This chapter is guided by and intends to fulfill Principle 7 of the Town Plan of Wendell, which calls for an "increase in community amenities, such as parks. . ." Additionally, the purpose of this Chapter is to permanently set aside and save for public use and enjoyment undeveloped or predominately undeveloped land which has value for one or more of the following purposes: (1) park and recreational purposes, (2) conservation of land and other natural resources, or (3) historic or scenic purposes.

A.

All residential development classified as major subdivisions shall be required to dedicate open space. Developers may, as an alternative and with proper justification, elect to pay a fee in lieu of land dedication with approval of the Board of Commissioners.

B.

Exemptions: Developments in OSC and RA districts are required to conserve open space by their base district standards (see Chapter 2). These districts are therefore exempt from the dedication requirements of this Chapter.

All land dedicated for open space shall substantially meet the criteria below:

A.

Land eligible for possible open space dedication and/or credit include areas not covered by residential and commercial building lots or parking lots, dry detention structures, planting yards, streets, or required setbacks and meets the requirements of this section and section 7.4, Open Space Types.

B.

Accessibility.

1.

Open space shall be conveniently accessible to all residents of the development, and/or the public and shall have at least 60 feet of frontage or 25 percent of its perimeter on at least one public street within the development.

2.

All residential units within a major subdivision of the town shall be within close proximity of open space.

3.

With the approval of the Administrator, open space land may be cleared of underbrush and debris and may contain one or more of the following enhancements: landscaping, walls, fences, walks, statues, boardwalks, wildlife viewing sites, educational and informational signs and exhibits, utilities, irrigation, fountains, ball fields, playground equipment, historic sites and structures, and other appropriate structures.

C.

Location.

1.

Open space land shall be located so as to at least serve the needs of the residents of the neighborhood and/or the residents of the immediate area within which the development is located.

2.

Open space land should provide focal points for developments and the Town.

3.

Enhancements should be located toward the interior of the open space land to provide for adequate safety of users.

4.

Areas described in the Zebulon & Wendell Open Space & Greenway Master Plan or any other adopted open space land or greenways plan shall be preserved and dedicated where practical and feasible.

D.

Usability.

1.

At least one-half of the total open space land dedicated shall be located outside areas of special flood hazard, including the 100-year floodplain. Within the area proposed for dedication, sufficient engineering data and/or detail shall be indicated to insure compliance with this section.

2.

Dedicated areas including road/street rights-of-way, easements or areas for public utility transmission lines shall not receive credit in the computation for the amount of open space land required.

E.

Topography. The Administrator shall have the right to disqualify lands proposed for open space where topography makes them unsuitable for their intended open space use.

F.

Shape. The shape of land for active recreation shall be suitable for, but not limited to, playground, courts, or playfields. The shape of land for passive recreation shall be sufficient to encompass the walking or jogging path, natural or cultural resource or other proposed area.

G.

Plan Compatibility. For developments which abut or include areas designated on the Open Space & Greenway Master Plan, the Town may require that the open space be located in accordance with the proposed site or portion of an existing site as shown thereon. For developments that abut or include areas designated as future greenways on the Open Space & Greenway Master Plan, the Board of Commissioners shall require a 20-foot minimum width public pedestrian and non-motorized vehicle easement be dedicated along all such areas in all or part of the open space land required under this Chapter.

H.

Dedication Procedure. Open space land shall be separately deeded to either a homeowner's association, a non-profit land trust or conservancy, Wake County, to the Town of Wendell (upon approval by the Board of Commissioners), or may be held in private ownership with conservation easements recorded in the Wake County Register of Deeds in a form approved by the Town. A metes and bounds description of the space to be preserved and limits on its use shall be recorded on the development plan, in homeowner covenants, and on individual deeds when open space lands are not held entirely in common. Alternative means of permanent open space preservation may include acceptance by a land conservation trust or a unit of government. Private management alternatives will also be permitted. It is the intent of this chapter that all dedicated lands remain perpetually as open space lands.

I.

Design and Development Plans. The Administrator shall review all open space lands design and development plans for consistency with the intent of this chapter. When such land design and plans are determined appropriate by the administrator, the Administrator may approve them.

Open Space land shall be classified in accordance with this Chapter. Open space, not classified under these types, shall not be counted toward the dedication requirement of this Ordinance.

A.

Types.

1.

Passive Open Space (Unimproved): Up to 75 percent of the park, recreation, and open space lands shall be provided for passive recreation purposes such as walking, jogging, relaxation, etc. Preservation of cultural or natural resources such as steep slopes, rock outcroppings, mature woodlands or water resources may also be counted towards passive recreation provided there is access for public enjoyment and appreciation of such resources.

2.

Park Space (Improved): At least 25 percent of the park, recreation, and open space land shall be provided as improved Park Space. Improved Park Space must be primarily grassed and properly maintained, and contain the minimum amenities described below. Additionally, one-third of the required Park Space must be completely designed for active recreation purposes such as playgrounds, tennis courts, ball fields, volleyball courts, etc. Constructed multi-use paths (paved; min. ten ft. wide) within greenway easements required by the Open Space and Greenway Master Plan, or which could reasonably connect to a planned greenway shown in an adopted plan, while passive in nature, shall be credited as active recreational open space for the area of the public greenway easement. Indoor recreational facilities, including but not limited to indoor pools and fitness centers, as well as permitted rooftop amenities may also count towards open space requirements.

a.

Minimum Amenities for Park Space.

i.

Public Seating: Provide seating areas appropriate to the intended use of the space (e.g., park benches and durable theft/vandalism-resistant chairs in formal/active spaces and garden wall seats in informal spaces). Seating must be provided at a minimum rate of 1 seating area per 10,000 square feet.

ii.

Supplemental Tree Planting/Significant Species Preservation: A minimum of one tree (two-inch caliper minimum measured six inches above the ground at installation) or one preserved existing canopy tree a minimum of 12 inches caliper for every 2,500 square feet of required park space.

iii.

Trash Receptacle: Garbage receptacles and recycling receptacles shall be required for each park space at a minimum rate of one per 20,000 square feet of space. Receptacles shall use a metal, decorative design and shall be placed in close proximity to gathering spaces. The administrator may waive the requirement for receptacles for park spaces less than 10,000 square feet, where no more than two public seating areas are provided.

iv.

Bicycle Parking: At least two bicycle parking spaces shall be required for every one-quarter acre of park space (minimum ¼ acre).

v.

Paved Walkways: All park spaces shall incorporate hard-surface (non-gravel) walkways into the overall design.

b.

Active Recreation Example.

i.

Based on the Town's dedication requirements (Section 7.5), a 100-lot subdivision would be required to dedicate a total of 4 acres of open space. Up to 75 percent (three acres) of the open space could remain Passive (unimproved). A minimum of one acre must be Park Space (improved). Of that one acre, one-third of the land (14,375 square feet) shall be fully occupied by an active recreational use, such as a playground, tennis court (7,200 sq. ft. for single), basketball court (3,108 sq. ft.), swimming pool, ballfield, etc.

B.

Common Area Open Space. Common, open space lands are designed to serve the residents of the immediate block or neighborhood. Ownership and maintenance of such common areas shall be in fee simple title to a homeowners association or similar organization.

C.

Public Open Space. Public Open Space lands shall be dedicated to the Town of Wendell, Wake County, or a non-profit conservancy organization for ownership and maintenance. Public open space shall be open to the public. Hours of access may be restricted in accordance with health and safety guidelines. Open space lands dedicated to the Town of Wendell shall be in accordance with an Open Space Land Master Plan or other adopted plan and approved by the Board of Commissioners for ownership and maintenance.

(Ord. No. O-31-2017, § 1, 10-9-2017)

Open space dedication is required for residential development.

A.

Residential open space dedication requirements vary by product type and shall be provided in the amounts specified below.

1.

Single family detached—1,750 square feet per dwelling (based on average of 3.5 bedrooms per unit).

2.

Townhomes—1,000 square feet per dwelling (based on avg. of two bedrooms per unit).

3.

Duplex—1,000 square feet per dwelling (based on avg. of two bedrooms per unit).

4.

All other multi-family—500 square feet per dwelling unit.

B.

Reserved.

C.

Open Space Examples.

(Ord. No. O-31-2017, §§ 2, 3, 10-9-2017)

A.

Any person developing and/or subdividing property subject to this Chapter, upon approval of the Board of Commissioners, may make a payment in lieu of any required dedication of open space land.

B.

Value Determination.

1.

For all multi-family developments (excluding townhomes), payment in lieu of dedication shall be established by the adopted Town of Wendell fee schedule. Payment in lieu of dedication for single family detached and townhome developments shall be the product of the average post-development appraised value per acre of the land within the development multiplied by the number of acres required to be dedicated: as shown in the following formula and as described in section 2 and section 3 below:

2.

Average Post Development Appraised Per Acre Value of Entire Development

x (Required Open Space Dedication)

= Payment in Lieu Dedication Fee

3.

The average Post Development Appraised Value per acre of the Entire Development shall be established by an appraiser at the applicant's expense. The appraiser shall be a member in good standing of the American Institute of Real Estate Appraisers.

4.

Any disagreement in the amount of required payment shall be resolved by conducting a second professional appraisal of the fair market value of the property. Another professional appraiser shall be mutually agreed upon by the developer and Town. This appraiser shall be appointed by the Town, at the developer's expense, should an initial agreement not be reached.

C.

The Board of Commissioners may, at its discretion, accept either an equitable amount of land in another location or a fee paid to the Town in lieu of dedication. A combination of open space land dedication and payments-in-lieu of dedication may be permitted.

D.

All open space land dedication payments made in lieu of dedication shall be made at the time of Preliminary Plat approval. Failure to make such dedication and/or submit the required fee along with such applications will delay approval of such submissions until payment is rendered. All funds received for payment in lieu of dedication shall be deposited in a special fund or line item to be used only for the acquisition, development, management and/or redevelopment of public open space by the Town.

E.

Reasons for payments in lieu of dedication may include, but are not limited to, proximity to existing public parks and/or existing topographic or geographic conditions.

(Ord. No. O-31-2017, § 4, 10-9-2017)