Norman |
Code of Ordinances |
Chapter 19. SUBDIVISION REGULATIONS |
Article VII. PUBLIC PARK LAND DEDICATION |
§ 19-704. Standards for determining amount of land and/or fee.
A.
The acreage to be contributed prior to the final approval by the City Council of any residential subdivision plat shall be determined by the following formula.
2.5 acres × Each 1,000 person projected to occupy the fully developed subdivision = Amount of land to be contributed
Which Is
0.0025 acres × No. persons per dwelling unit × No. dwelling units projected for subdivision = Amount of land to be contributed
B.
In determining the number of persons projected to occupy a subdivision the Director of Parks and Recreation in consultation with the Department of Planning and Community Development is authorized and directed to make such projections utilizing the following table:
Zoning district Number persons per dwelling unit Number dwelling units per gross acre of subdivision R-1 2.62 5 or no. of lots in a final plat RM-4 2.62 11 or no. of lots in a final plat R-2 1.77 10 or 2 per lot in a final plat RM-2 1.77 13 or number of units in approved site plan R-3 1.77 15 or number of units in approved site plan RM-6 1.77 21 or number of units in approved site plan R-O 1.77 35 or number of units in approve site plan PUD Based on housing type Number of units authorized by ordinance The standards provided in the table above shall be used for calculating the number of persons per dwelling unit and the number of dwelling units projected for a subdivision. Standards for the number of persons per dwelling unit shall be based upon the most recent Federal Decennial Census. In the event that property zoned for multi-family use is platted for single-family use, the formula for single-family use shall apply. Should the approved site plan or final plat ever be modified to increase the number of dwelling units, an additional parkland dedication fee shall be due and payable.
C.
In those instances where the formula used above shows that less than two thousand five hundred (2,500) persons will ultimately occupy any given subdivision as reflected by the preliminary plat submitted for approval, the Board of Parks Commissioners shall review said plat and promptly recommend whether land or money should be required of the subdivider. Such recommendation may be appealed to the City Council by the subdivider.
1.
If public parkland is to be required, then the amount of land determined by subsections (a) and (b) of this section shall be reserved and delineated on the preliminary plat in a location approved by the Board of Parks Commissioners and the appropriate portion thereof (as determined by the above formula) shall be dedicated or conveyed to the City at the time of recording the final plat. To insure that the appropriate portion of the delineated reserved parkland shall be acquired by the City whenever a final plat is recorded which embraces part of the land included in the preliminary plat, the following procedure shall be followed: Approval by the Planning Commission of a preliminary plat wherein dedication of public parkland is required shall be conditional on the subdivider delivering to the City a fully executed "parkland reservation" in a form prescribed by the City Council. Such "parkland reservation" shall be submitted with the preliminary plat and be acknowledged by the subdivider before a notary public and shall meet the following standards:
(a)
It must give a legal description of the entire area embraced within the preliminary plat;
(b)
It must give a legal description of the delineated land and recite that such land is reserved for dedication or conveyance to the City of Norman for public park and recreational purposes, pursuant to the Charter and the Code of the City;
(c)
It must warrant that the subdivider is the owner of all land embraced in the preliminary plat and, further, that the land delineated and reserved for public park and recreational purposes will be conveyed to the City free and clear of any mortgages, liens or encumbrances;
(d)
It must recite that whenever a final plat is recorded covering any part of the land embraced within the preliminary plat, a proportionate part of the reserved parkland shall be dedicated and conveyed in fee to the City and the owner of such proportionate part shall be estopped to deny the right of the City to acquire title to such proportionate part;
(e)
It must be accepted by the City Council and filed for record with the Cleveland County Clerk with filing costs being paid by the subdivider.
Whenever the parkland dedication requirements of the Charter and Code of the City have been satisfied as to any preliminary plat upon which a "parkland reservation" has been filed, the Council shall cause notice of satisfaction and release of the reservation to be executed and filed with the Cleveland County Clerk.
2.
If a fee in lieu of a land contribution is required, the amount of fee shall be determined at the time of final platting, according to the following formula:
Fair market value of land per acre × Amount of land required to be dedicated according to subsections (a) and (b) of this section = Fee in lieu of land dedication
The subdivider shall tender and pay over to the City a cashier's check for such fee immediately prior to recording the final plat.
(a)
Time of determining the value of land. The fair market value of the land shall be determined no more than six (6) months before submission of the final plat to the City Council.
(b)
Basis for determining the value of land. The representative cash value of the land that would otherwise be required to be dedicated shall be the full and fair market value of the raw land plus a proportionate share of those incidental costs as defined in section 19-705C. which would be attached to a subdivider in those cases where land itself was given. Such value shall be determined by averaging the value of all residentially zoned acreage in the preliminary plat.
(c)
Method of determining value of land. The fair market value shall be determined by negotiations between the subdivider and the City. If negotiations have failed to reach agreement by the time the final plat is submitted, then within five (5) days an Appraisal Board shall be appointed to determine the fair market value, whose appraisal shall be final and binding on both parties. The Appraisal Board shall consist of three (3) qualified real estate appraisers, one (1) selected by the City, one (1) selected by the subdivider, and one (1) selected by the chosen appraisers. The appraisers' fee shall be paid jointly by the City and the subdivider. Within ten (10) days, the Appraisal Board shall tender a report of the fair market value of the land as of the date the Appraisal Board was appointed.
D.
Instead of dedicating land for a public park or paying a fee in lieu of such land, the developer may choose to dedicate land for park or open space to a private property owners association. Such option shall be indicated on the preliminary plat submitted for approval by the Board of Park Commissioners.
1.
If private parkland is proposed, then twice the amount of land determined by subsections (a) and (b) of this section shall be reserved and delineated on the preliminary plat.
2.
Recognizing that a wide variety of recreational opportunities may demand different types of open space, land that may not meet all of the suitability standards of public parkland contained in section 19-705 could be utilized as private open space. Nevertheless, certain areas may not be counted as an acceptable substitute for public park areas. No floodplain area, detention pond, drainage way, or water body shall be countable, although circulation areas around or through such areas may be counted if such are reasonably flat and are not inundated during storm events and are at least ten (10) feet wide.
3.
All such open spaces must be contained in an area that is, or will be, dedicated to a mandatory property owners association. Restrictive covenants running with the land shall be submitted with any final plat indicating that the mandatory property owners association shall remain perpetually responsible for the maintenance of all common areas indicated on the preliminary and final plat. Covenants affecting any common park and open space areas may not be changed without the express approval of the City Council.
Submission of any preliminary plat containing private open space which is to substitute for public parkland shall constitute consent by the landowner for the City to zone all of the delineated open spaces into a "Park Land" (PL) zoning category.
E.
In such case as the Council, upon the recommendation of the Board of Parks Commissioners, shall determine, a subdivider may dedicate more land than would be required by the formulas herein set out and receive a written credit against future mandatory public parkland dedications. Where a subdivider dedicates land against future requirements, the development which is thereby relieved of all or part of its mandatory parkland dedication requirement must be in the same general area as that served by the dedicated credit land, such general area to be at the City's sole determination. The credit shall attach to the relieved land and remain with the relieved land, regardless of change in ownership thereof.
F.
In the event a subdivider deviates from the approved preliminary plat in final platting or rezones land within the preliminary plat which has the effect of increasing the density of population over the earlier population density estimates made under this article or where the use of property is changed from a nonresidential use to a residential use the owner or subdivider shall be obligated to provide additional land or fee to compensate for the increase in population prior to the City issuing a building permit or occupancy permit.
(Ord. No. O-7576-21; Ord. No. O-7677-22; Ord. No. 9394-46; Ord. No. O-9697-1; Ord. No. O-9899-31; Ord. No. 0-0001-15)