[Ord. 7-2005, 7/13/2005]
The developer or builder shall be required to furnish a bond
and to pay the following fees and costs:
A.
The Borough filing fee.
B.
The Montgomery County Planning Commission review fee.
C.
Planning and Engineering Services. The services of the Borough Planner,
Borough Engineer as provided in these rules and regulations, including
plan review and inspection. In addition, all costs for other engineering
and professional certification as deemed necessary.
D.
Material and Facilities Tests. The actual cost of all drainage, water
and/or material tests.
E.
Dedication. Legal fees, advertising and other costs involved in the
dedication of streets and public improvements to the Borough.
[Ord. 7-2005, 7/13/2005]
1.
Conditions. The Borough shall have no obligation to take over and
make public any street or other improvement unless:
2.
Acceptance. The Borough shall have no responsibility with respect
to any street or other improvement, notwithstanding the use of the
same by the public, unless the street or other improvement is accepted
by an ordinance adopted by Borough Council.
3.
Guarantee. The applicant shall guarantee for a period of two years
from the date of the ordinance accepting dedication to maintain the
stability of all materials and work and to promptly replace all poor
or inferior materials and work and to remedy all defects in materials
or workmanship, all shrinkage, settlement or other faults of any kind
whatsoever arising therefrom, at his own expense, and to the satisfaction
of the Borough Engineer, when notified in writing to do so by the
Borough Engineer, and, in order to secure the guarantee as herein
required, the Borough shall be assured by means of a proper guarantee
in the form of a bond, with surety satisfactory to the Borough or
the deposit of funds or securities in escrow in an amount equal to
5% of the completion guarantee posted by the owner with the Borough.
[Ord. 7-2005, 7/13/2005]
Any person, partnership or corporation being the owner or agent
of the owner of any lot, tract, parcel, building(s) or land who shall
lay out, construct, open or dedicate any street, sanitary sewer, storm
sewer, water main or other improvements for public use, travel or
other purposes or for the common use of occupants of buildings abutting
thereon, or who sells, transfers or agrees or enters into an agreement
to sell any land in a subdivision or land development whether by reference
to or by other use of a plat of such subdivision or land development
or otherwise, or erect any building thereon, without having prepared
a final plat in full compliance with the provisions of this Chapter
and said plan has not been recorded as provided herein, shall be guilty
of a misdemeanor, and, upon conviction thereof, such person, or the
members of such partnership, or the officers of such corporation or
the agent of any of them, responsible for such violation, shall pay
a fine not exceeding $1,000 per lot, parcel, building or dwelling.
All fines collected for such violations shall be paid over to the
Borough of Conshohocken. The description by metes and bounds in the
instrument of transfer or other document used in the process of selling
or transferring shall not exempt the seller or transferor from such
penalties or from the remedies herein.
[Ord. 7-2005, 7/13/2005]
1.
Legislative Intent.
A.
To provide adequate open spaces, recreational lands and recreational
facilities to serve both the residents and nonresidents of the Borough
by providing for both passive and active recreation.
B.
To further implement the Borough's park, recreation and open space
plans and goals as set forth in the Borough's Comprehensive Plan.
C.
To recognize that the development of residential, commercial and
industrial uses in the municipality creates a demand for local recreational
facilities.
2.
Applicability.
A.
This Section shall apply to any residential or nonresidential subdivision
and land development applications and plans, and any amendments thereto,
filed after the effective date of this Chapter.
B.
This Section shall not apply to applications and plans that the Council
determines to involve only minor adjustments or corrections to applications
and plans for approval pending as of the effective date of this Chapter.
3.
Community Assets. In commercial, industrial and business/professional
areas, provisions shall be made for suitable areas for walkways (connecting
parking facilities with respective structures, malls, sitting areas,
bus stops and other amenities). Due consideration shall be given to
the preservation of natural features, including large trees, graves,
waterways, scenic points, historical spots and other community assets.
4.
Dedication of land suitable for park and recreational use to the
Borough or payment of fees in lieu thereof.
A.
Dedication of Land. The applicant shall dedicate land suitable for
park or recreational use to Conshohocken, unless one of the alternatives
set forth herein is agreed to by the Borough and the applicant. The
land shall be dedicated to the Borough as a condition of final plan
approval, and no lots shall be sold or built upon until and unless
the actual transfer of title has been completed or guaranteed to the
satisfaction of the Council.
(1)
The amount and location of land to be dedicated to the Borough
shall be 10% of the total site area of a proposed subdivision or land
development.
(2)
The land dedicated to the Borough for park and recreation purposes
need not be a part of the land development or subdivision, but may
be located on a separate parcel of land, provided that, in the sole
discretion of the Council, it is convenient to the future inhabitants
of the subdivision or land development, in addition, the applicant,
with the approval of the Council, may dedicate the land or construct
park and recreation facilities at existing Borough facilities, a public
school situate within Conshohocken, county-owned parkland or the facilities
of another developer, to satisfy the requirements of this Section.
(3)
No more than 25% of the minimum land area required for park
and recreation land may consist of floodplain or riparian corridor
buffer areas, wetlands or areas with slopes in excess of 8%. Floodplains,
riparian corridor buffers, wetlands and steep slopes may be used for
active recreation.
(4)
The minimum land area required for park and recreation shall
not include land designed for retention/detention basins in connection
with required stormwater management nor contain fuel, power or other
transmission lines, whether underground or overhead.
(5)
The land to be dedicated must be suitable for active or passive
recreation by reason of its size, shape, location and topography and
shall be provided with safe and direct access, either by adjoining
public road frontage or public easements, which shall be less than
25 feet in width.
(6)
Areas shall comprise a single parcel of land except where the
Council shall determine that two or more parcels would be in the public
interest.
(7)
The area dedicated may not be used in calculating density.
(8)
Any land dedicated to the Borough shall be used only for the
purpose of providing park and recreational facilities.
(9)
When land is offered for dedication, acceptance by the municipality
shall be by means of a signed resolution to which a property description
of the dedicated recreational area shall be attached. All changes
and agreements should eventually be conveying the property shall be
delivered to the Borough with title free and clear of all liens and
encumbrances except for public utility easements. In no event shall
the Borough be required to accept dedication of park and recreational
areas.
B.
Fee in Lieu of Dedication.
(1)
The Council and the applicant may agree to payment of a fee
in lieu of dedication of land.
(2)
Where the Council and the applicant agree that a fee is to be
contributed in lieu of the dedication of land, the amount of the fee
shall be equal to the fair market value of the undeveloped land that
otherwise would have been required to be dedicated.
(3)
Fair market value of the land in lieu of which fee is paid shall
be determined by agreement of the Council and the applicant. In the
event that the Council and applicant cannot agree upon the fair market
value of the land, then an MAI appraisal shall be supplied and paid
for by the applicant and reviewed by the Council. The appraisal required
by this subsection shall be prepared by a recognized, licensed, competent
real estate appraiser with no interest, financial or otherwise, in
the affected property or application.
(4)
The Council shall reserve the right to obtain its own appraisal,
and in the event that the Council appraisal is valued at less than
10% greater than the applicant's appraisal, the value shall be the
difference between the two appraisals; in the event that the Borough
appraisal is valued at 10% greater than that of the applicant, then
a third appraiser shall be selected by agreement of both the Council
and the applicant to be paid for by the applicant to resolve the difference.
(5)
Any fee in lieu of dedication which is collected by the Borough
shall be used only for the purpose of providing park and recreational
facilities within the Borough of Conshohocken.
(6)
A fee authorized under this subsection shall, upon its receipt
by the Borough, be deposited in an interest-bearing account, designated
as the Borough of Conshohocken parks and recreation fund. Interest
earned on such accounts shall become funds of that account. Funds
from such accounts shall be expended only on the design, construction
or acquisition of specific recreation facilities approved by the Council.
(7)
Unless the written request of any person who paid fees under
this subsection, unless there has been a written agreement to the
contrary between the applicant and the Borough, the Borough shall
refund such fee, plus interest accumulated thereon from the date of
payment, if the Borough had failed to utilize the fee paid for recreations
purposes within three years from the date such fee was paid.
C.
Use of land and fees. The types of recreational facilities shall
be designed and constructed as provided in the Borough park and recreational
plan and be deemed to include but not be limited to:
(1)
Playground equipment and surfaces.
(2)
Play fields (baseball, football and soccer fields or the like,
designed for active recreation).
(3)
Tennis courts.
(4)
Tot lots (small play areas designated for young children).
(5)
Basketball courts.
(6)
Paddle tennis courts.
(7)
Jogging paths with exercise stations.
(8)
Bicycle and walking trails.
(9)
Parking lot facilities associated with the foregoing.
(10)
Utility services (electric water fountains and toilet facilities).
(11)
Landscaping, earth shaping and plant materials.
(12)
Picnic facilities and benches.
(13)
Swimming pools.
(14)
Lighting facilities related to park and recreation facilities.
D.
Combination of Dedication of Land and Payment of Fees.
(1)
Where the applicant and the Council agree, the applicant may
utilize any combination of the dedication of land and/or the payment
of fees in lieu of the dedication of land, to satisfy the applicant's
park and recreation obligation.
(2)
Credit for the cost of construction of any park and recreation
facility shall be subject to the review and approval of the Borough
Engineer as determined by prevailing costs for labor, structures and
materials associated with the facility.
E.
Parks and Recreation Plan. The Council shall adopt a formal parks
and recreation plan for the Borough by resolution. Future park and
recreational facilities proposed within the Borough shall be in accordance
with principles and standards contained in the plan. The plan may
be amended from time to time by resolution of the Council.
F.
Timing of Fees. Fees required under this Section shall be due and
payable at the time of execution of the final plan by the Borough
and shall in any case be paid prior to recording of the final plan.
G.
Fee Modification Process. An applicant may seek modification of the
required amount of a recreation fee under this Section. The burden
of proof, based upon relevant data and qualified professional testimony,
shall be upon the applicant to clearly prove to the satisfaction of
the Council that the required fees under this Section would:
(1)
For residential development, be disproportionate compared to
the current market value of the common open space that would otherwise
be required to be dedicated.
(2)
For a business development, would be disproportionate compared
to the amount of impact on recreation facilities and common open spaces
that the employees or users of the development would have upon the
Borough.
