§ 4-17. Recreation and open space requirements.

(A)

Every person or corporation that subdivides land for residential purposes under the requirements contained in this ordinance shall also be required to dedicate a portion of such land; to provide cash-in-lieu-of-land payment; or to provide a combination of land, cash and facility development acceptable to the county for the purposes of developing park, recreation and open space sites to serve the residents of the proposed subdivision. Minor subdivisions shall be exempt.

(B)

The amount of land required to be dedicated by a subdivider shall be based on: the most recent Bureau of the Census figures for an average family size in Carteret County; a minimum park and recreation standard factor of eight acres per 1,000 persons; and the total number of dwelling units or lots.

Formula	Example
Total Number of Lots	25 lots
Multiplied by	X
Average Family Size Per Last Census	2.76 persons
Multiplied by	X
0.008 Acres per Person	0.008
Equals	equals
Area Required	0.55 acre

 

(C)

Average acreage per dwelling unit or lot is computed by dividing the combined total acreage of all dwelling units or lots by the number of dwelling units or lots. For computation purposes, land dedicated or reserved for other purposes such as streets, alleys and other purposes other than residential shall not be used in determining average acreage. In no case shall a developer be required to dedicate more than 30 percent of the acreage of a development.

(D)

Criteria for evaluating suitability of proposed recreation, parks and open space areas shall include but not be limited to the following as determined by the Carteret County Planning Commission in consultation with the Carteret County Recreation Advisory Board.

(1)

Unity. The dedicated land shall be a single parcel except where it is determined that two or more parcels would be in the public interest. The planning commission may require that the parcels be connected and may also require a path at least 30 feet in width in addition to the land requirement.

(2)

Location. The dedicated land shall be located so as to serve the recreation needs of the immediate neighborhood within the subdivision.

(3)

Physical characteristics. The shape, topography and subsoils of the dedicated land shall be such as to be usable for parking and active recreation. Lakes and marshes may not be included in computing dedicated land area, unless acceptable to the planning commission.

(4)

Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. Such public easement shall be at least 30 feet in width.

(E)

Fees in lieu of dedication. In lieu of the dedication of land as required in subsection (B), a developer may provide funds in the amount of the assessed value, but not to exceed $15,000.00 per acre, of the land required to be dedicated to Carteret County. The county may use the funds to purchase recreational land or improve existing parks within the recreation district. This may be done in lieu of providing the land required in subsection (B) if so approved by the Carteret County Planning Commission.

(F)

The planning commission may, in cases of an unusual or exceptional nature, allow adjustments in the dedication requirements established in this ordinance. Such adjustments shall be reviewed by the Carteret County Recreation Advisory Board and the planning commission. An unusual or exceptional nature may include but not be limited to land within the development set aside for private recreation or proposed expenditures for recreational facilities or equipment.

(G)

The expenditure of recreation funds paid by the subdivider to the county in lieu of the dedication of land shall be determined by the Carteret County Board of Commissioners.

(H)

If the land required for donation in a particular section of a subdivision exceeds the requirement in subsection (B), the difference can be applied to future sections.

(I)

If the overall master plan of a subdivision shows future recreation areas that are not included in the section receiving final plat approval, the donation of recreation land (or fees) shall not be required for that section at that time.

If the overall master plan of a subdivision shows future recreation areas that are included in the section seeking final plat approval, the donation of that recreation land and any improvements shown thereon may be included in the Performance Guarantee for that section and may be included in any extensions to the Performance Guarantee that are approved by Carteret County.

If the cost or value of the future recreation areas does not equal the amount of fees-in-lieu of land dedication that are due for the entire development, the difference shall be proportionally divided among all lots shown in the overall master plan and that proportional difference shall be due for all lots in each section prior to final plat approval.

If the overall master plan of a subdivision shows no future recreation areas, the donation of recreation fees in-lieu of dedication shall be required prior to final plat approval for each section based upon the number of lots in that section.

(J)

Carteret County shall be divided into recreational districts for the purpose of distributing funds that are collected from the cash-in-lieu-of-land payments. These funds shall be spent only on capital improvements to county-owned recreational facilities.

Any land dedicated to, and accepted by, Carteret County shall be maintained by the property owners' association until such time as Carteret County, by and through the Parks and Recreation Director, notifies the property owners' association, or such other organization or owner of the property, in writing, that the County accepts the dedication.

(Amend. of 10-15-07(1))