§ 475-23. Parks, open spaces and natural features.

A. 

Recreation areas shown on Master Plan. Where a proposed park, playground or open space shown on the Master Plan is located in whole or in part in a subdivision, the Board may require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the municipality or county by the subdivider if the Municipal Board approves such dedication.

B. 

Parks and playgrounds not shown on Master Plan. The Planning Board may require the dedication or reservation of an area or areas for a park or parks, playground, open space or other recreational use. Such area or areas shall not be required to be more than 10% of the total subdivision area.

C. 

Waiver of reservation of areas. In cases where the Planning Board finds that due to the size, topography, or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein, or if in the opinion of the Board it is not desirable, the Board may waive the requirements that the plat show land for such purposes. The Board shall then require payment of a fee as established by the Municipal Board per subdivision lot in lieu of the dedication or reservation of areas or sites for the above uses.

D. 

Reserve strips prohibited. Reserve strips of land, which might be used to control access from the proposed subdivision to any neighboring property, or to any land within the subdivision itself, shall be prohibited.

E. 

Preservation of natural features.

(1) 

The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and waterfalls, beaches, historic spots, vistas and similar irreplaceable assets. No tree with a diameter of eight inches or more as measured three feet above the base of the trunk shall be removed unless such tree is within the right-of-way of a street as shown on the final subdivision plat. Removal of additional trees shall be subject to the approval of the Planning Board.

(2) 

In no case, however, shall a tree with a diameter of eight inches or more, as measured three feet above the base of the trunk, be removed without prior approval by the Planning Board.

F. 

Required trees.

(1) 

The subdivider shall provide a minimum of one street tree per 50 feet of lot frontage. Required trees shall be approved by the Planning Board and shall be compatible with subdivision development in terms of height, spread, longevity, root structure, nuisance characteristics, disease and pest resistance, and general hardiness. The following is a suggested list of appropriate trees:

	Flowering Crab	Red Maple
	Ginko	Honey Locust
	Linden	Sugar Maple
	Norway Maple	London Plane
	Oak

(2) 

Required trees shall measure a minimum of 1 1/2 inches in diameter, as measured three feet above the base of the trunk, and shall be located a minimum of five feet outside the right-of-way.

(3) 

Existing trees may serve as required trees by approval of the Planning Board.