[Ord. 1986-O-148, 1/20/1986, § 1]
Any activity that requires some physical exertion on the
part of the participant, such as athletics.
Any land which is set aside for use as active recreational,
such as playfields, playgrounds, skating rinks, swimming pools and
tennis courts.
The area occupied by buildings in any subdivision or land
development. It shall not include parking lots, sidewalks, or other
non-building areas.
Any activity that requires little or no physical exertion
on the part of the participant, such as arts and crafts, nature study
and board games.
Any area developed in such a manner as to be conducive of
those activities that fall within the range of passive recreation,
such as nature areas, craft areas, meeting areas, sitting areas, walkways,
sunbathing areas, ponds and lakes, and picnicking areas.
Any activity, whether structured or not, which individuals
voluntarily engage in during their leisure.
[Ord. 1986-O-148, 1/20/1986, § 2]
1.
All subdivision or land development plans submitted after the effective
date of this Part 12 shall provide for suitable and adequate recreation
as more particularly set forth in this Part 12 in order to:
A.
Insure acquisition, development and maintenance of adequate recreation
areas and facilities to serve the people that work and live in the
Township.
B.
Maintain compliance with recreation standards as recommended by the
Newtown Park and Recreation Board and as approved by the Newtown Township
Board of Supervisors.
C.
Coordinate existing recreational areas with future recreational areas.
D.
Enhance existing recreational areas and facilities to enable them
to be supportive of future development.
E.
Provide for the orderly acquisition and development of additional
park and recreation areas.
[Ord. 1986-O-148, 1/20/1986, § 3; as amended by
Ord. 1987-O-172, 12/12/1987, § 1; by Ord. 97-O-12, 8/13/1997,
§ 1(A); and by Ord. 2006-O-8, 5/10/2006, § I]
1.
The developer or applicant shall dedicate land suitable for park
or recreation use to Newtown Township, unless one of the alternatives
set forth in § 1207 of this Part is approved by the Township.
The land shall not be dedicated until the completion of the necessary
and agreed upon improvements have been completed. All improvements
shall be completed prior to 50% of the homes in the subdivision being
completed.
2.
The amount and location of land to be dedicated to the Township shall
bear a reasonable relationship to the use of the park and recreational
facilities by future residents of Newtown Township. At a minimum,
the following criteria for dedication of park and recreation areas
to the Township shall apply:
A.
Residential Subdivision or Land Development. The amount of land to
be dedicated for park and recreational areas in residential subdivision
or land developments of three or more individual dwelling units, whether
they are single family dwellings or contained within a multi-family
dwelling, shall be as follows:
(1)
Single Family Detached or Two-Family Developments. In the case
of subdivisions of single family detached or two-family dwellings,
the developer shall dedicate a minimum of 3,000 square feet per dwelling
unit.
(2)
Multi-Family Developments. In multi-family residential developments,
the developer shall dedicate a minimum of 3,000 square feet per residential
dwelling unit.
(3)
Conversions. In the event that any building is converted to
multi-family use, it will be subject to the multi-family regulations.
B.
Nonresidential Subdivision or Land Development. The amount of land
to be dedicated for park and recreational areas in a nonresidential
subdivision or land development shall be 3,000 square feet per 4,000
square feet of floor area. For example, a 10,000 square foot building
will require 7,500 square feet of park and recreation area to be dedicated
to the Township. The types of park and recreational areas that shall
be deemed suitable for nonresidential subdivision or land developments
shall include, but not be limited to:
(1)
Playing fields (baseball field, soccer field or the like, designed
for active recreation, constructed pursuant to the minimum standards
of the regulatory authority, such as Township little league).
(2)
Tennis courts.
(3)
Tot lots (small playground especially designed for young children).
(4)
Basketball courts.
(5)
Paddle tennis courts.
(6)
Jogging paths with exercise stations.
C.
The land dedicated to the Township for park and recreation purposes
need not be a part of the land development or subdivision. It may
be located on a separate parcel of land, provided that the Board of
Supervisors determines in its sole discretion that the land being
dedicated is convenient to the subdivision or land development. In
addition, the developer, with the approval of the Township, may construct
park and recreation facilities at the Township facilities or the facilities
of another developer to satisfy the requirements of this section.
Park and recreation facilities which are available to all Township
residents as opposed to facilities which are available only to the
residents of a particular subdivision or land development are encouraged.
D.
No more than 25% of the park and recreation space may consist of
floodplain areas or areas with slopes in excess of 8%. Floodplain
and steep slopes may not be used for active recreation.
E.
The land being dedicated for active recreation must be suitable for
active recreation by reason of its size, shape, location and topography.
F.
The land being dedicated for passive recreation must be suitable
by reason of its size, shape, location and topography for hiking,
picnicking and similar passive recreation.
G.
In the event of a conflict between the Joint Municipal Zoning Ordinance
and this Part as to the amount of recreational areas which must be
dedicated, this Part shall control.
3.
When land is being dedicated, notwithstanding the foregoing, the
land which is dedicated must meet the minimum lot size for the district
within which it is being dedicated.
4.
Any land dedicated to the Township shall be used only for the purpose
of providing park and recreational facilities.
5.
When land is dedicated, 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.
6.
Where a developer dedicates land, the acquisition value of the land
plus any improvements being placed on the land for park and recreation
purposes must equal or exceed the fee in lieu of dedication as established
by resolution of the Board of Supervisors from time to time. If the
value of the fee in lieu of dedication is not met or exceeded, the
developer must supply the balance of his obligation to supply park
and recreation facilities by one or more the alternatives set forth
in § 1207, below.
[Ord. 1986-O-148, 1/20/1986, § 4; as amended by
Ord. 97-O-12, 8/13/1997, § 1(B)]
1.
The Planning Commission and the Board of Supervisors in exercising
their duties regarding the review of subdivision and land development
plans shall consider the recommendations of the Park and Open Space
Committee and Recreation Board as well as the following criteria in
determining whether to approve the proposed recreation plan (which
approval shall include both the use and location of the proposed park
and recreational area in an applicant's subdivision or land development
plan):
A.
The land being dedicated shall be easily and safety accessible. For
a park being dedicated to the Township, the proposed park and recreational
area shall be located in the front of the subdivision, with direct
access onto the external street to which the subdivision has access.
If the land being dedicated is being dedicated to a homeowners association,
it may be located in the interior of the subdivision in a location
which is convenient to all of the residents of the subdivision.
B.
The geometry of the land being dedicated shall be as close to square
as is reasonably possible.
C.
The land being dedicated shall be a single contiguous parcel.
D.
The land being dedicated shall have suitable topography and soil
conditions for use and development as a recreation area.
E.
The land being dedicated shall be directly accessible to essential
utilities, such as sewer, water and power. If water, sewer and power
is not immediately to the proposed site, the developer shall provide
water, sewer and power to the site.
F.
The land being dedicated shall be provided with off street parking
to serve the proposed facilities.
G.
Sidewalks and/or a trail must be provided to the land being dedicated
to allow all residents of the subdivision to have access to the proposed
park and recreation facilities.
H.
The land being dedicated shall be in conformance with the Township's
comprehensive park and recreation plan.
I.
Where the proposed subdivision or land development is located adjacent
to existing park and recreation facilities, the land being dedicated
shall be adjacent to the existing park and recreation facilities and
shall be contiguous thereto. The land being dedicated shall be laid
out to maximize the usefulness of the combined facilities as a single
unified park and recreation facility.
[Ord. 1986-O-148, 1/20/1986, § 5]
1.
At the same time that a subdivision plan, whether preliminary or
final, is submitted to the Township, a recreation plan shall be submitted
to the Township Park and Recreation Board, who shall review the plan
(both to use and location) and make recommendations thereon in writing
to the Planning Commission and the Board of Supervisors.
2.
Upon recommendation of the Park and Recreation Board, the Board of
Supervisors may waive or alter any provision of this Part 12.
3.
In certain instances the Park and Recreation Board may recommend to the Planning Commission and the Board of Supervisors that it is impractical because of size, shape, location, access, topography, drainage or other physical features of the land that there is no land within the proposed subdivision which is practical for dedication to the public which can be set aside for recreational uses because of size, access, topography or other physical characteristics. In that event the developer shall proceed in accordance with § 1207 of this Part 12.
[Ord. 1986-O-148, 1/20/1986, § 7; as amended by
Ord. 1987-O-172, 12/12/1987, § 2; and by Ord. 97-O-12, 8/13/1997,
§ 1(D)]
1.
Fee in Lieu of Dedication.
A.
Where the Board of Supervisors determines that because of the size,
shape, location, access, topography or other physical features of
the land or any other need of the Township, that it is impractical
to dedicate land to the Township for a public park as required by
this Part, the Supervisors shall required dedication to the homeowners
association for the exclusive use of the residents of the subdivision
in which it is located and if the Board of Supervisors determines
that it is impractical to dedicate land to either the Township of
the homeowners association, the Supervisors shall require a payment
of a fee in lieu of dedication of such land from the developer. The
calculation of the fee in lieu of dedication shall be set forth in
detail in a resolution and shall bear a reasonable relationship to
the use of the park and recreation facilities by future inhabitants
of Newtown Township.
B.
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 Newtown Township.
C.
A fee authorized under this subsection shall, upon its receipt by
the Township, be deposited in an interest bearing account, designated
the Newtown Township Park and Recreation Fund. Interest earned on
such accounts shall become funds of that account. Funds from such
accounts shall be expended only on specific recreation facilities
approved by the Board of Supervisors.
D.
Upon request of any person who paid fees under this subsection, the
Township shall refund such fee, plus interest accumulated thereon
from the date of payment, if the Township had failed to utilize the
fee paid for recreation purposes within three years from the date
such fee was paid unless return of the fee has been waived by agreement
between the developer and the Township.
2.
Combination.
A.
With the approval of the Township, the developer may utilize any
combination of the aforementioned techniques to satisfy his park and
recreation obligation. However, in no circumstances shall the total
value of the acquisition of land, improvements thereon, dedicated
land, or reserved land fail to meet or exceed the value of the fee
in lieu of dedication established by resolution of the Board of Supervisors
from time to time.
[Ord. 1986-O-148, 1/20/1986, § 8; as added by Ord.
97-O-12, 8/13/1997, § 1(E)]
The Board of Supervisors have adopted a formal recreation plan
for Newtown Township by resolution. Future park and recreational facilities
proposed within Newtown 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 Supervisors.
