4. Homeowners’ association or property management requests to modify existing facilities and amenities are subject to the following:
a. Modifications deemed necessary and beneficial to provide for the recreational needs of residents that maintain parity with the quantity and type of amenities previously approved are reviewed and may be approved by the Parks and Recreation Director (recreation areas dedicated to the Town only) and the Planning and Zoning Administrator (private recreation areas).
4. Recreation 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 Town Council.
5. Shallow retention basins (flood-prone areas) may be approved for use as recreation areas subject to recommendations by the Town Engineer and Planning and Zoning Administrator.
a. In cases where a recreation 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 recreation area and said trail.
b. Trails and associated signage shall be constructed in accordance with the Pima regional trail system master plan standards, in consultation with the Town’s Park and Recreation Department, and subject to the following:
iv. Shading provided by built structures, or combination of built structures and natural vegetation.
v. Pedestrian connectivity between all amenities.
vi. One (1) active and one (1) passive amenity as specified in Table 26-2 first one-half (1/2) acre or portion thereof.
a) For every additional one-half (1/2) acre (rounded to the nearest half), an additional passive and active amenity shall be provided.
b) A maximum of five (5) passive and three (3) active amenities are permitted within a single recreation area, unless sufficient space has been provided as determined by the Planning and Zoning Administrator or the Parks and Recreation Director.
f. The Town Council may require different amenities within a subdivision, multifamily or mixed-use development to achieve more variety or approve amenities not specified in Table 26-2, yet comparable in use, accessibility and function.
g. When appropriate to the needs of the residents, tot lots shall be required. Tot lots shall include, at a minimum:
i. Play equipment area.
ii. Drinking fountain.
iii. Seating area 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 recreation area) may be provided.
h. Linear parks shall be a minimum width of twenty-five (25) feet at any given point and include:
i. A shared use path for pedestrians and bicyclists.
ii. The remainder of the space shall include passive or active amenities such as group meeting space or community recreation rooms with exercise equipment, table sports, games, or other similar amenities.
3. Credit for Enhanced Amenities or Environmentally Sensitive Open Space (ESOS)
a. Credit for the additional cost of enhanced recreational amenities, including community swimming pools in single-family residential subdivisions, 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.
b. Credit for improved indoor recreational space, unless otherwise required, 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 C.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 subsection D.2.e.vi of this section at a one-to-one (1:1) ratio.
i. The area shall be determined to contain significant, unique, and desirable environmental, scenic, or cultural features.
ii. The area shall be delineated as a common area, designated with a conservation easement, with ownership to be held in common by the homeowners’ association, property management company or the Town.
iii. The area shall be accessible via sidewalk, walking path, trail, and/or bicycle or shared use path by all residents within the project.
4. 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 architecturally compatible wall, permanent fence, or similar barrier is provided and approved by the Planning and Zoning Administrator.
d. All playground equipment and associated fall zones 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. The Planning and Zoning Administrator may reduce or waive this requirement if any of the following occurs:
a. All lighting shall be consistent with the standards of Section 27.5, with the exception of Section 27.5.H (Recreational Facilities).
b. All lighting must be fully shielded and turned off by 10:00 p.m.
c. 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.5 of this section.
E. Facilities Installation, Ownership and Maintenance
1. Private Recreational Facilities
a. In cases where the recreational facility is to be privately owned, all shared recreation areas including amenities, private or public trails within the project limits and associated parkingimprovements 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 residents (i.e., liability insurance).
b. Private recreation areas and improvements in a subdivision 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.
i. Provide full streetimprovements 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. All other residential subdivisions, multifamily or mixed-use developments may request use of an in-lieu fee to satisfy a portion of the recreation area requirement. Requests are subject to subsection F.2 of this section and a minimum one-quarter (1/4) acre must be provided on site with amenities per subsection D.2 of this section.
c. In-lieu fees cannot be used to satisfy any required private or public trail improvements.
ii. The total amount of the in-lieu fee determined by the recreation area in-lieu fee calculation is sufficient to fund a specific park development or improvementproject for an existing facility.
b. In evaluating a request to utilize the in-lieu fee option, 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.
3. Fee Calculation and Determination
a. A written appraisal report prepared by an appraiser shall be submitted to the Planning and Zoning Administrator and Parks and Recreation Director to determine the in-lieu fee.
b. The report shall be based on the improved value of the land, including:
ii. The costs for structures and facilities required in subsection D of this section.
iii. Design and construction costs.
iv. Necessary infrastructure (i.e., roadways, drainage water, electric, telephone and sewer) required to serve the recreation area.
c. The Town may engage the services of a third-party appraiser, at the applicant’s sole expense, to evaluate the accuracy of the report.
d. The recreation area in-lieu fee shall be determined by the Planning and Zoning Administrator and the Parks and Recreation Director. The determination of the recreation area in-lieu fee shall consider, but not necessarily be limited to, the following: