Exeter Municipal Code Ch. 16.44 Parks and Recreational Facilities

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state. The park and recreational facilities for which dedication of land and/or payment of fees is required by this chapter are in accordance with the recreational element of the general plan of the city.

(Ord. 384 §15(A), 1978)

The dedicated land, the fees collected, or a combination thereof are to be used only for the purpose of providing park or recreational facilities to serve the subdivisions.

(Ord. 384 §15(P), 1978)

The provisions of this chapter shall not apply to industrial subdivisions.

(Ord. 384 §15(O), 1978)

Where the proposed subdivision lies within an area not within the city's general plan but scheduled to be so included, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the city's general plan and in accordance with the provisions of this chapter; and the general plan shall be amended within one hundred twenty days following approval of the tentative tract map, to include the subdivision and any previously unincluded park for which subdivision there was a dedication of land and/or payment of fees.

(Ord. 384 §15(I), 1978)

A. Prior to the recordation of a final subdivision map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park and recreational purposes at the time and according to the standards and formula contained in this chapter following review of the proposed plan by the city parks and recreation commission and recommendation thereof.

B. When a proposed subdivision is part of a major land development project, and the owner of such land proposes to permit development by several subdividers, provisions for park and recreational facilities shall be made by the major landowner through the adoption of a comprehensive plan and not by the individual developers. Where park and recreation facilities have been dedicated in excess of the requirement, the major landowner shall be given credit for excess on subsequent projects within the adopted comprehensive plan. For the purpose of this section a major land development project shall be any land development project exceeding forty acres in size.

C. Where development is proposed for construction in increments, a schedule for providing the park and recreation facilities shall be submitted for approval by the appropriate city commissions before approval by the council.

(Ord. 384 §15(B), 1978)

It is found and determined on the basis of typical demand for recreation facilities that the public interest, convenience, health, welfare and safety for the city require that five acres of property for each one thousand persons residing within this city be devoted to park and recreational purposes.

(Ord. 384 §15(C), 1978)

A. For the purpose of this chapter, an annual review by the planning department of the latest available population and housing data for the city from federal, state, or city records or files shall be used in determining the density factor for the proposed subdivision.

B. The density factor per residential unit shall be determined by dividing the number of persons residing in the city in such units by the number of such units.

C. The number of dwelling units in a subdivision shall be the number proposed for construction. When the actual number of units to be constructed is unknown, it shall be assumed for the purposes of this chapter that the maximum number permissible by law will be constructed.

(Ord. 384 §15(E), 1978)

Where a park or recreational facility has been designated in the general plan of the city, and is to be located in whole or in part within the proposed subdivision to serve the immediate future needs of the residents of the subdivision, the subdivider shall dedicate land for a park. The amount of land to be dedicated shall be determined pursuant to the following standards and formula:

B. Definition of terms:

1. "A" means the area in acres required to be dedicated as a park site or to be appraised for fee payment for the subdivision,

2. "D.F." means density factor applicable to proposed subdivision,

3. "5.0" means number of acres per one thousand persons,

4. "No. D.U." means number of dwelling units proposed in the subdivision.

*When a proposed subdivision contains dwelling units with different density factors, the formula shall be used for each such density factor and the results shall be totaled.

(Ord. 384 §15(D), 1978)

General formula: If there is no park or recreational facility designated in the city's general plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, of if the proposed subdivision contains fifty parcels or less, the subdivider shall, in lieu of dedicating land, pay a fee in an amount to be determined in accordance with the provisions of Section 16.44.110.

(Ord. 384 §15(F), 1978; Ord. 404 §1(part), 1979)

In subdivisions of over fifty lots, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

A. When only a portion of the land to be subdivided is proposed on the city's general plan as the site for a park, such portion shall be dedicated for park purposes and a fee computed pursuant to the provisions of Section 16.44.110 shall be paid for any additional land that would have been required to be dedicated pursuant to Section 16.44.080.

B. When a major part of the park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provisions of Section 16.44.110, such fees to be used for the improvement of other parks and recreational facilities serving the subdivision.

(Ord. 384 §15(G), 1978)

The subdivider shall be required to pay a cash fee, or deposit bond or other security for the payment thereof, in the amounts set forth as follows:

(Ord. 384 §15(H), 1978; Ord. 404 §1(part), 1979; Ord. 513 §1, 1991)

A. Whether city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. Recreational element of the city's general plan;

2. Topography, geology, access and location of land in the subdivision available for dedication;

3. Size and shape of the subdivision and land available for dedication;

4. The feasibility of dedication;

5. Compatibility of dedication with the city's general plan; and

6. Availability of previously acquired park property.

B. The determination of the commission as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof shall be final and conclusive unless appealed to the city council.

(Ord. 384 §15(J), 1978)

A. When the developer's master plan of development allocates space for a golf course and/or other special recreational facilities designed to serve both the residents of a subdivision and the general public, the developer may be credited for supplying a portion of the requirements of this chapter not to exceed fifty percent credit on residential units that abut such special facility only. The special facility shall be restricted to its initial purpose and shall be permanently devoted or dedicated to use by the general public, unless a satisfactory substitute is approved by the city.

B. The council shall adopt by resolution criteria which shall set forth standards respecting the size, shape and location of such special facilities before any credit may be given pursuant to this chapter.

(Ord. 384 §15(K), 1978)

When dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. When fees are required, the same shall be deposited with the planning department prior to recordation of the final tract map. Open space covenants for private park or recreational facilities shall be approved by the city attorney and the planning department prior to approval of the final tract map by the council and shall be recorded simultaneously with the final tract map.

(Ord. 384 §15(L), 1978)

At the time of approval of the tentative subdivision map, the commission shall determine pursuant to Section 16.44.120 whether land shall be dedicated or whether fees shall be paid by the subdivider, or whether the subdivider shall both dedicate land and pay fees, the total of such dedication and/or fees not to exceed the formula provided by Section 16.44.080.

(Ord. 384 §15(M), 1978)

A. Within six months following recordation of the final subdivision map, the council shall specify when development of the park or recreational facilities shall be commenced.

B. The subdivider shall dedicate such land and/or pay such fees at the time of recordation of the final subdivision map.

(Ord. 384 §15(N), 1978)