§ 5.5. Recreation.

5.5.1. Applicability.

(a)

This section applies to:

(1)

Any major subdivision that creates lots reasonably expected to be used for dwelling units; or

(2)

Any multifamily development.

(b)

In all cases the Chapel Hill Parks and Recreation Commission shall review and make recommendations to the town council on the provision or dedication of parks and open space.

(c)

In all cases the Chapel Hill Greenways Commission shall review and make recommendations to the town council in the event that proposed development may be located on or have an impact on greenway areas identified in the town's comprehensive plan, greenway project conceptual plans adopted by the council, and/or greenway project master plans adopted by the council.

(d)

Provision or dedication of parks and open space is not required for a minor subdivision.

(e)

Phases of development within a subdivided tract that occur after the initial subdivision must provide the required parks and open space appropriate for the subsequent development of those tracts. For example, if multifamily dwellings are built within an already subdivided tract, those dwellings must comply with recreation and outdoor space ratios required for multifamily dwellings by this section.

5.5.2. Minimum Recreation Area and Recreation Space.

(a)

Residential subdivisions.

This section applies to any application for subdivision approval in the zoning districts enumerated below. The minimum size in square feet of a recreation area shall be derived by multiplying the gross land area of the development by the applicable ratio shown below:

Zoning district	Recreation area ratio
R-LD5	.040
R-LD1	.050
R-1A	.061
R-1	.071
R-2A	.095
R-2	.120
R-3	.170
R-4, 5, 6 and all other nonresidential zoning districts	.218

 

(Ord. No. 2004-02-23/O-2)

(b)

Suitability of land.

(1)

Land provided or dedicated as recreation area shall be outside of the resource conservation district and of a character, shape and location suitable for use as a playground, playfield, or for other active recreation purposes including greenway pedestrian and non-motorized vehicle easements. Recreation areas shall be located on land that is relatively flat and dry and is otherwise capable of accommodating active recreation uses, except as exempted under the provisions of subsections (e)(2) and (e)(3), below.

(2)

For sites that abut or include areas designated as future greenways on the town's comprehensive plan, greenway project conceptual plans adopted by the council, and greenway project master plans adopted by the council, the town council may require that a dedicated public pedestrian and non-motorized vehicle easement along all such areas be the recreation space provided under this ordinance.

(3)

Recreation areas and recreation spaces shall be conveniently accessible to all residents of the subdivision and, other than greenway pedestrian and non-motorized vehicle easements, shall have at least fifty (50) feet of frontage on at least one public street within the subdivision. Land provided or reserved for active recreation shall form a single parcel except where the town council determines that two (2) or more parcels are more suitable to the needs of a particular subdivision. The Town Council may require that such parcels be connected.

(4)

In large developments it is desirable to have parks and recreation areas within walking distance of new residences.

(c)

Method of provision or dedication.

Land provided or dedicated for recreation purposes shall be designated on the subdivision's final plat(s). The town council may require that such land be dedicated to the town or other appropriate public body. If the town does not require that the land be dedicated or deeded to an appropriate public body, then the town may require that a neighborhood or homeowners' association be established for the continuing maintenance and control of common recreation area and facilities.

(d)

Payments in lieu of provision or dedication.

(1)

In lieu of providing or dedicating recreation area required pursuant to this section, a developer of a subdivision may, with the approval of the town council, make a payment to the town whereby the town may acquire or develop recreation land to serve the subdivision. A developer may make a partial payment in combination with the partial provision of recreation area if the town council determines that the combination is in the best interests of the citizens of the area to be served.

(2)

The town council may require a payment to the town in lieu of providing or dedicating recreation area required pursuant to this section where the minimum recreation area required by this section equals four (4) acres or less.

(3)

The town shall use such payment only for the acquisition or development of recreation, park, greenways, or open space sites, as allowed by law.

(4)

Payments in lieu of recreation area shall be determined by the following formula:

A per square foot value of the property shall be determined, as established by Orange County and/or Durham County for real estate tax purposes. The value established by Orange County and/or Durham County shall include only the value of the land and shall not include the value of existing structures and improvements. The square foot value shall be multiplied by the number of square feet of recreation area required for the development to arrive at a base value. The base value shall be multiplied by a recreation area payment in lieu multiplier to determine the required amount of payment in lieu of recreation.

The payment in lieu multiplier for recreation area shall be established by the town council annually as part of the budget process.

(5)

The developer shall make the payment before approval of a final plat for the subdivision, provided, however, that the town manager may allow phasing of payments consistent with the approved phasing of the subdivision.

(6)

In the event that a property owner successfully appeals the county valuation of the property after the payment in lieu for recreation area is made to the town, and the resulting change in valuation would have reduced the amount of the payment in lieu for recreation area, the town shall reimburse the developer the difference between what was paid and what would have been paid had the revised valuation been used.

(Ord. No. 2005-10-10/O-6, § 1; Ord. No. 2006-04-10/O-5, § 1)

(e)

Exemptions.

(1)

The town council may exempt an application from the recreation area requirements in this section if the required recreation area is less than three thousand (3,000) square feet.

(2)

If the town council determines that assembling a piece of land to meet the requirements of subsection (b) either would create undue hardships or is not necessary because the active recreational needs of the subdivision are already being met by dedicated land or by existing recreation areas, it may waive any requirements of that subsection. In such cases, the required recreational area may be used for preserving woods, steep slopes, ponds, streams, glens, rock outcrops, native plant life, and wildlife cover. These areas would provide for the community's need for passive recreational areas and/or greenways.

(3)

If the site abuts or includes areas designated as future greenways on the town's comprehensive plan, greenway project conceptual plans adopted by the council, and greenway project master plans adopted by the council, land area dedicated as a public pedestrian non-motorized vehicle easement or deeded to the town along the greenway may be applied to requirements for dedication of recreation area and exempted from the land suitability requirements of subsection (b).

(f)

Substitution of off-site land for dedicated recreation area.

(1)

Any subdivider required to provide or dedicate recreation area pursuant to this section may, with the approval of the town council, dedicate recreation area outside the boundaries of the land being subdivided but in a nearby area of town.

(2)

The substitute dedicated recreation area shall be in a location acceptable to the town council, shall be comparably valued, and shall meet all suitability requirements as set forth under the provisions of subsection (b), above.

(g)

Multifamily dwelling units.

Active, improved space (either indoors or outside) shall be provided for the common active recreational use of residents of multifamily developments. For sites that abut or include areas designated as future greenways in the town's comprehensive plan, greenway project conceptual plans adopted by the council, and greenway project master plans adopted by the council; land dedicated for a public pedestrian and non-motorized vehicle easement or deeded to the town along the greenway may be substituted for required improved recreation space. The minimum size of such active recreation space shall be the number of square feet derived by multiplying gross land area of the development by the applicable ratio shown below.

Zoning districts	Recreation space ratio
TC-1, TC-2, TC-3	.120
CC, MU-V	.046
N.C.	.039
OI-2	.046
OI-1	.046
I	.032
R-SS-C, R-6, R-5	.050
R-4	.039
R-3	.032
R-2, R-2A, R-1	.025
R-1A	.022
R-LD1	.020
All Others	.015

 

(Ord. No. 2007-02-26/O-3a, § 6; Ord. No. 2007-02-26/O-5, § 8)

(h)

Payments in lieu of improved recreation space.

In lieu of providing recreation space required pursuant to this section, a developer of a multifamily dwelling or planned development may, with the approval of the town council (or planning commission if final approval is by the planning commission), make a payment to the town whereby the town may acquire or develop recreation land or greenways to serve the development. A developer may make a partial payment in combination with the partial provision of recreation space if the town council determines that the combination is in the best interests of the citizens of the area to be served.

The town council (or planning commission if final approval is by the planning commission), may require a payment to the town in lieu of providing or dedicating recreation space required pursuant to this section.

The town shall use such payment only for the acquisition or development of recreation, park, or open space sites to serve residents of the development or residents of more than one (1) subdivision or development within the immediate area. The amount of the payment shall be the product of the amount of recreational space required, multiplied by a dollar amount established by the town council annually as part of the budget process.

The developer shall make the payment before issuance of a zoning compliance permit for the development, provided, however, that the town manager may allow phasing of payments consistent with the approved phasing of the development.

(i)

Connectivity.

Purpose statement: The town hereby finds and determines that an interconnected system of parks, trails, greenways, and bikeways provides a greater public benefit than isolated parks with access exclusively by automobiles. Such areas can provide form to neighborhoods, a common public gathering space, and an opportunity to protect natural areas.

Recreation area provided pursuant to this section shall be aligned with and shall adjoin any area designated as a park or open space area on adjoining property, including any public greenway, linear park, or similar facility. Sidewalks, trails, or similar facilities shall align with such facilities in an adjoining tract or, where adjoining tracts are unimproved, with any area designated for parks or open space in the comprehensive plan or any parks master plan adopted by the town.

(Ord. No. 2009-05-18/O-4, §§ 1—8; Ord. No. 2014-03-10/O-2, § 3 )