HOUSE BILL NO. 505

INTRODUCED BY D. FUCHS

A BILL FOR AN ACT ENTITLED: "AN ACT MODIFYING THE PARK DEDICATION REQUIREMENTS UNDER THE MONTANA SUBDIVISION AND PLATTING ACT; AMENDING SECTION 76-3-621, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

WHEREAS, local governments throughout the state of Montana have received ownership of many small parcels of parkland through the park dedication requirements under the Montana Subdivision and Platting Act; and

WHEREAS, these parks are often difficult to develop or maintain; and

WHEREAS, it is in the public interest that local governments adopt clear procedures for the development or disposal of these small parks; and

WHEREAS, the Legislature finds that community parks and linked pathway systems foster efficient park utilization.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 76-3-621, MCA, is amended to read:

"76-3-621. Park dedication requirement. (1) If a governing body has adopted a park plan pursuant to subsection (8) and except as provided in subsections (2), (3), and (6), a subdivider shall dedicate to the governing body a cash or land donation equal to:

(a) 11% of the area of the land proposed to be subdivided into parcels of one-half acre or smaller;

(b) 7.5% of the area of the land proposed to be subdivided into parcels larger than one-half acre and not larger than 1 acre;

(c) 5% of the area of the land proposed to be subdivided into parcels larger than 1 acre and not larger than 3 acres; and

(d) 2.5% of the area of the land proposed to be subdivided into parcels larger than 3 acres and not larger than 5 acres.

(2) When a subdivision is located totally within an area for which density requirements have been adopted pursuant to a master plan under Title 76, chapter 1, or pursuant to zoning regulations under Title 76, chapter 2, the governing body may establish park dedication requirements based on the community need for parks and the development densities identified in the plans or regulations. Park dedication requirements established under this subsection are in lieu of those provided in subsection (1) and may not exceed 0.03 acres per dwelling unit.

(3) A park dedication may not be required for:

(a) a minor subdivision;

(b) land proposed for subdivision into parcels larger than 5 acres;

(c) subdivision into parcels that are all nonresidential;

(d) a subdivision in which parcels are not created, except when that subdivision provides permanent multiple spaces for recreational camping vehicles, mobile homes, or condominiums; or

(e) a subdivision in which only one additional parcel is created.

(4) (a) The governing body, in consultation with the subdivider and the planning board or park board that has jurisdiction and in compliance with the park plan adopted pursuant to subsection (8) and the county outdoor recreation and open space plan, if one has been adopted pursuant to 7-16-2324, may determine suitable locations for parks and playgrounds.

(b) The governing body, giving due weight and consideration to the expressed preference of the subdivider, may determine whether the park dedication must be a land donation, cash donation, or a combination of both. When a combination of land donation and cash donation is required, the cash donation may not exceed the proportional amount not covered by the land donation.

(5) (a) In accordance with the provisions of subsections (5)(b), (5)(c), and (5)(d) the governing body shall use the dedicated money or land for development, acquisition, or maintenance of parks to serve the subdivision.

(b) The governing body may use the dedicated money to acquire, develop, or maintain, within its jurisdiction, parks or recreational areas or for the purchase of public open space or conservation easements only if:

(i) the park, recreational area, open space, or conservation easement is within a reasonably close proximity to the proposed subdivision; and

(ii) the governing body has formally adopted a park plan that establishes the needs and procedures for use of the money.

(c) The governing body may not use more than 50% of the dedicated money for park maintenance.

(d) If dedicated real property is not developed or disposed in compliance with the park plan adopted pursuant to subsection (8) and the county outdoor recreation and open space plan, if one has been adopted pursuant to 7-16-2324, within 20 years, ownership of the dedicated real property must revert back to the subdivider who dedicated the real property or to the subdivider's heirs.

(6) The local governing body shall waive the park dedication requirement if:

(a) (i) the preliminary plat provides for a planned unit development or other development with land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the development; and

(ii) the area of the land and any improvements set aside for park and recreational purposes equals or exceeds the area of the dedication required under subsection (1);

(b) (i) the preliminary plat provides long-term protection of critical wildlife habitat; cultural, historical, or natural resources; agricultural interests; or aesthetic values; and

(ii) the area of the land proposed to be subdivided, by virtue of providing long-term protection provided for in subsection (6)(b)(i), is reduced by an amount equal to or exceeding the area of the dedication required under subsection (1); or

(c) the area of the land proposed to be subdivided, by virtue of a combination of the provisions of subsections (6)(a) and (6)(b), is reduced by an amount equal to or exceeding the area of the dedication required under subsection (1).

(7) For the purposes of this section:

(a) "cash donation" is the fair market value of the unsubdivided, unimproved land; and

(b) "dwelling unit" means a residential structure in which a person or persons reside.

(8) A park plan adopted under this section must:

(a) include criteria for the development of parkland;

(b) include criteria and procedures for the disposition of parkland, subject to the provisions of 7-16-2324 and Title 7, chapter 8, part 25;

(c) establish needs and procedures for use of money dedicated under this section; and

(d) include criteria designed to encourage community parks and linked pathway systems."

NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.

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