A.
Applicability. The provisions in this section shall apply to all residential subdivisions and development plans except those in the planned community districts.
B.
C.
Small developments.
(1)
A development plan resulting in the creation five or fewer residential lots shall not be required to dedicate land or make a cash payment in lieu of dedication.
D.
Land dedications.
(1)
Each dedication shall be usable open space that is of suitable size, dimension, topography, and general character. Land is considered usable open space if it meets the following criteria:
(a)
It is not encumbered with any substantial structure;
(b)
It is not devoted to use as a roadway, parking area, or sidewalk; and
(c)
It is left in one of the following states at the time of development:
[1]
If wooded, it is left in its natural, undisturbed state, except for the cutting of trails for walking, jogging, or biking;
[2]
If not wooded, it is landscaped for ball fields, picnic areas, or similar facilities, or is properly vetted and landscaped with the objective of creating a wooded area. Landscaping materials shall be native plantings, examples of which can be found in Native Plants for Delaware Landscapes published by the University of Delaware, College of Agriculture and Natural Resources;
[3]
It is capable of being used and enjoyed for purposes of active and passive recreation;
[4]
It is legally and practically accessible to the residents of the development out of which the required open space is taken; and
[5]
No more than 25% of the land lies within a floodplain or floodway.
(2)
The dedicated area shall be shown and marked on the record plat "Dedicated for Park and Recreation Purposes."
E.
Cash in lieu of land dedication.
(1)
When land to be dedicated is either insufficient to satisfy the requirements or not suitable for open space or recreation uses, a cash payment shall be made in lieu of land dedication.
(2)
Cash payment in lieu of land dedication shall be calculated as follows:
(a)
The total amount of cash in lieu of recreation and open space shall be equivalent to the appraised pre-improvement value of the land area required; and
(b)
The appraised pre-improvement value shall be based upon an appraisal of the subject property completed at the applicant's expense within six months prior to the date of request for consideration of cash in lieu of recreation area.
(c)
If the Town and the applicant do not agree on the land value estimate established by the appraisal, a new appraisal shall be performed by an independent third-party professional real estate appraiser at the applicant's expense. This appraisal shall be awarded on a competitive bid basis to the qualified, certified appraiser that submits the lowest bid. The Town shall manage the bid process.
(3)
The funds collected pursuant to this subsection shall be placed in a separate account earmarked for recreation and open space development.