§ 131-25. Land reservation and easements.

A. 

Parks and playgrounds.

(1) 

In subdivisions proposed for residential development, a park or parks suitably located for playgrounds or other recreational purposes may be required by the Planning Board. Park, playground or recreational land shall equal at least 10% of the area of the subdivision. The minimum area of any park shall be two acres, unless the proposed parkland is to serve as a contiguous addition to an existing park or unless a lesser area is approved by the Planning Board as appropriate for the park purposes intended. Land for a park or other recreational use shall be shown accurately, drawn to scale, on the subdivision plat and shall be of such size, location, shape, topography and general character as to be useful to satisfy the recreation purposes determined by the Planning Board. Any park shall be accessible from each lot in the subdivision by street or pedestrian easement. Proper provisions, approved by the Town Board, shall be made for permanent reservation, operation and maintenance of the park, including but not limited to one or more of the following:

(a) 

Establishment of a neighborhood association to own, operate and maintain the park.

(b) 

Conveyance to the Town of Carmel.

(c) 

Establishment of a special park district.

(d) 

Establishment of suitable restrictive covenants.

(2) 

Unless otherwise approved by the Town Board, the provisions for permanent reservation, operation and maintenance shall be completed or implemented prior to or simultaneously with filing of the plat with the County Clerk.

(3) 

Payment in lieu of reservation. If the Planning Board determines that a suitable park or other recreation facility of appropriate size, location, shape, topography or general character cannot be properly located in the subdivision or that the minimum park area of two acres equals more than 10% of the area of the subdivision or that the provision of a park in the subdivision will not be appropriate or is otherwise not practical, the subdivider shall pay to the Town a fee for each lot shown on the subdivision plat, which amount shall be determined annually by the Town Board and shall be on file in the office of the Town Clerk.

[Amended 11-26-1986]

(4) 

Alternate. In addition if a park has been provided in the subdivision but equals less than 10% of the area of the subdivision, the subdivider, in lieu of such full reservation, shall pay to the Town a fee times the number of lots by which the parkland reservation is less than 10% of the area of the subdivision. Said fee shall be established annually by the Town Board and shall be on file in the office of the Town Clerk.

[Amended 11-26-1986]

(5) 

The recording fee as outlined in this section shall be established annually by the Town Board and shall be on file in the office of the Town Clerk.

[Added 11-26-1986]

B. 

Easements for pedestrian access. The Planning Board may require perpetual unobstructed easements at least 20 feet wide in order to facilitate pedestrian access from streets to schools, parks, playgrounds or other nearby streets.

C. 

On final subdivision plats where a park or other recreation area is designated and not to be conveyed to the Town of Carmel, the following shall be endorsed:

"All conveyances to contain the following deed clause; Together with an undivided (fraction indicating one part of the total number of lots in the subdivision) interest in and to the area designated as park or recreation on said map."