The subdivider shall allocate and convey to the town as public open space, at least five percent (5%) of the total acreage submitted for subdivision which is to be classified as: R-1 residential estate; R-2 one-unit residential; R-3 one- to two- unit residential; R-4 high density residential; R-5 mobile home subdivision; PUD planned unit development district; B-1 general business district; I-1 light industrial district; or I-2 general industrial district.
At the option of the town, the subdivider shall in lieu of the conveyance of land previously stated, pay to the town a cash amount equivalent to at least six percent (6%) of the raw land value of the total acreage proposed to be subdivided.
The value of the proposed subdivided acreage shall be established and agreed upon by the town and the subdivider, prior to acceptance of the final plat of the subdivision by the town.
If the town and subdivider are unable to agree upon the value of the acreage to be subdivided, the value shall be established by three (3) independent appraisers, with one appraiser chosen by the town, one by the subdivider, and the third by the two (2) appraisers chosen by the town and subdivider.
The six percent (6%) of the raw land value paid by the subdivider shall be used solely for acquisition or development of parks, playgrounds or other similar public open spaces and purposes.
Parks, playgrounds, and school sites shall be centrally located within a residential neighborhood (subdivision) containing seven hundred fifty (750) to one thousand (1,000) families.
Residential subdivisions of fewer than five hundred (500) lots may have park land situated at the perimeter of the subdivision with the expectation that the park land shall be adjoined in the future to other dedicated park land at such time as contiguous property is subdivided.
Residential subdivisions containing one thousand (1,000) lots or more shall require that the acreage donated for park shall be divided into two (2) or more park areas to be situated within the subdivision.
Public open space donations for zoning areas other than residential zones, may be located on the perimeter of the subdivision and/or may take the form of a parkway designed to pass through or be located within the subdivision.
The town may require the subdivider to reserve and hold, free of encumbrance, such additional acreage defined in the adopted master plan for the town, which is contiguous to a proposed subdivision park, playground, school, parkway, or similar public space, for a period not to exceed five (5) years from the date of the recording of the plat for the applicable subdivision.
The value of the reserved acreage shall be established and agreed upon by the town and the subdivider, prior to acceptance of the final plat of the subdivision by the town.
If the town and subdivider are unable to agree upon the value of the reserved acreage, the value shall be established by three (3) independent appraisers, with one appraiser chosen by the town, one by the subdivider, and the third by the two (2) appraisers chosen by the town and subdivider.
Upon written request by the town to the subdivider within the previously stated time period, and the payment by the town of the agreed upon or appraised value of the reserved property, the subdivider shall convey to the town the reserved additional acreage for use by the town as additional public open space. (Ord. 2012-04, 7-17-2012)
Next Doc