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A. Applicability

The provision of recreational facilities shall be required of all residential subdivisions, except those located within the R1-36, R1-43, R1-144, and R1-300 Zoning Districts, unless utilizing the lot size reduction flexible design option enabled by Section 27.10.

((O)22-09 § 1 (Exh. A), 2022.)

B. Recreational Area Plan Submittal and Approval

1. The developer shall submit a recreational area plan to include the minimum improvements for recreational purposes as required by subsection D of this section.

2. The recreational area plan shall be submitted and reviewed by Town Council concurrently with the preliminary plat.

3. Approval of the plan by the Town Council, after review and recommendations by the Parks and Recreation Advisory Board (for public recreational areas) and the Planning and Zoning Commission (for private recreational areas), shall be a prerequisite to approval of the final plat.

4. All recreational area plans shall be reviewed by the Oro Valley Police Department (OVPD) for conformance to Crime Prevention Through Environmental Design (CPTED) design elements contained in subsection D.5 of this section.

5. Modification of Facilities and Amenities Depicted on the Approved Recreational Area Plan

a. Modifications deemed necessary and beneficial to provide for the recreational needs of residents are subject to approval by the Parks and Recreation Director and Planning and Zoning Administrator.

b. All modifications shall conform to the provisions of this Code.

((O)22-09 § 1 (Exh. A), 2022; (O)17-05, 2017.)

C. Minimum Recreation Area Standards

1. An area shall be devoted to and designated as “recreational area” on the preliminary plat which equals a ratio of one (1) acre to every eighty-five (85) dwelling units.

2. The recreational area shall be usable and accessible by all subdivision residents and shall provide amenities that best serve the needs of the development.

3. Upon review and recommendations from the Parks and Recreation Advisory Board, the Town Council may allow environmentally sensitive open space (ESOS) to be credited toward the recreation requirements of this section, subject to the provisions of the environmentally sensitive lands ordinance (ESLO). The applicant may receive a credit for this property at a one to one (1:1) ratio for a maximum of one hundred percent (100%) of the required recreational area.

Credit may be obtained only when the following criteria are met:

a. The area shall be determined to contain significant, unique and desirable environmental, scenic or cultural features.

b. The area shall be delineated as common area, designated with a conservation easement, with ownership to be held in common by the homeowners’ association or the Town.

c. The area shall be accessible via sidewalk, walking path, trail, and/or bicycle or shared use path by all residents within the project.

((O)22-09 § 1 (Exh. A), 2022.)

D. Recreational Area Plan Standards

1. Site Location

a. Recreational areas shall be a focal point for passive and active recreational activities, and provide a meaningful place for neighborhood gatherings and activities. Recreation areas shall be placed in a highly visible area of the subdivision that is accessible via sidewalk, walking path, trail, and/or bicycle or shared use path by all residents within the project.

b. Linear parks, as defined by this code and described in subsection D.2.h of this section, are acceptable when they serve to improve access to recreational amenities and open space networks.

c. Passive recreation areas should be located in proximity to natural open space areas and conserved, environmentally sensitive lands.

d. Recreational areas shall not include land, such as peaks, ridges, land fragments, land restricted by Town policy, condition or ordinance, and land determined unusable for recreational purposes by the Mayor and Town Council. Shallow retention basins (flood-prone areas) may be approved for use as recreational areas subject to recommendations by the Town Engineer and Planning and Zoning Administrator. Decisions may be appealed to the Town Council.

e. In cases where a recreational area lies adjacent to a trail identified within the Eastern Pima County Trails System Master Plan and/or the Oro Valley Trails Map and their subsequent updates, a connection shall be provided between the recreational area and said trail.

2. Recreational Facilities Improvement Standards

a. Recreational area improvements shall be appropriate to the anticipated needs of the development.

b. Equipment installed within the recreational areas shall comply with the provisions of the Americans With Disabilities Act (ADA).

c. Provision of one (1) active and one (1) passive amenity for the first one-half (1/2) acre or portion thereof. For every additional one-half (1/2) acre (not fractions), an additional passive and active use shall be provided up to the maximum provided by the following:

i. A single park area may contain up to five (5) passive amenities. Examples of passive amenities include turf areas, benches, picnic tables, shade structures, barbecue grills, pathways, etc.

ii. A single park area may contain up to three (3) active amenities. Examples of active amenities include basketball courts, volleyball courts, bocce courts, horseshoe pits, par courses, etc.

d. Detailed schematics shall be provided for each proposed amenity with the final plat.

e. Credit for Enhanced Amenities

Credit for the additional cost of enhanced recreational amenities, including community swimming pools, splash pads, skate/BMX parks, fully improved sports fields, and other amenities approved by the Planning and Zoning Administrator, may be obtained against the recreation area requirement in subsection C.1 of this section based on the following criteria:

i. The applicant shall submit a cost estimate summarizing the following:

a) Value of the land and cost of the improvements and amenities that would be required by this code.

b) Value of the land and cost of the improvements and enhanced amenities proposed as alternative means of compliance.

ii. Credit for the additional cost of the enhanced amenities may be received in the form of a reduction to the required recreation land area.

iii. The extent of the credit shall be determined by the value of the enhanced amenity as determined by the Town. The maximum reduction of recreation area requirement is one-half (1/2) acre.

f. Credit for improved indoor recreational space may be obtained subject to the following criteria:

i. Improved community recreation rooms, community centers, gymnasiums, performance space, or other recreation space accessible to all residents of a development shall receive credit at a ratio of three to one (3:1) against the area requirement contained in subsection B.1 of this section.

ii. Each active and passive amenity contained within an indoor recreational space shall receive a credit to the recreational amenity requirements contained in subsections D.2.b, D.2.c, and D.2.d of this section at a one-to-one (1:1) ratio.

g. When appropriate to the needs of the residents, tot lot amenities shall be required. Tot lots shall include, at a minimum:

i. Play equipment area.

ii. Drinking fountain.

iii. Seating area (may include benches or seat walls) oriented towards the play equipment.

iv. Trash receptacle(s).

v. Bicycle parking with a four (4) bicycle minimum capacity.

vi. Picnic table.

vii. Limited turf area for activity areas only (less than fifteen percent (15%) of total recreational area) may be provided.

h. Linear parks may be utilized to satisfy the recreational requirements of this section. Required amenities include, at a minimum:

i. A shared use path for pedestrians and bicyclists.

ii. Seating area.

iii. Landscaping.

iv. Drinking fountain, if located within one hundred (100) feet of a potable water line.

v. Trash receptacle(s).

vi. Pet waste removal station(s).

vii. Exercise stations may be located within linear parks.

i. The location of the amenities along a linear park is subject to the approval of the Planning and Zoning Administrator and Parks and Recreation Director.

3. Play Equipment Standards

a. Applicant shall submit evidence that play equipment complies with the current American Society for Testing and Materials (ASTM) safety standards for playground equipment.

b. Playground surface materials, including certified wood fiber, shredded rubber, poured-in-place surfacing, or other acceptable material approved by the Parks and Recreation Director, shall be placed at a minimum depth of twelve (12) inches under the equipment.

c. No play equipment shall be located within thirty (30) feet of any road right-of-way, driveway or alleyway, parking area, or single-family residential lot or single-family residential zone unless an acceptable barrier is provided.

d. Play equipment or apparatus with a footprint of two hundred fifty (250) square feet or less must be fully shaded with a UV-resistant sun shade or other appropriate shading material or structure as approved by the Planning and Zoning Administrator and Permitting Division.

e. At least fifty percent (50%) of play equipment or apparatus must be fully shaded with a UV-resistant sun shade or other appropriate shading material or structure as approved by the Planning and Zoning Administrator and Permitting Division. This requirement shall be applied only to play equipment or apparatus with a footprint of two hundred fifty (250) square feet or greater.

f. To maximize the safety of children, play spaces shall be located as to provide maximum visibility from surrounding homes.

g. Play equipment shall not be located on a slope greater than four percent (4%).

4. Repealed by (O)22-01.

5. Crime Prevention Through Environmental Design (CPTED) Elements

a. Recreational area design shall consider the following CPTED elements:

i. Natural Surveillance

Emphasis on visibility of the recreational facilities, also known as “eyes on the street,” to deter unauthorized users and activities.

ii. Access Control

Use of design elements to deny entrance to recreational facilities to unauthorized users and activities.

6. All recreational areas shall post at least one (1) sign at the primary entrance(s) stating:

a. Hours of operation.

b. Park/recreational area rules.

c. Trespassing notice for unauthorized users, including citation of applicable ordinances/statutes.

d. Notice that all dogs must be kept on a leash (unless an approved off-leash area has been designated).

e. Emergency (911) contact information to report suspicious or criminal activity.

f. If recreational area is privately operated, homeowners’ association contact information to report maintenance or safety issues.

7. If a neighborhood watch exists, a sign shall be posted at the primary entrance(s) to the recreational area.

8. If the recreational area abuts an environmentally sensitive lands (ESL) area, a sign shall be posted every one hundred (100) feet at the border of the ESL area. The sign shall conform to the ESL sign requirements per the environmentally sensitive lands ordinance (ESLO).

9. If provided, restroom facilities shall be located in a highly visible area and shall be free of shrubs that reach a mature height greater than three (3) feet.

10. All lighting shall be consistent with the standards of Section 27.5 and must be turned off by 10:00 p.m.

11. If no lighting is provided, recreation area hours shall be limited to daylight hours only and shall be posted on the informational sign(s) at the park entrance(s) required by subsection D.6 of this section.

((O)22-09 § 1 (Exh. A), 2022; (O)22-01, 2022; (O)11-15, 2011.)

E. Facilities Installation, Ownership and Maintenance

1. Private Recreational Facilities

a. In cases where the recreational facility is to be privately owned, recreational facilities and parking improvements shall be completed and in place by the time thirty-five percent (35%) of the building permits are issued. Prior to release of the required bond or assurance, the developer shall provide written documentation to the Town that all mechanisms are in place to protect the rights of the homeowners (i.e., liability insurance).

b. Private recreational areas and improvements shall be owned and maintained by a mandatory membership homeowners’ association (HOA) created by covenants. If the HOA fails to adequately maintain the required recreational facilities, the Town may cause the property to be maintained and may cause a lien to be placed on the property, subject to and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record.

2. Public Park Facilities

a. In cases where the required recreational area is at least three (3) acres in size and is located adjacent to a public thoroughfare, dedication to the Town may be accepted. In this case, the park land shall be owned and maintained by the Town. The subdivider shall, without credit:

i. Provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, lighting, street trees, and sidewalks to land which is dedicated pursuant to this section;

ii. Provide solid masonry fencing along the property line of that portion of the subdivided lots contiguous to the dedicated land;

iii. Provide improved drainage through the site; and

iv. Provide other improvements and amenities that the Town Council determines to be essential to the acceptance of the land for recreational purposes. Subsequent improvements, if any, shall be developed and maintained by the Town.

b. When park land is dedicated to and accepted by the Town, the provisions of subsection B.1 of this section shall not apply.

((O)22-09 § 1 (Exh. A), 2022.)

F. In-Lieu Fee Option

1. In lieu of the required private recreational area or public park land dedication and required recreational facilities, the Town Council may approve an alternative proposal for an in-lieu fee that aids in the development or improvement of Town parks or recreational facilities. All subdivisions containing forty-three (43) lots or less may utilize the in-lieu fee option.

2. Subdivisions of eighty-five (85) lots or more may elect to utilize the in-lieu fee option for up to fifty percent (50%) of the total cost of recreation area improvements as determined by the recreation area in-lieu fee calculation definition. The remaining portion of the recreation improvement obligation shall be applied to on-site recreation area(s) and amenities per the provisions of this Code.

3. In-lieu fee proposals shall meet all of the following conditions:

a. The subdivision has or can provide legal and physically constructed access to an existing Oro Valley public park, a park location identified in the Town Parks, Open Space and Trails Master Plan, or other location approved by the Parks and Recreation Director.

b. The total amount of the in-lieu fee determined by the recreation area in-lieu fee calculation is, in the opinion of the Planning and Zoning Administrator (PZA) and Parks and Recreation Director, sufficient to fund a specific park development or improvement project for an existing facility.

4. The recreation area in-lieu fee shall be determined by the Town, with a written appraisal report prepared by an appraiser acceptable to the Town. The determination of the recreation area in-lieu fee shall consider, but not necessarily be limited to, the following:

a. Approval and any conditions of the conceptual site plan.

b. The general plan.

c. Conditional zoning.

d. Property location.

e. Off-site improvements facilitating use of the property.

f. Site characteristics of the property.

5. The recreation area in-lieu fee calculation shall be based on the improved value of the land, including structures and facilities required by Section 26.5, design, construction costs, and having the necessary infrastructure (i.e., roadways, drainage water, electric, telephone and sewer) installed to serve the park areas.

6. The proposal shall be prepared by the applicant and submitted to the Planning and Zoning Administrator and Parks and Recreation Director who shall forward their recommendations to the Town Council for its action after an advertised public hearing.

7. The terms of the agreement shall be made a matter of public record and a condition of approval of any final plat or issuance of any permits for the subdivision.

8. In evaluating a proposal under this section, the Town Council shall consider the impact on the property resulting from a change in the standard requirements for recreational space, the advantages and disadvantages of the proposed alternatives, the benefits afforded to the subdivision from the alternative proposal and the relative values to the community afforded by the alternative proposal as compared with the standard requirements.

9. The agreement shall provide for the funding of the equivalent of park land and/or recreational facilities to the Town as would have been provided by a recreational area in the subdivision.

10. If the subdivider objects to the determined in-lieu fee, he/she may appeal to the Town Council, with the burden of proof lying with the subdivider.

11. The Town Council may waive requirements for an appraisal when the subdivider provides acceptable alternative information to the Planning and Zoning Administrator, Parks and Recreation Director, and the Finance Director as a means of determining the improved value that is presented and accepted at a Town Council public hearing.

((O)22-09 § 1 (Exh. A), 2022; (O)22-01, 2022; (O)16-16, 2016; (O)11-05, 2011.)