[Amended 12-12-1989 by Ord. No. 89-009; 4-10-2007 by Ord. No. 2007-001]
A. Definitions. For purposes of this §
162-36, the following terms shall have the meanings set forth herein:
ACTIVE OPEN SPACE
Areas with a grade variance of less than 4% and which areas
are open, dry, and unencumbered, and are otherwise suitable for building
or facility development that supports interactive play or gatherings
of 10 or more individuals. "Active open space" does not include environmentally
constrained areas.
ENVIRONMENTALLY CONSTRAINED AREA
Areas that:
(1)
May not be developed because of existing sensitive
areas, which include, but may not be limited to, critical area buffers,
forest and stream buffers, forest conservation easements, wildlife
habitats, floodplains and wetlands; or
(2)
Contain stormwater management facilities.
PASSIVE OPEN SPACE
Gently sloped open or sparsely wooded areas with a grade
variance of less than 10%, suitable for noninteractive recreational
uses, including, but not limited to, walking, picnicking, or sitting.
"Passive open space" does not include environmentally constrained
areas.
PERSON
This term shall have the meaning set forth in § 166-35
of the Code.
RECREATIONAL OR OPEN SPACE
An area of land or water set aside, dedicated, designed or reserved on a nonexclusive basis for the use and enjoyment of owners and occupants of land in the subdivision in which such land or water is located, and persons lawfully visiting thereat. For purposes of this §
162-36, the term "subdivision" shall include those lots and subdivisions included in the general requirement of this §
162-36 by application of § 163-36B hereof.
B. General requirement. All major subdivisions shall
include accessible recreational or open space, as determined in the
reasonable discretion of the County, equal to at least 5% of the gross
area of the subdivision, with the minimum area and parcel size being
not less than 3/4 of an acre. At least 75% of such recreational or
open space shall be of a character suitable for active open space,
with the balance suitable for passive open space.
C. All required recreational and open space shall be offered for public dedication. The subdivider shall make appropriate arrangements for the maintenance of such recreational and open space areas until such time as the dedication, if any, is formally accepted. If the dedication has not been accepted prior to the construction of homes on at least 50% of the lots within the subdivision, title to the required recreational and open space shall be vested in the name of any homeowners' association or similar organization or, if none shall exist with respect to the subdivision, to the lot owners in common, or to the subdivider. Irrespective of how title to such recreational or open space is held, such recreational or open space shall be restricted to recreational and open space purposes, and the subdivider shall insure that appropriate covenants, restrictions, and/or easements, as directed by the County, shall be reflected in deeds and other relevant and appropriate documents and entered into the land records of Caroline County to restrict the use of such recreational or open space accordingly, in perpetuity. Nothing in this §
162-36 shall be construed to require the County to accept any proposed dedication of recreational or open space, or to require the County to maintain any such recreational or open space.
D. The Caroline County Planning Commission may require
the dedication or reservation of a reasonable recreational and open
space area beyond the minimum requirements set forth herein, based
on the character of the site, the surrounding area, or the nature
of the proposed development, as may be allowed under applicable federal,
state, and local law.
E. With the concurrence of the subdivider, the County
may accept a fee in lieu of the dedication of the required recreational
and open space on the following terms and conditions:
(1) The fee in lieu of price shall be determined by the
County by multiplying the total number of lots to be included within
the proposed subdivision by an amount equal to the agricultural easement
value per acre established by the easement acquisition cycle statistics
for the most recent fiscal year for the Maryland Agricultural Land
Preservation Easement Acquisition Program.
(2) The required payment shall be paid to the County in
cash or certified funds prior to the final subdivision plat approval.
(3) The County shall utilize such funds on projects which
may reasonably be expected to benefit the residents, but not necessarily
exclusively such residents, of the subdivision for which the fee-in-lieu-of
is paid; including regional or area-based recreational and/or open
space projects.
(4) If the County and subdivider agree, the subdivider may provide to the County in-kind services and/or products at least equal in dollar value to the required fee established in accordance with this §
162-36E at a site determined by the County. Any dollar difference in the required fee and the agreed upon value of the in-kind service or products shall be paid to the County forthwith upon such determination, unless otherwise agreed by the County at its discretion.
(5) If the County and subdivider agree, the subdivider
may set aside a portion of the land area required hereunder for recreational
and open space and pay a fee in lieu of a portion of the required
land area.
(6) Nothing in this §
162-36E shall be construed as requiring the County to accept a fee in lieu of recreational or open space or as permitting the County to demand a fee in lieu of required recreational or open space.
[Added 12-12-1989 by Ord. No. 89-009]
A. Any subdivision in the A, Agricultural District, or
R, Rural District, shall be designed and the lots located on the property
in a way that preserves the agricultural integrity of the remainder
of the property and is compatible with existing and future farming
operations in the area. The subdivision shall be adequately buffered
from farming operations by distance, vegetation or other appropriate
means.
B. Any subdivision in the A, Agricultural District, or
R, Rural District, shall have recorded in the land records of Caroline
County a covenant that states that the property is in an agricultural
area and that the owner or future owners shall have no basis for recourse
against the effects of any normal farming operations as permitted
in these districts and which are conducted in accordance with good
husbandry practices, including but not limited to noise, odor, vibration,
fumes, dust or glare. This covenant shall conform to language specified
by the Planning Commission.