9-2-4-13: DEDICATION OF PARK LANDS, OPEN SPACE AND RECREATIONAL SITES OR THE PAYMENT OF FEES IN LIEU THEREOF:
All subdividers shall provide land for open space purposes, or cash contributions in lieu of land, or a combination of both, at the option of the town which are roughly proportional in both nature and extent to the impacts created by the proposed subdivision. Unless a different dedication or payment is required by the planning commission on the basis of competent evidence presented, it shall be presumed that the requirements of this section satisfy the rough proportionality requirement; provided, however, that this requirement shall not apply to a person who undertakes to resubdivide a parcel for which an open space dedication has previously been made, or a person who undertakes to subdivide a structure. This land dedication or cash or combination thereof shall be provided in accordance with the following criteria and formula: (Ord. 27, Series 1995)
A. Criteria For Park, Open Space And Recreational Land Dedications:
1. Land Dedication Requirements: All subdividers shall be required to dedicate to the town ten percent (10%) of the land area of the proposed subdivision for use by the town for parks, open space, or other similar recreational purposes, or to provide cash in lieu of the dedication in an amount equal to ten percent (10%) of the value of the land prior to subdivision.
2. Location: The location and configuration of the site or sites to be dedicated shall be determined by the town in consultation with the subdivider and town staff which shall take into account the Breckenridge comprehensive plan the suitability of the site for park, open space, or recreational purposes, its relationship to population concentrations, and its proximity to other park or recreational lands, including existing and proposed parks adjacent to the Blue River. The town may require that the area be located at a suitable place, such as on the edge of the subdivision so additional land may be added at such time as the adjacent land is subdivided. Land so reserved shall be of a character and location suitable for public purposes, and if consistent with the needs of the town in that particular area, and if proposed for a playground or other similar recreational purposes shall be relatively level and dry.
3. Minimum Size: The minimum size of any land to be dedicated for park, open space and recreational purposes generally shall be not less than ten thousand (10,000) square feet, one dimension of which should not be less than one hundred feet (100'), except that the town may approve dedications of a smaller size, when required by the specific plans of the development and when the usefulness of the smaller area for park or recreational purposes is demonstrated.
4. Use Of Detention Areas For Required Dedications: Detention areas for storm water control shall not qualify as land for park, open space and recreational purposes, unless the use of the property for active recreational purposes is clearly demonstrated.
B. Criteria For Requiring A Contribution In Lieu Of Park, Open Space Or Recreational Sites: Where the development is small and the resulting land dedication is below the suggested minimum requirement or when the available land is inappropriate for park, open space or recreational purposes, as determined by the town, the subdivider shall pay a cash fee to the town in lieu of the land dedication required.
1. Cash Contribution In Lieu Of Park, Open Space And Recreational Land Dedications: A cash contribution equal to ten percent (10%) of the value of the land shall be provided in lieu of park, open space and recreational land dedications and shall be held by the town solely for the acquisition and improvement of park, open space and recreational land within the community. Because of the small size of the community, the provision of a park, open space, or other recreational land anywhere within the Breckenridge comprehensive plan boundary shall be deemed to meet the needs of the proposed subdivision.
2. Refund Of Cash Contribution: If any portion of a cash contribution in lieu of park, open space, and recreational land dedications is not expended by the town for the purposes set forth herein seven (7) years from the date of receipt, it shall be refunded to the subdivider who made such contribution, along with any accrued interest earned on such funds.
3. Fair Market Value: The cash contribution in lieu of a land dedication shall be based on the fair market value of the undeveloped land that otherwise would have been dedicated as a park, open space or recreational site. The fee shall be based on the value of the land as determined by utilizing the most recent Summit County assessor's "actual value".
In the event of any objection to the fair market value, including an objection by the town, the objecting party shall submit an appraisal showing the fair market value of said undeveloped land. The final determination of the fair market value of said undeveloped land shall be made by the town based upon such information submitted by the objecting party, along with any responses thereto by the subdivider or town staff.
4. Criteria For Requiring Dedication And A Fee: A combination of land dedication and a cash contribution in lieu of land shall be required when:
a. The subdivision or development does not have sufficient or adequate land to meet the dedication requirements hereunder. That portion of the land within the subdivision or development which is adequate or sufficient for the park, open space or recreation area shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated.
b. A major part of a park, open space, or recreational site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required.
C. Combining With Adjoining Developments: Park, open space or recreational land dedications may be combined with dedications from adjoining subdivisions and developments in order to produce usable recreational areas without hardship on a particular developer.
D. Topography And Grading: The slope, topography, and geology of the dedicated site as well as its surroundings must be suitable for its intended purposes. Grading on sites for park and recreational uses shall not differ greatly from surrounding natural or manmade features.
E. Dedication At Time Of Approval Of Final Plat: All dedications or fees in lieu of shall be made prior to or concurrent with filing and recording of the final plat. (Ord. 23, Series 1992; amd. Ord. 2, Series 2020)