§ 50-149. Buffering, recreation and open space requirements.

(a)

Buffering. Whenever a residential subdivision is located adjacent to an office, institutional, commercial or industrial use which does not have a buffer, or property zoned for these uses, and a buffer is not required between these uses and the subdivision, the subdivider shall provide a buffer as determined by the planning board. The width of the buffer shall be in addition to the lot area required by chapter 66, pertaining to zoning requirements. The buffer shall become part of the lot on which it is located or in the case of commonly owned property, shall be deeded to the homeowners' association.

(b)

Recreation and open space. Every person who subdivides land for residential purposes shall be required to dedicate a portion of such land, as set forth in this article for the purposes of park, recreation and open space sites to serve the residents of the subdivision. The amount of land required to be dedicated by a subdivider shall be based on a formula. The actual amount of land to be dedicated shall be determined as follows: The minimum amount of land that shall be dedicated for recreation, parks or open space in all subdivisions shall be one-half acre for each subdivision or five percent of the gross acreage, whichever is greater. No parcels containing less than one-half acre shall be accepted. All land so dedicated shall have at least 20 feet of access upon a public street or walkway; and the size, shape, topography and subsoils of the dedicated land shall be such as to be usable for active recreation.

(c)

Suitability of land. Criteria for evaluating suitability of proposed recreation, parks and open space areas shall include, but are not limited to the following as determined by the planning board, in consultation with the town recreation councilmember:

(1)

Unity. The dedicated land shall be a single parcel except where it is determined that two or more parcels would be in the public interest. The planning board may require that parcels be connected and may require the dedication of a connecting path of up to 60 feet and in no case less than 30 feet in width in addition to the land required in subsection (b) of this section.

(2)

Location. The dedicated land shall be located so as to serve the recreation needs of the immediate neighborhood within the subdivision.

(3)

Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. Such easement may be required to be up to 60 feet in width and shall in no case be less than 30 feet in width.

(4)

Usability. The dedicated land shall be usable for active recreation (play areas, ballfields, tennis courts, or similar recreation uses). Lakes may not be included in computing amount of land to be dedicated unless acceptable to the planning board. If the planning board determines that active recreation needs are being met by other dedicated parcels or existing recreation facilities, land that is suitable for open space may be dedicated.

(5)

Adjustments authorized. The town council may, in cases of unusual or exceptional nature, allow adjustments in the dedication requirements established in or required by this article. Such adjustments shall be reviewed by the planning board before action by the town council.

(6)

Easements. Conservation and historic preservation easements shall comply with G.S. 121-34—121-42. All facilities and improvements and open spaces which the owner makes an offer of dedication to public use shall be maintained by the owner until such offer of dedication is accepted by the appropriate public authority.

(Code 2003, § 22-148; Ord. of 9-21-1995, § 407; Ord. No. 14-21, § 2, 12-18-2014)