Open Space and Recreation Ordinance Procedures

Overview:

Open Space and Recreation ordinance requires that all residential developments provide a public park that is fully equipped. However, in some cases, the park site would be too small or the developer opts not to provide the required open space or amenities. When this occurs, the developer is required to make a payment-in-lieu of the required park.

Fee Schedule:

Developments that have received preliminary site/subdivision plan approval on or before November 19, 2002:

• Public park land provided but no equipment: $50.00 per unit
• No public park provided: $100.00 per unit

Developments that have received preliminary site/subdivision plan approval after November 19, 2002:

• Public park land provided but no equipment: $500.00 per unit
• No public park provided: $1000.00 per unit
• Private recreational amenities provided. Must meet minimum acreage requirements and must be improved with recreational amenities that have a value equal to or exceeding the sum of $500.00 per dwelling unit: $250.00

Exception for institutional residential uses, i.e. nursing home facilities: Institutional residential uses are those facilities that provide housing but have central eating facilities and no individual kitchens. If a kitchen is provided in the unit, it is not considered an institutional residential facility and would be subject to the Open Space and Recreation ordinance.

Process:

During the review of the preliminary site/subdivision plan, the Parks and Recreation Department makes a determination as to whether or not a public park area should be required. Applicant is informed of the determination of a public park requirement or the payment-in-lieu requirement. If the developer is providing private recreational amenities, the developer is required submit an Open Space Fee Reduction application. Application reviewed by Parks and Recreation, Planning and the City Attorney’s Office.

During construction plan approval, Planning indicates the fee requirement for the proposed development and forwards amount to Development and Permits for collection. If a multi-family project, the fee is collected by Code Compliance division at the time of building permit issuance.