PARKS/OPEN SPACE Clause Samples

PARKS/OPEN SPACE. There is no parkland dedication requirement for first minor subdivisions (MCA 76-3- 621(3)(e)).

PARKS/OPEN SPACE. Section 76-3-621 of the Montana Subdivision and Platting Act covers the park dedication requirement. Per 10.2(A) of the Yellowstone County Subdivision Regulations: • Lots 0.50 acres or less, 11% dedication: 0.00 acres x 11% = 0.00 acres • Lots 0.50 – 1.0 acres, 7.5% dedication: 0.00 acres x 7.5% = 0.00 acres • Lots 1.0 acres – 3.0 acres, 5% dedication: 45.74 acres x 5% = 2.28 acres • Lots greater than 3.0 acres, 2.5% dedication: 23.22 acres x 2.5% = 0.58 acres Section 76-3-621 of the Montana Subdivision and Platting Act covers the park dedication requirement. Based on proposed lot sizes, required parkland dedication is 2.86 acres, Subdivider is proposing to dedicate Park 1 and Park 2, which total 4.31 acres, as private parkland open space to be retained by the Subdivision HOA. Maintenance of the open space parkland will be provided by the Subdivision HOA.

PARKS/OPEN SPACE. Landowner shall, at its sole cost and expense, acquire all property for and construct all Open Space, parkland and other Open Space (as defined herein) improvements included in the Development Plan, including any dedicated parking for the parksOpen Space and installation of art and artifacts. Such improvements shall include a trail connection from ▇▇▇▇▇▇▇ Park to the Property, and through the Property to connect to the future region-wide San Francisco Bay Trail, in accordance with the standards and specifications in the Development Plan. If Landowner is not able to obtain property rights needed for such trail connection, Landowner shall pay all of the costs actually incurred by the Local Agency in its acquisition of necessary property rights, subject to Landowner’s right to dispute such costs by the procedure set forth in Section 18.2.3. All parkland and open space18.2.3, and Landowner shall remain obligated to construct and maintain, in perpetuity, all Open Space improvements in accordance with the standards and specifications in the Development Plan and the requirements of this Agreement. All Open Space improvements shall be constructed in accordance with the Phasing Plan attached hereto as Exhibit D. Landowner’s construction of the trail improvements described in this Section 15.2.1 and the other park and open spaceOpen Space improvements described in the Development Plan shall be deemed full compliance with all Local Agencies’ parks or open space requirements including the City’s Park Dedication and Park Development fee program or any other current or future City park or Open Spaceopen space requirements, and City, in the event it succeeds to the interests of County hereunder, shall not be entitled to require any separate payments or dedications under the City’s Park Dedication and Park Development fee program or otherwise.

PARKS/OPEN SPACE. A private park is proposed on the western boundary of the subdivision. The park will be maintained by the homeowners association. The park is approximately 1.60 acres in size, which meets the parkland requirement of .68 acres.

PARKS/OPEN SPACE. There is no parkland requirement for proposed Amended Plat of West ▇▇▇▇▇▇▇ Subdivision, as this is a minor subdivision in which only one additional parcel is created [MCA 76-3-617(3) (d)].

PARKS/OPEN SPACE. The parkland requirement for this subdivision is 3.967 Acres. • The parkland requirement is met by a dedication of 3.231 Acres of public parkland with the remainder to be met by cash-in-lieu of parkland. • A Park Maintenance District will be established with the final plat to maintain the public parkland (Park 1 and Park 2). • Park 3 shall be owned and maintained by HOA for the purpose of storm water retention. For this reason, Park 3 does not count toward fulfillment of the parkland requirement for this subdivision.

PARKS/OPEN SPACE. There is no parkland requirement for proposed ▇’▇▇▇▇▇▇ Farms Subdivision, as this is a minor subdivision [MCA 76-3-621(3)(a)].

PARKS/OPEN SPACE. Park dedication will be made through a combination of private park development for residents in the community, a 20-foot wide linear park dedication and development along the two public 10-wide multi-use paths along 48th Street West and the ▇▇▇▇▇’▇ Slough, and a cash-in-lieu of contribution. The total net area of residential development for this subdivision is 18.05

PARKS/OPEN SPACE. There is no parkland requirement for Olive Grove Subdivision, as this is a minor subdivision.