Purpose: Parks and open space provide a valuable asset to the urban form of the City, its historical development, and the general welfare of its residents. It is the intent of this section that parks and open space should provide focal points for new communities. A central square or green, for example, may comprise a majority of the area required for dedication. The standards of this article ensure that all designated parks and/or open space has suitable size, location, dimension, topography and general character, and proper road and/or pedestrian access.
This section implements the following Master Plan recommendations:
A.
Encourage the protection of wildlife habitats through improved land use regulations (Conservation Element).
B.
Ensure that an adequate amount of open space is set aside for the enjoyment of citizens, as a relief from the built environment, and as wildlife habitat (Conservation Element).
C.
Require developers to set aside adequate amounts of accessible and usable recreational land within subdivisions and on large nonresidential tracts, where advisable, through the subdivision and site plan approval processes (Conservation Element).
A. 
This section shall apply to any application for subdivision plan or site plan approval encompassing at least 10 acres, unless exempt pursuant to Subsection C below.
B. 
The location and extent of parks and/or open space shall be indicated on any design review or concept plan.
C. 
This section does not apply to any subdivision not exceeding three lots, and where the parent parcel is not under common ownership with an abutting parcel that can be subdivided.
A. 
Required open space, parks or civic space shall be reserved at a ratio of 700 square feet per dwelling unit for residential zoning districts, or that portion of mixed use development containing dwelling units.
B. 
In order to ensure that spaces required by this action are accessible and provide value to the subdivision residents, required open space, parks or civic space shall:
(1) 
Have direct access to a public street or to a private street maintained by a homeowners' association or condominium association; and
(2) 
Include at least 40 feet of frontage on a public or private street; and
(3) 
For passive open space, shall include trails, park benches, and similar facilities needed for common access; and
(4) 
For active open space, shall include playground equipment, golf courses, bicycle trails, baseball or softball fields, football or soccer fields, basketball courts, tennis courts, picnic areas, playgrounds, or landscaped sitting areas; and
(5) 
For passive open space, shall include resource-based recreation facilities such as boating, fishing, camping, enhancement areas, nature trails, nature study, or trails.
C. 
The Planning Board may approve lots that do not conform to the dimensional standards of the zoning regulations exclusively for conservation purposes. See § 190-166.
A. 
Generally. Land designated as a park or open space shall be maintained as a park or open space and may not be separately sold, subdivided, or developed except as provided below. Natural areas, greenways or greenbelts shall not be cleared except as needed to provide trails as permitted by § 190-208, Table 208-1. Areas designated as common open space shall not be subdivided, but shall be shown as a "park" or "open space" on a plan or a site plan. Common open space areas may be owned, preserved, and maintained by any of the mechanisms described in Subsections C through H below, or combinations thereof. The instruments creating the dedication, homeowners association, condominium association, easement, transfer, or improvement district shall be provided with the application for subdivision plan approval.
B. 
Common open space plan. A common open space plan shall be submitted as a part of the application for development approval including the project phasing schedule. This plan shall designate and indicate the boundaries of all proposed parks or open space required by this section. The plan shall designate areas to be reserved as a park or open space.
(1) 
Designate the type of park or open space which will be provided.
(2) 
Specify the manner in which the park or open space shall be perpetuated, maintained, and administered.
C. 
Dedication of land to City. Dedication of the park or open space to the City shall satisfy the requirements of this subsection. Dedication shall take the form of a fee simple ownership. The City shall accept undivided parks and/or open space, provided that:
(1) 
Such land is accessible to the residents of the City; and
(2) 
There is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance.
D. 
Homeowners' association.
(1) 
Common ownership of the parks and/or open space may be assumed by a permanent homeowners' association that accepts full responsibility for its maintenance. The restrictive covenants shall provide that, in the event that any private owner of parks and/or open space fails to maintain same according to the standards of this chapter, the Board of Aldermen may, following reasonable notice and demand that deficiency of maintenance be corrected, enter the parks and/or open space to maintain same. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the parks and/or open space. The association shall be formed and operated under the following provisions:
(a) 
The developer shall provide a description of the association, including its bylaws and methods for maintaining the parks and/or open space.
(b) 
The association shall be organized by the developer and shall be operated with a financial subsidy from the developer, before the sale of any lots within the development.
(c) 
Membership in the association shall be automatic (mandatory) for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified.
(d) 
The association shall be responsible for maintenance of insurance and taxes on undivided parks and/or open space. The homeowners' association shall be authorized under its bylaws to place liens on the property of residents who fall delinquent in payment of such dues or assessments. Such liens may require the imposition of penalty interest charges. Should any bill or bills for maintenance of undivided parks and/or open space by the City be unpaid by November 1 of each year, a late fee of 15% shall be added to such bills and a lien shall be filed against the premises in the same manner as other municipal claims.
(e) 
A proposed operations budget and plan for long-term capital repair and replacement of the parks or open space shall be submitted with the conditional plan. The members of the association shall share the costs of maintaining and developing such undivided parks and/or open space. Shares shall be defined within the association bylaws. The operations and budget plan shall provide for construction of any improvements relating to the parks and/or open space within three years following recordation of the plan.
(f) 
In the event of a proposed transfer, within the methods here permitted, of undivided parks and/or open space land by the homeowners' association, notice of such action shall be given to all property owners within the development.
(g) 
The association shall have or hire staff to administer common facilities and properly and continually maintain the undivided parks and/or open space.
(2) 
The homeowners' association may lease parks and/or open space lands to any other qualified person, or corporation, for operation and maintenance of park and/or open space lands, but such a lease agreement shall provide: 1) that the residents of the development shall at all times have access to the park and/or open space lands contained therein; 2) that the undivided parks and/or open space to be leased shall be maintained for the purposes set forth in this chapter; and 3) that the operation of parks and/or open space facilities may be for the benefit of the residents only, or may be open to the residents of the City, at the election of the developer and/or homeowners' association, as the case may be. The lease shall be subject to the approval of the Board and any transfer or assignment of the lease shall be further subject to the approval of the Board. Lease agreements so entered upon shall be recorded with the Recorder of Deeds within 30 days of their execution and a copy of the recorded lease shall be filed with the City.
(3) 
Failure to adequately maintain the undivided parks and/or open space in reasonable order and condition constitutes a violation of this chapter. The City is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any violation, directly the owner to remedy the same within 30 days.
E. 
Condominiums. The undivided parks and/or open space and associated facilities may be controlled through the use of permanent condominium agreements, approved by the City. Such agreements shall be in conformance with the RSA Chapter 356. All undivided parks and/or open space land shall be held as a "common element." A proposed operations budget and plan for long term capital repair and replacement shall be submitted with the application for development approval.
F. 
Dedication of easements. The City may, but shall not be required to, accept easements for public use of any portion or portions of undivided parks and/or open space land, title of which is to remain in ownership by condominium or homeowners' association, provided that: 1) such land is accessible to City residents; 2) there is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance; and 3) a satisfactory maintenance agreement is reached between the developer, condominium or homeowners' association, and the City. Land dedicated as a natural area, greenway, or greenbelt shall be subject to a duly executed conservation restriction meeting the requirements of and enforceable in accordance with RSA 477:45, which easement shall be unlimited in duration.
G. 
Transfer of easements to a private conservation organization. An owner may transfer perpetual easements to a private, nonprofit organization, among whose purposes it is to conserve parks and/or open space and/or natural resources (such as a land conservancy), provided that:
(1) 
The organization is a bona fide conservation organization with perpetual existence;
(2) 
The organization is financially capable of maintaining such parks and/or open space;
(3) 
The conveyance contains legally enforceable provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions;
(4) 
The organization shall provide a proposed operations budget and plan for long term capital repair and replacement; and
(5) 
A maintenance agreement is entered into by the developer and the organization.
H. 
Improvement districts. A special assessment district adopted pursuant to RSA 49-C:25 et seq.