(A) Parks, playgrounds and recreation areas.
(1) Recreation standards.
(a) The Commission shall require that land be reserved for parks and playgrounds or other recreational purposes in locations designated on the comprehensive plan or otherwise where reservations would be appropriate.
(b) Each reservation shall be of suitable size, dimension, topography and general character and shall have adequate road access for the particular purposes envisioned by the Commission.
(c) The area shall be shown and marked on the plat: “Reserved for Park and/or Recreational Purposes.”
(d) When recreation areas are required, the Commission shall determine the number of acres to be reserved from the following table, which has been prepared on the basis of providing 3 acres of recreation area for every 100 dwelling units.
(e) The Commission may refer proposed reservations to the local government official or agency in charge of parks and recreation for recommendation.
1. If approved by official or agency, the developer shall dedicate all recreation areas to the local government as a condition of secondary approval.
2. In general, land reserved for recreation purposes shall have an area of at least 4 acres. When the percentages from division (A)(2) below would create less than 4 acres, the Commission may require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at a time as the adjacent land is subdivided.
(2) Recreation requirements.
Single Family Lots; Size of Lots | Percentage of Land to be Reserved |
80,000 and greater | 1.5% |
50,000 SF | 2.5% |
40,000 SF | 3.0% |
35,000 SF | 3.5% |
25,000 SF | 5.0% |
15,000 and less SF | 8.0% |
(1996 Code, Chap. 11, Table 4-3)
(3) Recreation sites. Land reserved for recreation purposes shall be of a character and location suitable for use as playground, play field or other active recreation purposes and shall be relatively level and dry. It shall be improved by the developer to the standards required by the Commission and the cost of the improvements shall be included in the amount of the performance bond. Passive recreation areas along stream valleys may be accepted by the Commission as part of the required area if adequate flat land is also provided for space-consuming recreation activities. A recreation site shall have a total frontage on 1 or more streets of at least 200 feet except for stream-valley and other linear passive recreation areas which shall at no point be narrower than 50 feet. The Commission may refer any subdivision intended to contain a dedicated park to the local government official, department or agency in charge of parks and recreation for a recommendation. All land to be reserved for dedication to the town for park purposes shall have prior approval of the town and shall be shown on the plat as “Reserved for Park and/or Recreation Purposes.”
(4) Applicability to land using average density provisions.
(a) Any subdivision plat in which the principle of flexible zoning has been used shall not be exempt from the provisions of this section except as to any portion of the land area which is actually dedicated to the town for park and recreation purposes.
(b) If no additional area, other than the area to be reserved through averaging, is required by the Commission, the full fee shall be paid.
(c) If further land is required for reservation, apart from the land reserved by averaging, credit shall be given.
(5) Other recreation reservations. The provisions of this section are minimum standards. None of the preceding subsections of this chapter shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section.
(B) Other public uses.
(1) Plat to provide for public uses. Whenever a tract to be subdivided includes a school, recreation areas, (in excess of the requirements of division (A) above, or other public use as indicated on the comprehensive plan or any portion thereof, the space shall be suitably incorporated by the applicant into his or her sketch plan, except when an applicant uses planned unit development procedures in which land is set aside by the developer for public use as required under those procedures in the Zoning Chapter.
(2) Incorporation of site. After proper determination of its necessity by the Commission and the appropriate official of any other public agency involved in the acquisition and use of each site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and final plats.
(3) Determination by Commission. Upon a like determination by the Commission, the following shall apply.
(a) Referral to public agency. The Commission shall refer the sketch plan to the public agency concerned with acquisition for its consideration and report. The Commission may propose alternate areas for acquisition and shall allow the public agency 30 days for reply. The public agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time within 5 years required to complete the acquisition.
(b) Notice to property owner. Upon a receipt of an affirmative report the Commission shall notify the property owner and the Administrator shall designate on the preliminary and final plats each area proposed to be acquired by a public agency.
(4) Duration of land reservation. The acquisition of land reserved by a public agency on the final plat shall be initiated within 5 years of notification in writing from the owner that he or she intends to develop the land. The letter of intent shall be accompanied by a site plan of the proposed development and a tentative schedule of construction. Failure on the part of a public agency to initiate acquisition within the prescribed 5 years shall result in the removal of the “reserved” designation from the property for development in accordance with this chapter.
(1996 Code, Chap. 11, § 4.9) Penalty, see § 150.999