The purpose of this article is to provide an equitable and effective
development standard for securing adequate land for parks, playgrounds
and recreation purposes in new subdivision throughout the Town of
Mount Hope.
Where a proposed park, playground or open space shown on the
Master 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 below. Such area or areas may be dedicated
to the Town by the subdivider upon approval by the Town Board. While
the Master Plan may show only a general location of such proposed
site, the required reservation of land for recreation purposes must
be specifically located and designated on the subdivision plat.
A.
The Planning
Board shall require that the plat shows sites of a character, extent
and location suitable for the development of a park, playground or
other recreation purpose.
B.
The Planning
Board may require that the developer satisfactorily grade and seed
any such recreation areas shown on the plat.
A.
Prior to final approval by the Planning Board of major subdivisions
or multiunit developments (with or without streets or highways), the
subdivision plan shall provide a park or parks suitably located for
playground or other recreational purposes.
B.
The size of the required parkland shall be as outlined in § 210-51. In no event shall the Planning Board require more than 10% of the gross area of a proposed subdivision. The minimum area of contiguous open space acceptable in fulfillment of this requirement shall be generally three acres. However, in the case of subdivision of less than 30 acres, smaller recreation areas may be approved by the Planning Board whenever it deems it appropriate.
C.
Where a proposed park, playground or other permanent recreation area
is shown on the Master Plan to be located in whole or part in a proposed
subdivision, the Planning Board shall require that such area or areas
be shown on said subdivision plan.
D.
When permanent recreational areas are required, the subdivider shall
submit to the Planning Board a suitable plan at a scale of not less
than 20 feet to an inch, indicating:
(1)
The boundaries of said recreation area.
(2)
Existing physical features such as brooks, ponds, trees, rock outcrops,
structures, etc.
(3)
Existing, and, if applicable, proposed changes in grades of said
area and/or land immediately adjacent to said area.
(4)
All recreational improvements to be incorporated within the site.
E.
The Planning Board shall require execution and filing of a written
agreement between the applicant and the Town Board regarding costs
of grading, development, equipment and maintenance of said recreation
areas, as well as the conveyance of whatever rights and title deemed
necessary to insure that said premises will remain open for use by
residents of the Town of Mount Hope, The agreement shall be executed
before final approval is granted by the Planning Board.
If the Planning Board determines that a suitable park or parks of adequate size or location cannot be properly located or is otherwise not practical, the Board shall required as a condition of final approval of any major subdivision or multiunit development, a payment to the Town of Mount Hope of an amount as calculated in § 210-51. Such amount shall be available for use by the Town for neighborhood parks, playgrounds, or recreation purposes including acquisition of property. Such amount shall be held by the Town in a special Town Recreation Site Acquisition and Improvement Fund and applied to any one or more of the aforementioned recreation purposes.
A.
For every 25 dwelling units in a development, one acre of land or
its equivalent in money must be provided for by the developer.
B.
In the case where the Planning Board has determined that money in
lieu of parkland shall be accepted, final approval shall not be granted
to the development until the full amount of money is paid.
C.
The total amount to be paid for money in lieu of parkland shall be
determined by the Town Assessor. This shall be accomplished by the
Assessor determining the assessment of a subdivided acre of land,
or percentage thereof, in that general portion of the Town of Mount
Hope where the development is located.
No monies received by the Town in lieu of land shall be returned
to any subdivider or developer by reason of the nullification of his
approval for any reason nor shall any rights of title in land conveyed
to the Town as aforesaid be affected by the same.
The Planning Board shall, wherever possible, establish the preservation
of all natural features which add value to residential developments
and to the community, such as large trees or groves, watercourses
and waterfalls, beaches, historic spots, vistas and similar irreplaceable
assets.
A.
Natural terrain. Subdivision design shall preserve, insofar as possible,
the natural terrain and natural watercourse, improvements and drainage
area.
B.
Trees. A conscious effort shall be made to preserve all worthwhile
trees and shrubs which exist on the site. Such features may well be
suggested for park or playground areas. On individual lots or parcels,
care shall be taken to preserve selected trees to enhance the landscape
treatment of the development. No tree with a diameter of eight inches
or more as measured three feet above the base of the trunk shall be
removed without prior approval of the Planning Board.
C.
Soil. Natural fertility of the soil shall be preserved by disturbing
it as little as is possible, and no topsoil shall be removed from
the site.
D.
Watercourses. Open watercourses shall be recognized as community
assets. Subdivision design may well be enhanced by featuring streams
and brooks. Floodplain land, areas bordering on watercourses, drainageways
and other lands which can be used safely for building purposes without
danger to health or peril from flood may be offered to the Town as
a gift to be used as public open space or for recreational purposes.
E.
Lots. On a lot intended for single-family purposes, no more than
5,000 square feet shall be cleared for development purposes.
