2532                               Municipal Charters

(d)    The entire recreation area is for the use of all future residents
of the subdivision. However, at the subdivider's option, twenty-five percent
(25%) of the land may be deeded to a pre-established homeowners associa-
tion, AND DEED references of the articles of incorporation of which
shall be noted on the Final Plat prior to recording AND COPIES FILED
WITH THE OFFICE OF PLANNING AND ZONING. This land PROVI-
SION is for the purpose of TO ENABLE the subdivider providing TO
PROVIDE private recreation facilities, such as swimming pools, tennis
courts, etc., where membership might require a dues or a maintenance
payment. The balance of IN THE EVENT THE ABOVE OPTION IS
NOT EXERCISED, the land shall be deeded to the Planning and Zoning
Officer of Anne Arundel County in trust for all future residents of the
subdivision and their respective community association upon formation.
In addition to a deed of trust for recreation lands an appropriate dedication
of the land shall be shown on the Final Plat. Transfer of community
association recreation land FROM THE COUNTY to the community AS-
SOCIATION shall be at no expense to the association.

(e)    Recreation land required in subdivision shall be located so as
to be reasonably accessable from all lots within the subdivision. Steep
slopes, streams, lakes, water courses and floodplains may be considered up
to forty percent (40%) of the recreational land requirement. In all in-
stances, a minimum of sixty percent (60%) of the recreation land require-
ments shall be suitable for dry ground recreational use. Fifty percent
(50%) of the dry ground recreational use shall not exceed three percent
(3%) grade. The remaining dry ground recreation area should not exceed
five percent (5%) grade. Exceptions to the preceding may be given in
cases of exceptional topography, especially attendant to waterfront de-
velopments. Where the land has been adversely affected by the developer's
operation, or his lack of control over the use of the land or where it is
necessary to alter or change, to make it a suitable site, by clearing,
grading, drainage or a combination thereof, a construction plan must be
approved by the Department of Public Works, the Office of Planning and
Zoning, the Soil Conservation Service DISTRICT, the Department of Rec-
reation and Parks and/or the Board of Education. Such changes or
improvements are to be as required on said plan to the standards of the
above agencies and according to the Public Works Agreement.

(f)    Where a proposed county park or other recreational area (other
than those indicated and provided for above), a proposed school site, or
other public use as shown on the General Development Plan is located in
whole or in part within a proposed subdivision, such proposed public use
or park, if not dedicated to public use, or conveyed to Anne Arundel
County or the Board of Education, shall be reserved for a period of not
more than three (3) TWO (2) years from the date of final approval of
the Final Subdivision Plat. A RESERVATION SHALL ONLY BE RE-
QUIRED WHEN A WRITTEN REQUEST IS MADE TO THE OFFICE
OF PLANNING AND ZONING BY THE AGENCY CHARGED WITH
THE RESPONSIBILITY FOR THE USE DESIGNATED. The reservation
for acquisition by the County, the Board of Education, or other public
agency by purchase or other means shall be at the raw land or undeveloped
land value prior to subdivision plus expenses. Expenses for taxes and
maintenance during the reservation period shall be reimbursed. The land
shall remain in its natural state and undeveloped during the reservation
period.

(g)    The approval of the Office of Planning and Zoning of a Final
Subdivision Plat shall not be deemed to constitute or imply acceptance by