4620

The Planning Board, the Permit Management Office or the municipalities are each hereby empowered, as may be pertinent according to their jurisdictional scope, to provide, administer or require the designation of land in fee simple for communal use of the community, municipality or region under the following conditions:\n(a) In those programmed urbanizable lands identified in an extension plan;\n(b) in those non-urbanizable lands, in urban lands, identified in an area plan, or\n(c) in urbanization projects to urbanize open areas identified in a land use plan.\nThis requirement shall be made at the time in which said plans become effective and according to the regulations adopted by the Planning Board for such a purpose. The designated land may be transferred to another public agency or instrumentality responsible for the communal use to be provided.\nThe designation of lands shall not exceed in value or area, ten percent (10%) of the total land usable for development as indicated in the ordinance plan or the land use plan, and the exact extension of the land to be designated, its location and use shall be established in said plans.

tal land usable for development as indicated in the ordinance plan or the land use plan, and the exact extension of the land to be designated, its location and use shall be established in said plans. The computation of the extension of land to be used for development that shall be designated for communal uses shall exclude the land needed for infrastructure systems identified in the plan, including the system of roads as well as areas excluded for development by the plan for economic or security reasons.\nThe Planning Board shall establish the procedures to determine in which cases may the substitution of the required land for a cash contribution be allowed or demanded and the substantive and procedural elements of this transaction.\nHistory —Aug. 30, 1991, No. 81, § 13.022; Oct. 29, 1992, No. 84, § 80.