Subdivisions of land for 30 or more single-family residential lots shall be required to dedicate a portion of land, or pay a fee-in-lieu thereof, for public parkland, in accordance with the standards of this section.
A. Dedication Amount.
1. Single-family residential subdivisions of 30 or more lots shall dedicate 1,000 square feet of land per residential lot to the Town for its use in developing public parkland.
2. No credit towards required parkland dedication is given for 404 wetlands or other lands mandated for preservation by federal or state requirements.
3. No more than 25 percent of the total dedication requirement may be met through dedication of water areas.
B. Procedure for Dedication or Payment.
1. The developer shall identify land proposed for dedication on the preliminary plat, or propose payment of an in-lieu fee as part of the application for approval of a preliminary plat.
2. The Board of Commissioners shall review the proposed application and determine if it complies with the standards in Section 6.7.2.C, Nature of Area to be Dedicated, or Section 6.3, Fee-in-Lieu, as appropriate. The decision to accept dedication or payment-in-lieu is up to the sole discretion of the Board of Commissioners.
3. Land shall be dedicated prior to recording the first final plat for the subdivision, or the payment-in-lieu shall be paid prior to recording the first final plat for the subdivision for which the payment-in-lieu is paid.
C. Nature of Area to be Dedicated. All lands proposed for dedication as recreation and park areas shall meet the following standards:
1. Unity. The dedicated land shall be a single parcel of land, whether the subdivision is developed in phases or sections, except where it is determined by the BOC that multiple parcels would better serve Town residents.
2. Usability. Public parkland must be flat, well-drained, usable land for a park, as determined by the BOC. In cases where dedication includes an area of water, public access to all portions of a water feature shall be provided and maintained, regardless of water feature's size.
3. Shape. The dedicated land shall be of a shape that supports gathering and recreation activities.
4. Location.
a. The dedicated parkland shall be located so it can reasonably serve the park needs of the residents of the subdivision and immediate area.
b. The BOC may require that the land dedicated be located on the periphery of the development in order to allow enlargement by combining the recreation and park area with adjacent development or park facilities, existing or planned.
5. Access.
a. All dwelling units in the subdivision and residents in the immediate area shall have access to and from the parkland provided by means of streets and public walkways or trails.
b. Rights-of-way for this access shall be shown on the preliminary and final plats.
c. All dedicated lands shall have access by way of a street. Such access can be provided when the dedicated land is adjacent to existing or proposed public parkland with street access.
(Ord. 2020-36, passed 12-2-2019)