RESOLUTION 2004-26
AN AMENDMENT TO COUNTY SUBDIVISION REGULATIONS TO IMPROVE THE PARKLAND DEDICATION REQUIREMENTS
It is the intent of the Montana Association of Counties
to support legislation that amends the park dedication requirements of
Title 76 to allow a county a greater flexibility in creating parks and
recreation in their individual counties through the subdivision
process.
WHEREAS, current park dedication requirements are
limited in their flexibility for growing counties facing increasing requests
for subdivision; and
WHEREAS, current park dedication requirements tend
to leave small parcels of dedicated land unusable for recreational purposes for
the county to maintain; and
WHEREAS, the required exemption of certain types
of subdivision can lead to eventual large densities of development without any
dedication for recreational purposes; and
WHEREAS, parks and recreation are important for
a growing community and add to the quality of life, local culture and the
economy of a community; and
WHEREAS, funding for the creation and
maintenance of new park and recreational facilities is becoming more difficult
to obtain without increasing the local tax burden.
76-3-621 - Park
dedication requirement.
76-3-62176-3-621.
Park dedication requirement. (1) Except as provided in 76-3-50976-3-509 or
subsections (2), (3), (6), and (7) of this section, a subdivider shall dedicate
to the governing body a cash or land donation equal to:
(a) 11% of the
area of the land proposed to be subdivided into parcels of one-half acre or
smaller;
(b) 7.5% of the
area of the land proposed to be subdivided into parcels larger than one-half
acre and not larger than 1 acre;
(c) 5% of the
area of the land proposed to be subdivided into parcels larger than 1 acre and
not larger than 3 acres; and
(d) 2.5% of the
area of the land proposed to be subdivided into parcels larger than 3 acres and
not larger than 5 acres; and,
(e) 1% of
the area of the land proposed to be subdivided into parcels larger than 5 and
not larger than 20 acres.
(2) When a
subdivision is located totally within an area for which density requirements
have been adopted pursuant to a growth policy under chapter 1 or pursuant to
zoning regulations under chapter 2, the governing body may establish park
dedication requirements based on the community need for parks and the
development densities identified in the growth policy or regulations. Park
dedication requirements established under this subsection are in lieu of those
provided in subsection (1) and may not exceed 0.03 acres per dwelling unit.
(3) A
county may exempt park dedication requirements A park dedication may
not be required for:
(a) a minor
subdivision;
(b) land proposed for
subdivision into parcels larger than 5 acres;
(a) subdivision
into parcels that are all nonresidential;
(d) a
subdivision in which parcels are not created, except when that subdivision
provides permanent multiple spaces for recreational camping vehicles, mobile
homes, or condominiums; or
(e) a
subdivision in which only one additional parcel is created.
(4) The
governing body, in consultation with the subdivider and the planning board or
park board that has jurisdiction, may determine suitable locations for parks
and playgrounds and, giving due weight and consideration to the expressed
preference of the subdivider, may determine whether the park dedication must be
a land donation, cash donation, or a combination of both. When a combination of
land donation and cash donation is required, the cash donation may not exceed
the proportional amount not covered by the land donation.
(5) (a) In
accordance with the provisions of subsections (5)(b) and (5)(c), the governing
body shall use the dedicated money or land for development, acquisition, or
maintenance of parks to serve the subdivision.
(b) The
governing body may use the dedicated money to acquire, develop, or maintain,
within its jurisdiction, parks or recreational areas or for the purchase of
public open space or conservation easements only if:
(i) the park,
recreational area, open space, or conservation easement is within a reasonably
close proximity to the proposed subdivision; and
(ii) the
governing body has formally adopted a park plan that establishes the needs and
procedures for use of the money.
(c) The
governing body may not use more than 50% of the dedicated money for park
maintenance.
(6) The local
governing body shall waive the park dedication requirement if:
(a) (i) the
preliminary plat provides for a planned unit development or other development
with land permanently set aside for park and recreational uses sufficient to
meet the needs of the persons who will ultimately reside in the development;
and
(ii) the area of
the land and any improvements set aside for park and recreational purposes
equals or exceeds the area of the dedication required under subsection (1); and
(iii) the
area of the land set aside for park and recreational purposes includes a
construction and maintenance agreement for
the land by the persons who will ultimately reside in the development; and,
(b) (i) the
preliminary plat provides long-term protection of critical wildlife habitat;
cultural, historical, or natural resources; agricultural interests; or
aesthetic values; and
(ii) the area of
the land proposed to be subdivided, by virtue of providing long-term protection
provided for in subsection (6)(b)(i), is reduced by an amount equal to or
exceeding the area of the dedication required under subsection (1);
(c) the area of
the land proposed to be subdivided, by virtue of a combination of the
provisions of subsections (6)(a) and (6)(b), is reduced by an amount equal to
or exceeding the area of the dedication required under subsection (1); or
(d) (i) the
subdivider provides for land outside of the subdivision to be set aside for
park and recreational uses sufficient to meet the needs of the persons who will
ultimately reside in the subdivision; and
(ii) the area of
the land and any improvements set aside for park and recreational uses equals
or exceeds the area of dedication required under subsection (1).
(7) The local
governing body may waive the park dedication requirement if:
(a) the
subdivider provides land outside the subdivision that affords long-term
protection of critical wildlife habitat, cultural, historical, or natural
resources, agricultural interests, or aesthetic values; and
(b) the area of
the land to be subject to long-term protection, as provided in subsection
(7)(a), equals or exceeds the area of the dedication required under subsection
(1).
(8) For the
purposes of this section:
(a) "cash
donation" is the fair market value of the unsubdivided, unimproved
land; and
(b)
"dwelling unit" means a residential structure in which a person or
persons reside.
(9) A land
donation under this section may be inside or outside of the subdivision.
SPONSOR: Gallatin County
RECOMMENDATION: Do Pass
PRIORITY: Low
REFERRED TO: Land Use Planning and Development
Committee
ADOPTED: