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(1) A density bonus is available, as follows:

(a) A one percent (1%) density bonus for each one percent (1%) of land developed and dedicated to Provo City for a hard surface, linear trail for a maximum bonus of ten percent (10%).

(b) A one-half percent (0.5%) density bonus for each one percent (1%) of land developed and dedicated to Provo City for a graveled, linear trail for a maximum bonus of ten percent (10%).

(c) A three percent (3%) density bonus for the construction of a public trailhead dedicated to Provo City that meets the following requirements:

(i) The public trailhead shall have a parking lot with a minimum of ten (10) off-street parking spaces.

(ii) The parking lot shall be designed in accordance with Chapter 14.37, Provo City Code.

(d) No development may obtain a density bonus greater than ten percent (10%) for dedicating a trail(s) and/or trailhead(s).

(e) In calculating the density bonus, the resulting number shall be rounded to the nearest whole number, but in no case less than one (1).

(2) A trail dedicated to the City shall meet the following requirements:

(a) The trail must be constructed according to the applicable Provo City Public Works and Parks and Recreation Department standards;

(b) The dedicated trail right-of-way is a minimum of twenty (20) feet;

(c) The trail improvements and right-of-way must be dedicated to the City prior to issuance of any building permits within the development; and

(d) Such trail, or portion thereof, shall be part of a planned City trail system.

(3) After having received the opinion of the Parks and Recreation Department Director, Development Services Director, and the City Engineer regarding the benefit and feasibility of a proffered trail dedication, the Mayor may reject a proffered trail dedication, if it makes any one (1) or more of the following findings regarding the proffered dedication:

(a) Trail maintenance is not feasible.

(b) The trail dedication length is less than six hundred sixty (660) feet.

(c) A natural hazard, or the susceptibility to a natural hazard, including, but not limited to, slope, cliff, rock fall, or landslide, cannot reasonably be mitigated to safely operate a trail for public use, as per the opinion of the City Engineer.

(4) Legally established public accesses or legally established public rights-of-way shall not be included within the limits of disturbance (LOD) of any development or lot. Legally established public accesses and recorded rights-of-way shall be located and identified on recorded development plats and approved development plans.

(Enacted 2020-22)