Sec. 8.6.1. Greenways

  1. Required Greenway Dedication
    Subject to the limitations of Sec. 8.6.1.C. below, whenever a tract of land included within any proposed residential subdivision or residential site plan includes any part of a greenway designated on the Comprehensive Plan, the greenway shall be platted and dedicated as a greenway easement.
  2. Greenway Easement Width
    Subject to the limitations of Sec. 8.6.1.C. below, the greenway required to be platted shall at a minimum, be the product of the following dimensions:
    1. Minimum standard width multiplied by the length of the boundary along the banks of the adjoining watercourse;
    2. Plus that portion of the watercourse contained within the development when property lines extend to the centerline of the watercourse:
      1. Neuse River: 150 feet from each bank.
      2. b. Crabtree & Walnut Creeks: 100 feet from each bank.
      3. c. All other tributaries: As established by the current City Council-approved Raleigh Parks Plan.
  3. Limitation on Dedication
    1. No dedication shall be required for greenway lying outside of any special flood hazard area, but such area shall be reserved in accordance with Sec. 8.1.6. for possible City acquisition.
    2. The amount of greenway required to be dedicated shall not exceed the total obligation of the development to pay an open space facility fee, as determined by Article 8.9. Facility Fees, the number and type of dwelling units allowed by law for the development and the schedule of greenway land values listed in the City of Raleigh Fee Schedule, kept on file by the City and is updated and adopted by the City Council.
  4. Method and Conditions of Reimbursement
    1. The City Council may, in its discretion, change the general term of payment for individual projects and authorize payment in 1 sum immediately or in fixed payments.
    2. No payment will be allowed if the dedicated open space is being used to satisfy a requirement for open space based on the underlying zoning district. Reimbursements will be reduced by any open space facility fee credits.
    3. The dedicators shall waive their statutory right to withdraw the dedication prior to receiving any payment.
    4. Reimbursements shall be fixed at the rate in effect when the dedication occurs.