(a) Scope. This section does not apply to an agricultural preservation subdivision or to a subdivision located in an RA District.
(b) Required open space generally. Unless the Planning and Zoning Officer grants a modification to allow a reduction in the amount of required open space, a minimum of 30% of the gross area of a residential site, excluding the area of transmission line easements, shall be dedicated permanently as open space for the use of the residents in the subdivision. The recreation area requirements of subsection (c) and wetlands and their buffers shall be located in required open space.
(c) Required recreation area generally. Unless the Planning and Zoning Officer under subsection (g) requires the developer to pay a fee in lieu of recreation area, a single-family detached, townhouse, semi-detached, or duplex subdivision that provides open space under subsection (b) shall have at least 1,000 square feet of recreation area for each dwelling unit. A multifamily subdivision that provides open space under subsection (b) shall dedicate and use 20% of the gross area of the site as recreation area. At least 50% of the required recreation area shall be reserved for active recreation, such as shared-use paths, tennis courts, swimming and boating areas, playgrounds, and playfields. The remainder of the recreation area may be passive recreation area and may be encumbered by forest conservation easements that permit minimal disturbance for trails, stormwater management areas, or environmentally sensitive areas.
(d) Open area and required recreation area for certain multifamily dwellings. A multifamily dwelling that has not provided an open space lot under subsection (b) shall have 45% of the gross area of the site as open area and 20% of the gross area of the site as recreation area. At least 50% of the required recreation area shall be reserved for active recreation, such as shared-use paths, tennis courts, swimming and boating areas, playgrounds, and playfields.
(e) Characteristics of recreation area generally. Recreation area shall be designed to demonstrate ADA accessibility to the maximum extent practicable, and may not include parking lot islands, transmission line easements, or strips with a width of less than 20 feet, other than shared-use paths.
(f) Conveyance or dedication. At the discretion of the County and to the full extent allowed by law, the County may require a developer to convey fee simple title of open space to the County without charge. Alternatively, if the property is adjacent to an existing State park and the State agrees to accept title, the County may require conveyance of open space to the State. If open space is not conveyed to the County or the State, a developer shall convey open space in fee simple to an incorporated homeowners association for the subdivision. Before recordation of the proposed record plat, the Office of Planning and Zoning and the Office of Law shall review and approve all documents deemed necessary to ensure that membership in the homeowners association is mandatory and automatic upon conveyance of title to any lot or unit in the subdivision and that the maintenance of open space owned by the homeowners association is guaranteed. The conveyance to the homeowners association shall be concurrent with the recording of the proposed record plat.
(g) Fee in lieu. The Planning and Zoning Officer may require a developer to pay a fee in lieu of establishment of recreation area if the Planning and Zoning Officer determines that land is not of significant quality or size for community purposes. The fees shall be used to provide public recreation areas and facilities in the County.
(h) Characteristics of active recreation area. Recreation area to be used for active recreation may not include wetlands or stream buffers, floodplains, forest conservation easements, stormwater management or drainage facility easements, inlets, outfalls, stormwater management credit areas, or slopes over five percent. Recreation area shall:
(1) be integrated into the subdivision design to create focal points along roads and at entrances;
(2) be square or rectangular in shape, to the extent practical, and suitable for recreation uses, such as tot lots, ball fields, and courts, or for recreation in formal parks and squares;
(3) have at least 20 feet of frontage on a public or private road;
(4) be centrally located among the lots it serves;
(5) be equitably distributed into two areas if the subdivision or site contains at least 50 residential lots or the site contains at least 50 residential units; and
(6) may include shared-use paths, which are not subject to the restrictions set forth in paragraphs (1) through (5) of this subsection.
(i) Characteristics of open space and open area. Open space and open area shall contain the active and passive recreation areas, environmentally sensitive areas, and stormwater management areas identified in the preliminary plan and sketch plan. These areas shall be incorporated into the site design to maximize views and accessibility from proposed dwelling units and public spaces. To the maximum extent practicable, open space and open area shall be located so as to augment land on adjacent property that has previously been identified as open space, open area, conservation or preservation areas, or that has been identified by the Office of Planning and Zoning as possible future open space, conservation or preservation areas. The developer shall integrate open space and open area into the site design to maximize environmental protections while creating quality community and public spaces.
(j) Design of bikeways and shared-use paths. Bikeways and shared-use paths shall be designed to be available for use by all lot or unit owners in the subdivision and in accordance with the Design Manual. Shared-use paths provided as active recreation area may only be considered as complying with all or part of the requirements of § 17-6-113 if the shared-use paths support the objectives of bicycle, pedestrian, and transit infrastructure and connectivity to existing, planned, or future offsite infrastructure, and if the shared-use paths are placed in a public easement or public right-of-way. (Bill No. 59-10; Bill No. 78-18)
