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Pleasant Hill City Zoning Code

CHAPTER 172

DEDICATION OF PARKLAND

(Ord. No. 610, 08/01/2004) 

172.01 PURPOSE.

When a subdivision of land, a plat of subdivision, a planned unit development, or a site plan for residential development occurs in the City of Pleasant Hill, it is subject to the requirements for parkland dedication in a manner consistent with the City's Comprehensive Plan. The purpose of this chapter is to regulate the use and development of land so as to assure that new developments provide for the health, safety, and welfare of future residents by providing land for public parks within the City and within areas being newly developed or redeveloped for residential purposes.

Effective on: 1/1/1901

172.02 RULES OF CONSTRUCTION.

  • The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety, and welfare.
  • For the purposes of administration and enforcement, unless otherwise stated in this chapter, the following rules of construction shall apply to the text of this chapter:
    1. In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table, or illustrative table, the text shall control.
    2. The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
    3. Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
    4. The phrase "used for" includes "arranged for", "designed for", "maintained for" or "occupied for".
    5. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other legal entity.
    6. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction and, or, or either ...or, the conjunction shall be interpreted as follows:
      1. "And" indicates that all the connected terms, conditions, provisions, or events shall apply.
      2. "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.
      3. "Either ...or" indicates that the connected items, conditions provisions or events shall apply singly but not in combination.
    7. The word "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
    8. "Zoning Administrator" means the zoning administrator or the municipal official(s) he/she may designate to carry out the administration of this chapter.

    • Effective on: 1/1/1901

    172.03 DEFINITIONS.

    Repealed by Ordinance #936.  See Chapter 165.02.

    (Ord. No. 936, 01/30/2024)

    Effective on: 1/30/2024

    172.04 REQUIREMENTS OF DEDICATION OF PARKLAND.

  • Any developer who, after the effective date of the ordinance codified in this chapter (August 18, 2004), seeks to develop land for residential purposes within the City shall be required to dedicate public parkland.
  • No new plats or site plans for residential development shall be approved unless and until the provisions of this chapter are complied with.

    • Effective on: 1/1/1901

    172.05 COMPUTATIONS OF THE AMOUNT OF PUBLIC PARKLAND REQUIRED.

    This section shall prescribe the minimum amount of space to be provided in a proposed development for use as a public park.  Such space shall be required to be provided for by a developer who, after the effective date of the ordinance codified in this chapter, seeks to develop land within the City by submitting a plat or site plan for approval.

    1. The amount of public parkland required in a proposed development shall be a minimum of 20,000 square feet and computed as follows:
      1. Residential Occupancy Per Living Units. In determining the anticipated occupancy for the proposed development, it shall be assumed that the following dwellings will accommodate the following number of individuals:
    LAND USE TYPE (UNIT)
    Individuals Per Each Residential Living Unit
    Single-Family Detached2.980 individuals
    Single-Family Attached1.954 individuals
    Multi-Family1.615 individuals
    Mobile Home each Unit1.600 individuals
    LAND USE TYPE (UNIT)
    Individuals Per Each Residential Living Unit
    Single-Family Detached2.980 individuals
    Single-Family Attached1.954 individuals
    Multi-Family1.615 individuals
    Mobile Home each Unit1.600 individuals
    LAND USE TYPE (UNIT)
    Individuals Per Each Residential Living Unit
    Single-Family Detached2.980 individuals
    Single-Family Attached1.954 individuals
    Multi-Family1.615 individuals
    Mobile Home each Unit1.600 individuals
    LAND USE TYPE (UNIT)
    Individuals Per Each Residential Living Unit
    Single-Family Detached2.980 individuals
    Single-Family Attached1.954 individuals
    Multi-Family1.615 individuals
    Mobile Home each Unit1.600 individuals
      1. Public Parkland Per Individual.  In determining the space required for public parkland in a proposed development, it shall be required that 5 acres of recreational space be provided for every 1,000 individuals.  Since some developments will not house 1,000 individuals, the space requirement is to be applied on a per individual basis. Therefore, .005 acres of public parkland shall be provided for each individual proposed to be housed in the new development based on the assumptions contained in paragraph 1A, above.
        1. Calculation of Required Public Parkland for Each Development.
      Table 172.05 Calculation of Required Public Parkland for Each Development
      Development TypeFormula for CalculationExample Calculation

      Maximum Parkland

      (% of total acres being developed)

      Single Family
      Detached Developments

      (for Ownership)

      		(number of lots) x (2.980 individuals/lot) x (.005 acres/individual)

      For a development proposing 75 lots:

      75 lots x 2.980 x .005 = 1.118 acres

      A minimum of 1.118 acres of property must be dedicated to public parkland.

      		5%

      Single Family
      Attached Developments

      (for Ownership)

      		(number of lots) x (1.954 individuals/lot) x (.005 acres/individual)

      For a development proposing 75 lots:

      75 lots x 1.954 x .005 = .7328 acres

      A minimum of .7328 acres of property must be dedicated to public parkland.

      Up to 12 units per acre: 10%

      More than 12 units per acre: 15%

      Multi-Family Developments

      (for Rental)

      		(number of units) x (1.615 individuals/unit)1 x (.005 acres/individual)

      For a development proposing 100 units:

      100 units x 1.615 x .005 = .8075 acres

      A minimum of .8075 acres of property must be dedicated to public parkland.

      Up to 12 units per acre: 10%

      More than 12 units per acre: 15%
      Mobile Home Developments(number of lots) x (1.60 individuals/lot) x (.005 acres/individual)

      For a development proposing 75 lots:

      75 lots x 1.60 x .005 = .60 acres

      A minimum of .60 acres of property must be dedicated to public parkland.

      		10%

      1 The 1.615 is based upon 2000 census for rental occupancy.

      Additional Notes:

      • If a plat or site plan is requested for mixed uses, then subsection 1 of this section shall apply only to those areas of the plat or site plan devoted to residential uses.
      • The dedicated public parkland may include waterways and ponds, provided the area of such waterways and ponds is not used to satisfy the amount of public park land required in subsection 1 of this section.
      • In the case of change of use, redevelopment, expansion, or modification of an existing use which requires the approval of an amended plat or site plan, the above space requirements for public parkland shall be based upon the new lots or new units being proposed for development.
      • Where proposed subdivisions abut undeveloped lands, the dedicated public parkland shall be located adjacent to the subdivision boundaries with the undeveloped land, at the discretion of the Council, to allow the public parkland to be increased in size when the adjacent property develops.
      Table 172.05 Calculation of Required Public Parkland for Each Development
      Development TypeFormula for CalculationExample Calculation

      Maximum Parkland

      (% of total acres being developed)

      Single Family
      Detached Developments

      (for Ownership)

      		(number of lots) x (2.980 individuals/lot) x (.005 acres/individual)

      For a development proposing 75 lots:

      75 lots x 2.980 x .005 = 1.118 acres

      A minimum of 1.118 acres of property must be dedicated to public parkland.

      		5%

      Single Family
      Attached Developments

      (for Ownership)

      		(number of lots) x (1.954 individuals/lot) x (.005 acres/individual)

      For a development proposing 75 lots:

      75 lots x 1.954 x .005 = .7328 acres

      A minimum of .7328 acres of property must be dedicated to public parkland.

      Up to 12 units per acre: 10%

      More than 12 units per acre: 15%

      Multi-Family Developments

      (for Rental)

      		(number of units) x (1.615 individuals/unit)1 x (.005 acres/individual)

      For a development proposing 100 units:

      100 units x 1.615 x .005 = .8075 acres

      A minimum of .8075 acres of property must be dedicated to public parkland.

      Up to 12 units per acre: 10%

      More than 12 units per acre: 15%
      Mobile Home Developments(number of lots) x (1.60 individuals/lot) x (.005 acres/individual)

      For a development proposing 75 lots:

      75 lots x 1.60 x .005 = .60 acres

      A minimum of .60 acres of property must be dedicated to public parkland.

      		10%

      1 The 1.615 is based upon 2000 census for rental occupancy.

      Additional Notes:

      • If a plat or site plan is requested for mixed uses, then subsection 1 of this section shall apply only to those areas of the plat or site plan devoted to residential uses.
      • The dedicated public parkland may include waterways and ponds, provided the area of such waterways and ponds is not used to satisfy the amount of public park land required in subsection 1 of this section.
      • In the case of change of use, redevelopment, expansion, or modification of an existing use which requires the approval of an amended plat or site plan, the above space requirements for public parkland shall be based upon the new lots or new units being proposed for development.
      • Where proposed subdivisions abut undeveloped lands, the dedicated public parkland shall be located adjacent to the subdivision boundaries with the undeveloped land, at the discretion of the Council, to allow the public parkland to be increased in size when the adjacent property develops.
      Table 172.05 Calculation of Required Public Parkland for Each Development
      Development TypeFormula for CalculationExample Calculation

      Maximum Parkland

      (% of total acres being developed)

      Single Family
      Detached Developments

      (for Ownership)

      		(number of lots) x (2.980 individuals/lot) x (.005 acres/individual)

      For a development proposing 75 lots:

      75 lots x 2.980 x .005 = 1.118 acres

      A minimum of 1.118 acres of property must be dedicated to public parkland.

      		5%

      Single Family
      Attached Developments

      (for Ownership)

      		(number of lots) x (1.954 individuals/lot) x (.005 acres/individual)

      For a development proposing 75 lots:

      75 lots x 1.954 x .005 = .7328 acres

      A minimum of .7328 acres of property must be dedicated to public parkland.

      Up to 12 units per acre: 10%

      More than 12 units per acre: 15%

      Multi-Family Developments

      (for Rental)

      		(number of units) x (1.615 individuals/unit)1 x (.005 acres/individual)

      For a development proposing 100 units:

      100 units x 1.615 x .005 = .8075 acres

      A minimum of .8075 acres of property must be dedicated to public parkland.

      Up to 12 units per acre: 10%

      More than 12 units per acre: 15%
      Mobile Home Developments(number of lots) x (1.60 individuals/lot) x (.005 acres/individual)

      For a development proposing 75 lots:

      75 lots x 1.60 x .005 = .60 acres

      A minimum of .60 acres of property must be dedicated to public parkland.

      		10%

      1 The 1.615 is based upon 2000 census for rental occupancy.

      Additional Notes:

      • If a plat or site plan is requested for mixed uses, then subsection 1 of this section shall apply only to those areas of the plat or site plan devoted to residential uses.
      • The dedicated public parkland may include waterways and ponds, provided the area of such waterways and ponds is not used to satisfy the amount of public park land required in subsection 1 of this section.
      • In the case of change of use, redevelopment, expansion, or modification of an existing use which requires the approval of an amended plat or site plan, the above space requirements for public parkland shall be based upon the new lots or new units being proposed for development.
      • Where proposed subdivisions abut undeveloped lands, the dedicated public parkland shall be located adjacent to the subdivision boundaries with the undeveloped land, at the discretion of the Council, to allow the public parkland to be increased in size when the adjacent property develops.
      Table 172.05 Calculation of Required Public Parkland for Each Development
      Development TypeFormula for CalculationExample Calculation

      Maximum Parkland

      (% of total acres being developed)

      Single Family
      Detached Developments

      (for Ownership)

      		(number of lots) x (2.980 individuals/lot) x (.005 acres/individual)

      For a development proposing 75 lots:

      75 lots x 2.980 x .005 = 1.118 acres

      A minimum of 1.118 acres of property must be dedicated to public parkland.

      		5%

      Single Family
      Attached Developments

      (for Ownership)

      		(number of lots) x (1.954 individuals/lot) x (.005 acres/individual)

      For a development proposing 75 lots:

      75 lots x 1.954 x .005 = .7328 acres

      A minimum of .7328 acres of property must be dedicated to public parkland.

      Up to 12 units per acre: 10%

      More than 12 units per acre: 15%

      Multi-Family Developments

      (for Rental)

      		(number of units) x (1.615 individuals/unit)1 x (.005 acres/individual)

      For a development proposing 100 units:

      100 units x 1.615 x .005 = .8075 acres

      A minimum of .8075 acres of property must be dedicated to public parkland.

      Up to 12 units per acre: 10%

      More than 12 units per acre: 15%
      Mobile Home Developments(number of lots) x (1.60 individuals/lot) x (.005 acres/individual)

      For a development proposing 75 lots:

      75 lots x 1.60 x .005 = .60 acres

      A minimum of .60 acres of property must be dedicated to public parkland.

      		10%

      1 The 1.615 is based upon 2000 census for rental occupancy.

      Additional Notes:

      • If a plat or site plan is requested for mixed uses, then subsection 1 of this section shall apply only to those areas of the plat or site plan devoted to residential uses.
      • The dedicated public parkland may include waterways and ponds, provided the area of such waterways and ponds is not used to satisfy the amount of public park land required in subsection 1 of this section.
      • In the case of change of use, redevelopment, expansion, or modification of an existing use which requires the approval of an amended plat or site plan, the above space requirements for public parkland shall be based upon the new lots or new units being proposed for development.
      • Where proposed subdivisions abut undeveloped lands, the dedicated public parkland shall be located adjacent to the subdivision boundaries with the undeveloped land, at the discretion of the Council, to allow the public parkland to be increased in size when the adjacent property develops.

      Effective on: 1/1/1901

      172.06 PARKLAND DEDICATION LOCATION AND MINIMUM STANDARDS.

      Land dedicated for parkland shall be located within the same neighborhood park service area (as identified in the City's adopted Parks, Recreation, and Open Space Plan) in which the subject development is located.  The specific location of the land to be dedicated shall be acceptable to the City, as determined by the Zoning Administrator, and shall be located and planned with future parkland dedications to create a neighborhood park site that will be no less than 7.5 acres in size.

      All land to be dedicated to meet this with the parkland dedication requirement shall be useable park space as determined by the Zoning Administrator, shall not be located within any floodplain, shall not contain any areas for storm water detention, and shall have cross slopes no greater than 5%.

      The dedicator of parkland shall be responsible for rough grading, stabilization, and seeding of the parkland and providing paved public street access, sanitary sewer services, and water service to the property.

      (Ord. No. 845, 11/01/2018)

      Effective on: 12/31/2019

      172.07 REQUIREMENTS OF DEDICATION OF LAND OR EASEMENTS FOR TRAILS.

      Where bike/pedestrian or recreational trails are indicated in the Comprehensive Plan the developer shall be required to dedicate land or trail easements of at least twenty (20) feet in width.  This land or easements, if approved by the Council, may serve to satisfy parkland dedication requirements based on the area of land dedicated in fee title or by perpetual easement.

      (Ord. No. 845, 11/01/2018)

      Effective on: 12/31/2019

      172.08 ALTERNATIVES TO DEDICATIONS OF PUBLIC PARKLAND.

      In such situations as determined by the Zoning Administrator where all or a portion of land for a neighborhood park cannot be dedicated, the developer shall construct or otherwise complete park improvements within the neighborhood park service area equal to the value of the required parkland dedication.  The value of these improvements shall be based on the fair market value of the land to be dedicated.  Subject to approval by the City, park improvements may include construction and installation of trails, parking lots, playground equipment, park shelters, tennis courts, basketball courts, ball fields and appurtenances, and landscaping and the dedication of land or easements necessary for planned trails.  The developer shall provide written proof of the land's value and written estimates of the costs of the park improvements.

      (Ord. No. 845, 11/01/2018)

      Effective on: 12/31/2019

      172.09 STREAM BUFFER DEDICATION CALCULATION AND CREDIT.

      At the discretion of the City, all development, including residential, commercial, and industrial, that includes land identified in the City's adopted Parks, Recreation, and Open Space Plan as greenways shall be dedicated to the City at the time development.  For the purposes of this Chapter, greenways required to be dedicated to the City include all required Stream Buffers for Type I and Type II streams as defined in CHAPTER 104 of the City Code.

      The dedicator of said required stream buffer may request a credit from the City toward a current or future parkland dedication requirement at the following conversation rate:

      1 acre of stream buffer dedicated to the City shall be equivalent and worth 0.10 acres of parkland dedication.

      If the dedicator of a required stream buffer does not need or want this parkland credit, said credit may be sold or transferred to another developer to apply as credit for a current or future parkland dedication requirement.  Written notice and copies of a transfer agreement shall be provided to the City as record of all credits transferred or sold to another party.

      (Ord. No. 845, 11/01/2018)

      Effective on: 12/31/2019

      172.10 STREAM BUFFER DEDICATION STANDARD.

      Prior to dedication of any greenbelt or stream buffer to the City, the developer dedicating the land shall have an engineer complete an analysis of the stability of all drainageways within the greenbelt or stream buffer to be dedicated and shall complete any improvements determined necessary to prevent or stop drainageway erosion and maintain long-term bank stability.

      (Ord. No. 845, 11/01/2018)

      Effective on: 12/31/2019

      172.11 PARKLAND AND STREAM BUFFER DEDICATION AGREEMENT AND SURETY.

      At the time of development, the developer shall enter into a written agreement with the City to detail the parkland dedication, stream buffer dedication, and/or park improvement.  Depending on the timing of the dedication or park improvement, the developer may propose, and/or the City may require the developer to provide adequate surety to the City to ensure completion of the dedication or improvement.  The form and amount of surety shall be determined by the City at its full discretion.

      (Ord. No. 845, 11/01/2018)

      Effective on: 12/31/2019

      172.12 EXEMPTIONS AND CREDITS.

      The following shall be exempted from the requirements of Sections 172.04, 172.05 and 172.06:

      1. Alterations or expansion of an existing building where no additional residential units are created and where the use is not changed.
      2. The construction of accessory buildings or structures.
      3. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use.
      4. The installation of a replacement mobile home.
      5. The construction of any non-residential building or structure or the installation of a non-residential mobile home.
      6. Minor subdivisions as defined in Section 175.08 (1).

      Any claim of exemption shall be made no later than the time of application for a preliminary plat approval.  Any claim not so made shall be deemed waived.

      (Ord. No. 845, 11/01/2018)

      Effective on: 12/31/2019

      172.13 PENALTY PROVISION.

      A violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution, the City shall have the power to issue a civil infraction for any violation of this chapter and shall be entitled to any fines, injunctive relief, and other remedies allowed the City under the civil infraction provisions of the Code of Iowa. It is specifically declared that the failure of a developer, individual, or entity to comply with the provisions of this chapter shall be a nuisance subject to all fines and remedies provided in this Code.

      (Ord. No. 845, 11/01/2018)

      Effective on: 12/31/2019