A. 
The following principles, standards and requirements will be applied by the Board of Commissioners and Planning Commission in their review and evaluation of all subdivision and land development plan applications. All standards, requirements and specifications shall be equal or better to those listed in this chapter. Any variations to the standards, requirements and specifications must be acceptable to the Township Engineer.
B. 
The standards and requirements contained herein shall be considered the minimum for the promotion of the public health, safety, convenience and general welfare.
C. 
Where literal compliance with the standards and requirements contained herein is clearly impractical, the Board of Commissioners may modify or waive such through the modification of requirements process set forth in Article VIII of this chapter.
D. 
Subdivision and land development plats shall give due consideration to "comprehensive plans" of the Township of Swatara, Dauphin County and region, or to such parts thereof as may be adopted pursuant to statute.
E. 
Proposed land uses shall conform to Chapter 295, Zoning, as amended. In the event an applicant or developer requires or believes he requires a zoning hearing or zoning change in respect to matters affecting any plat being submitted, he shall first submit and secure approval for the plat, albeit such approval may be conditioned on the zoning hearing or change, before proceeding to and securing the zoning hearing or change.
F. 
Land subject to hazards to life, health or property, such as may arise from fire, flood, disease or other causes, shall not be platted for development purposes unless such hazards have been eliminated or unless the plat shall show adequate safeguards against them, which shall be approved by the appropriate regulatory agencies.
A. 
General standards.
(1) 
Proposed streets shall be properly related to such street plans or parts thereof as have been officially adopted by Swatara Township and shall be coordinated with existing or proposed streets in adjoining subdivisions or land developments. Further, proposed streets shall be properly related to county, regional or state transportation plans as have been prepared and adopted as prescribed by law.
(2) 
Streets shall be laid out to preserve the integrity of their design. Local access streets shall be laid out to discourage their use by through traffic and, where possible, collector and arterial streets shall be designed for use by through traffic.
(3) 
Streets shall be related to the topography so as to establish usable lots and satisfactory street grades.
(4) 
Proposed street arrangements shall make provisions for the continuation of existing streets in adjoining areas; the proper projection of streets into adjoining undeveloped or unplatted areas; and the continuation of proposed streets to the boundaries of the tract being subdivided.
(5) 
New half- or partial streets shall be prohibited except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards of these regulations and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be obtained; a cul-de-sac shall be constructed at the end of such half street which shall be of a permanent nature, unless a temporary cul-de-sac is approved.
(6) 
Names of new streets shall not duplicate existing or platted street names, or approximate such names by the use of suffixes such as "lane," "way," "drive," "court," "avenue." In approving the names of streets, cognizance should be given to existing or platted street names within the postal delivery district served by the local post office. New streets shall bear the same name or number of any continuation of alignment with an existing or platted street.
(7) 
Insofar as possible, streets on which structures are proposed to front shall be oriented along a given axis with maximum deviations permitted up to 25°; provided that such orientations are feasible based on soil and slope conditions and are a practical means of providing safe and convenient access and circulations.
(8) 
Proposed private streets (streets not offered for dedication) are prohibited, unless they meet the design standards of these regulation.
(9) 
Proposed private service access for purposes of providing a means of secondary access to a lot are permitted as deemed appropriate by the Board of Commissioners and Township Engineer.
(10) 
Proposed streets whether public or private shall meet the design standards set forth in Chapter 249, Article II, § 249-12.
B. 
Street classification. Three functional classifications of streets and roads, as classified in the Swatara Township Comprehensive Plan, Chapter Six, are established as follows:
(1) 
Arterial. This classification includes highways which provide intracounty or intermunicipal traffic of substantial volumes. Generally, these highways should accommodate operating speeds of 55 miles per hour.
(2) 
Collector. This classification is intended to include those highways which connect minor streets to arterial highways and generally serve intracounty and intramunicipal traffic. They may serve as traffic corridors connecting residential areas with industrial, shopping and other services. They may penetrate residential areas. Generally, these highways will accommodate operating speeds of 35 to 45 miles per hour.
(3) 
Minor. This classification is intended to include streets and roads that provide direct access to abutting land and connections to higher classes of roadways. Traffic volumes will be low and travel distances generally short. These streets and roads should be designed for operating speeds of 25 miles per hour or under.
C. 
Street widths.
(1) 
Minimum street right-of-way and cartway widths shall be required as presented in Table 1 for streets public or private.
Table 1
Street Widths
Cartway Width
Street Type
ROW
Width
(feet)
Shoulders
(feet)
Without
Curbs
(feet)
With
Curbs
(feet)
Arterial streets
As determined by the governing body and Planning Commission after consultation with the Pennsylvania Department of Transportation
Collector streets
60
--
24
30
Minor streets (general)
50
3 each
28
30
Marginal access
50
4 each
28
30
Minor streets (industrial/commercial uses)
60
6 each
28
30
Cul-de-sac
50
6 each
28
34
Turnaround of cul-de-sac (diameter)
100
4
80
80
Service drive (private)
N/A
N/A
20
20
Alley
20
N/A
20
20
(2) 
Provision for additional street width (right-of-way) may be required when determined to be necessary by the Board of Commissioners in specific cases for:
(a) 
Public safety and convenience.
(b) 
Parking in commercial and industrial areas and in areas of high-density development.
D. 
Material specifications. Material specifications shall comply with the Pennsylvania Department of Transportation publication "Guidelines for Design of Local Roads and Streets," PUB 70, April 1983 Edition, as amended.
E. 
Cul-de-sac or dead-end streets.
(1) 
Dead-end streets are prohibited unless designed as cul-de-sac streets or designed for future access to adjoining properties.
(2) 
Any dead-end street, for access to an adjoining property or because of authorized phased development, shall be provided with a temporary, all-weather turnaround within the subdivision and/or land development; and the use of such turnaround shall be guaranteed to the public until such time as the street is extended.
(3) 
Cul-de-sac streets serving residential uses, permanently designed as such, shall not exceed 800 feet in length and shall not furnish access to more than 24 dwelling units.
(4) 
Cul-de-sac streets servicing commercial and/or industrial uses shall be adequate for the type of use to be serviced as approved by the Township Engineer but in no case shall exceed 800 feet in length.
(5) 
Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient additional width provided along the boundary line to permit extension of the street at full width.
(6) 
All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turnaround:
(a) 
The minimum radius to the pavement edge or curbline shall be 40 feet, and the minimum radius of the right-of-way line shall be 50 feet.
(7) 
Drainage of cul-de-sac streets shall preferably be towards the open end. If drainage is toward the closed end it shall be conducted away in an underground storm sewer.
(8) 
The center-line grade on a cul-de-sac street shall not exceed 10% and the grade of the diameter of the turnaround shall not exceed 5%.
F. 
Driveways.
(1) 
Driveways shall be no closer than three feet to the point of intersection of two property lines at any corner as measured along the property line and shall not extend across such extended property line. However, no driveway opening shall be closer than 10 feet to the terminal of the radius at the curbline.
[Amended 3-8-2017 by Ord. No. 2017-2]
(2) 
In order to provide a safe and convenient means of access, grades on private driveways shall be so designed to allow for the unimpeded flow of stormwater runoff. In addition, driveways must be stabilized to their full width to prevent erosion. Entrances should be rounded at a minimum radius of five feet, or should have a flare construction that is equivalent to the radius at the point of intersection with the cartway edge (curbline). (Refer to Pennsylvania Department of Transportation, Guidelines for Design of Local Roads and Streets, Publication No. 70, as revised; in all instances where Publication No. 70 utilizes both metric and English units of measure, the English units of measure shall prevail and be utilized.)
[Amended 4-9-2003 by Ord. No. 2003-2]
(3) 
All driveways shall be located, designed and constructed in such a manner as not to interfere or be inconsistent with the design and maintenance and drainage of, or the safe and convenient passage of traffic.
G. 
Alleys. Alleys shall be discouraged in residential districts. In commercial and industrial areas, adequate alleys for off-street loading and unloading space where needed for loading and unloading or access purposes shall be provided.
H. 
Horizontal and vertical curves. In order to provide adequate sight distance and ensure proper alignment of streets, horizontal and vertical curve design shall be in accordance with the Pennsylvania Department of Transportation, Guidelines for Design of Local Roads and Streets, Publication No. 70, as revised; in all instances where Publication No. 70 utilizes both metric and English units of measure, the English units of measure shall prevail and be utilized.
[Amended 4-9-2003 by Ord. No. 2003-2]
I. 
Intersections.
(1) 
Streets shall intersect as nearly as possible at right angles, and no street shall intersect another at an angle of less than 75°.
(2) 
Intersections involving the junction of more than two streets are prohibited.
(3) 
Streets intersecting another street shall either intersect directly opposite to each other or shall be separated by at least 150 feet between center lines, measured along the center line of the street being intersected.
(4) 
Intersections shall be approached on all sides by a straight leveling area, the grade of which shall not exceed 5% within 60 feet of the intersection of the nearest right-of-way lines. Must provide a vertical curve which is in accordance with the design speed.
(5) 
Intersections with major streets shall be located not less than 800 feet apart, measured from center line to center line, along the center line of the major street.
(6) 
Curve radii.
(a) 
At intersections of streets the curb or edge of pavement radii shall not be less than the following:
Intersection
Minimum Simple Curve Radii of Curb or Edge of Pavement
(feet)
Collector with collector street
35
Collector with minor street
25
Minor street with minor street
15
(b) 
Radius corners or diagonal cutoffs must be provided on the property lines substantially concentric with or parallel to the chord of the curb radius corners.
J. 
Intersection sight distance and clear sight triangles. Adequate sight distances and areas of view obstructions shall be provided at all intersections of streets, and for driveways intersecting a street, in accordance with Pennsylvania Department of Transportation publication Chapter 441, "Access to and Occupancy of Highways by Driveways and Local Roads," as amended.
K. 
Street grades.
(1) 
The grades of streets shall not be less than the minimum or more than the maximum requirements listed below:
Type of Street
Minimum
Grade
Maximum Grade
All streets
0.5%
--
Arterial streets
--
As determined by the Board of Commissioners after consultation with the Commission and the Pennsylvania Department of Highways
Collector streets
--
8%
Minor streets
--
10%
Service drives
--
12%
Street intersections
--
5%
(2) 
On minor streets and service drives, grades greater than 10% shall not be more than 400 feet in length, or as determined by the Board of Commissioners.
L. 
Slopes of banks along streets. The slope of banks along streets measured perpendicular to the street center line shall be no steeper than the following:
(1) 
One foot of vertical measurement for three feet of horizontal measurement for fills.
(2) 
One foot of vertical measurement for two feet of horizontal measurement for cuts.
M. 
Access roads and drives.
(1) 
Direct access from residential lots to an arterial street shall be avoided whenever possible. Where such direct access cannot be avoided, adequate turnaround space shall be provided behind the right-of-way line.
(2) 
A valid highway occupancy permit shall be obtained from the Pennsylvania Department of Transportation for lots fronting on state roads. Driveways serving single-family residences on nonstate streets shall intersect streets at angles of no less than 60°. All other driveways or access roads shall intersect streets at right angles, where possible, and in no instance shall such intersection be less than 75°.
(3) 
The width of access roads or driveways shall be in accordance with the following standards:
(a) 
For multifamily residential, mobile home parks, and all nonresidential developments or subdivisions, access roads shall be no less than 22 feet in width at the street line, and shall clearly be defined by the use of curbing.
(b) 
For single-family residential subdivisions, driveways shall be no less than 10 feet in width and no greater than 20 feet in width at the street line.
(4) 
In order to provide for safe and convenient ingress and egress points, access roads and driveway entrances shall be rounded at the following minimum radius:
(a) 
For multifamily residential, mobile home parks, and all nonresidential developments or subdivisions, access road entrances shall be rounded at a minimum radius of 10 feet.
(b) 
For single-family residential subdivisions, driveway entrances shall be rounded at a minimum radius of five feet.
(5) 
The grades on access roads or driveways shall not exceed the following:
(a) 
Eight percent when access is to an arterial street.
(b) 
Ten percent when access is to a collector or minor street.
A. 
Easements shall be provided for drainage facilities, overhead or underground public utility facilities in consultation with the Township Engineer, the electrical utility companies, gas companies, television cable companies, the Pennsylvania Department of Transportation and the telephone utility companies.
(1) 
The minimum width of such easements shall be 15 feet. Additional width may be required by the Commission depending on the purpose and use of the easements.
(2) 
Wherever possible such easements shall be centered on the side or rear lot lines, or along the front lot lines.
B. 
Where a subdivision and/or land development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a drainage easement, width to be determined by the Township Engineer, conforming substantially with the line of such watercourse, drainageway, channel or stream and of such width as will be adequate to preserve the unimpeded flow of natural drainage or for the purpose of widening, deepening, relocating, improving or protecting such drainage facilities or for the purpose of installing a stormwater sewer. Under no circumstances shall the easement be less than 25 feet.
C. 
Where a subdivision or land development involves the use of solar access, solar skyspace easements will be provided, shall be in writing, and shall be subject to the same conveyancing and instrument recording requirements as other easements. Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating a solar skyspace easement shall include but not be limited to:
(1) 
A permanently identifiable description of the skyspace above the burdened land into which trees, buildings and/or other obstructions as specified by the easement shall not be permitted to encroach;
(2) 
Any terms or conditions under which the solar skyspace easement is granted or will be terminated; and
(3) 
Any provision for compensation by the owner of the land benefiting from the solar skyspace easement, or compensation of the owner of the land burdened by the solar skyspace easement for maintaining the easement.
D. 
Where lots contain row houses without side yards and no rear access is provided, a ten-foot easement to the interior lots will be required through the rear yards from the exterior lot or lots.
A. 
The length, width, shape and design of blocks shall be determined with due regard to the provision of adequate sites for buildings of the type proposed, to the land use and/or zoning requirements of the Township, the topography of the land being subdivided or developed, and the requirements for safe and convenient vehicular and pedestrian circulation.
B. 
Blocks shall not exceed 1,600 feet in length nor be less than 600 feet in length. Where practical, blocks along collector or arterial streets shall be not less than 1,000 feet in length.
C. 
Residential blocks shall generally be of sufficient depth to accommodate two tiers of lots except where reverse frontage lots bordering an arterial or collector street are used or, where due to the contour of the land or the necessary layout of the subdivision, there is insufficient depth between intersecting streets for such two tier design.
D. 
Blocks for commercial and industrial areas may vary from the elements of design contained in this section if the nature of the use requires other treatment. In such cases, off-street parking for employees and customers shall be provided along with safe and convenient limited access to the street system. Space for off-street loading shall also be provided with limited access to the street system. Extension of streets, railroad access right-of-way and utilities shall be provided as necessary.
E. 
Crosswalks or interior pedestrian walks shall be required in blocks exceeding 1,000 feet in length to provide for pedestrian circulation or access to community facilities. Such walks shall be stabilized for a width of not less than four feet, shall be located in easements not less than 10 feet in width, and shall, insofar as possible, be located in the center of any such block.
A. 
General standards.
(1) 
The size, depth, width and orientation of lots shall conform to applicable zoning regulations of Swatara Township.
(2) 
Side lot lines shall, in so far as practical, run from due north to south where the resulting angle of incidence with the street is not less than 30°. A variation of up to 25° east or west of the north/south axis is permitted.
(3) 
Where feasible, lot lines should follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.
(4) 
If, after subdividing, there exist remnants of land, they shall be either:
(a) 
Incorporated in existing or proposed lots; or
(b) 
Legally dedicated to public use, if acceptable to the Township.
B. 
Lot frontage.
(1) 
All lots shall abut a public street existing or proposed, or a private street if it meets the requirements of these regulations.
(2) 
Double or reverse frontage lots shall be avoided except where required to provide separation of residential development from major streets or to overcome specific disadvantages of topography or orientation.
(3) 
No residential lots shall be created which front upon a limited access highway. Furthermore, no major subdivisions and/or land developments shall be created which front upon an arterial street.
C. 
Building setbacks.
(1) 
Corner lots shall have extra width as required by Chapter 295, Zoning, as amended;
(2) 
Side and rear building setbacks shall conform to Chapter 295, Zoning, as amended;
(3) 
Front building setbacks shall conform to Chapter 295, Zoning, as amended;
(4) 
Buildings shall be oriented such that their longest axis faces within 25° of true south whenever lot size, street orientations, soil, and slope conditions make this practical.
A. 
In the event that any person shall intend to make changes in the contour of any land or engage in earthmoving activity, whether for subdivision, land development or any purpose, such person, who is required to obtain a permit, shall obtain such a permit from the Department of Environmental Protection in accordance with the requirements of the "Rules and Regulations," Chapter 102, Erosion and Sediment Control, authorized under P.L. 1987, June 22, 1937.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
B. 
Furthermore, under the requirements noted above, Swatara Township shall notify the Department immediately upon receipt of an application for a building permit involving earthmoving activity which affects five acres or more of land.
C. 
The Township shall not issue a building permit to those engaged in earthmoving activities requiring a Department of Environmental Protection permit, until the Department has issued the permit.
D. 
An erosion and sedimentation control plan must be prepared for a single lot or more where subdivision, land development or other earthmoving activity is proposed. The plan must be submitted:
(1) 
As required by the Rules and Regulations of the Department of Environmental Protection noted above; and
(2) 
As required by the Pennsylvania Clean Streams Law, Act 222, July 31, 1970, as amended.[2]
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
E. 
Such erosion and sedimentation control plan shall be submitted to the County Conservation District for review, and a copy of the plan and review comments shall be submitted to the Commission as part of the preliminary and final plat application.
F. 
In the preparation of erosion and sedimentation control plans the person preparing such plans shall consult with the County Conservation District to determine the measures needed to control erosion and sedimentation. The current Soil Erosion and Sedimentation Control Handbook, prepared by the Conservation Districts of Cumberland, Dauphin and Perry Counties, shall be used in the preparation of such plans. Copies are available in the Conservation District office in each county.
The design and development of all subdivision and land development plans preserve, whenever possible, natural features which will aid in providing open space for recreation and conditions generally favorable to the health, safety and welfare of the residents of the Township. These natural features include the natural terrain of the site, woodland areas, large trees, natural watercourses and bodies of water, wetlands, rock outcroppings and scenic views.
A. 
Tree preservation and planting.
(1) 
When deemed necessary by the Township's Planning Commission, a landscape plan will be developed for a subdivision and/or land development. Such plans shall indicate the vegetation or plant cover which exists and, on the same or separate sheet, the vegetation or plant cover which will exist when landscaping is completed. In addition, landscaping shall be designed, installed, and maintained with the aim of allowing as great a portion of the site to remain or become wooded without adversely affecting the availability of solar access to the south.
(2) 
The location and species of trees and other landscaping elements shall be such that when grown to full maturity shall not impede solar access to neighboring structures.
B. 
Lake, stream, and river frontage preservation.
(1) 
A maintenance easement for the Township or its designee, with a minimum width of 25 feet, shall be provided along all stream and river banks and lake edges. Such easement, in all cases, shall be of sufficient width to provide proper maintenance.
(2) 
Lake, stream, and river frontage shall be preserved as open space whenever possible.
(3) 
Access shall be provided to the water and maintenance easement area. The width of such access points shall not be less than 50 feet.
C. 
Topography. The existing natural terrain of the proposed subdivision tract shall be retained whenever possible. Cut and fill operations shall be kept to a minimum.
A. 
General standards.
(1) 
Where not prohibited by this or any other laws or ordinances, land located in any identified floodplain area or district may be platted for development with the provision that the developer construct all buildings and structures to preclude flood damage in accordance with this and any other laws and ordinances regulating such development.
(2) 
Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any identified floodway area or district. Sites for these uses may be permitted outside the elevated 1 1/2 feet above the regulatory flood elevation. If fill is used to raise the elevation of a site, the fill area shall extend out laterally for a distance of at least 15 feet beyond the limits of the proposed structures.
(3) 
Building sites for structures or buildings other than for residential uses shall not be permitted in any identified floodway area or district. Also, such sites for structures or buildings outside the floodway shall be protected as provided for in Subsection A(2) above. However, the governing body may allow the subdivision and/or development of areas or sites for commercial and industrial uses at an elevation below the regulatory flood elevation if the developer otherwise protect the area to that height or assures that the buildings or structures will be floodproofed at least up to that height. When a developer does not intend to develop the plat himself and the Township determines that additional controls are required to insure safe development, it may require the developer to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on every recorded plat.
B. 
Grading and excavation. Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, the developer shall consult the County Conservation District representative concerning plans for erosion and sedimentation control and to also obtain a report on the soil characteristics of the site so that a determination can be made as to the type and degree of development the site may accommodate. Before undertaking any excavation or grading, the developer shall obtain a grading and excavation permit if such is required by the Township.
C. 
Drainage facilities.
(1) 
Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets and provide positive drainage away from buildings.
(2) 
Plans shall be subject to the approval of the Township. The Township may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and county drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.
D. 
Streets and driveways. The finished elevation of proposed streets and driveways shall not be more than one foot below the regulatory flood elevation The Township may require profiles and elevations of streets to determine compliance with the requirements. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
E. 
Sanitary sewer facilities. All sanitary sewer systems located in any designated floodplain district, whether public or private, shall be floodproofed up to the regulatory flood elevation.
F. 
Water facilities. All water systems located in any designated floodplain district, whether public or private, shall be floodproofed up to the regulatory flood elevation.
G. 
Other utilities and facilities. All other public and private utilities including gas and electric shall be elevated or floodproofed to not less than 1 1/2 feet above the regulatory flood elevation.
[Amended 3-11-2009 by Ord. No. 2009-2; 5-14-2025 by Ord. No. 2025-03]
A. 
All residential subdivisions or land development plats submitted after the effective date of this chapter shall provide for suitable and adequate recreation in order to:
(1) 
Insure adequate recreational areas and facilities to serve the future residents of the Township;
(2) 
Maintain compliance with recreational standards as developed by the National Recreation and Parks Association, the Swatara Township Comprehensive Recreation Plan, and the Township-Wide Greenway Study.
(3) 
Reduce increasing usage pressure on existing recreational areas and facilities;
(4) 
Insure that all present and future residents have the opportunity to engage in many and varied recreational pursuits; and to reduce the possibility of the Township becoming overburdened with the development and maintenance of many very small, randomly planned and widely separated recreation areas.
B. 
Exemptions and requirements.
(1) 
The following are exempt or partially exempt from the provisions of this section:
(a) 
Any single-family and/or multifamily residential subdivision or land development plan in a residential zone classification for which a preliminary plan has been submitted prior to the effective date of this chapter.
(b) 
Any residential subdivision or land development plan, whether single-family and/or multifamily, that contains less than 30 dwelling units may be exempted by the Board of Commissioners from dedicating land for recreational purposes, but shall pay the fee in lieu of dedication as provided in this chapter. Yard extensions shall be excluded from this requirement
(2) 
The amount of land required to be provided for recreational purposes for residential subdivisions or land development plans not exempted from the provisions of this section shall be as follows:
(a) 
Single-family developments. In a case of a single-family subdivision, the developer shall provide a minimum of 2,000 square feet per lot.
(b) 
Multiple-family developments. In multiple-family developments, the greater of a minimum contiguous area of 10% of the total area or 10 acres per 1,000 persons, or fraction thereof expected to reside in a proposed dwelling unit, shall be provided for recreation, exclusive of roadways of the land being developed. The population potential of a dwelling unit shall be assumed to be 2.39 people per dwelling unit for the purpose of calculating the number of persons expected to reside in the proposed dwelling unit.
(3) 
Fifty percent of the land required under this section must meet the definition of "active recreation" and 50% of the land required under this section must meet the definition of "passive recreation." A maximum of 25% of the total land area required by this section to be provided for passive recreation may consist of floodplain areas.
(4) 
Such land set aside shall be suitable to serve the purpose of active and or passive recreation by reason if its size, shape, location and topography and shall be subject to the approval of the Board of Commissioners.
(5) 
The developer shall satisfy the Board of Commissioners that there are adequate provisions to assure retention and all future maintenance of such recreation areas by maintaining ownership, or by providing for and establishing an organization for the ownership and maintenance of the recreation area and such organization shall not be dissolved nor shall it dispose of the recreation area by sale or otherwise, except to an organization conceived and established to own and maintain the recreation area without first offering to dedicate the same to the Township.
C. 
Optional recreation procedure. Upon agreement by the applicant, the Township may accept the construction of recreational facilities, the payment of fees in lieu thereof, the private reservation of land for recreational purposes, the dedication of land for recreational purposes, including land located in other areas of the Township, or a combination of all of the above.
D. 
Recreation area location criteria. The Planning Commission and the Board of Commissioners, in exercising their duties regarding the approval of subdivision and land development plans, shall consider the following criteria in determining whether to approve the proposed location of recreation areas in the developer's subdivision or land development plan and/or whether to accept the dedication of recreation areas to the Township:
(1) 
Site or sites should be easily and safely accessible from all areas of the development to be served, have good ingress and egress and have access to a public road, however, no public road shall traverse the site or sites.
(2) 
Site or sites should have suitable topography and soil conditions for use and development as a recreation area.
(3) 
Size and shape for the site or sites should be suitable for development as a particular type of active recreation area. Sites will be categorized by the Township using the standards established by the National Recreation and Parks Association (Publication No. 1005, as revised).
(4) 
When designing and developing these recreation areas, it shall be done according to the standards established by the National Recreation and Parks Association.
(5) 
Site or sites should, to the greatest extent practical, be easily accessible to essential utilities, such as water, sewer and electric.
(6) 
Site or sites should meet minimum size requirements for usable acreage with respect to National Recreation and Parks Association standards with 75% of such area having a maximum slope of 7%.
(7) 
Recreation sites shall be located in such a manner which allows maximum practical solar access to neighboring structures.
(8) 
Where open space is being provided, it shall be located, wherever possible, to provide a buffer from the shading effects of taller structures or obstructions on existing or proposed shorter buildings.
(9) 
This site shall not contain stormwater management facilities or be comprised of lands that otherwise would not be developed due to developmental limitations.
(10) 
Wherever possible, the site shall be adjacent to other existing recreational lands to create a comprehensive recreation area or to connect to proposed Township greenways as set forth in the Township-Wide Greenway Study.
(11) 
If the site has been disturbed or altered prior to dedication, the applicant shall improve it to as near as possible a condition which is acceptable to the Township, including, but not limited to, grading, topsoiling and seeding.
E. 
Dedication to Township.
(1) 
In a case where the developer does not wish to retain the required recreation area, such area may be offered for dedication to the Township for public use.
(2) 
In addition to approving the recreation site areas to be dedicated to the Township, the Planning Commission, the Recreation Advisory Board, and the Recreation Committee of the Board of Commissioners shall make their recommendations to the Board of Commissioners as to whether the dedication shall be accepted by the Township or that the payment of fees in lieu of dedication is required.
(3) 
Such area dedicated to the Township for public use shall be suitable for recreational purposes by reason of size, shape, location, topography and access.
(4) 
The Planning Commission may find dedication to be impractical because of the size, shape, location, access, topography, drainage or other physical features of the land and that such dedication would adversely affect the subdivision or land development and its future residents or occupants, or that there is no land area within the proposed subdivision which is practical for dedication to the public because of size, access, topography or other physical characteristics.
(5) 
When the Board of Commissioners deems it to be in the public interest to accept dedicated land, such acceptance shall be by means of a signed resolution to which the property description of the dedicated recreation area shall be attached.
F. 
Fee in lieu of dedication or provision of land or facilities.
(1) 
Where the Board of Commissioners agrees with the developer that because of the size, shape, location, access, topography or other physical features of the land that it is impractical to dedicate land to the Township or set aside a recreation area as required by this section, the Board of Commissioners shall require a payment of a fee in lieu of dedication of such land which shall be payable to the Township prior to approval of each final section of the overall plan by the Board of Commissioners. Such fee shall be calculated by multiplying the number of dwelling units in each section by the fee per dwelling unit.
(2) 
The amount of the fee shall be set by resolution by the Board of Commissioners.
(3) 
Use of fees.
(a) 
Any fees collected under this section shall be placed within an interest-bearing account and shall clearly identify the specific recreational facilities for which the fee was received and shall be accounted for separately from other Township funds. Interest earned on such account shall become funds of that account.
(b) 
To make sure that the recreation lands and facilities are accessible to the inhabitants of the developments that paid fees towards their costs, such fees should only be used within a five-mile radius of the boundaries of the subdivision or land development plan for which the fees were paid, unless the fees are used within a recreation area open to the public that the Township intends to serve the entire Township. In addition, the Township may commit fees towards a recreation area open to the public in an adjacent municipality that would be intended to serve inhabitants of the development that paid the fees.
(c) 
Funds from the specified recreation accounts shall be expended only in properly applicable portions of the cost incurred to construct the specific recreation facilities for which the funds were collected. Such fees shall only be used for the following:
[1] 
Acquisition of recreation land and related debt payments;
[2] 
Development of public recreational facilities;
[3] 
Landscaping of public recreation areas and closely related engineering and design work.
(d) 
Upon request of any person who paid any fee under this subsection, the Township shall refund its such fee, plus interest accumulated thereon from the date of payment, if the Township had failed to utilize the fee paid for the purposes set forth in this section within three years from the date such fee was paid.
G. 
Land to be dedicated to the Township must be dedicated for public use prior to the recording of the final subdivision or land development plan. The proposed deed of dedication shall include the legal description of the area and shall be submitted with the final plan for approval by the Township Solicitor. Title to land to be dedicated shall be good and marketable and free of all liens and encumbrances and other defects.