WHEREAS, the Board of County Commissioners finds that Neighborhood Parks serve to advance the health, safety and welfare of the residents of Pasco County by providing common areas in which to engage in recreation and play; and
WHEREAS, the Board of County Commissioners has adopted the Pasco County Parks and Recreation Master Plan (“Plan”) and Parks and Recreation Impact Fee (Ordinance No. 02-03 codified in Chapter 78, Article II, Division 4, Pasco County Code of Ordinances (“Parks and Recreation Impact Fee Ordinance”));
WHEREAS, the Parks and Recreation Impact Fee Ordinance does not address the need for Neighborhood Parks; and
WHEREAS, Section 4.4 of the Plan identifies a significant deficiency in neighborhood parks in Pasco County and recognizes the County’s policy decision to shift the responsibility of developing and maintaining neighborhood parks to the cities, developers and quasi-governmental entities; and
WHEREAS, the Board of County Commissioners desires that Neighborhood Parks be provided and maintained by the developers of residential dwelling units to serve the neighborhood recreational demands created by such residential development; and
NOW THEREFORE, be it ordained by the Board of County Commissioners of Pasco County Florida, as follows:
Section 1.
A. Article 500 of the Land Development Code is hereby amended to add the following new subsections:
(1) 511.11 Neighborhood Park(s)
Neighborhood Park(s) shall be provided and maintained in the same manner as a subdivision, pursuant to Section 610.15 of the Land Development Code.
(2) 512.12 Neighborhood Park(s)
Neighborhood Park(s) shall be provided and maintained in the same manner as a subdivision, pursuant to Section 610.15 of the Land Development Code.
(3) 513.12 Neighborhood Park(s)
Neighborhood Park(s) shall be provided and maintained in the same manner as a subdivision, pursuant to Section 610.15 of the Land Development Code.
(4) 518.12 Neighborhood Park(s)
Neighborhood Park(s) shall be provided and maintained in the same manner as a subdivision, pursuant to Section 610.15 of the Land Development Code.
(5) 519.12 Neighborhood Park(s)
Neighborhood Park(s) shall be provided and maintained in the same manner as a subdivision, pursuant to Section 610.15 of the Land Development Code.
(6) 520.12 Neighborhood Park(s)
Neighborhood Park(s) shall be provided and maintained in the same manner as a subdivision, pursuant to Section 610.15 of the Land Development Code.
B. Section 522.4.A.4 of the Land Development Code is hereby deleted and replaced with the following:
522.4.A.4 Neighborhood Park(s)
Neighborhood Park(s) shall be provided and maintained in the same manner as a subdivision, pursuant to Section 610.15 of the Land Development Code.
C. Section 610.15 of the Land Development Code is hereby deleted and replaced with the following:
610.15 Neighborhood Park(s)
The developer of a subdivision that includes more than 25 dwelling units shall provide and maintain neighborhood park(s) for use by the residents of said subdivision in accordance with this subsection. For purposes of this requirement, a “subdivision that includes more than 25 dwelling units” shall also include subdivisions of less than 25 dwelling units that, when combined with contiguous or adjacent subdivisions developed by the same or a related developer or owner that have not provided Neighborhood Park(s) in accordance with this subsection, comprise more than 25 dwelling units.
A. Amount of Land Required for Neighborhood Park(s)
The amount of land required to be provided and maintained as Neighborhood Park(s) by the developer of a subdivision that includes dwelling units shall be:
One (1) acre for 25 to 100 dwelling units;
An additional 100th of one acre for each additional dwelling unit over 100.
B. Standards for Land Provided for Neighborhood Park(s)
The land provided for use as Neighborhood Park(s) shall be developable uplands exclusive of required setbacks from wetland or environmental areas, and shall not contain any structures, restrictions or encumbrances that prevent its use as a Neighborhood Park.
The land provided for each Neighborhood Park shall be an area within or contiguous to the subdivision, and easily accessible to the residents by automobile, foot and bicycle. The Neighborhood Park shall, at a minimum, include open play areas. If the Neighborhood Park includes playground or other recreational equipment, such equipment shall comply with all applicable American Society for Testing and Materials (ASTM) standards.
C. Neighborhood Park(s) Maintenance
The developer of a subdivision that includes the Neighborhood Park shall be required to maintain and pay taxes on the Neighborhood Park(s) at no expense to the County, or convey such park(s) to a non-profit homeowners’ association, community development district formed pursuant to Chapter 190, Florida Statutes, or open space trust for maintenance and payment of taxes. Neighborhood Park(s) must be continuously maintained in a safe manner and consistent with safety standards established by the Consumer Product Safety Commission and ASTM. If a homeowners’ association, community development district, or open space trust is formed, the developer shall provide documentation acceptable to the county demonstrating that such organization is governed according to the following:
1. The organization is organized by the developer and operating with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
2. Membership in the organization is mandatory for all purchasers of dwelling units therein and their successors.
3. The organization shall be responsible for maintenance of and insurance and taxes on Neighborhood Park(s).
4. The members of the organization shall share equitably the costs of maintaining and developing Neighborhood Park(s) in accordance with procedures established by them.
5. The organization shall have or hire adequate staff to maintain the Neighborhood Park(s).
6. In the event that the organization established to own and maintain the Neighborhood Park(s) or any successor organization shall, at any time after establishment, fail to maintain the Neighborhood Park(s) in reasonable order and condition, the County may serve written notice upon such organization and upon the residents and owners of the development setting forth the manner in which the organization has failed to maintain the Neighborhood Park(s) in reasonable condition. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. If the deficiencies set forth in the original notice shall not be cured within said thirty (30) days or any extension thereof, the County, in order to preserve the taxable values of the properties within the development and to prevent the Neighborhood Park(s) from becoming a public nuisance, may, upon approval by the Board of County Commissioners at a public hearing, enter upon said Neighborhood Park(s) and maintain the same for any duration deemed appropriate by the County. Said entry and maintenance shall not vest in the public any rights to use the Neighborhood Park(s), and shall not cause the County to incur any liabilities or obligations related to such Neighborhood Park(s). The cost of such maintenance by the County, together with the cost of an insurance policy covering such maintenance (with the County as a named insured), shall be assessed ratably against the properties within the development that have a right of enjoyment of the Neighborhood Park(s) and shall become a tax lien on said properties. The County, at the time of entering upon said Neighborhood Park(s) for the purpose of maintenance, shall file a notice of such lien in the office of the Clerk of Courts of the County, upon the properties affected by such lien within the development. Notwithstanding the foregoing, the county shall be under no obligation to maintain any Neighborhood Park, and nothing herein shall preclude the County from exercising any other available legal remedy for the failure to maintain Neighborhood Park(s).
D. The provision of Neighborhood Park(s) pursuant to this subsection shall not entitle the provider of such park(s) to any offset or credit against any portion of the fees set forth in the Parks and Recreation Impact Fee Ordinance.
Section 2. Severability
If any section, sentence, clause, or phrase of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance.
It is the intent of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Pasco County Land Development Code and that the sections of this ordinance may be renumbered or relettered.
Section 4. Modification
It is the intent of the Board of County Commissioners that the provisions of this ordinance may be modified as a result of considerations that may arise during public hearings. Such modifications shall be incorporated into the final version of the ordinance adopted by the Board and filed by the Clerk to the Board pursuant to Section 5.
Section 5. Effective Date
A certified copy of this ordinance shall be filed with the Department of State by the Clerk to the Board within ten (10) days after adoption of this ordinance, and this ordinance shall take effect upon filing with the Department of State. This ordinance shall not apply to any subdivision which has received preliminary plat approval prior to the effective of this Ordinance.
ADOPTED this _______ day of ________________________, 2002.
(S E A L)
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PASCO COUNTY, FLORIDA
___________________________ __________________________________
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
OFFICE OF THE COUNTY ATTORNEY
BY: ______________________________________________
COUNTY ATTORNEY