§ 33H-10. Land suitability.

Site characteristics. The location, configuration, size and/or other general factors of the land proposed for dedication shall follow the guidelines in Section 33H-10. All land dedications for park and recreation purposes, shall be reviewed and approved by the Director. The Director shall consider:

(1)

Size: The size of the parcel shall be expressed in net acres. The net acre calculation shall exclude street right-of-way, existing and proposed easements, borrow pits, lakes, other man-made and natural conditions which restrict or impede the intended use of such areas for local park and recreation purposes. Five (5) net acres is the minimum acceptable size for local parks. Smaller sites may only be accepted, at the sole discretion of the Department, if:

a.

they meet the provisions in Section 33H-10(7), "Traditional Neighborhood Development" (Section 33-284.46, Miami-Dade County Code), or

b.

the site may presently or in the future be combined with other public park properties, or

c.

the site is part of an "Urban Center District," or

d.

the site will be maintained by other than County funding.

(2)

Unity: The land to be dedicated shall form a single parcel except where two (2) or more parcels would be in the public interest.

(3)

Shape: The parcel shall be usable for recreational activities as identified in Table 2 and other active and passive leisure pursuits.

(4)

Location: The parcel to be dedicated shall be located within the same park benefit district and/or park service zone as the development.

(5)

Access: Public access to the parcel to be dedicated shall be provided by improved public street frontage.

(6)

Usability: A dedicated parcel shall meet the following criteria:

a.

The parcel is platted and ready to be developed so that no funds would be required to be expended for site development.

b.

All utilities are in place and are at the perimeter of the site and include roads, walks, curbs, water lines, sewer lines, electric service lines, and telephone service lines.

c.

All utilities are of sufficient quality and quantity to adequately serve the site.

d.

The parcel is filled and compacted to comply with all applicable subdivision codes, building and zoning codes, and flood insurance laws and regulations. The fill and compaction are of sufficient quality to accept the building improvements.

(7)

Sensitive land: The Board of County Commissioners hereby finds that steep slopes, canals, lakes, watercourses, beaches, golf courses, and wetlands shall not constitute usable land for local recreation activities. However, credit may be given to designated pine and hammock forested lands identified as "Natural Forest Community" in Ordinance No. 89-8, designated sites identified as "Environmentally Endangered Lands" (EEL). (Chapter 24A of the Code of Metropolitan Miami-Dade County), and listed on the A or B Acquisition Lists, and to sites with aesthetic or historic value where passive use, conservation, and preservation objectives are consistent with neighborhood and community needs.

(a)

Designated sites containing "Natural Forest Communities or EEL," may be considered for up to a maximum of fifty (50) percent credit toward the park open space fee requirement. In all instances, a minimum of fifty (50) percent of the total land dedication requirements must be suitable for local park open space use.

(b)

The balance of the park open space fee not receiving credit as specified above, shall be paid by the applicant in accordance to the provisions of Section 33H-6 herein.

(c)

In cases of natural or historical sites which are exceptional or unique, areas less than five (5) acres may be considered.

(8)

Plans: County, regional and State plans shall be taken into consideration when evaluating land dedication.

(9)

The Director shall determine, based on specific review of each application, whether the proposed site meets the requirements within this section. The Director's determination shall be in writing and shall specify the reasons the site was approved or denied credit. The Director's determination shall be made within thirty (30) days from the date the request was received.

(Ord. No. 90-59, § 2, 6-19-90; Ord. No. 94-184, § 1, 9-22-94; Ord. No. 06-13, § 1, 1-24-06)