[Added 10-11-2011 by Ord. No. 2011-05]
[Amended 10-9-2018 by Ord. No. 2018-08]
In this article, the following terms have the meanings indicated:
Land area within the subdivision which is undeveloped or
developed for recreational purposes and is either dedicated to the
Town or is owned in common among the residents.
Those open space areas which are designed for active leisure
pursuits by providing amenities such as athletic fields or courts,
athletic equipment, tot lots, playgrounds or other similar amenities
or as further defined within the Comprehensive Plan.
Those open space areas that are designated for public access
with the primary purpose of recreating in open, preserved or minimally
disturbed natural areas. Such areas may include natural and paved
pedestrian or bike trails, picnic pavilions, nature observation facilities,
boardwalks, benches or other similar amenities or as further defined
within the Comprehensive Plan.
A.
The provisions of this article shall be applicable to the development
of all property which:
[Amended 10-9-2018 by Ord. No. 2018-08]
B.
The provisions of this article shall also be applicable to the subdivision
and development of all property which is zoned, in whole or in part,
in the Open Space (OS) District.
[Amended 10-9-2018 by Ord. No. 2018-08]
A.
"Net tract area," as applied in this article, shall mean that portion
of property being developed less that portion of the property which,
as part of the subdivision process, is or will be designated and used
for stormwater management facilities, public streets, public utility
easements or other public or private infrastructure, or which are
designated wetlands or steep slopes.
B.
At least 10% of the net tract area of property being developed shall
be reserved for open space purposes, for active recreational uses,
public parks or playgrounds, for passive recreational uses, or for
any combination thereof. Any portion of the property being developed
which is designated as open space under the control of a homeowners'
association or the Town which is reserved open space or designated
on the preliminary subdivision plat as an active or passive recreational
area may be credited toward the required open space requirement. Projects
less than 10 acres in net tract area shall be exempt from this requirement.
[Amended 10-9-2018 by Ord. No. 2018-08]
B.
All recreation areas shall be directly accessible either by way of a public sidewalk or by way of paved or natural surface trail which connects the recreation area to a public street. When direct access is not available, practical, or would contravene any other provision within Chapter 130, an easement granting access or maintenance to the Town shall be recorded and be deemed suffiecient to fulfill the requirements set forth in this section.
A.
The Planning Commission may require improvements to be made to the dedicated recreational and open space areas and shall follow the procedures and provisions set forth in Articles III and VI of this chapter. Improvements for the reserved areas may also include such amenities as may be identified in the Comprehensive Plan.
[Amended 10-9-2018 by Ord. No. 2018-08]
B.
The developer or owner may be required to post such security in the form of bonds, letters of credit or other guarantees as required by the Town to secure the successful completion of the required improvements as set forth in § 130-17 of this chapter. The amount of the security shall be based upon cost estimates as may be recommended by the Town Engineer and approved by the Mayor and Council.
C.
Upon completion of the improvements, the Town Engineer shall perform
an inspection as to the adequacy, completeness and quality of the
improvements. The Town Engineer shall prepare and file a report with
the Mayor and Council setting forth the findings of the inspection.
When it has been determined by the Town that the improvements have
been satisfactorily completed, the Mayor and Council may authorize
the reduction or release of the bond, letter of credit or other security;
provided, however, that no release or reduction in the security shall
occur until building permits shall have been issued for at least 75%
of the lots in the subdivision. The release or reduction of the security
shall not constitute an acceptance by the Town of the dedication of
the improvements, nor shall it constitute a warranty or other guarantee
by the Town with regard to the quality of the improvements.
[Amended 10-9-2018 by Ord. No. 2018-08]
D.
The Mayor and Council may require such public works agreements, easements,
and maintenance, rights and responsibilities agreements as may be
deemed necessary and may require the dedication of all or part of
the reserved areas and the improvements to the Town for public use.
The Town may require that the developer or any succeeding community
or homeowners' association be responsible for the repair and
maintenance of the improvements and that failure to do so will authorize
the Town to undertake such repairs or maintenance and recover the
expense of doing so from the association or the owners of property
in the subdivision. Such costs may be collected in the same manner
as taxes and shall constitute a lien, to the extent of each property's
pro rata share, on the properties in the subdivision.
A.
In the event that the development of the property is undertaken in
phases and that there will be more than one area of dedicated open
space in all phased portions of the entire subdivision, then the Planning
Commission may authorize the phasing of the completion of the open
space requirements as set forth herein. In any phasing schedule, the
open space reserved areas, and the improvements thereon, shall be
completed in that portion of the property which is most proximate
in distance to the lots which will be served by that area.
B.
The improvements in the open space areas shall be completed as building
permits are issued in accordance with the following schedule:
[Amended 10-9-2018 by Ord. No. 2018-08]
|
Percentage of Building Permits Issued for Entire Development
Project
|
Percentage of Open Space Improvements Required to be Completed
| |
|---|---|---|
|
25%
|
50%
| |
|
50%
|
75%
| |
|
75%
|
100%
|
