A.
The location of all existing and proposed monuments, lot line markers,
property corners, and drill holes shall be shown on the final plan.
Those that are proposed shall be labeled as such.
B.
Three monuments shall be spaced around the proposed project with
precise bearings and distances labeled that reference those monuments
to known property corners.
(1)
Two such monuments shall be consecutive corners along street rights-of-way
and the third may be placed either on the boundary or internal to
the site.
(2)
Longitude and latitude coordinates of the monuments shall be shown
on the recorded plan.
(3)
If GPS technology is used, it shall be rectified and calibrated to
the State Plane Coordinate System, North American Datum (NAD) 1983.
(4)
Monuments must be readily accessible and clear of overhead obstructions.
(5)
A computer-readable point file including property lines, corners,
rights-of-way, and easements for the site shall be submitted to the
Borough prior to final plan recordation.
C.
Monuments shall be concrete or stone, with a flat top having a minimum
width or diameter of four inches and a minimum length of 30 inches.
Concrete monuments shall be marked with a three-quarter-inch copper,
brass dowel or drill hole; stone or precise monuments shall be marked
on the top with a drill hole.
D.
Markers shall be set at all points where lot lines intersect curves,
at all angles in the property lines, at the intersection of all other
property lines, and at the street right-of-way.
E.
Markers shall consist of iron pipes or steel bars at least 30 inches
long and not less than 5/8 inch in diameter.
F.
Drill holes shall be drilled in concrete curbs (with or without PK
nails or discs) having a minimum diameter of 1/4 inch. The depth of
the holes shall be such that a PK nail or disc, if used, can be set
in as close to the surface of the curb as possible. Minimum depth
without the use of PK nail or disc shall be 1/2 inch. In the absence
of PK nails or discs, chisel or saw marks shall be used to facilitate
and identify the drill hole locations.
G.
All monuments, markers, and drilled holes shall be placed by a registered
professional land surveyor so that the scored market point, or center
of the driller hole, shall coincide with the point of intersection
of the lines being monumented or marked.
H.
A note shall be provided on the plan indicating when the monuments
and markers are to be set.
A.
All units of occupancy within the proposed subdivision or land development
shall be provided with a complete sanitary sewer system, which shall
be connected to the Borough's sanitary sewer system in accordance
with the requirements of Council, the Authority, and the DEP.
B.
The final plan application shall include a statement from the Authority
indicating the approval of the plans for design, installation and
possible financial guarantees.
A.
All units of occupancy shall be provided with a complete water supply
system, which shall be connected to the Borough's water supply
system in accordance with the requirements of the Council, the Authority,
and the DEP. Fire hydrants shall be installed and spaced no more than
600 feet apart.
B.
The final plan application shall include a statement from the Authority
indicating the approval of the plans for design, installation and
possible financial guarantees.
All subdivisions and land developments shall comply with the requirements of Chapter 226, Stormwater Management, and with the requirements of Chapter 232, Article IV, Sidewalk and Curb Installation; Maintenance, of the Code of the Borough of Mount Joy, as well as the following:
A.
Erosion and sedimentation controls. All development applications
which involve grading or excavation shall conform to the requirements
of Chapter 102 of the regulations of the DEP, as amended from time
to time. It shall be the responsibility of the applicant to secure
all approvals required by the Lancaster County Conservation District,
as delegated by the DEP prior to commencement of construction activities.
Approval of plans by the Council shall not be construed under and
regulation of the DEP, Lancaster County Conservation District or other
regulatory body.
The following landscaping requirements shall be in addition to any landscaping requirements of Chapter 270, Zoning:
A.
All proposed subdivisions and land developments shall be landscaped in compliance with this chapter and Chapter 270, Zoning. A landscape plan shall accompany a subdivision and land development plan and shall be drafted by a registered engineer or landscape architect.
B.
All planting shall be performed in conformance with good nursery
and landscape practice. Plant materials shall conform to the standards
recommended by the American Association of Nurseryman, Inc., in the
American Standard of Nursery Stock, ANZIZ60, current edition, or any
amendments made hereafter.
(1)
Provide a landscape plan note indicating that the top of the main
order root (first large set of roots that divide from the trunk) shall
be planted no lower than one or two inches into the soil.
(2)
Planting designs are encouraged to share planting space for optimal
root growth whenever possible. Continuous planting areas vs. isolated
planting boxes are encouraged.
(3)
No staking and wiring of trees shall be allowed without a maintenance
note for the staking and wiring to be removed within one year of planting.
C.
All required landscape plants shall be maintained and guaranteed
for a length of 18 months from the date of planting. No more than
1/3 of the tree or shrub shall be damaged or dead without replacement.
Replacement plants shall conform to all requirements of this section
and shall be maintained after replanting for an additional 18 months.
A note indicating this requirement shall be placed on the plans.
D.
The plant's growth shall not interfere with the street cartway,
access drives or driveway locations, sidewalk, signage, easement locations,
clear sight triangles, or utility line locations. No landscaping with
sight triangle easement locations shall exceed two feet in height.
E.
In order to aid surveillance and minimize the potential for crime,
plantings shall be sited, massed, and scaled to maintain visibility
of doors and first floor windows from the street and from within the
development to the greatest extent possible. Planting patterns shall
not obstruct sight lines or create isolated areas, especially near
pedestrian walking paths.
F.
Any existing vegetation that is in appropriate locations, of an acceptable
species and quality, may be used to fulfill landscaping and buffering
requirements if approved by the Council.
G.
Street trees shall be provided in all subdivisions and land developments
which include new streets and along the frontage of existing streets
that abut a subdivision or land development.
(1)
Location. Where permitted by the Borough and/or PennDOT, street trees
shall be placed within the street right-of-way. If planting within
the street right-of-way is not approved, then such trees shall be
planted with the trunk on private property immediately outside of
the street right-of-way.
(2)
Number. A minimum average of one street tree shall be planted for
each 40 feet of length of new street or existing street frontage measured
at the centerline.
(3)
The spacing of trees shall be based on the size of the tree canopy
at maturity with trees spaced no closer than 30 feet on center if
the tree canopy is less than 30 feet spread at maturity, spaced 30-60
feet on center if the tree canopy is 30-50 feet spread at maturity,
and street trees spaced 50-100 feet on center if the tree canopy is
over 50 feet spread at maturity. When a less formal arrangement is
desired, where more massing is appropriate, or improvements such as
benches are located, street trees shall be grouped in a manner that
is approved by the Council.
(4)
Existing trees. Along street segments where existing healthy street
trees will be preserved and protected during construction, new street
trees shall not be required.
(5)
The following tree species are acceptable to meet the street tree
requirements. Other tree species may be used, if approved by the Council.
|
Common Name
|
Botanical Name
|
Height/ Canopy Spread
(feet)
|
Drought Tolerances
|
Soil Type
|
Soil Acidity/ Aerosol Salt Tolerance
|
Soil Saturation Preference
|
Root Pattern
|
Canopy Structure/ Growth Rate
|
|---|---|---|---|---|---|---|---|---|
|
Red Maple
|
Acer rebrum
|
75/35
|
Moderate
|
Clay; loam
|
Acidic/low tolerance
|
Extended flooding to well-drained
|
Large surface roots
|
Upright oval canopy/fast growing
|
|
Sugar Maple
|
Acer saccharum
|
70/40
|
Sensitive to reflected heat and drought
|
Sand; loam, not compacted
|
Acidic; alkaline/not tolerant
|
Well-drained
|
Often shallow
|
Dense oval/ moderate- slow growing
|
|
River birch
|
Betula nigra
|
40-50/25-35
|
Moderate
|
Clay; loam
|
Acidic
|
Extended flooding to well-drained
|
Not a problem
|
Narrow-pyramidal crown/fast growing when moist
|
|
Common Hackberry
|
Celtis occidentalis
|
45-80/40-50
|
Highly tolerant
|
Clay; loam
|
Tolerant of highly alkaline to moderate acidic
|
Extended flooding to well-drained
|
Large surface roots
|
Round/prune to prevent weak branch crotches
|
|
American Yellow-wood
|
Cladrastis kentckea
|
30-50/40-50
|
Moderate
|
Clay; sand; loam
|
Alkaline; acidic
|
Occasional wet to well-drained
|
Surface roots when wet
|
Round/ moderate/ prune structure
|
|
American beech
|
Fagus grandifolia
|
50-75/40-60
|
Moderate to low
|
Sand; loam
|
Acidic/low Tolerance
|
Needs well drained
|
Surface roots/needs space
|
Very dense oval/ moderate
|
|
White Ash
|
Fraxinus Americana
|
50-80/40-60
|
Moderate
|
Sand; loam
|
Alkaline; acidic/ moderately tolerant
|
Extended flooding to well-drained
|
Large surface roots/needs space
|
Oval/fast growing
|
|
Green Ash
|
Fraxinus pennsyl-vanica
|
60-70/45-50
|
Highly Tolerant
|
Sand; loam; clay
|
Alkaline; acidic/ moderately tolerant
|
Extended flooding to well-drained
|
Large surface roots when confined
|
Upright/fast; prune structure to develop trunk
|
|
Thomless Honey-locust
|
Gleditsia triacanthos inermis
|
50-70/35-50
|
Highly tolerant
|
Clay; sand; loam
|
Alkaline; acidic/ highly tolerant
|
Occasional wet to well-drained
|
Can grow surface roots
|
Open oblong
|
|
Sweetgum
|
Liquid-ambar styraciflua
|
60-75/35-50
|
Moderate to little
|
Clay; sand; loam
|
Acidic/ moderately tolerant
|
Extended flooding to well-drained
|
Surface roots when moist
|
Pyramidal/ extreme sensitivity to construction
|
|
Tuliptree
|
Lirioden-dron tulipifera
|
80-100/30-50
|
Moderate
|
Sand; loam
|
Acidic/no tolerance
|
Well-drained to occasional wet
|
Not a problem; needs space
|
Oval/ moderate growth
|
|
Blackgum/ Sourgum
|
Nyssa sylvatica
|
65-75/25-35
|
Highly tolerant
|
Clay; loam
|
Acidic/ moderately tolerant
|
Extended flooding to well-drained
|
Not a problem; deep roots
|
Pyramidal/ slow growth
|
|
American Hophorn-beam
|
Ostrya virginiana
|
25-50/25
|
Tolerant once established
|
Sand; loam
|
Poor salt tolerance/ pH adaptable
|
Prefers moist when young
|
Not a problem
|
Rounded
|
|
Sycamore
|
Platanus occidentalis
|
75-90/50-70
|
Highly tolerant
|
Clay; loam; should not dry out
|
Alkaline; acidic/ moderately tolerant
|
Extended flooding to well-drained
|
Can grow surface roots
|
Dense pyramidal/ fast growing
|
|
White Oak
|
Quercus alba
|
60-100/60-80
|
Moderate to low
|
Sand; loam; should not dry out
|
Acidic/ highly tolerant
|
Occasional wet to well-drained
|
Not a problem
|
Pyramidal/ slow growing
|
|
Shingle Oak
|
Quercus imbricaria
|
40-60/40-60
|
Tolerant intermit-tent drought
|
Rich; deep, well-drained
|
Alkaline soils up to 7.5 pH
|
Moist
|
Not a problem
|
Rounded/ transplants well
|
|
Chestnut Oak
|
Quercus Montana
|
50-60/40-60
|
Highly tolerant
|
Sand; loam
|
Acidic/ unknown salt tolerance
|
Well-drained
|
Roots flare when older
|
Round/ moderate growth
|
|
Red Oak
|
Quercus rubra
|
60-70/50-60
|
Highly tolerant
|
Sand; loam
|
Acidic/ highly tolerant
|
Well-drained
|
Can form large surface roots
|
Dense; round/fast growth; train into one leader
|
|
Swamp White Oak
|
Quercus bicolor
|
50-70/50-70
|
Moderate
|
Clay; sand; loam
|
Acidic/ moderate tolerance
|
Extended flooding to well-drained
|
Not a problem
|
Round/ moderate growth; long lived
|
|
Basswood/ American Linden
|
Tilia Americana
|
50-80/35-50
|
Moderate
|
Sand; loam
|
Acidic; alkaline/low tolerance
|
Well-drained
|
Not a problem needs space
|
Dense; pyramidal/ moderate
|
(6)
No one species shall comprise more than 33% of the entire number
of street trees in a particular development.
(7)
All street trees shall be provided by the applicant in accordance
with the following standards:
(a)
The trees shall be nursery-grown in a climate similar to that
of the project. Varieties of trees within the public street right-of-way
shall be subject to the approval of the Council.
(b)
All trees shall have a normal habit of growth and shall be sound,
healthy, and vigorous; they shall be free from disease, insects eggs,
and larvae.
(c)
The trunk caliper, measured at a height of six inches above
finish grade shall be a minimum of two inches.
(d)
Tree planting depth shall bear the same relationship to the
finished grade as the top of the root ball or original grade of origin.
(e)
Street trees in beauty strips or near sidewalks shall be planted
with an approved root barrier system to prevent root damage to sidewalks
and/or curbs.
H.
Existing wooded areas. Existing wooded areas shall be protected to
prevent unnecessary destruction. At least 20% of any existing woodlands
that exist at the time of plan submission shall be maintained or replaced
immediately following construction. Replacement trees shall be a minimum
trunk caliper of two inches at a height of six inches above finished
grade. If the applicant can prove that invasive species are within
a particular area of the wooded location, then the percent of woodlands
to be removed may be increased to eradicate invasive species. The
tree protection area must be indicated on the plans. Individual trees
that are to be saved shall be marked prior to construction, in the
case of mature wooded areas, the edge of the wooded area shall be
marked with a forty-eight-inch-high construction or snow fence, mounted
on steel, poles, shall be placed around the perimeter of the wooded
area to remain.
I.
Ground cover. Ground cover shall be provided on all areas of the
project to prevent soil erosion. All areas which are not covered by
paving, stone, or other solid material shall be protected with a suitable
ground cover, consisting of spreading plats, including sods and grasses,
less than 18 inches in height.
J.
Native and invasive planting.
(1)
Native plant materials should be incorporated in all designs. The
use of native plant material can help improve water quality, provide
additional and improved wildlife habitat, and typically adapt to local
conditions which then require less maintenance. Native plants must
be used near greenways, suburban forested areas, wetlands, and riparian
areas.
(2)
Except as noted above, non-native plants may be included in place
of a native plant if it is not considered invasive and the plant does
not introduce pests or diseases. A nonnative plant may be incorporated
into designs when they prove to be better suited for a particular
soil, environment, spatial constraints, and integration into the surrounding
ecosystem.
(3)
The following is a list of invasive plants which may not be used
in any planting schedule:
(a)
Trees. Tree-of-heaven (Ailanthus altissima), Norway maple (Acer
platanoides), Sycamore maple (Acer psuedoplatanus), Empress tree (Paulownia
tomentosa), Callery pear (Pyrus calleryana), Siberian elm (Ulmus pumila).
(b)
Shrubs. Japanese barberry (Berberis thunbergii), European barberry
(Berberis vulgaris), Russian olive (Elaeagnus angustifolia), Autumn
olive (Elaeagnus umbellate), Winged Euonymus (Euonymus alatus), Border
privet (Ligustrum obtusifolium), Common privet (Ligustrum vulgare),
Tartarian honeysuckle (Lonicera tartarica), Standish honeysuckle (Lonicera
maackii), Bell's honeysuckle (Lonicera morrowii x tatarica),
Common buckthom (Rhamnus catharticus), Glossy buckthorn (Rhamnus catharticus),
Glossy buckthom (Rhamnus multiflora), Wineberry (Rubus phoenicolasius),
Multiflora rose (Rosa multiflora), Japanese spiraea (Spiraea japnonica),
Guelder roase (Viburnum opulus var. opulus)
(c)
Grasses. Cheatgrass (Bromus tectorum), Japanese stilt grass
(Microstegium vimineum), Maiden grass (Miscanthus sinensis), Common
reed (Phragmites australis), Reed canary grass (Phalaris arundinacea),
Johnson grass (Sorghum halepense), and Shattercane (Sorghum bicolor
ssp. drummondii)
(d)
Flowers. Garlic mustard (Alliaria petiolata), Goutweed (Aegopodium
podagraria), Bull thistle (Crisium vulgare), Canada thistle (Cirsium
arvense), Musk thistle (Carduus nutans), Jimsonweed (Datura stramonium),
Goatsrue (Galega officinalis), Giant hogweed (Heracleum mantegazzianum,
Dame's rocket (Hesperis matronalis), Purple Loosestrife (Lythrum
salicaria, L. virgatum), Eurasian water-milfoil (Myriophyllum spicatum),
Star-of-Bethlehem (Ornithogallum nutans, umbellatum), Japanese knotweed
(Polygonum (Falopia) cuspidatum/Polgonum sachalinense), Wild parsnip
(Pastinaca sativa), Beefsteak plant (Perilla frutescens), Lesser celandine
(Ranunculus ficaria), Water chestnut (Trapa natans).
(e)
Vines. Fiveleaf akebia (Akebia quinata), Porcelain-berry (Ampelopsis
brevipedunculata), Oriental bittersweet (Celastrus orbiculatus), Japanese
honeysuckle (Lonicera japonica), Kudzu (Pueraria lobata), Mile-a-minute
vine (Polygonum perfoliatum)
The Council shall consider the adequacy of existing or proposed
facilities to serve the residents or nonresidential occupants of the
proposed development. The reservation of land for community facilities
will be requested when appropriate. The developer shall give earnest
consideration to reserving land for schools, churches and other community
facilities. If a facility of this type has been tentatively planned
in the area that is to be developed, the developer shall contact the
organization which would manage the site to determine whether such
organization plans to use the site.
A.
Legislative intent. The Council has adopted a park and recreation
plan for the Borough. To implement this park and recreation plan,
all residential subdivisions and land developments shall provide for
suitable and adequate recreation in order to:
(1)
Ensure adequate recreational areas and facilities to serve the future
residents of the Borough.
(2)
Maintain compliance with recreation, park and open space standards,
as developed by the National Recreation and Park Association.
(3)
Reduce increasing usage pressure on existing recreational areas and
facilities.
(4)
Comply with the park and recreation plan with regard to size and
distribution of recreation areas.
(5)
Allow for acquisition and development of additional recreation areas
as outlined by the park and recreation plan.
(6)
Ensure that all present and future residents have the opportunity
to engage in many and varied leisure pursuits.
(7)
Reduce the possibility of the Borough becoming overburdened with
the development and maintenance of many very small, randomly planned
and widely separated recreation areas.
(8)
Protect sensitive areas and facilities of significant historical,
cultural, aesthetics or environmental value.
(9)
Provide for the opportunity of combining small plots of dedicated
land from several subdivisions into larger, more usable tracts.
B.
Land requirements for proposed recreation areas. The amount of land
required to be provided for recreational purposes for residential
subdivisions or land development plans not exempted from the provisions
of this section shall be as follows:
(1)
The minimum lot area which shall be dedicated shall be 0.025 acre
per lot or dwelling unit.
(2)
The minimum area of land reserved as park and recreation land shall
be equal to the minimum lot size in the zoning district in which the
subdivision or land development is located.
(3)
Such land set aside shall be suitable to serve the purpose of active
and/or passive recreation by reason of its size, shape, location and
topography and shall be subject to the approval of the Council.
(4)
In no event will the amount of land to be dedicated for recreation
be less than the minimum lot size for the zoning district in which
the subdivision is located.
(5)
The developer may request that the Borough not require the dedication of land, and any such request shall be accompanied by an offer to pay a fee in lieu of dedication of the land, computed in accordance with the regulations under Subsection G, an offer to privately reserve land for park, or combination of the above for recreation purposes.
C.
Criteria for proposed recreation areas. Whether publicly dedicated
or privately reserved, proposed recreation areas shall:
(1)
Be a single lot and generally rectangular in shape.
(2)
Have suitable topography and soil conditions for use and development
as a recreation area.
(3)
Have a minimum of 75% of the required area with a maximum slope of
7%.
(4)
Have a maximum of 25% of the required area be within floodplain or
wetland areas, as defined by the United States Department of Housing
and Urban Development Flood Insurance Rate Map, the United States
Army Corps of Engineers, the Borough Engineer and/or the DEP.
(5)
Be easily accessible to all essential utilities contained within
the subdivision such as public water, power and sewer; however, no
utility easements or rights-of-way shall traverse the recreation area.
Stormwater management structures and facilities shall not be included
within any recreational or open space area.
(6)
Not contain any materials which would be termed "hazardous wastes"
under applicable state and federal statutes, not contain any petroleum
products and not contain any underground storage tanks or locations
from which underground storage tanks were removed that are leaking.
(7)
Be suitable for development as a particular type of park, as categorized
by the National Recreation and Park Association's National Park,
Recreation and Open Space Standards and Guidelines, 1983, as may be
amended.
(8)
Be compatible with the objectives, guidelines and recommendations
as set forth in the park and recreation plan.
(9)
In the event that the land contains natural features which are worthy
of preservation, the developer may request that Borough Council permit
the provision of recreational land configured in such a manner as
to best preserve natural features.
(10)
Such land shall be suitable for development as a children's
play area if less than one acre in size, or a play field if greater
than one acre in size.
(a)
In order to implement the recommendation of the park and recreation
plan, if the adjoining property is undeveloped land, Borough Council
shall require that such land be provided at the property boundary
of the development in order that it may be added to land provided
for park and recreation purposes on an adjacent tract at such time
as the adjoining property is developed.
(b)
If the adjoining property has previously been developed, and
recreational land has been provided at the boundary of that previously
developed property, Borough Council shall require that the recreational
land required of the development shall be located adjoining the previously
provided recreational land.
D.
Dedication of recreation to the Borough. All recreation and open
space land required by this section shall be irrevocably dedicated
to the Borough unless the Council waives such required dedication.
The Council, in its sole discretion, has the power to accept or not
accept dedication of such land. The developer shall present evidence
of clear title to the recreation and open space land and a deed of
dedication which shall be in a form acceptable to the Borough Solicitor.
The developer shall reimburse the Borough for all costs associated
with the acceptance of dedication.
(1)
The developer may request that the Borough waive the requirement
to dedicate land set forth herein. Any request for such a waiver shall
include whether the developer proposes to privately reserve such recreation
and open space land or proposes payment of a fee in lieu of land dedication
or proposes to dedicate a portion of the required recreation and open
space land and in lieu of the remaining portion make improvements
to the dedicated land in accordance with recreation standards established
by the park and recreation plan.
(2)
All approved recreation landshall be completed and dedicated or reserved
before 50% occupancy has been reached in any applicable subdivision.
The Borough may avail itself of all remedies provided by the MPC,
including but not limited to the withholding of permits, to ensure
compliance with this provision.
E.
Private reservation of land. The developer may request a waiver from
the mandatory dedication requirement imposed by this section to permit
the recreation and open space land to be privately reserved. A written
agreement between the developer and the Borough, which specifies the
developer's obligations, must be executed prior to or concurrent
with final plan approval. Such agreement must be in a form and have
specific content that is acceptable to the Borough Solicitor. Council
is not obligated to execute such an agreement with the developer.
(1)
The agreement shall stipulate whether the developer, a homeowners'
association or a condominium unit owners' association shall be
responsible for construction and maintenance of the designated recreation
facilities; whether such private facilities will be available to nonresidents
of the development; and how the private reservation may be revoked
under a set of future circumstances.
(2)
If such lands and facilities are to become common elements of a homeowners'
or unit owners' association of any type, then such association's
organizational bylaws must conform to the Pennsylvania Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq. Such documentation shall
be recorded.
(3)
The deed of conveyance of such recreation areas shall contain a restrictive
covenant limiting such land and improvements to the common use of
the property owners within the development for the purposes initially
approved by the Borough. Said deed shall also contain a restriction
that said lands and improvements may not be sold or disposed of by
the association, except to another organization formed to own and
maintain said recreation areas, without first offering to dedicate
the land and improvements to the Borough. Such covenants shall be
in a form acceptable to the Borough Solicitor.
(4)
If acceptable to the Borough, the recreation land may be transferred
to a not-for-profit corporation established for the conservation or
preservation of land or for providing recreational facilities. The
documents relating to the transfer of the land shall be in a form
acceptable to the Borough Solicitor, shall be recorded and shall provide
that the land is permanently restricted from further development.
Arrangements acceptable to the Borough shall be made for the maintenance
of the recreation land.
F.
Recreation facility development. Developers required to dedicate
land for recreation shall also be requested to develop the recreation
areas according to the National Park, Recreation and Open Space Standards
and Guidelines published by the National Recreation and Park Association
in 1983 and any succeeding updates or revisions.
(1)
The actual size, number, placement and other specifications of recreation
facilities to be developed shall be approved by the Council after
negotiations with the developer.
(2)
Final subdivision and/or development plans shall indicate the location
and specifications of all recreation facilities to be constructed
and metes, bounds and acreage of the recreation area(s). An engineer's
estimate of the cost of development of the recreation area(s) shall
also be submitted by the developer for improvement guaranty purposes.
(3)
The following recreation facilities, or the equivalent if approved
by the Council, are recommended for development on the land which
has been set aside for recreational facilities:
|
Dwelling Units
|
Play Areas
|
BB/VB1 Courts
|
Tennis Courts
|
Ball2 Diamonds
|
Pavilions
|
Soccer/ FB3 Fields
| |
|---|---|---|---|---|---|---|---|
|
24 or fewer
|
—
|
—
|
—
|
—
|
—
|
—
| |
|
25 to 49
|
1
|
1
|
—
|
—
|
—
|
—
| |
|
50 to 99
|
1
|
1
|
—
|
—
|
1
|
—
| |
|
100 to 199
|
2
|
2
|
1
|
1
|
1
|
—
| |
|
200 to 299
|
2
|
2
|
2
|
1
|
1
|
1
| |
|
300 to 399
|
2
|
2
|
2
|
2
|
2
|
1
| |
|
400 and over
|
3
|
2
|
2
|
2
|
2
|
2
|
|
NOTES:
| ||
|---|---|---|
|
The mix of facilities shall be determined by the Borough.
| ||
|
1Basketball and/or volleyball court.
| ||
|
2Softball and/or baseball diamond.
| ||
|
3Soccer and/or football field.
| ||
G.
Fee in lieu of dedication. When requested by the applicant, the Borough
may agree to a fee in lieu of dedication. The Borough will hold such
funds in accordance with the requirement of the MPC. If the applicant
chooses to record final plans for an approved preliminary plan in
phases, the applicant shall pay the fee in lieu of dedication applicable
to the number of dwelling units in each phase prior to the release
of the final plan for such phase for recording.
(1)
If a fee in lieu of dedication is proposed by the applicant, the amount of a fee-in-lieu payment shall be the fair market value of the land, at the time of preliminary plan submission, required to be dedicated under Subsection B above.
(2)
Payment of all such fees shall be a condition of final plan approval,
and no plans shall be released for recording until such fees are paid.
(3)
The applicant (at the applicant's sole cost) shall provide the
Borough with all information necessary to determine the fair market
value of the land, including, but not limited to, a copy of the agreement
of sale if the applicant is an equitable owner or has acquired the
land within the past two years from an unrelated party or an appraisal
of the property by an MAI appraisal, which is to be submitted to the
Borough as part of the submission. Fair market value shall be computed
by dividing the total price for the tract, at the time of preliminary
plan submission, by the number of acres within the tract and then
multiplying that number by the amount of land required to be dedicated.
H.
Fee-in-lieu funds disposition. All fees shall be held and used by
the Borough in accordance with the MPC. It is the intent of the Borough
Council that such fees shall be used in accordance with the park and
recreation plan. Fee-in-lieu funds and accrued interest thereon not
used by the Borough within three years may be refunded to the payee
only upon his written request. The date of payment of the fee-in-lieu
funds shall be considered to be the date upon which the last fee for
a particular development represented by a single preliminary plan
has been paid, and the three-year period shall not commence until
the entire fee-in-lieu of dedication for a development has been paid.
A.
The applicant or landowner shall be responsible for construction of any trail shown on the Official Map, park and recreation plan, or Comprehensive Plan. The Council, upon recommendation of the Commission, may require, as a condition of final plan approval, the dedication and improvements of new trail construction or connections to existing trail facilities. The area of land that the trails cover may be credited towards the amount of mandatory land that is to be dedicated to the Borough under § 240-57, provided the trails are intended for public use.
B.
If the trail is intended to provide both pedestrian and bicycle travel,
the minimum width shall be 10 feet. If the trail is constructed to
provide bicycle travel and is constructed separately and parallel
to a concrete sidewalk, the minimum width of the trail shall be six
feet.
C.
All trails shall be constructed in accordance with the American Association
of State Highway and Transportation Officials (AASHTO) guidelines
for bicycle and pedestrian paths. All trails shall also be constructed
in accordance with the ADA.
D.
Pedestrian easements that are a minimum of 10 feet wide are required
for trails. A plan note indicating such easements must be five feet
on either side of the centerline of the trail as constructed shall
be placed on the cover sheet or other plan sheet that is to be recorded.
The applicant shall be responsible for providing a legal description
of said easement prior to the release of a final plan for recording.
E.
Encroachments into the trail shall not result in less than a four-foot-wide
minimum clearance width from any obstacles.
F.
Marked crosswalks shall be provided within the vehicular travel ways
intersecting with trails.
G.
When a subdivision or land development is traversed by or abuts an
existing public trail customarily used by pedestrians, the applicant
shall make provision for the continued recreational use of the trail,
subject to alterations of the course of the trail within the boundaries
of the development under the following conditions:
