Park and Playground Land Requirements for Subdivisions

Authority. This Section is enacted pursuant to the authority granted by Section 46-6, H.R.S. as amended.Dedication. Every subdivider as a condition precedent to approval of a subdivision shall provide land in perpetuity or dedicate land for park and playground purposes, unless the Department of Public Works determines that it is unfeasible for the County to maintain such land for park and playground use. Where the Department of Public Works determines that it is unfeasible for the County to maintain such land for park and playground use, the Planning Commission shall require the subdivider to pay a fee in lieu of the land. Such fee shall be determined by the formula contained in Section 9-2.8(d). The park and playground requirement may be satisfied by a combination of land and fee in lieu of the land.Application.The provisions of this Section shall not apply to:Subdivision of land into two or more lots only for the purpose of clarifying public records or adjustments of boundaries, provided that no additional lots will be developed for the purpose of building dwelling units thereon.Subdivisions for a public utility, public facility or of a public nature, and which will not be provided with or developed into dwelling units.Industrial and commercial use subdivisions.Subdivision of land into two or more lots for agricultural purposes which will not be developed under this subdivision application, into dwelling or lodging units. The subdivider desiring such an exception shall file with the Planning Director a certified statement therefor, stating fully the grounds for the exception and that the subdivided land shall not be provided with dwelling or lodging units. These conditions shall run with the land.Subdivision of building, as defined in Section 9-1.5 of the Subdivision Ordinance, for which a zoning permit has been given in accordance with the provisions of the Comprehensive Zoning Ordinance, provided that a building permit is secured within 12 months from May 20, 1977.The provisions of this Section shall apply to:Changes in use of building from hotel to residential dwelling use.Any additional dwelling or lodging units added to an existing building or lot.Any dwelling or lodging units of a building constructed in the stead of a building that is demolished, but only to the extent that such units exceed the number of units of the demolished building.All subdivisions except those excluded in Section 9-2.8(c)(1).Where zoning allows the construction of more than one dwelling unit on a vacant lot, a fee as provided in Section 9-2.8(d) shall be assessed for all but one dwelling unit at the time of building permit action.Land Area Requirement to be Dedicated in Perpetuity.In the public interest, convenience, health, welfare and safety, subdividers, except as provided under Section 9-2.8(d)(4), shall provide a minimum ratio of one-and-three-fourths (1.75) acres of land for park and playground purposes for each 1,000 persons or fraction thereof.Population density for the purpose of this Section shall be:Single-family dwelling units and duplexes = 3.5 persons per dwelling unit; andMultifamily dwelling units = 2.1 persons per dwelling unit.Land required to be dedicated or provided in perpetuity by a subdivider pursuant to this Section shall be determined on the following basis:In subdivision of land, the basis for determining the total number of dwelling or lodging units for computation purposes shall be the number of such units permitted by the County in the subdivision as shown on the final subdivision map filed with the County.In building permit applications, the total number of dwelling or lodging units for computation purposes shall be the total number of units as shown on the building permit application.Land Dedication Formula. The land dedication formula shall be as follows:C x P = AREA TO BE DEDICATED IN ACRES*WhereC = 1.75 acNumber of park acres per 1000 as per Section 9-2.8(d)(1) which is determined by the following formula:1000P = [Population Density**] x [Total Number of Lots or Dwelling Units]P = [Population Density**] x [Total Number of Lots or Dwelling Units]P = Total Population Within the Subdivision or Dwelling Units* To convert acres to square feet, multiply acres by 43,560.** Population density as per Section 9-2.8(d)(2).Land and building subdivisions of the first six lots or units of subdivision of land or units falling within the provisions of Subsection (c) of this Section shall be assessed $150 per lot or unit. Subdivision of all lots or units subsequent to the initial six shall be assessed the full requirement applicable to the lots or units as provided in Subsection (d) of this Section, regardless of the change in ownership of the lot or unit assessed since the initial assessment.Valuation.When an in-lieu fee is to be paid for lands, the assessment shall be based upon the fair market value of the raw land prior to subdivision plus 50% of the difference between the fair market value of the subdivided land (including site improvements and utilities) and the fair market value of the raw land.If the County and the subdivider fail to agree on the fair market value of the land, the value shall be fixed and established by majority vote of three land appraisers; one shall be appointed by the subdivider, one shall be appointed by the County, and the third appointed by the Fifth Circuit Court. The subdivider and the County shall equally bear the fees of appraisal and costs thereof.Fees paid pursuant to this Section shall be made directly to the Director of Finance and said fees shall be deposited in a park and recreational trust fund. Payment may be in a lump sum at the time of final approval of the land subdivision or final plan approval for a building subdivision; or 50% at the time of preliminary approval of the land subdivision or preliminary plan approval of the building subdivision, and the balance paid at the time of final approval of the land subdivision or final plan approval of the building subdivision.All monies received shall be used for the acquisition and development of park and recreational facilities, facilities replacement and maintenance equipment to serve the district in which the subdivision is located. Monies received may be expended on neighborhood community facilities in reasonable proximity to the subdivision. Where a public park and playground presently serves a subdivision, such fees may be used for the purpose of providing additional facilities for that park or playground. The County Engineer shall determine the various park areas for funding purposes.When funds are needed for implementing a plan to provide or develop land and facilities or for preparing site plans such as design and engineering work, the County Engineer shall submit a written request to the Planning Director and the Mayor for approval. Upon approval, the Finance Director shall be authorized to release monies from the fund.No refunds shall be made for any land and building subdivision which the Planning Commission has granted final approval, except that credit may be given to subsequent subdivisions of the same area.All monies, interests, and other forms of earnings resulting from the fee shall thereafter be the property of the County. The interests and earnings accrued from the fee shall be expended in the same manner as the fee itself.Credit for Private Park and Playground.Where land for a private park, playground or recreational area is provided in a subdivision, and the area is to be privately owned and maintained and used by the occupants in the subdivision, such land may be credited on an area for area basis against the land which would otherwise be required to be dedicated under Subsection (d) of this Section; provided that, such credit shall not exceed 50% of the land that would otherwise be required to be dedicated under said Subsection.The credit shall be subject to the following standards and requirements and subject to the approval of the Planning Commission upon consultation with the Department of Public Works.The park, playground or recreational area shall be clearly set aside as a recreational area.No credit shall be given for setback areas which are required by other State and County statutes, ordinances, and regulations.The use of the site is restricted for park, playground and recreational purposes by recorded covenants which shall run with the land for the use of all the purchasers or occupants in the subdivision. The covenant shall specify that the restricted use cannot be altered without the consent of the Planning Commission. The covenants shall also obligate all of the occupants of the subdivision to be mandatory members of the private park, playground or recreational area.There shall be adequate assurance for perpetual maintenance of the private parks and playgrounds by recorded covenant running with the land which shall include but not necessarily be limited to the following:Provisions obligating the subdividers, purchasers or occupants in the subdivision to maintain the private parks and playgrounds in perpetuity.Provisions empowering the County to enforce the covenants to maintain the private parks and playgrounds and authorize the performance of maintenance work by the County Engineer in the event of failure by the subdivider, purchaser or occupant to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until paid.Legal documents shall be drawn up by the subdivider to ensure the above-mentioned conditions and requirements and shall be subject to the review and approval of the County Attorney as to form and legality. The subdivider shall be required to file with the Bureau of Conveyances a declaration of the above-mentioned documents. A certified copy of the documents as issued by the Bureau of Conveyances shall be presented to the Planning Commission as evidence of recordation, prior to occupancy of any subdivision.Golf courses, marinas or other similar uses, as determined by the Planning Director, which serve only a certain group of individuals shall not be considered as credit for private parks.Where lands for park and playground were dedicated or provided in perpetuity prior to May 20, 1977, and the Planning Commission determines that the lands satisfy the requirements of Subsection (f)(2) of this Section, the land may be credited against the park land which would otherwise be required under Subsection (d) of this Section; provided that, the credit shall not exceed 50% of the land that would otherwise be required under Subsection (d). The land shall be subject to the standards enumerated under Subsection (f)(2) of this Section.