[Added 4-6-2006 by Ord.
No. O-06-02; amended 9-16-2021 by Ord. No. O-21-05; 12-15-2022 by Ord. No. O-22-04]
It is the intent of College Township to provide an interconnected,
continuous, and well-maintained network of sidewalks, shared-use paths,
and other related facilities that provide all users, regardless of
age and ability, with safe and efficient access to numerous key destinations
throughout College Township and the Centre Region.
A. General. Sidewalks shall be required to be included in a subdivision
or land development plan as follows:
(1)
All new streets proposed in a land development or subdivision
plan shall include sidewalks along both sides of the streets.
(2)
For all new subdivisions or land developments located adjacent
to an existing street(s), a sidewalk shall be required along the side(s)
of the street(s) which the proposed subdivision or land development
abuts where there currently is no sidewalk(s).
(3)
All nonresidential, townhome and multifamily residential uses
shall provide a separate system of sidewalks connecting the primary
building entrance(s) to other primary buildings' entrance(s)
and to the nearest public sidewalk abutting the development.
B. Exemptions. The following shall be exempt from the provisions of §
180-16.1A:
(1)
Development reviewed pursuant to §
200-50, Residential site plan review, shall be exempt from the requirements contained herein unless required as part of a subdivision or land development approved pursuant to Chapter
180, Subdivision of Land, prior to the adoption of this section.
(2)
Development within the Village Center District shall provide
sidewalks pursuant to § 200-40E, Sidewalks and parking lot
requirements for Village Center District.
(3)
Development reviewed pursuant to §
200-38.4B(1)(f) is eligible for a reduction of sidewalks as an incentive for development of workforce housing.
C. Alternatives. Where a land development or subdivision plan is requesting
a waiver from the requirements contained within this section, alternatives
shall be considered, such as alternate pedestrian routes, different
widths or building material, before Council can consider granting
a waiver pursuant to above.
D. Fee-in-lieu of pedestrian facilities. In instances where pedestrian
facilities are not proposed, but are required by this section, payment
of a pedestrian facility fee-in-lieu is an option if a facility meets
the following criteria:
(1)
The construction of pedestrian facilities is proven to be a
hardship on the developer, and;
(2)
All reasonable alternatives for inclusion of the required pedestrian
facilities are exhausted, and;
(3)
The Township Engineer has determined that the project is cost
prohibitive.
(4)
The following criteria shall be submitted for review:
(b)
Estimated pedestrian facility construction costs; and
(c)
A map indicating the distance to nearest existing/planned facility.
E. Deferral.
(1)
A deferral offers an option to delay construction of a required
pedestrian facility for a set amount of time, or until some other
factor triggers the need for construction. In order to request a deferral
of a sidewalk, the following shall apply:
(a)
Sidewalks are required under the SALDO;
(b)
Justification is provided as to why the installation of pedestrian
facilities may be a hardship at the time of initial land development;
(c)
No alternatives are acceptable;
(d)
Cost prohibitive formula is applied, but the project is deemed
not cost prohibitive.
(2)
In the case where a deferral is warranted, recommended by the
Planning Commission and approved by Council, the following shall apply:
(a)
Unless otherwise recommended, a deferral shall not be more than
two years;
(b)
Final conditions of deferral are determined by staff, recommended
by the Planning Commission and approved by Council;
(c)
Notes outlining the final deferral conditions are added to the
proposed land development/subdivision plan and recorded upon approval.
F. Waiver. Upon request by a developer, Council may consider waiving
the requirements for construction, whether immediate or deferred,
of a required pedestrian facility or the payment of a fee-in-lieu
of pedestrian facilities. Council will only consider granting a waiver
when one or more of the following conditions apply:
(1)
The subdivision or land development is outside of the Regional
Growth Boundary/Sewer Service Area (RGB/SSA) as shown in the 2000
Centre Region Comprehensive Plan as subsequently amended.
(2)
The subdivision or land development is within a single-family
residential neighborhood where no other sidewalks exist.
(3)
The facility has been determined to be technically infeasible by the Township Engineer pursuant to the process described in §
180-16.1G.
(4)
The provisions of sidewalks will create an undue hardship pursuant to Section §
180-15.
(5)
The proposed facility scores seven or less on the Project Prioritization
Matrix.
G. Technically infeasible facility.
(1)
If options for alternatives as described in Section §
180-16.1C have been exhausted, a developer may request that the Township declare a proposed facility technically infeasible for considerations including, but not limited to, the following:
(b)
Environmentally sensitive features such as existing vegetation,
bodies of water, wetlands and/or floodplains.
(c)
Man-made limitations such as overhead utilities, street lighting,
traffic signal poles, underground utilities, conflicting structures,
and stormwater facilities.
(2)
To request a technically infeasible determination, the developer
must submit a technically infeasible waiver request (TIWR) including
the following elements:
(a)
Cover letter addressed to Township Council;
(b)
Waiver request justification report signed and sealed by a professional
engineer or architect;
(c)
Cost estimate of modifications required to construct the facility
per ordinance requirements;
(d)
Hardship justification pursuant to §
180-15.
(3)
Determination of technical infeasibility will be made by the
College Township Engineer upon review of proposed alternative options,
the completed TIWR and completion of a site inspection, if required.
[Added 2-20-2014 by Ord. No. O-14-01]
A. Applicability. Facilities, buildings or portions of buildings hereafter
constructed in subdivisions or land developments in College Township
approved after the effective date of this section shall be accessible
to Fire Department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driving surface
capable of supporting the imposed load of fire apparatus. An exception
shall be granted for private roads or driveways that serve four or
fewer dwellings.
B. Length of access road. The maximum length of dead-end fire apparatus access roads as defined herein shall not exceed 750 feet and as noted in §
177-19, Table of Design Standards, except as noted below.
[Amended 9-16-2021 by Ord. No. O-21-05]
(1)
The length of dead-end fire apparatus access roads may be extended
to 1,500 feet, if all structures on the access road are provided with
an approved automatic fire sprinkler system installed in accordance
with the applicable NFPA standard and College Township Council provides
a waiver of the seven-hundred-fifty-foot-length regulation.
(2)
Phased developments with an approved preliminary plan pursuant to this chapter or a tentative plan pursuant to Chapter
145, Planned Residential Development, may contain dead-end fire apparatus access roads exceeding 750 feet, provided that additional phases correct the deficiency.
C. Required turnaround. Dead-end fire apparatus access roads in excess
of 150 feet shall be provided with turnaround provisions in accordance
with College Township standards, unless the following conditions can
be met:
(1)
The fire apparatus road is not an existing or proposed to be
a public street;
(2)
The fire apparatus access road is no longer than 750 feet in
length;
(3)
The fire apparatus access road serves dwellings or structures
which are provided with an approved automatic fire sprinkler system
installed in accordance with the applicable NFPA standard; and
(4)
The Fire Chief determines that fire protection will not be impaired
and the turnaround is unnecessary.
D. Single-access developments must be provided with a boulevard-type
entrance. The boulevard entrance shall extend to the interior of the
subdivision and have distinct travel lanes with a minimum width of
12 feet each.
[Added 2-20-2014 by Ord. No. O-14-01]
A. Streetlights. Streetlights shall be required at all points of ingress
and egress of a proposed subdivision where a new public street intersects
an existing public street, as follows:
(1)
Streetlights shall be placed and have sufficient brightness
to completely illuminate intersections.
(2)
The developer shall install streetlights as approved by the
local energy provider (public utility) or propose an alternate streetlight
equal to such pole lights.
(3)
Such installations shall be made by the developer and approved
by College Township and the local energy provider (public utility),
if necessary.
(4)
The developer shall be responsible for all costs involved in
lighting the streets until such time as the streets are accepted as
public streets by the Township.
(5)
In the case that the streetlights are set on private property, the owner of said property is responsible for the cost and maintenance of light. See §
200-35, Exterior illumination.
B. Entrance lights. All points of ingress and egress of a proposed land
development plan shall be illuminated wherever a proposed driveway
or private street intersects with an existing public street. Such
light(s) shall be located and installed in the same manner as streetlights
above.
All proposed sanitary sewage disposal systems
shall comply with applicable rules and regulations of the Pennsylvania
Department of Environmental Resources.
A. Off-site systems.
(1) Public sanitary sewer. All lots located within the
designated sewer service area of the Centre County Comprehensive Water
and Sewer Plan, 1970, as revised, shall connect to the public sanitary
sewer system when deemed feasible, permitted and/or required by the
appropriate sewer authority. If sewer service is not presently available to lots in
the service area, capped sewers shall be installed for future connection
unless off-site service is specifically exempted by revision to the
plan. All components of the system shall be designed and constructed
in accordance with the standards of the applicable sewer authority.
(2) Community sewage systems. Community sewage systems
(package treatment plant or subsurface disposal) shall be required
for subdivisions or land developments outside the sewer service area
when such include 10 or more lots with a median lot size of less than
one acre. The design of the system shall be approved by the Department
of Environmental Resources. An agreement guaranteeing maintenance
of the system shall be prepared by the applicant, subject to approval
by the Council. Such agreement shall be noted in the deed for each
connecting lot and shall specify the responsibilities of each property
owner for the proper functioning and maintenance of the system.
B. On-site systems. All lots which will not have off-site
sewage disposal shall provide on-site systems approved by the Sewage
Enforcement Officer, except for lots intended to remain undeveloped
and so exempted by the Council. No lot may be subdivided unless so
exempted or found suitable for an approved system.
All water supply systems shall meet applicable
state and/or local water authority/company standards.
A. All lots located within the designated water service
area of the Centre County Comprehensive Water and Sewer Plan, 1970,
as revised, shall connect to public water authority/company mains
when such is feasible and/or permitted by the appropriate water authority/company.
All water mains and laterals shall meet the design and installation
specifications of said water authority/company.
[Added 7-1-2004 by Ord. No. O-04-09]
A. Fire hydrants shall be provided in accordance with
this section for the protection of buildings or portions of buildings.
Fire hydrants shall be provided along required fire apparatus access
roads and adjacent to public streets along the route of travel for
fire apparatus.
B. Existing fire hydrants on public streets may be considered
available. Existing fire hydrants on adjacent private properties shall
not be considered available.
C. The minimum fire flow requirements for developments
of one- and two-family dwellings with front, side and rear yard setback
requirements of 15 feet or greater and building separations of 30
feet or greater shall be 750 gallons per minute.
D. The minimum fire flow requirements for developments
of one- and two-family dwellings with any setback requirement of less
than 15 feet or building separations less than 30 feet shall be 1,000
gallons per minute.
E. The minimum fire flow requirements for developments
of other than one- and two-family dwellings shall be determined using
the needed fire flow method described in the Fire Suppression Rating
Schedule published by the Insurance Services Office, Inc. (ISO).
F. The spacing between fire hydrants shall not exceed
1,000 feet in developments of one- and two-family dwellings and shall
not exceed 600 feet in developments of other development types as
measured along the center line of fire apparatus access roads. With
the exception of one- and two-family dwellings, the distance to any
building or structure shall not exceed 300 feet.
G. If the needed fire flow is not provided in developments
served by the Water Authority, all dwellings and occupied structures
shall be provided with an approved automatic fire sprinkler system
installed in accordance with the applicable NFPA standard.
(1)
Exception. The Fire Chief is authorized to accept
a deficiency of up to 10% of the required fire flow where existing
fire hydrants provide all or a portion of the required fire flow.
(Written notice of the deficiency and approval shall be noted on the
plan.)
(2)
Exception. Subdivisions and land developments
located outside of the regional growth boundary and served by a community
water system may utilize approved water storage systems, as described
in § 108-6, Water supply requirements for new developments
outside of the Water Authority supply area, to meet the water supply
requirements.
H. Subdivision plans of four single-family residential parcels or fewer
and changes to existing subdivisions that impact four single-family
residential parcels or fewer are exempt from the requirements of this
ordinance.
[Added 2-20-2014 by Ord. No. O-14-01]
[Added 7-1-2004 by Ord. No. O-04-09]
A. The minimum water supply requirements for developments
of one- and two-family dwellings shall be a four-thousand-gallon approved
water storage source located along required fire apparatus access
roads. The spacing between the four-thousand-gallon water storage
sources shall not exceed 1,500 feet as measured along the center line
of fire apparatus access roads. The distance from the closest lot
line to a four-thousand-gallon water storage source shall not exceed
750 feet as measured along the center line of fire apparatus access
roads.
B. The minimum water supply requirements for developments
other than one- and two-family dwellings shall be determined using
NFPA Standard 1142, Water Supplies for Suburban and Rural Fire Fighting.
C. Subdivision plans of four single-family residential parcels or fewer
and changes to existing subdivisions that impact four single-family
residential parcels or fewer are exempt from the requirements of this
ordinance.
[Added 2-20-2014 by Ord. No. O-14-01]
All monuments and markers required herein shall
be accurately placed by a licensed civil engineer or land surveyor
prior to final approval of the plan.
A. Monuments.
(1) Monuments shall be at least six inches square or four
inches in diameter and shall be 36 inches long. Monuments shall be
made of concrete or stone or by setting a four-inch-cast-iron or steep
pipe filled with concrete. They must be set so that the top is level
with the finished grade of the surrounding ground and marked on top
with a securely embedded copper or brass dowel or other approved material,
scored to coincide exactly with the point of intersection of the lines
being monumented.
(2) Monuments shall be placed at the following points
along street rights-of-way: on corners of each intersection, at changes
in direction of street lines (excluding curve arcs), at the beginning
and end of curves and at intermediate points wherever topographical
or other conditions make it impossible to sight between two otherwise
required monuments. Land to be conveyed for public use shall be monumented
at similar locations along its external boundary.
B. Markers.
(1) Markers shall consist of iron pipes or steel bars
at least 36 inches long and one inch in diameter.
(2) Except where monuments are required, markers shall
be set at all lot corners, at all changes in direction of lot lines
(except curve arcs) and at the beginning and end of curved lot lines.
[Amended 8-16-2018 by Ord. No. O-18-06]
A. Street trees shall be planted by the subdivider within
the rights-of-way of all new streets built to provide access to four
or more lots in a subdivision. Trees shall be planted on both sides
of the street, spaced according to the following:
|
Height of Tree at Maturity
(feet)
|
Distance
(feet)
|
---|
|
Under 30
|
30-40
|
|
31-50
|
41-50
|
|
51 or more
|
51-70
|
B. Tree dedication. Upon dedication of the right-of-way
to the municipality, all trees within such right-of-way shall revert
to municipal ownership. It shall be illegal for anyone to prune, spray,
plant, remove, cut, burn, injure or fasten wire, rope, signs or other
items to such trees or deposit on or into the soil about the base
of such trees any chemical deleterious to tree life without first
obtaining permission from the municipality.
C. Planting specifications shall be consistent with that described by
the Master Tree Plan 2016 (as amended) of the State College Borough,
Appendix 5, Section IV, Planting Specifications, subsections A., Planting
Materials; B., Planting Method and Techniques; and C., Planting Standards
of Workmanship.
D. All new trees shall have a caliper of at least 1 1/2 inches
measured six inches above the ground level. Tree specifications and
varieties shall be designated on an approved subdivision/land development
plan unless specifically approved by the College Township Director
of Public Works or his/her designee. The tree species and varieties
recommended for use as street trees in College Township shall be consistent
with the Master Tree Plan 2016 (as amended) of the State College Borough,
Appendix 11.
[Amended 1-8-1987 by Ord. No. 100]
Facilities and installations for the control of stormwater shall be designed in accordance with the requirements of Chapter
175, Stormwater Management, and the following:
A. Storm sewers, culverts and related installations shall
be provided, as necessary, to:
(1) Permit unimpeded flow of natural watercourses.
(2) Ensure adequate drainage of all low points along the
line of streets.
(3) Intercept stormwater runoff along streets at intervals
related to the extent and grade of the area drained.
(4) Provide positive drainage away from on-site sewage
disposal facilities.
B. Storm sewers and related installations shall be required
only when the runoff stormwater cannot be satisfactorily handled within
the street cartway.
C. Where existing storm sewers are reasonably accessible,
proposed subdivisions shall be required, if necessary, to connect
therewith.
D. Storm drainage facilities shall be designed to handle
not only the anticipated peak discharge from the property being subdivided
but also the anticipated increase in runoff that will occur when property
at a higher elevation in the same watershed is fully developed.
E. Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a drainage
easement conforming substantially to the line of such watercourse,
drainageway, channel or stream and of such width as will be adequate
to preserve the unimpeded flow of natural drainage or for the purpose
of widening, deepening, relocating, improving or protecting such drainage
facilities. Any changes in the existing drainageway shall be subject
to the approval of the Pennsylvania Department of Environmental Resources.
F. Appropriate grates shall be designed for all catch
basins, stormwater inlets and other entrance appurtenances to ensure
that maximum openings do not exceed six inches on a side.
G. All storm drainage facilities constructed along or
crossing state or Township roads shall conform to the applicable requirements
of the Pennsylvania Department of Transportation specifications related
to such drainage facilities.
[Amended 1-12-1989 by Ord. No. O-89-01; 10-25-1990 by Ord. No. O-90-03]
A. Introduction.
(1) This section shall apply to all subdivision plans
and/or land development plans which include a residential use.
(2) It is the Township's option to require the public
dedication of land suitable for the use intended or, upon agreement
with the applicant or developer, the construction of recreational
facilities, the payment of fee-in-lieu, the private reservation of
the land, or a combination thereof, for park or recreational purposes
as a condition precedent to final plan approval. The purpose of this
section is to ensure that adequate park and open space areas are provided
to meet the needs of the local residents.
B. Amount of land dedication required.
(1) For any land development or subdivision which includes
a residential use, the amount of park and open space land required
to be dedicated as a condition of plan approval shall be one acre
per 25 dwelling units or fraction thereof (0.04 acres per unit).
(2) Lot additions or revisions involving two or fewer
dwelling units or residential land developments of fewer than five
dwelling units may be excused by the Council from this requirement.
C. If land is to be offered for public dedication, the
subdivider or developer shall place a note on each subdivision or
land development plan which is subject to the section as follows:
|
"No more than ____________ [insert number] dwelling
units may be constructed on the land which is the subject of the plan
unless additional land is dedicated and/or the Township Council accepts
an additional fee in lieu of dedication of land."
|
D. The College Township Council, upon recommendation
from the College Township staff, Centre Region Planning Commission,
College Township Planning Commission, College Township Parks and Recreation
and Centre Region Parks and Recreation, shall determine if the land
is acceptable for dedication based on the adopted recreation plan
and other relevant criteria, including but not limited to the following:
(1) General design. Areas shall generally be designed
as neighborhood parks or natural areas which provide recreational
opportunities for the residents within the subdivision or in close
proximity. Exceptions to this may be when dedications are made to
a regional park which is located within two miles of the center of
the subdivision.
(2) Access. The park and open space land shall be accessible
from a public street or shall adjoin and become a part of an already
existing public park or open space area which is accessible from a
public street. Where access to the park is by public road, the width
of the frontage shall be a minimum length deemed necessary by the
municipality for access, visibility of the site and public safety.
Depending upon the parkland size or shape, it may be necessary to
provide access from an additional public street, as deemed by the
Council.
(3) Shape and slope. The majority (51% or greater) of
the park and open space land shall be contiguous with a lot length
to width ratio no greater than 2.5 to 1. The slopes of this contiguous
parcel shall be no greater than the average slope of the development
and shall be suitable for the proposed use of the park or open space.
The remaining open space may include steep slopes, but no more than
30% of the required open space may contain steep slopes, as defined
in this chapter.
(4) Floodplain. Parkland or open space may be located
within a floodplain if its proposed use is acceptable to the municipality.
The developer must obtain certification that property to be dedicated
does not include wetlands unless the proposed use is open space with
no proposed improvements. The developer must also provide sufficient
justification for its proposed use to obtain Council approval.
(5) Stormwater management facilities.
(a)
No more than 15% of the required open space
shall contain stormwater detention basins or other stormwater management
facilities, with the following exceptions:
[1]
For a large, relatively flat stormwater detention
pond, with a minimum area of 0.5 acres inside the toe of the interior
slopes of the pond, and which can be developed as an outdoor recreation
facility, such area may be added to the 15% maximum described above.
[2]
If the detention basins are designed such that
76% of their perimeters have slopes less than 20% and the basin slopes
are no greater than 33%, then the stormwater management facilities
may be included up to a maximum of 25% of the required open space.
(b)
The use of homeowners' associations to maintain
stormwater management facilities is strongly encouraged unless the
developer provides sufficient funds to the Township for maintenance
purposes for a period of 10 years. These funds shall include costs
for routine maintenance, including mowing, pruning and fertilizing,
as needed; periodic restoration of landscaping and access roads; and
projected costs to replace drainage structures and piping over the
life expectancy of such facilities.
(6) Pedestrian and bicycle paths. The use of pedestrian
and bicycle paths may be accepted as open space, if they meet all
of the following conditions:
(a)
The minimum width of the open space right-of-way
or easement shall be 20 feet.
(b)
The pedestrian and bicycle paths have a logical
beginning and ending point, which provides an appropriate means of
access to either a park or other facilities the residents are likely
to use.
(c)
The cost of improving the pedestrian or bicycle
path is provided by the developer in order to accommodate its intended
use. This shall not be considered as a credit towards a fee in lieu
of land dedication. This requirement is necessary since the dedication
of narrow strips of land has relatively little value compared to a
larger parcel.
(d)
The provisions of Subsection
D(3), Shape and slope, are still met by the development.
(7) Trails or linear parks. The municipality may accept
the dedication of linear trails or parks if they connect to existing
trails identified by the Centre Region Planning Commission or if they
are adjacent to Spring Creek or Slab Cabin Creek and meet the following
criteria:
(a)
Actual dedications of land shall have an average
width of at least 75 feet.
(b)
The trail or linear park shall conform to any
applicable municipal master park and open space plan, any county-wide
trail and recreation master plan, and appropriate Municipal and County
Comprehensive Plans.
(c)
The cost of improving a trail or walkway is
provided by the developer in order to accommodate its intended use.
This shall not be considered a credit towards a fee in lieu of land
dedication. This requirement is necessary since the dedication of
narrow strips of land has relatively little value compared to a larger
parcel.
(8) Utilities. The majority of dedicated land shall be
accessible to electric, water and sewer utilities. No aboveground
utilities shall be placed on the parkland or open space unless granted
specific permission by the Council. If any of these facilities are
placed underground, no part of them and their supportive equipment
shall protrude above ground level.
(9) Unity.
(a)
It is desirable for the parkland and/or open
space lands to be in several well-placed, adequately sized areas within
the Township, so that they can accommodate the anticipated uses. A
four-acre parcel is generally considered adequate, but parcels of
other sizes may also be considered by the Township. The adopted park
plan shall have existing parks inventoried and categorized so that
future park sites can be located to adequately meet the needs of future
residents. The service areas of the existing and future park sites
will be determined by amenities provided, access, population and physical
and man-made barriers. If it is determined that the land proposed
for dedication is acceptable, the Township may officially accept the
land at the time of final approval of the development plan or at the
time the roads are offered for dedication.
(b)
The Township or its designee shall be responsible
for maintaining all dedicated and accepted areas. Formation of and
cooperation with homeowners' associations or similar organizations,
for purposes of maintenance, shall be encouraged, but the responsibility
of seeing that the work is done shall remain with the Township.
(c)
For relatively small developments, the following
options should be considered by the developer: provide land dedication
to add to an existing regional park within two miles of the subdivision:
provide a fee in lieu of land dedication; provide a small parklet
(less than two acres) to be maintained by a homeowners' association.
(d)
If it is determined that there is not land suitable
for dedication or that the subdivision is too small to allow for a
suitable amount of land for dedication or that it is not practical
to dedicate land or that there already exists an adequate amount of
park and/or open space lands, then a fee in lieu of land dedication
may be offered by the developer.
E. Fee in lieu of land dedication. After receiving the
recommendations of the Township staff, Centre Region Planning Commission,
College Township Planning Commission, College Township Parks and Recreation
and Centre Region Parks and Recreation, the College Township Council
may determine that a fee in lieu would be more beneficial to the Township
residents than a land dedication for parkland or open space. The following
procedure shall be observed in determining the fee:
[Amended 12-27-1990 by Ord. No. O-90-11]
(1) As part of the plan approval process, the Township
Manager, under the direction of the Township Council, shall send written
notice to the developer that a fee-in-lieu would be desired.
(2) Upon agreement by the developer and within 15 days
of mailing said notice, the developer and the Township shall each
obtain a real estate appraiser, who shall be a licensed real estate
broker/appraiser in Centre County, to make an appraisal for purposes
of determining the amount of money to be paid as a fee in lieu of
dedication. Within said 15 days, the developer and the Township shall
disclose to each other the name of the real estate appraiser selected
by each party.
(3) Within 35 days of the mailing of said notice, the
real estate appraiser of each party shall submit his appraisal to
both the developer and the Township, which appraisal shall provide
information as required herein.
(4) Each appraiser shall appraise the total property subject
to the subdivision or land development. The appraisal shall be the
appraised fair market value of the average price of the individual
lots or units within the development. This is the price which a property
might be expected to bring if offered for sale in a fair market, not
the price which might be obtained on a specific sale. Market value
is established by comparing the development to the actual price of
property that has recently been sold in the open market of comparable
size and value. The appraiser should consider the market value for
the land/subdivision in that location and zoning district as if served
by completed roads, sewer and water lines. For single- and multifamily
developments (i.e., where individual lots are not sold), the amount
per acre shall be determined by an appraisal, said appraisal shall
consider the market value of the land for development in that zone
as if served by completed roads, sewer and water lines.
(5) If the lower appraised value is 90% or greater of
the other appraisal, the two appraised values shall be averaged.
(6) If the lower appraisal value is less than 90% of the
other appraisal, then each appraiser shall, within 15 days of notice
from the Township, agree on a third appraiser. Within 30 days of his
appointment, the third appraiser shall submit an appraisal on the
same basis as set forth herein. In such case, the middle of the three
appraised values shall be used. If both the Township and the developer
agree, this requirement for a third appraiser may be waived and the
appraised value may be determined by mutual agreement.
(7) The developer shall bear the expense of its appraiser
and the Township shall bear the expense of its appraiser. In the event
that a third appraiser is appointed, then the developer and the Township
shall share equally the expense of said third appraiser.
(8) The amount per acre for a fee in lieu of land dedication
shall be determined by using the formula below.
|
Amount per acre = 0.65 LV/A
|
|
Where:
|
|
|
A
|
=
|
The number of acres in the subdivision or development.
|
|
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L
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=
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The number of lots or units in the subdivision
or development.
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|
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V
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=
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The appraised market value of the average lot
in the subdivision or land area attributable to a unit.
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0.65
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=
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The adjustment constant (to allow a credit for
typical development costs involved with the sale of a lot and overhead
costs applied to a lot, but to include the costs of providing an improved
lot).
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(9) The fee shall be deposited into a separate interest-bearing
account identifying the specific development that contributed the
funds. The funds may be used for the purpose of providing, acquiring,
operating, or maintaining park or recreational facilities reasonably
accessible to the contributing development. The fee shall be due from
the developer upon Township approval of the final subdivision or land
development plan for the initial phase of the development. The Township
shall return the fee, plus interest, upon request of any developer
who paid the fee, if the Township has failed to utilize the fee for
the purposes set forth above within a period of three years of the
date the fee was paid.
[Amended 1-22-2015 by Ord. No. O-15-01]
(10)
In some instances, there may be not enough suitable
land available to meet the park and open space requirements for a
development. In those cases, the Council may elect, at its option,
with the developers agreement to require the dedication of land for
a portion of the required amount and the payment of a fee in lieu
of land for the balance to fulfill the parkland and open space required.
F. Wording to be added to subdivision or land development
plan for land specifically designated as open space shall be as follows:
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The land shown on this plan as "open space,"
consisting _____________ of acres, shall be deeded to College Township
by a deed of general warranty, free and clear of all liens and encumbrances,
and at a date no later than the date of dedication of the streets
shown on this land development/subdivision plan. Said land shall be
available for College Township use consistent with its ordinances
and regulations with no restriction, except that the purpose of the
conveyance shall be for the public park and recreation uses. It shall
be used for such purposes, and College Township may also, in its sole
discretion, sell this land, provided that the proceeds of such sale
are specifically restricted for use for public park and recreation
purposes in connection with a continuing program for such purposes
in College Township or in connection with existing park facilities
and obtain additional park facilities in College Township.
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