[Ord. 95-4-18-2, 4/18/1995, § 11-1; as amended by Ord. 2005-02, 4/28/2005]
1.
Purpose. All residential subdivision or land development plans shall
provide for suitable and adequate recreation land and/or fees as set
forth in this chapter in order to fulfill the following purposes.
Recreation land shall be defined as usable area that can be developed
for playgrounds or tot lots, neighborhood parks, or community parks
for active outdoor recreation.
A.
Insure adequate recreational areas and facilities to serve the future
residents of the Township.
B.
Maintain compliance with recreation standards as recommended by the
Plumstead Township Park and Recreation Comprehensive Plan as adopted
by the 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 recreational areas
to serve new residents.
E.
Ensure that dedicated recreation land is suitable for the intended
use.
2.
Recreation Land Dedication Requirements.
A.
All residential subdivision or land development plan submissions
to the Township shall be required to provide for public dedication
of land suitable for park and/or recreation use in accordance with
the provisions of this chapter.
B.
A minimum of 0.0342 acres or 1,490 square feet of suitable recreation land shall be provided per dwelling unit within all residential subdivision or land developments, unless the applicant agrees to a fee in lieu as outlined in Subsection 5. This requirement is based on the following: a goal of providing 10.5 acres of recreation land per 1,000 residents in accordance with the standards of the National Park and Recreation Plan and an average family size of 3.264 persons as determined by the U.S. Census of 2000.
3.
Criteria for Determining the Location and Suitability of Recreation
Areas.
A.
Site(s) should be easily and safely accessible, have good ingress
and egress and have access to a public road.
B.
Site(s) should have suitable topography for the development as a
particular type of recreation area.
C.
Size and shape of the site(s) should be suitable for the development
as a recreation area.
D.
Site(s) should meet the minimum size with respect to usable acreage
as recommended by the Park and Recreation Comprehensive Plan for Plumstead
Township.
E.
Sites designated for recreation land shall not contain lands with natural resources restrictions, as defined by Chapter 27, Zoning, of the Township Code, stormwater detention facilities, or lands designated for any other purpose.
F.
The recreational activities and/or facilities for which the area
is intended must be specified on the development plans and recorded
on the linens.
G.
Recreation areas shall not be traversed by utility easements unless
said utilities are placed underground and no part of them or their
supportive equipment protrudes above ground level.
H.
The configuration of the recreation area must be able to accommodate
recreation activities proposed by the development plans. The required
area shall not include narrow or irregular pieces which are remnants
from lotting and/or street and parking areas.
I.
On-site improvements shall be commensurate with the adjacent on-site
development improvements, including but not limited to grading, curbing
and utilities.
J.
Open space which is required to be set aside as part of a cluster
development or other use which requires open space shall be provided
in addition to the recreation land required by this Part. Where both
open space and recreational land are required, the requirements for
mandatory dedication of recreation land shall be met in addition to
the requirements for open space.
4.
Ownership/Dedication to Township of Recreation Land.
A.
The Plumstead Township Planning Commission, and other Township commissions,
committees, boards, and councils, will 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,
providing such entity agrees to accept such land for permanent recreation
purposes:
(1)
Retention by the owner of the development if such dwelling units
are to be rented, subject to restrictions acceptable to the Township
Solicitor which shall ensure the perpetual dedication of the land
for recreational use.
(2)
Dedication to a formal homeowners' 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 or to another entity that
the Township so designates for continued use as recreation land.
(3)
Dedication to an established state, county or regional organization
acceptable to the Board of Supervisors.
(4)
Dedication to the 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 building for noncommercial recreation or to support
maintenance of the land.
5.
Fee in Lieu of Dedication. Where the Township determines that the
dedication of the land required for recreation purposes is not feasible
under the criteria set forth in this section, and upon agreement with
the applicant or developer, the applicant or developer shall pay a
fee or construct recreational facilities in lieu of the dedication
of any such land in compliance with the following:
A.
The fee shall be equal to the fair market value of the land otherwise
required to be dedicated and improved for recreational use as established
by separate resolution of the Board of Supervisors.
[Amended by Ord. No. 2020-07, 11/10/2020]
B.
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 development that paid fees toward their costs, the
"Recreation Fee District Map" (see Appendix[1]) designates four service areas for neighborhood parks
and one Township-wide service area for a Township-wide community park.
Any such fees collected under this subsection shall only be expended
within the same "Recreation Fee District" as the subdivision or land
development that contributed the fee if the fee is used for neighborhood
parks. Fees collected from any district may be expended for the Township-wide
community park.
[1]
Editor's Note: The Appendix is included as an attachment to this chapter.
(3)
All fees and interest within the Recreation Fee Account shall
only be used for acquisition of recreation land, development of and
capital improvement to public recreational facilities, landscaping
of recreation land, engineering, legal, planning, architecture, landscape
architecture and the payment of debt directly resulting from such
expenditures. Such fees specifically shall not be used for maintenance,
routine repairs, operating expenses or recreational programs.
C.
Fees required under this section shall be paid prior to the recording
of the applicable final plan or as building permits are issued, as
determined by the Board of Supervisors.
D.
If such fees are paid in installments or prior to the issuance of
each building permit, then for the purpose 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,
if the Township has failed to utilize the fee paid for the purposes
set forth in this section within three years.
