§ 14.3.8. Partial Credit for Dedication and Easement Acreage

(A)

This subsection describes the circumstances in which PARD will count an acre of land at 50% credit for purposes of meeting the parkland dedication requirement under City Code § 25-1-602 (Dedication of Parkland).

(1)

If land is located within a Critical Environmental Feature (CEF) buffer or within a Critical Water Quality Zone, as established under City Code Chapter 25-8 or a successor Code, PARD may credit the acreage at 50% per acre if recreational amenities are allowed under applicable Land Development Code requirements. If recreational amenities are not allowed, the acreage may be included but will not receive credits toward acreage owed.

(2)

Land containing a water quality or detention pond may be accepted at 50% per acre credit if the pond is designed and developed with PARD-approved recreational amenities.

(3)

A fire lane may be accepted at 50% per acre credit if it is also designed to function as a trail that connects to a larger trail system.

(4)

Land within the 100-year floodplain may be accepted at 50% per acre credit if:

(a)

PARD determines that the land meets the criteria described in Subsection (B); and

(b)

the dedication also includes any adjacent land on the same site that is located within the 25-year floodplain, which shall receive no credit towards meeting the required parkland dedication.

(B)

In evaluating what to accept for land dedication within the 100-year and 25-year floodplain, or within a critical environmental feature area, PARD shall consider:

(1)

whether the floodplain area would be accessible to pedestrians and maintenance vehicles;

(2)

the extent to which the natural character of the waterway and the floodplain area has been or will be altered;

(3)

whether the configuration and topography is suitable for the placement of recreational amenities, in compliance with applicable watershed requirements; and

(4)

whether the floodplain:

(a)

would function as linear parkland by providing neighborhood access;

(b)

is visible to the public and easily identified as a public recreation area; and

(c)

would provide suitable passive recreation, scenic views, wildlife habitat protection, water quality protection, tree protection, or trail connectivity to the more intensive uses in non-flood plain areas.

Source: Rule No. R161-16.15, 9-19-16 .