[Ord. 2013-673, 3/12/2013]
In providing for the mandatory dedication of land for park and recreational facilities by developers or payment of a fee in lieu thereof, it is the intent of the Township:
A. 
To provide adequate open spaces, recreational lands and recreational facilities to serve both the residents and nonresidents of the Township by providing for both passive and active recreation.
B. 
To further implement the Township's park, recreation and open space plans and goals as set forth in the Township's Comprehensive Plan and Park and Recreation Plan Update, 2012-2013.
C. 
To recognize that the development of residential, commercial, business office, professional and industrial uses in the Township creates a demand for local recreational facilities.
[Ord. 2013-673, 3/12/2013]
1. 
This Part 11 shall apply to any residential or nonresidential subdivision and land development applications and plans, and any amendments thereto, filed after the effective date hereof.
2. 
This Part 11 shall not apply to religious or public or parochial educational uses.
[Ord. 2013-673, 3/12/2013]
1. 
Dedication of Land. The applicant for subdivision or land development approval shall dedicate land suitable for park or recreational use to the Township, unless one of the alternatives set forth herein is agreed to by the Township and the applicant. The land shall be dedicated to the Township 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 Board of Commissioners.
A. 
The amount of land to be dedicated to the Township shall be as follows:
Type of Development
Minimum Required Percentage of Gross Tract Area Which Must Must be Dedicated
Single-family detached dwelling residential use
10%
Other residential uses
10%
Commercial uses
5%
Business office or professional uses
5%
Industrial uses
5%
B. 
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 not be used for active recreation.
C. 
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.
D. 
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 no less than 25 feet in width.
E. 
The land to be dedicated shall comprise a single parcel of land, except where the Board of Commissioners shall determine that two or more parcels would be in the public interest.
F. 
The area to be dedicated may not be used in calculating density.
G. 
Any land dedicated to the Township shall be used only for the purpose of providing park and recreational facilities.
2. 
Fee in Lieu of Dedication.
A. 
The Board of Commissioners and the applicant may agree to the payment of a fee in lieu of dedication of land.
B. 
Where the Board of Commissioners 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.
C. 
Fair market value of the land in lieu of which the fee is paid shall be determined by agreement of the Board of Commissioners and the applicant. In the event that the Board of Commissioners 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 Board of Commissioners. 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.
D. 
The Board shall reserve the right to obtain its own appraisal; and in the event that the Township 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 Township appraisal is valued 10% greater than that of the applicant, then a third appraiser shall be selected by agreement of both the Board and applicant, to be paid for by the applicant, to resolve the difference.
E. 
Any fee in lieu of dedication which is collected by the Township shall be used only for the purpose of providing park and recreational facilities within West Norriton Township.
F. 
A fee authorized under this subsection shall, upon its receipt by the Township, be deposited in an interest-bearing account, designated as the "West Norriton Township Parks and Recreation Fund." Interest earned on such account shall become funds of that account. Funds from such account shall be expended only on the design, construction or acquisition of specific recreation facilities approved by the Board of Commissioners.
G. 
Upon 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 Township, 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 recreation purposes within three years from the date such fee was paid.
3. 
Combination of Dedication of Land and Payment of Fees.
A. 
Where the applicant and the Board of Commissioners 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.
B. 
Credit for the cost of construction of any park and recreation facility shall be subject to the review and approval of the Township Engineer as determined by prevailing costs for labor, structures and materials associated with the facility.
[Ord. 2013-673, 3/12/2013]
The Board of Commissioners shall adopt and, where appropriate, update a formal Parks and Recreation Plan for the Township by resolution. Future park and recreational facilities proposed within the Township 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 Board of Commissioners.
[Ord. 2013-673, 3/12/2013]
Fees required under this section shall be due and payable at the time of execution of the final plan by the Township and shall in any case be paid prior to recording of the final plan.
[Ord. 2013-673, 3/12/2013]
When land is offered for dedication, acceptance by the Township shall be by means of a signed resolution to which a property description of the dedicated recreational area shall be attached. A fee-simple warranty deed conveying the property shall be delivered to the Township with title free and clear of all liens and encumbrances except for public utility easements. In no event shall the Township be required to accept dedication of the park and recreational areas.