[Adopted 5-9-1995 as Ord. No. 4-1995[1] ]
[1]
Editor's Note: This ordinance also repealed Ord. No. 4-1992,
adopted 5-26-1992, which comprised former Art. III, Standards for Development.
This Article shall be known as, and may be cited as, the "Borough of
Kutztown Recreation and Parks Plan Ordinance of 1995."
This Article shall apply to the development of public recreation and
parks facilities to serve the needs of the citizens of the Borough of Kutztown,
Berks County, Pennsylvania (the "borough").
The purpose of this Article shall be to provide standards for the development
of public recreation and parks facilities so as to promote the public convenience
and general welfare of the public.
A.
The Comprehensive Recreation and Parks Plan (herein the
"Plan") dated March 1995, as prepared by the borough and its engineers and
approved by the Berks County Planning Commission, is hereby adopted as the
Recreation Plan of the borough (within the meaning of Section 503(11)(iv)
of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended
by Act 170 of 1988, as amended by Act 209 of 1990, as amended by Act 131 of
1992, and as amended hereafter), and the Plan is made a part of this Article
as if set forth herein in its entirety.
B.
The development of public recreation and parks facilities,
including such facilities as are developed utilizing land dedicated as a requirement
of subdivision or land development final plan approval or utilizing fees paid
in lieu of such dedication, shall be in accordance with the principles of
the Plan.
C.
The provisions and regulations for the dedication of land for recreational purposes, as a requirement of subdivision or land development final plan approval, shall be as provided for in § 195-32, entitled "Recreation facilities," of Chapter 195, Subdivision and Land Development, Ordinance No. 3-1991, as from time to time heretofore and hereafter amended (the "Subdivision Ordinance"). (Terms used in this Article without definition shall have the meaning ascribed thereto in the Subdivision Ordinance). The provisions and regulations for the payment of fees in lieu of such dedication of land shall be governed by § 195-32B of Chapter 195, Subdivision and Land Development, and by this Article.
A.
Fees to be paid in lieu of dedication of land shall bear
a reasonable relationship to the use of park and recreational facilities by
future inhabitants of the subdivision or land development in question and
shall be as provided for from time to time by resolution of Borough Council.[1]
B.
Fees, upon receipt, shall be deposited in an interest-bearing
account which clearly identifies the specific recreation/park facilities for
which the fee was received.
C.
Interest earned on such an account shall become funds
of said account.
D.
In the event that the borough has failed to utilize such
fees and the interest accrued thereon within the three-year period following
payment of such fees to the borough, then such fees, plus interest accumulated
thereon from the date of deposit, shall be refunded to the party who paid
such fees in lieu of dedication of land, following receipt of a request by
such party after the conclusion of such three-year period.
E.
Upon mutual agreement of the borough and the developer,
the borough may accept a combination of dedicated land and fees-in-lieu of
land to meet the requirements of this section for a subdivision or land development.
F.
Fees required under this section shall be paid prior
to the recording of the final plan, except as follows:
(1)
If the required fee would be greater than five thousand
dollars ($5,000.) and the developer and the borough mutually agree upon terms
in a binding development agreement providing for the payment of all applicable
recreation fees required by this Article in installments, then such fee may
be paid in installment payments which must be paid in full as to each clearly
defined phase of the Subdivision or Land Development prior to the issuance
of any building permits within such clearly defined phase of the Subdivision
or Land Development; or, if the developer provides such security as is deemed
satisfactory by the Council of the borough in its sole discretion for the
payment of all recreation fees required by this Article, then such fees are
not required to be paid prior to the recording of the final plan but may instead
be paid within the requirements of such development agreement.
(2)
If the developer and the borough agree upon the payment of recreational fees as provided for in Subsection F(1) hereinabove, then all such fees shall not be considered to be "paid" for the purposes of the passage of any applicable time limitations for utilization of such fees under the Pennsylvania Municipalities Planning Code, and the accrual of such time limitations shall not commence to accrue, until all such fees are paid in full and actually received by the borough, including all installment payments and all recreation fees for all phases of the Subdivision or Land Development.
