Public Improvements shall be conveyed to the Town by warranty deed. Approval and acceptance of a final subdivision or land development shall be deemed to be acceptance of any street or public areas offered therein for dedication, but shall not impose any duty upon the Town to maintain or improve such dedicated areas until the Town Council shall have authorized maintenance or improvements of the same in accordance with these Regulations, the Town Charter, and other local provisions governing public expenditures for such purposes.
A. 
Dedication Required. Every application subject to these Regulations shall dedicate land, pay a fee, or do both, for the purpose of providing open space, and park and recreational facilities, to serve the immediate needs of present and future residents of the proposed development. Land dedication or fees are considered a condition of the preliminary plat approval. Land so deeded and dedicated shall not be subject to any reservations of record, encumbrances of any kind, or easements that will hinder the use of the land for its intended purpose. If any questions exist as to the presence of any reservations, encumbrances, or easements, the Commission may require the applicant to present a title insurance policy insuring the marketable state of the property to be dedicated.
B. 
Amount Required. The density of the proposed development shall determine the amount of land required for dedication. Employing 3.75 persons per unit as a standard from the Comprehensive Plan, the resident population shall be determined by multiplying the maximum number of units allowed by the standard of persons per unit. The result will be the total anticipated population for the land being subdivided and developed. This figure will be multiplied by the constant of .01 to determine the amount of acreage to be dedicated or to be used to determine the fee to be paid in lieu thereof. The formula is expressed as follows:
(maximum units) x 3.75 persons/unit x .01 acres/person = amount of land to be dedicated
C. 
Ownership. The land required may be conveyed to the Town or to a private homeowner's association which holds the land in common ownership by all owners within the plat. The preliminary plat shall be accompanied by all documents and agreements showing the proposed ownership, methods of maintenance and utilization of the dedicated land.
D. 
Standards. The land required shall have minimum area as determined by the Planning Commission for the uses proposed. The Commission may require that the land be located at a suitable place within the development or on the edge so that additional land may be added at such time the adjacent land is subdivided. The provisions of this Section are minimum standards. The applicant can provide private land for recreational or open space in addition to the requirements of this Section. The following factors shall be considered for land dedication:
1. 
The topography, geology, access and location of the proposed dedication.
2. 
The size and shape of the proposed dedication.
3. 
The feasibility of dedication.
4. 
The availability of previously acquired property.
5. 
The dedication's compatibility with the Comprehensive Plan.
6. 
The desirability of the land for park, open space, or recreation use.
E. 
Fee-In-Lieu Of. The Planning Commission may require in place of dedication of land a cash contribution or combination of land and cash. The amount of such fee shall be based upon the fair market value of the amount of undeveloped land which would otherwise be required to be dedicated. Fair Market Value of the land shall be established by the Charlestown Tax Assessor at the time of final plan review. Fair market value of the land shall be established assuming subdivision approval has been granted and review of recent sales of comparable vacant undeveloped land within the Town and neighboring Towns. The amount of such fee shall be determined by the following formula:
Fee-in-lieu of
land dedication
=
Fair Market value per acre
of undeveloped land
X
Amount of
land to be dedicated
1. 
If the applicant objects to the amount of such evaluation, the Commission may, at the applicant's expense, obtain an additional appraisal by a qualified real estate appraiser.
F. 
Procedure. The Planning Commission shall determine, as part of the preliminary approval, whether to require a dedication of land, require a payment of a fee-in-lieu thereof, or a combination of both. The choice shall be indicated on the approved preliminary plan. The determination of the Commission shall be based upon the following considerations.
1. 
The present availability of types and future need for open space or park and recreation facilities in the area of the development, and the fiscal ability of the Town to provide and maintain such facilities.
2. 
The preservation of significant natural features.
G. 
Use of Fees Collected. Fees-in-lieu of land dedication shall be held by the Town Treasurer in a restricted account for recreation and open space activities only. Such account shall be used to purchase, maintain, and operate parks, playgrounds, recreational facilities, and open space areas to be used by the approved developments for which the fees were collected. Such account may not be used for other governmental purposes. A proportionate share may be used for capital improvements at existing recreational or open space areas demonstrated to be used by the approved subdivision.
H. 
Improvements. Any land or portion of land to be dedicated for recreational purposes shall be required to be graded, and finished for the use approved by the Planning Commission. Recreational improvements shall be held to the standards of Sections 11 and 12 dealing with physical design standards and construction specifications. The land received by the Town under these Regulations shall be used only for the purpose of providing parks, playgrounds, recreational facilities and open space.
I. 
Private Open Space. The Planning Commission may allow developments to provide the required open space or recreational areas in private ownership. The Commission may find it is in the public interest to do so, if the following standards are met:
1. 
That the minimum lot areas required by the Zoning Ordinance shall not include the private open space in their computation.
2. 
That the private ownership and maintenance of the open space be permanently provided for by written legal agreements and restricted to open space and/or park and recreational purposes by recorded covenants which run to the Town and to the owners of property within the tract. Such covenants shall not be released without consent of the Planning Commission.
3. 
That the proposed private open space is suitable for use as open space and/or park and recreational facilities taking into consideration such factors as size, shape, topography, wetlands, geology, historical or archaeological features, access and location. No more than five percent of private open space land shall be wetlands.