§ 24-134. Mandatory dedication of parkland.

(a)

In all residential subdivisions, except as provided in paragraphs (2), (3), and (4) of this Subsection, the Planning Board shall require the platting and conveyance to the Commission or to a municipality located within the Regional District but not within the Maryland-Washington Metropolitan District, upon request of such municipality, of suitable and adequate land for active or passive recreation, or the payment of a monetary fee in lieu thereof, or the provision of recreational facilities as otherwise provided by this Division.

(1)

Amount of Land Required. The amount of land in a subdivision to be dedicated shall be: five percent (5%) of any land on which a density of one (1) to four (4) dwelling units per net acre is permissible; seven and one-half percent (7.5%) of any land on which a density of four (4) to seven and one-half (7.5) dwelling units per net acre is permissible; ten percent (10%) of any land on which a density of seven and one-half (7.5) to twelve (12) dwelling units per net acre is permissible; and fifteen percent (15%) of any land on which a density exceeding twelve (12) dwelling units per net acre is permissible.

(2)

Specific Exemptions. The Planning Board may exempt from mandatory dedication requirements any subdivision developed under cluster, Comprehensive Design, urban renewal, optional residential design approach, townhouse, or recreational community development provisions, provided that the Planning Board determines that the provisions of Section 24-135 have been satisfied.

(3)

Other Exemptions. Mandatory dedication shall not apply to:

(A)

Any lot that was legally created by deed prior to April 24, 1970;

(B)

Any lot being created by the subdivision in a one-family zone, that has a net lot area of one (1) acre or more;

(C)

Any lot being created by the subdivision upon which a dwelling legally exists at the time of subdivision;

(D)

Any resubdivision of property on which land was previously dedicated or fee in lieu paid. The applicant shall be credited to the extent that land dedication or fees would otherwise be required upon such resubdivision.

(E)

Any development comprised of lands zoned Residential, R-M, and M-X-T, for which there is an approved single Conceptual Site Plan applicable to all of the properties.

(4)

When land is shown for preservation as part of a stream valley park on an official master plan, such land may be dedicated or preserved in lieu of active recreation, provided that the Planning Board finds that there is a reasonable amount of active recreation in the general area and that any trails shown on the master plan are provided.

(5)

Where on-site detention and/or retention ponds are provided, the Planning Board may credit such area towards mandatory dedication, regardless of ownership, provided that the Planning Board determines that such area will provide active or passive recreation due to specific access provisions, recreational facilities, or visual amenity. The Planning Board must be satisfied that appropriate maintenance agreements have been, or will be, made.

(CB-48-1981; CB-45-1997)