§ 24-135. Fee in lieu and recreational facilities.

(a)

Fee in Lieu. The Planning Board may require the payment of a fee in lieu of dedication equal to five percent (5%) of the total new market value of the land as stated on the final assessment notice issued by the State Department of Assessments and Taxation when it finds that dedication of parkland is unsuitable or impractical due to size, topography, drainage, physical characteristics, or similar reasons, or if adequate open space has been acquired and is available to serve the subdivision. The fee shall be paid prior to recording the subdivision and shall be used by the Commission to purchase or improve parkland for the benefit of the future residents. Preliminary plans approved prior to the effective date of this legislation shall not be subject to this change.

(b)

Recreational Facilities. Recreational facilities may be provided instead of land or fees in any residential zone, provided that a plan for such recreational facilities is approved by the Planning Board after determining that:

(1)

Such facilities will be superior, or equivalent, to those that would have been provided under the provisions of mandatory dedication;

(2)

The facilities will be properly developed and maintained to the benefit of future residents through covenants, a recreational facilities agreement, or other appropriate means, that such instrument is legally binding upon the subdivider and his heirs, successors, and assigns, and that such instrument is enforceable, including enforcement by the Planning Board; and

(3)

No permit for construction or occupancy of dwellings will be issued unless the Planning Board is satisfied that the facilities have been, or will be, provided at the appropriate state of development.

(c)

The provisions of this Section shall not apply to 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.

(CB-48-1981; CB-93-1991; CB-45-1997)