18.40.130 Dedication, reservation and acquisition of public sites and open spaces.
(a) Definitions. For the purposes of this division, certain terms and words are hereby defined.
(1) “Parkland” means any dedicated public open space specifically designed for active recreational uses, including linkages to the regional trail system, intended to serve one or more neighborhood(s) or the entire community (i.e., a regional park or trail).
(2) “Parkland acquisition cost” means the average sale price for one acre of vacant land within the City of Topeka and the City’s three-mile extraterritorial jurisdiction. For purposes of this division, said fee shall be set at $15,000 per acre.
(3) “Parkland improvement cost” means the average cost to improve a neighborhood level park with typical amenities for recreational uses. For purposes of this division, said fee shall be set at $25,000 per acre.
(4) “Parkland development fee” means the combination of parkland acquisition cost and the parkland improvement cost per dwelling unit to support five acres of parkland per 1,000 people. For the purposes of this division, the parkland development fee shall consist of 60 percent of the actual cost per dwelling unit.
(5) “Dwelling unit” means any single-family, two-family, or multifamily dwelling intended for habitation, including group living facilities.
(6) “Planning areas” means geographic areas for community-level parks as identified as parkland fee districts in the park and open space element of the comprehensive plan. New development outside a designated planning area shall be included in the adjacent or nearest planning area which would best serve that development.
(7) “New development” means construction of one or more dwelling units on a lot upon which no dwelling unit previously existed.
(8) “Redevelopment” means construction of one or more dwelling units on a lot upon which a dwelling unit previously existed and which has the effect of creating a greater number of dwelling units than previously existed.
(9) “Reconstruction” means rebuilding or replacement of a dwelling unit or units on a lot that previously maintained the same number, type and use of dwelling units, which has the effect of creating the same or fewer number of dwelling units than previously existed.
(10) “County Commission” means the Board of County Commissioners for Shawnee County, Kansas.
(11) “Parks and Recreation Director” means the Shawnee County Parks and Recreation Director.
(12) “Planning Commission” means the City of Topeka Planning Commission.
(13) “Planning Director” means the Director of the Planning Department for the City.
(b) Purpose. The purpose of this section is to serve the communities’ population growth with neighborhood and regional parkland based on the comprehensive plan and national recreation and parks association standard of five acres per 1,000 persons for a neighborhood park and 15 acres per 1,000 persons for a regional park.
(c) Parkland Development Fee.
(1) In all instances where property owners or developers seek approval of new development or redevelopment or a final plat or replat of land that creates additional residential lots or units, a parkland development fee shall be required. For subdivisions within the City’s corporate limits, all fees shall be collected by the Development Services Division of the City Public Works Department concurrent with the application for a building permit. For subdivisions within the City’s extraterritorial jurisdiction, the fee shall be paid to the County Planning Department or other responsible County agency concurrent with application for a building permit. No building permits may be issued without collection of parkland development fees in accordance with this section.
(2) The parkland development fee shall be assessed based upon the planning area’s health classification contained in the City’s comprehensive plan in which the dwelling unit(s) will be located according to the following schedule:
|
Planning Area Rating |
Fee Schedule (per unit) Single- and Two-Family Dwelling Unit Development |
||
|---|---|---|---|
|
New Development or Redevelopment |
New Development or Redevelopment w/Public Dedication |
New Development or Redevelopment w/Private Dedication |
|
|
One tree (intensive care) |
$300.00 |
$188.00 |
$225.00 |
|
Two trees (at risk) |
$225.00 |
$141.00 |
$169.00 |
|
Three trees (outpatient) |
$150.00 |
$94.00 |
$113.00 |
|
Four trees (healthy) |
$75.00 |
$47.00 |
$56.00 |
|
Planning Area Rating |
Fee Schedule (per unit) Three- to Eight-Family Dwelling Unit Development |
||
|---|---|---|---|
|
New Development or Redevelopment |
New Development or Redevelopment w/Public Dedication |
New Development or Redevelopment w/Private Dedication |
|
|
One tree (intensive care) |
$267.00 |
$167.00 |
$200.00 |
|
Two trees (at risk) |
$200.00 |
$125.00 |
$150.00 |
|
Three trees (outpatient) |
$134.00 |
$83.00 |
$100.00 |
|
Four trees (healthy) |
$67.00 |
$42.00 |
$50.00 |
|
Planning Area Rating |
Fee Schedule (per unit) Nine-Family Dwelling Unit Development and Above |
||
|---|---|---|---|
|
New Development or Redevelopment |
New Development or Redevelopment w/Public Dedication |
New Development or Redevelopment w/Private Dedication |
|
|
One tree (intensive care) |
$234.00 |
$146.00 |
$175.00 |
|
Two trees (at risk) |
$175.00 |
$110.00 |
$131.00 |
|
Three trees (outpatient) |
$117.00 |
$73.00 |
$88.00 |
|
Four trees (healthy) |
$58.00 |
$37.00 |
$44.00 |
(3) All fees shall be deposited in the City’s parkland acquisition and development fund by planning area. Fees collected shall be used for the acquisition and improvement of new or undeveloped parkland within the same planning area as where the fee is collected, including the improvement of undeveloped land within existing parkland.
(4)
(i) Except as described in subsection (c)(4)(ii) of this section, upon application of the property owner, the County shall refund that portion of any parkland development fee which has been on deposit over seven years and which is unexpended and uncommitted. The refund shall be made to the then-current owner or owners of lots or units of the development project or projects.
(ii) If fees in any parkland development fee account are unexpended or uncommitted for more than six calendar years after deposit, the County Commission shall make findings by resolution on or before December 31st of the sixth calendar year after receipt of the fee and annually thereafter until the funds are expended or committed. For so long as the County retains the fees, the resolution shall identify the purpose to which such fees shall be put and to show a roughly proportional and reasonable relationship between the fee and the purpose for which it was collected. If the County Commission makes such findings, the fees are exempt from the refund requirement.
(d) Credit for Parkland Dedications. Developers may dedicate a portion of their land for public parkland. In such instances where parkland is accepted for dedication, a credit equal to $15,000 per acre, or fraction thereof, of dedicated parkland shall be applied against the balance of parkland acquisition costs required under this section for the subdivision. Provided, however, such dedication shall not reduce the payment for parkland improvement costs as reflected in the minimum fee schedule listed in subsection (c)(2) of this section.
(e) Credit for Parkland Improvements in a Benefit District. In addition to dedicating a portion of their land, developers may also petition the City to include the cost of public parkland improvements within a benefit district for the service area. Where such dedication occurs and public parkland is approved for inclusion in a benefit district, a credit equal to 100 percent of the required parkland improvement cost defined under this section shall be applied to the subdivision within the benefit district.
(f) Dedication Criteria. The Parks and Recreation Director, after consultation with the Planning Director, shall determine the suitability of the land for parkland, and determine any improvements required to bring the land into usable condition. Factors to be considered in evaluating potential parkland sites shall include, but shall not be limited to, the following:
(1) All land proposed for dedication as a park or other recreational site shall contain a minimum of five acres.
(2) Not more than 10 percent of the park or open space shall contain stormwater detention/retention facilities, floodplain, or wetland, unless such area is part of a linear trail system, or is accepted by the Parks and Recreation Director.
(3) The park or open space shall not have an average slope greater than 10 percent.
(4) Undisturbed natural open space may be accepted for a portion of the dedication requirements at the ratio of four acres of undisturbed natural open space for each one acre of active parkland dedication.
(5) The Parks and Recreation Director shall have the authority to waive or modify any or all of the above-listed criteria.
(6) The park or open space shall be consistent with design policies/standards of the City’s comprehensive plan.
(g) Trail Dedication. Where the Topeka-Shawnee County trails and greenways plan identifies a trail planned for an area within a proposed subdivision, the property owner or developer shall be required to dedicate that portion of land for a public trail easement or trail right-of-way. Any such dedication shall receive a credit as specified in subsection (d) of this section.
(h) Other Considerations Prior to Deeding. The Parks and Recreation Director may require that any dedicated parkland be improved prior to dedication. Factors that may be considered shall include, but shall not be limited to, the following:
(1) To the greatest extent possible, the developer may be required to preserve existing trees or other species of vegetation, or other natural features on the land to be dedicated for a park, trail, or recreational space. Significant trees lost during the construction process may be required to be replaced with suitable species and of suitable size as determined by the Parks and Recreation Director.
(2) Grass or other quick establishing vegetative ground cover may be required to prevent soil erosion, according to the specifications determined by the Parks and Recreation Director.
(3) The developer may be required to bring utilities to the boundary of the proposed park or open space and shall cap them off at no cost to the City. Utilities may include, but shall not be limited to, gas, storm sewer, sanitary sewer, and electricity. The location where such utilities are to be brought shall be determined by the City Engineer and the Parks and Recreation Director.
(i) Dedication Process.
(1) Land to be accepted as a park or trail under this section shall be designated as public park area or trail on the final plat.
(2) Prior to the dedication of parkland, the owner or developer shall provide the County with evidence of title in a form acceptable to the Shawnee County Counselor or a title insurance policy insuring the County’s interest in the property. In any dedication of required land, the developer must have good and marketable title to the land, free and clear of any mortgages, liens, encumbrances, or assessments, except easements or minor imperfections of the title acceptable to the County.
(3) The parkland or trail shall be dedicated at the time of approval of the final plat. However, the County shall not accept the parkland or trail until the completion of required improvements and the approval of the Parks and Recreation Director.
(j) Credit for Private Open Space. Property owners or developers may choose to reserve a portion of a subdivision for use as private open space for the benefit of subdivision residents. In such instances, a credit of 25 percent shall be applied against the parkland development fee as required by this division. All land proposed for reservation as private open space must be deemed usable and accessible by all residents within the proposed subdivision, as determined by the Planning Director, and approved by the Planning Commission. (Ord. 19715 § 2, 3-20-12.)