In order to implement the parks and recreation plan for Indian Head, all residential subdivisions shall provide recreation opportunities, pay impact fees, or a combination thereof, according to the following subsections:
A. 
Subject to Subsection C, all residential developments in the Town shall provide, at a minimum (through dedication or preservation; see §§ 440-1303 and 440-1304), recreational areas in the form of neighborhood parks (as described in § 440-1301) in an amount equal to the standards set forth in Subsection B. Such recreational areas shall be provided in addition to the open space areas required by § 440-1302.
B. 
For purposes of this section, land area reserved or dedicated for neighborhood park areas shall be as follows: for one-bedroom dwelling units, 0.0025 acres; two-bedroom units, 0.005 acres; and units with three or more bedrooms, 0.0075 acres.
C. 
The Town Council may permit payment of an impact fee, dedication, reservation or a combination as set forth in Chapter 268, Article I, of the Town Code establishing a parks and recreation impact fee whenever the requirements in Subsections A and B cannot adequately meet the park and recreation responsibilities of the development or if the development is fewer than 30 homes or within 1,500 feet of another park or playground. The fee shall be on a per-dwelling-unit basis as established in Chapter 268, Article I, of the Town Code. The fee shall be listed with the annual schedule of fees for the Town and may change from time to time due to changes in fiscal impact. Fees will be collected upon application for a building permit. The fee shall be deposited only in a designated account with funds expended only for planned park and recreation facilities.
D. 
In the case of "large proposed developments," which are hereafter defined as any developments over 100 dwelling units, the Planning Commission may require a combination of improved park and recreational property and playgrounds, at the minimum rate of 0.015 acre per dwelling unit, and an impact fee in order to meet the planned Town open space and recreation objectives.
E. 
When park or recreational facilities approved for dedication are completed and accepted, a deed shall be conveyed to the Town of Indian Head, after which the supervision and maintenance shall be the responsibility of the Town. When park or recreational facilities are reserved, the developer shall establish conditions as to ownership, maintenance, and use of such areas as deemed necessary by the Planning Commission to ensure preservation of its intended purposes.
A. 
The purpose of the neighborhood park is to provide adequate active recreational facilities to serve the residents of the immediately surrounding neighborhood within the development. The following are illustrative of the types of facilities that shall be deemed to serve active recreational needs and therefore to count toward satisfaction of the neighborhood park requirements of this article: tennis courts, racquetball courts, swimming pools, sauna and exercise rooms, meeting or activity rooms within clubhouses, basketball courts, swings, slides, and play apparatus.
B. 
Each development shall satisfy its neighborhood park requirement by installing the types of recreational facilities that are most likely to be suited to and used by the age bracket of persons likely to reside in that development. However, unless it appears that fewer than 5% of the residents of any development are likely to be children under 12, then at least 15% of the neighborhood park must be satisfied by the construction of "tot lots" (i.e., areas equipped with imaginative play apparatus oriented to younger children as well as seating accommodations for parents).
C. 
Neighborhood parks shall be attractively landscaped and shall be provided with sufficient natural or man-made screening or buffer areas to minimize any negative impacts upon adjacent residences.
D. 
Each neighborhood park shall be centrally located and easily accessible so that it can be conveniently and safely reached and used by those persons in the surrounding neighborhood it is designed to serve.
E. 
Each neighborhood park shall be constructed on land that is relatively flat, dry, and capable of serving the purposes intended by this article.
"Common open space" (spaces designed and intended for the use and enjoyment of all residents of the development) may contain such complementary structures and improvements as are necessary and appropriate for the use, benefit and enjoyment of residents of the development. Common open space areas shall meet the following requirements:
A. 
Common open space areas shall:
(1) 
Be exclusive of tidal wetlands and road rights-of-ways/parking areas;
(2) 
Equal or exceed remaining percentages of the gross site area (maintenance of areas of productive farmland may serve to meet open space requirements); and
(3) 
Consist of not more than 60% of those areas designated as nontidal wetlands.
B. 
Common open space may serve recreational purposes, preserve significant site features, and preserve open space. The uses authorized shall be appropriate to the purposes intended to be served. Open space designed to serve recreational purposes shall be appropriate to the scale and character of the cluster development, considering its size, density, expected population, and the number and type of dwelling units proposed.
C. 
Common open space shall be suitably improved for its intended use, except that common open space containing natural features worthy of protection may be left unimproved. The buildings, structures, and improvements to be permitted in the common open space must be appropriate to the uses which are authorized for the common space.
A. 
Private ownership. If joint-use facilities are not dedicated to public use, they shall be protected by legal arrangements, satisfactory to the Planning Commission and Town Attorney, sufficient to assure their maintenance and preservation for whatever purpose they are intended. Covenants or other legal arrangements shall specify ownership of the open space, method of maintenance, maintenance taxes and insurance, compulsory membership and compulsory assessment provisions, and guarantees that any association formed to own and maintain open space will not be dissolved without the consent of the Planning Commission.
B. 
Open space. Unless the Planning Commission finds that the size, location, type of development, or cost of development or maintenance of such open space or the availability of public open space would make public use desirable and necessary, open space shall not be made available for the use of all residents of the Town. The Planning Commission generally will require dedication of all areas indicated for acquisition in the adopted recreation and parks plan.
A. 
The developer shall ensure that the common open space and improvements not dedicated and accepted for public ownership are maintained and cared for, and the developer shall provide for and establish an organization for the ownership, maintenance, and preservation of open space, which shall conform to the following standards and procedures:
B. 
The organization shall be established by the developer before sale or rental of dwelling units in the development and prior to final approval of the development plan by the Planning Commission.
(1) 
The financial and organizational structures, rules of membership, and methods of cost assessment of the organization shall be devised to ensure the successful fulfillment of the maintenance, preservation, and improvement responsibilities of the organization.
(2) 
All property owners within the cluster development shall be members of the organization responsible for maintenance, preservation, and improvement of common open space lands.
(3) 
Areas set aside to meet the open space requirements hereof shall be adequately described. Instruments in the form of deed restrictions and/or covenants shall be provided to ensure the purpose for which the open space is provided will be achieved. The instruments shall be approved by the Town Manager and Town Attorney prior to recordation among the Land Records of Charles County at the expense of the developer.
Prior to the issuance of a building permit, there shall be delivered, by the owner or developer, some form of surety acceptable to the Town in an amount as specified by the Town Manager, which shall be submitted with the site plan, as described in Chapter 387, Subdivision of Land, of the Code of the Town of Indian Head, which surety shall secure an agreement to construct such required physical improvements as identified in the proposed plan of development.
Homeowners' associations or similar legal entities that, pursuant to §§ 440-1303 and 440-1304, are responsible for the maintenance and control of common areas, including recreational facilities and open space, shall be established in such a manner that:
A. 
Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied;
B. 
The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities; and
C. 
The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities.
A. 
The requirements set forth in this article concerning the amount, size, location, and nature of recreational facilities and open space to be provided in connection with residential developments are established by the Town as standards that presumptively will result in the provision of that amount of recreational facilities and open space that is consistent with officially adopted Town plans. The Town recognizes, however, that due to the particular nature of a tract of land, the nature of the facilities proposed for installation, or other factors, the underlying objectives of this article may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the permit-issuing body is authorized to permit minor deviations from these standards whenever it determines that the objectives underlying these standards can be met without strict adherence to them; and, because of peculiarities in the developer's tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards.
B. 
Whenever the permit-issuing board authorizes some deviation from the standards set forth in this article pursuant to Subsection A, the official record of action taken on the development shall contain a statement of reasons for allowing the deviation.