[HISTORY: Adopted by the Borough Council of the Borough of Bonneauville 10-18-2005 by Ord. No. 91. Amendments noted where applicable.]
Applicants of subdivision or land development plans which propose the establishment of dwelling units shall dedicate to the Borough of Bonneauville land for park, recreation, and open space uses or provide payment of a fee in lieu of Borough acceptance of such land, as provided in this article.
Such dedications shall be at locations deemed appropriate by the Borough. The Borough may also require the dedication of land for hiking and biking trails and linear parks.
Title to land to be dedicated shall be good and marketable, free of all liens or other defects, and shall be acceptable to the Solicitor of the Borough.
The area of the land to be dedicated may, for the purpose of calculating net developable area, be considered as a permanent part of the development site, even though it will be conveyed in title to the Borough.
The Borough of Bonneauville may, after acceptance, reconvey such land to a public conservancy or a public park system as long as the land would remain available for use by the residents of the development activity which promoted the original dedication.
The amount of land required to be dedicated shall be equal to 0.02 acres per residential lot. Public recreation and land dedication for multifamily or attached housing shall be a minimum of 20% for the total tract area. Areas less than three acres proposed to be dedicated to the Borough shall not normally be accepted, unless opportunities exist to combine them with other recreation areas. All approved recreation areas shall be completed and dedicated before 50% occupancy has been reached in any applicable subdivision. Withholding of occupancy permits may occur to ensure compliance with this provision.
If the Borough determines that it is impractical to accept the dedicated land, or if no land suitable for dedication exists in the opinion of the Borough, the developer shall offer a payment of a fee in lieu of acceptance of such land. The in-lieu fee shall be payable for the entire development concurrently with the approval of the first final plan of a subdivision or development plan by the Borough.
The in-lieu of fee shall be determined by using the fair market value of the land that would have been otherwise dedicated. Since dedicated recreation areas must have access to a public roadway and the availability of all utilities, they are in a very real sense developed and therefore, determinations of fair market value will not be appraised at a raw land rate. This fair market value shall be established by the Borough Engineer. This fee will be calculated on an annual basis. The amount of the fee to be paid in lieu of acceptance of dedicated land shall be $2,740 per dwelling unit as of the date of adoption of these regulations (September 2005). The in-lieu fee shall be escalated from 2005 to the present year using the Consumer Price Index. The index shall be from area 0100, Northeast Urban, size D, all items, and from all urban consumers (CPI-U).
The fee authorized under this article shall, upon its receipt by the Borough, be deposited in an interest-bearing account, clearly identifying the specific recreation facilities for which the fee was received. Interest earned on such accounts shall become funds of that account.
The dedicated land for park, recreation, and open space uses shall meet the following criteria:
The dedicated land shall be located so as to serve all of the residents of the subdivision or land development.
Shall have good ingress and egress and have direct access to a public roadway.
Be contiguous and regular in shape.
Have a suitable topography and soil conditions for use and development as a recreation area.
The existing topography of the land shall have an overall grade which is 5% or less on 50% of the required area.
Not more than 25% of the dedicated land shall be located within a floodplain, as defined by FEMA.
When public park, recreation, or open space land exists adjacent to a site proposed to be subdivided or developed, the Borough may require the dedicated land to be located to adjoin and enlarge the presently existing park, recreation, or open space land.
The minimum amount of dedicated land shall not consist of utility rights-of-way or easements.
The specifications of recreational facilities to be developed shall bear a reasonable relationship to the anticipated use of the facilities by future inhabitants of the development and the Borough, as categorized by the National Recreation and Park Association's Open Space Standards and Guidelines, 1990 and updates.
Be compatible with the objectives, guidelines and recommendations as set forth in the Comprehensive Plan for Bonneauville Borough and Mount Pleasant Township, and Parks and Recreation Plan and updates. (See page 36 of the Comprehensive Plan of 2004.)
If the developer proposes to construct recreational facilities, the developer shall present a sketch plan of such facilities and an estimate of the cost of construction, which shall include the equipment to be used, specifications and details. The recreational facilities shall be designed by a certified recreation park planner or landscape architect.
The minimum facilities to be included are as follows:
One tot-lot to accommodate a minimum of 20 children ages two to five. Facility to be ADA compliant.
One playground to accommodate a minimum of 25 children ages five to 12. Facility to be ADA compliant.
One swing set to accommodate a minimum of four swings. One swing to be compliant with ADA standards.
One picnic pavilion to accommodate 25 people.
A walking trail that is at least 1/4 mile in length and a minimum of five feet in width. Over 50% of the trail must be ADA compliant.
An all-purpose impervious surface in which tennis, volleyball and basketball can be played.
An all-purpose playing field which can accommodate soccer, softball and baseball.
Adequate parking to meet the needs of the park. Five spaces for the first two acres plus additional spaces per facility. One plus spaces for handicap parking.
The Borough has the discretion to request additional facilities based on the anticipated needs of the residents.
One shade tree per 1,000 square feet shall be planted within the recreation area.
No stormwater management facilities designed to retain or detain water from other portions of the development shall be permitted on such land reserved for park recreation and open space.
Any proposed playground equipment and underlying surfaces shall meet the national standards for safety, as stated by the Handbook for Public Playground Safety by the U.S. Consumer Product Safety Commission.