§ 131-52 - Provision to be made for community open space.

§ 131-52 - Provision to be made for community open space.

  1. Where a proposed community park, playground or other open space shown on the Master Plan is located in whole or in part in a proposed subdivision, the Board shall require substantial compliance with such Master Plan.
  2. As a condition of approval of the final plat, the Board shall require that the area shown thereon as open space be offered for dedication or for sale to the town. The Board shall not require such in excess of fifteen percent (15%) of the total area of the subdivision. If the open space area does not front on a road, the Board may require that reasonable access be offered to the town. Reasonable compensation, confirmed by the Selectmen, will be provided, and the town will acquire the land within a period of one (1) year from the date of approval of the subdivision plat.
  3. If no such community open space, park or playground is shown on the Town Master Plan within the boundaries of a proposed subdivision, the Board may, where it deems essential, require that the plat show one (1) or more sites of character, size, shape and location suitable to be used by the future residents of the subdivision as open space or park, in an area not to exceed fifteen percent (15%) of the total area of the subdivision. The subdivider may of his own volition exceed the above area requirements. In the case of cluster subdivision or planned unit development, open space shall not be less in area than as provided in the Zoning chapter. Such areas of open space, whether privately or publicly owned, shall have a sufficient legal restriction recorded in the town land records to assure permanence of use as open space. Open space land in private ownership shall be deeded in such a way that will assure operation or maintenance of the land in an orderly manner suitable for the purpose intended. In making such a request, the Planning Board shall consider the impact on the existing community recreational facilities given the number and type of households in the proposed subdivision, the distance to existing recreational facilities and the suitability of the land for open space.
     
Provision to be made for community open space.

part number

131-52