§ 12.9 RECREATION SPACE.
   12.9.1   General provisions. Every subdivider of land for residential purposes shall dedicate a portion of such land, as set forth herein, for the purpose of providing active and passive recreation areas to serve the residents of the immediate neighborhood within the subdivision.
   12.9.2   Active and passive recreation space dedications. Recreation areas shall be defined for active or passive recreation use as follows.
      A.   Active recreation consists of areas such as park land chosen without regard to natural features for the explicit purposes of enhancing design, such as village commons, or providing space for outdoor recreation activities that may include, but not be limited to, golf courses, tennis courts, ball fields, swimming pools, and tot lots with play equipment. No more than 25% of the required active recreation may be located in an indoor facility such as, but not limited to, exercise rooms, clubhouses, and gymnasiums. Parking spaces associated with these uses, whether required or not, shall not be counted towards satisfying the required active recreation space provision.
      B.   Passive recreation areas shall include amenities such as walking paths, piers, picnic areas, and other passive recreational uses. Such uses shall be subject to approval and/or permits issued by the proper authorities, including any necessary CAMA approvals, and only will be allowed with minimal disturbance of the vegetation. The passive recreation areas may consist of undisturbed, unique, and sensitive natural features and may include streams, floodplains, wetlands (excluding tidal marsh), conservation resources, and natural heritage areas if identified. Undisturbed soils and natural vegetative cover for wildlife habitat will characterize these natural spaces:
         1.   The town subject to the acceptance by the Town Council;
         2.   Other public jurisdictions or agencies, subject to their acceptance;
         3.   Property owner, condominium or cooperative associations or organizations; and
         4.   Shared, undivided interest by all property owners in the subdivision, which interest shall run with the land and be transferred when the individual properties are sold.
   12.9.3   Required recreation space.
      A.   All new residential subdivisions shall provide recreation space in the amount of 10% of the gross acreage within the subdivision, with not more than 25% of the recreation space to be used for active recreation. The developer shall designate the area which meets the required recreation space on the subdivision plan and in the event additional recreation space is provided (in excess of the required amount), said excess recreation space shall not be used in the future for any other purpose, but shall remain in perpetuity as recreation space. The recreation space either shall be dedicated to the town or a conservation easement shall be granted to the town.
      B.   Recreation space areas shall be of such minimum dimensions as to be functionally usable and maintainable. Residential subdivisions that are small enough so that the amount of required recreation space area does not exceed 20,000 square feet shall be exempt from providing such space when the Planning Board determines that:
         1.   Recreation space area cannot be combined with such areas serving adjacent property to form a functionally usable and maintainable area; or
         2.   The recreational needs of the development can be adequately met by existing or planned town-owned park or recreation space areas located close enough to such development to reasonably serve its residents. In determining the size of a subdivision for the purposed of this Article, the Planning Board shall consider the entire project developed on a single tract or contiguous multiple tracts under common ownership, regardless of whether the subdivision is constructed in phases or stages.
   12.9.4   Standards for park and recreation areas. Except as otherwise approved by the appropriate governing body, all park, recreation, and open space areas shall meet the following criteria.
         1.   Unity. The dedicated land shall form a single parcel of land, whether or not the subdivision is developed in phases or sections, except where it is determined by the Planning Board that two or more parcels would be in the best interests of the residents of the subdivision and the public; and in such case, the Planning Board may require that such parcels be connected.
         2.   Usability. At least two-thirds of the total land dedicated must be outside of wetland areas under the jurisdiction of federal and state regulatory agencies and be usable for active and/or passive recreation.
         3.   Shape. The portion of dedicated land to be used for active recreation shall be of such a shape to be usable for active recreation facilities, including, but not limited to, tennis courts, racquetball courts, swimming pools, exercise rooms, clubhouses, athletic fields, basketball courts, swings, slides, and play apparatus. The developer shall include said areas(s) on the preliminary and final subdivision plat, and must demonstrate that the shape and size of the area is adequate for the intended purpose(s).
         4.   Access within the subdivision for which the land dedication is made and can be combined. All dwelling units in the subdivision shall have free, easy, and convenient ingress and egress to and from the park, recreation, and open space areas provided within the development by means of improved streets or dedicated walkways. Rights-of-way for such access shall be shown on the preliminary plats and final plats.
         5.   Topography. The average slope of the portion of dedicated land deemed usable for active recreation shall not exceed the average slope of the entire subdivision to be developer, and in no case shall the slope of the land dedicated be greater than 10%. The developer shall include said area(s) on the preliminary and final subdivision plat, and must demonstrate that the land is adequate for the intended purpose(s).
         6.   Landscaping. Park, recreation, and open space areas shall be landscaped and shall be provided with sufficient natural or human-made screening or buffer areas to minimize any negative impacts upon adjacent residences.
         7.   Encroachments. The park, recreation, and open space areas required by this section shall exclude roadways, parking areas, and other accessory uses except recreational facilities.
   12.9.5   Procedure for dedication of land.
      A.   Designation of land to be dedicated. Subdividers shall designate on the preliminary subdivision plat the area or areas to be dedicated pursuant to this Article.
      B.   Review of land to be dedicated. A copy of the preliminary subdivision plat showing the areas to be dedicated shall be submitted to the Planning Board for review and approval at its next scheduled meeting.
      C.   Ownership. The owner, developer, or subdivider, subject to the approval of the Planning Board, shall select the type of ownership of land dedicated for park, recreation, or open space purposes. The type of ownership may include, but is not necessarily limited to, the following:
         1.   The town subject to the acceptance by the Town Council;
         2.   Other public jurisdictions or agencies, subject to their acceptance;
         3.   Property owner, condominium, or cooperative associations or organizations; and
         4.   Shared, undivided interest by all property owners in the subdivision, which interest shall run with the land and be transferred when the individual properties are sold.
   12.9.6   Flexibility in administration authorized.
      A.   The requirements set forth in this Article concerning the amount, size, location, and nature of park, recreation, and open space areas to be provided in connection with residential developments are established by the Town Council as standards that preemptively will result in the provision of that amount of recreational facilities and open space that is consistent with officially adopted town plans. The town recognizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this Article may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the Planning Board is authorized to permit minor deviations from these standards whenever it determines that:
         1.   The objectives underlying these standards can be met without strict adherence to them; and
         2.   Because of peculiarities in the developer’s tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards.
      B.   Whenever some deviation from the standards set forth in this Article is authorized, the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation.
(Ord. passed 2-3-2021)