(A) Intent. Residential development engenders the need to ensure that areas are provided, either within the development itself or in conjunction with the town, where active recreational activities can take place. Active recreation area requirements (ARA) are established to ensure that town’s citizens have adequate open space areas and walking trails to promote good health and a positive sense of community.
(B) Exemptions. The requirements shall apply to all planned residential developments and major subdivisions, except:
(1) When a planned development or a subdivision had been approved or had a complete application filed prior to enactment of these regulations; and
(2) Subdivisions with lots greater than three acres.
(C) Applicability.
(1) Every person or organization that subdivides or develops land for residential use shall provide for a recreational facility in accordance with this section by one of the following methodologies: establish within the development areas suitable for active recreation; provide cash-in-lieu-of payment; or to provide a combination of cash and facility development acceptable to the Town Council. Should payment in lieu of the provision of onsite ARA be determined to be the preferred method of compliance with this chapter, the amount will be determined in accord with division (D) below.
(2) The amount of land required for ARA shall be based on the acreage of total area in a subdivision or planned residential development. The requirement shall be 15% of the gross square footage of the site.
(3) Criteria for evaluating suitability of proposed recreation areas within the residential development shall include, but not be limited to the following as determined by the town’s Planning Board.
(a) Unity. The dedicated land shall be a single parcel, except where it is determined that two or more parcels would be in the public interest. The Planning Board may require that the parcels be connected and may also require a path of least 20 feet in width in addition to the land requirement. Trails cannot account for more than 25% of the required active recreation area.
(b) Location. The dedicated land shall be located so as to serve the recreation needs of the residents which are a part of the proposed development.
(c) Physical characteristics. The shape, topography and soils types of the land shall be such as to be usable for active recreation. Ponds and other water features may not be included in computing dedicated land area unless acceptable to the Planning Board. Average slope of ARA shall be under 15%.
(d) Accessibility. Community access to the Active recreation area shall be provided either by an abutting street or community greenway easement. Such community easement shall be at least 20 feet in width or should connection to town greenway system be possible the easement shall be 30 feet.
(D) Fees in lieu of providing land as required in division (B)(2) above. A developer may provide funds in the amount of 125% (to account for the cost of recreational equipment) of assessed value, as determined by the county’s Tax Assessor, of the land area prescribed in division (C)(2) above. The Town Council upon a recommendation from the Planning Board shall determine whether fees in lieu of providing ARA is an acceptable solution, or if it can be a combination of fees and land.
(E) Use of fees. The funds collected from the cash-in-lieu-of-land payments shall be spent only on capital improvements to town-owned recreational facilities or acquisition of new land and facilities, including greenway construction. The expenditure of recreation funds paid by the developer to the town in lieu of providing active recreation area shall be determined by the Town Council.
(Ord. passed 3-14-2005; Ord. passed 5-14-2007; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 310)