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00162 <br /> the preliminary and final plat ( s ) of the subdivision. <br /> All land that is designated must be provided or <br /> dedicated under one of the following methods. <br /> (a) The land must be dedicated to an appropriate <br /> public body as publicly-owned and maintained. <br /> Where recreation areas are so dedicated, they <br /> shall be subject to acceptance by the public <br /> body. A determination as to the appropriate <br /> public body shall be made by the Board of <br /> Commissioners , upon recommendation from the <br /> Recreation and Parks Advisory Council to the <br /> Planning Board. <br /> (b) The land must be conveyed to the trustees <br /> provided in an indenture establishing an <br /> association of homeowners . The recreation area <br /> must be conveyed to the trustees subject to <br /> covenants and easements to be approved by the <br /> Planning Board and Board of Commissioners and <br /> which provide for the continued maintenance and <br /> control of the recreation area in a manner which <br /> assures its continuing use for its intended <br /> purpose. <br /> If the recreation area is conveyed to a <br /> homeowner ' s association, the subdivider shall <br /> file a declaration of covenants and restrictions <br /> in accordance with the provisions of Section V of <br /> this ordinance. <br /> IV-B-7-b-6. PAXmania_in_Liau_Qf_,DtsligaIiQn <br /> Any subdivider required to provide or dedicate <br /> recreation area pursuant to this Ordinance may, with <br /> the approval of the Board of Commissioners , make a <br /> payment in lieu of provision or dedication or make a <br /> combination of land provision or dedication and <br /> payment . Before approving a payment in lieu of <br /> dedication, the Board of Commissioners shall find that <br /> no recreation and/or open space sites have been <br /> designated on the Land Use Plan for the property in <br /> questioin and that the active recreation needs of the <br /> residents of the proposed subdivision can be served by <br /> existing facilities (see Section IV-B-7-b-4) or there <br /> are no areas within the proposed subdivision deemed <br /> suiable for active recreation purposes by reason of <br /> excessive slopes , flood plains and other environmental <br /> features. <br /> A payment in lieu of provision or dedication shall <br /> equal the number of acres required to be provided or <br /> dedicated multiplied by the expected fair market value <br /> of the land after development of the subdivision and <br />