(A) Buffering. Whenever a residential subdivision is located adjacent to an office, institutional, commercial or industrial use, which does not have a buffer or property zoned for these uses, and a buffer is not required between these and the subdivision, the subdivider shall provide a buffer strip as defined in § 151.037. The width of the buffer shall be in addition to the lot area required by the Unified Development Ordinance of the town. The buffer shall become part of the lot on which it is located, or in the case of commonly owned property, shall be deeded to the homeowner’s association.
(B) Recreation and open space. Every person or corporation who subdivides land into ten or more lots for residential purposes may be required to dedicate a portion of the land, as set forth in this ordinance, to the town or a homeowner’s association for the purposes of park, recreation and open space sites to serve the residents of the neighborhood in which the subdivision is located.
(C) Minimum size. The minimum amount of land shall be dedicated for recreation, parks or open space in all subdivisions shall be one-half acre for each subdivision or 5% of the gross acreage, whichever is greater.
(D) Requirements. Criteria for evaluating suitability of proposed recreation, parks and open space areas shall include, but not be limited to, the following, as determined by the Town Commissioners in consultation with the Planning Board and the Recreation Advisory Committee.
(1) 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 Town Commissioners may require that parcels be connected, and may require the dedication of a connecting path of up to 60 feet, and in no case less than 30 feet in width in addition to the land required in division (C) above.
(2) Location. The dedicated land shall be located so as to serve the recreation needs of the immediate neighborhood within the subdivision.
(3) Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. The easement may require being 60 feet in width and shall in no case be less than 30 feet in width.
(4) Usability. The dedicated land shall be usable for active recreation (play areas, ball fields, tennis courts or similar recreation uses). Lakes may not be included in computing the amount of land to be dedicated unless acceptable to the Town Commissioners. If the Town Commissioners determine that other dedicated parcels or existing recreation facilities are meeting active recreation needs, then land that is suitable for open space may be dedicated.
(E) Adjustments. The Town Commissioners may in cases of unusual or exceptional nature, allow adjustments in the dedication requirements established in or required by this ordinance. The Planning Board and the Recreation Advisory Committee before action by the Town Commissioners shall review the adjustments.
(F) Homeowner’s association. Where parks and recreation space is deeded to a homeowner’s association, the subdivider or owner shall file with the town and record with the final subdivision plat a declaration of covenants and restrictions as well as regulations and bylaws that will govern the open space. Provisions shall include but not be limited to the following:
(1) The association shall be established before the homes are sold;
(2) Membership shall be mandatory for each homebuyer and all successive buyers, unless another arrangement is approved by the locality, which adequately protects the interests of the locality and the owners;
(3) The association shall be responsible for the liability insurance, local taxes and maintenance of recreation and other facilities;
(4) Any sums levied by the association that remain unpaid shall become a lien on the individual homeowner’s property which shall be subordinate only to tax and mortgagee liens unless another arrangement is approved by the locality which adequately protects the interests of the locality and the owners;
(5) If all or any portion of the property held by the association is being disposed of, or if the association is dissolved, adequate open space shall be deeded to the locality to satisfy the requirements for public recreation space under this subchapter;
(6) An owner of each dwelling unit shall have voting rights in the association with one vote for each unit owned;
(7) Uses of common property shall be appropriately limited;
(8) The following information shall also be provided:
(a) The name of the association;
(b) The manner in which directors of the association are to be selected;
(c) The number of directors constituting the initial Board of Directors;
(d) The post office address of the initial registered office; and
(e) The name of the city and county in which the registered office is located.
(9) Nothing herein shall be construed to limit the amount of privately controlled open space land, which may be included under this agreement, over and above the recreation and park site obligation.
(Ord. passed 2-10-2009, § 14.38)
Part V: Residential Mixed Use Development