(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 as defined in §152.10. The width of the buffer shall be in addition to the lot area required by the zoning ordinance. 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 homeowners' association.
(B) Recreation and open space.
(1) Every person or corporation who subdivides land into 25 or more lots for residential purposes shall be required to dedicate a portion of the land, as set forth in this chapter for the purposes of park, recreation, and open space sites to serve the residents of the neighborhood in which the subdivision is located. The amount of land required to be dedicated by a subdivider shall be determined as follows: The minimum amount of land that shall be dedicated for recreation, parks, or open space in all subdivisions of 25 lots or more shall be one-half acre for each subdivision, or 5% of the gross acreage, whichever is greatest.
(2) 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 Subdivision Administrator in consultation with the Murphy Recreation Commission, and, if needed, the town consulting engineer.
(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 Subdivision Administrator 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 (B)(1) above.
(b) Location. The dedicated land shall be located so as to serve the recreation needs of the immediate neighborhood within the subdivision.
(c) Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. The easement may be required to be up to 60 feet in width and shall in no case be less than 30 feet in width.
(d) Usability. The dedicated land shall be usable for active recreation (play areas, ballfields, tennis courts, or similar recreation uses). Lakes may not be included in computing amount of land to be dedicated unless acceptable to the Subdivision Administrator. If the Subdivision Administrator determines that active recreation needs are being met by other dedicated parcels or existing recreation facilities, then land that is suitable for open space may be dedicated.
(3) The Subdivision Administrator may, in cases of unusual or exceptional nature, allow adjustments in the dedication requirements established in or required by this chapter. The adjustments shall be reviewed by the Murphy Recreation Commission, and, if needed, the town consulting engineer before action by the Subdivision Administrator.
(Ord. passed 9-19-1985; Am. Ord. passed 10-7-2019; Am. Ord. passed 6-7-2021)
Penalty, see § 152.99