shall provide one (1) acre of land per one hundred (100) dwelling units, with a minimum of three (3) acres and a maximum of five (5) acres, or fraction thereof. Developments consisting of five hundred one (501) units or more shall provide a minimum of five (5) acres up to a maximum of twenty (20) acres or fraction thereof, based upon a calculation of five (5) acres for the first five hundred (500) dwelling units plus one-one-hundred twenty-fifth of an acre for each dwelling unit over five hundred (500), up to the twenty-acre maximum. The required neighborhood park system may consist of single or multiple neighborhood park sites, but in no event shall the required site be less than one (1) acre in size.

(c)

The land provided and maintained for use as a neighborhood park or parks shall be developable uplands exclusive of any drainage retention areas for the subdivision and wetland or environmental areas which are not incorporated into the park design (boardwalks, nature trails, educational and other passive purposes). Natural areas which are integrated into the park design may be utilized. In addition, the property shall not be encumbered by any restrictions that prevent its use as a neighborhood park site.

(d)

The land provided for each neighborhood park shall be easily accessible to the residents of the subdivision by auto, foot and bicycle. Where practical, all neighborhood parks shall be centrally located within the subdivision. The neighborhood park shall not be separated from the subdivision, or portion thereof being served, by a collector or arterial roadway.

(e)

A neighborhood park could typically include both passive and active recreation areas, and the design of the park and associated facilities should be suitable to serve the residents expected to reside in the subdivision. Appropriate amenities include, but are not limited to, benches, picnic tables, playgrounds, bicycle racks, basketball and tennis courts, jogging trails, boardwalks, natural areas developed with passive amenities, open play areas and the like.

(f)

The approximate location and acreage of the neighborhood park system shall be identified within the project master plan. The final location of the park site(s), access and a list of proposed facilities shall be provided for review and approval during the conditional plat process. A neighborhood park(s) site plan, prepared by a registered landscape architect or professional civil engineer, shall be submitted for review and approval in conjunction with the final construction plans for the subdivision. Development of the neighborhood park system shall occur prior to receiving fifty-one (51) percent of the certificates of occupancy for the subdivision (based on complete build-out).

(g)

The developer of a subdivision that includes a neighborhood park or parks shall be required to maintain the neighborhood park(s) at no expense to the county, or shall convey the park site(s) to a mandatory homeowner's association, community development district or other legal entity established for maintenance.

(h)

A neighborhood park under this section is intended to serve only the residents of the proposed development (in contrast to community or district parks). Accordingly, the provision of a neighborhood park hereunder does not qualify for parks impact fee credits pursuant to chapter 23, article III, division 4 of this Code, absent a development agreement, development order to the contrary or otherwise providing for community or district facilities.

(i)

This section shall not apply to a development that has provided for a neighborhood, community or district park as part of an approved development of regional impact development order, similar development agreement or order, or a development which has received master plan approval prior to the effective date of this ordinance. Developments located within the 1-75/SR 50 Planned Development District shall comply with the terms of the 1-75/SR 50 PDD Area Plan.

(Ord. No. 2008-04, § II, 2-13-08)