[HISTORY: Adopted by the Board of Supervisors of the Township
of Potter as indicated in article histories. Amendments noted where
applicable.]
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[The Centre County Subdivision and Land Development Ordinance
is in effect in the Township of Potter.]
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[Adopted 1-9-2006 by Ord. No. 1-2006]
This article shall only apply to proposals that would result
in the creation of new dwelling units. It is the purpose of this article
to implement the language contained in Section 503(11) of the Pennsylvania
Municipalities Planning Code[1] and thereby provide needed recreation/open space to accommodate
growth.
[1]
Editor's Note: See 53 P.S. § 10503(11).
A.Â
Any proposal that would result in the creation of one or more new
dwelling units shall be required to dedicate a minimum of 0.032 acres
of park and/or open space per dwelling unit to the Township, prior
to final plan approval.
B.Â
As an alternative to dedication, and upon agreement with the Board
of Supervisors, the applicant may agree to provide any of the following:
C.Â
Any of the preceding alternatives must be at least equal to the predetermined
Potter Township fee schedule or the predevelopment fair market value
of the open space which would have been otherwise required for dedication.
Fair market value shall be submitted by the developer and determined
by a member of the Appraisal Institute of the American Institute of
Real Estate Appraisers (MAI) and shall include any documentation used
to derive the site's fair market value. Should the Township dispute
the appraised fair market value, it can require mandatory dedication
of needed acreage. The Board of Township Supervisors may waive the
foregoing land appraisal requirement, provided that the applicant
agrees to pay a fee as set from time to time by resolution of the
Board of Supervisors per proposed new dwelling unit.
[Amended 3-13-2006[1]]
The subdivider or developer shall place a note on each subdivision
plan or site plan which is subject to this article, as follows:
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"No more than _____ dwelling units may be constructed on the
land which is subject of this subdivision plan (site plan) unless
additional land is dedicated to the Township of Potter for parkland
and open spaces and/or the Board of Supervisors accepts an additional
fee in lieu of dedication of parkland and open spaces; said decision
to be at the discretion of the Board of Supervisors."
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A.Â
The Board of Supervisors or its designee shall determine if the land
is acceptable for dedication and suitable for active recreational
pursuits based on the following and any other relevant criteria:
(1)Â
Access. The dedicated land must be readily accessible to all development
residents. If the dedicated land abuts a public street, there shall
be at least frontage of a minimum distance of 50 feet. If easements
over private lands are the sole access, they shall be a minimum of
50 feet wide and have a cartway of sufficient width for two vehicles,
constructed to a rough grade, passable condition; the maintenance
of said right-of-way shall be the responsibility of the homeowners'
association or similar organization.
(2)Â
The site shall be sized and configured so as to accommodate its intended
uses. Sufficient lot width/depth dimension shall be provided so as
to accommodate, where practicable, ball fields, courts, and other
open play areas. Furthermore, should a development be proposed at
a location contiguous to an existing park, dedicated parklands should
be provided, where practicable, as an expansion of the existing facility.
(3)Â
The site shall have suitable topography and soil conditions for use
and development as active play areas. No more than 25% of the site
shall be comprised of floodplains, stormwater management facilities
and/or slopes exceeding 3%. Any unimproved site shall be provided
with a healthy and vibrant grass ground cover.
(4)Â
The site shall be located and designed to conveniently access proximate
public utilities (e.g., sewer, water, power, etc.). However, no part
of any overhead utility easement nor any aboveground protrusion of
an underground utility should be permitted in active play areas of
the site.
B.Â
In special instances, the Township may waive any or all of the preceding
design standards. In such instances, the applicant must demonstrate
that the public will be better served by some alternate design that
would accomplish at least one of the following objectives:
(1)Â
Protection of important natural resources (e.g., streams, ponds,
wetlands, steep slopes, woodlands, unique geologic features, wildlife
habitats, aquifer recharge areas, etc.).
(2)Â
Protection of important historical and/or archaeological sites.
(3)Â
Integration of greenbelts throughout the development that link residences
with on-site or adjoining parks, schools or other similar features.
If it is determined that the land proposal for dedication is
acceptable, the Township may officially accept the land at the time
of final approval of the development plat. At such time a deed shall
be recorded for the dedicated land, and it shall contain the following
restrictive clause:
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"This land was required for perpetual public park and open space
purposes through the implementation of the Township of Potter Park
and Recreation Ordinance."
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A.Â
If it is determined that there is not land suitable for dedication,
or that the subdivision is too small to allow for a suitable amount
of land for dedication, or that it is not practical to dedicate land,
or that there already exists adequate amount of parks and open space
land and recreation facilities, a fee in lieu shall be required by
the Township. Such determination shall be made at the preliminary
plan stage. Any funds collected as fees in lieu of dedication of open
space shall be deposited in an interest-bearing account. This account
shall be separate from other municipal accounts and shall be clearly
identified for the purpose of funding acquisition and development
of recreation facilities. Interest earned on all monies deposited
in such accounts shall become funds of that account. Funds from such
accounts shall be expended at the discretion of the Board of Supervisors
in properly allocable portions of the cost incurred to design, construct,
operate, and maintain parks and recreational facilities, or acquire
the specific recreation facilities that will benefit the subdivision
or land development from which they were collected.
[Amended 10-4-2021 by Ord. No. 06-2021]
B.Â
In some instances, there may be some but not enough land to meet
the park and open space needs. In those cases, the Board of Supervisors
may elect, at its option, to require the dedication of some land and
the payment of a fee in lieu of land for the balance.
C.Â
The requirement that funds collected as a fee in lieu of dedication
be expended within three years of receipt is hereby revoked. The provisions
of Section 503(11)(vii) of the Municipalities Planning Code shall
apply.
[Added 5-2-2016 by Ord.
No. 1-2016]
