Ordinances-2012-319

4.08 NEIGHBORHOOD OPEN SPACE REQUIREMENTS The neighborhood open space requirements ensure that adequate usable neighborhood open space, parks and recreation facilities are provided in a manner that is consistent with the neighborhood open space plan, as amended, by using a calculable method to equitably apportion the costs of acquiring and developing land for those purposes. The provisions of this article require development, which creates increased needs for neighborhood open space ("open space impact"), to pay a proportionate share of the City's capital improvements to fulfill said open space impact. Usable neighborhood open space includes pedestrian-bicycle trails, preferably located within natural greenway systems, and neighborhood parks that serve nearby residents. Portions of larger community parks may be adapted for neighborhood use, but this article is not intended to fund the acquisition of community parks or large playing fields for organized sports. This article is also intended to encourage, wherever reasonably feasible, the dedication of sensitive areas in conjunction with usable open space. A) APPLICABILITY: As a condition of approval for residential subdivisions, commercial subdivisions containing residential uses, and planned developments, the applicant will dedicate land, pay a fee in lieu of land, or a combination thereof, for park, greenway, recreational and open space purposes, as determined by the City and in accordance with the provisions of this article. B) DEDICATION OF LAND: 1) Amount Of Land To Be Dedicated: The amount of land will be determined by first calculating the entire size of the of the land area of the proposed development as shown on the preliminary plat or site plan and then to require dedication or reservation of five percent