All residential subdivisions or land development plans regulated under this section shall provide for suitable and adequate recreation land and/or fee as set forth in this chapter in order to:
A. 
Ensure adequate recreational areas and facilities to serve the future residents of the Township.
B. 
Maintain compliance with recreational standards as recommended by the Lower Makefield Park and Recreation Board and as approved by the Lower Makefield Township Board of Supervisors.
C. 
Minimize overuse of and excessive demand for existing recreational areas and facilities by future residents.
D. 
Allow for orderly acquisition and development of recreation areas and open lands needed to serve new residents.
E. 
Recognize and work to carry out the officially adopted Lower Makefield Township Park and Pool Facilities Plan, the Park, Recreation and Open Space Master Plan, Volume 2, the Park and Recreation Plan of Action of 1996 and the Master Plan for the development of Macclesfield Park, as may be amended or updated, all prepared under the supervision of the Township Park and Recreation Board, approved by the Board of Supervisors.
F. 
Ensure that dedicated recreation land is suitable for the intended use.
A. 
All residential subdivision or land development submissions to the Township shall be required to provide for the public dedication of land suitable for park and/or recreation use in accordance with the provisions of this chapter.
B. 
A minimum of 2,200 square feet of suitable recreation land shall be provided per dwelling unit within all residential subdivisions or land developments, unless the developer agrees to a fee in lieu of as outlined in § 178-92.
A. 
The Lower Makefield Township Planning Commission and Park and Recreation Board will advise the Board of Supervisors on land offered for dedication for recreational purposes.
B. 
The intended use meets the Park and Recreation objectives.
C. 
Factors to be considered, but not limited to, in determining recreation land locations are:
(1) 
In compliance with Township Subdivision and Land Development and Zoning Ordinances.[1]
[1]
Editor's Note: See Ch. 200, Zoning.
(2) 
Meets park and recreation objectives.
(3) 
Relationship to existing recreation areas.
(4) 
Safe access/egress by pedestrian, bicycle and auto traffic via public thoroughfares.
D. 
The topography, recreational surface for intended use and drainage shall be approved by the Township Engineer.
E. 
On-site improvements shall be commensurate with adjacent on-site developmental improvements (curbing, utilities, etc.)
F. 
The location and intended use shall be recorded on the record linen plans.
A. 
The Lower Makefield Township Planning Commission and Park and Recreation Board will, as stated in § 178-90, provide advice on any proposed recreation land dedication and any proposed assessment of recreation fees in lieu of land dedication.
B. 
If the Board of Supervisors determines that a recreation land dedication would be in the public interest, such recreation land shall be owned and maintained by an entity that the Board of Supervisors determines is acceptable to ensure proper long-term oversight and maintenance of the land. This may be any of but not limited to the following, provided that such entity agrees to accept such land for permanent recreation purposes:
(1) 
Retention by the owner of the development if such dwellings are to be rented, with proper documentation to ensure that the land will be used in perpetuity for recreational purposes.
(2) 
Dedication to a formal homeowner or condominium association, with such agreement subject to approval of the Board of Supervisors, after review by the Township Solicitor. If any entity responsible for such recreation land should dissolve or become inactive or decide that it no longer wishes to be responsible for such land, it shall offer such land at no cost to the Township so designated for continued use as recreation land. This section shall not by itself be used to relieve the homeowner or condominium association of its obligations under such agreements, without permission of the Board of Supervisors.
(3) 
Dedication to an established state, county or regional organization acceptable to the Board of Supervisors.
(4) 
Dedication to Lower Makefield Township.
C. 
If the Board of Supervisors deems it to be in the public interest to accept dedicated land for recreational purposes, such acceptance shall be by adoption of a resolution of the Board of Supervisors and acceptance of a deed of dedication from the developer.
D. 
Recreation land shall include deed restrictions to permanently restrict its use for recreation and to prohibit the construction of buildings on the land, except buildings for noncommercial recreation or to support maintenance of the land.
Where, upon agreement with the applicant or developer, it is determined that the dedication of all or any portion of the land area required for recreation purposes is not feasible under the criteria set forth in § 178-90, the Township shall require the applicant or developer to pay a fee in lieu of dedication of any such land to the Township as follows:
A. 
The initial fee, established in May 1991 by Ordinance No. 261, was established at $2,500 per dwelling unit, which fee is updated annually based on the Philadelphia Consumer Price Index.[1]
[1]
Editor's Note: Ordinance No. 261, Subdivision of Land, was superseded 8-4-1997 by Ord. No. 309, this chapter. The current fees are on file in the Township offices.
B. 
The initial fee, as established by Ordinance No. 261 in May 1991 and updated annually, is based upon the following: $1,300 per proposed dwelling unit to compensate the Township towards core recreation land for land acquisition and basic site improvements needed to make the land suitable for recreation, plus $1,200 per proposed dwelling unit to compensate the Township toward the passive regional recreational land acquisition and basic site improvements to make the land generally suitable for passive recreation.
C. 
Limitations on use of fees.
(1) 
Any recreation fees collected under this section shall be placed within an interest-bearing recreation fee account which shall function as a capital reserve fund and shall be accounted for separately from other Township funds.
(2) 
To ensure that the lands and facilities are accessible to the residents of the developments that paid fees towards their cost, the Recreation Fee District Map contained in the Lower Makefield Park, Recreation and Open Space Plan designates three overlapping Recreation Fee Districts. These are the Northern Recreation Fee District, the Central Recreational Fee District and the Southern Recreation Fee District. Any such fees collected under this section shall only be expended within the same recreation fee district as the subdivision or land development that contributed the fees.
D. 
Fees required under this section shall be paid prior to the recording of the applicable final plan or as determined by the Supervisors.
E. 
If such fees are paid in installments or prior to the issuance of each building permit, then for the purposes of determining limits for the time within such funds are required to be expended under state law, such time limit shall begin when the total fees related to the final approval are paid in full and not from the date of payment of any portion of such fees. Upon request, the Township shall refund such fee, plus interest accumulated thereon from the date of payment as aforesaid, if the Township has failed to utilize the fee paid for the purposes set forth in this section within three years.