Definitions of Public Access in Zoning Ordinances Statewide and Beyond

Transcription

1 Definitins f Public Access in Zning Ordinances Statewide and Beynd Accrding t "A Glssary f Zning, Develpment and Planning Terms," APA Reprt #491/492, Public Access is a means f physical apprach t and alng the shreline available t the general public. This may als include visual appraches and public right-f-ways. The General Law f Massachusetts states the fllwing related t recreatinal use f lands in the state: Land nt less than five acres in area shall be deemed t be recreatinal land if it is retained in substantially a natural, wild, r pen cnditin r in a landscaped r pasture cnditin r in a managed frest cnditin under a certified frest management plan apprved by and subject t prcedures established by the state frester in such a manner as t allw t a significant extent the preservatin f wildlife and ther natural resurces, including but nt limited t, grund r surface water resurces, clean air, vegetatin, rare r endangered species, gelgic features, high quality sils, and scenic resurces. Land nt less than five acres in area shall als be deemed t be recreatinal land which is devted primarily t recreatinal use and which des nt materially interfere with the envirnmental benefits which are derived frm said land, and is available t the general public r t members f a nn-prfit rganizatin including a crpratin rganized under chapter ne hundred and eighty. Fr the purpse f this chapter, the term recreatinal use shall be limited t the fllwing: hiking, camping, nature study and bservatin, bating, glfing, nncmmercial yuth sccer, hrseback riding, hunting, fishing, skiing, swimming, picnicking, private nn-cmmercial flying, including hang gliding, archery, target shting and cmmercial hrseback riding and equine barding. Such recreatinal use shall nt include hrse racing, dg racing, r any sprt nrmally undertaken in a stadium, gymnasium r similar structure. (The General Law f Massachusetts: Part I. Administratin f the Gvernment; Title IX. Taxatin; Chapter 61B. Classificatin and Taxatin f Recreatinal Land; Chapter 61B: Sectin 1. Recreatinal land and uses) Where related t public right f ways, Massachusetts states the fllwing: If the bundaries f a public way are knwn r can be made certain by recrds r mnuments, n length f pssessin, r ccupancy f land within the limits theref, by the wner r ccupant f adjining land shall give him any title theret, unless it has been acquired prir t May twenty-sixth, nineteen hundred and seventeen, and any fences, buildings r ther bstructins encraching upn such way shall, upn written ntice frm the cunty cmmissiners r bard r fficer having authrity ver ways in twns, be frthwith remved by the wner r ccupant f adjining land, and if nt s remved said cmmissiners, bard r fficer may cause the same t be remved upn said adjining land. (The General Law f Massachusetts: Part I. Administratin f the Gvernment; Title XIV. Public Ways and Wrks; Chapter 86. Bundaries f Highways and Other Public Places, and Encrachments Theren; Chapter 86: Sectin 3. Encrachment n Public Ways) Any persn may remve gates, rails, bars r fences which are upn r acrss a public r private way legally laid ut, unless they have been placed there t prevent the spread f disease dangerus t the public health, r unless they have been erected r cntinued by the license f the cunty cmmissiners r f the selectmen r rad cmmissiners r f the persn fr whse use such private way was laid ut. A persn aggrieved by such remval may apply t the cunty cmmissiners, selectmen r rad cmmissiners, respectively, and if upn examinatin it appears that such gates, rails, bars r fences were erected r cntinued by such license, they shall rder them replaced. (The General Law f Massachusetts: Part I. Administratin f the Gvernment; Title XIV. Public Ways and Wrks; Chapter 86. Bundaries f Highways and Other Public Places, and Encrachments Theren;

2 Chapter 86: Sectin 5. Remval f Gates, Rails, Bars, r Fences Upn r Acrss Ways) Upn petitin f ten citizens f the cmmnwealth that in their pinin public necessity requires a right f way fr public access t any great pnd within the cmmnwealth, the department and the attrney general r a representative designated by him sitting jintly shall hld a public hearing and receive such evidence theren as may be presented t them. The jint bard may make such additinal investigatin as it deems desirable and if it appears t said bard that such a right f way exists it shall present a petitin t the land curt fr registratin f the easement. If it appears that n right f way exists it shall submit a reprt, tgether with recmmendatins theren, t the general curt n r befre January first f the fllwing year. This sectin shall nt apply t any bdy f water used as a surce f water supply by the cmmnwealth r by any twn r district, r water cmpany, nr shall it affect the right f the cmmnwealth r any twn r district r water cmpany t the use and cntrl f the waters f any such pnd fr the purpses f a water supply, nr shall it affect r diminish any existing right t the use f the water f any such pnd fr mercantile r manufacturing purpses. (The General Law f Massachusetts: Part I. Administratin f the Gvernment; Title XIV. Public Ways and Wrks; Chapter 91. Waterways; Chapter 91: Sectin 18A. Public Access t Great Pnds; Petitin) The Urban Castal Greenways (UCG) Plicy fr the Metr Narragansett Bay Regin f Rhde Island (Cranstn, East Prvidence, Pawtucket, and Prvidence) ffers a mechanism t redevelp the urban waterfrnt f the area t integrate expanded public access alng and t the shreline, ecnmic develpment, and management, prtectin, and restratin f valuable castal habitats. The UCG plicy is intended t prvide a permitting ptin that clarifies and streamlines the regulatry prcess fr urban castal develpment and creates greater flexibility in meeting the Castal Resurces Management Cuncil requirements. The new plicy establishes specific standards regarding verall vegetatin f the site, management f strmwater runff using Lw Impact Develpment (LID) techniques, and public access. An Urban Castal Greenway is a land area lcated with the Metr Bay Regin and adjacent t a castal (shreline) feature n a develpment site; is, r will be, apprpriately vegetated t prvide native plant cmmunities and/r sustainable landscapes which serve as a natural transitin zne between the cast and adjacent upland develpment; prvides public access adjacent t the shreline; and is established and managed t prtect aquatic, wetland, shreline, and terrestrial envirnments frm man-made disturbances and castal fld hazards, while allwing fr castal ecnmic develpment. Residential zne requirements in the UCG Plicy ffer tw ptins. Optin 1: Applicants (develpers) may fllw existing castal buffer and setback regulatins in the Rhde Island Castal Resurces Management Prgram (RICRMP) Optin 2: the UCG width may be reduced thrugh cmpensatin. The standard UCG width may be reduced thrugh a number f detailed alternatives ( t a cmpact width in return fr site r castal resurce enhancements, such as imprved public access r habitat cnservatin and preservatin. It is the respnsibility f RICRM Cuncil t ensure the availability f public access pints fr castal recreatin (UCG Plicy 120.3b) UCG Plicy 120.4: The RICRMC encurages the incrpratin f public access n new develpments in Sectin 335 f the RICRMP. Prjects n municipal r state-wned land may be cnsidered cmpliant with relevant UCG requirements when the sle purpse f the prject is t prvide public access r ther public amenities (e.g., ball fields, parks, playgrunds, public bat ramps r bating facilities, etc.)

3 Public Access: It is the RICRMC s preference that applicants prvide alngshre and arterial public access pathways within the develpment site, as described in UCG Sectin Public access shall always be required: 1. where the prpsed prject impacts upn public trust resurces; 2. n sites that have existing public access areas; and 3. n CRMC-designated rights f way (ROW) r previus easements granted under RICRMP Sectin 335. Public access may nt be required fr develpment activities subject t United States Cast Guard Maritime Security (MARSEC) jurisdictin. UCG Plicy 150.3: General Standards fr Urban Castal Greenways: The bundaries f the Urban Castal Greenway easements shall be marked n all plans used fr planning, permitting, and during cnstructin. Additinally, the public access path and ther public amenities (e.g., verlk, cane r kayak launch, etc,) must be clearly delineated n site plans submitted fr review t the RICRMC. **UCG Plicy 150.5: Public Access Standards fr all Urban Castal Greenways**: Wherever public access is prvided, the fllwing public access standards shall be met: (a) The public access cmpnent shall be lcated within the UCG identified fr the prject. In certain cases, the RICRMC may allw the public access cmpnent t be lcated within the cnstructin setback r ther prtin f the site as cnditins may require. Applicants, hwever, must ensure that the UCG primary public access path n their develpment site cnnects with any existing UCG public access path n adjacent parcels. (b) The applicant s engineer must certify that public access paths and assciated elements shall be cmpliant, where applicable, with the mst recent versin f the Americans with Disabilities Act (ADA) Standards fr Accessible Design (See: (c) The Cuncil prefers that all new multi-residential, cmmercial, and mixed-use develpments prvide primary (alngshre) public access within the Urban Castal Greenway. These primary public access pathways shall be a minimum f eight (8) feet in width t accmmdate pedestrians but may be wider if designed t accmmdate bth pedestrian and bicycle access. Prjects must design the UCG pathway t prvide an extensin f adjacent existing pedestrian r bicycle pathways, if cnsistent with a municipal r state pedestrian r bike path access plan. (d) All public access pathways shuld be cnstructed f a pervius surface. In thse cases where pathways are cnstructed f impervius materials fr bicycle access r t be cnsistent with existing adjacent impervius surface paths (ex. Waterplace Park), the prject must include strmwater treatments t minimize strmwater runff, as described in the Urban Castal Greenway Design Manual. Public access paths shall be designed t have a relatively flat prfile and crss sectin t prevent strmwater runff frm erding the path surface r adjacent sils. When paths are lcated directly adjacent t the castal feature, they shuld be angled slightly t cause strmwater runff t flw inland fr treatment (e.g., biretentin area), rather than tward the castal feature. (e) Each parcel with a UCG shall include at least ne secndary (arterial r perpendicular) access path leading t the linear UCG public access path, unless adjining parcels share a secndary public access path as described in UCG Sectin 150.5(g). 1. The access path must emanate frm a public place. The secndary access path shuld be a minimum f eight (8) feet in width t accmmdate pedestrian traffic, but may be up t twenty (20) feet in width when emergency vehicle access is necessary. In the latter case, the pathways must

4 be capable f supprting emergency and maintenance vehicles. Urban Castal Greenways Plicy Effective Date - Nvember 2, The secndary access path shall cnnect sidewalk traffic with the alngshre UCG path, and may be a meandering path, as lng as ersin is minimized. All public access pathways shall be recrded within the land evidence recrds and shall run with the land. The limited liability prvisin stated in RICRMP Sectin 335 shall apply t these public access pathways. (f) Each Urban Castal Greenway must include adequate prvisins fr emergency vehicle access paths frm the nearest street t the shreline. These vehicular paths shall be cnstructed f a permeable surface capable f supprting emergency vehicles. (g) Each prject must prvide at least ne secndary public pedestrian r vehicular access pathway per 500 linear feet f shreline. Adjining parcels may share secndary pedestrian r vehicular access paths n their shared bundary, where applicable. The RICRMC may waive the 500-ft secndary pathway standard if the applicant prvides ten (10) percent mre public parking spaces than required in sectin 150.5(h), belw, and can demnstrate that there is adequate available secndary public access. (h) In rder t facilitate public access t the shreline, each develpment with a UCG shall include a minimum f tw (2) public parking spaces adjacent t an access pint r incrprated within a prject, and an additinal space per 100 linear feet f shreline (where linear refers t the shrtest distance between lt bundaries) within the parcel. The placement f the public parking spaces shall be decided in cnsultatin with the RICRMC and the municipality f jurisdictin. In cases where the prject is directly adjacent t public parking, (defined as n-street parking and ff-street parking available t the general public), such spaces may be included fr purpses f satisfying the public parking requirements f this sectin (i) Acknwledgement f Existing Public Access: The CRMC may allw reduced public access requirements within lts cntaining preexisting public access, prvided there is n net lss f access and the fllwing standards are met: (1) Where existing public access pathways and public rads ccur between the castal feature and the develpment parcel(s), the primary (alngshre) public access and cnstructin setback requirements may be waived. (2) Where public rads are immediately adjacent t the sides f the develpment perpendicular t the castal feature, these public rads may cunt tward the Urban Castal Greenway secndary public access requirements. The rad(s) must be usable fr pedestrian and/r emergency vehicle access, as apprpriate. Warren, RI defines public access in terms f Waterfrnt Overlay Districts, the purpse f which is t establish and maintain a zning district f mixed uses characterized by architectural and design standards cnsistent with traditinal New England maritime centers, with sidewalks; pedestrianfriendly access; strefrnt windws allwing windw shpping; walkways, bicycle paths; ff-street parking dispersed int small, landscaped lts; trees; and access and visual right f ways t waterfrnt The verlay district is designed t ensure waterfrnt develpment that is rderly and harmnius, including site and architectural design, which is cmpatible with traditinal New England maritime centers, and the surrunding area, safe and cnvenient prvisins f autmbile and pedestrian access and circulatin, landscaping and apprpriate signage and light.

5 Buildings in the Waterfrnt Overlay District shuld be planned t prmte pprtunities fr walking and bicycling as well as private mtr vehicles and public transprtatin. A Waterfrnt Develpment Plan fr the Twn f Warren, Rhde Island defines by name and clearly psts at the site each public and undeclared right-f-way t the water. The plan als lists the public parking lts dwntwn and names existing sites ffering public access that need physical imprvements. Buchner/Krupski/Austin vs. Mark Grnlund and the Department f Envirnmental Prtectin Leesburg, Flrida, September 27, 2002 Issue: whether Department f Envirnmental Prtectin (DEP), shuld grant the applicatin f Mark Grnlund t mdify his Standard General Envirnmental Resurce Permit fr water ski jump and slalm curses n Lake Blanchester in Lake Cunty, Flrida, t increase the size f the jump curse and cmbine it with a new slalm curse, s that buys are shared by the tw curses, and t add gate alignment buys t the existing slalm curse Decisin: Grnlund's permit mdificatin was granted withut a shwing f wnership r cntrl f the lake bttm. Grnlund was fund t have prvided the necessary reasnable assurances after cnsideratin f the pertinent enfrcement matters and Grnlund's effrts t reslve them. The DEP was tld t enter a final rder granting the applicatin fr mdificatin f Standard General Envirnmental Resurce Permit, N , with the additinal cnditin that the permitted ski jump and slalm curses wuld be fr persnal use nly and wuld nt be used fr a ski schl r fr rganized ski turnaments. It was decided that prpsed mdificatins wuld nt create a navigatinal hazard r interfere with public use f waters f the state (ther than the bvius preemptive use f the waters f the curses while being skied). N riparian rights (as ppsed t ther prperty rights) wuld be infringed. N applicable statute r rule explicitly requires Grnlund t demnstrate wnership r cntrl f the lake bttm n and ver which he intends t place his prpsed ski curses. Instead, Grnlund's permit cnditins were explicit that the permit did nt cnvey r create any prperty right, r any interest in real prperty, r authrize any entrances upn r activities n prperty which is nt wned r cntrlled by Grnlund [Flrida Administrative Cde Rule (5)] Tappahannck, VA des nt define public access in its zning rdinances King William Cunty, VA defines public access in its rdinances as it relates t street designatins Landscaped buffers alng existing and planned public rads: Fr all subdivisins develped in R-R and R-1 residential districts, a buffer shall be lcated alng all public rads (nt within subdivisins) existing n the date f final subdivisin apprval and all rads designated n the majr thrughfare plan n which the subdivisin frnts, t a minimum depth f 50 feet. Right f access. Anyne wh subdivides land shall prvide right f access t public streets f sufficient width t meet the minimum requirements f the Virginia Department f Transprtatin. N land shall be reserved, held r cntrlled fr the purpse f prhibiting access t streets and rads unless wned, held r cntrlled exclusively by the cunty r an agency f the state r federal gvernment. Public streets. All streets intended t be public in a prpsed subdivisin shall be designed and cnstructed in accrdance with subdivisin street standards published by the Virginia Department f Transprtatin. Streets s designed and cnstructed shall be recmmended by the cunty fr inclusin in the state highway system.

6 King and Queen Cunty, VA defines public access in its rdinances as it relates t street designatins Street, service drive: A public right-f-way generally but nt necessarily parallel and cntiguus t majr highway, primarily designated t prmte safety by eliminating unrestricted ingress and egress t the right-f-way by prviding safe and rderly pints f access t the highway and which may enter a public rad. Street, minr: A street that is used primarily as a means f public access t the abutting prperties with anticipated traffic f less than 500 vehicles per day. Way, Pathway, Trail, Trace, Path, Branch: A dead-end right-f-way generally less than 1,000 feet lng. A minr street that changes directin r begins and ends n the same thrughfare that is generally a private but smetimes public rad. Glucester Cunty, VA. Public access is defined in terms f highway crridr verlay districts: Sec. 6A-4: The purpse f this sectin is t regulate vehicular and nn-vehicular access t develpments subject t this article. The intent f such regulatin is t maintain r imprve the level f service f rads; t minimize the number f access pints t rads; t prmte the sharing f access and the ability f travel between sites; t ensure that develpment is f a scale prprtinate t the capacity f existing and prpsed transprtatin facilities; t prvide pedestrian circulatin netwrks amng residential, cmmercial, and recreatinal areas; and t enhance safety and cnvenience fr the public. Tward thse ends, Virginia Department f Transprtatin standards shall be seen as minimum standards; in sme cases, this rdinance will require standards mre stringent than thse prescribed by VDOT. Pedestrian Access: Pedestrian walkways shall be incrprated int each prject in such a fashin as t minimize cnflicts with vehicular traffic. Pedestrian circulatin systems shall be extended t adjacent parcels and shall cnnect uses within individual prjects. Pedestrian walkways shall be shwn n site plans. Hamptn, VA defines public access as it pertains t public swimming, blcking access t the waterway, and regulating activities cnducted by the public n a public bridge r a public beach (althugh a public beach is nt defined). Examples: Sec Designating and marking f swimming areas. The city manager is hereby authrized t designate areas fr public swimming and t mark such areas with buys r ther markers. Such markers shall be clred bright range r yellw in accrdance with the internatinal unifrm markers and shall be placed ffshre and nt mre than ne hundred (100) yards frm the mean lw-water mark. Sec Sanctins fr vilatins; fines, seizure; remval f watercraft blcking access t the waterway; Abandned Bat Act. If any unccupied watercraft is fund by the chief f plice, r his designee, t be anchred r mred s that any prtin f the watercraft is at any time less than seventy-five (75) feet frm the berthing place f anther watercraft and blcking its access t the waterway r t its berth, permissin t anchr shall be cnsidered revked and the chief f plice, r his designee, shall pst a ne hundred dllar ($100.00) infractin ntice upn the unccupied watercraft. The chief f plice, r his designee, shall then ascertain when the blcked watercraft actually needs t exercise its right t access. If able t assist in prviding sufficient access at that time by shifting the lay f the blcking watercraft while it remains at anchr, the chief f plice, r his designee, shall d s and shall have the ptin t cntinue t d s n up t five (5) successive days, upn each f which the chief f plice, r his designee, shall pst an additinal infractin ntice

7 Chesapeake, VA. Public access is defined as it pertains t develpment: Street and pedestrian access. Clearly defined street and pedestrian access, in readily usable cnditin, must be prvided by the subdivider r develper t the public sites and pen space areas fr use by hmewners and the public. Access, ther than by a paved street, shall be depicted n the recrded final subdivisin plat r n the final site plan and shall serve as an access rute fr s lng as the pen space r recreatinal area is available fr public r neighbrhd use. (Ord. N. 02-O-122, ) Dedicatin, preservatin and maintenance. A. The land prvided under this sectin may be dedicated t the city, subject t acceptance f such land by the city, fr maintenance and peratin r may be preserved by ther means apprved by the parks and recreatin directr and city attrney, prvided that such alternative means shall prvide cmparable assurance that the land will be available and usable fr pen space and related recreatinal purpses. Dedicatin f the land t the city shall be free and clear f all liens and encumbrances and shall be accmplished by recrdatin f a plat r deed, apprved and signed by an authrized agent f the city. B. Dedicatin f required pen space and recreatinal areas shall be accmplished prir t r simultaneusly with final subdivisin plat r final site plan apprval. Hwever, in cases where the subdivisin r develpment is t ccur in phases and the apprved pen space r recreatinal area is nt lcated in the first phase f such subdivisin r develpment, the directrs f public wrks and parks and recreatin may jintly agree t defer the dedicatin f the pen space until such time that n mre than 50%f the ttal number f lts shwn n the apprved preliminary subdivisin plan have been recrded r, in the case f multifamily husing, n mre than 50% f the ttal number f dwelling units shwn n the apprved preliminary site plan have been issued building permits. Such deferral shall be cnditinal n 1) the subdivider r develper prvides the city with a suitable bnd r letter f credit t assure the dedicatin, said bnd r letter f credit t be in an amunt equal t the fair market value f the apprved pen space r recreatinal area, as determined by the public wrks directr r designee, and 2) the subdivider r develper prvides the city with adequate access t the apprved pen space r recreatinal area, suitable fr use by emergency vehicles, as determined by the public wrks directr r designee. Unless a deferral is granted, n building permit shall be issued fr any structure r residential unit within the subdivisin r develpment until such dedicatin is cmplete, with the exceptin f building permits fr mdel hmes in accrdance with sectin B f this rdinance. Where dedicatin is deferred, n building permit shall be issued fr mre than 50% f the lts shwn n the apprved preliminary subdivisin plan r fr mre that 50% f the dwelling units shwn n the apprved preliminary site plan until such dedicatin is cmplete. C. Prpsals fr cnveyance f the land t a private entity shall be reviewed by the parks and recreatin directr and apprved by the apprval agent fr the preliminary subdivisin plan r preliminary site plan. Such prpsal shall make sufficient prvisin t ensure the cntinued maintenance f the prperty and the right f public access t it. D. The subdivider r develper shall ensure that the land dedicated as pen space r recreatinal area meets all develpment criteria fr the zning district in which the prperty is lcated. The subdivider r develper shall imprve such land with drainage, utilities (including payment f pr rata), access, curb and gutter and ther public imprvements applicable t subdivisins and

8 develpments under chapter 70 f the subdivisin rdinance and article 18 f this rdinance. All bnding prvisins in chapters66 and 70 f the City Cde shall apply t pen space dedicatins. Ntwithstanding anything t the cntrary in this rdinance, landscaping shall cnsist f twenty percent (20%) tree canpy cverage, calculated in accrdance with sectin The type and lcatin f the large canpy trees shall be shwn n a landscape plan apprved by the city arbrist. The twenty percent (20%) canpy cverage may be accmplished by preservatin r new plantings, hwever, the city arbrist may in any case require trees alng the perimeter f the pen space and shall further require that all dead and dying trees be remved befre the land is dedicated as pen space. (Ord. N. 02-O-122, ) Imprvement f prperty; payment in lieu f imprvement. A. The subdivider r develper shall imprve the prperty prvided under sectin in accrdance with a plan apprved by the parks and recreatin directr. The plan shall ensure that the prperty can be viably used and enjyed as a public pen space and recreatinal amenity. All imprvements shwn n the apprved plan shall be cmpleted by the time that fifty percent (50%) f the lts in a subdivisin are created by the recrdatin f ne r mre apprved final subdivisin plats r the develpment has received final site plan apprval. In lieu f such imprvement, the subdivider r develper may pt t prvide payment t the city f five hundred dllars ($500.00) per dwelling unit planned fr the subdivisin r develpment. All such fees shall be used at the discretin f the parks and recreatin directr fr the purpse f the develpment r imprvement f neighbrhd, cmmunity and district parks fr the subdivisin r develpment, as described in the parks and recreatin plan adpted by city cuncil n Octber 15, 1991, as amended. Such payment shall be prvided by the time f final subdivisin plat r site plan apprval fr all subdivisins and develpments with the exceptin f multifamily develpments and grup husing fr the elderly, fr which required payments shall be made prir t the issuance f any building permit fr cnstructin assciated with the develpment. B. In cases where the subdivider r develper installs private imprvements fr the use f the residents f a subdivisin, multi-family cmplex, planned unit develpment prject r grup husing fr the elderly facility, a reduced fee in lieu f public pen space and imprvements shall be assessed, as prvided in sectin B. (Ord. N. 02-O-122, ; Ord. N. 03-O-003, ) Payment in lieu f prviding pen space and recreatinal area. A. Where the parks and recreatin directr determines that the subdivisin r develpment is nt amenable t beneficial develpment f pen space and related recreatinal areas the subdivider r develper, in lieu f prviding the required pen space and related recreatin area, including imprvements theret, shall prvide t the city a payment f ne thusand ($1,000.00) dllars per dwelling unit planned fr the subdivisin r develpment. All such fees shall be used at the discretin f the parks and recreatin directr fr the purpse f develping r imprving neighbrhd, cmmunity and district parks serving such subdivisin r develpment, as described in the parks and recreatin plan adpted by city cuncil n Octber 15, 1991, as amended. Such payment shall be prvided by the time f final subdivisin plat r site plan apprval fr all develpments with the exceptin f multifamily and grup husing fr the

9 elderly develpments, fr which required payments shall be made prir t the issuance f any building permit fr cnstructin assciated with the develpment. N lt size reductin shall be made in such subdivisins and develpments. B. In cases where the subdivider r develper devtes privately wned land fr the use f the residents f a subdivisin, multi-family cmplex, planned unit develpment prject r grup husing fr the elderly facility, a reduced fee in lieu f public pen space and imprvements in the ttal amunt f tw-hundred fifty dllars ($250.00) per dwelling unit r lt shall be assessed if each f the fllwing criteria are met: 1. Land within the subdivisin r develpment is permanently set aside fr a private park and/r recreatinal facility. 2. The amunt f land set aside is equal t the percentages required in sectin abve, excluding wetlands; land submerged under nntidal waters, up t the nrmal watermark; and land within an pen drainage ditch, measured frm tp f bank t tp f bank. This calculatin shall be in additin t pen space required fr cluster and planned unit develpments and shall als be in additin t any pen space prffered in a cnditinal rezning. 3. The land meets all develpment and subdivisin regulatins and is accessible t all residents f the subdivisin r develpment. 4. The land is imprved with recreatinal amenities, the value f which shall equal r exceed the sum f five hundred dllars ($500.00) per dwelling unit, as verified by the directr f parks and recreatin n the basis f a detailed descriptin f the imprvements and the purchase price fr each such imprvement. Such infrmatin shall be prvided fr the city as part f the preliminary and final subdivisin and site plan review prcess. 5. The imprvements meet r exceed natinal safety standards, as determined by the directr f parks and recreatin. 6. The subdivider r develper prvides assurances f the perpetual maintenance f the land and imprvements. 7. The lcatin f the private park and/r recreatinal facility is shwn n the apprved preliminary and final subdivisin and site plans and n apprved subdivisin plats. 8. The imprvements are fully installed and the private park pen fr use: i) Prir t the issuance f certificates f ccupancy fr mre than seventy-five (75%) f all dwelling units r lts shwn n the apprved final site plan r apprved final subdivisin plan, r ii) At such time that a hmewner's assciatin r prperty wner's assciatin accepts dedicatin f the private park and imprvements, whichever is the first t ccur. (Ord. N. 02-O- 122, ; Ord. N. 03-O-003, ) Cnveyance f dedicated pen space and recreatin areas. Upn determinatin by the parks and recreatin directr that any park, pen space, r recreatinal area dedicated t the city under this sectin, r any prtin theref, n lnger serves the purpses fr which it was dedicated, the parks and

10 recreatin directr may recmmend t the city manager that it be sld r dispsed f, in whle r in part, as surplus prperty. N such park, pen space, r recreatinal area, r prtin theref, shall be cnveyed withut city cuncil apprval after a public hearing advertised in accrdance with the requirements in sectin f the Cde f Virginia, 1950, as amended. N such park, pen space, r recreatinal area, r prtin theref, shall be sld if needed t meet pen space requirements in a planned unit develpment r cluster develpment, r if dedicated t satisfy a prffer r stipulatin, unless r until the requirement is amended t allw the cnveyance. Where prtins f a lt are t be sld r cnveyed, an apprved subdivisin plat shall be recrded prir t the cnveyance in accrdance with chapter 70 f the city cde. All csts assciated with the subdivisin shall be the respnsibility f the grantee. (Ord. N. 02-O-122, ) Manassas Cunty, VA. Public access is nt defined; rather, Public place is mentined, as it pertains t ffenses against peace and rder Public Place means any place, building, r cnveyance t which the public has, r is permitted t have, access, including restaurants, sda funtains, htel dining areas, lbbies, and crridrs f htels, and any highway, street, lane, park, r place f public resrt r amusement. "Public place" means any area that is used r held ut fr use by the public, whether wned r perated by public r private interests (Cde f Virginia, ) Chesterfield Cunty, VA. Access is defined in terms f nnresidential r mixed-use develpment nly The purpse and intent f this divisin is t regulate nnresidential r mixed-use develpments in rder t maintain r imprve the level f service f rads; t minimize the number f access pints t rads; t prmte the sharing f access and the ability f travel between sites; t ensure that develpment is f a scale prprtinate t the capacity f existing and prpsed transprtatin facilities; t ensure that apprpriate traffic mitigatin measures are prvided; t prvide pedestrian circulatin netwrks amng residential, cmmercial, and recreatinal areas; and t enhance safety and cnvenience fr the public. T these ends, implementatin f an apprved transprtatin systems management plan is encuraged.