A. Passive Recreation Uses . A common green area shall be a space usable for passive recreation such that the grading or surface is relatively flat through natural grades or improved grading to create the common green area. Maintaining existing mature trees is permitted as long as the greater percentage of common green area is open play space. B. Active Recreation Uses . Structures including a tot lot or play equipment, benches and picnic tables, gazebo, exercise equipment, sports courts, cornhole boards, dog parks, or other similar structures shall be integrated into a common green area and should be indicated on the preliminary subdivision.
i. Effective Date, Transition of Calculation & Payment of Recreation Payment-In-Lieu of Land Dedication
(1) Effective Date. Article J, Subdivision Regulations, §9-1462 Recreation Standards shall be effective upon adoption of the Land Development Ordinance, as updated March 1, 2021. The land dedication or recreation fee payment required in whole or part comes forward by reenactment of all or some of the provisions of the Subdivision Regulations and it is not the intention to repeal but rather to re-enact and continue enforcement without interruption, such existing provisions, so that all rights and liabilities that have occurred thereafter are reserved and may be enforced. (2) Existing Payment for Payment-In-Lieu of Land Dedication . For the payment of any recreation fees required by the original land dedication or recreation fee payment required prior to the Land Development Ordinance adoption and any amendments thereto, and that have not been paid by the property owner/developer for any subdivision or Master Plan whose final plat was submitted prior to the adoption of the Land Development Ordinance or any amendment thereto, those subdivisions shall continue to calculate the recreation fee, in-lieu of land dedication, using the amount reflected in the adopted fee schedule for that year, unless the Town Board of Commissioners lowers or raises the minimum and/or maximum amount of the fair market value per acre as prescribed in the Land Development Ordinance. For existing approved subdivisions as of the date of this amendment (March 1, 2021), the lesser of
A. the Payment-in-Lieu calculated under this section, or:
B. the amount determined by multiplying the number of dwelling units or lots by $1000 shall continue to be collected until the development is built-out.
(3) Recreation Fee Credit Agreement. Any applicable recreation fee credit agreements currently in place are still valid.
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