(A) The proposed subdivision shall not be approved unless the provisions set forth below are met.
(1) Every subdivider/developer who develops a residential subdivision shall dedicate a portion of such land as set forth in this section for the purpose of providing land for neighborhood parks.
(2) The provisions of this section shall apply to all residential development districts with the exception of the R-1 zoning district and except subdivisions containing 59 or less residential lots, dwelling units, apartments or condominiums.
(3) The basis for determining the total number of dwelling units shall be the number of units approved by the county on the property included on a preliminary subdivision plan or a site plan filed with the Planning Commission.
(B) The area, location and physical characteristics of land required to be dedicated pursuant to this section shall be as follows.
(1) Seven hundred and twenty-six square feet shall be dedicated for each dwelling unit (1 acre per 60 dwelling units) shown on the preliminary subdivision plan or site development plan. The Planning Commission may allow less than the full 726 square feet, as provided for in (B)(2) below.
(2) Recreation land shall be located so as to be reasonably accessible from all lots in the subdivision and in accordance with the following. Up to 50% of the land area to be dedicated may be steep slopes, streams, lakes or floodplain. In all instances, 50% of the parkland requirements shall be suitable for dry ground recreational use. Fifty percent of the dry ground recreational area shall not exceed a grade of 5%. If no land meeting these requirements exists in the subdivision, or, if the subdivider/developer chooses to provide more than the required amount of land meeting the 5% slope criteria, modifications can be made by the Planning Commission with the recommendation of the Parks and Recreation Division.
(3) Where on-site detention and/or retention facilities are provided, the detention/retention facilities may only count as part of the recreational area requirement at the discretion of the Planning Commission, with the recommendation of the Parks and Recreation Commission.
(4) Title to recreation lands and facilities shall be held by an established homeowners association in which membership is mandatory and automatic upon conveyance of title to any lot or unit in the subdivision. The association shall be incorporated and the articles of incorporation shall be submitted to the Planning Commission for review and approval. Upon acceptance by the Department of Assessments and Taxation of the State of Maryland, appropriate notations shall be made on the plat as to date of approval and acceptance. This requirement shall not apply if the county takes title to the land pursuant to paragraph (5).
(5) At the discretion of the Planning Commission, and with the recommendation of the Parks and Recreation Division, where public ownership is deemed desirable, the required recreation land may be conveyed to the county.
(Ord. 86-1-378, 1-7-1986; Ord. 14-23-678, 11-13-2014)