Adequate Recreational Facilities under City Code Chapter 22.20
22.02.010 - Purpose.
A. The purposes of testing for and certification of Adequate Public Facilities are to:
- Assure that development and redevelopment occurs in concert with the Capital Improvement Program and will enable the City to provide adequate public facilities in a timely manner and achieve the growth objectives of the Comprehensive Plan as defined in Title 21.
- Assure that proposed development protects the public health and safety, promotes the general welfare of the community, and conserves the environment.
- Assure that proposed development fits harmoniously into the fabric of the community.
- Encourage new development to occur in areas of the City where public facilities are being provided.
B. Adequacy standards should be achievable within a six-year time-frame and the annual Capital Improvement Program should be based on a community facilities plan that insures that existing deficiencies are corrected within that time-frame.
22.20.010 - Responsibility.
The Director of Recreation and Parks shall be responsible for review and assessment of a proposed project with regard to the adequacy of recreational facilities.
22.20.020 - Goal.
The goal of adequate recreational facilities is to ensure that proposed projects contribute to and are served by adequate recreational facilities.
22.20.030 - Exemptions.
This Chapter applies to proposed projects that include residential and mixed residential and commercial uses and buildings. All other proposed projects are exempt from the requirements of this Chapter.
22.20.040 - Standards.
A. The standards required to be promulgated pursuant to Section 22.08.010, shall include but not be limited to:
1. One thousand square-feet of public recreational space per each single-family detached dwelling unit, seven hundred fifty square-feet of public recreational space per each single-family attached dwelling unit, and five hundred square-feet of public recreational space per each multifamily dwelling unit, two-family dwelling unit, or dwelling unit above the ground floor of nonresidential uses, within such proposed project or within a public recreational facility within one-half miles of the proposed project; or
2. The fees in lieu of the provision of such public recreation space; or
3. A combination of the above.
Additional Applied Standards
Based on the code standards above, the Department shall evaluate the proposed project for the provision of onsite recreation space, if any, the existence of acceptable offsite recreation space, if any, and any fees-in-lieu due in accordance with the code and the applicable fee schedule. To measure the radius around the property, the Department requires buffering of an area of ½ mile from the property lines of the parcel.
To determine adequacy of passive and active offsite recreation space, the Department’s criteria include:
- the recreational facility is open from dawn to dusk, 7 days per week.
- sidewalks are not included as recreational space.
- the facilities have adequate public access and linkages via streets or sidewalks within the acceptable radius, and there are no known hazards or safety concerns with the spaces.
All fees in lieu collected pursuant to this regulation shall be used to address impacts within the city through the purchase of land, development of land, and/or improvement of facilities in accordance with the capital improvement program and the Parks and Recreation Chapter of the Annapolis comprehensive plan.
Fee-in-lieu is calculated by taking:
(Total Public Space Required) minus (Total Public Space provided) = Remaining Requirement ((square feet/500 sq. ft.) = Units)).
Fee is Remaining Requirement in units * $250/unit
2.28.010 - Opportunity to mitigate.
A. An applicant whose proposed project is subject to denial or delay under this title shall be given an opportunity to provide infrastructure funds, to improve facilities directly, or to donate necessary facilities in order to allow for approval of the applicant’s application under this title for a Certificate for Adequate Public Facilities.
B. The forms and levels of mitigation required of an applicant shall be roughly proportionate to the projected impact of the proposed project upon the facility or facilities and shall be determined by the Director of Planning and Zoning in consultation with the other departments responsible for the applicable facilities as outlined in Section 22.28.010.
C. For a school facility, mitigation consists of the construction or funding of improvements by a developer that increase capacity of the school facility which, at the time of application, is below the minimum standard in the impact area so that the capacity of the facility in the scheduled completion year is equal to, or greater than, it would have been had the development not been constructed. A mitigation plan with physical improvements may be secured by bond,
22.28.020 - Process.
A. Mitigation consists of the construction or funding of improvements to onsite or offsite public facilities by an applicant that increase capacity or safety on each public facility that is below the minimum standard so that the capacity or safety of the facility after mitigation will be equal to or greater than if the proposed project had not been developed.
B. To determine the appropriate forms and levels of mitigation, an applicant shall consult with the department responsible for review and assessment of each facility that would be deemed inadequate. Once the applicant and the department agree upon the forms and levels of mitigation that will offset the impact of the project upon the facility, the applicant shall enter into a mitigation plan on terms and conditions acceptable to the Department of Planning and Zoning in consultation with the Office of Law. The mitigation plan shall require the applicant to provide the mitigation agreed upon and in return the Department of Planning and Zoning shall determine that the facility or facilities will be adequate for the project.
C. If a department finds that a facility is or would be inadequate as a result of more than one proposed project, the department may apportion the responsibility and cost of mitigation among all contributing projects, which apportionment shall be reflected in the applicable mitigation plans.
D. Each mitigation plan shall be approved by the Director of Planning and Zoning as well as the department responsible for the facility for which the mitigation plan approval is sought. If a facility would be inadequate for a project, and if the project and the applicant are unable to agree upon acceptable forms and levels of mitigation for the facility such that no mitigation plan is entered into by the applicant, the department shall determine that the facility is inadequate to support the project and shall forward a written copy of such findings and explanation to the Director of Planning and Zoning.