Where a proposed park, playground or open space shown on the Town Plan is located, in whole or in part, in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in § 163-41 below. Such area or areas shall be dedicated to the Town or county by the subdivider if the Town Board approves such dedication.
The Planning Board shall require that the plat
show sites of a character, extent and location suitable for the development
of a park, playground or other recreation purpose. The Planning Board
may require that the developer satisfactorily grade any such recreation
areas shown on the plat. The amount required by the Planning Board
may not be more than 10% of the total area of the subdivision. The
land shall be generally of a character similar to a cross section
of all land in the subdivision. Such area or areas shall be dedicated
to the Town by the subdivider if the Town Board approves such dedication.
If such dedication is not acceptable to the Town Board, the subdivider
shall propose an alternative mechanism for maintenance and ownership,
such as homeowners' association, condominium agreement, etc. Appropriate
legal measures shall be taken to assure that such land shall never
be developed for other than recreational purposes.
In the event that an area to be used for a park
or playground is required to be so shown, the subdivider shall submit,
prior to final approval, to the Board five prints, one on Mylar, drawn
in ink, showing, at a scale of not less than 30 feet to the inch,
such area and the following features thereof:
A.
The boundaries of said area, giving lengths and bearings
of all straight lines, radii, lengths, central angles and tangent
distances of all curves.
B.
Existing features, such as brooks, ponds, clusters
of trees, rock outcrops and structures.
C.
Existing and, if applicable, proposed changes in grade
and contours of said area and of the area immediately adjacent.
